WHY BREXIT SHOULD NOT AFFECT FRONTIER

  • Printer friendly view
 Monday, September 23, 2019 - 09:48

Brexit should not affect the frontier in a negative sense, unless there are those who might wish to ignore the democratic reality of the situation.

It must not be forgotten that when Gibraltar joined what was then the European Economic Community, which is now the EU, it was at our own request that we were excluded from a number of regulations, largely affecting the frontier. 

Gibraltar was excluded from the customs territory provisions, therefore the Common Customs Union. And VAT.

That is why VAT paid in Spain can be reimbursed and why goods are subject to the relevant import and export duties applicable.

Subsequently, we were also excluded from the Schengen area, hence Spain's border with Gibraltar became an external border subject to frontier controls.

Therefore, the question of no free movement of goods and persons is already in place. That is why duties are payable on goods and why we use ID cards to cross the frontier.

So, when Brexit takes force, the above mentioned considerations are already in place. In that respect, Brexit largely changes nothing.

The legal framework is there. And since January 1973, when we joined the then EEC with the UK, the Spanish border has been like a Brexit border.

That is to say, the day after Brexit should be largely the same as the day before.

A factor that could make life more difficult emerges from passport controls depending if there is a No Deal Brexit or if there is a withdrawal agreement which takes account of the foregoing.

Last week, the Gibraltar Government warned that in the event of a No Deal Brexit, the use of Gibraltar ID cards, for EU travel purposes, may no longer be allowed at the frontier. That's the kind of new impediment that could arise at the frontier.

However, the UK Government has informed the Gibraltar Govenment that, in a Deal or No Deal scenario, the situation will remain as at present until the end of 2020 for Gibraltar ID card holders, which means that Gibraltarians will continue to be able to enter the UK using their Gibraltar ID cards until then.

Thus, in respect of everything else as explained above, we are already as if in a Brexit situation - so largely Brexit will change nothing for us. That is if the Spaniards play ball as they should. We shall see.

However, it is known that Spanish police sources are intimating that all should remain the same as now in the Spanish border at Gibraltar after Brexit.

And I know that at a high level in Madrid, the view is that they do not want to complicate matters at the border. All we need now is for the present Spanish government to be replaced at the forthcoming Spanish elections on 10 November to change everything.

Let's keep our fingers crossed...

23-09-2019 PANORAMAdailyGIBRALTAR