Official PDF: Concordat
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Gibraltar & The Treaty — The Reading RoomCONCORDAT CONCERNING THE IMPLEMENTATION OF THE UK-EU AGREEMENT IN RESPECT OF GIBRALTAR
BETWEEN
HIS MAJESTY’S GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
AND
HIS MAJESTY’S GOVERNMENT OF GIBRALTAR
Title page of the Concordat on putting the UK-EU treaty on Gibraltar into practice. It is made between His Majesty's Government of the UK and His Majesty's Government of Gibraltar.
These arrangements concern the obligations and commitments of the United Kingdom of Great Britain and Northern Ireland in the agreement in respect of Gibraltar between the United Kingdom, of the one part and the European Union and the European Atomic Energy Community, of the other part (the “Agreement”).
The obligations entered into by the United Kingdom in the Agreement have been entered into with the consent of His Majesty’s Government of Gibraltar and following its full participation in the negotiations and noting the motion of the Gibraltar Parliament of 3 March 2026 calling upon the United Kingdom to sign and ratify the Agreement. It is on this basis that the Agreement will be signed by the United Kingdom.
These arrangements are without prejudice to the UK’s responsibility for the external relations of Gibraltar.
These arrangements concern the United Kingdom's (UK's) obligations and commitments in the treaty between the European Union (EU) and the UK on Gibraltar. The text says the UK entered into those obligations with the consent of the Government of Gibraltar and after its full participation in the negotiations, noting the Gibraltar Parliament's motion of 3 March 2026 calling on the UK to sign and ratify the treaty; on that basis the UK will sign the treaty. The arrangements do not affect the UK's responsibility for Gibraltar's external relations.
The implementation of the Agreement will fully respect the constitutional arrangements in place in respect of Gibraltar and in particular the Gibraltar Constitution Order 2006 (the “Constitution”) and, in particular, the provision, at Section 47(3) that, without prejudice to the United Kingdom’s responsibility for Gibraltar’s compliance with European Union law, matters which under the Constitution are the responsibility of Ministers will not cease to be so even though they arise in the context of the European Union. The rights and obligations in the Agreement in respect of issues that fall within the Gibraltar Government’s responsibilities under the Constitution will be enjoyed by and performed by the Government of Gibraltar, and in particular the Chief Minister, other Ministers and other relevant Gibraltar competent authorities. Under the Constitution, and Gibraltar law, they are the authorities who have responsibility for, and who are vested with the powers of implementation relevant to, the areas covered by the Agreement that fall within the Gibraltar Government’s responsibilities under the Constitution.
To this effect, where relevant, the expression “United Kingdom, in respect of Gibraltar” used throughout the Agreement is understood to refer to the Government of Gibraltar or to Gibraltar as the case may be and relevant obligations and responsibilities in the Agreement vested on the “United Kingdom, in respect of Gibraltar” are vested on the Government of Gibraltar.
The United Kingdom is ultimately responsible in international law for compliance with the Agreement. The United Kingdom and Gibraltar recognise Gibraltar’s essential role in assisting the United Kingdom to meet its obligations under international law. Gibraltar commits not to do anything which would undermine the United Kingdom’s ability to meet its international obligations.
Implementing the treaty will fully respect the constitutional arrangements in place for Gibraltar, in particular Gibraltar's Constitution and its provision that, without affecting the UK's responsibility for Gibraltar's compliance with EU law, matters which under the Constitution are the responsibility of Ministers will not stop being so even though they arise in the context of the EU. The rights and obligations in the treaty on issues that fall within the Gibraltar Government's responsibilities under the Constitution will be enjoyed and performed by the Government of Gibraltar, in particular the Chief Minister, other Ministers and other relevant Gibraltar competent authorities. Under the Constitution and Gibraltar law, they are the authorities who are responsible for, and who hold the powers of implementation for, the areas covered by the treaty that fall within the Gibraltar Government's responsibilities under the Constitution. To this effect, where relevant, wherever the treaty refers to the UK, for Gibraltar, this is understood to mean the Government of Gibraltar or Gibraltar, as the case may be, and the relevant obligations and responsibilities that the treaty places on the UK, for Gibraltar, rest on the Government of Gibraltar. The UK is ultimately responsible in international law for compliance with the treaty. The UK and Gibraltar recognise Gibraltar's essential role in helping the UK meet its obligations under international law. Gibraltar commits not to do anything which would undermine the UK's ability to meet its international obligations.
The Government of Gibraltar will be responsible for implementing and enforcing the provisions of the Agreement that fall within its responsibilities under the Constitution. To this effect, the competent authorities to be notified pursuant to Article 68 of the Agreement and pursuant to the other treaty provisions referred to in Article 68 will be the competent authorities of Gibraltar each time they refer to matters that fall within their responsibilities under the Constitution. These responsibilities include legislating for, giving effect to, operationalising and any associated costs of the following pursuant to the terms of the Agreement:
• Border checks and surveillance
• Residence, visa and asylum systems
• Customs, indirect taxation, goods regulation and tobacco traceability
• All “Level Playing Field” provisions, including for establishing the independent authority pursuant to Article 205 of the Agreement and for naming individuals to serve as panellists pursuant to Article 236 of the Agreement.
