Declaration of the Council and of the European Commission on the implementation of the Agreement in respect of Gibraltar between the European Union and the United Kingdom

Cover

           Council of the
           European Union
                                                            Brussels, 31 March 2026
                                                            (OR. en)
                                                            7553/1/26
                                                            REV 1
                                                            UK 71
NOTE
From:                General Secretariat of the Council
To:                  Delegations
No. prev. doc.:      7553/26
Subject:             Declaration of the Council and of the European Commission on the
                     implementation of the EU-UK Agreement on Gibraltar

Cover note of the Council of the EU, dated 31 March 2026, from the General Secretariat of the Council to delegations. Its subject is the declaration of the Council and of the European Commission on implementing the EU-UK treaty on Gibraltar. It carries document references, including a previous document number.

Following the political declaration of 25 November 2018 of the European Council and the European Commission on the territorial scope of the future agreements after the United Kingdom leaves the Union, it was decided that Gibraltar would not be included in the territorial scope of the agreements to be concluded between the Union and the United Kingdom, not precluding the possibility to have separate agreements between the Union and the United Kingdom in respect of Gibraltar.

Given the specific situation of Gibraltar and the responsibilities of Spain in applying EU law as provided for in the Agreement in respect of Gibraltar between European Union and the United Kingdom, and in full respect of the territorial integrity of its Member States as guaranteed by Article 4(2) of the Treaty on European Union, any measure taken by the Union in the implementation of the EU-UK Agreement on Gibraltar – including amendments, remedial measures, suspension of application of all or parts of the Agreement and termination - will require a prior agreement of the Kingdom of Spain, without prejudice to the competences of the Union and the prerogatives of the institutions.

7553/1/26 REV 1 1 GIP.EU-UK EN

Declaration of the Council and of the European Commission. After the 25 November 2018 political declaration of the European Council and the European Commission on the territorial scope of the future agreements once the United Kingdom (UK) leaves the European Union (EU), it was decided that Gibraltar would not be included in the scope of the agreements between the EU and the UK, without ruling out separate agreements between the EU and the UK, for Gibraltar. Given Gibraltar's specific situation and Spain's responsibilities in applying EU law as provided for in the treaty between the EU and the UK on Gibraltar, and with full respect for the territorial integrity of EU countries, any measure the EU takes in implementing that treaty, including amendments, remedial measures, suspension of all or parts of the treaty and termination, will need Spain's prior agreement; this does not affect the EU's competences or the prerogatives of its institutions.