Gibraltar & The Treaty — The Reading Room
Gibraltar & The Treaty — The Reading RoomGibraltar and the treaty, in plain words

Laws in progress

Laws and proposals in the treaty’s areas, what the official text says, and what it could mean for Gibraltar. Built on 10 October 2026.

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This page flags laws and proposals that could affect Gibraltar, so that anyone can watch for them early. Whether and how they apply is for the authorities to decide.

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.

How to use this page: pick the way a law could reach Gibraltar in the contents, or use Search and filter; each entry shows the official text first, then why it could matter to Gibraltar, and the exact words are behind “Read the texts on this”.

Each card gives a plain headline, how the entry reaches Gibraltar (the grade), who is making the law, how far it has got where the entry’s text allows, and the dates the entry states. Under it, the official text is on the left and the reasoning for Gibraltar on the right: which row of our watch list the entry meets, which provision of it rests on, whether it matters now or only after a condition, and a plain “Why” line. Each group of people named under “Who it could affect” opens its own reason. The right-hand column also opens the treaty’s words that are quoted.

Every entry was read from its official text before it was written up (52 of 52 entries). Each card shown here was checked by a second AI reader, working separately from the one that wrote it, against the card's entry record, its library grade and the treaty's provisions. One card (64) was also checked against the act's own official text (11 October 2026). This page is not advice.

How each entry reaches Gibraltar

Each card carries one of four grades. The grade says how the entry reaches Gibraltar under the treaty. The grades are flags, not rulings: the authorities decide whether and how anything applies.

Read the texts on this

Each card carries one of four grades. The grade says how the entry reaches Gibraltar under the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The grades are flags, not rulings: the authorities decide whether and how anything applies.

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Latest step dated 3 to 10 October 2026

Entries whose latest step is dated 3 to 10 October 2026. The data gives the date of each entry’s latest step, not the date the entry was added to this page.

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Goods from the UK (28)

88EUProduct rules and goods placed on the market

EU food safety check for the cereulide toxin in infant formula: draft Commission Regulation

Applies after a step Businesses that sell infant formula and some special foods for babies in Gibraltar could be affected: this EU draft would add safety checks so that the cereulide toxin is not present in dried infant formula, dried follow-on formula and dried foods for special medical purposes for babies under six months, sold in the EU. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these rules count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 29 September 2026 (feedback period ended) Date ahead: Adoption planned by the European Commission in the first quarter of 2027 (the Commission's planning)

Official text

Title: COMMISSION REGULATION (EU) …/… amending Regulation (EC) No 2073/2005 as regards the cereulide toxin in infant formulae, follow-on formulae and foods for special medical purposes intended for infants

Who: European Commission (draft published on its 'Have your say' portal, Directorate-General for Health and Food Safety)

Stage and date: Draft regulation published 1 September 2026; feedback period ended 29 September 2026 (closed). Next stage shown: adoption by the European Commission, planned period first quarter of 2027 (the Commission's planning).

What the text says: The Commission's summary: 'In response to recent safety concerns, the Commission is proposing to introduce additional checks for baby formula and special infant foods. This will ensure the toxin cereulide is not present in the following foodstuffs sold in the EU: dried infant formulae; dried dietary foods for special medical purposes, intended for infants under 6 months; dried follow-on formulae. The goal is to make these foods safer for all children in the EU, while ensuring fair and consistent rules for EU producers.' (The summary's list items are joined here with semicolons.)

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the record: 'Have your say' record (source), 27,422 bytes, fetched 31 October 2026 14:57, checksum 884af1643645.

Why it could matter to Gibraltar

The European Commission says it is acting in response to recent safety concerns. The draft would add these checks to the EU's rules on safety criteria for food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The European Commission published it on 1 September 2026; the feedback period ended on 29 September 2026, and the Commission's planning shows its adoption in the first quarter of 2027. The Commission says the goal is to make these foods safer for all children in the EU, while ensuring fair and consistent rules for EU producers. It could change what these foods put on the market in Gibraltar must meet under the treaty's goods rule, if it counts among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these rules count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. If adopted as published, these dried foods for babies sold in the EU would come under new safety checks meant to make sure the cereulide toxin is not present in them. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these rules count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 2073/2005 'as regards the cereulide toxin in infant formulae, follow-on formulae and foods for special medical purposes intended for infants' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: The Commission's summary: 'In response to recent safety concerns, the Commission is proposing to introduce additional checks for baby formula and special infant foods. This will ensure the toxin cereulide is not present in the following foodstuffs sold in the EU: dried infant formulae; dried dietary foods for special medical purposes, intended for infants under 6 months; dried follow-on formulae. The goal is to make these foods safer for all children in the EU, while ensuring fair and consistent rules for EU producers.' (The summary's list items are joined here with semicolons.) Draft regulation published 1 September 2026; feedback period ended 29 September 2026 (closed). Next stage shown: adoption by the European Commission, planned period first quarter of 2027 (the Commission's planning).

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these rules count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: The draft's own text (attachments 'PART-2026-770262V2' and its Annex 'PART-2026-770263V2') was not opened: this card rests on the record's title, summary and dates.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

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89EUProduct rules and goods placed on the market

EU protective measures against plant pests: draft Commission Implementing Regulation (feedback until 26 November 2026)

Applies after a step Businesses that bring plants, plant products or other objects into Gibraltar could be affected: this EU draft would change the EU's protective measures against plant pests. It would set measures to prevent thirteen named pests from entering the EU and spreading within it, and change the protected zones for two more. The European Commission says it is updating these measures in view of how the plant health risk in the EU has developed. Comments can be sent until 26 November 2026. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these measures count among those rules (this is not settled). It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 29 October 2026 (draft published) Date ahead: Feedback period ends 26 November 2026

Official text

Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) 2019/2072 as regards measures to prevent the entry into the Union territory, and the spread within it, of Aleurocanthus spiniferus, Agrilus planipennis, Chloridea virescens, Fusarium oxysporum f. sp. cubense Tropical Race 4, Hirschmanniella spp., Meloidogyne enterolobii, Raspberry leaf curl virus, Spodoptera ornithogalli, Spodoptera praefica, Strawberry leaf curl virus, Thaumatotibia leucotreta, Toumeyella parvicornis and Xanthomonas citri pv. viticola, as regards changes of protected zones in relation to Beet necrotic yellow vein virus and Erwinia amylovora, amending Implementing Regulation (EU) 2022/1941 and repealing Implementing Regulation (EU) 2022/1927

Who: European Commission (draft published on its 'Have your say' portal, Directorate-General for Health and Food Safety)

Stage and date: Draft implementing regulation published 29 October 2026, the current publication of this initiative; feedback period open until 26 November 2026. Earlier drafts and adopted acts under the same initiative are listed in the record.

What the text says: The Commission's summary: 'Implementing Regulation (EU) 2019/2072 sets out protective measures against pests of plants. It includes the establishment of protected zones, prohibitions and requirements for import and trade of certain plants. Those measures are based on risk assessments carried out by EFSA, the European Plant Protection Organisation (EPPO) or other authorities. This draft act will update those protective measures, in view of the overall development of the phytosanitary risk in the EU'. The current draft's title names 13 pests, the protected zones for 2 more, an amendment of Implementing Regulation (EU) 2022/1941 and the repeal of Implementing Regulation (EU) 2022/1927.

Touches: Article 256(1), Annex 20 point 1(e) (sanitary and phytosanitary measures), Annex 20 point 1(b)

Text read: the record: 'Have your say' record (source), 95,340 bytes, fetched 31 October 2026 14:57, checksum 481c89395a5a.

Why it could matter to Gibraltar

The EU's protective measures against plant pests include protected zones, prohibitions and requirements for the import and trade of certain plants, based on risk assessments. This draft would update them. The treaty's list of EU rules for Gibraltar also names EU rules on import and export prohibitions and restrictions to protect the health and life of plants. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market, and it leaves out some food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The European Commission published it on 29 October 2026 and comments can be sent until 26 November 2026; the record shows no planned adoption date. If adopted, it would change the measures against thirteen named plant pests and the protected zones for two more. It could change what plants put on the market in Gibraltar must meet under the treaty's goods rule, if these measures count among the relevant EU rules there, which is not settled. The treaty's list of EU rules, which names sanitary and phytosanitary measures and import and export restrictions to protect plant health, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these measures count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. If adopted, the measures would apply to the entry into the EU, and the spread within it, of the thirteen pests the draft names; the item holds the draft's title, not its text, so which plants and which requirements are not shown here. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these measures count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled). It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The current draft would amend Implementing Regulation (EU) 2019/2072 'as regards measures to prevent the entry into the Union territory, and the spread within it' of 13 named pests, and 'as regards changes of protected zones in relation to Beet necrotic yellow vein virus and Erwinia amylovora' (draft title). Annex 20 point 1(b) also names 'Union acts governing import and export prohibitions and restrictions on grounds of, inter alia, ... the protection of the health and life of humans, animals or plants'. Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export outside Gibraltar or the EU without first being placed on the Gibraltar or EU markets, and some food (points (b) and (c)). Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: The Commission's summary: 'Implementing Regulation (EU) 2019/2072 sets out protective measures against pests of plants. It includes the establishment of protected zones, prohibitions and requirements for import and trade of certain plants. Those measures are based on risk assessments carried out by EFSA, the European Plant Protection Organisation (EPPO) or other authorities. This draft act will update those protective measures, in view of the overall development of the phytosanitary risk in the EU'. The current draft's title names 13 pests, the protected zones for 2 more, an amendment of Implementing Regulation (EU) 2022/1941 and the repeal of Implementing Regulation (EU) 2022/1927. Draft implementing regulation published 29 October 2026, the current publication of this initiative; feedback period open until 26 November 2026. Earlier drafts and adopted acts under the same initiative are listed in the record.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these rules count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: The current draft's text and its Annex (attached to the record) were not opened: this card rests on the record's title, summary and dates.

The treaty’s words quoted (19)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(b) (part): “Union acts governing import and export prohibitions and restrictions on grounds of, inter alia, public morality, public policy or public security; the protection of the health and life of humans, animals or plants;”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

90EUProduct rules and goods placed on the market

EU deforestation rules: change to the list of commodities and products covered (Commission Delegated Regulation adopted 13 July 2026)

Applies after a step Businesses that put on the market in Gibraltar products covered by the EU's deforestation rules could be affected: the European Commission adopted on 13 July 2026 a change to the list of commodities and products those rules cover. Its summary says it makes targeted changes to which products are covered, and simplifications and technical fixes for broader categories of products, to keep the rules in line with the latest environmental and economic evidence and to reduce administrative costs. The European Commission has adopted it, but the item does not show that it is in force. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these rules count among those rules (this is not settled). It could also come through the treaty's list of EU product rules, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 13 July 2026 (adopted by the European Commission) Date ahead: None shown in the record

Official text

Title: COMMISSION DELEGATED REGULATION (EU) …/... amending Regulation (EU) 2023/1115 of the European Parliament and of the Council as regards the list of relevant commodities and relevant products

Who: European Commission (record on its 'Have your say' portal, Directorate-General for Environment)

Stage and date: Draft delegated regulation published 4 May 2026, feedback period ended 1 June 2026. Delegated regulation adopted by the European Commission on 13 July 2026 (the record's current publication, stage 'adoption'). The record does not show publication in the Official Journal or entry into force.

What the text says: The Commission's summary: 'The draft Delegated Act introduces targeted changes to the product scope of the EU Deforestation Regulation (EUDR). It also proposes simplifications and technical fixes for broader categories of products. These revisions are necessary to ensure that the EUDR remains in line with the latest environmental and economic evidence and to exploit its full potential for simplifications and reduction of administrative costs.'

Touches: Article 256(1), Annex 20 point 1(e)

Text read: the record: 'Have your say' record (source), 59,996 bytes, fetched 31 October 2026 14:58, checksum 4b1cd7cdbf8e.

Why it could matter to Gibraltar

The list decides which commodities and products the EU's deforestation rules cover. The item holds the record's summary, not the changed list, so which products come in or go out is not shown here. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules. Whether this act, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market, and it leaves out some food. The treaty's list of EU product rules, requirements and standards for the EU's internal market applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: The European Commission adopted this act on 13 July 2026, after a feedback period that ended on 1 June 2026. The record does not show that it has been published or is in force. It could change which products put on the market in Gibraltar the deforestation rules cover under the treaty's goods rule, if these rules count among the relevant EU rules there, which is not settled. The treaty's list of EU product rules could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these rules count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. The act would change the list of commodities and products the deforestation rules cover; the changed list is not in the item. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these rules count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: The European Commission has adopted it; the item does not show its entry into force. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled). It could also come through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The act amends Regulation (EU) 2023/1115 'as regards the list of relevant commodities and relevant products' (title of the adopted act). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export outside Gibraltar or the EU without first being placed on the Gibraltar or EU markets, and some food (points (b) and (c)). Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: The Commission's summary: 'The draft Delegated Act introduces targeted changes to the product scope of the EU Deforestation Regulation (EUDR). It also proposes simplifications and technical fixes for broader categories of products. These revisions are necessary to ensure that the EUDR remains in line with the latest environmental and economic evidence and to exploit its full potential for simplifications and reduction of administrative costs.' Draft delegated regulation published 4 May 2026, feedback period ended 1 June 2026. Delegated regulation adopted by the European Commission on 13 July 2026 (the record's current publication, stage 'adoption'). The record does not show publication in the Official Journal or entry into force.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these rules count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: The adopted act, its Annex and the Commission staff working document (attached to the record) were not opened: this card rests on the record's titles, summary and dates.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

91EUProduct rules and goods placed on the market

EU toy safety rules: allergenic fragrances, bisphenol A, phenol and benzisothiazolinone (draft Commission Directive)

Applies after a step Businesses that sell toys in Gibraltar could be affected: this EU draft would change the EU's toy safety rules before the new EU toy safety law starts to apply. It would ban the allergenic fragrance Lilial in toys, because it has been classified as toxic for reproduction; remove references to two European test standards, because there are more recent test methods; and lower the limit for bisphenol A in toys, to reflect the most recent test methods. Its title also names phenol and benzisothiazolinone; the summary does not say what changes for them. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these rules count among those rules (this is not settled). It could also come through the treaty's list of EU product rules, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 15 October 2026 (feedback period ended) Date ahead: Adoption planned by the European Commission in the fourth quarter of 2026 (the Commission's planning)

Official text

Title: COMMISSION DIRECTIVE (EU) .../… amending Annex II to Directive 2009/48/EC of the European Parliament and of the Council as regards allergenic fragrances in toys, bisphenol A, phenol and benzisothiazolinone

Who: European Commission (draft published on its 'Have your say' portal, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs)

Stage and date: Draft directive published 17 September 2026; feedback period ended 15 October 2026 (closed). Next stage shown: adoption by the European Commission, planned period fourth quarter of 2026 (the Commission's planning).

What the text says: The Commission's summary: 'This initiative will introduce technical adaptations to the Toy Safety Directive which are necessary before the new Toy Safety Regulation starts applying. It will: ban the use of the allergenic fragrance Lilial in toys, as this substance has been classified as toxic for reproduction; remove the references to European standards EN 71-10 and EN 71-11, as there are more recent testing methods; lower the limit value for Bisphenol A in toys to reflect the most recent testing methods.' (The summary's list items are joined here with semicolons.)

Touches: Article 256(1), Annex 20 point 1(e)

Text read: the record: 'Have your say' record (source), 28,121 bytes, fetched 31 October 2026 14:58, checksum 88062e8882b9.

Why it could matter to Gibraltar

The draft would change the EU's toy safety rules on certain substances in toys: a ban on one fragrance and a lower limit for bisphenol A. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market, and it leaves out some food. The treaty's list of EU product rules, requirements and standards for the EU's internal market applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The European Commission published it on 17 September 2026; the feedback period ended on 15 October 2026, and the Commission's planning shows its adoption in the fourth quarter of 2026. If adopted, Lilial would be banned in toys and the limit for bisphenol A lowered. It could change what toys put on the market in Gibraltar must meet under the treaty's goods rule, if these rules count among the relevant EU rules there, which is not settled. The treaty's list of EU product rules could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these rules count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. If adopted as published, toys would have to meet the changed rules on Lilial and bisphenol A. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these rules count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled). It could also come through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Annex II to Directive 2009/48/EC 'as regards allergenic fragrances in toys, bisphenol A, phenol and benzisothiazolinone' (draft title); the summary names the standards EN 71-10 and EN 71-11. Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export outside Gibraltar or the EU without first being placed on the Gibraltar or EU markets, and some food (points (b) and (c)). Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: The Commission's summary: 'This initiative will introduce technical adaptations to the Toy Safety Directive which are necessary before the new Toy Safety Regulation starts applying. It will: ban the use of the allergenic fragrance Lilial in toys, as this substance has been classified as toxic for reproduction; remove the references to European standards EN 71-10 and EN 71-11, as there are more recent testing methods; lower the limit value for Bisphenol A in toys to reflect the most recent testing methods.' (The summary's list items are joined here with semicolons.) Draft directive published 17 September 2026; feedback period ended 15 October 2026 (closed). Next stage shown: adoption by the European Commission, planned period fourth quarter of 2026 (the Commission's planning).

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these rules count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: The draft's own text (attachment 'PART-2026-706202V3') was not opened: this card rests on the record's title, summary and dates.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

92EUProduct rules and goods placed on the market

EU vehicle safety: annual update of the UN vehicle rules referred to in the General Safety Regulation (draft Commission Delegated Regulation, feedback until 6 November 2026)

Applies after a step Businesses that sell new vehicles in Gibraltar could be affected: this EU draft would update the list of United Nations vehicle rules that the EU's general vehicle safety law refers to, so that it includes their latest versions for vehicle approval in the EU, and add new United Nations rules on snow grip of retreaded tyres, safety belts, emergency lane-keeping, advanced driver distraction warning systems and automated driving systems. Comments can be sent until 6 November 2026. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these rules count among those rules (this is not settled). It could also come through the treaty's list of EU product rules, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 9 October 2026 (draft published) Date ahead: Feedback period ends 6 November 2026; adoption planned in the fourth quarter of 2026 (the Commission's planning)

Official text

Title: COMMISSION DELEGATED REGULATION (EU) …/... amending Regulation (EU) 2019/2144 of the European Parliament and of the Council as regards regulatory developments concerning amendments to UN Regulations Nos 10, 12, 13, 13-H, 17, 26, 39, 48, 55, 80, 94, 95, 100, 107, 108, 109, 118, 125, 129, 131, 145, 167 and 171, and the new UN Regulations Nos 164, 170, 172, 173, 178, 182 and 185 adopted by the World Forum for Harmonisation of Vehicle Regulations of the United Nations Economic Commission for Europe

Who: European Commission (draft published on its 'Have your say' portal, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs)

Stage and date: Draft delegated regulation published 9 October 2026; feedback period open until 6 November 2026. Next stage shown: adoption by the European Commission, planned period fourth quarter of 2026 (the Commission's planning).

What the text says: The Commission's summary: 'The references to the regulatory acts listed in the annexes to the General Vehicle Safety Regulation need to be amended to reflect the latest developments. This initiative updates the list to: include the latest versions of the UNECE Regulations applicable for vehicle approval in the EU; add references to the newly adopted UNECE Regulations on snow grip of retreaded tyres, safety belts, emergency lane-keeping, advanced driver distraction warning systems and automated driving systems.' (The summary's list items are joined here with semicolons.)

Touches: Article 256(1), Annex 20 point 1(e)

Text read: the record: 'Have your say' record (source), 29,888 bytes, fetched 31 October 2026 14:58, checksum e4e97875f481.

Why it could matter to Gibraltar

The EU's general vehicle safety law lists the United Nations vehicle rules that apply for vehicle approval in the EU. The draft would update those references and add new ones. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market, and it leaves out some food. The treaty's list of EU product rules, requirements and standards for the EU's internal market applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The European Commission published it on 9 October 2026; comments can be sent until 6 November 2026, and the Commission's planning shows its adoption in the fourth quarter of 2026. If adopted, the requirements that the EU's general vehicle safety law draws from United Nations rules would be updated and extended. It could change what vehicles put on the market in Gibraltar must meet under the treaty's goods rule, if these rules count among the relevant EU rules there, which is not settled. The treaty's list of EU product rules could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these rules count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. If adopted as published, vehicles approved in the EU would have to meet the updated and new United Nations rules the draft lists. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these rules count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled). It could also come through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EU) 2019/2144 as regards amendments to UN Regulations Nos 10, 12, 13, 13-H, 17, 26, 39, 48, 55, 80, 94, 95, 100, 107, 108, 109, 118, 125, 129, 131, 145, 167 and 171, and new UN Regulations Nos 164, 170, 172, 173, 178, 182 and 185 (draft title); the title of its Annex lists the new UN Regulations as Nos 164, 170, 172, 173, 174, 178, 182, 183 and 185. Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export outside Gibraltar or the EU without first being placed on the Gibraltar or EU markets, and some food (points (b) and (c)). Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: The Commission's summary: 'The references to the regulatory acts listed in the annexes to the General Vehicle Safety Regulation need to be amended to reflect the latest developments. This initiative updates the list to: include the latest versions of the UNECE Regulations applicable for vehicle approval in the EU; add references to the newly adopted UNECE Regulations on snow grip of retreaded tyres, safety belts, emergency lane-keeping, advanced driver distraction warning systems and automated driving systems.' (The summary's list items are joined here with semicolons.) Draft delegated regulation published 9 October 2026; feedback period open until 6 November 2026. Next stage shown: adoption by the European Commission, planned period fourth quarter of 2026 (the Commission's planning).

