Gibraltar regains post-Brexit freedom of movement – to the ire of the usual Eurosceptic suspects

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For pro-Europeans, the deal is long overdue for a community that voted overwhelmingly to remain.

One of the longest-running sagas of the Brexit aftermath has been the unresolved status of Gibraltar. The British Overseas Territory, perched on Spain’s southern tip, was left out of the 2020 EU-UK Trade and Cooperation Agreement, and has existed in legal limbo ever since.

Nearly a decade after the 2016 referendum, that uncertainty is finally easing. On February 17, the European Commission confirmed it had finalised the legal text of a new UK-EU agreement on Gibraltar. The deal will be provisionally applied once approved by EU ministers, pending formal consent from the European Parliament.

Published in draft on 26 February, it will be provisionally applied once approved by EU ministers, pending the European Parliament’s consent.

At its core is the restoration of practical freedom of movement across the Gibraltar – Spain border. Physical checks at La Línea are set to be removed for the roughly 15,000 people who cross daily for work and other purposes. Gibraltar will effectively join the EU single market for goods, scrapping checks and controls on goods moving between the territory and Spain.

Passengers arriving by air and sea will face dual controls, one by Gibraltarian authorities and another by Spanish officials acting on the EU’s behalf. A tailored customs model is also intended to eliminate most routine goods checks.

In 2016, 96 percent of Gibraltarians voted to remain in the EU, compared with 48.7 percent across the UK. Yet successive governments under Theresa May and Boris Johnson opted to leave the single market and end freedom of movement, prolonging uncertainty. Frequent changes of UK government further slowed talks between the UK, Spain and the EU.

The border fence is expected to come down from April 10, when provisional implementation begins, reportedly timed to coincide with the launch of the EU’s new Entry/Exit System.

Needless to say, the right-wing Eurosceptics didn’t waste any time in venting their fury.

“PM in fresh crisis over Gibraltar as ‘national asset’ to fall under EU control in ‘surrender’ deal,” splashed GB News. The article quoted former cabinet minister, long-standing Brexiteer, and now shadow foreign secretary, Priti Patel, accusing the government of “surrendering sovereignty” and alleging a “dodgy cover-up” over plans for Gibraltar’s airport to be jointly managed with Spain and headquartered in an EU country.

The Telegraph followed suit, leading with: “Spanish police to patrol Gibraltar… Brexit pledge broken as officers handed power to make arrests and monitor borders.”

But for pro-Europeans, the deal is long overdue for a community that voted overwhelmingly to remain. Others noted the irony that while Gibraltar regains elements of free movement and single market access, the rest of the UK remains outside.

As one observer put it: “Good. Now to be done for the whole of the UK.”

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