Spain, the United Kingdom and Gibraltar reach an agreement

The authorities of Spain, United Kingdom Y Gibraltar have agreed on a procedure so that the 15,000 residents of the European Union who work in Gibraltar, of which almost 10,000 are Spanish, can make their rights effective as of January 1, 2021, the Ministry of Foreign Affairs, EU and Cooperation. Foreign Affairs has clarified that, on the Spanish side, the Association of Municipalities of Campo de Gibraltar, the Junta de Andalucía and the General Administration of the State have participated in the meetings.

This procedure aims to put into practice the provisions on cross-border workers in the withdrawal agreement signed between the United Kingdom and the EU, the Brexi, and in the Protocol on Gibraltar agreed between Madrid and London. The withdrawal agreement ensured the maintenance of all labor rights that cross-border workers enjoyed prior to Brexit under EU law. European Union and the Gibraltar Protocol was intended to “strengthen this aspect”.

Since its entry into force, Foreign Ministry has detailed, “the three administrations have negotiated how to apply these rights to those who enter Gibraltar every day to work.” Specifically, the agreement affects cross-border workers from the EU, EEA (European Economic Area (EEA) -which includes Norway, Iceland and Liechtenstein- and Switzerland who work in Gibraltar and live in Spain.

According to the agreed system, as of December 1, border workers will be able to verify on a website of the Gibraltarian authorities if they are registered as such (frontierworkers.egov.gi.) And, as of January 1, 2021, they will be able to request If they wish, the Gibraltar authorities a letter certifying their employment status. The letter will only be sent to those who request it.

The Government of Crag, through an explanatory guide, has specified that as of January 1 all the departments and agencies of the Government of Gibraltar will have electronic access to the list and information related to each individual. If a worker does not appear as a frontier and considers that he has the right to do so, he may contact the Gibraltarian authorities stating his case. In any case, Foreign Affairs has explained that the Gibraltar authorities will expose the details of the procedure in a publication.

In this way, workers will be able to prove their identity at any time and when entering Gibraltar with their passport and Spanish ID or ID from another country of the European Union. From January 1, and as long as they maintain this status, border workers will receive the treatment to which they are already entitled under European Union legislation, despite Brexit.

As in the United Kingdom, during a grace period from January 1, 2021 to July 1, 2021, the Government of Gibraltar will not impose any new entry conditions for these citizens and will keep this position under constant review, especially given the current negotiations to establish a new border fluidity regime with the EU.

Furthermore, “the parties will continue to meet to analyze any issue that may arise in coordination with the European Commission as guardian of the Treaties of the European Union and its correct application. “After the agreement, the president of the Commonwealth of Municipalities of Campo de Gibraltar, Juan Lozano, has shown in a note his” satisfaction “and thanked the work carried out by the Government of Spain together to the rest of the delegations, in such a way that it has been possible to ensure that the group of Spanish cross-border workers, who day by day carry out their work in Gibraltar, benefit from this agreed procedure, thus dissipating the level of uncertainty that has existed until now.

Lozano recalled that the withdrawal agreement guaranteed the maintenance of all the labor rights that border workers enjoyed before Brexit, “the workers occupying one of the fundamental pillars in all the negotiations in which the regional institution has participated.” Finally, he reported that next Thursday, at 6:00 p.m., a new thematic session of the County Council of Mayors will take place, in which representatives of the Ministry of Foreign Affairs will also participate and in which detailed information will be offered of the agreements reached.

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