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these rules count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: The draft's own text and its Annex (attachments 'PART-2026-661726V3' and 'PART-2026-661729V2') were not opened: this card rests on the record's titles, summary and dates.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

93EUProduct rules and goods placed on the market

EU limits for six pesticides in or on food: draft Commission Regulation (comitology document D113093)

Applies after a step Businesses that put food on the market in Gibraltar could be affected: this EU draft would change the highest amounts of six pesticides allowed in or on food. For carbofuran, which is not approved in the EU, every limit would be set at the lowest level laboratories can measure for each product; for the other five, the limits for named foods would be set, lowered or kept. The European Commission bases this on the European Food Safety Authority's assessments and on changes to the international food standards (Codex Alimentarius). If adopted, it would come into force 20 days after it is published and apply six months after that; food put on the market in the EU before then would stay under the old limits. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these limits count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 28 September 2026 22:00 UTC (favourable opinion, scrutiny) Date ahead: None shown in the register

Official text

Title: COMMISSION REGULATION (EU) …/… of XXX amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for carbofuran, imazalil, mandipropamid, propaquizafop, quizalofop-P-ethyl and quizalofop-P-tefuryl in or on certain products

Who: European Commission draft, examined in committee (EU comitology register)

Stage and date: Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

What the text says: Article 1 amends Annexes II, III and V to Regulation (EC) No 396/2005 as set out in the Annex. The Annex replaces the Annex II columns for imazalil, mandipropamid and quizalofop, deletes the carbofuran column in Annex II and in Part B of Annex III, and adds a carbofuran column to Annex V (recital 3: 'to set MRLs for carbofuran on all products at the product-specific LODs in Annex V'). Recitals 2 to 28 give the reasons: Codex limits revoked or adopted, and the reasoned opinions of the European Food Safety Authority (for example, imazalil on melons and quizalofop-P-ethyl on chards, herbal infusions from flowers and herbal infusions from herbs lowered to the limit of determination; imazalil on citrus fruits, cucumbers, courgettes and gherkins set at the levels the Authority recommended; the Codex limit for imazalil in bananas included). Article 2: Regulation (EC) No 396/2005 'as it stood before being amended by this Regulation shall continue to apply to products which were placed on the market in the Union before' the date 6 months after entry into force. Article 3: entry into force 'on the twentieth day following that of its publication in the Official Journal', application from 6 months after entry into force.

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the draft's Annex (what changes in Annexes II, III and V): comitology register (source), 258,406 bytes, fetched 31 October 2026 14:59, checksum 078ec38de336.

Why it could matter to Gibraltar

This draft would change EU limits for pesticide residues in or on food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The committee that examines it gave a favourable opinion at the end of September 2026, and the draft is now in a period of scrutiny; the European Commission has not adopted it, and the date it could do so is not known. If adopted, it would change the limits for six pesticides in or on food, apply six months after it comes into force, and let food already put on the market in the EU before then keep to the old limits. It could change the limits that food put on the market in Gibraltar must meet under the treaty's goods rule, if these limits count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these limits count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these limits count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 396/2005 'as regards maximum residue levels for carbofuran, imazalil, mandipropamid, propaquizafop, quizalofop-P-ethyl and quizalofop-P-tefuryl in or on certain products' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: Article 1 amends Annexes II, III and V to Regulation (EC) No 396/2005 as set out in the Annex. The Annex replaces the Annex II columns for imazalil, mandipropamid and quizalofop, deletes the carbofuran column in Annex II and in Part B of Annex III, and adds a carbofuran column to Annex V (recital 3: 'to set MRLs for carbofuran on all products at the product-specific LODs in Annex V'). Recitals 2 to 28 give the reasons: Codex limits revoked or adopted, and the reasoned opinions of the European Food Safety Authority (for example, imazalil on melons and quizalofop-P-ethyl on chards, herbal infusions from flowers and herbal infusions from herbs lowered to the limit of determination; imazalil on citrus fruits, cucumbers, courgettes and gherkins set at the levels the Authority recommended; the Codex limit for imazalil in bananas included). Article 2: Regulation (EC) No 396/2005 'as it stood before being amended by this Regulation shall continue to apply to products which were placed on the market in the Union before' the date 6 months after entry into force. Article 3: entry into force 'on the twentieth day following that of its publication in the Official Journal', application from 6 months after entry into force. The draft's own Articles 2 and 3 (main text, item 79) set the dates; recitals 2 to 28 give the reasons; the Annex (item 55) and the Annex II and Annex V tables (items 87 and 94) set the limits. The Annex V table carries the document number D113093/03, the other documents D113093/04. Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these limits count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: nothing of this draft's five documents is missing from the item; the other language versions in the register were not opened.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

94EUProduct rules and goods placed on the market

EU limits for the pesticide diazinon in or on food: draft Commission Regulation (comitology document D113129)

Applies after a step Businesses that put food on the market in Gibraltar could be affected: this EU draft would put limits for the pesticide diazinon in or on food into the EU's main table of pesticide limits, and take diazinon out of another table of the same rules. The draft's table sets a limit for each food, most of them at the lowest level laboratories can measure. The item does not hold the draft's main text, so its reasons and its dates are not shown here. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these limits count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 28 September 2026 22:00 UTC (favourable opinion, scrutiny) Date ahead: None shown in the register

Official text

Title: COMMISSION REGULATION (EU) …/… of XXX amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for diazinon in or on certain products

Who: European Commission draft, examined in committee (EU comitology register)

Stage and date: Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

What the text says: The Annex (item 70): 'Annexes II and III to Regulation (EC) No 396/2005 are amended as follows: (1) in Annex II, the following columns are added: [table Annex II]; (2) the column for diazinon in Part B of Annex III is deleted.' The Annex II table (item 73) gives a diazinon limit for each product code; values marked '*' are 'lower limit of analytical determination'. The main text of the draft (Articles and recitals) is not in the item.

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the comitology register record: comitology register (source), 51,202 bytes, fetched 31 October 2026 14:59, checksum e608f9439132.

Why it could matter to Gibraltar

This draft would change EU limits for pesticide residues in or on food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The committee that examines it gave a favourable opinion at the end of September 2026, and the draft is now in a period of scrutiny; the European Commission has not adopted it, and the date it could do so is not known. If adopted, it would set the limits for diazinon in or on food in the EU's main table of pesticide limits; the item does not show from when. It could change the limits that food put on the market in Gibraltar must meet under the treaty's goods rule, if these limits count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these limits count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these limits count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 396/2005 'as regards maximum residue levels for diazinon in or on certain products' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: The Annex (item 70): 'Annexes II and III to Regulation (EC) No 396/2005 are amended as follows: (1) in Annex II, the following columns are added: [table Annex II]; (2) the column for diazinon in Part B of Annex III is deleted.' The Annex II table (item 73) gives a diazinon limit for each product code; values marked '*' are 'lower limit of analytical determination'. The main text of the draft (Articles and recitals) is not in the item. The Annex (item 70) and the Annex II table (item 73); the record (item 59). The main text with its dates is not held. Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these limits count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: the draft's main text (articles and recitals) is not in the item.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

95EUProduct rules and goods placed on the market

EU limits for eight pesticides in or on food: draft Commission Regulation (comitology document D110097)

Applies after a step Businesses that put food on the market in Gibraltar could be affected: this EU draft would take the current limits for six pesticides (azocyclotin, chlorfenapyr, cyhexatin, dicofol, endosulfan and fenarimol) out of two tables of the EU's pesticide limits, take a seventh (fenpropathrin) out of another part of those rules, replace the limits for an eighth (profenofos), and add new entries to a further table. The item holds neither the new tables nor the draft's main text, so the new limits, the reasons and the dates are not shown here. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these limits count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 28 September 2026 22:00 UTC (favourable opinion, scrutiny) Date ahead: None shown in the register

Official text

Title: COMMISSION REGULATION (EU) …/… of XXX amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for azocyclotin, chlorfenapyr, cyhexatin, dicofol, endosulfan, fenarimol, fenpropathrin and profenofos in or on certain products

Who: European Commission draft, examined in committee (EU comitology register)

Stage and date: Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

What the text says: The Annex (item 82): in Annex II, 'the columns for azocyclotin, chlorfenapyr, cyhexatin, dicofol, endosulfan and fenarimol are deleted' and 'the column for profenofos is replaced'; 'in Part A of Annex III, the column for fenpropathrin is deleted'; in Part B of Annex III the same six columns are deleted and the profenofos column replaced; 'in Annex V, the following columns are added'. The tables themselves and the main text are not in the item.

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the comitology register record: comitology register (source), 64,089 bytes, fetched 31 October 2026 14:59, checksum c93fbcd667b9.

Why it could matter to Gibraltar

This draft would change EU limits for pesticide residues in or on food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The committee that examines it gave a favourable opinion at the end of September 2026, and the draft is now in a period of scrutiny; the European Commission has not adopted it, and the date it could do so is not known. If adopted, it would remove or replace the limits for eight pesticides in or on food and add entries to a further table; the item does not show the new limits or from when. It could change the limits that food put on the market in Gibraltar must meet under the treaty's goods rule, if these limits count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these limits count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these limits count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 396/2005 'as regards maximum residue levels for azocyclotin, chlorfenapyr, cyhexatin, dicofol, endosulfan, fenarimol, fenpropathrin and profenofos in or on certain products' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: The Annex (item 82): in Annex II, 'the columns for azocyclotin, chlorfenapyr, cyhexatin, dicofol, endosulfan and fenarimol are deleted' and 'the column for profenofos is replaced'; 'in Part A of Annex III, the column for fenpropathrin is deleted'; in Part B of Annex III the same six columns are deleted and the profenofos column replaced; 'in Annex V, the following columns are added'. The tables themselves and the main text are not in the item. The Annex (item 82, Word file); the record (item 60). The tables and the main text with its dates are not held. Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these limits count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: the draft's main text and its tables are not in the item.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

96EUProduct rules and goods placed on the market

EU limits for the pesticide diazinon in or on food: draft Commission Regulation (comitology document D113129)

Applies after a step Businesses that put food on the market in Gibraltar could be affected: this EU draft would put limits for the pesticide diazinon in or on food into the EU's main table of pesticide limits, and take diazinon out of another table of the same rules. The draft's table sets a limit for each food, most of them at the lowest level laboratories can measure. The item does not hold the draft's main text, so its reasons and its dates are not shown here. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these limits count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 28 September 2026 22:00 UTC (favourable opinion, scrutiny) Date ahead: None shown in the register

Official text

Title: COMMISSION REGULATION (EU) …/… of XXX amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for diazinon in or on certain products

Who: European Commission draft, examined in committee (EU comitology register)

Stage and date: Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

What the text says: The Annex (item 70): 'Annexes II and III to Regulation (EC) No 396/2005 are amended as follows: (1) in Annex II, the following columns are added: [table Annex II]; (2) the column for diazinon in Part B of Annex III is deleted.' The Annex II table (item 73) gives a diazinon limit for each product code; values marked '*' are 'lower limit of analytical determination'. The main text of the draft (Articles and recitals) is not in the item.

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the draft's Annex (what changes in Annexes II and III): comitology register (source), 256,919 bytes, fetched 31 October 2026 14:59, checksum 9a659f260774.

Why it could matter to Gibraltar

This draft would change EU limits for pesticide residues in or on food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The committee that examines it gave a favourable opinion at the end of September 2026, and the draft is now in a period of scrutiny; the European Commission has not adopted it, and the date it could do so is not known. If adopted, it would set the limits for diazinon in or on food in the EU's main table of pesticide limits; the item does not show from when. It could change the limits that food put on the market in Gibraltar must meet under the treaty's goods rule, if these limits count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these limits count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these limits count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 396/2005 'as regards maximum residue levels for diazinon in or on certain products' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: The Annex (item 70): 'Annexes II and III to Regulation (EC) No 396/2005 are amended as follows: (1) in Annex II, the following columns are added: [table Annex II]; (2) the column for diazinon in Part B of Annex III is deleted.' The Annex II table (item 73) gives a diazinon limit for each product code; values marked '*' are 'lower limit of analytical determination'. The main text of the draft (Articles and recitals) is not in the item. The Annex (item 70) and the Annex II table (item 73); the record (item 59). The main text with its dates is not held. Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these limits count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: the draft's main text (articles and recitals) is not in the item.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

97EUProduct rules and goods placed on the market

EU limits for five pesticides in or on food: draft Commission Regulation (comitology document D117885)

Applies after a step Businesses that put food on the market in Gibraltar could be affected: this EU draft would set the limits that applicants asked for, at the levels the European Food Safety Authority recommended, for cycloxydim and mepiquat in honey, ethofumesate in carrots and folpet in bananas (based on uses in Ecuador and El Salvador). It would set a tentative limit for folpet in honey, with a note of the missing information and the deadline for it, and keep the limits for quinmerac in the liver, kidney and other edible offal of cattle, sheep, goats and horses. If adopted, it would come into force 20 days after it is published. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these limits count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 28 September 2026 22:00 UTC (favourable opinion, scrutiny) Date ahead: None shown in the register

Official text

Title: COMMISSION REGULATION (EU) …/… of XXX amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for cycloxydim, ethofumesate, folpet, mepiquat and quinmerac in or on certain products

Who: European Commission draft, examined in committee (EU comitology register)

Stage and date: Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

What the text says: Article 1 amends Annexes II and III to Regulation (EC) No 396/2005 as set out in the Annex; the Annex (item 72) replaces the Annex II columns for cycloxydim, ethofumesate, folpet and quinmerac and the Part A of Annex III column for mepiquat. Recitals 2 to 7 give the reasons (applications for cycloxydim in honey, ethofumesate in carrots, mepiquat in honey; an import tolerance for folpet in bananas 'based on uses in Ecuador and El Salvador'; a tentative MRL for folpet in honey 'as a risk management decision' with a footnote 'indicating the missing information and the deadline for its submission'; quinmerac tentative MRLs for bovine, sheep, goat and equine liver, kidney and edible offal confirmed). Article 2: entry into force 'on the twentieth day following that of its publication in the Official Journal'.

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the draft's Annex (what changes in Annexes II and III): comitology register (source), 270,584 bytes, fetched 31 October 2026 15:00, checksum 88d32d5f011c.

Why it could matter to Gibraltar

This draft would change EU limits for pesticide residues in or on food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The committee that examines it gave a favourable opinion at the end of September 2026, and the draft is now in a period of scrutiny; the European Commission has not adopted it, and the date it could do so is not known. If adopted, it would set, confirm or tentatively set limits for five pesticides in or on named foods, and come into force 20 days after it is published. It could change the limits that food put on the market in Gibraltar must meet under the treaty's goods rule, if these limits count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these limits count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these limits count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 396/2005 'as regards maximum residue levels for cycloxydim, ethofumesate, folpet, mepiquat and quinmerac in or on certain products' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: Article 1 amends Annexes II and III to Regulation (EC) No 396/2005 as set out in the Annex; the Annex (item 72) replaces the Annex II columns for cycloxydim, ethofumesate, folpet and quinmerac and the Part A of Annex III column for mepiquat. Recitals 2 to 7 give the reasons (applications for cycloxydim in honey, ethofumesate in carrots, mepiquat in honey; an import tolerance for folpet in bananas 'based on uses in Ecuador and El Salvador'; a tentative MRL for folpet in honey 'as a risk management decision' with a footnote 'indicating the missing information and the deadline for its submission'; quinmerac tentative MRLs for bovine, sheep, goat and equine liver, kidney and edible offal confirmed). Article 2: entry into force 'on the twentieth day following that of its publication in the Official Journal'. The main text (item 91: recitals 2 to 7, Articles 1 and 2) and the Annex (item 72); the record (item 89). Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these limits count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: the draft's Annex II and Annex IIIA tables are not in the item.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

98EUProduct rules and goods placed on the market

EU limits for the pesticide diazinon in or on food: draft Commission Regulation (comitology document D113129)

Applies after a step Businesses that put food on the market in Gibraltar could be affected: this EU draft would put limits for the pesticide diazinon in or on food into the EU's main table of pesticide limits, and take diazinon out of another table of the same rules. The draft's table sets a limit for each food, most of them at the lowest level laboratories can measure. The item does not hold the draft's main text, so its reasons and its dates are not shown here. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these limits count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 28 September 2026 22:00 UTC (favourable opinion, scrutiny) Date ahead: None shown in the register

Official text

Title: COMMISSION REGULATION (EU) …/… of XXX amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for diazinon in or on certain products

Who: European Commission draft, examined in committee (EU comitology register)

Stage and date: Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

What the text says: The Annex (item 70): 'Annexes II and III to Regulation (EC) No 396/2005 are amended as follows: (1) in Annex II, the following columns are added: [table Annex II]; (2) the column for diazinon in Part B of Annex III is deleted.' The Annex II table (item 73) gives a diazinon limit for each product code; values marked '*' are 'lower limit of analytical determination'. The main text of the draft (Articles and recitals) is not in the item.

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the Annex II table of limits: comitology register (source), 364,879 bytes, fetched 31 October 2026 15:00, checksum 083bfd96bb31.

Why it could matter to Gibraltar

This draft would change EU limits for pesticide residues in or on food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The committee that examines it gave a favourable opinion at the end of September 2026, and the draft is now in a period of scrutiny; the European Commission has not adopted it, and the date it could do so is not known. If adopted, it would set the limits for diazinon in or on food in the EU's main table of pesticide limits; the item does not show from when. It could change the limits that food put on the market in Gibraltar must meet under the treaty's goods rule, if these limits count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these limits count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these limits count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 396/2005 'as regards maximum residue levels for diazinon in or on certain products' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: The Annex (item 70): 'Annexes II and III to Regulation (EC) No 396/2005 are amended as follows: (1) in Annex II, the following columns are added: [table Annex II]; (2) the column for diazinon in Part B of Annex III is deleted.' The Annex II table (item 73) gives a diazinon limit for each product code; values marked '*' are 'lower limit of analytical determination'. The main text of the draft (Articles and recitals) is not in the item. The Annex (item 70) and the Annex II table (item 73); the record (item 59). The main text with its dates is not held. Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these limits count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: the draft's main text (articles and recitals) is not in the item.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

99EUProduct rules and goods placed on the market

EU limits for six pesticides in or on food: draft Commission Regulation (comitology document D113093)

Applies after a step Businesses that put food on the market in Gibraltar could be affected: this EU draft would change the highest amounts of six pesticides allowed in or on food. For carbofuran, which is not approved in the EU, every limit would be set at the lowest level laboratories can measure for each product; for the other five, the limits for named foods would be set, lowered or kept. The European Commission bases this on the European Food Safety Authority's assessments and on changes to the international food standards (Codex Alimentarius). If adopted, it would come into force 20 days after it is published and apply six months after that; food put on the market in the EU before then would stay under the old limits. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these limits count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 28 September 2026 22:00 UTC (favourable opinion, scrutiny) Date ahead: None shown in the register

Official text

Title: COMMISSION REGULATION (EU) …/… of XXX amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for carbofuran, imazalil, mandipropamid, propaquizafop, quizalofop-P-ethyl and quizalofop-P-tefuryl in or on certain products

Who: European Commission draft, examined in committee (EU comitology register)

Stage and date: Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

What the text says: Article 1 amends Annexes II, III and V to Regulation (EC) No 396/2005 as set out in the Annex. The Annex replaces the Annex II columns for imazalil, mandipropamid and quizalofop, deletes the carbofuran column in Annex II and in Part B of Annex III, and adds a carbofuran column to Annex V (recital 3: 'to set MRLs for carbofuran on all products at the product-specific LODs in Annex V'). Recitals 2 to 28 give the reasons: Codex limits revoked or adopted, and the reasoned opinions of the European Food Safety Authority (for example, imazalil on melons and quizalofop-P-ethyl on chards, herbal infusions from flowers and herbal infusions from herbs lowered to the limit of determination; imazalil on citrus fruits, cucumbers, courgettes and gherkins set at the levels the Authority recommended; the Codex limit for imazalil in bananas included). Article 2: Regulation (EC) No 396/2005 'as it stood before being amended by this Regulation shall continue to apply to products which were placed on the market in the Union before' the date 6 months after entry into force. Article 3: entry into force 'on the twentieth day following that of its publication in the Official Journal', application from 6 months after entry into force.

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the draft Regulation, main text: comitology register (source), 389,872 bytes, fetched 31 October 2026 15:00, checksum 3a60279f384d.

Why it could matter to Gibraltar

This draft would change EU limits for pesticide residues in or on food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The committee that examines it gave a favourable opinion at the end of September 2026, and the draft is now in a period of scrutiny; the European Commission has not adopted it, and the date it could do so is not known. If adopted, it would change the limits for six pesticides in or on food, apply six months after it comes into force, and let food already put on the market in the EU before then keep to the old limits. It could change the limits that food put on the market in Gibraltar must meet under the treaty's goods rule, if these limits count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these limits count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these limits count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 396/2005 'as regards maximum residue levels for carbofuran, imazalil, mandipropamid, propaquizafop, quizalofop-P-ethyl and quizalofop-P-tefuryl in or on certain products' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: Article 1 amends Annexes II, III and V to Regulation (EC) No 396/2005 as set out in the Annex. The Annex replaces the Annex II columns for imazalil, mandipropamid and quizalofop, deletes the carbofuran column in Annex II and in Part B of Annex III, and adds a carbofuran column to Annex V (recital 3: 'to set MRLs for carbofuran on all products at the product-specific LODs in Annex V'). Recitals 2 to 28 give the reasons: Codex limits revoked or adopted, and the reasoned opinions of the European Food Safety Authority (for example, imazalil on melons and quizalofop-P-ethyl on chards, herbal infusions from flowers and herbal infusions from herbs lowered to the limit of determination; imazalil on citrus fruits, cucumbers, courgettes and gherkins set at the levels the Authority recommended; the Codex limit for imazalil in bananas included). Article 2: Regulation (EC) No 396/2005 'as it stood before being amended by this Regulation shall continue to apply to products which were placed on the market in the Union before' the date 6 months after entry into force. Article 3: entry into force 'on the twentieth day following that of its publication in the Official Journal', application from 6 months after entry into force. The draft's own Articles 2 and 3 (main text, item 79) set the dates; recitals 2 to 28 give the reasons; the Annex (item 55) and the Annex II and Annex V tables (items 87 and 94) set the limits. The Annex V table carries the document number D113093/03, the other documents D113093/04. Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these limits count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: nothing of this draft's five documents is missing from the item; the other language versions in the register were not opened.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

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100EUProduct rules and goods placed on the market

EU limits for eight pesticides in or on food: draft Commission Regulation (comitology document D110097)

Applies after a step Businesses that put food on the market in Gibraltar could be affected: this EU draft would take the current limits for six pesticides (azocyclotin, chlorfenapyr, cyhexatin, dicofol, endosulfan and fenarimol) out of two tables of the EU's pesticide limits, take a seventh (fenpropathrin) out of another part of those rules, replace the limits for an eighth (profenofos), and add new entries to a further table. The item holds neither the new tables nor the draft's main text, so the new limits, the reasons and the dates are not shown here. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these limits count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 28 September 2026 22:00 UTC (favourable opinion, scrutiny) Date ahead: None shown in the register

Official text

Title: COMMISSION REGULATION (EU) …/… of XXX amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for azocyclotin, chlorfenapyr, cyhexatin, dicofol, endosulfan, fenarimol, fenpropathrin and profenofos in or on certain products

Who: European Commission draft, examined in committee (EU comitology register)

Stage and date: Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

What the text says: The Annex (item 82): in Annex II, 'the columns for azocyclotin, chlorfenapyr, cyhexatin, dicofol, endosulfan and fenarimol are deleted' and 'the column for profenofos is replaced'; 'in Part A of Annex III, the column for fenpropathrin is deleted'; in Part B of Annex III the same six columns are deleted and the profenofos column replaced; 'in Annex V, the following columns are added'. The tables themselves and the main text are not in the item.

