Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on How Schengen Border Checks and Border Surveillance Will Be Conducted

An administrative arrangement between the United Kingdom (UK), for Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted; it calls the two together the Participants (each one a Participant). It notes that, in it, "Agreement" means the treaty between the European Union (EU) and the UK on Gibraltar, as published in the Official Journal of the EU with the date 14 July 2026, marked as not yet published. It notes that the arrangement sets out the practical arrangements referred to in an article of the treaty, and that it is made under, and is subject to, the principles set out in the "EU-UK Agreement" and, in particular, in one article of it. It recalls that Spain, as the neighbouring EU Schengen country, will be responsible under EU law for carrying out Schengen border entry and exit checks at the port and airport, and that Spain is also responsible, under the Schengen Borders Code, for preventing unauthorised border crossings at the Schengen border. It notes the Participants' common interests in preventing unauthorised border crossings and recognises that cooperation can contribute to preventing unauthorised crossings. It notes that neither the arrangement nor any activity or measure taken in applying it or as a result of it implies any change to the respective legal positions of Spain and of the UK on sovereignty and jurisdiction in relation to Gibraltar. It also notes that this arrangement, any arrangements related to it, and any measures, instruments or conduct taken in applying it, as a result of it or under it, do not affect, and will not in any other way affect, the respective legal positions of Spain or of the UK on sovereignty and jurisdiction, and will not be the basis for claiming or denying sovereignty, including in legal proceedings or otherwise. The Participants have decided as follows.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that the arrangements for operational cooperation between the relevant law enforcement agencies, for applying what this arrangement sets out, will be set out in an operational understanding agreed between the law enforcement agencies concerned. It says that these arrangements will be in line with each side's relevant domestic legislation.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that, as a general rule, Schengen entry and exit first-line checks will take place, following the design in an annex to this arrangement, either at the Schengen immigration booths or at Schengen e-gates.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that the Second Line Checks Area will be a shared working space, designed and built following the design in an annex to this arrangement.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that Schengen entry and exit first-line checks will be carried out at the airport in two different ways. Schengen border checks on persons covered by a rule of the treaty who are over the age of eligibility to use e-gates, and on third-country nationals registered in the EU Entry/Exit System, will be conducted at e-gates. Schengen border checks on all other passengers, who are not eligible for automated border control or are unable to undergo it, will take place at staffed Schengen immigration booths.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that, as a general rule, Spanish officials present at the airport outside the Second Line Checks Area will be present in two ways. Within the Schengen immigration booths, officers may be in uniform. Outside the booths, a Spanish officer may be present to supervise the e-gates and to escort passengers, where necessary, from the first-line Schengen check (either e-gates or staffed immigration booths) to the Second Line Checks Area; officials of the UK, for Gibraltar, may accompany them. Any Spanish official outside the Second Line Checks Area or the Schengen immigration booths will be in civilian clothes but suitably identified.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that the Participants will consult on the design of the Schengen immigration booths.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that second line checks, and certain other decisions related to applying the Schengen legislation on border checks, will take place in the Second Line Checks Area.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that, where the conditions in an article of the treaty are met, all passengers and crew members arriving at the port who are required to undergo Schengen entry checks will be transported to the airport by the UK, for Gibraltar, and Spain to undergo these checks. All passengers and crew members departing from the port who are required to undergo Schengen exit checks will present themselves at the airport and, once they have completed the check, will be transported to the port by the UK, for Gibraltar, and Spain. All passengers and crew members will be transported in vehicles provided and driven by the authorities of the UK, for Gibraltar; for this, Spanish officials will be in civilian clothes but suitably identified. The UK, for Gibraltar, will ensure that no cruise liners call into Gibraltar directly from third countries other than the UK.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that the conditions in an article of the treaty will be considered to have been met, in the case of ferries, where no direct ferry connections exist between Gibraltar and a port outside the Schengen Area, and, in the case of cruise ships, where no cruise ships start or end their itineraries at Gibraltar.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that, where the conditions in an article of the treaty are not met and Spanish officials need to be present in the port to carry out first-line Schengen border checks, they will notify the UK, for Gibraltar, in advance, if possible in writing. As a general rule, when Spanish officials are in the port, they will be in the immigration booth. The authorities of the UK, for Gibraltar, will accompany the Spanish officials to and from the port and while they are at the port.