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Government of Gibraltar Logo Government of Gibraltar Logo

Government is not surprised at latest EU guidelines - 63/2020

February 03, 2020

The Government is not surprised that the negotiating guidelines of the European Council once again single out Gibraltar for special mention. This is in line with a similar approach that the EU took in previous documents in 2017 and 2018.

It should not come as a shock anyone that the EU should adopt the position of Ireland on Northern Ireland, the position of Cyprus on the UK Sovereign Bases and the position of Spain on Gibraltar.

However, the hostile attitude to a small country of 30,000 people by a huge supra-national organisation will nonetheless be seen as tantamount to bullying and discrimination.

It should be obvious by now that neither the Government nor the people of Gibraltar will be intimidated.

Moreover, this approach constitutes the very opposite of what the EU preaches.

Article 2 of the Treaty EU says that the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. It adds that these values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.

Indeed, the approach to Gibraltar runs counter to the obligation in Article 8 of the same Treaty to develop a special relationship with neighbouring countries, aiming to establish an area of prosperity and good neighbourliness, founded on the values of the Union and characterised by close and peaceful relations based on cooperation.

It is important to recall that the latest guidelines represent the view of the negotiating entity across the table. It is not the view of the United Kingdom.

Indeed, the Government welcome the fact that the Prime Minister Boris Johnson has today once again made it clear that the UK will be negotiating on behalf of the entire UK family and that this includes Gibraltar.

In any case, it is not clear at this stage whether a UK-EU agreement will materialise from the negotiations or indeed what shape or form this will take and consequently whether such an agreement would be relevant to Gibraltar or not.

The Chief Minister Fabian Picardo said:

"There is nothing surprising in the EU guideline issued today.  Frankly, however, to see further insistence on exclusion of Gibraltar says very little for the EU.  We will remain positive and forward looking.  We believe that a deal that guarantees border fluidity is the key to guaranteeing even greater shared prosperity for Gibraltar and for the whole region around us.  But that fluidity must be guaranteed on a non-discriminatory basis and not just favour frontier workers over Gibraltar residents, because we will not agree to that.  This is a time for maturity and generosity.  We will be up to the task and challenge ahead of us.  I hope larger entities than us will too."

Ends

NOTE TO EDITORS

  1. Barnier Question & Answer

Michel Barnier did not mention Gibraltar in his opening statement but responded as follows to a question from a Spanish journalist.

Please note that he responded in French so this a transcript of the live interpretation.

Spanish Journalist:

“Secondly, for confirmation on Gibraltar, is it the situation right now as Spain suggested that Gibraltar will not form part of the agreement and do you expect any problem in that regard?”

Barnier:

“On Gibraltar, I was able to mention this issue when I visited Prime Minister Sanchez last Thursday in Madrid. Let me remind you that in light of what was first set out in the Guidelines, and in particular in November 2018, that the territorial application of any agreement that is negotiated as part of this mandate will not include the territory of Gibraltar. Now that means that does not rule out having bilateral discussions alongside between the Kingdom of Spain and the United Kingdom on Gibraltar. That does not rule out any discussion we might have on certain issues which fall under Community competence between the UK and us on Gibraltar. But, if that is the case, there will be a separate parallel table and the Kingdom of Spain will have to be involved in these discussions and give its agreement to all the elements on this specific agreement on Gibraltar”.

There was a further question right at the end:

Spanish Journalist:  

On the issue of Gibraltar, I have a major question. Up to now this was a bilateral, Spain, the UK dealt with Gibraltar. Now you’ve just introduced a new element. So, apparently there are new aspects which fall under Community competence and are not merely bilateral, is that what you said?

Barnier:

In the common interest of discussions between the United Kingdom and the European Union on matters affecting Gibraltar, that is set out in writing, we will have a specific parallel table between the UK and the European Union but the Kingdom of Spain will have to give prior agreement to each chapter. But that’s not new.

  1. Prime Minister Johnson, Question & Answer

Question from Macer Hall, Daily Express: The EU has indicated it wants to listen to Spain and ensure that Gibraltar is not included in a trade deal. Can you defend against this?

Prime Minister Boris Johnson: I can definitely confirm to you and to the people of Gibraltar that the UK will be negotiating on behalf of the entire UK family. That includes Gibraltar and the sovereignty of Gibraltar remains as everybody knows indivisible.

  1. Articles 2 and 8 TEU

Article 2 TEU

The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.

Article 8 TEU

  1. The Union shall develop a special relationship with neighbouring countries, aiming to establish an area of prosperity and good neighbourliness, founded on the values of the Union and characterised by close and peaceful relations based on cooperation.
  2. For the purposes of paragraph 1, the Union may conclude specific agreements with the countries concerned. These agreements may contain reciprocal rights and obligations as well as the possibility of undertaking activities jointly. Their implementation shall be the subject of periodic consultation.