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the draft's Annex (Word file): comitology register (source), 29,300 bytes, fetched 31 October 2026 15:00, checksum 2d1bf17c317f.

Why it could matter to Gibraltar

This draft would change EU limits for pesticide residues in or on food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The committee that examines it gave a favourable opinion at the end of September 2026, and the draft is now in a period of scrutiny; the European Commission has not adopted it, and the date it could do so is not known. If adopted, it would remove or replace the limits for eight pesticides in or on food and add entries to a further table; the item does not show the new limits or from when. It could change the limits that food put on the market in Gibraltar must meet under the treaty's goods rule, if these limits count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these limits count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these limits count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 396/2005 'as regards maximum residue levels for azocyclotin, chlorfenapyr, cyhexatin, dicofol, endosulfan, fenarimol, fenpropathrin and profenofos in or on certain products' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: The Annex (item 82): in Annex II, 'the columns for azocyclotin, chlorfenapyr, cyhexatin, dicofol, endosulfan and fenarimol are deleted' and 'the column for profenofos is replaced'; 'in Part A of Annex III, the column for fenpropathrin is deleted'; in Part B of Annex III the same six columns are deleted and the profenofos column replaced; 'in Annex V, the following columns are added'. The tables themselves and the main text are not in the item. The Annex (item 82, Word file); the record (item 60). The tables and the main text with its dates are not held. Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these limits count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: the draft's main text and its tables are not in the item.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

101EUProduct rules and goods placed on the market

EU limits for six pesticides in or on food: draft Commission Regulation (comitology document D113093)

Applies after a step Businesses that put food on the market in Gibraltar could be affected: this EU draft would change the highest amounts of six pesticides allowed in or on food. For carbofuran, which is not approved in the EU, every limit would be set at the lowest level laboratories can measure for each product; for the other five, the limits for named foods would be set, lowered or kept. The European Commission bases this on the European Food Safety Authority's assessments and on changes to the international food standards (Codex Alimentarius). If adopted, it would come into force 20 days after it is published and apply six months after that; food put on the market in the EU before then would stay under the old limits. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these limits count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 28 September 2026 22:00 UTC (favourable opinion, scrutiny) Date ahead: None shown in the register

Official text

Title: COMMISSION REGULATION (EU) …/… of XXX amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for carbofuran, imazalil, mandipropamid, propaquizafop, quizalofop-P-ethyl and quizalofop-P-tefuryl in or on certain products

Who: European Commission draft, examined in committee (EU comitology register)

Stage and date: Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

What the text says: Article 1 amends Annexes II, III and V to Regulation (EC) No 396/2005 as set out in the Annex. The Annex replaces the Annex II columns for imazalil, mandipropamid and quizalofop, deletes the carbofuran column in Annex II and in Part B of Annex III, and adds a carbofuran column to Annex V (recital 3: 'to set MRLs for carbofuran on all products at the product-specific LODs in Annex V'). Recitals 2 to 28 give the reasons: Codex limits revoked or adopted, and the reasoned opinions of the European Food Safety Authority (for example, imazalil on melons and quizalofop-P-ethyl on chards, herbal infusions from flowers and herbal infusions from herbs lowered to the limit of determination; imazalil on citrus fruits, cucumbers, courgettes and gherkins set at the levels the Authority recommended; the Codex limit for imazalil in bananas included). Article 2: Regulation (EC) No 396/2005 'as it stood before being amended by this Regulation shall continue to apply to products which were placed on the market in the Union before' the date 6 months after entry into force. Article 3: entry into force 'on the twentieth day following that of its publication in the Official Journal', application from 6 months after entry into force.

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the comitology register record: comitology register (source), 57,894 bytes, fetched 31 October 2026 15:00, checksum 52b89c37be8b.

Why it could matter to Gibraltar

This draft would change EU limits for pesticide residues in or on food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The committee that examines it gave a favourable opinion at the end of September 2026, and the draft is now in a period of scrutiny; the European Commission has not adopted it, and the date it could do so is not known. If adopted, it would change the limits for six pesticides in or on food, apply six months after it comes into force, and let food already put on the market in the EU before then keep to the old limits. It could change the limits that food put on the market in Gibraltar must meet under the treaty's goods rule, if these limits count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these limits count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these limits count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 396/2005 'as regards maximum residue levels for carbofuran, imazalil, mandipropamid, propaquizafop, quizalofop-P-ethyl and quizalofop-P-tefuryl in or on certain products' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: Article 1 amends Annexes II, III and V to Regulation (EC) No 396/2005 as set out in the Annex. The Annex replaces the Annex II columns for imazalil, mandipropamid and quizalofop, deletes the carbofuran column in Annex II and in Part B of Annex III, and adds a carbofuran column to Annex V (recital 3: 'to set MRLs for carbofuran on all products at the product-specific LODs in Annex V'). Recitals 2 to 28 give the reasons: Codex limits revoked or adopted, and the reasoned opinions of the European Food Safety Authority (for example, imazalil on melons and quizalofop-P-ethyl on chards, herbal infusions from flowers and herbal infusions from herbs lowered to the limit of determination; imazalil on citrus fruits, cucumbers, courgettes and gherkins set at the levels the Authority recommended; the Codex limit for imazalil in bananas included). Article 2: Regulation (EC) No 396/2005 'as it stood before being amended by this Regulation shall continue to apply to products which were placed on the market in the Union before' the date 6 months after entry into force. Article 3: entry into force 'on the twentieth day following that of its publication in the Official Journal', application from 6 months after entry into force. The draft's own Articles 2 and 3 (main text, item 79) set the dates; recitals 2 to 28 give the reasons; the Annex (item 55) and the Annex II and Annex V tables (items 87 and 94) set the limits. The Annex V table carries the document number D113093/03, the other documents D113093/04. Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these limits count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: nothing of this draft's five documents is missing from the item; the other language versions in the register were not opened.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

102EUProduct rules and goods placed on the market

EU limits for six pesticides in or on food: draft Commission Regulation (comitology document D113093)

Applies after a step Businesses that put food on the market in Gibraltar could be affected: this EU draft would change the highest amounts of six pesticides allowed in or on food. For carbofuran, which is not approved in the EU, every limit would be set at the lowest level laboratories can measure for each product; for the other five, the limits for named foods would be set, lowered or kept. The European Commission bases this on the European Food Safety Authority's assessments and on changes to the international food standards (Codex Alimentarius). If adopted, it would come into force 20 days after it is published and apply six months after that; food put on the market in the EU before then would stay under the old limits. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these limits count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 28 September 2026 22:00 UTC (favourable opinion, scrutiny) Date ahead: None shown in the register

Official text

Title: COMMISSION REGULATION (EU) …/… of XXX amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for carbofuran, imazalil, mandipropamid, propaquizafop, quizalofop-P-ethyl and quizalofop-P-tefuryl in or on certain products

Who: European Commission draft, examined in committee (EU comitology register)

Stage and date: Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

What the text says: Article 1 amends Annexes II, III and V to Regulation (EC) No 396/2005 as set out in the Annex. The Annex replaces the Annex II columns for imazalil, mandipropamid and quizalofop, deletes the carbofuran column in Annex II and in Part B of Annex III, and adds a carbofuran column to Annex V (recital 3: 'to set MRLs for carbofuran on all products at the product-specific LODs in Annex V'). Recitals 2 to 28 give the reasons: Codex limits revoked or adopted, and the reasoned opinions of the European Food Safety Authority (for example, imazalil on melons and quizalofop-P-ethyl on chards, herbal infusions from flowers and herbal infusions from herbs lowered to the limit of determination; imazalil on citrus fruits, cucumbers, courgettes and gherkins set at the levels the Authority recommended; the Codex limit for imazalil in bananas included). Article 2: Regulation (EC) No 396/2005 'as it stood before being amended by this Regulation shall continue to apply to products which were placed on the market in the Union before' the date 6 months after entry into force. Article 3: entry into force 'on the twentieth day following that of its publication in the Official Journal', application from 6 months after entry into force.

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the Annex II table of limits: comitology register (source), 374,761 bytes, fetched 31 October 2026 15:00, checksum e12d1020691c.

Why it could matter to Gibraltar

This draft would change EU limits for pesticide residues in or on food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The committee that examines it gave a favourable opinion at the end of September 2026, and the draft is now in a period of scrutiny; the European Commission has not adopted it, and the date it could do so is not known. If adopted, it would change the limits for six pesticides in or on food, apply six months after it comes into force, and let food already put on the market in the EU before then keep to the old limits. It could change the limits that food put on the market in Gibraltar must meet under the treaty's goods rule, if these limits count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these limits count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these limits count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 396/2005 'as regards maximum residue levels for carbofuran, imazalil, mandipropamid, propaquizafop, quizalofop-P-ethyl and quizalofop-P-tefuryl in or on certain products' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: Article 1 amends Annexes II, III and V to Regulation (EC) No 396/2005 as set out in the Annex. The Annex replaces the Annex II columns for imazalil, mandipropamid and quizalofop, deletes the carbofuran column in Annex II and in Part B of Annex III, and adds a carbofuran column to Annex V (recital 3: 'to set MRLs for carbofuran on all products at the product-specific LODs in Annex V'). Recitals 2 to 28 give the reasons: Codex limits revoked or adopted, and the reasoned opinions of the European Food Safety Authority (for example, imazalil on melons and quizalofop-P-ethyl on chards, herbal infusions from flowers and herbal infusions from herbs lowered to the limit of determination; imazalil on citrus fruits, cucumbers, courgettes and gherkins set at the levels the Authority recommended; the Codex limit for imazalil in bananas included). Article 2: Regulation (EC) No 396/2005 'as it stood before being amended by this Regulation shall continue to apply to products which were placed on the market in the Union before' the date 6 months after entry into force. Article 3: entry into force 'on the twentieth day following that of its publication in the Official Journal', application from 6 months after entry into force. The draft's own Articles 2 and 3 (main text, item 79) set the dates; recitals 2 to 28 give the reasons; the Annex (item 55) and the Annex II and Annex V tables (items 87 and 94) set the limits. The Annex V table carries the document number D113093/03, the other documents D113093/04. Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these limits count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: nothing of this draft's five documents is missing from the item; the other language versions in the register were not opened.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

103EUProduct rules and goods placed on the market

EU limits for five pesticides in or on food: draft Commission Regulation (comitology document D117885)

Applies after a step Businesses that put food on the market in Gibraltar could be affected: this EU draft would set the limits that applicants asked for, at the levels the European Food Safety Authority recommended, for cycloxydim and mepiquat in honey, ethofumesate in carrots and folpet in bananas (based on uses in Ecuador and El Salvador). It would set a tentative limit for folpet in honey, with a note of the missing information and the deadline for it, and keep the limits for quinmerac in the liver, kidney and other edible offal of cattle, sheep, goats and horses. If adopted, it would come into force 20 days after it is published. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these limits count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 28 September 2026 22:00 UTC (favourable opinion, scrutiny) Date ahead: None shown in the register

Official text

Title: COMMISSION REGULATION (EU) …/… of XXX amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for cycloxydim, ethofumesate, folpet, mepiquat and quinmerac in or on certain products

Who: European Commission draft, examined in committee (EU comitology register)

Stage and date: Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

What the text says: Article 1 amends Annexes II and III to Regulation (EC) No 396/2005 as set out in the Annex; the Annex (item 72) replaces the Annex II columns for cycloxydim, ethofumesate, folpet and quinmerac and the Part A of Annex III column for mepiquat. Recitals 2 to 7 give the reasons (applications for cycloxydim in honey, ethofumesate in carrots, mepiquat in honey; an import tolerance for folpet in bananas 'based on uses in Ecuador and El Salvador'; a tentative MRL for folpet in honey 'as a risk management decision' with a footnote 'indicating the missing information and the deadline for its submission'; quinmerac tentative MRLs for bovine, sheep, goat and equine liver, kidney and edible offal confirmed). Article 2: entry into force 'on the twentieth day following that of its publication in the Official Journal'.

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the comitology register record: comitology register (source), 56,994 bytes, fetched 31 October 2026 15:00, checksum 4580309a3fb0.

Why it could matter to Gibraltar

This draft would change EU limits for pesticide residues in or on food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The committee that examines it gave a favourable opinion at the end of September 2026, and the draft is now in a period of scrutiny; the European Commission has not adopted it, and the date it could do so is not known. If adopted, it would set, confirm or tentatively set limits for five pesticides in or on named foods, and come into force 20 days after it is published. It could change the limits that food put on the market in Gibraltar must meet under the treaty's goods rule, if these limits count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these limits count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these limits count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 396/2005 'as regards maximum residue levels for cycloxydim, ethofumesate, folpet, mepiquat and quinmerac in or on certain products' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: Article 1 amends Annexes II and III to Regulation (EC) No 396/2005 as set out in the Annex; the Annex (item 72) replaces the Annex II columns for cycloxydim, ethofumesate, folpet and quinmerac and the Part A of Annex III column for mepiquat. Recitals 2 to 7 give the reasons (applications for cycloxydim in honey, ethofumesate in carrots, mepiquat in honey; an import tolerance for folpet in bananas 'based on uses in Ecuador and El Salvador'; a tentative MRL for folpet in honey 'as a risk management decision' with a footnote 'indicating the missing information and the deadline for its submission'; quinmerac tentative MRLs for bovine, sheep, goat and equine liver, kidney and edible offal confirmed). Article 2: entry into force 'on the twentieth day following that of its publication in the Official Journal'. The main text (item 91: recitals 2 to 7, Articles 1 and 2) and the Annex (item 72); the record (item 89). Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these limits count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: the draft's Annex II and Annex IIIA tables are not in the item.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

104EUProduct rules and goods placed on the market

EU limits for five pesticides in or on food: draft Commission Regulation (comitology document D117885)

Applies after a step Businesses that put food on the market in Gibraltar could be affected: this EU draft would set the limits that applicants asked for, at the levels the European Food Safety Authority recommended, for cycloxydim and mepiquat in honey, ethofumesate in carrots and folpet in bananas (based on uses in Ecuador and El Salvador). It would set a tentative limit for folpet in honey, with a note of the missing information and the deadline for it, and keep the limits for quinmerac in the liver, kidney and other edible offal of cattle, sheep, goats and horses. If adopted, it would come into force 20 days after it is published. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these limits count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 28 September 2026 22:00 UTC (favourable opinion, scrutiny) Date ahead: None shown in the register

Official text

Title: COMMISSION REGULATION (EU) …/… of XXX amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for cycloxydim, ethofumesate, folpet, mepiquat and quinmerac in or on certain products

Who: European Commission draft, examined in committee (EU comitology register)

Stage and date: Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

What the text says: Article 1 amends Annexes II and III to Regulation (EC) No 396/2005 as set out in the Annex; the Annex (item 72) replaces the Annex II columns for cycloxydim, ethofumesate, folpet and quinmerac and the Part A of Annex III column for mepiquat. Recitals 2 to 7 give the reasons (applications for cycloxydim in honey, ethofumesate in carrots, mepiquat in honey; an import tolerance for folpet in bananas 'based on uses in Ecuador and El Salvador'; a tentative MRL for folpet in honey 'as a risk management decision' with a footnote 'indicating the missing information and the deadline for its submission'; quinmerac tentative MRLs for bovine, sheep, goat and equine liver, kidney and edible offal confirmed). Article 2: entry into force 'on the twentieth day following that of its publication in the Official Journal'.

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the draft Regulation, main text: comitology register (source), 360,836 bytes, fetched 31 October 2026 15:00, checksum 3281594a3377.

Why it could matter to Gibraltar

This draft would change EU limits for pesticide residues in or on food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The committee that examines it gave a favourable opinion at the end of September 2026, and the draft is now in a period of scrutiny; the European Commission has not adopted it, and the date it could do so is not known. If adopted, it would set, confirm or tentatively set limits for five pesticides in or on named foods, and come into force 20 days after it is published. It could change the limits that food put on the market in Gibraltar must meet under the treaty's goods rule, if these limits count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these limits count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these limits count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 396/2005 'as regards maximum residue levels for cycloxydim, ethofumesate, folpet, mepiquat and quinmerac in or on certain products' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: Article 1 amends Annexes II and III to Regulation (EC) No 396/2005 as set out in the Annex; the Annex (item 72) replaces the Annex II columns for cycloxydim, ethofumesate, folpet and quinmerac and the Part A of Annex III column for mepiquat. Recitals 2 to 7 give the reasons (applications for cycloxydim in honey, ethofumesate in carrots, mepiquat in honey; an import tolerance for folpet in bananas 'based on uses in Ecuador and El Salvador'; a tentative MRL for folpet in honey 'as a risk management decision' with a footnote 'indicating the missing information and the deadline for its submission'; quinmerac tentative MRLs for bovine, sheep, goat and equine liver, kidney and edible offal confirmed). Article 2: entry into force 'on the twentieth day following that of its publication in the Official Journal'. The main text (item 91: recitals 2 to 7, Articles 1 and 2) and the Annex (item 72); the record (item 89). Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these limits count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: the draft's Annex II and Annex IIIA tables are not in the item.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

105EUProduct rules and goods placed on the market

EU limits for four pesticides in or on food: draft Commission Regulation (comitology document D115295)

Applies after a step Businesses that put food on the market in Gibraltar could be affected: this EU draft would set the limits that applicants asked for, at the levels the European Food Safety Authority recommended, for cyflumetofen in sweet peppers and milbemectin in sweet cherries. It would raise the limits for ametoctradin in some liver, kidney and other edible offal of pigs, cattle, sheep, goats and horses and keep its other limits, keep the limits for diflufenican in wheat, rye, barley and products of animal origin, and remove the notes that asked for more information on these two. If adopted, it would come into force 20 days after it is published. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these limits count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 28 September 2026 22:00 UTC (favourable opinion, scrutiny) Date ahead: None shown in the register

Official text

Title: COMMISSION REGULATION (EU) …/… of XXX amending Annex II to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for ametoctradin, cyflumetofen, diflufenican and milbemectin in or on certain products

Who: European Commission draft, examined in committee (EU comitology register)

Stage and date: Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

What the text says: Article 1 amends Annex II to Regulation (EC) No 396/2005 as set out in the Annex; the Annex (item 97) replaces the columns for ametoctradin, cyflumetofen, diflufenican and milbemectin. Recitals 2 to 10 give the reasons (applications for cyflumetofen in sweet peppers/bell peppers and milbemectin in cherries (sweet); for ametoctradin, 'appropriate to increase the MRLs' for swine liver and edible offals and for bovine, sheep, goat and equine liver, kidney and edible offals, and to maintain the others; for diflufenican, 'appropriate to maintain the existing MRLs for wheat, rye, barley and products of animal origin'; the footnotes requiring the submission of information deleted). Article 2: entry into force 'on the twentieth day following that of its publication in the Official Journal'.

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the comitology register record: comitology register (source), 51,854 bytes, fetched 31 October 2026 15:00, checksum 39cc009e6423.

Why it could matter to Gibraltar

This draft would change EU limits for pesticide residues in or on food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The committee that examines it gave a favourable opinion at the end of September 2026, and the draft is now in a period of scrutiny; the European Commission has not adopted it, and the date it could do so is not known. If adopted, it would set, raise or keep limits for four pesticides in or on named foods, and come into force 20 days after it is published. It could change the limits that food put on the market in Gibraltar must meet under the treaty's goods rule, if these limits count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these limits count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these limits count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 396/2005 'as regards maximum residue levels for ametoctradin, cyflumetofen, diflufenican and milbemectin in or on certain products' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: Article 1 amends Annex II to Regulation (EC) No 396/2005 as set out in the Annex; the Annex (item 97) replaces the columns for ametoctradin, cyflumetofen, diflufenican and milbemectin. Recitals 2 to 10 give the reasons (applications for cyflumetofen in sweet peppers/bell peppers and milbemectin in cherries (sweet); for ametoctradin, 'appropriate to increase the MRLs' for swine liver and edible offals and for bovine, sheep, goat and equine liver, kidney and edible offals, and to maintain the others; for diflufenican, 'appropriate to maintain the existing MRLs for wheat, rye, barley and products of animal origin'; the footnotes requiring the submission of information deleted). Article 2: entry into force 'on the twentieth day following that of its publication in the Official Journal'. The main text (item 96: recitals 2 to 10, Articles 1 and 2) and the Annex (item 97); the record (item 92). Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these limits count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: the draft's Annex II table is not in the item.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

106EUProduct rules and goods placed on the market

EU limits for six pesticides in or on food: draft Commission Regulation (comitology document D113093)

Applies after a step Businesses that put food on the market in Gibraltar could be affected: this EU draft would change the highest amounts of six pesticides allowed in or on food. For carbofuran, which is not approved in the EU, every limit would be set at the lowest level laboratories can measure for each product; for the other five, the limits for named foods would be set, lowered or kept. The European Commission bases this on the European Food Safety Authority's assessments and on changes to the international food standards (Codex Alimentarius). If adopted, it would come into force 20 days after it is published and apply six months after that; food put on the market in the EU before then would stay under the old limits. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these limits count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 28 September 2026 22:00 UTC (favourable opinion, scrutiny) Date ahead: None shown in the register

Official text

Title: COMMISSION REGULATION (EU) …/… of XXX amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for carbofuran, imazalil, mandipropamid, propaquizafop, quizalofop-P-ethyl and quizalofop-P-tefuryl in or on certain products

Who: European Commission draft, examined in committee (EU comitology register)

Stage and date: Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

What the text says: Article 1 amends Annexes II, III and V to Regulation (EC) No 396/2005 as set out in the Annex. The Annex replaces the Annex II columns for imazalil, mandipropamid and quizalofop, deletes the carbofuran column in Annex II and in Part B of Annex III, and adds a carbofuran column to Annex V (recital 3: 'to set MRLs for carbofuran on all products at the product-specific LODs in Annex V'). Recitals 2 to 28 give the reasons: Codex limits revoked or adopted, and the reasoned opinions of the European Food Safety Authority (for example, imazalil on melons and quizalofop-P-ethyl on chards, herbal infusions from flowers and herbal infusions from herbs lowered to the limit of determination; imazalil on citrus fruits, cucumbers, courgettes and gherkins set at the levels the Authority recommended; the Codex limit for imazalil in bananas included). Article 2: Regulation (EC) No 396/2005 'as it stood before being amended by this Regulation shall continue to apply to products which were placed on the market in the Union before' the date 6 months after entry into force. Article 3: entry into force 'on the twentieth day following that of its publication in the Official Journal', application from 6 months after entry into force.