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that the competent authorities of Spain will exempt from visa requirements under EU law civilian sea crew members who hold a seafarer's identity document issued in line with either of two International Labour Organisation conventions, of 13 May 1958 and of 19 June 2003, or with an International Maritime Organization convention of 9 April 1965, when they land to board a ship or go ashore to transit to another country.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that, if justified, in exceptional cases and on confirmation by the competent Spanish immigration authorities, first-line Schengen border checks, other than control of passengers arriving at the airport and port, may take place in the Second Line Checks Area.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that, if justified on the basis of an assessment made by Spain of the risk related to internal security or illegal migration, Schengen border checks may be carried out at the border crossing points outside the Schengen immigration booths. Spanish authorities will inform the authorities of the UK, for Gibraltar, in advance. The authorities of the UK, for Gibraltar, may accompany Spanish officials outside the Schengen immigration booths.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that, in all cases where a person is arrested or detained under an article of the treaty, the person must be given appropriate procedural safeguards in line with that article. These will include, but are not limited to, the right to: adequate information on the person's situation and the intended follow-up action; interpretation and translation; be assisted by a lawyer; conditions reasonably suited to the person's needs, such as access to food, water and sanitation and medical assistance; and adequate time for the person to make a decision.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that, where arrest is required in line with a rule of the treaty, the following procedures will apply. During border entry checks: where there is an alert on the Gibraltar databases or information systems only for arrest, and the person has objected to arrest or detention and so chosen to be refused entry, they will be refused entry and will either be returned to their point of origin or exit to Spain, as the individual chooses; where there is an alert on the Spanish databases or information systems for arrest, and the person has objected to arrest or detention and so chosen to be refused entry, they will be refused entry and will be returned to their point of origin or exit to Spain, as the individual chooses. During border exit checks: where there is an alert on the Gibraltar databases only for arrest, and the person has objected to arrest or detention and so chosen to be required to exit, that person will exit either to Spain or to their intended destination, as the individual chooses; where there is an alert on the Spanish databases for arrest, and the person has objected to arrest or detention and so chosen to be required to exit, they will exit to Spain or to their intended destination, as the individual chooses.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that if, after the safeguards set out in an earlier paragraph of this arrangement have been provided, the individual raises a human rights concern about their arrest, detention or removal from the Second Line Checks Area, or where there is a conflicting international obligation concerning extradition, the authorities of the UK, for Gibraltar, will ask for the removal to be put on hold until the relevant judicial authorities have resolved the matter. This will be done through a fast-track process.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that, while it remains practicable, the individual will stay in the Second Line Checks Area for the whole of this process. If that is not possible, either because of the length of time the process will take or because of the individual's specific needs, they will be transferred to the custody of the authorities of the UK, for Gibraltar. The authorities of the UK, for Gibraltar, will give the Spanish authorities frequent updates on the progress of the case, and both sides will cooperate to make sure that the case is resolved as quickly as possible.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that, if there is a conflict between an alert in the databases and information systems operated by the competent authorities of Spain and an extradition alert in the databases operated by the competent authorities of the UK, for Gibraltar, the decision on which alert takes precedence will be taken by the competent authority of the executing actor, with due consideration of all the circumstances, especially the relative seriousness of the offences and the place of the offences, the respective dates of the requests and whether they were issued for prosecution or for the execution of a custodial sentence or detention order, and of the Participants' legal obligations deriving from international or EU law.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that matters relating to a person's arrest or detention in line with an article of the treaty may be challenged in the domestic courts of the UK, for Gibraltar, or of Spain, as applicable, in line with domestic, EU and international law.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that, in all cases, and in particular where the person is refused entry or required to exit, the Participants will cooperate in line with the relevant provisions of the treaty, including its chapter on surrender and another article of the treaty, and, where applicable, the UK-EU agreement on trade and cooperation, where necessary to prevent, detect, investigate or prosecute criminal offences and terrorism.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that, where a person is refused entry under certain articles of the treaty, that person will be held in a secure facility in the Second Line Checks Area pending their onward transport in line with the obligations of carriers referred to in another article of the treaty. Subject to those provisions, the person will be escorted to the carrier under the following procedure: the escort will be conducted jointly by officers from the UK, for Gibraltar, and Spain; the escort will take place through a secure corridor set up for this purpose; and the escort will take place in line with such operational cooperation as may be set up between the relevant law enforcement agencies referred to in an earlier paragraph of this arrangement.