UK and EU close deal on Gibraltar status after Brexit

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The UK and Spain are close to reaching a deal on Gibraltar’s post-Brexit situation, which is one of the few outstanding issues created by Britain’s exit from the EU.

Gibraltar is in limbo ever since Brexit took effect early 2020. London, Brussels, and Madrid are unable to reach an agreement on several issues including the border police of the territory.

UK foreign secretary David Lammy flew to Gibraltar on Tuesday and met officials and businesses before flying to Brussels on Wednesday for talks with his Spanish counterpart José Manuel Albares and EU Brexit commissioner Maroš Šefčovič. The Gibraltar delegation accompanied him on the flight.

The presence of the Foreign Secretary and significant representation in the UK was widely perceived as a sign that the long-running discussions might be about to conclude.

According to a person who was close to the discussions, senior officials would not travel to Brussels if a deal had a high risk of “falling apart” in the last moment. This has happened previously.

An EU diplomat stated that “it’s getting close.”

Officials from the Spanish Foreign Ministry said that they wanted to “make as many progresses as possible and keep our borders as close as we can.” [a deal] “As soon as possible”

Gibraltar’s post-Brexit status as a British territory that shares a border with the EU — and its Schengen free-travel zone — has raised thorny issues. Spain, who refuses to recognize British sovereignty over Gibraltar, has gained more influence.

Both Gibraltar, and Spain, rely on free movement across their land borders. Madrid, however, has leveraged itself in the post Brexit limbo by its ability to harm Gibraltar. It could do this by introducing strict passport checks which would stop the daily flow Spanish workers.

Both Spain and the EU are seeking a semi-open border in exchange for the airport of Gibraltar to be able to control passport checks, as people traveling onwards into Spain enter the Schengen zone. The UK does not want to give up its sovereignty over the airport which is also a Royal Air Force Base.

Even though both sides said their respective stances about which country owns Gibraltar weren’t up for discussion, the negotiations have continued for years.

Both sides seemed eager to reach an agreement as part a new partnership strategic launched in London at a summit held in May. 

The EU officials are hopeful about the relationship that has developed with the Labour government since July. 

Gibraltar receives more than 15,000 workers each day from the most poorest areas of Spain. Spain imports food, medicine, and other supplies to the Rock’s residents.

The Treaty of Utrecht, signed in 1713 by the Spanish Crown, ceded this territory to Britain. Spain has been trying to reclaim Gibraltar for many years, but the overwhelming majority Gibraltar residents support British rule.

Foreign Office officials stressed that the UK would only agree to a deal which protects British sovereignty and supports Gibraltar’s economic growth. Gibraltar must also fully support any deal.

One UK official who was close to the discussions cautioned that “much work remained to be done” in the room during the talks and said a deal had not yet been “rubber stamped”.

In the crucial issue of airport border checks, Brussels continues to insist that it must conduct the checks at the airport of the territory, whereas the UK has refused the presence of Spanish border officers on its territory.

The issue remains sensitive, even though Frontex’s staff, the EU’s border agency could provide a compromise.