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the Annex V table of limits: comitology register (source), 364,735 bytes, fetched 31 October 2026 15:00, checksum 098490755219.

Why it could matter to Gibraltar

This draft would change EU limits for pesticide residues in or on food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The committee that examines it gave a favourable opinion at the end of September 2026, and the draft is now in a period of scrutiny; the European Commission has not adopted it, and the date it could do so is not known. If adopted, it would change the limits for six pesticides in or on food, apply six months after it comes into force, and let food already put on the market in the EU before then keep to the old limits. It could change the limits that food put on the market in Gibraltar must meet under the treaty's goods rule, if these limits count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these limits count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these limits count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 396/2005 'as regards maximum residue levels for carbofuran, imazalil, mandipropamid, propaquizafop, quizalofop-P-ethyl and quizalofop-P-tefuryl in or on certain products' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: Article 1 amends Annexes II, III and V to Regulation (EC) No 396/2005 as set out in the Annex. The Annex replaces the Annex II columns for imazalil, mandipropamid and quizalofop, deletes the carbofuran column in Annex II and in Part B of Annex III, and adds a carbofuran column to Annex V (recital 3: 'to set MRLs for carbofuran on all products at the product-specific LODs in Annex V'). Recitals 2 to 28 give the reasons: Codex limits revoked or adopted, and the reasoned opinions of the European Food Safety Authority (for example, imazalil on melons and quizalofop-P-ethyl on chards, herbal infusions from flowers and herbal infusions from herbs lowered to the limit of determination; imazalil on citrus fruits, cucumbers, courgettes and gherkins set at the levels the Authority recommended; the Codex limit for imazalil in bananas included). Article 2: Regulation (EC) No 396/2005 'as it stood before being amended by this Regulation shall continue to apply to products which were placed on the market in the Union before' the date 6 months after entry into force. Article 3: entry into force 'on the twentieth day following that of its publication in the Official Journal', application from 6 months after entry into force. The draft's own Articles 2 and 3 (main text, item 79) set the dates; recitals 2 to 28 give the reasons; the Annex (item 55) and the Annex II and Annex V tables (items 87 and 94) set the limits. The Annex V table carries the document number D113093/03, the other documents D113093/04. Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these limits count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: nothing of this draft's five documents is missing from the item; the other language versions in the register were not opened.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

107EUProduct rules and goods placed on the market

EU limits for four pesticides in or on food: draft Commission Regulation (comitology document D115295)

Applies after a step Businesses that put food on the market in Gibraltar could be affected: this EU draft would set the limits that applicants asked for, at the levels the European Food Safety Authority recommended, for cyflumetofen in sweet peppers and milbemectin in sweet cherries. It would raise the limits for ametoctradin in some liver, kidney and other edible offal of pigs, cattle, sheep, goats and horses and keep its other limits, keep the limits for diflufenican in wheat, rye, barley and products of animal origin, and remove the notes that asked for more information on these two. If adopted, it would come into force 20 days after it is published. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these limits count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 28 September 2026 22:00 UTC (favourable opinion, scrutiny) Date ahead: None shown in the register

Official text

Title: COMMISSION REGULATION (EU) …/… of XXX amending Annex II to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for ametoctradin, cyflumetofen, diflufenican and milbemectin in or on certain products

Who: European Commission draft, examined in committee (EU comitology register)

Stage and date: Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

What the text says: Article 1 amends Annex II to Regulation (EC) No 396/2005 as set out in the Annex; the Annex (item 97) replaces the columns for ametoctradin, cyflumetofen, diflufenican and milbemectin. Recitals 2 to 10 give the reasons (applications for cyflumetofen in sweet peppers/bell peppers and milbemectin in cherries (sweet); for ametoctradin, 'appropriate to increase the MRLs' for swine liver and edible offals and for bovine, sheep, goat and equine liver, kidney and edible offals, and to maintain the others; for diflufenican, 'appropriate to maintain the existing MRLs for wheat, rye, barley and products of animal origin'; the footnotes requiring the submission of information deleted). Article 2: entry into force 'on the twentieth day following that of its publication in the Official Journal'.

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the draft Regulation, main text: comitology register (source), 362,702 bytes, fetched 31 October 2026 15:00, checksum fe72eec5823a.

Why it could matter to Gibraltar

This draft would change EU limits for pesticide residues in or on food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The committee that examines it gave a favourable opinion at the end of September 2026, and the draft is now in a period of scrutiny; the European Commission has not adopted it, and the date it could do so is not known. If adopted, it would set, raise or keep limits for four pesticides in or on named foods, and come into force 20 days after it is published. It could change the limits that food put on the market in Gibraltar must meet under the treaty's goods rule, if these limits count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these limits count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these limits count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 396/2005 'as regards maximum residue levels for ametoctradin, cyflumetofen, diflufenican and milbemectin in or on certain products' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: Article 1 amends Annex II to Regulation (EC) No 396/2005 as set out in the Annex; the Annex (item 97) replaces the columns for ametoctradin, cyflumetofen, diflufenican and milbemectin. Recitals 2 to 10 give the reasons (applications for cyflumetofen in sweet peppers/bell peppers and milbemectin in cherries (sweet); for ametoctradin, 'appropriate to increase the MRLs' for swine liver and edible offals and for bovine, sheep, goat and equine liver, kidney and edible offals, and to maintain the others; for diflufenican, 'appropriate to maintain the existing MRLs for wheat, rye, barley and products of animal origin'; the footnotes requiring the submission of information deleted). Article 2: entry into force 'on the twentieth day following that of its publication in the Official Journal'. The main text (item 96: recitals 2 to 10, Articles 1 and 2) and the Annex (item 97); the record (item 92). Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these limits count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: the draft's Annex II table is not in the item.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

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108EUProduct rules and goods placed on the market

EU limits for four pesticides in or on food: draft Commission Regulation (comitology document D115295)

Applies after a step Businesses that put food on the market in Gibraltar could be affected: this EU draft would set the limits that applicants asked for, at the levels the European Food Safety Authority recommended, for cyflumetofen in sweet peppers and milbemectin in sweet cherries. It would raise the limits for ametoctradin in some liver, kidney and other edible offal of pigs, cattle, sheep, goats and horses and keep its other limits, keep the limits for diflufenican in wheat, rye, barley and products of animal origin, and remove the notes that asked for more information on these two. If adopted, it would come into force 20 days after it is published. This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these limits count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 28 September 2026 22:00 UTC (favourable opinion, scrutiny) Date ahead: None shown in the register

Official text

Title: COMMISSION REGULATION (EU) …/… of XXX amending Annex II to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for ametoctradin, cyflumetofen, diflufenican and milbemectin in or on certain products

Who: European Commission draft, examined in committee (EU comitology register)

Stage and date: Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

What the text says: Article 1 amends Annex II to Regulation (EC) No 396/2005 as set out in the Annex; the Annex (item 97) replaces the columns for ametoctradin, cyflumetofen, diflufenican and milbemectin. Recitals 2 to 10 give the reasons (applications for cyflumetofen in sweet peppers/bell peppers and milbemectin in cherries (sweet); for ametoctradin, 'appropriate to increase the MRLs' for swine liver and edible offals and for bovine, sheep, goat and equine liver, kidney and edible offals, and to maintain the others; for diflufenican, 'appropriate to maintain the existing MRLs for wheat, rye, barley and products of animal origin'; the footnotes requiring the submission of information deleted). Article 2: entry into force 'on the twentieth day following that of its publication in the Official Journal'.

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: the draft's Annex (what changes in Annex II): comitology register (source), 269,074 bytes, fetched 31 October 2026 15:00, checksum c1c3e2513507.

Why it could matter to Gibraltar

This draft would change EU limits for pesticide residues in or on food. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names EU product rules, including sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK that are cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this draft, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a draft only. The committee that examines it gave a favourable opinion at the end of September 2026, and the draft is now in a period of scrutiny; the European Commission has not adopted it, and the date it could do so is not known. If adopted, it would set, raise or keep limits for four pesticides in or on named foods, and come into force 20 days after it is published. It could change the limits that food put on the market in Gibraltar must meet under the treaty's goods rule, if these limits count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these limits count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these limits count among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a draft only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The draft would amend Regulation (EC) No 396/2005 'as regards maximum residue levels for ametoctradin, cyflumetofen, diflufenican and milbemectin in or on certain products' (draft title). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'. Article 268 reads references to Union acts in Article 256 'to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts', but Article 256(1) names no act, so whether this act counts among 'the relevant rules' is not settled. Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market', including 'sanitary and phytosanitary measures'; the Annex 20 provisions 'shall be those applicable at the time in the Union' (Annex 20 point 1, last sentence) and are to be 'determined in greater detail by the Cooperation Council' (Annex 20 point 2). Article 239(c) counts 'conformity with product rules, requirements and standards', 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: Article 1 amends Annex II to Regulation (EC) No 396/2005 as set out in the Annex; the Annex (item 97) replaces the columns for ametoctradin, cyflumetofen, diflufenican and milbemectin. Recitals 2 to 10 give the reasons (applications for cyflumetofen in sweet peppers/bell peppers and milbemectin in cherries (sweet); for ametoctradin, 'appropriate to increase the MRLs' for swine liver and edible offals and for bovine, sheep, goat and equine liver, kidney and edible offals, and to maintain the others; for diflufenican, 'appropriate to maintain the existing MRLs for wheat, rye, barley and products of animal origin'; the footnotes requiring the submission of information deleted). Article 2: entry into force 'on the twentieth day following that of its publication in the Official Journal'. The main text (item 96: recitals 2 to 10, Articles 1 and 2) and the Annex (item 97); the record (item 92). Draft implementing act in the EU comitology register, document status 'transmitted' (record updated 29 October 2026). Stage shown: favourable opinion, scrutiny, dated 28 September 2026 22:00 UTC (29 September in Brussels), after committee meeting CMTD(2026)37. Procedure shown: regulatory procedure with scrutiny (Art. 5a par. 1-5); register note 'PRAC 2 MOIS'. Not yet adopted by the European Commission.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown (Article 256(1): whether these limits count among the relevant EU rules is not settled; Article 256(2) presumes goods lawfully placed on the market in any EU country compliant). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled).

Not opened or not held: the draft's Annex II table is not in the item.

The treaty’s words quoted (18)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Article 268: “For the purposes of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in point (a) of Article 3(1) of Annex 19 and Article 1(5) of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision:”
  • Article 247(3): “Until the entry into force of the decision referred to in paragraph 1, and without prejudice to paragraph 4, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 shall be brought into Gibraltar and be exported from Gibraltar only by land and in accordance with the rules laid down in Annexes 19, 21, 22 and 24.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Annex 20 point 1 (last sentence): “The provisions referred to in this paragraph shall be those applicable at the time in the Union.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Annex 21 Article 1(1) (part): “Such customs clearance and authorisation formalities shall be carried out by a designated customs post, except sanitary and phytosanitary related customs clearance formalities, which shall be carried out at the first entry point of the Union when required by Union legislation.”
  • Annex 21 Article 1(2) (first sentence): “The customs clearance formalities shall be carried out in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union.”
  • Article 239(c): “‘customs clearance formalities’ means all procedures, measures and controls to be carried out for the release for free circulation of goods or for another customs procedure applicable to goods in accordance with Union law. It covers customs formalities, conformity with product rules, requirements and standards, prohibitions and restrictions, sanitary and phytosanitary measures as provided for in Union law, and any other formalities necessary to release goods for free circulation in the Union;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”

Link to this entry

18EUProduct rules and goods placed on the market

EU code for medicinal products for human use: Commission communication COM(2026) 526 final

Applies after a step This is not an adopted law, so it could matter only once this new EU medicines directive is adopted. The treaty lets the , allow medicines authorised in the UK on the Gibraltar market if all the treaty's conditions are met, and it defines those medicines by the EU's 2001 medicines code, which this directive would repeal. The treaty reads that reference as including an act that replaces the code, so the definition could then come from the new rules. Whether the new directive is also one of the relevant EU rules that the treaty's goods rule requires goods put on the market in Gibraltar to meet is not settled.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 8 October 2026 Date ahead: Indicative European Parliament plenary date (Legislative Observatory forecast) 23 November 2026

Official text

Title: COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the position of the Council on the adoption of a Directive of the European Parliament and of the Council on the Union code relating to medicinal products for human use, and repealing Directive 2001/83/EC and Directive 2009/35/EC

Who: European Commission (to the European Parliament)

Stage and date: Commission communication to the European Parliament, 29 September 2026 (COM(2026) 526 final, procedure 2023/0132(COD)), on the Council's first-reading position of 28 September 2026. Latest key event on the Legislative Observatory page: Committee referral announced in Parliament, 2nd reading (8 October 2026). Status shown: Awaiting Parliament 2nd reading. Observatory forecast, as that page labels it: indicative plenary sitting date, 1st reading, 23 November 2026.

What the text says: Reports the Council's position at first reading on a Directive on the Union code relating to medicinal products for human use, which would repeal Directive 2001/83/EC and Directive 2009/35/EC. The Council position reflects the political agreement of 11 December 2025, including a nine-year baseline of regulatory protection and nine years of market exclusivity for standard orphan medicines.

Touches: Article 256(4)

Text read: Publications Office open-data text (source), 10,833 characters, fetched 9 October 2026 00:47, checksum 8410bb540d94.

Why it could matter to Gibraltar

The treaty's exception for medicines lets the UK, for Gibraltar, allow medicines authorised in the UK on the Gibraltar market if all its conditions are met. It defines those medicines by the EU's 2001 medicines code, which this directive would repeal. The treaty reads that reference as including an act that replaces the code, so the definition the exception uses could change. The treaty's goods rule requires goods produced or put on the market in Gibraltar to meet the relevant EU rules; whether the new directive counts among them is not settled.

Now, or after which condition: The treaty's exception for medicines lets the UK, for Gibraltar, allow medicines for human use on the Gibraltar market only if all of these are met: the UK's competent authorities have authorised them for the UK market; they carry no EU unique identifier but their own label saying UK only; and the UK, for Gibraltar, has taken effective monitoring and enforcement measures, through audits and inspections, so that they cannot be moved from Gibraltar to the EU or put on the market in an (this aim leaves out licensed prescription medicines that come with a prescription from a professional approved by the Gibraltar Health Authority, for no more than 90 days of treatment), and so that businesses comply with the treaty's labelling requirement. The exception defines those medicines by the EU's 2001 medicines code. The treaty reads that reference as including an act that replaces the code, so, if this directive is adopted and replaces it, the definition could then come from the new rules; the texts read do not show whether it would differ. Under the treaty's goods rule, the UK, for Gibraltar, must have in place and effectively apply laws so that goods, including medicines not allowed under the exception, may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. These rules apply from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully carried out, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds these rules stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended, and applies again from the day the suspension is lifted or new administrative arrangements are concluded. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet the rules for goods to be put on the market in Gibraltar. The directive is not yet adopted: the European Commission has told the European Parliament that it can accept the Council's first-reading position.

Why: This is not an adopted law. The European Commission has told the European Parliament that it can accept the Council's first-reading position on a new EU code for medicines for human use, which would repeal the EU's 2001 medicines code. The treaty uses that 2001 code to define the medicines the UK, for Gibraltar, may allow on the Gibraltar market if all the treaty's conditions are met, and it reads that reference as including an act that replaces the code. If the new directive is adopted, that definition could change; the texts read do not show whether it would. Whether the new directive is one of the relevant EU rules under the treaty's goods rule is not settled.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union the texts read do not show. Once the treaty applies, the UK, for Gibraltar, may allow medicines authorised in the UK on the Gibraltar market if all the treaty's conditions are met: they carry a UK only label and no EU unique identifier, and the UK, for Gibraltar, has taken effective monitoring and enforcement measures so they cannot be moved to the EU or put on the market in an EU country (this aim leaves out licensed prescription medicines that come with a prescription from a professional approved by the Gibraltar Health Authority, for no more than 90 days of treatment), and so that businesses comply with the treaty's labelling requirement. The treaty defines those medicines by the EU's 2001 medicines code, which this directive would repeal, and it reads that reference as including an act that replaces the code. So, if the directive is adopted, which medicines from the UK count under that exception could change; the texts read do not show whether the definition would differ. Other medicines may be put on the market in Gibraltar only if they meet the relevant EU rules; whether the new directive counts among them is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is not an adopted law: the Commission's communication is on the Council's first-reading position on a new EU medicines Directive, so it could matter only once that Directive is adopted. Article 256(4) lets the UK, for Gibraltar, allow medicinal products for human use as defined in point 2 of Article 1 of Directive 2001/83/EC to be placed on the market in Gibraltar, if all its conditions are fulfilled. The Directive would repeal Directive 2001/83/EC, and Article 268 reads references to EU acts in Article 256 as including those acts as amended or replaced in future, so that definition could then be read from the new rules. Whether the new Directive is also one of the relevant EU rules under Article 256(1) is not settled.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). Article 256(4) points to point 2 of Article 1 of Directive 2001/83/EC to define the medicinal products for human use that the UK, for Gibraltar, may allow on the Gibraltar market on its conditions (a) to (c). The Council position would repeal Directive 2001/83/EC, and Article 268 reads references to EU acts in Article 256 'to include those Union acts as amended or replaced in future', so the definition that Article 256(4) uses could then be read from the act that replaces it. Article 256(1) covers the relevant EU rules on producing goods or placing them on the market in Gibraltar; whether the new Directive counts among them is not settled.

Now, or after which condition: Under Article 256(4), 'Notwithstanding paragraph 1', the UK, for Gibraltar, may allow medicinal products for human use as defined in point 2 of Article 1 of Directive 2001/83/EC to be placed on the market in Gibraltar, provided that all of conditions (a) to (c) are fulfilled: the UK's competent authorities have authorised the product for the UK market; it bears no EU unique identifier but an individual 'UK only' label; and the UK, for Gibraltar, has taken effective monitoring and enforcement measures, by audits and inspections, so that it may not be moved from Gibraltar to the EU or placed on the market in an EU country (except licensed prescription medicines accompanied by a prescription by a GHA approved professional, in a quantity not exceeding 90 days of treatment: footnote to Article 256(4)(c)), and so that economic operators comply with the labelling requirement provided for in Article 256. Under Article 256(1), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules. The Council position would repeal Directive 2001/83/EC. Article 268 reads references to EU acts in Article 256 as including those acts as amended or replaced in future, so, if the new Directive replaces Directive 2001/83/EC, the definition that Article 256(4) uses could then be read from it; the texts read do not show whether that definition would differ. Article 256 applies from the entry into force of that treaty (Article 336(1)); the Parties may agree to apply the treaty provisionally earlier, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 (monitoring and tracking of tobacco) are in place (Article 336(2) and (4)). Title II of Part Three, which holds Article 256, ceases to apply while the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'Without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with the rules for goods to be placed on the market in Gibraltar. Stage: a Commission communication on a Council first-reading position, not an adopted act; the Commission 'can accept the Council's position at first reading'.

Why: This Commission communication to the European Parliament, of 29 September 2026, is on the Council's first-reading position of 28 September 2026 on a new EU code for medicinal products for human use. The Commission says it can accept that position. It is not an adopted law. The Directive would repeal Directive 2001/83/EC and Directive 2009/35/EC. Article 256(4) of that treaty uses point 2 of Article 1 of Directive 2001/83/EC to define the medicines that the UK, for Gibraltar, may allow on the Gibraltar market if all its conditions are fulfilled, and Article 268 reads that reference as including an act that replaces Directive 2001/83/EC. If the Directive is adopted, the definition that exception uses could change; the texts read do not show whether it would. Whether the new Directive counts among the relevant EU rules under Article 256(1) is not settled.

Where it touches Gibraltar: Goods coming from the UK. If adopted, the Directive would repeal Directive 2001/83/EC and Directive 2009/35/EC (communication, title). Once that treaty applies (Article 336), the UK, for Gibraltar, may allow medicinal products for human use as defined in point 2 of Article 1 of Directive 2001/83/EC to be placed on the market in Gibraltar, provided that all its conditions are fulfilled: the UK's competent authorities have authorised them for the UK market; they bear no EU unique identifier but a 'UK only' label; and the UK, for Gibraltar, has taken effective monitoring and enforcement measures, by audits and inspections, so that they may not be moved from Gibraltar to the EU or placed on the market in an EU country (except licensed prescription medicines accompanied by a prescription by a GHA approved professional, in a quantity not exceeding 90 days of treatment: footnote to Article 256(4)(c)), and so that economic operators comply with the labelling requirement provided for in Article 256 (Article 256(4)(a) to (c)). Article 268 reads that reference as including an act that replaces Directive 2001/83/EC, so, if the Directive is adopted, which medicines from the UK count under that exception could change (the texts read do not show whether the definition would differ). For medicines not allowed under that exception, the UK, for Gibraltar, must have in place and effectively apply laws so that they may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether the new Directive counts among them is not settled). Whether it also reaches goods coming from Spain or the rest of the EU under the customs union the texts read do not show.

Residents: Under Article 256(4), the UK, for Gibraltar, may allow medicines for human use authorised in the UK, with a 'UK only' label and no EU unique identifier, to be placed on the market in Gibraltar, if it also has effective monitoring and enforcement so they cannot be moved to the EU or placed on the market in an EU country (except licensed prescription medicines accompanied by a prescription by a GHA approved professional, in a quantity not exceeding 90 days of treatment: footnote to Article 256(4)(c)), and so that economic operators comply with the labelling requirement provided for in Article 256. Medicines placed on the market in Gibraltar, which residents buy or are prescribed, may come under that exception. If the new Directive is adopted, the definition of medicines that the exception uses could change (Article 268); the texts read do not show whether it would.

Businesses: Gibraltar businesses that place medicines on the market could be affected. Under Article 256(4), the UK, for Gibraltar, may allow medicines authorised in the UK, with a 'UK only' label and no EU unique identifier, only if it also has effective monitoring and enforcement so they cannot be moved to the EU or placed on the market in an EU country (except licensed prescription medicines accompanied by a prescription by a GHA approved professional, in a quantity not exceeding 90 days of treatment: footnote to Article 256(4)(c)), and so that economic operators comply with the labelling requirement provided for in Article 256. If the new Directive is adopted and replaces Directive 2001/83/EC, the definition these rules use could change (Article 268). For medicines not allowed under that exception, Article 256(1) applies: the UK, for Gibraltar, must have in place and effectively apply laws so that they may be placed on the market in Gibraltar only if they meet the relevant EU rules; whether the new Directive counts among them is not settled.