• Law enforcement cooperation
• Regulatory alignment
• Anti-money laundering measures
• Frontier workers' rights and social security coordination
• Financial mechanism
The Government of Gibraltar will also be responsible for establishing the independent consultative body under Article 248(5) of the Agreement and for constituting the joint venture company together with the Kingdom of Spain under Article 274 of the Agreement. The UK Ministry of Defence will be consulted on the terms of establishment of the joint venture company for the purposes of ensuring defence equities are out of scope.
When they concern matters that fall within the responsibilities of the Gibraltar Government under the Constitution, the Gibraltar Government will be fully involved in developing negotiation positions in future negotiations under the Agreement.
The United Kingdom will, without prejudice to the provisions of Section 47(3) of the Constitution, remain responsible for Gibraltar’s external relations with the EU and Spain. The United Kingdom will also:
• Remain responsible for Gibraltar’s external relations in negotiations and dispute resolution mechanisms under the Agreement
• Certify documents and facilitate liaison functions as required under Article 6 of the Agreement
• Remain responsible for Gibraltar’s defence, airspace control and military installations
The Governor of Gibraltar will remain responsible for their special responsibilities under the Constitution such as Gibraltar’s internal security, including the police.
The Government of Gibraltar will be responsible for implementing and enforcing the provisions of the treaty that fall within its responsibilities under the Constitution. To this effect, the competent authorities to be notified under an article of the treaty, and under the other treaty provisions that article refers to, will be the competent authorities of Gibraltar each time they refer to matters that fall within their responsibilities under the Constitution. These responsibilities include legislating for, giving effect to, putting into operation and any associated costs of the following, under the terms of the treaty: border checks and surveillance; residence, visa and asylum systems; customs, indirect taxation, goods regulation and tobacco traceability; all Level Playing Field provisions, including for setting up the independent authority provided for in an article of the treaty and for naming individuals to serve as panellists under another article of the treaty; law enforcement cooperation; regulatory alignment; anti-money laundering measures; frontier workers' rights and social security coordination; and the financial mechanism. The Government of Gibraltar will also be responsible for setting up the independent consultative body provided for in an article of the treaty, and for forming the joint venture company together with Spain under another article of the treaty. The UK Ministry of Defence will be consulted on the terms of establishment of the joint venture company to ensure that defence interests are out of scope. When they concern matters that fall within the Gibraltar Government's responsibilities under the Constitution, the Gibraltar Government will be fully involved in developing negotiating positions in future negotiations under the treaty. The UK will, without affecting a provision of the Constitution, remain responsible for Gibraltar's external relations with the EU and Spain. The UK will also remain responsible for Gibraltar's external relations in negotiations and dispute resolution mechanisms under the treaty; certify documents and facilitate liaison functions as an article of the treaty requires; and remain responsible for Gibraltar's defence, airspace control and military installations. The Governor of Gibraltar will remain responsible for the Governor's special responsibilities under the Constitution, such as Gibraltar's internal security, including the police.
Where the Agreement requires the establishment of dialogue, consultation or cooperation with the European Union, and where relevant for the purposes of implementation of the Agreement, the United Kingdom Government and the Government of Gibraltar will seek to develop shared and agreed positions on issues that fall within the Gibraltar Government’s responsibilities under the Constitution.
The Gibraltar Government will nominate persons to participate in:
• the Cooperation Council established pursuant to Article 22 of the Agreement, alongside the relevant UK Minister; and
• each of the Specialised Committees established pursuant to Article 23 of the Agreement.
The persons nominated by the Gibraltar Government will play a leading role in such Committees on issues that fall within the Gibraltar Government’s responsibilities under the Constitution and, in relation to those issues, the United Kingdom Government will not, other than in the most exceptional circumstances, adopt positions or make decisions in those bodies without the Gibraltar Government’s agreement.
Where the treaty requires dialogue, consultation or cooperation with the EU, and where relevant to implementation, the UK Government and the Government of Gibraltar will seek to develop shared and agreed positions on issues within the Gibraltar Government's constitutional responsibilities. The Gibraltar Government nominates people to take part in the Cooperation Council set up under the treaty, alongside the relevant UK Minister, and in each of the EU-UK treaty committees set up under it. The people it nominates play a leading role in those committees on issues within the Gibraltar Government's responsibilities and, on those issues, the UK Government will not, other than in the most exceptional circumstances, adopt positions or make decisions in those bodies without the Gibraltar Government's agreement.
Recognising the shared interest in the successful implementation of the Agreement, the United Kingdom Government and Government of Gibraltar will each bear the costs for their respective areas of responsibilities (as detailed above). In case of internal security, both sides will keep to the current practice. In case of joint responsibilities, financial costs will in principle be met by the United Kingdom Government and the Government of Gibraltar in an equitable manner.
The UK Government and the Government of Gibraltar each bear the costs of their own areas of responsibility, as set out above. For internal security, both sides keep to current practice. For joint responsibilities, the financial costs will in principle be met by the UK Government and the Government of Gibraltar in an equitable manner.
