Strained relations between Spain and Gibraltar
Gibraltar, British Overseas Territory
The government of the British enclave of Gibraltar accused Spain on Friday of “violating the sovereignty” of the United Kingdom after shots were fired Thursday by Spanish customs officers chasing smugglers. “The facts surrounding this incident reveal a flagrant violation of British sovereignty and, potentially, the most serious and dangerous incident in recent years,” said the head of the government of Gibraltar, Fabian Picardo, quoted in a statement signed by the governor of “Rocher” The incident in question happened at dawn on Thursday when two Spanish customs officers entered a Gibraltar beach while chasing smugglers, who threw stones to escape, prompting the officers to use their weapons, according to a source of the Spanish tax authority speaking under the condition of anonymity. “If it were confirmed that Spanish officials used their weapons in Gibraltar, such an action would constitute a very serious violation of the law,” the statement said. “The Governments of Gibraltar and the United Kingdom believe that the events of yesterday (Thursday) will require careful consideration as to the nature and level of a diplomatic response” from the United Kingdom. Spain ceded Gibraltar to the British crown in 1713 under the Treaty of Utrecht but has never ceased to claim sovereignty since, leading to constant border friction and strained diplomatic relations between Madrid and London.
EU-Gibraltar relations
Gibraltar is a British overseas territory located at the southern tip of Spain. Madrid and London reached a preliminary agreement on December 31, 2020, hours before the UK left the European Union, to keep the Gibraltar land border open. By keeping Gibraltar in the EU’s passport-free Schengen area, the goal was to avoid a hard border that would affect the almost 10,000 Spanish workers who cross daily from Spain and represent a vital pillar of the Rock’s economy. Once endorsed by the Council, the mandate will kick off negotiations between the EU and the UK to agree on a treaty to cover British overseas territory and exclude it from the EU-UK post-Brexit bill. “Any EU-UK agreement on Gibraltar has to be compatible with EC law, including the Protocol on Gibraltar of the Agreement on the Withdrawal of the United Kingdom, and should also be compatible with the Union’s interests,” she added in her written reply dated June 28. A proposal to leave in Spanish hands the control of British passports in Gibraltar could create more friction in the already tense relationship between Brussels and London, following a clash over the implementation of the Northern Ireland Protocol and the Brexit bill. Gibraltar’s chief minister, Fabian Picardo, said the mandate will be “the EU’s opening position.” “To an extent, what we will all have to keep in mind is that all that will endure is what the final treaty looks like and what it says, not when or what the mandate from the EU provides for,” he wrote in a statement published on July 1 July.Ahead of the Brexit talks, Spain secured veto rights over the implementation of any future EU-UK agreement in Gibraltar, whose sovereignty continues to be disputed between Madrid and London. The December agreement between Spain and the UK excluded the contentious issue of the sovereignty of the Rock. The new treaty is also expected to align Gibraltar with the EU’s customs area and its environmental and labor rules. In addition, Spain and the UK signed a treaty that will enable Madrid to remove the Rock from its list of “tax havens.”
By Berta Schroeder