Government of Gibraltar: Under Article 256(1), the UK, for Gibraltar, must have in place and effectively apply laws making sure goods are produced or placed on the Gibraltar market only if they meet the relevant EU rules. Under Article 256(4), it may allow 'UK only' medicines only if, among the other conditions, it has taken effective monitoring and enforcement measures, by audits and inspections, so they cannot be moved from Gibraltar to the EU or placed on the market in an EU country (except licensed prescription medicines accompanied by a prescription by a GHA approved professional, in a quantity not exceeding 90 days of treatment: footnote to Article 256(4)(c)), and so that economic operators comply with the labelling requirement provided for in Article 256. If the Directive is adopted, the definition of medicines those measures cover could change (Article 268), and the UK, for Gibraltar, could need to review its medicines law and checks. Whether the new Directive counts under Article 256(1) is not settled.

Row of the watch list: An act the treaty cites: 32001L0083; P13 Industrial policy and internal market

The treaty’s words quoted (4)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(4): “Notwithstanding paragraph 1 of this Article, the United Kingdom, in respect of Gibraltar, may allow medicinal products for human use as defined in point 2 of Article 1 of Directive 2001/83/EC of the European Parliament and of the Council”
  • Article 256(4) (conditions): “provided that all of the following conditions are fulfilled:”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”

Link to this entry

50EUEnvironment, climate and carbon pricing

Extending the EU carbon border adjustment mechanism to downstream goods and adding anti-circumvention measures: Commission proposal COM(2025) 989 final

Applies after a step This is a proposal, so it could matter only if it is adopted. Even then, the treaty's list of EU rules for Gibraltar, which names the EU carbon border adjustment mechanism, would have the UK, for Gibraltar, apply the mechanism only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 15 September 2026 No date ahead given

Official text

Title: Amending Regulation (EU) 2023/956 as regards the extension of its scope to downstream goods and anti-circumvention measures

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Environment, Climate and Food Safety (ENVI); other committees ITRE, INTA, BUDG

Stage and date: Latest key event on the Legislative Observatory page: Matter referred back to the committee responsible for interinstitutional negotiations (15 September 2026). Status shown: Awaiting Parliament's position in 1st reading.

What the text says: A Regulation that amends Regulation (EU) 2023/956 (the carbon border adjustment mechanism) to extend its scope to downstream steel and aluminium-intensive goods and to add anti-circumvention measures (proposal Article 1).

Touches: Annex 20 point 1(h), Article 247(1)

Text read: Legislative Observatory procedure page (source), 9,117 characters, fetched 9 October 2026 00:51, checksum 7d310b466b77; Commission proposal from the Publications Office open data (source), 201,941 characters, fetched 9 October 2026 00:59, checksum f2b195835cab.

Why it could matter to Gibraltar

The treaty's list of EU rules for Gibraltar names EU legislation setting up a carbon border adjustment mechanism. This proposal amends the EU regulation that sets up that mechanism.

Now, or after which condition: The EU rules listed in the treaty for Gibraltar, including the carbon border adjustment mechanism, apply only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes the decision, and is to set out in more detail which acts are on it. Until that decision enters into force, Gibraltar counts as a third territory (outside the EU) for EU customs, indirect tax and trade rules. The list brings in only the EU acts needed to avoid distortions with the neighbouring region. The version applied is the one in force in the EU at the time. This is a proposal, not law unless adopted.

Why: This proposal would widen the EU carbon border adjustment mechanism to downstream goods that contain a lot of steel or aluminium, and add measures against getting round the mechanism. It is a proposal only and matters only if it is adopted. The treaty's list of EU rules for Gibraltar names the mechanism, but that list applies only after the Cooperation Council's decision on the EU customs and goods rules. Gibraltar businesses that bring in such goods could then be affected. The texts read do not settle whether the mechanism could already apply to such goods when they are cleared at a designated customs post before that decision.

Where it touches Gibraltar: Goods coming from the UK. Once the treaty applies, goods from the UK come from outside the customs union formed by the EU's customs territory and Gibraltar's. If this proposal is adopted, some downstream goods from the UK that contain a lot of steel or aluminium could fall under the widened carbon border adjustment mechanism when brought into Gibraltar. These are the goods this proposal adds to the mechanism's list of goods. Through the treaty's list of EU rules for Gibraltar, this could happen only after the Cooperation Council's decision on the EU customs and goods rules, and only as far as needed to avoid distortions with the neighbouring region. The texts read do not settle whether the mechanism could already apply to such goods when they are cleared at a designated customs post before that decision.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a proposal, so it could matter only if it is adopted; even then, Annex 20 point 1(h) would have the UK, for Gibraltar, apply the carbon border adjustment mechanism only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). Annex 20 point 1(h) names 'Union legislation establishing a carbon border adjustment mechanism'; the proposal amends Regulation (EU) 2023/956.

Now, or after which condition: Annex 20 applies only if the Cooperation Council adopts the decision in Article 247(1); that decision must specify the date from which Annex 20 applies and declare that border control posts and customs offices are established in the port and airport, operate and are controlled in accordance with the modalities and procedures set out in that decision, and that competent authorities within the EU are designated (Article 247(1)(a) and (b)); the Cooperation Council may amend the Annex 20 list when adopting it (Article 247(2)) and is to determine the Annex 20 provisions in greater detail (Annex 20 point 2); until that decision enters into force, Gibraltar is regarded as a third territory under EU customs, indirect taxation and trade-related law (Article 247(5)). Annex 20 point 1 applies EU acts 'as necessary to avoid distortions with the neighbouring region in relation to Article 247(1)', and 'the provisions referred to in this paragraph shall be those applicable at the time in the Union'. Stage: proposal, not law unless adopted.

Why: This proposal would widen the EU carbon border adjustment mechanism to downstream steel and aluminium-intensive goods and add anti-circumvention measures. It is a proposal only and matters only if it is adopted. Annex 20 point 1(h) lists the mechanism, but Annex 20 applies only once the Cooperation Council adopts the decision in Article 247(1). Gibraltar businesses that bring in such goods could then be affected. The texts read do not settle whether the mechanism could already apply to such goods when they are cleared at a designated customs post before that decision.

Where it touches Gibraltar: Goods coming from the UK. Once that treaty applies (Article 336), goods from the UK come from outside the customs union formed by the EU's customs territory and Gibraltar's (Article 241). If the proposal is adopted, downstream steel and aluminium-intensive goods from the UK that the proposal adds to the mechanism's list (Annex I to Regulation (EU) 2023/956) could fall under the widened carbon border adjustment mechanism when brought into Gibraltar. Through Annex 20, this could happen only once the Cooperation Council adopts the decision in Article 247(1), and only as far as needed to avoid distortions with the neighbouring region (Annex 20 point 1, opening words, and point 1(h)). The texts read do not settle whether the mechanism could already apply to such goods when they are cleared at a designated customs post before that decision (Annex 21 Article 1(2)).

Businesses: Gibraltar businesses that bring in downstream steel and aluminium-intensive goods could face the widened mechanism. This could happen only if the proposal is adopted. Through Annex 20, it could happen only once the Cooperation Council adopts the decision in Article 247(1). The texts read do not settle whether the mechanism could already apply to such goods when they are cleared at a designated customs post before that decision (Annex 21 Article 1(2)).

Government of Gibraltar: Annex 20 point 1 says the EU acts it covers are applied in the UK, for Gibraltar. The UK, for Gibraltar, could then have to apply the widened mechanism and its anti-circumvention measures to goods brought into Gibraltar. This could involve Gibraltar's customs or other public authorities. It could arise only if the proposal is adopted and only once the Cooperation Council adopts the decision in Article 247(1).

Row of the watch list: P02 Customs union and free movement of goods; P15 Environment, consumers and health protection

The treaty’s words quoted (6)
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(h): “Union legislation establishing a carbon border adjustment mechanism;”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision: (a) specifying the date as from which the provisions of Union law listed in Annex 20 apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar; and (b) declaring that border control posts and customs offices have been established in the port and airport and that they operate and are controlled in accordance with modalities and procedures set out in that decision and that competent authorities within the Union have been designated.”
  • Article 247(2): “When adopting the decision referred to in paragraph 1, the Cooperation Council may amend the list of provisions of Union law in Annex 20.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Article 247(5): “Until the entry into force of the decision referred to in paragraph 1, Gibraltar shall be regarded as a third territory under Union customs, indirect taxation and trade-related law.”

Link to this entry

23EUProduct rules and goods placed on the market

EU simplification of rules for chemical products: Commission proposal COM(2025) 531 final

Applies after a step This is a proposal only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if the changed rules count among those rules (this is not settled). It could also come through the treaty's list of EU product rules, which names chemicals, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 22 October 2026 No date ahead given

Official text

Title: Amending Regulations (EC) No 1272/2008, (EC) No 1223/2009 and (EU) 2019/1009 as regards simplification of certain requirements and procedures for chemical products

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Environment, Climate and Food Safety (ENVI), Internal Market and Consumer Protection (IMCO); other committees AGRI

Stage and date: Latest key events on the Legislative Observatory page, all on 22 October 2026: Decision by Parliament, 1st reading (T10-0362/2026); Results of vote in Parliament; Debate in Parliament. Status shown: Awaiting Council's 1st reading position. The page shows no forecast.

What the text says: A Regulation simplifying requirements for chemical products: it amends Regulations (EC) No 1272/2008 (classification, labelling and packaging), (EC) No 1223/2009 (cosmetic products) and (EU) 2019/1009 (fertilising products), for example by adding a 'digital contact' for suppliers on labels.

Touches: Article 256(1), Annex 20 point 1(e) (chemicals), Article 219(4) and Gibraltar's Chemicals Regulations 2026 ()

Text read: Legislative Observatory procedure page (source), 8,770 characters, fetched 9 October 2026 00:49, checksum 883567a14ce9; Commission proposal from the Publications Office open data (source), 165,845 characters, fetched 9 October 2026 00:58, checksum c5c67830bd35.

Why it could matter to Gibraltar

This proposal changes some rules and procedures for chemical, cosmetic and fertilising products, including what must be shown on the labels of hazardous chemicals and on the packaging of fertilising products, or in a document that goes with fertilising products supplied without packaging. The treaty names chemicals among the EU product rules it lists for Gibraltar. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on putting goods on the market.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day. The part of the treaty that holds the goods rule stops applying if the administrative arrangements the treaty names, including those under its protocol on social security coordination, are suspended or ended. It applies again when they are restored. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not apply in some cases, for example to goods produced in Gibraltar only for export outside Gibraltar or the EU without first being put on the Gibraltar or EU market. The treaty's list of EU product rules, requirements and standards for the EU's internal market applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The other entries give the conditions for that list in full. Gibraltar's Chemicals Regulations 2026 define the EU rules on classification, labelling and packaging of chemicals, as amended from time to time, which this proposal would amend.

Why: This is a proposal only. The European Parliament voted at first reading on 22 October 2026, and the Council's first-reading position is awaited. If adopted, this proposal would change rules and procedures for chemical, cosmetic and fertilising products, for example by adding a digital contact to the labels of hazardous chemicals and to the packaging of fertilising products (or to a document that goes with them when they are supplied without packaging). It could change what Gibraltar businesses must show on these goods under the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules. That is only if the changed rules count among those relevant EU rules. The treaty's list of EU product rules, which names chemicals, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these rules count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. If adopted as the European Commission proposed, this proposal would change rules for chemical, cosmetic and fertilising products. For example, suppliers would have to give an address and a digital contact, instead of an address and telephone number, on the label of the packaging of hazardous substances and mixtures. The text agreed in committee was not among the texts read and may differ. Once the treaty applies, the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these rules count among them is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a proposal only, so it could reach Gibraltar only if adopted. It could then come through Article 256(1), if it counts among the relevant EU rules on goods (this is not settled). It could also come through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). Changes rules and procedures for chemical, cosmetic and fertilising products, including the label content of hazardous substances and mixtures and what must be shown on the packaging of EU fertilising products (or in a document accompanying them when supplied without packaging): chemicals are named in Annex 20 point 1(e) and Article 256(1) covers rules on placing goods on the market.

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The Parties may agree to apply the treaty provisionally earlier (Article 336(2) and (4)), and Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts again when they are restored. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in an EU country compliant, and Article 256(3) lists exceptions (for example goods produced in Gibraltar exclusively for export 'without being first placed on the Gibraltar or Union markets'). Annex 20 point 1(e) ('Union acts setting product rules, requirements and standards applicable in the Union's internal market') applies only after the Article 247(1) decision (see its conditions in the other entries). Gibraltar's Legal Notice 183/2026 defines the CLP Regulation.

Why: This is a proposal only. The European Parliament voted at first reading on 22 October 2026 (decision T10-0362/2026), and the Council's first-reading position is awaited. If adopted, it would change rules and procedures for chemical, cosmetic and fertilising products, for example by adding a digital contact to the labels of hazardous substances and mixtures and to the packaging of EU fertilising products (or to a document accompanying them when supplied without packaging). It could change what Gibraltar businesses must show on these goods under Article 256(1) of that treaty, if it counts among the relevant EU rules on goods. Annex 20 point 1(e) could matter only once the Cooperation Council adopts the decision in Article 247(1).

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these rules count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. If adopted as the Commission proposed, it would change rules for chemical, cosmetic and fertilising products; for example, suppliers would have to give an address and a digital contact, instead of an address and telephone number, on the label of the packaging of hazardous substances and mixtures (the text agreed in committee was not among the texts read and may differ). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)).

Businesses: Gibraltar businesses that produce or sell chemical, cosmetic or fertilising products could have to follow changed rules, for example by adding a digital contact to the labels of hazardous chemicals or to the packaging of fertilising products (or to a document that goes with them when they are supplied without packaging). This could happen only if the proposal is adopted and the changed rules count among the EU rules on goods under Article 256(1). It could also happen under Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1).

Government of Gibraltar: Gibraltar's Chemicals Regulations 2026 (Legal Notice 183/2026) refer to the EU classification, labelling and packaging rules, as amended from time to time. If the proposal is adopted, the Government of Gibraltar may need to check how the change fits those Regulations. If the changed rules count among the EU rules on goods under Article 256(1), Gibraltar's public authorities may also need to apply and enforce them.

Row of the watch list: An act the treaty cites: 32009R1223; G-LN-183 LN 183/2026 Chemicals Regulations 2026

The treaty’s words quoted (11)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision: (a) specifying the date as from which the provisions of Union law listed in Annex 20 apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar; and (b) declaring that border control posts and customs offices have been established in the port and airport and that they operate and are controlled in accordance with modalities and procedures set out in that decision and that competent authorities within the Union have been designated.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Article 219(4): “The United Kingdom, in respect of Gibraltar, shall uphold environmental and climate levels of protection that are equivalent to the levels in place in the Union, including by effectively enforcing environmental and climate law applicable to and in Gibraltar.”
  • Gibraltar Legal Notice 183 of 2026 (CLP): “the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, as amended from time to time;”

Link to this entry

25EUProduct rules and goods placed on the market

EU digitalisation of obligations in product regulations: Commission proposal COM(2025) 504 final

Applies after a step This is a proposal only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if the changed rules count among those rules (this is not settled). It could also come through the treaty's list of EU product rules, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 14 July 2026 Date ahead: Indicative European Parliament plenary date (Legislative Observatory forecast) 23 November 2026

Official text

Title: Amending Regulations (EU) No 765/2008, (EU) 2016/424, (EU) 2016/425, (EU) 2016/426, (EU) 2023/1230, (EU) 2023/1542 and (EU) 2024/1781 as regards digitalisation and common specifications

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Internal Market and Consumer Protection (IMCO); other committees ENVI

Stage and date: Latest key event on the Legislative Observatory page: Approval in committee of the text agreed at 1st reading interinstitutional negotiations (14 July 2026). Status shown: Awaiting Parliament's position in 1st reading. Observatory forecast: indicative plenary sitting date, 1st reading, 23 November 2026.

What the text says: A Regulation that digitalises and rationalises obligations in the product Regulations on cableway installations (2016/424), personal protective equipment (2016/425), gas appliances (2016/426), machinery (2023/1230), batteries (2023/1542), ecodesign (2024/1781) and market surveillance (765/2008), and allows common specifications.

Touches: Article 256(1), Annex 20 point 1(e)

Text read: Legislative Observatory procedure page (source), 7,554 characters, fetched 9 October 2026 00:50, checksum 41dd88a3bc6e; Commission proposal from the Publications Office open data (source), 159,461 characters, fetched 9 October 2026 00:59, checksum 1929e67c333c.

Why it could matter to Gibraltar

This proposal changes what makers and importers must draw up, give or show with some products, such as personal protective equipment, gas appliances, machinery and batteries: the EU declaration that the product meets the rules would be drawn up only in electronic form, a digital contact would be added to the postal address, and instructions could be given in electronic form. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar includes EU product rules. The proposal also adds common specifications to the EU rules on accreditation of the bodies that check products; whether that part counts among the relevant EU rules the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not apply in some cases, for example to goods produced in Gibraltar only for export outside Gibraltar or the EU without first being put on the Gibraltar or EU market. The treaty's list of EU product rules, requirements and standards for the EU's internal market applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region. If adopted as proposed, the changes for machinery would apply from 20 January 2027 and most of the other digital changes two years after the new rules enter into force. For products other than machinery, EU countries could not stop the supply of products put on the market under the earlier rules before that later date.

Why: This is a proposal only. The text agreed in negotiations between the European Parliament and the Council of the EU was approved in a Parliament committee on 14 July 2026 and is waiting for the Parliament's first-reading vote, with an indicative date of 23 November 2026. If adopted, this proposal would change what makers and importers must draw up, give or show with products such as personal protective equipment, gas appliances, machinery and batteries. For example, the EU declaration that a product meets the rules would be drawn up only in electronic form, and a digital contact would be added to the postal address. Instructions could be given in electronic form, but safety information for consumers would still be given on paper or, in some cases, shown on the product or its packaging. It could change what Gibraltar businesses must provide with these goods under the treaty's goods rule, if the changed rules count among the relevant EU rules there, which is not settled. The treaty's list of EU product rules could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these rules count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. If adopted as the European Commission proposed, this proposal would change what makers and importers must draw up, give or show with products such as personal protective equipment, gas appliances, machinery and batteries. For example, makers would draw up the EU declaration that a product meets the rules only in electronic form, and would give a digital contact as well as a postal address. The text agreed in committee was not among the texts read and may differ. Once the treaty applies, the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these rules count among them is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a proposal only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if the changed rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled). It could also come through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The proposal would change what manufacturers and importers must draw up, give or show with products under Regulations (EU) 2016/424, 2016/425, 2016/426, 2023/1230, 2023/1542 and 2024/1781, for example an EU declaration of conformity 'in electronic form' and a 'postal address and digital contact' (proposal Articles 2 to 7), and it would add common specifications to the accreditation rules of Regulation No 765/2008 (proposal Article 1). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods', and Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market'. Whether these Regulations count among the relevant rules under Article 256(1), and whether the accreditation changes do, the texts read do not say.

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar, and Article 256(3) lists exceptions (for example goods produced in Gibraltar exclusively for export 'without being first placed on the Gibraltar or Union markets'). Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2). As proposed, the changes to Regulation (EU) 2023/1230 on machinery would apply from 20 January 2027 and most of the other digital changes 24 months after entry into force; EU countries could not stop the making available of products placed on the market before that later date under the earlier version of Regulations (EU) 2016/424, 2016/425, 2016/426, 2023/1542 and 2024/1781 (proposal Articles 8 and 9).

Why: This is a proposal only. The text agreed in the first-reading negotiations was approved in a European Parliament committee on 14 July 2026 and awaits the Parliament's first-reading position, with an indicative plenary date of 23 November 2026; that agreed text was not among the texts read and may differ. As the Commission proposed it, it would amend seven EU Regulations on products and on accreditation: manufacturers would draw up the EU declaration of conformity only in electronic form; manufacturers and importers would give a digital contact as well as a postal address (for example on personal protective equipment, gas appliances and batteries); instructions could be given in electronic form, while safety information for consumers would still be given on paper or, in some cases, shown on the product or its packaging; and the Commission could adopt common specifications where harmonised standards do not exist or are insufficient (proposal Articles 1 to 7). It could change what goods placed on the market in Gibraltar must carry or come with under Article 256(1), if these rules count among the relevant EU rules there (not settled). Annex 20 point 1(e) could matter only once the Cooperation Council adopts the decision in Article 247(1).

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these rules count among the relevant EU rules that goods placed on the market in Gibraltar must meet, and that is not settled. If adopted as the Commission proposed, it would change what manufacturers and importers must draw up, give or show with products under the EU Regulations it amends, such as personal protective equipment, gas appliances, machinery and batteries; for example, manufacturers would draw up the EU declaration of conformity only in electronic form and give a digital contact as well as a postal address (proposal Articles 3, 4 and 6). The text agreed in committee was not among the texts read and may differ. Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)).

Businesses: Gibraltar businesses that make, import or sell personal protective equipment, gas appliances, machinery, batteries or other products under these EU Regulations could have new duties, for example to give a digital contact as well as a postal address, or to provide the EU declaration of conformity only in electronic form. This could happen only if the proposal is adopted. It could then happen under Article 256(1), if the changed rules count among the relevant EU rules there, which is not settled. For goods from the UK, it could also happen when they are cleared at a designated customs post under the EU rules that would apply in the EU, including product rules, once that treaty applies and until the decision in Article 247(1) enters into force (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). It could also happen under Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1).

Government of Gibraltar: Under Article 256(1), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules. If this proposal is adopted and the changed rules count among those rules, which is not settled, those laws and how they are applied could need to change. The same could follow under Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1).

Row of the watch list: P13 Industrial policy and internal market

The treaty’s words quoted (9)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision: (a) specifying the date as from which the provisions of Union law listed in Annex 20 apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar; and (b) declaring that border control posts and customs offices have been established in the port and airport and that they operate and are controlled in accordance with modalities and procedures set out in that decision and that competent authorities within the Union have been designated.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”

Link to this entry

27EUProduct rules and goods placed on the market

EU simplification of food, feed and plant protection rules: Commission proposal COM(2025) 1030 final

Applies after a step This is a proposal only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if the changed rules count among those rules (this is not settled); some food is left out of that rule. It could also come through the treaty's list of EU product rules, which names sanitary and phytosanitary measures, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 27 April 2026 Date ahead: Indicative European Parliament plenary date (Legislative Observatory forecast) 23 November 2026

Official text

Title: Amending Regulations (EC) No 999/2001, (EC) No 1829/2003, (EC) No 1831/2003, (EC) No 852/2004, (EC) No 853/2004, (EC) No 396/2005, (EC) No 1099/2009, (EC) No 1107/2009, (EU) No 528/2012, (EU) 2017/625 as regards the simplification and strengthening of food and feed safety requirements

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Environment, Climate and Food Safety (ENVI), Agriculture and Rural Development (AGRI); other committees IMCO, BUDG

Stage and date: Latest key event on the Legislative Observatory page: Committee referral announced in Parliament, 1st reading (27 April 2026). Status shown: Awaiting committee decision. Observatory forecast: indicative plenary sitting date, 1st reading, 23 November 2026.