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that the Participants will cooperate on border surveillance in line with an article of the treaty, so supporting work to prevent unauthorised border crossings, to counter cross-border criminality, and to take measures against persons who have crossed the external Schengen border illegally.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that Spain will carry out border surveillance in line with the Schengen Borders Code and with an article of the treaty.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that, for the cooperation referred to in an earlier paragraph of this arrangement, at sea, the competent authorities of the Participants will conduct joint maritime patrols in jointly crewed law enforcement vessels at the borders of both Gibraltar and the surrounding area of Spain.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that Spain and the UK, for Gibraltar, will each be responsible for appointing law enforcement officers as members of the joint border surveillance maritime patrol. As a later paragraph of this arrangement sets out, issues concerning the appointment, conduct and discipline of those officers will be subject to consultation in the Working Group on border surveillance.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that the responsibility for providing the vessels for these patrols will alternate weekly between the Participants. For this, each Participant will provide a vessel that is neutrally branded and that will be marked with the European flag or other agreed visible insignia or wording showing that it is performing a Schengen border surveillance function. The Participants will design a working schedule to ensure that the border surveillance activities are permanent.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that, if it is necessary to arrest or detain an individual during border surveillance, this should be done by the competent authority of the territory where the person has been apprehended, and in line with the laws of that territory.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that a joint working group on border surveillance, the Working Group, will be set up. The Working Group will provide a forum for closer cooperation, the exchange of information, and the coordination of operational collaboration relating to border surveillance. It will meet at least every three months or whenever the Participants consider it appropriate.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that each Participant will have an equal number of members in the Working Group, and that the Participants will inform each other of the members appointed and of any possible changes. The Working Group will include representatives of the relevant competent authorities of the Participants.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that the Working Group will: adopt its rules of procedure and work by joint decision between the Participants; set up an encrypted radio frequency as a designated communication channel to help operational collaboration, and, where appropriate, communication may also take place through the personnel stationed at the Second Line Checks Area or in writing; designate points of contact to ensure permanent communication as needed; and provide a forum for consultation on the appointment, conduct and discipline of law enforcement officers taking part in joint maritime patrols. It may consider concerns raised by either Participant and make recommendations to the Participants on the suspension, revocation or withdrawal of appointments.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that the Working Group may propose action guidelines for the respective competent authorities.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that the competent authorities of the Participants that intend to carry out border surveillance will inform the Working Group in advance, in line with an earlier paragraph of this arrangement, including through the encrypted radio frequency, of their route, duration, objectives and any other matter the Working Group considers relevant, before starting the activities.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that, to ensure safety and security, the competent authorities of the Participants engaged in border surveillance will give the Working Group continuous updates on location and activity through the encrypted radio frequency.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that, where detailed communication and coordinated action is necessary between the Participants, or for operational security reasons, this should be done through the designated contact points or the personnel stationed in the Second Line Checks Area.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that this arrangement will take effect on the date of the last signature and will start to operate from the date the treaty enters into force.

The administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out says that either Participant may end this arrangement by written notice through diplomatic channels. This arrangement will stop having effect on the first day of the twelfth month after the date of the notice. If the treaty is ended, this arrangement will no longer be in force.

This is the closing record of the administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out. It says that the record above sets out the understandings reached between the UK, for Gibraltar, and Spain on the matters it refers to.

This is the signature block of the administrative arrangement between Spain and the UK, for Gibraltar, on how Schengen border checks and border surveillance will be carried out. It records that it was signed at Madrid on 25 June 2026, for the UK, for Gibraltar, by Sir Alex Ellis, Ambassador to Spain and Andorra, and for Spain by Carlos Moreno Blanco, "Secretary General for the European Union", each with a signature.

An annex giving the design of the Second Line Checks Area as a plan drawing in an upper and a lower part: Area A, labelled as controls for all departures and arrivals, and Area B, labelled as controls for all departures and arrivals.