With the November 10 deadline fast approaching, Gibraltar faces a critical decision: accept Spain’s “generous and balanced” agreement or face the return of strict border controls reminiscent of the early 1980s. If no deal is reached by this date, long queues, passport checks, and customs inspections will return to La Verja, the border separating Gibraltar from Spain.
Since the UK’s departure from the European Union with Brexit, Gibraltar’s status has been in limbo. Although negotiations have taken place between the UK and the EU, the real talks have involved Spain and Gibraltar. Spain holds the final say on many of the issues affecting Gibraltar’s relationship with the EU, particularly regarding customs and border arrangements.
The New Year’s Eve Agreements of 2020 provided temporary solutions, but now that transition period is coming to an end. If Gibraltar does not agree to Spain’s terms by November 10, the border controls will return, and citizens of Gibraltar will be treated as non-EU nationals. This means limited access to EU countries for only 90 days in a 180-day period and increased customs checks on goods passing through the Gibraltar port or airport.
What’s at stake?
The main sticking point for Gibraltar’s Chief Minister, Fabián Picardo, is the presence of Spanish customs officers in Gibraltar. While Spain insists that border control must follow Schengen protocols, meaning Spanish officers would be stationed at Gibraltar’s port and airport, Picardo argues that this infringes on Gibraltar’s sovereignty. Nevertheless, if Gibraltar wants to join the Schengen zone, it must accept that customs officials from a Schengen country, in this case Spain, will handle border checks.
A looming deadline
Despite two rounds of high-level talks this year, including meetings in May and September between EU, UK, Spanish, and Gibraltar representatives, no agreement has been reached. Spanish Foreign Minister José Manuel Albares has urged the UK and Gibraltar to accept the proposed terms, stressing that the new Schengen border system will go into effect on November 10, with or without a deal.
As the deadline looms, the decision is in Gibraltar’s hands. If no agreement is made, Gibraltar’s residents could face significant disruptions to travel and trade, while Spanish workers who cross the border daily will be protected under existing agreements.