Two dates: Swiftsure's tracker records 'committee tabling amendment (first reading)' on 28 July 2026; the Observatory page lists the date 28 July 2026 in its documentation gateway as 'Amendments tabled in committee, reference PE790.946', not as a key event. The section shows the Observatory's own date (27 April 2026).

What the text says: A Regulation simplifying rules on food, feed, plant protection and official controls, amending Regulations (EC) No 999/2001, (EC) No 1829/2003, (EC) No 1831/2003, (EC) No 852/2004, (EC) No 853/2004, (EC) No 396/2005, (EC) No 1099/2009, (EC) No 1107/2009, (EU) No 528/2012 and (EU) 2017/625 (for example one notification procedure for national measures and plant health certificates for mixed consignments).

Touches: Article 256(1) and (3), Annex 20 point 1(e) (sanitary and phytosanitary measures)

Text read: Legislative Observatory procedure page (source), 10,024 characters, fetched 9 October 2026 00:51, checksum 3152e5a069cd; Commission proposal from the Publications Office open data (source), 306,676 characters, fetched 9 October 2026 00:56, checksum 6ea09e8a72fa.

Why it could matter to Gibraltar

This proposal changes EU rules on food, feed, plant protection products, biocides, pesticide residues and official controls, including the checks on plants and plant products at the EU's border control posts. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market. The treaty's list of EU rules for Gibraltar names sanitary and phytosanitary measures. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK cleared for Gibraltar at a designated customs post are cleared under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; the sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Whether this proposal, or which parts of it, count among the relevant EU rules under the goods rule the texts read do not say.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover goods produced in Gibraltar only for export without first being put on the Gibraltar or EU market. It does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. The competent authorities of the UK, for Gibraltar, must carry out official controls and checks on that food. The treaty's list of EU product rules, requirements and standards for the EU's internal market, which names sanitary and phytosanitary measures, applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a proposal only, waiting for a European Parliament committee decision; no date ahead is given. If adopted, it would change ten EU laws on food and feed safety. For example, approvals of the active substances in plant protection products and biocides would no longer expire, with exceptions. Professional users would not have to keep records of plant protection products whose only active substances are biocontrol substances. Some label information on feed additives could be given by digital means. And the EU's border control posts could split consignments of plants and plant products to release the parts already checked. It could change what goods put on the market in Gibraltar must meet under the treaty's goods rule, if the changed rules count among the relevant EU rules there, which is not settled; some food is left out of that rule. The treaty's list of EU product rules, which names sanitary and phytosanitary measures, could matter only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these rules count among the relevant EU rules that goods put on the market in Gibraltar must meet, and that is not settled. If adopted as the European Commission proposed, the EU's border control posts could split consignments of plants and plant products before finishing the checks on the whole consignment, to release the parts already checked. It would also change rules that products must meet. For example, some label information on feed additives, such as the batch number and date of manufacture, could be given by digital means. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures. Those sanitary and phytosanitary checks are carried out where the goods first enter the EU, when EU law requires them. Once the treaty applies, the UK, for Gibraltar, must also have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these rules count among them is not settled, and some food is left out of that rule.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a proposal only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if the changed rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled); Article 256(3) leaves some food out of those rules. It could also come through Annex 20 point 1(e), which names sanitary and phytosanitary measures, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The proposal changes EU rules on food, feed, plant protection products, biocides, pesticide residues and official controls, including official controls at border control posts on plants and plant products entering the EU (proposal Article 11, amending Article 50(3) of Regulation (EU) 2017/625). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods'; Annex 20 point 1(e) names 'sanitary and phytosanitary measures'; and Article 239(c) counts 'sanitary and phytosanitary measures as provided for in Union law' among the customs clearance formalities which, once that treaty applies and until the decision in Article 247(1) enters into force, are carried out for goods from the UK, other than goods carried by travellers in their personal luggage, at a designated customs post (Article 247(3); Annex 21 Article 1(1) and (2)), except that sanitary and phytosanitary formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)). Whether the act, or which of its provisions, counts among the relevant rules under Article 256(1) the texts read do not say.

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) excludes from the paragraph 1 rules goods produced in Gibraltar exclusively for export, food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry; the competent authorities of the UK, for Gibraltar, carry out official controls and surveillance measures on that food. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2).

Why: This is a Commission proposal only, waiting for a European Parliament committee decision; the Legislative Observatory page gives no date ahead. If adopted, it would amend ten EU Regulations on food and feed safety, for example: approvals of active substances in plant protection products and in biocides would become unlimited in time, with exceptions; authorisations of feed additives would be valid for an unlimited period, except coccidiostats and histomonostats; professional users would not have to keep records of plant protection products whose only active substances are biocontrol substances; some label information on feed additives and premixtures could be given by digital means; and border control posts could split consignments of plants and plant products to release the parts already checked (proposal Articles 1, 4, 6 and 11). It could change what goods placed on the market in Gibraltar must meet under Article 256(1), if these rules count among the relevant EU rules there (not settled); Article 256(3) leaves some food out of those rules. Annex 20 point 1(e), which names sanitary and phytosanitary measures, could matter only once the Cooperation Council adopts the decision in Article 247(1).

Where it touches Gibraltar: Goods coming from the UK. Whether it also reaches goods coming from Spain or the rest of the EU under the customs union is not shown: that would depend on whether these rules count among the relevant EU rules that goods placed on the market in Gibraltar must meet, and that is not settled. If adopted as the Commission proposed, the competent authorities at the EU's border control posts could split consignments of plants and plant products before completing the official controls on the whole consignment, to release the parts for which controls have been finalised (proposal Article 11, point (2), replacing Article 50(3) of Regulation (EU) 2017/625). It would also change rules that products must meet, for example by allowing some label information on feed additives and premixtures (the name and address of the person responsible for the labelling particulars, where applicable the approval number of the establishment, and the batch reference number and date of manufacture) to be given by digital means (proposal Article 6). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules and sanitary and phytosanitary measures; sanitary and phytosanitary formalities are carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled; Article 256(3) leaves some food out).

Businesses: If the proposal is adopted, Gibraltar businesses that produce or sell food, feed, plant protection products or biocides could have to meet changed rules. This could come through Article 256(1), if the act counts among the relevant EU rules there, which is not settled. It could also come through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1). Under Article 256(3), the Article 256(1) rules leave out food produced in Gibraltar, or prepared, processed or repacked by retail establishments there, and placed on the market there for local consumption (not spirit drinks; prepacked food must be labelled 'Not for EU'). They also leave out imported food, but only as regards its transport, storage and distribution after it enters Gibraltar.

Government of Gibraltar: Article 256(1) requires the UK, for Gibraltar, to have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules. If the proposal is adopted and counts among those rules, which is not settled, those laws could need to change. Annex 20 point 1(e) could also carry it, but only once the Cooperation Council adopts the decision in Article 247(1). Under Article 256(3), the competent authorities of the UK, for Gibraltar, must carry out official controls and surveillance measures on the food left out under its points (b) and (c).

Row of the watch list: P0350 Food, animal and plant health (inside chapter 03 Agriculture); P13 Industrial policy and internal market

The treaty’s words quoted (11)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision: (a) specifying the date as from which the provisions of Union law listed in Annex 20 apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar; and (b) declaring that border control posts and customs offices have been established in the port and airport and that they operate and are controlled in accordance with modalities and procedures set out in that decision and that competent authorities within the Union have been designated.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Article 256(3)(b): “food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption”
  • Article 256(3)(c): “food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”

Link to this entry

28EUProduct rules and goods placed on the market

EU simplification of medical device rules: Commission proposal COM(2025) 1023 final

Applies after a step This is a proposal only, so it can matter only once it is adopted. It would amend the EU's 2017 regulations on medical devices and on in vitro diagnostic medical devices, which the treaty names in its goods rules. The treaty reads its references to those two regulations in those goods rules as including later amendments. Whether the treaty's general goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, also carries this proposal is not settled.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 25 March 2026 Date ahead: Indicative European Parliament plenary date (Legislative Observatory forecast) 14 December 2026

Official text

Title: Amending Regulations (EU) 2017/745 and (EU) 2017/746 as regards simplifying and reducing the burden of the rules on medical devices and in vitro diagnostic medical devices, and amending Regulation (EU) 2022/123 as regards the support of the European Medicines Agency for the expert panels on medical devices and Regulation (EU) 2024/1689 as regards the list of Union harmonisation legislation referred to in its Annex I

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Public Health (SANT); other committees BUDG, IMCO

Stage and date: Latest key event on the Legislative Observatory page: Committee referral announced in Parliament, 1st reading (25 March 2026). Status shown: Awaiting committee decision. Observatory forecast: indicative plenary sitting date, 1st reading, 14 December 2026.

Two dates: Swiftsure's tracker records 'committee tabling amendment (first reading)' on 28 July 2026; the Observatory page lists the date 28 July 2026 in its documentation gateway as 'Amendments tabled in committee, reference PE791.887', not as a key event. The section shows the Observatory's own date (25 March 2026).

What the text says: A Regulation simplifying the rules on medical devices and in vitro diagnostic medical devices: it amends Regulations (EU) 2017/745 and (EU) 2017/746 (for example Article 1(2) and (4) of Regulation (EU) 2017/745), aiming to reduce burden on manufacturers and make certification by notified bodies more predictable.

Touches: Article 256(1), (5) and (6)

Text read: Legislative Observatory procedure page (source), 8,557 characters, fetched 9 October 2026 00:49, checksum a71df836e766; Commission proposal from the Publications Office open data (source), 524,221 characters, fetched 9 October 2026 00:58, checksum 12b583d6dd6b.

Why it could matter to Gibraltar

The treaty uses the EU's 2017 regulations on medical devices and on in vitro diagnostic medical devices to define which devices fall under one of its exceptions. That exception lets the UK, for Gibraltar, allow the import of such devices into Gibraltar, but only if conditions the treaty sets are met. This proposal amends both regulations, including the definitions the treaty points to.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule does not wait for the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day. The part of the treaty that holds the goods rule stops applying if the administrative arrangements the treaty names, including those under its protocol on social security coordination, are suspended or ended. It applies again when they are restored. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not apply in some cases, for example to goods produced in Gibraltar only for export outside Gibraltar or the EU without first being put on the Gibraltar or EU market. The part of the treaty's list that covers EU product rules, requirements and standards for the EU's internal market applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The treaty's medical devices exception is a permission, not a duty: the UK, for Gibraltar, may allow the import of devices lawfully placed on the UK market, for bodies under the Gibraltar Health Authority, on five conditions the treaty sets.

Why: This is a European Commission proposal only, so it can matter only if it is adopted. It would change the EU medical device rules, including definitions that the treaty's medical devices exception uses. That could change which devices the UK, for Gibraltar, may allow to be imported for the Gibraltar Health Authority on the conditions the treaty sets for that exception. Whether it also changes the rules that Gibraltar suppliers follow under the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, is not settled.

Where it touches Gibraltar: Goods coming from the UK. The treaty says the UK, for Gibraltar, may allow the import of medical devices, their accessories and in vitro diagnostic medical devices that may lawfully be placed on the market in the UK. This is for bodies under the direct responsibility of the Gibraltar Health Authority, on the conditions the treaty sets. The treaty defines those products by the definitions in the EU's 2017 regulations on medical devices and on in vitro diagnostic medical devices, and reads those references as including later amendments. This proposal would change those definitions. So, if it is adopted, it could change which products from the UK count as devices under that rule.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a proposal only, so it can matter only once it is adopted. It would amend Regulations (EU) 2017/745 and (EU) 2017/746, which Article 256(5) names. Article 268 reads references to those Regulations in Article 256 as including later amendments. Whether Article 256(1) also carries it is not settled.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). Article 256(5) cites Regulations (EU) 2017/745 and 2017/746 to define devices in that derogation; the proposal amends both, including definitions to which Article 256(5) points.

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The Parties may agree to apply the treaty provisionally earlier (Article 336(2) and (4)), and Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts again when they are restored. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in an EU country compliant, and Article 256(3) lists exceptions (for example goods produced in Gibraltar exclusively for export 'without being first placed on the Gibraltar or Union markets'). Annex 20 point 1(e) ('Union acts setting product rules, requirements and standards applicable in the Union's internal market') applies only after the Article 247(1) decision (see its conditions in the other entries). Article 256(5) is a derogation: the UK, for Gibraltar, 'may allow' the import of devices lawfully placed on the UK market, for entities under the Gibraltar Health Authority, on conditions (a) to (e).

Why: This is a Commission proposal only, so it can matter only if it is adopted. It would change the EU medical device rules, including definitions that Article 256(5) uses. That could change which devices the UK, for Gibraltar, may allow to be imported for the Gibraltar Health Authority on the conditions in Article 256(5). Whether it also changes the rules that Gibraltar suppliers follow under Article 256(1) is not settled.

Where it touches Gibraltar: Goods coming from the UK. Article 256(5) says the UK, for Gibraltar, may allow the import of medical devices, their accessories and in vitro diagnostic medical devices that may lawfully be placed on the market in the UK, for bodies under the direct responsibility of the Gibraltar Health Authority, on its conditions. It defines those products by Article 2 of Regulations (EU) 2017/745 and (EU) 2017/746, and Article 268 reads those references as including later amendments. The proposal would change those definitions (Article 2, point (1), of Regulation (EU) 2017/745 and Article 2, point (2), of Regulation (EU) 2017/746), so, if it is adopted, it could change which products from the UK count as devices under that rule.

Businesses: Gibraltar businesses that make, import or supply medical devices could face changed EU rules if the proposal is adopted. Whether Article 256(1) carries these rules to Gibraltar is not settled. The proposal aims to reduce the burden on manufacturers and make certification by notified bodies more predictable.

Government of Gibraltar: Article 256(5) lets the UK, for Gibraltar, allow imports of devices for bodies under the direct responsibility of the Gibraltar Health Authority, on conditions that include monitoring by audits and inspections. The proposal would change definitions that rule uses. If it is adopted, the Government of Gibraltar may need to review its law and its checks. Whether Article 256(1) also carries it is not settled.

Row of the watch list: An act the treaty cites: 32017R0745; An act the treaty cites: 32017R0746; P13 Industrial policy and internal market

The treaty’s words quoted (11)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision: (a) specifying the date as from which the provisions of Union law listed in Annex 20 apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar; and (b) declaring that border control posts and customs offices have been established in the port and airport and that they operate and are controlled in accordance with modalities and procedures set out in that decision and that competent authorities within the Union have been designated.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Article 256(5): “Notwithstanding paragraph 1 of this Article, the United Kingdom, in respect of Gibraltar, may allow the import into Gibraltar of medical devices, accessories for medical devices and in vitro diagnostic medical devices as defined in points (1) and (2) of Article 2 of Regulation (EU) 2017/745 of the European Parliament and of the Council”
  • Article 256(5) (second Regulation): “and in points (2) and (4) of Article 2 of Regulation (EU) 2017/746 of the European Parliament and of the Council”
  • Article 256(5) (conditions): “provided that the following conditions are fulfilled:”

Link to this entry

55EUEnvironment, climate and carbon pricing

EU simplification of rules on batteries: Commission proposal COM(2025) 981 final

Applies after a step This is a Commission proposal only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, under which goods produced or put on the market in Gibraltar must meet the relevant EU rules, if the changed battery rules count among those rules, which is not settled. The EU product rules the treaty lists, which name chemicals and waste, could also carry it, but only once the Cooperation Council's decision on the EU customs and goods rules is taken.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 9 February 2026 Date ahead: Indicative European Parliament plenary date (Legislative Observatory forecast) 14 December 2026

Official text

Title: Amending Regulation (EU) 2023/1542 and Regulation (EU) 2024/1244 as regards simplification of some requirements and reduction of administrative burden

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Environment, Climate and Food Safety (ENVI); other committees IMCO, ITRE

Stage and date: Latest key event on the Legislative Observatory page: Committee referral announced in Parliament, 1st reading (9 February 2026). Status shown: Awaiting committee decision. Observatory forecast: indicative plenary sitting date, 1st reading, 14 December 2026.

Two dates: Swiftsure's tracker records 'committee tabling amendment (first reading)' on 15 July 2026; the Observatory page lists the date 15 July 2026 in its documentation gateway as 'Amendments tabled in committee, reference PE790.846', not as a key event. The section shows the Observatory's own date (9 February 2026).

What the text says: A Regulation simplifying Regulation (EU) 2023/1542 (batteries) and Regulation (EU) 2024/1244: definitions, obligations and reporting for batteries and waste batteries.

Touches: Article 219(4) and Gibraltar's Environment (Waste) (Amendment) Regulations 2026 ()

Text read: Legislative Observatory procedure page (source), 7,340 characters, fetched 9 October 2026 00:50, checksum 931c0a7869ea; Commission proposal from the Publications Office open data (source), 77,778 characters, fetched 9 October 2026 00:55, checksum 8d81026ff31d.

Why it could matter to Gibraltar

This proposal would change EU rules that batteries must meet, on what the label must show and on removing and replacing batteries in light means of transport, and would widen who counts as a battery producer. Under the treaty's goods rule, goods produced or put on the market in Gibraltar must meet the relevant EU rules, and the EU product rules the treaty lists name chemicals and waste. Gibraltar's Environment (Waste) (Amendment) Regulations 2026, which the Government of Gibraltar made for the purposes of carrying out the treaty's environment rule, refer to the EU batteries rules as amended from time to time and make breaches of the EU labelling and removability rules for batteries offences.

Now, or after which condition: Nothing changes unless this proposal is adopted; if adopted, it would be directly applicable in every EU country and would enter into force on the twentieth day after its publication. Under the treaty's goods rule, the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules on producing them or putting them on the market; whether these battery rules count among them is not settled. This goods rule does not wait for the Cooperation Council's decision; it applies from the day the treaty enters into force, or from an earlier date if the two sides agree to apply the treaty provisionally, but only if, before that earlier date, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists are in effect and fully carried out, and that certain measures it describes are in place. The part of the treaty that holds the goods rule stops applying while those other administrative arrangements are suspended or ended, and applies again when the suspension is lifted or new arrangements are agreed. Without affecting the goods rule, goods lawfully put on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar, and the treaty lists exceptions, for example goods made in Gibraltar only for export outside Gibraltar or the EU without first being put on the Gibraltar or EU markets. Until the Cooperation Council's decision on the EU customs and goods rules enters into force, goods other than those travellers carry in their personal luggage come into Gibraltar only by land, except that EU goods may also come by sea, and goods from outside the customs union are cleared at a designated customs post under the EU rules that would apply in the EU, including product rules; health checks on food, animals and plants are done instead at the first point of entry into the EU where EU law requires them. Separately, the EU product rules the treaty lists, which name chemicals and waste, apply in Gibraltar only once the Cooperation Council takes that decision. That decision must set the date from which those rules apply in Gibraltar, and declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that the competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which acts are on it. The list covers EU acts and other equivalent legislation as needed to avoid distortions with the neighbouring region, in the version that applies in the EU at the time. Until that decision enters into force, Gibraltar counts as a third territory for EU customs, indirect tax and trade rules. The treaty also requires the UK, for Gibraltar, to keep environmental and climate protection at levels equivalent to those in place in the EU, including by effectively enforcing environmental and climate law in Gibraltar; that rule applies no EU act by itself and does not say from what date the EU level is read. Gibraltar's battery rules start on a date set by another Gibraltar Act, which is not among the texts read.

Why: This is a Commission proposal only, still waiting for a European Parliament committee decision; the Parliament gives 14 December 2026 as an indicative date for its first-reading vote in plenary. If adopted, it would change the EU batteries rules: the label would have to show substances of very high concern present at a concentration of 0.1% by weight or more, other than mercury, cadmium and lead; batteries in light means of transport, and the modules in their packs, would have to be easy for an independent professional to remove and replace; and anyone established elsewhere who sells batteries directly to end users in an EU country would count as a producer, however they sell. It would also end some reporting by livestock and aquaculture operators under the EU rules on reporting industrial emissions. It could change what Gibraltar businesses selling batteries must meet, under the treaty's goods rule if these count among the relevant EU rules, which is not settled, or through Gibraltar's battery rules, which refer to the EU rules as amended from time to time, which is also not settled. The EU product rules the treaty lists could carry it only once the Cooperation Council's decision on the EU customs and goods rules is taken.

Where it touches Gibraltar: Goods coming from the UK; goods coming from Spain or the rest of the EU under the customs union. If adopted as the European Commission proposed, this proposal would change rules batteries must meet: the label would have to show substances of very high concern present at a concentration of 0.1% by weight or more, other than mercury, cadmium and lead, and batteries in light means of transport, and the modules in their packs, would have to be easy for an independent professional to remove and replace. It would also widen who counts as a battery producer. Once the treaty applies, the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules; whether these rules count among them is not settled. Batteries coming from Spain or the rest of the EU would have to meet the changed rules when put on the market in the EU, and goods lawfully put on the market in any EU country are presumed to meet the rules for Gibraltar. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules is taken and enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules; health checks on food, animals and plants are done instead at the first point of entry into the EU where EU law requires them. Gibraltar's Environment (Waste) (Amendment) Regulations 2026 make it an offence to put on the market batteries that do not meet the EU labelling rules, or products whose batteries do not meet the EU removability rules, and refer to the EU batteries rules as amended from time to time; whether that carries this change in is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a Commission proposal only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), under which the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules, if the changed battery rules count among those rules, which is not settled. It could also come through Annex 20 point 1(e), which names chemicals and waste, but only once the Cooperation Council adopts the decision in Article 247(1). Separately, Gibraltar's Legal Notice 159/2026 defines the Batteries Regulation 'as amended from time to time' and makes it an offence to place on the market batteries that do not meet its labelling requirements (Article 13) or products whose portable or LMT batteries do not meet its removability requirements (Article 11); whether that would carry this change into Gibraltar law the texts read do not settle.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The proposal would change product rules for batteries in Regulation (EU) 2023/1542 (the substances a battery label must show, the removability of LMT batteries and who counts as a producer). Under Article 256(1), goods may be 'produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods'; Annex 20 point 1(e) names 'chemicals' and 'waste' among the product rules it lists. Gibraltar's Legal Notice 159/2026, made 'for the purposes of the implementation of Article 219(4)', defines the Batteries Regulation 'as amended from time to time' and makes breaches of its Articles 11 and 13 offences (new regulations 14Y(1)(c) and 14ZK). Regulation (EU) 2024/1244 has no tie in the Gibraltar texts read.