The Government is not surprised that the negotiating guidelines of the European Council once again single out Gibraltar for special mention. This is in line with a similar approach that the EU took in previous documents in 2017 and 2018.

It should not come as a shock anyone that the EU should adopt the position of Ireland on Northern Ireland, the position of Cyprus on the UK Sovereign Bases and the position of Spain on Gibraltar.

However, the hostile attitude to a small country of 30,000 people by a huge supra-national organisation will nonetheless be seen as tantamount to bullying and discrimination.

It should be obvious by now that neither the Government nor the people of Gibraltar will be intimidated.

Moreover, this approach constitutes the very opposite of what the EU preaches.

Article 2 of the Treaty EU says that the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. It adds that these values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.

Indeed, the approach to Gibraltar runs counter to the obligation in Article 8 of the same Treaty to develop a special relationship with neighbouring countries, aiming to establish an area of prosperity and good neighbourliness, founded on the values of the Union and characterised by close and peaceful relations based on cooperation.

It is important to recall that the latest guidelines represent the view of the negotiating entity across the table. It is not the view of the United Kingdom.

Indeed, the Government welcome the fact that the Prime Minister Boris Johnson has today once again made it clear that the UK will be negotiating on behalf of the entire UK family and that this includes Gibraltar.

In any case, it is not clear at this stage whether a UK-EU agreement will materialise from the negotiations or indeed what shape or form this will take and consequently whether such an agreement would be relevant to Gibraltar or not.

The Chief Minister Fabian Picardo said:

"There is nothing surprising in the EU guideline issued today.  Frankly, however, to see further insistence on exclusion of Gibraltar says very little for the EU.  We will remain positive and forward looking.  We believe that a deal that guarantees border fluidity is the key to guaranteeing even greater shared prosperity for Gibraltar and for the whole region around us.  But that fluidity must be guaranteed on a non-discriminatory basis and not just favour frontier workers over Gibraltar residents, because we will not agree to that.  This is a time for maturity and generosity.  We will be up to the task and challenge ahead of us.  I hope larger entities than us will too."

Ends

NOTE TO EDITORS

  1. Barnier Question & Answer

Michel Barnier did not mention Gibraltar in his opening statement but responded as follows to a question from a Spanish journalist.

Please note that he responded in French so this a transcript of the live interpretation.

Spanish Journalist:

“Secondly, for confirmation on Gibraltar, is it the situation right now as Spain suggested that Gibraltar will not form part of the agreement and do you expect any problem in that regard?”

Barnier:

“On Gibraltar, I was able to mention this issue when I visited Prime Minister Sanchez last Thursday in Madrid. Let me remind you that in light of what was first set out in the Guidelines, and in particular in November 2018, that the territorial application of any agreement that is negotiated as part of this mandate will not include the territory of Gibraltar. Now that means that does not rule out having bilateral discussions alongside between the Kingdom of Spain and the United Kingdom on Gibraltar. That does not rule out any discussion we might have on certain issues which fall under Community competence between the UK and us on Gibraltar. But, if that is the case, there will be a separate parallel table and the Kingdom of Spain will have to be involved in these discussions and give its agreement to all the elements on this specific agreement on Gibraltar”.

There was a further question right at the end:

Spanish Journalist:  

On the issue of Gibraltar, I have a major question. Up to now this was a bilateral, Spain, the UK dealt with Gibraltar. Now you’ve just introduced a new element. So, apparently there are new aspects which fall under Community competence and are not merely bilateral, is that what you said?

Barnier:

In the common interest of discussions between the United Kingdom and the European Union on matters affecting Gibraltar, that is set out in writing, we will have a specific parallel table between the UK and the European Union but the Kingdom of Spain will have to give prior agreement to each chapter. But that’s not new.

  1. Prime Minister Johnson, Question & Answer

Question from Macer Hall, Daily Express: The EU has indicated it wants to listen to Spain and ensure that Gibraltar is not included in a trade deal. Can you defend against this?

Prime Minister Boris Johnson: I can definitely confirm to you and to the people of Gibraltar that the UK will be negotiating on behalf of the entire UK family. That includes Gibraltar and the sovereignty of Gibraltar remains as everybody knows indivisible.

  1. Articles 2 and 8 TEU

Article 2 TEU

The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.

Article 8 TEU

  1. The Union shall develop a special relationship with neighbouring countries, aiming to establish an area of prosperity and good neighbourliness, founded on the values of the Union and characterised by close and peaceful relations based on cooperation.
  2. For the purposes of paragraph 1, the Union may conclude specific agreements with the countries concerned. These agreements may contain reciprocal rights and obligations as well as the possibility of undertaking activities jointly. Their implementation shall be the subject of periodic consultation.