Tension at Gibraltar after border post chief decides to apply Schengen to Gibraltarians

Luis Ayllón The Gibraltar border is experiencing hours of great tension, after Spain began to demand and stamp passports not only from British residents on the Rock, but also from Gibraltarians, who wanted to enter our country, in strict application of the Schengen regulations. The measure was adopted by the chief inspector of the Spanish Police at the border post from 11:00 p.m. on Thursday, the 10th, but twelve hours later it was suspended by decision of his superiors, after the Government of the colony reacted by demanding, in turn, passports from cross-border workers who cross the border daily to carry out their work in Gibraltar. This decision by Fabian Picardo's government caused long queues at the border crossing early on Friday morning, as most of the workers did not carry this documentation, as they usually only pass with their identity cards. The reaction of the Gibraltarian authorities and the complaints that they sent to the Ministry of the Interior had an effect and the chief inspector of the La Línea border post received an email from the Police Commissioner of Cadiz, indicating that it had been decided that they should act as they had been acting since before 11:00 p.m. on Thursday. The chief inspector replied that he should specify in writing and with a signature and stamp, what should be understood by "acting as they had been acting before." The discontent among the police officers working at the border post has been evident for some time, so the chief inspector decided to apply articles 6 and 11 of the Schengen Borders Code. The measure affected not only British residents in Gibraltar, but also Gibraltarians who are in possession of the so-called “red card” with which they could cross the border without having their passport stamped, thanks to a tacit agreement between Spain and the United Kingdom, while negotiations were underway on the future of the colony after Brexit. The chief inspector of the border post of La Línea de la Concepción Gibraltar indicated in a circular sent to his staff that, on three occasions, he asked his superiors, through the General Police Station of La Línea, to provide him with written and signed instructions on what legislation applies so as not to ask Gibraltarians to comply with what is established in Schengen. According to article 11 of the Schengen Borders Code, third-country nationals who do not need a visa must have their passports stamped. In the circular, to which The Diplomat had access, the chief inspector points out that this action “is being justified, according to verbal statements from the superiors and information from the media, by the existence of agreements between Spain and the United Kingdom.” And he recalls that, as the person in charge of the post, he made it clear that he did not find legal support for this procedure and that, therefore, he was against continuing with this practice if he was not provided with “the legal regulations that support - he underlines - the persistent non-compliance with articles 6 and 11 of the Schengen Borders Code.” The inspector, who presented his demands to the head of the Local Brigade of Immigration and Borders, in writings on September 13, 20 and 29, without receiving any response, also warns in the aforementioned circular that he will not continue to breach the Schengen Borders Code because this could lead to disciplinary consequences for him, in addition to incurring in a possible crime of prevarication. The decision by the border post manager provoked anger in the Gibraltarian government and its reaction was to ask for passports from cross-border workers and to block the border at the gate early in the morning, when they were heading to their jobs in the colony. In a note issued this Friday, Picardo's government indicates that "the decision to suspend the provisional measures had not been adopted by the Spanish Ministers of the Interior or Foreign Affairs, nor had they been notified," and adds that "apparently, the order was given in writing by an Inspector of the Spanish National Police in La Línea de La Concepción, who was not authorized by his superior to give that instruction." Therefore, Picardo gave "instructions that, unless the provisional agreements were reestablished before 07:00 hours today, Gibraltar would opt, albeit reluctantly, for immediate reciprocity of treatment in access to Gibraltar." Apparently, at 11.30am on Friday, passport stamping had stopped and people were able to enter Gibraltar without any problems. According to police officials consulted by The Diplomat, there is speculation that the chief inspector of the border post could be the subject of a disciplinary procedure, as he was last August after expelling from Spain, in March, four British soldiers stationed on the Rock, who crossed the border several times as tourists, violating Schengen regulations. In any case, the exceptional situation that has been experienced since 2021 causes great concern among the agents working at the border post, also because there is another problem that they consider may affect them. This is the frequency with which flights from the United Kingdom to or from the Rock are diverted to Malaga airport, due to bad weather. The problem that arises is that there is no guarantee that any passenger who does not have the right to move freely within the Schengen area can be left behind on the journey between the colony and Malaga, and the police fear that responsibility could fall on them. In fact, last Tuesday, the police prevented passengers who were in Gibraltar from travelling to Malaga, where the plane they were waiting for had not been able to arrive. Meanwhile, on Friday it was learned that the European Union has postponed indefinitely the introduction of the system of entry and exit of travellers (EES, Entry Exit System) that was to be applied in Gibraltar from 10 November, because France, Germany and the Netherlands are not yet ready, as explained by the European Commissioner for Home Affairs, Ylva Johansson. The intention was to apply this system to enter and leave Gibraltar while there was no agreement for a Treaty with the EU on the future relationship of the Rock after Brexit becomes effective. The Minister of Foreign Affairs, José Manuel Albares, said a few days ago, after meeting with the mayors of Campo de Gibraltar, that he hoped that the United Kingdom would say yes, before that date, to the agreement with the EU that has been proposed to it.

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