Gibraltar & The Treaty — The Reading Room

Five things the texts say

Five statements about the treaty on Gibraltar, each with the provision it rests on and a link to where the question is set out in full.

Where the texts come from

The English texts come from the official English versions published by the European Union (EU) on EUR-Lex, the United Kingdom (UK) on GOV.UK and UK Parliament, and Gibraltar (the Acts and legal notices that change Gibraltar's law for the treaty, from Gibraltar Laws and the Gibraltar Gazette, and Gibraltar Parliament records: Hansard, Bills and Command Papers), plus HM Government of Gibraltar and European Commission press releases where a statement is quoted. Where a text exists only in Spanish (BOE), we quote it in Spanish and say so, and any translation beside it is ours.

  1. Officers and borders.

    People may cross between Gibraltar and the Schengen area without border checks (sea borders aside). Either side may bring checks back for a serious threat (last resort, six months at most). A side may also suspend some of its obligations under , after consultations, for serious non-respect of commitments or a serious and persistent security threat; checks then return from the eighth day after notice, or a later date it gives. Spanish officers at airport booths may, as a general rule, wear uniform. Spanish officers on surveillance or pursuit in Gibraltar may carry service weapons, unless the side asked (our reading: the side into whose territory the surveillance continues) decides otherwise on surveillance. Using them is banned except in legitimate self-defence. Spanish customs officers on joint visits or at the port wear civilian clothes, unarmed. Questions 1.1 to 1.3
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    Officers and borders. People may cross between Gibraltar and the Schengen area without border checks (sea borders aside). Either side may bring checks back for a serious threat (last resort, six months at most). A side may also suspend some of its obligations under Article , after consultations, for serious non-respect of commitments or a serious and persistent security threat; checks then return from the eighth day after notice, or a later date it gives. Spanish officers at airport booths may, as a general rule, wear uniform. Spanish officers on surveillance or pursuit in Gibraltar may carry service weapons, unless the side asked (our reading: the side into whose territory the surveillance continues) decides otherwise on surveillance. Using them is banned except in legitimate self-defence. Spanish customs officers on joint visits or at the port wear civilian clothes, unarmed. Questions 1.1 to 1.3

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    The Parties must ensure that persons “may circulate between Gibraltar and the Member States applying the Schengen acquis in full without border checks being carried out, without prejudice to the provisions on sea borders in Annex VI of the Schengen Borders Code” (Article 30(1)). Where there is a serious threat to public policy, public health or internal security, the applying the in full or the , “may exceptionally reinstate border control” for up to 10 days, which may be prolonged by 20 days and then by periods of one month, up to six months in all; this may be done only as a last resort and not beyond what is strictly necessary (Article ). As a general rule, Spanish officers in the airport immigration booths may be in uniform (Arrangement , paragraph 2.1.4(a)). Spanish officers carrying out continued surveillance in Gibraltar under Article may carry service weapons during the surveillance, “save where specifically otherwise decided by the requested Participant” (Arrangement , paragraph 3.4(c); the arrangement does not define that term). Spanish officers in a pursuit under Article may carry service weapons (paragraph 6.4(d)). In both cases their use is prohibited “save in cases of legitimate self-defence”. Spanish customs officers on a joint visit (Arrangement , joint visits, paragraph 11.8) and at the port (Arrangement , travellers, paragraph 6.4) are in civilian clothes, suitably identified, and carry no service weapons; at the port, the authorities of the UK, for Gibraltar, escort them (travellers, paragraph 6.4).

    Our reading of “requested Participant”: the side into whose territory the surveillance continues.

  2. Residents.

    Residents of Gibraltar must not be stopped from entering it, even if other entry conditions are not met. Spain may bar a resident from leaving for the Schengen area, but only if it considers the resident a sufficiently serious threat to public policy, internal security, public health or its international relations. If Spain makes that decision, it must notify the UK's authorities for Gibraltar, giving the reasons and an appeal route to a Spanish court. An appeal need not pause the decision. Spain may object to a residence permit within 28 days of notice, extendable by up to 14, where it considers the applicant a threat to public policy, internal security, public health or the international relations of an EU country. That objection rule applies only until the Visa Information System starts operating; after that, another rule of the treaty applies. The bar and the objection leave out some people, whom the treaty lists. Questions 1.5, 1.6 and 1.9
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    Residents. Residents of Gibraltar must not be stopped from entering it, even if other entry conditions are not met. Spain may bar a resident from leaving for the Schengen area, but only if it considers the resident a sufficiently serious threat to public policy, internal security, public health or its international relations. If Spain makes that decision, it must notify the UK's authorities for Gibraltar, giving the reasons and an appeal route to a Spanish court. An appeal need not pause the decision. Spain may object to a residence permit within 28 days of notice, extendable by up to 14, where it considers the applicant a threat to public policy, internal security, public health or the international relations of an EU country. That objection rule applies only until the Visa Information System starts operating (Article ); after that Article applies. The bar and the objection leave out some people (Articles and ). Questions 1.5, 1.6 and 1.9

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    A person resident in Gibraltar (Article ) who does not meet the other Schengen entry conditions “shall in any event not be prevented from crossing” the border crossing points to enter Gibraltar (Article ). If Spain considers that a resident “constitutes a sufficiently serious threat to public policy or internal security, public health or its international relations”, it may decide that the person is prohibited from leaving Gibraltar to travel into the EU countries that apply the Schengen rules in full. It notifies the authorities of the UK, for Gibraltar, giving the reasons and the means of appeal “before a national court of the Kingdom of Spain”; an appeal need not have suspensive effect (Article ). Article does not apply to the persons listed in Article . Before the UK, for Gibraltar, issues or renews a residence permit, it notifies Spain. Within 28 days Spain may object, where the applicant is considered a threat to public policy, internal security, public health or the international relations of an EU country, and it may extend the 28 days by up to 14 days (Article to (4)). These steps do not apply to the persons listed in Article , and Article applies only until the Visa Information System starts operating (Article ), after which Article applies.