Now, or after which condition: Stage: Commission proposal, not law unless adopted; the Legislative Observatory shows 'Awaiting committee decision', the latest key event 'Committee referral announced in Parliament, 1st reading' on 9 February 2026 and an 'Indicative plenary sitting date, 1st reading' of 14 December 2026. If adopted, it would be 'binding in its entirety and directly applicable in all Member States' and would enter into force on the twentieth day after publication (proposal Article 3). Article 256(1): the UK, for Gibraltar, 'shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods'; whether these battery rules are among them is not settled. Article 256 is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)), or from an earlier date if the Parties agree to apply it provisionally, provided that before that date they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2) and (4)); Title II of Part Three, which holds it, ceases to apply from the day those administrative arrangements are suspended or terminated, and starts applying anew from the day the suspension is lifted or new administrative arrangements are concluded (Article 336(5)). Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with current or future rules for goods to be placed on the market in Gibraltar, and Article 256(3) lists exceptions (for example goods produced in Gibraltar 'exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets'). Until the Article 247(1) decision enters into force, goods other than those carried by travellers in their personal luggage are brought into Gibraltar only by land under Annexes 19, 21, 22 and 24 (Article 247(3)), save that EU goods may also come by sea (Article 247(4)(a)), and goods from outside the customs union are cleared at a designated customs post 'in accordance with those provisions of Union law that would apply if the goods were customs cleared in the Union' (Annex 21 Article 1(1) and (2)), which Article 239(c) says cover 'conformity with product rules, requirements and standards', except that sanitary and phytosanitary clearance formalities are carried out 'at the first entry point of the Union when required by Union legislation' (Annex 21 Article 1(1)). Annex 20 point 1(e) ('Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures') applies only once the Cooperation Council adopts a decision under Article 247(1) that specifies the date from which Annex 20 applies and declares that border control posts and customs offices have been established in the port and airport, that they operate and are controlled in accordance with that decision and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting it (Article 247(2)); the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), in the version in force in the EU at the time, as the Cooperation Council determines 'in greater detail' (Annex 20 point 2); until that decision enters into force, Gibraltar 'shall be regarded as a third territory under Union customs, indirect taxation and trade-related law' (Article 247(5)). Article 219(4): the UK, for Gibraltar, 'shall uphold environmental and climate levels of protection that are equivalent to the levels in place in the Union, including by effectively enforcing environmental and climate law applicable to and in Gibraltar'; it applies no EU act and does not say from what date that level is read; Article 219(1) keeps each Party's right to set its levels of protection 'in a manner consistent with each Party's international commitments, including those under this Chapter'. Legal Notice 159/2026 comes into operation on the Implementation Date, which has the meaning given in section 3 of the Treaty on Gibraltar and the European Union Act 2026 (not among the texts read).

Why: This is a Commission proposal only; the Legislative Observatory shows it 'Awaiting committee decision', with the committee referral announced on 9 February 2026 and an indicative plenary sitting date of 14 December 2026. If adopted as proposed, it would amend Regulation (EU) 2023/1542 on batteries: anyone who sells batteries directly to end users in an EU country while established in another EU country or outside the EU would count as a producer whatever the selling technique, not only for distance contracts (new Article 3(1)(47)(d); recital 6); the substances to be labelled would be the substances of very high concern present at 0.1% weight on weight or more, other than mercury, cadmium and lead (new Annex VI Part A point 8 and new Article 3(1)(69); the explanatory memorandum ties this to the hazardous-substances label of Article 13); products with LMT batteries would have to have those batteries, and the individual modules in the pack, readily removable and replaceable by an independent professional (new Article 11(5)), which the proposal describes as module level instead of cell level; and the Commission's duty to publish a report on the information made available by EU countries would go (Article 76(4)). It would also amend Regulation (EU) 2024/1244 so that operators of livestock production and aquaculture installations no longer report under Article 6(1), first subparagraph, point (d), which the proposal describes as the use of water, energy and relevant raw materials, and EU countries could exempt them from other reporting if they can gather the information by other means (proposal Article 2). Gibraltar's Legal Notice 159/2026 defines the Batteries Regulation 'as amended from time to time', gives 'producer' the meaning in its Article 3(47) and makes breaches of its Articles 11 and 13 offences (new regulations 14C, 14Y(1)(c) and 14ZK); whether the changes would reach Gibraltar's rules the texts read do not settle. No Gibraltar text read names Regulation (EU) 2024/1244.

Where it touches Gibraltar: Goods coming from the UK; goods coming from Spain or the rest of the EU under the customs union. If adopted as the Commission proposed, it would change rules that batteries placed on the market must meet: the substances to be labelled would be the substances of very high concern present at 0.1% weight on weight or more, other than mercury, cadmium and lead (new Annex VI Part A point 8; Article 13 label), and products with LMT batteries would have to have those batteries and the individual modules in the pack readily removable and replaceable by an independent professional (new Article 11(5)); it would also widen who counts as a producer (new Article 3(1)(47)(d)). Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these rules count among them is not settled), and goods lawfully placed on the market in any EU country are presumed compliant with the rules for goods placed on the market in Gibraltar (Article 256(2)); batteries coming from Spain or the rest of the EU would have to meet the changed rules when placed on the market in the EU. Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules, with sanitary and phytosanitary clearance formalities carried out at the first entry point of the EU when EU law requires them (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). Gibraltar's Legal Notice 159/2026 makes it an offence to place on the market or put into service in Gibraltar batteries that do not meet the labelling and marking requirements in Article 13, or products whose portable or LMT batteries do not meet the removability and replaceability requirements in Article 11, of the Batteries Regulation, which it defines 'as amended from time to time' (new regulations 14Y(1)(c) and 14ZK); whether a later amendment is carried in that way the texts read do not settle.

Businesses: Gibraltar businesses that place batteries on the market, or products with portable or LMT batteries, could have to meet changed rules on which substances the battery label must show and on removing and replacing LMT batteries at module level. This could happen only if the proposal is adopted and the changed rules count among the relevant EU rules under Article 256(1), which is not settled, or reach Gibraltar's battery rules through Legal Notice 159/2026, which defines the Batteries Regulation as amended from time to time and makes breaches of its Articles 11 and 13 offences (new regulations 14Y(1)(c) and 14ZK), which is also not settled. Annex 20 point 1(e) could carry it only once the Cooperation Council adopts the decision in Article 247(1). Legal Notice 159/2026 gives 'producer' the meaning in Article 3(47) of the Batteries Regulation (new regulation 14C), which the proposal would widen; how that would read for Gibraltar the texts read do not settle.

Government of Gibraltar: Legal Notice 159/2026, which the Government of Gibraltar made for the purposes of the implementation of Article 219(4), defines the Batteries Regulation as amended from time to time and makes it an offence to place on the market or put into service batteries that do not meet the labelling and marking requirements in its Article 13, or products whose portable or LMT batteries do not meet the removability and replaceability requirements in its Article 11 (new regulations 14Y(1)(c) and 14ZK). If the proposal is adopted, the Government of Gibraltar may need to check how the change fits those Regulations and their enforcement. If the changed rules count among the relevant EU rules under Article 256(1), which is not settled, Gibraltar's public authorities may also need to apply and enforce them. Article 219(4) requires the UK, for Gibraltar, to uphold environmental and climate levels of protection equivalent to the levels in place in the EU, including by effectively enforcing environmental and climate law applicable to and in Gibraltar; it applies no EU act and does not say from what date the EU level is read.

Row of the watch list: P15 Environment, consumers and health protection; G-LN-159 LN 159/2026 Environment (Waste) (Amendment) Regulations 2026

The treaty’s words quoted (4)
  • Article 219(4): “The United Kingdom, in respect of Gibraltar, shall uphold environmental and climate levels of protection that are equivalent to the levels in place in the Union, including by effectively enforcing environmental and climate law applicable to and in Gibraltar.”
  • Article 219(1): “The Parties affirm the right of each Party to set its policies and priorities in the areas covered by this Chapter, to determine the environmental and climate levels of protection it deems appropriate, and to adopt or modify its law and policies in a manner consistent with each Party's international commitments, including those under this Chapter.”
  • Gibraltar Legal Notice 159 of 2026, regulation 3 (Batteries Regulation): “"the Batteries Regulation" means Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries as amended from time to time;”
  • Gibraltar Legal Notice 159 of 2026 (opening words): “make provision for the purposes of the implementation of Article 219(4) of the Agreement in respect of Gibraltar”

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24EUProduct rules and goods placed on the market

EU digitalisation of obligations in thirteen product directives: Commission proposal COM(2025) 503 final

Applies after a step This is a proposal, so it could matter only once it is adopted. It could then come through the treaty's goods rule, which requires the UK, for Gibraltar, to have and apply laws so that goods produced or put on the market in Gibraltar meet the relevant EU rules on goods. That is only if the thirteen EU product directives this proposal amends count among those rules, which is not settled. It could also come through the treaty's list of EU product rules, but only after the Cooperation Council's decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 14 July 2026 Date ahead: Indicative European Parliament plenary date (Legislative Observatory forecast) 23 November 2026

Official text

Title: Amending Directives 2000/14/EC, 2011/65/EU, 2013/53/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, 2014/68/EU and 2014/90/EU of the European Parliament and of the Council as regards digitalisation and common specifications

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Internal Market and Consumer Protection (IMCO); other committees ENVI, TRAN, JURI

Stage and date: Latest key event on the Legislative Observatory page: Approval in committee of the text agreed at 1st reading interinstitutional negotiations (14 July 2026). Status shown: Awaiting Parliament's position in 1st reading. Observatory forecast: indicative plenary sitting date, 1st reading, 23 November 2026.

Two dates: Swiftsure's tracker records 'committee adopting opinion (first reading)' on 7 September 2026; that date does not appear on the Observatory page read. The section shows the Observatory's own date (14 July 2026).

What the text says: A Directive that rationalises and digitalises economic operators' obligations in thirteen product directives, including on noise from outdoor equipment (2000/14/EC), electrical equipment (2014/35/EU), radio equipment (2014/53/EU) and pressure equipment (2014/68/EU): for example the EU declaration of conformity in electronic form.

Touches: Article 256(1), Annex 20 point 1(e)

Text read: Legislative Observatory procedure page (source), 9,162 characters, fetched 9 October 2026 00:50, checksum a2a388d986bc; Commission proposal from the Publications Office open data (source), 303,807 characters, fetched 9 October 2026 00:59, checksum 6f8d316c7911.

Why it could matter to Gibraltar

Declarations of conformity and CE marking under the thirteen EU product directives this proposal amends are rules on putting goods on the market. That is the subject of the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules. The treaty's list of EU rules for Gibraltar also names product rules.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day. The part of the treaty that holds the goods rule stops applying if the administrative arrangements the treaty names, including those under its protocol on social security coordination, are suspended or ended. It applies again when they are restored. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not apply in some cases, for example to goods produced in Gibraltar only for export outside Gibraltar or the EU without first being put on the Gibraltar or EU market. The treaty's list of EU product rules, requirements and standards for the EU's internal market applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The other entries give the conditions for that list in full.

Why: This is a proposal only; the European Parliament has not yet voted on it at first reading. If adopted, this proposal would simplify and digitalise the duties of businesses, such as makers and importers, under thirteen EU product directives, for example by making the EU declaration of conformity electronic. This could change the paperwork for goods produced or put on the market in Gibraltar. It could do so under the treaty's goods rule, which requires such goods to meet the relevant EU rules, if these directives count among those rules, which is not settled. It could also do so through the treaty's list of EU product rules. That could happen only after the Cooperation Council's decision on the EU customs and goods rules, and only as needed to avoid distortions with the neighbouring region.

Where it touches Gibraltar: Goods coming from the UK; goods coming from Spain or the rest of the EU under the customs union. If adopted as the European Commission proposed, this proposal would change what makers and importers must give with products under the thirteen EU product directives it amends, such as electrical, radio and pressure equipment. For example, makers would draw up the EU declaration of conformity only in electronic form. In the changed rules read, makers and importers would add a digital contact to the postal address they give on the product. Where that is not possible, they would give these on the packaging or in a document with the product (for importers, this fallback is for components). The text agreed in committee was not among the texts read and may differ. Once the treaty applies, the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. Whether these directives count among them is not settled. Once the treaty applies, and until the Cooperation Council's decision on the EU customs and goods rules, goods from the UK, apart from goods in travellers' personal luggage, are to come in by land. They are to be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a proposal, so it could matter only once it is adopted, and then through the duty of the UK, for Gibraltar, under Article 256(1) if these directives count among the relevant EU rules on goods (not settled), or through Annex 20 point 1(e) only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). Declarations of conformity and CE marking in thirteen product directives are rules on placing goods on the market (Article 256(1)); Annex 20 point 1(e) names product rules.

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The Parties may agree to apply the treaty provisionally earlier (Article 336(2) and (4)), and Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts again when they are restored. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in an EU country compliant, and Article 256(3) lists exceptions (for example goods produced in Gibraltar exclusively for export 'without being first placed on the Gibraltar or Union markets'). Annex 20 point 1(e) ('Union acts setting product rules, requirements and standards applicable in the Union's internal market') applies only after the Article 247(1) decision (see its conditions in the other entries).

Why: This is a proposal only; the European Parliament has not yet voted on it at first reading. If adopted, it would simplify and digitalise obligations on economic operators in thirteen product directives, for example an electronic EU declaration of conformity. This could change the paperwork for goods produced or placed on the market in Gibraltar. It could do so under Article 256(1), if these directives count among the relevant EU rules, which is not settled. It could also do so under Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1), and only as needed to avoid distortions with the neighbouring region.

Where it touches Gibraltar: Goods coming from the UK; goods coming from Spain or the rest of the EU under the customs union. If adopted as the Commission proposed, it would change what makers and importers must give with products under the thirteen EU product directives it amends, such as electrical, radio and pressure equipment; for example, makers would draw up the EU declaration of conformity only in electronic form. In the amended provisions read, makers and importers would add a digital contact to the postal address they give on the product or, where that is not possible, on its packaging or in a document with it (for importers, this fallback is for components). The text agreed in committee was not among the texts read and may differ. Once that treaty applies (Article 336), the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules (Article 256(1); whether these directives count among them is not settled). Once that treaty applies, and until the Cooperation Council adopts the decision in Article 247(1) and that decision enters into force, goods from the UK, other than goods carried by travellers in their personal luggage, are to come in by land and be cleared at a designated customs post under the EU rules that would apply in the EU, including product rules (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)).

Businesses: Gibraltar businesses that make or sell goods such as electrical, radio or pressure equipment could see a change in how they show conformity, for example through an electronic EU declaration of conformity. This could happen only if the proposal is adopted. It could then come through Article 256(1), if these directives count among the relevant EU rules (not settled). It could also come through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1).

Government of Gibraltar: Under Article 256(1), the UK, for Gibraltar, must have in place and effectively apply laws so that goods are produced or placed on the market in Gibraltar only if they meet the relevant EU rules. If the proposal is adopted and these directives count among those rules (not settled), the Government of Gibraltar may need to check whether that legislation should change. The texts read do not say which Gibraltar authorities would check conformity paperwork.

Row of the watch list: P13 Industrial policy and internal market

The treaty’s words quoted (9)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision: (a) specifying the date as from which the provisions of Union law listed in Annex 20 apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar; and (b) declaring that border control posts and customs offices have been established in the port and airport and that they operate and are controlled in accordance with modalities and procedures set out in that decision and that competent authorities within the Union have been designated.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”

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26EUProduct rules and goods placed on the market

European Biotech Act: Commission proposal COM(2025) 1022 final

Applies after a step This is a proposal only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if this act or parts of it count among those rules (this is not settled). It could also come through the treaty's list of EU product rules, but only after the Cooperation Council's decision on the EU customs and goods rules. Separately, by its own terms, its rule on certain biotechnology products of concern would also cover supplying them to people outside the EU.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 18 May 2026 Date ahead: Indicative European Parliament plenary date (Legislative Observatory forecast) 14 December 2026

Official text

Title: Establishing a framework of measures for strengthening Union’s biotechnology and biomanufacturing sectors particularly in the area of health and amending Regulations (EC) No 178/2002, (EC) No 1394/2007, (EU) No 536/2014, (EU) 2019/6, (EU) 2024/795 and (EU) 2024/1938 (European Biotech Act)

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Industry, Research and Energy (ITRE), Public Health (SANT); other committees ENVI, ECON, IMCO, JURI, BUDG, LIBE

Stage and date: Latest key event on the Legislative Observatory page: Committee referral announced in Parliament, 1st reading (18 May 2026). Status shown: Awaiting committee decision. Observatory forecast: indicative plenary sitting date, 1st reading, 14 December 2026.

Two dates: Swiftsure's tracker records 'committee adopting opinion (first reading)' on 1 October 2026; that date does not appear on the Observatory page read. The section shows the Observatory's own date (18 May 2026).

What the text says: A Biotech Act: a framework to strengthen the Union's biotechnology and biomanufacturing sectors in health, which also amends Regulation (EC) No 178/2002 (general food law), Regulation (EC) No 1394/2007 and others, with shorter procedural timelines and regulatory sandboxes.

Touches: Article 256(1) and (4), Annex 20 point 1(e)

Text read: Legislative Observatory procedure page (source), 9,455 characters, fetched 9 October 2026 00:49, checksum 3cc23e831b6d; Commission proposal from the Publications Office open data (source), 708,064 characters, fetched 9 October 2026 00:58, checksum be5db2ead709.

Why it could matter to Gibraltar

This proposal would set an EU framework for health biotechnology and change EU rules on products and procedures in food law, medicines for human use, veterinary medicines and substances of human origin. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market, and the treaty's list of EU rules for Gibraltar includes EU product rules. Whether this proposal, or which parts of it, count among those rules the texts read do not say. Its rule on certain biotechnology products of concern would limit supplying them to people and bodies with a legitimate need, inside or outside the EU.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully implemented, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not cover food produced in Gibraltar, or prepared, processed or repacked by shops there, and sold there for local consumption; spirit drinks are not left out, and such food, when prepacked, must be labelled as not for the EU. It also does not cover imported food as regards its transport, storage and distribution after it enters Gibraltar. Despite the goods rule, the UK, for Gibraltar, may allow medicines for human use authorised in the UK to be put on the market in Gibraltar, if all the conditions the treaty sets are met. The treaty's list of EU product rules, requirements and standards for the EU's internal market applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region.

Why: This is a proposal only, waiting for a European Parliament committee decision, with an indicative plenary date of 14 December 2026. If adopted, it would set an EU framework to strengthen health biotechnology, with support for strategic projects, regulatory sandboxes and faster procedures. It would also change EU rules on food law procedures, advanced therapy medicines, clinical trials, veterinary medicines and substances of human origin. Benchtop machines that make DNA or RNA, and certain synthetic DNA or RNA sequences of concern that the proposal lists, could be supplied only to people and bodies with a legitimate need for them, inside or outside the EU. The proposal could reach Gibraltar's goods rules through the treaty's goods rule, if it counts among the relevant EU rules there, which is not settled, or through the treaty's list of EU product rules, but only after the Cooperation Council's decision on the EU customs and goods rules.

Where it touches Gibraltar: Goods coming from Spain or the rest of the EU under the customs union, only for the biotechnology products of concern this proposal lists. If adopted as the European Commission proposed, benchtop machines that make DNA or RNA, and certain synthetic DNA or RNA sequences of concern that the proposal lists, could be supplied only to people and bodies with a legitimate need for them, whether they are in the EU or outside it. The texts read do not say whether a customer in Gibraltar counts as inside or outside the EU for this rule. Either way, these products could be supplied from the EU to a customer in Gibraltar only if that customer has a legitimate need. Suppliers that sell these products on the EU market would have to check each customer's identity, record each sale and assess the customer's need, and would have to refuse and report suspicious sales. The texts read do not settle whether these checks apply to a sale to a customer in Gibraltar. They also do not settle whether the rule would apply to such products coming from the UK when they are cleared at a designated customs post, as goods from the UK are once the treaty applies and until the Cooperation Council's decision on the EU customs and goods rules enters into force. The texts read do not show the proposal's other changes changing what happens on any of Gibraltar's routes.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a proposal only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if the act, or parts of it, count among the relevant EU rules governing the production or placing on the market of goods (this is not settled). It could also come through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1). Separately, by its own terms its rule on biotechnology products of concern would also cover making them available to people outside the EU (proposal Article 43(1)).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The proposal covers health biotechnology products 'during their entire lifecycle', including 'placing on the market' (proposal Article 1(3)), and amends Regulation (EC) No 178/2002 (general food law), Regulation (EC) No 1394/2007, Regulation (EU) No 536/2014 and Regulation (EU) 2019/6 on veterinary medicinal products, among others; those amendments 'also relate to the other products, services and activities that fall in the scope of that legislation' (proposal Article 1(4)). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods', and Article 256(4) deals with medicinal products for human use placed on the market in Gibraltar. Whether this act, or which of its provisions, counts among the relevant rules under Article 256(1) the texts read do not say. Its rule on biotechnology products of concern reaches supplies to customers in Gibraltar by its own terms: they 'shall only be made available to, introduced, or used by any natural or legal person in the Union, as well as made available to any natural or legal person outside the Union, that has a legitimate need for those products' (proposal Article 43(1)).

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar. Article 256(3) lists exceptions, among them food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market there for local consumption (spirit drinks are not left out and must fully comply with the relevant EU rules; prepacked food labelled 'Not for EU'), and food imported into Gibraltar as regards its transport, storage and distribution after entry. 'Notwithstanding paragraph 1', Article 256(4) lets the UK, for Gibraltar, allow medicinal products for human use authorised in the UK to be placed on the market in Gibraltar, provided all the conditions in its points (a) to (c) are met. Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2). As proposed, the Regulation would apply from its entry into force, with later dates for some of its amendments to Regulation (EU) No 536/2014 (proposal Article 67).

