FETEIA warns of a possible trade blockade in Gibraltar due to shortcomings in the agreement with the United Kingdom

In a scenario of maximum tension for cross-border trade, the FETEIA-OLTRA The Spanish Federation of Freight Forwarders has raised the alarm about the Ministerio de Asuntos Exteriores, Unión Europea y Cooperación, Ministerio de Hacienda and the Departamento de Aduanas e IIEEThe reason is the technical analysis of the agreement between the Unión Europea and the Reino Unido about Gibraltarwhose immediate application presents deficiencies that could paralyze logistical operations.

 

Operational risks and financial responsibility

 

After a thorough examination, the Federación It concludes that the current design of the agreement compromises its commercial viability. One of the most critical points lies in the specific transit regime, which requires the establishment of financial guarantees. According to the entity, obtaining these guarantees within such short timeframes is "not very viable" for economic operators, which results in undue pressure on customs representatives.

 

The sector complains that, in practice, these financial responsibilities are falling on customs professionals, who should not have to bear the fiscal risk that legally belongs to the exporter or importer. This is compounded by the imposition of new obligations, such as the sealing of goods, without a clear legal definition of responsibilities in the event of an incident.

 

The technological gap and the danger of sanctions

 

Another instability factor detected by FETEIA-OLTRA is lack of computer development adapted to the new framework. Without fully operational data exchange systems, the risk of administrative errors and automatic financial penalties increases exponentially from the first day the system comes into effect.

 

The organization emphasizes that customs representatives fulfill an essential technical function, but warns that "They are not the entities responsible for assuming the fiscal or financial risk"If these points are not corrected, the flow of goods between España and the Rock could suffer severe disruptions, affecting the competitiveness of the companies involved.

 

Key facts about the customs dispute in Gibraltar

 

Critical point	Identified Impact	Proposal for FETEIA-OLTRA
Financial Guarantees	Immediate acquisition by operators is not feasible.	Exemption from guarantees for these operations.
Legal framework	Transfer of tax risk to the customs representative.	Clarification of responsibilities according to the CAU.
IT Systems	Lack of current computer development.	Flexibility of operational requirements.
Logistics	Obligation to seal goods.	Clear definition of technical protocols.

 

Proposals to guarantee business continuity

 

Faced with this potential blockage, the Federación It has presented concrete solutions to the central government. Among the proposed measures are:

 

• Waiver of guarantees: Temporarily exempt the presentation of guarantees to avoid the collapse of operators' liquidity.
• Flexibility of the CAU: Applying certain requirements of the Código Aduanero de la Unión while the system stabilizes.
• Legal Seguridad: Ensure that the financial risk is borne exclusively by the economic operator who owns the goods.

 

La FETEIA-OLTRA, based in Barcelona, reaffirms its willingness to collaborate with the competent bodies in order to avoid dysfunctions that harm the business fabric and the fluidity of foreign trade in the area.

 

Key points and frequently asked questions about the customs dispute in Gibraltar

 

What is the main risk to trade in Gibraltar?

The main risk is an operational blockage due to the requirement for immediate financial guarantees and the lack of prepared computer systems, which would prevent the legal processing of goods.

Why are customs representatives complaining?

Because the current agreement tends to shift the fiscal and financial responsibility for operations to them, when their function should be strictly technical and not to assume the client's risks.

What solutions does the logistics sector propose?

It proposes waiving financial guarantees for these specific routes and greater flexibility in the application of the Código Aduanero de la Unión to avoid penalties for computer system failures.