  3. Information.

    Information from Gibraltar goes to Spain and the by separate routes. The UK, for Gibraltar, notifies Spain before it issues or renews a residence permit and, at least every three months, gives it a risk assessment on residents. Under the 2019 tax agreement it sends yearly tax information on people working in Gibraltar and living in Spain within 80 km. Competent authorities in the EU have real-time access to IT systems Gibraltar uses for the treaty's customs section. Gibraltar's authorities get no access to EU information systems under the treaty. They may use the EU's transit system via Spain's. Question 1.15
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    Information about people and businesses in Gibraltar reaches Spain or the EU by separate routes, each under its own rule. Examples: notice of residence permits (Article ); a risk assessment on residents at least every three months (Article ); each year, tax information on people who work in Gibraltar and live in Spain within a radius of 80 km of Gibraltar (2019 tax agreement, Article and (15)(b)(i)); and access for the within the EU to “any relevant IT systems” that Gibraltar's competent authorities use for the application of the customs Title (Article ). Some information also comes back to Gibraltar (2019 tax agreement, Article ). Under Article , “Under this Agreement, the competent authorities of the United Kingdom, in respect of Gibraltar, shall have no access to information systems and databases established on the basis of Union law”; Article gives them access to the EU's transit system through Spain's IT system, for the purposes of applying Articles 242, 245, 247 and 248.

  4. How the treaty can end

    There are three ways.

    • 1. Automatically, if Gibraltar falls behind on new EU law. For each later EU law the treaty covers, the UK, for Gibraltar, has 30 days to say whether it accepts it. It must then report, within six weeks of the law starting, that the law is in Gibraltar's law. If it refuses or misses either deadline, the treaty is treated as ended. The , where the EU and the UK decide only together, then has 90 days to keep it going. If it does not, the treaty ends three months later; if the UK let the 30 days pass without notifying, that is about seven months from the EU's notice.
    • 2. By choice. Either side can end the treaty by written notice. It ends on the first day of the twelfth month after the notice.
    • 3. After the review of free movement. Once the review of the rules on the movement of people is complete, the EU (including at Spain's request) or the UK can end the treaty, on the same notice.

    Other breaches do not end the treaty by themselves. Most go through the steps for settling disputes. There is one exception. If one side considers that the other has seriously and substantially failed to meet an essential element of the treaty, it may end the treaty or any agreement added to it, or suspend all or part of either. Before that, it must ask the Cooperation Council to meet at once to look for a timely solution that both sides can agree to. It may act only if none is found within 30 days of the request. The failure's gravity and nature would have to be exceptional: it would have to threaten peace and security or have international repercussions. The treaty does not affect the legal positions of the UK and Spain on sovereignty and jurisdiction.

    Articles , , , , and · Questions 1.37 to 1.40

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    For the EU acts that Article covers, the treaty “shall be considered terminated” if the UK, for Gibraltar, notifies that it does not accept a subsequent EU act, does not notify within the 30 days of Article , or does not inform the EU within six weeks of the act's entry into force that it has implemented it, unless the Cooperation Council “decides otherwise within 90 days”; termination takes effect three months after the end of the 90 days (Article ). The Cooperation Council “shall adopt decisions and make recommendations by mutual consent” (Article ). Either Party may end the treaty by written notice, effective on the first day of the twelfth month after the notice (Article ). After the evaluation referred to in Article , the EU, “including at the request of the Kingdom of Spain”, and the UK “may terminate this Agreement by written notification through diplomatic channels”, and the treaty ceases to be in force on the first day of the twelfth month following the date of notification (Article ). If one side considers that the other has seriously and substantially failed to meet the essential elements (Articles 8(1), 9(1) and 10(1)), it “may decide to terminate or suspend the operation of this Agreement or any supplementing agreement in whole or in part”; before doing so it “shall request that the Cooperation Council meet immediately with a view to seeking a timely and mutually agreeable solution”, and if none is found “within 30 days from the date of the request to the Cooperation Council” it “may take the measures” (Article and (3)). The first sentence of Article reads: “The Parties consider that, for a situation to constitute a serious and substantial failure to fulfil any of the obligations described as essential elements in paragraph 1, its gravity and nature would have to be of an exceptional sort that threatens peace and security or that has international repercussions.” The treaty does not prejudice the legal positions of the UK and Spain on sovereignty and jurisdiction (Article ).

  5. The notification on surrendering a side's own nationals.

    The UK, for Gibraltar, has made no notification on this point. Surrender on an arrest warrant may not be refused because the person is a national of the side asked to surrender (for Gibraltar, a UK national). But the UK, or the EU for an EU country, may notify that it will not surrender its own nationals, or only on conditions, for reasons rooted in the basic principles or practice of its legal system. The other side may then reply with a notification of its own. A notification can next be made in the three months before the fourth anniversary of entry into force, if the conditions are met. For this, the treaty counts entry into force from the date it began to be applied provisionally; the texts behind the button give that date. Question 1.7
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    The UK, for Gibraltar, made no notification under Article (, in operation from 23 July 2026: “makes no notification in relation to this provision”). Surrender on an arrest warrant may not be refused on the ground that the requested person is a national of the UK (Article ). A notification may next be made “during the three months prior to the fourth anniversary of the entry into force of this Agreement”, provided the conditions in Article are met at that time (Article ). Article reads “entry into force” as the date from which the treaty is provisionally applied; that date is 15 July 2026 (European Commission press release IP/26/1609), so the window is the three months before 15 July 2030.

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