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Policia Nacional Unilaterally Suspends Interim Measures at Frontier : Gibraltar Immediately Reciprocates - 661/2024

October 11, 2024

Yesterday at 11 o'clock at night, His Majesty’s Government of Gibraltar was notified by the CEO of the Borders & Coastguard Agency that Spain had ceased the current, interim arrangements in operation at Gibraltar frontier, which do not require the stamping of passports of those holding red ID card entering Spain.

 

This  action by Spain  occurred without any prior warning whatsoever.

 

After further investigation, it became apparent the decision to suspend the interim measures had not been made by or notified to the Spanish Ministers of the interior or the Exterior.

 

It appears that the instruction was given in writing by an officer of the Spanish Policia Nacional in La Linea, of the rank of Inspector, who was not authorised to give that instruction by his superior.

 

The Chief Minister of Gibraltar gave instructions that unless the interim arrangements were re-established by 7am today, Gibraltar would reluctantly move to immediate reciprocity of treatment for access to Gibraltar.

 

This would require any third country national, who was not a British citizen or resident of Gibraltar, to present a passport to enter Gibraltar and would have that passport stamped.

 

By 7:30am in the morning a huge queue had built up to enter Gibraltar as a result of the measures being implemented by Spain.

 

Unable to cope with the large queue that had built up, the Spanish Policia Nacional then reverted to the interim arrangements and stopped requiring Gibraltarians to have their passport stamped if they had red ID cards.

 

On that basis, HM Government of Gibraltar has stopped the requirement for those third county nationals entering Gibraltar to present a passport for stamping.

 

Later in the morning, it appears that the Spanish Police once again reverted to the practice of stamping the passports of those holding Gibraltar IDs, despite the fact that  they had been verbally instructed not to do so. It is now claimed they require the new instruction to be  delivered in writing as the earlier instruction from the relevant inspector had been in writing and had to be countermanded in writing.

 

On this basis, HM Government of Gibraltar has agreed to allow a number of hours to pass before it reverts to reciprocity once again in the event that the interim measures are not once again in place.

 

In fact, the interim arrangements have been re-established at the frontier from 11.30am without the need for further reciprocity being imposed by Gibraltar. We have, in fact, now been informed by the BCA and the RGP that Spain has now countermanded the earlier order and that the stamping of passports has ceased. Accordingly, Gibraltar will not re-impose the reciprocal measures.

 

The Spanish Foreign Minister has said the entry measures would come to an end on the 10th of November because that is the date on which the European entry-exit system will come into effect.  It appears however, that the European Entry and Exit System (EES) will not come into effect on the 10th of November. The position of HM Government of Gibraltar is that - in the absence of an agreement - it will impose reciprocal measures for access to Gibraltar on whatever date Spain lifts the interim measures currently agreed.

 

HM Government of Gibraltar therefore advises all those wishing to cross into Gibraltar to ensure that they always have their passports with them.

 

The Chief Minister of Gibraltar,  the Hon Fabian Picardo KC MP,  said: "Given the sporadic nature of the manner in which Spain has either through direct instructions, or at the whim of Spanish Police officers, decided that it can lift interim measures at any time, it is best for those who need to cross the frontier into Gibraltar to always have their passports with them in case we are forced to require them, as we were today. If the benefits currently afforded to Gibraltarians are undone, HM Government of Gibraltar  will immediately reciprocate and I know that every Spanish worker and every visitor will understand that we have to act on this reciprocal basis.  It is the last thing we want to do and as a socialist it depresses me greatly that, as usual, politics is being used to damage the interests of working people and not to assist them.

 

"I will continue betting on a UK/EU treaty, working towards it, putting sovereignty neutral proposals to resolve the last issues on the table and giving my all so that this process is a success.  The ball is in Spain's court to accept those reasonable, balanced and imaginative proposals that guarantee the safety and security of the Schengen Area and the integrity of the Single Market.  This is best achieved by the ongoing negotiations and Gibraltar will not be forced to submit by pressure tactics such as the measures implemented in the last 12 hours. Additionally, we have a chance to continue with the mutually beneficial interim arrangements we have in place now that the EES is delayed, and I hope we will do so, whilst not letting the deal slip any longer than it has to. I am on the side of ordinary Gibraltarians and working people from Gibraltar and cross frontier workers. I want this to work for all of us. I sincerely hope that incidents like this are the storm before the calm and that we can resolve matters at the negotiating table in a way that works for all of us and can be implemented with public support. "