The unexpected mule of Spain, the Brexit has ended with an agreement that marks a historical turning point in the attitude of the European Union concerning Gibraltar. For the first time, the community club acknowledge solemnly that never will sign an agreement with the Uk that includes the Rock in its territorial scope. The 27 members of the Union and the European Commission have taken on that commitment in writing. And in the same text they recognize that Spain will always have the last word in regard to the relationship of Europe to Gibraltar.
How have you set the agreement?
The agreement has been closed to 14.00 on Saturday during a telephone conversation between the president of the Government, Pedro Sánchez, and the president of the European Council, Donald Tusk. During the chat, according to community sources, have filed the latest edges and have even changed some terms of the text of the covenant. A few minutes later, Tusk called officially the european summit this Sunday, must endorse the Agreement of exit of the Uk from the EU and the Political Declaration on the future relationship between Brussels and London.
What was the problem?
Spain was feared that Brussels recognized the right of the United Kingdom to assimilate to Gibraltar in the negotiations about their future relationship with the EU. That danger, according to Spain, it was due to the article 3 of the Treaty on the output (which includes the Rock in the territorial area of the United Kingdom) and article 184 of the Treaty (which forces the two parties to make all necessary efforts to achieve a future agreement without questioning the institutional order respective). The combination of some of the articles could deprive Spain of the last word on the future agreements of the Union which affect Gibraltar.
Was it founded in fear?
There are division of opinions. The European Commission claimed that there was no danger, and that the approval of Spain would always be essential. But the Spanish Government played otherwise, and threatened to veto the agreement of the Brexit if you were not provided with any guarantees about the exclusion of Gibraltar in any future agreement with London.
Have you made Spain your goal?
All indicates that yes, and that, even, it has greatly exceeded. Kolaybet
What has been achieved?
The achievement that community sources qualify as historic and unprecedented is collected in a Declaration of the European Council and the European Commission “on the territorial scope of future agreements”.
What does such a Statement?
A before and after for the Rock. The text states flatly that “Gibraltar will not be included in the territorial scope of the agreements to be concluded between the european Union and the United Kingdom”. It is an absolute novelty, because it delimits the playing field in the terms claimed by Spain since decades ago and that he had not been able to get, because when the country joined the EU, the Uk was already inside, and imposed a special status for Gibraltar.
What does it mean for the future?
from now on, if the Union wants to sign an agreement with Gibraltar will have to be separate from the United Kingdom, even if the terms of the two texts were identical. And “those separate agreements will require the prior agreement of the Kingdom of Spain”, says the Statement of the 27 and the Commission.
What is the value of such a Statement?
it Is a strong political commitment and high level. And although it is not legally binding, it is a formula commonly used by the European Council when it wants to ring-fence the agreement of all the States on the interpretation of a sticking point. The legal weight would be unquestionable in case of disputes in the future.
And what became of the article 184?
Spain has also made an interpretative Declaration in which the Council and the Commission to ensure that this article does not prejudice the territorial scope of a future agreement with London and, therefore, is not incorporated in Gibraltar of such potential agreements.
What does it say London?
The british Government has published a paper sharing the european rendering of the article 184.
What is the importance of that article?
Has been the article which warned of the Spanish diplomacy and sparked a reaction in barrage, headed by the president of the Government, Pedro Sanchez. The veto threat issued by Spain was attributed, in principle, to mere interests electoralistas of the Government. But the machinery of negotiation set in place has broken to the Union a commitment that points to the end of the privileged status of Gibraltar in the European Union. Once consumed the Brexit, the authorities gibraltareñas will depend on both Madrid and London to maintain their vital links with the european market.