The UK will, other than in the most exceptional circumstances, seek prior agreement of the Government of Gibraltar before taking any significant actions under the Agreement at the Party level in areas of the Gibraltar Government’s responsibilities under the Constitution. Such significant actions include in particular:
(a) any amendments to be made to the Agreement;
(b) entering into, amending or terminating any supplementing agreements referred to in Article 4 of the Agreement;
(c) entering into, amending or terminating any of the Administrative Arrangements referred to in the Agreement.
Other than in the most exceptional circumstances, the UK will seek the prior agreement of the Government of Gibraltar before taking any significant action under the treaty at the level of the treaty Parties, in areas within the Gibraltar Government's constitutional responsibilities. Significant actions include in particular: (a) any amendments to the treaty; (b) entering into, amending or ending any supplementing agreements that the treaty refers to; and (c) entering into, amending or ending any of the administrative arrangements that the treaty refers to.
The United Kingdom Government and the Gibraltar Government will work closely together in every aspect, and at every stage, of the dispute settlement procedure established under Part 6 of the Agreement.
Whenever a dispute concerns an issue that falls within the Gibraltar Government’s responsibilities under the Constitution, the United Kingdom will, other than in the most exceptional circumstances, fully consult the Gibraltar Government and follow its wishes and views in relation to every aspect of the dispute settlement procedure set out in Part 6 of the Agreement including, but not limited to, the initiation of a dispute settlement procedure, the nature of compliance and temporary measures, the suspension and termination of arbitration proceedings and the nature of mutually agreed solutions.
The Gibraltar Government will nominate individuals willing to serve as members of an arbitration tribunal pursuant to the sub-list to be established pursuant to Article 319(1)(b) of the Agreement.
The UK Government and the Gibraltar Government work closely together in every aspect and at every stage of the treaty's dispute settlement procedure. Whenever a dispute concerns an issue within the Gibraltar Government's constitutional responsibilities, the UK will, other than in the most exceptional circumstances, fully consult the Gibraltar Government and follow its wishes and views on every aspect of the procedure, including, but not limited to, starting a dispute settlement procedure, the nature of compliance and temporary measures, suspension and ending of arbitration proceedings, and the nature of mutually agreed solutions. The Gibraltar Government nominates individuals willing to serve as members of an arbitration tribunal, for the sub-list to be set up under the treaty.
Consistently with the principle that the United Kingdom Government has adhered to throughout the negotiations – “nothing about Gibraltar without Gibraltar”- and consistently with the principle of the Double Lock, the United Kingdom Government will exercise its powers on the termination of the Agreement pursuant to Article 66 or Article 334 of the Agreement only following full consultation with the Government of Gibraltar. In any event, the United Kingdom Government will not, other than in the most exceptional circumstances, take the necessary steps with a view of terminating the Agreement unless termination is supported by:
(a) a motion carried by a majority of at least three-quarters of the total number of Members of the Gibraltar Parliament; or
(b) a simple majority of the votes cast in a referendum of all persons entitled to vote in elections to the Gibraltar Parliament;
The United Kingdom Government will only exercise its powers in relation to the suspension of obligations pursuant to Article 67 of the Agreement following full consultation with the Government of Gibraltar and will take its opinion duly into account.
In line with the principle the UK Government has followed throughout the negotiations, 'nothing about Gibraltar without Gibraltar', and with the principle of the Double Lock, the UK Government will use its powers to terminate the treaty under its two termination provisions only after full consultation with the Government of Gibraltar. In any event, the UK Government will not, other than in the most exceptional circumstances, take the steps needed to terminate the treaty unless termination is supported by (a) a motion carried by a majority of at least three-quarters of the total number of Members of the Gibraltar Parliament; or (b) a simple majority of the votes cast in a referendum of all persons entitled to vote in elections to the Gibraltar Parliament. The UK Government will use its powers to suspend obligations under the treaty only after full consultation with the Government of Gibraltar and will take its opinion duly into account.
A UK-Gibraltar Joint Implementation Committee will be established to monitor progress on implementation, resolve operational issues and review cost-sharing arrangements annually.
Alongside Gibraltar’s future relationship with the EU, the United Kingdom Government and the Government of Gibraltar also reaffirm their intention to ensure that the valued and historic links between the United Kingdom and Gibraltar grow, deepen and endure.
Signed at Brussels on 14 July 2026.
STEPHEN DOUGHTY MP HON FABIAN PICARDO KC MP
MINISTER OF STATE FOR EUROPE, CHIEF MINISTER
NORTH AMERICA AND UK
OVERSEAS TERRITORIES
For His Majesty’s Government of the For His Majesty’s Government of
United Kingdom of Great Britain and Gibraltar
Northern Ireland
A UK-Gibraltar Joint Implementation Committee will be set up to monitor progress on implementation, resolve operational issues and review cost-sharing arrangements every year. Alongside Gibraltar's future relationship with the EU, the UK Government and the Government of Gibraltar also reaffirm their intention to ensure that the valued and historic links between the UK and Gibraltar grow, deepen and endure. The text is signed at Brussels on 14 July 2026.
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