Skipping Schengen rules at Malaga Airport sparks concern

by Else BeekmanElse Beekman
Schengen rules between Gibraltar and Malaga airports

Complaints have been issued by the chief inspector of the National Police at the Gibraltar border, warning that Málaga Airport is becoming an irregular entry point to the Schengen Area for passengers heading to Gibraltar.

Flights to Gibraltar are frequently diverted to Málaga Airport, often due to adverse weather conditions that airlines claim are unpredictable. However, the chief inspector argues that these diversions bypass necessary border controls required for entry into the Schengen Area, creating potential security and legal issues. He also accuses British Airways and EasyJet of prioritising “unlimited economic interest” over proper procedures by systematically diverting flights to Spanish airports rather than cancelling them.

British Airways example

The chief inspector’s order for stricter border controls comes after British Airways diverted two scheduled flights from Heathrow (London) to Málaga Airport in less than 24 hours—between January 26 and 27. Both aircraft took off despite knowing that the severe storm would make it virtually impossible for them to land in Gibraltar or take off again with new passengers bound for London.

Compliance with Schengen border rules

In response, the officer has ordered strict adherence to the Schengen Border Code. Europa Sur obtained an “internal memo”, dated January 28 and addressed to all border police. Herein, the officer instructed that only passengers from diverted flights who can prove that missing their flight would cause them “serious harm” (such as missing medical tests or a family emergency) should be allowed entry into Spain.

What will happen now?

Authorities will tighten border controls and checks. Therefore, whenever someone enters the Schengen Area, they will undergo all the necessary checks and procedures as outlined by the Schengen Area rules. Airlines will face more scrutiny, as flight diversions will require greater justification. Flights will only be diverted when conditions are unpredictable and sufficiently dangerous.

The effect on passengers

More delays will occur as a result of the increase in checks. Guidelines will become stricter, and passengers may have to endure more controls at airports. If this does not improve the situation, more political discussions between Spain, Gibraltar, and the EU will take place.

Also read: Gradual rollout of Schengen entry/exit at Gibraltar border

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