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Gibraltarians exempted from Spain’s new passport-control system—legal basis unclear

Apr 24, 2026
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Gibraltarians exempted from Spain’s new passport-control system—legal basis unclear
In a confidential e-mail circulated late on 22 April, Spain’s Comisaría General de Extranjería y Fronteras ordered all land, sea and air border posts to **exclude citizens of Gibraltar** from the EU Entry/Exit System. The instruction, revealed by **Europa Sur**, also mentions Andorran nationals, but lawyers note that Andorrans are already treated as de-facto Schengen residents. The e-mail cites no legal authority for the exemption, raising eyebrows in Brussels: both the Schengen Borders Code and the EES Regulation require third-country nationals—regardless of visa status—to register biometrics and receive automated entry stamps. Madrid’s move appears designed to avoid practical headaches at La Línea, where Gibraltar residents cross daily for work and could otherwise accumulate over-stay days in the EES database. The Interior Ministry argues that an EU-UK agreement to integrate Gibraltar into Schengen, due to take effect on 15 July, will soon formalise the waiver, but critics say the unilateral step sets a risky precedent.
Source: Europa Sur

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