Nov 30 - The Four Memoranda - What Do They Mean?
The Four Memoranda of Understanding (MoU) which are mentioned in the Gibraltar Protocol of the Withdrawal Agreement have been published today. The memoranda relate to citizens’ rights, tobacco, the environment and police and customs cooperation.
CONCORDAT
A Concordat setting out the constitutional relationship between the UK and Gibraltar has also been published alongside the MoUs.
The Chief Minister said the Concordat was “the most important of the documents published today” because it demonstrated that the implementation of the four memoranda is the responsibility of the government of Gibraltar.
The MoUs only come into play if and when the Withdrawal Agreement enters into effect and only remain in force until December 2020, the end of the transition period.
As these are international agreements, they hold between the UK and Spain and are signed by the UK’s Deputy Prime Minister David Lidington and Spanish Foreign Minister Josep Borrell. This is as a result of the UK being the state responsible for Gibraltar's external relations.
SOVEREIGNTY
The Gibraltar Government has stressed that these agreements have no effect on the Rock’s sovereignty. In fact, each memorandum is prefaced by interpretation notes that include the following:
“The Memoranda, or any activity or measure taken in application or as a result of them, does not imply any modification of the respective legal positions of the UK or Spain on sovereignty or jurisdiction. This is expressly spelt out in each of the Memoranda. The Memoranda make no concessions on sovereignty, jurisdiction or control.”
AIRPORT
One historically sensitive area of discussion not covered by the MoUs is Gibraltar’s airport. The Chief Minister Fabian Picardo said that his team detected that Spain wished to “cross our red lines” on sovereignty, jurisdiction and control. The status quo will therefore be maintained until the end of the transition period.
THE MEMORANDA
Here’s a quick summary of the key points contained in the MoUs:
- Citizens’ Rights
This MoU provides for the setting up of a Joint Coordinating Committee to ensure that the provisions contained in article 1 of the Protocol on Gibraltar, concerning citizens' and workers’ rights, are correctly applied.
The Committee will include seven Spanish representatives (from state, regional and local levels), one UK representative and six representatives appointed by the competent Gibraltarian authorities. This committee would also receive complaints from citizens who feel that those continued EU employment and residency rights contained within the Withdrawal Agreement are not being respected.
Mr Picardo highlighted that this MoU recognises the competence of the relevant Gibraltar authorities “for the first time in our history” under the signature of a Spanish Foreign Minister.
-Tobacco
This MoU commits Gibraltar to set a price differential of 32% compared to average retail prices on the Spanish mainland. This will be achieved via Gazette announcements of quarterly increases to the minimum retail price, not via increases in import duty or taxes.
The Government says it does not expect there to be any drop in revenue from tobacco sales even though overall consumption will probably fall.
Mr Picardo stressed that this was a “unilateral commitment” adding that Gibraltar had already seen a 148% rise in the price of tobacco since he came into power in 2011.
- Environment
This MoU provides for the creation of a Technical and Coordination Committee (“the TCC”) with the sole interest of the “protection and the improvement of the environment.”
Significantly, the TCC will provide a forum for the exchange of information on air quality, the environmental impact of proposed projects (especially reclamation) in both Gibraltar and the surrounding area, in particular the territory of the municipalities that make up the Mancomunidad de Municipios del Campo de Gibraltar.
The TCC will also provide a forum for enhanced cooperation between the competent authorities in respect of water quality and the protection of the marine habitat. This forum will also be used for the discussion of fishing matters.
The TCC, said the Chief Minister, is a cooperation commission, not a decision-making one.
The MoU also provides for scientific research vessels of EU or UK flag to operate in Gibraltar waters and waters of the surrounding area. These vessels will need to inform the TCC of their route, duration, objectives and any other matter the Committee will consider relevant “with reasonable notice” before the beginning of the activities. In recent years, Spanish research vessels have attempted to operate within BGTW without permission and have been challenged by the Royal Navy.
- Police and Customs Matters
This MoU foresees the intensification of “cooperation on law enforcement and customs matters” and the creation of a Joint Coordination Committee made up of members of Spanish and Gibraltar law enforcement agencies “in order to ensure the greatest effectiveness in police and customs cooperation including exploring options for strengthening that cooperation in future.”
There is also a specific reference to cooperation between agencies to deal with illegal fishing.
The Chief Minister said that although good cooperation already existed on the ground, sometimes “politics” interfered and this MoU aimed to remove this element in the future by creating an official framework. He added that the MoU was an “explicit” recognition of the Rock’s jurisdiction and legislative capacity.
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