Why: This is a Commission proposal only, waiting for a European Parliament committee decision, with an indicative plenary date of 14 December 2026. If adopted, it would set an EU framework to strengthen health biotechnology, with support for strategic projects, regulatory sandboxes and accelerated procedures, and would amend the EU rules on general food law procedures, advanced therapy medicinal products, clinical trials, veterinary medicinal products, the STEP Regulation and substances of human origin (proposal Articles 1 and 56 to 61). It would also allow the biotechnology products of concern listed in its Annex I (benchtop nucleic acid synthesis equipment and certain synthetic DNA or RNA sequences of concern) to be made available only to persons with a legitimate need, in or outside the EU (proposal Article 43(1)). It could reach Gibraltar's goods rules through Article 256(1), if it counts among the relevant EU rules for goods, which is not settled, or through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1). Article 256(3) leaves some food out of the Article 256(1) rules, and Article 256(4) lets the UK, for Gibraltar, allow UK-authorised medicinal products for human use on conditions.

Where it touches Gibraltar: Goods coming from Spain or the rest of the EU under the customs union. Only for the biotechnology products of concern the proposal lists. If adopted as the Commission proposed, the products listed in its Annex I (benchtop nucleic acid synthesis equipment, and de novo synthesised DNA or RNA of at least 50 nucleotides, or the corresponding amino acid sequence of at least 17 amino acids, that meets one of the criteria set there) 'shall only be made available to, introduced, or used by any natural or legal person in the Union, as well as made available to any natural or legal person outside the Union, that has a legitimate need for those products' (proposal Article 43(1)). The texts read do not say whether a customer in Gibraltar counts as a person in the EU or outside it for this rule; under either wording, these products could be made available from the EU to a customer in Gibraltar only if that customer has a legitimate need. An economic operator that makes these products available on the EU market would have to verify each prospective customer's identity, record each transaction and assess legitimate need, and would have to refuse and report suspicious transactions (proposal Articles 44 and 46(4)); the texts read do not settle whether those checks apply to a supply to a customer in Gibraltar. The texts read also do not settle whether the rule would apply to such products coming from the UK when, once that treaty applies and until the decision in Article 247(1) enters into force, they are cleared at a designated customs post (Article 247(3); Annex 21 Article 1(1) and (2); Article 239(c)). The texts read do not show the proposal's other changes, on support for projects, authorisation and clinical-trial procedures and regulatory sandboxes, changing what happens on any of Gibraltar's routes.

Businesses: Gibraltar businesses that make, import or sell biotechnology, health or food products could face changed product rules if the proposal is adopted. That could happen through Article 256(1), if the act counts among the relevant EU rules for goods, which is not settled. It could also happen through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1). Article 256(3) leaves out of the Article 256(1) rules food produced in Gibraltar, or prepared, processed or repacked by retail establishments there, and placed on the market there for local consumption (not spirit drinks; prepacked food must be labelled 'Not for EU'), and imported food as regards its transport, storage and distribution after entry. Gibraltar businesses and laboratories that buy the biotechnology products of concern listed in the proposal's Annex I from suppliers in the EU could be supplied only if they have a legitimate need (proposal Article 43(1)); whether the supplier's checks for each transaction in proposal Article 44 apply to such a supply the texts read do not settle.

Government of Gibraltar: Article 256(1) requires the UK, for Gibraltar, to have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules. If the proposal is adopted and counts among those rules, which is not settled, those laws could need to change. The same could follow through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1). The texts read do not say which Gibraltar authorities would enforce the changed rules.

Row of the watch list: An act the treaty cites: 32002R0178; P13 Industrial policy and internal market

The treaty’s words quoted (11)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision: (a) specifying the date as from which the provisions of Union law listed in Annex 20 apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar; and (b) declaring that border control posts and customs offices have been established in the port and airport and that they operate and are controlled in accordance with modalities and procedures set out in that decision and that competent authorities within the Union have been designated.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Article 256(4): “Notwithstanding paragraph 1 of this Article, the United Kingdom, in respect of Gibraltar, may allow medicinal products for human use as defined in point 2 of Article 1 of Directive 2001/83/EC of the European Parliament and of the Council”
  • Article 256(4) (conditions): “provided that all of the following conditions are fulfilled:”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”

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The frontier with Spain (3)

83GibraltarVAT, excise, tobacco and tax cooperation

Tobacco (Amendment) Bill 2026 in Gibraltar: Bill B. 27/26

Applies after a step This is a Gibraltar Bill, not an EU text. It changes Gibraltar law only if the Gibraltar Parliament passes it, and the Act would come into force on the day it is published. The Bill names nothing in the treaty. Its explanatory memorandum says it is in keeping with the treaty, and if passed it could be part of the information on laws against fraud and smuggling in Gibraltar that the EU and the UK, for Gibraltar, are to share every quarter under the treaty's tobacco rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 2 October 2026 Date ahead: Cannot be taken further before 14 November 2026

Official text

Title: Tobacco (Amendment) Bill 2026 (Bill B. 27/26): a Bill for an Act to amend the Tobacco Act 1997

Who: Gibraltar Parliament (Bill B. 27/26, printed by the Government Printers for Gibraltar; the printed Bill does not name the Minister who brought it)

Stage and date: Bill published: Third Supplement to the Gibraltar Gazette No. 5348, Friday 2 October 2026. Later stages in the Gibraltar Parliament are not given in the entry. Parliament's revised agenda for its meeting of 8 October 2026 lists the Bill under first and second reading, with the footnote 'Bill cannot be proceeded upon before Saturday 14th November 2026'.

What the text says: A Bill to amend the Tobacco Act 1997. It sets no tobacco prices and changes no excise duty. As read, it would: (1) raise the number of cigarettes that counts as a 'commercial quantity' from 2000 to 100,000 (section 2; the Collector of Customs may still prescribe another quantity by regulations, and for other tobacco products any quantity intended for sale or trade stays a commercial quantity) and, in Special Zones declared under section 11A, from 600 to 2000 (section 11B; the Chief Minister may still prescribe another number by notice in the Gazette). Under the Act, cigarettes in a commercial quantity need an import or export permit (sections 9 and 11), licensed premises to be stored (section 12), a licensed vehicle to be carried (section 13) and a licence to be possessed (section 14); (2) delete section 13(7) and (8), under which carrying up to 1,999 cigarettes per adult occupant (aged 16 or over) of a motor vehicle is not an offence under section 13; (3) replace section 6(4), so that a retail licence keeps only the condition that it authorises the sale of tobacco for no less than the minimum retail prices set by the Collector of Customs under section 4A; the present conditions of no more than 200 cigarettes to the same individual at any one time, and of sales in packets of up to 25 or cartons of up to 250 cigarettes, are not in the new subsection; (4) let a retail licence holder sell or transfer for value unused stocks of cigarettes, in any quantity, to another retail licence holder for onward sale under that holder's own licence, provided both hold valid retail licences and neither licence is the subject of a pending application for revocation under section 7; such a sale is not wholesale dealing (new section 6(15) and (16)); (5) make wholesale and retail licences transferable with the prior written consent of the Minister with responsibility for Customs, who must first consult the Collector of Customs and have regard to the Collector's advice, may attach conditions the Minister considers proportionate and reasonably related to the purposes of the Act, 'including but not limited to conditions requiring the proposed transferee to satisfy the same eligibility criteria as would apply to a new applicant for a licence under this Part', and may not consent unless satisfied that the transferee is not subject to a 'licensing bar', a term the Act as read does not define (section 6(3)(b); section 14D(a) has the same words for manufacturing licences); the same Minister, not the Collector of Customs, would give the prior written consent needed for changes of a licensed company's shareholders or directors, and before granting or refusing that consent must also consult the Collector of Customs and have regard to the Collector's advice (section 6(3)(c) and (ca)); and the Collector of Customs' power to waive that condition, on application, for a company of whose repute the Collector is satisfied and which, by reason of the number of its shareholders, would find it impractical to comply, would pass to the same Minister, who would then need to be satisfied of the company's repute, and the words ',in his absolute discretion,' would be deleted from it (section 6(3)(c)(ii)); (6) in section 6(3)(cc)(i), bar consent to pledging a licensed company's shares where the licence holder or its servants or agents have been 'convicted of', not 'charged with', an offence under the Act; (7) delete section 6(5) (the wholesaler's invoice, signed by the buyer, for each sale of cigarettes) and section 6A (under which the Collector of Customs may, after a hearing, suspend a licence where the holder or its servants or agents, or a licensed company's directors or shareholders, have been charged with an offence under the Act, pending the outcome of the proceedings); (8) require the prior written consent of the Minister with responsibility for Customs before the Collector of Customs makes regulations prohibiting, restricting or regulating the importation of tobacco; the Minister may attach conditions and must have regard to proportionality and the likely impact on persons lawfully engaged in the tobacco trade in Gibraltar (section 10); (9) remove 'through the examination station at Four Corners' from the land route an export permit authorises (section 11(4)(c)); (10) have manufacturing licences issued by the Minister with responsibility for Public Finance in place of the Collector of Customs (section 14A(1)), and in sections 14A(3), 14B, 14C and 14D(b) put 'the Minister' in place of the Collector without saying which Minister (the Act as read does not define 'Minister'); manufacturing licences become transferable on the same terms as in point 5 (section 14D(a)); (11) add 'within 7 days' to requests for information (sections 11G(2) and 14I(2)), replace 'at any reasonable time and place' with 'within 7 days' for producing records to a police or customs officer (section 23(2)), and add 'within 7 days' to the offence of failing to produce them (section 23(3)(b)); (12) make wholesalers' daily returns weekly, with other returns prescribed by the Minister in place of the Collector of Customs (section 22(1)). If enacted, the Act comes into operation on the day of publication (clause 2).

Touches: Article of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, Articles , and of the Protocol on the traceability, cooperation to fight smuggling of tobacco and additional measures related to tobacco products, and Annex 24, Article 6(5) and Appendix 2 Section 3, to that Agreement. The Bill names none of them; its explanatory memorandum names that Agreement and refers to price differentials and track and trace.

Text read: Bill text from the Gibraltar Parliament website (parliament.gi) (source), 8,300 characters, fetched 10 October 2026 01:29, checksum 05eb55df4026; Tobacco Act 1997, consolidated version of 15 July 2026, from Gibraltar Laws (source), 119,612 characters, fetched 10 October 2026 01:30, checksum 6f6faf1ecd98.

Also on: the page “How Gibraltar’s law was changed for the treaty”, section “Still to come”

Why it could matter to Gibraltar

The Bill would change Gibraltar's own tobacco law: how many cigarettes count as a commercial quantity, which needs permits and licences, the conditions on retail sales, who decides on tobacco licences, and some reporting duties. Under the treaty's tobacco rules, the EU and the UK, for Gibraltar, are to share information on efforts against fraud and smuggling in Gibraltar, including the laws adopted for that purpose. The Bill's explanatory memorandum says it is in keeping with the treaty.

Now, or after which condition: Nothing changes unless the Bill is passed; the Act would come into force on the day it is published. The Bill sets no tobacco prices and changes no excise duty. The treaty's tobacco rules are context only: the Bill names none of them, and this card does not say the Bill carries any of them out. Under those rules, the EU and the UK, for Gibraltar, are to share every quarter specific information on the efforts made to prevent and combat fraud and smuggling in Gibraltar, including the laws adopted for that purpose. The texts read do not say whether changes to existing controls, such as the higher commercial quantities, the end of the condition of no more than 200 cigarettes to one person at a time and the sales between retail licence holders, are to be reported or assessed in any particular way. The treaty also requires the UK, for Gibraltar, to set up a tobacco tracking system equivalent to the EU's (for cigarettes and roll-your-own tobacco from the day the treaty enters into force, and for all other tobacco products within 24 months), to adopt further measures on picture warnings, tobacco for oral use and cross-border distance sales, to share tracking information with the competent authorities within the EU on request, to set up ways of exchanging information with them on tobacco brought into, sold in or taken out of Gibraltar, and to cooperate with them against tobacco smuggling. The Bill as read sets up no tracking system and changes nothing in the part of the Act on tracking and security features. On prices, the treaty sets a minimum excise duty on cigarettes and limits the price difference that results from that duty to 80 euro cents or 15% a packet, whichever gives the lower difference; it does not say whose prices the difference is measured against. The Bill keeps the condition that retail sales are at no less than the minimum retail prices the Collector of Customs sets. The memorandum's statement that the small price differences and the tracking requirement brought in by the treaty have resolved concerns about illicit trade is the memorandum's own claim; this card does not test it.

Why: This Gibraltar Bill was published on 2 October 2026 and changes nothing unless it is passed. It would change controls in Gibraltar's tobacco law. For example, the number of cigarettes that counts as a commercial quantity, which needs permits and licences, would rise from 2,000 to 100,000, and in the special zones the law allows from 600 to 2,000, though the Collector of Customs, or for those zones the Chief Minister, may still set another number. The retail condition of no more than 200 cigarettes to one person at a time would go, and tobacco licences could be transferred with a Minister's prior written consent. Its explanatory memorandum says it is in keeping with the treaty. Under the treaty's tobacco rules, the EU and the UK, for Gibraltar, are to share information on efforts against fraud and smuggling in Gibraltar, including the laws adopted for that purpose. If passed, this Bill could be part of that information, so these changes are worth watching.

Where it touches Gibraltar: The frontier with Spain; Gibraltar's own businesses. If the Bill is passed, tobacco licence holders in Gibraltar would see changed rules: licences could be transferred with a Minister's prior written consent; retail licence holders could sell unused cigarette stocks to each other; the retail conditions on quantities and packets, such as no more than 200 cigarettes to one person at a time and packets of up to 25 or cartons of up to 250, would go; wholesalers would make weekly instead of daily returns; and records asked for by a police or customs officer would be due within 7 days. An export permit for taking cigarettes out of Gibraltar by land, which under the Act happens when the vehicle enters the road leading to the frontier gates, would no longer say the export must go through the examination station at Four Corners. The higher number of cigarettes that counts as a commercial quantity would also change when a permit is needed to bring cigarettes into Gibraltar or take them out. Nothing changes unless the Bill is passed.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a Gibraltar Bill, not an EU text. It changes Gibraltar law only if the Gibraltar Parliament enacts it, and the Act would come into operation on the day of publication (clause 2 of the Bill). The Bill names no provision of the treaty. Article PTOB.1(2) and (3) of the Protocol on the traceability, cooperation to fight smuggling of tobacco and additional measures related to tobacco products is context: if enacted, the Bill could be part of the information on legislation adopted to prevent and combat fraud and smuggling in Gibraltar that the EU and the UK, for Gibraltar, are to share each quarter.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The Bill would amend Gibraltar's Tobacco Act 1997 and names no provision of that treaty. Its explanatory memorandum says it amends the Act 'in keeping with' that treaty, and that the amendments are made 'whilst recognising the minimal price differentials with neighbouring jurisdictions and the track and trace requirement now introduced that have come into effect as a result of the Treaty'; that is the memorandum's claim, and this card does not test it. Under Article PTOB.1(2) of the Protocol on the traceability, cooperation to fight smuggling of tobacco and additional measures related to tobacco products, the EU and the UK, for Gibraltar, 'shall share specific information referring to the efforts made to prevent and combat fraud and smuggling in Gibraltar, including the legislation adopted for this purpose', provided quarterly (Article PTOB.1(3)); if enacted, the Bill could be part of that information. The site's owner decided on 10 October 2026 to add this entry.

Now, or after which condition: Row: none (the watch list has no row for this Bill). Nothing changes unless the Bill is enacted; if it is, the Act comes into operation on the day of publication (clause 2). The Bill sets no tobacco prices and changes no excise duty. What is context only: the provisions below are not named or amended by the Bill, and the card does not say the Bill carries any of them out. Article PTOB.1(2) and (3): if enacted, the Bill could be part of the information on legislation against fraud and smuggling to be shared quarterly; the texts read do not say whether changes to existing controls, such as the higher commercial quantities, the end of the condition of no more than 200 cigarettes to the same individual at any one time and the sales between retail licence holders, are to be reported or assessed in any particular way. Article 258 (specific measures on monitoring and tracking of tobacco) has the UK, for Gibraltar, in accordance with the Protocol on tobacco, (a) set up a tobacco traceability system equivalent to the EU system and the relevant EU law, (b) adopt additional measures on picture warnings, tobacco for oral use and cross-border distance sales for tobacco products, (c) share traceability information on the movements of tobacco products in Gibraltar with the competent authorities within the EU, upon request, (d) establish monitoring mechanisms to exchange information with those authorities on raw, unmanufactured tobacco and manufactured tobacco products entered, imported or sold in Gibraltar or exited or exported from Gibraltar, and (e) cooperate, including by exchanging information with those authorities, to fight tobacco smuggling; Article PTOB.3(1) applies the traceability system to cigarettes and roll-your-own tobacco from the entry into force of that treaty and to all other tobacco products within 24 months of that date. The Bill as read sets up no traceability system and amends nothing in Part IVB (traceability and security features) of the Tobacco Act 1997. On prices, Article PTOB.4 says 'The price differential is laid down in Annex 24'; Annex 24, Article 6(5), puts manufactured tobacco products under Section 3 of its Appendix 2, where the overall excise duty on cigarettes 'shall not be less than EUR 115 per 1 000 cigarettes' and 'The price difference resulting from the applicable overall excise duty shall not exceed EUR 0,80 or 15 % per packet of cigarettes, whichever leads to the lower price differential'; that limit is tied to excise duty, and the text does not say whose prices the difference is measured against. The new section 6(4) keeps the condition that a retail licence authorises sales at no less than the minimum retail prices the Collector of Customs sets under section 4A, which, where tobacco is divided into categories, are published quarterly by notice in the Gazette.

Why: This Gibraltar Bill was published on 2 October 2026 and changes nothing unless it is enacted. It would change controls in the Tobacco Act 1997. For example, the number of cigarettes that counts as a commercial quantity, for which the Act requires permits and licences, would rise from 2000 to 100,000 (section 2; the Collector of Customs may still prescribe another quantity by regulations), and in Special Zones from 600 to 2000 (section 11B; the Chief Minister may still prescribe another number by notice in the Gazette); the retail licence condition of no more than 200 cigarettes to the same individual at any one time would go (new section 6(4)); and wholesale, retail and manufacturing licences could be transferred with the prior written consent of the Minister with responsibility for Customs (sections 6(3)(b) and 14D(a)). Its explanatory memorandum says it is 'in keeping with' the treaty. Under Article PTOB.1(2) of the Protocol on tobacco, the EU and the UK, for Gibraltar, are to share specific information on the efforts made to prevent and combat fraud and smuggling in Gibraltar, including the legislation adopted for this purpose; if enacted, the Bill could be part of that information. So these changes are worth watching.

Where it touches Gibraltar: The frontier with Spain; Gibraltar's own businesses, including services sold to the UK and the EU. Of Gibraltar's own businesses, the Bill concerns only tobacco licence holders; nothing in it concerns services sold to the UK or the EU. If enacted, the Bill would change the rules for Gibraltar's own tobacco businesses (R6): licence transfers with the prior written consent of the Minister with responsibility for Customs (sections 6(3)(b) and 14D(a)); sales of unused cigarette stocks between retail licence holders (new section 6(15) and (16)); the end of the retail conditions on quantities and packets, keeping only the minimum price condition (new section 6(4)); weekly instead of daily wholesale returns (section 22(1)); and records produced within 7 days (section 23(2)). At the frontier with Spain (R3), an export permit for cigarettes in a commercial quantity would authorise export by land without the words 'through the examination station at Four Corners' (section 11(4)(c)); under the Act, cigarettes are deemed exported by land when the vehicle carrying them 'enters the loop road leading to the frontier gates by which vehicular traffic exits from Gibraltar' (section 11(7)). The higher commercial quantity (section 2) would also change when an import or export permit is needed for cigarettes (sections 9 and 11). Nothing changes unless the Bill is enacted.

Residents: If the Bill is enacted, the number of cigarettes that counts as a commercial quantity would rise from 2000 to 100,000 (section 2), and in Special Zones declared under section 11A from 600 to 2000 (section 11B); the Collector of Customs, or for Special Zones the Chief Minister, may still set another number. Under the Act, cigarettes in a commercial quantity need a permit to import or export, licensed premises to be stored, a licensed vehicle to be carried and a licence to be possessed (sections 9, 11, 12, 13 and 14). The rule that carrying up to 1,999 cigarettes per adult occupant (aged 16 or over) of a motor vehicle is not an offence under section 13 would be deleted (section 13(7) and (8)). The retail licence condition of no more than 200 cigarettes to the same individual at any one time would also go (new section 6(4)).

Businesses: If the Bill is enacted, wholesale, retail and manufacturing licences could be transferred, but only with the prior written consent of the Minister with responsibility for Customs, given after consulting the Collector of Customs and having regard to the Collector's advice, possibly with conditions, and only if the Minister is satisfied that the transferee is not subject to a 'licensing bar', a term the Act as read does not define (sections 6(3)(b) and 14D(a)). A retail licence holder could sell or transfer for value unused stocks of cigarettes, in any quantity, to another retail licence holder for onward sale under that holder's own licence, if at the time both hold valid retail licences and neither licence is the subject of a pending application for revocation under section 7 (new section 6(15) and (16)). Wholesalers' returns would be weekly instead of daily (section 22(1)), and the condition to issue an invoice for each sale of cigarettes would go (section 6(5)). Records requested by a police or customs officer would have to be produced within 7 days (section 23(2)). The Collector of Customs' power to suspend a licence where the holder, its servants or agents, or a licensed company's directors or shareholders, have been charged with an offence under the Act would be deleted (section 6A).

Government of Gibraltar: If the Bill is enacted, wholesale, retail and manufacturing licences could be transferred, and the Minister with responsibility for Customs would decide on those transfers by giving or refusing prior written consent (sections 6(3)(b) and 14D(a)). That Minister, instead of the Collector of Customs, would also give the consent needed for changes of a licensed company's shareholders or directors (section 6(3)(c) and (ca)). Each time, the Minister must first consult the Collector of Customs and have regard to the Collector's advice. The Collector of Customs could make regulations prohibiting, restricting or regulating the importation of tobacco only with that Minister's prior written consent, which may carry conditions, and the Minister must have regard to the proportionality of the measure and its likely impact on persons lawfully engaged in the tobacco trade in Gibraltar (section 10). Manufacturing licences would be issued by the Minister with responsibility for Public Finance instead of the Collector of Customs (section 14A(1)), and in sections 14A(3), 14B, 14C and 14D(b) 'the Minister' would replace the Collector without saying which Minister. If enacted, the new law could be part of the information on efforts against fraud and smuggling in Gibraltar that the EU and the UK, for Gibraltar, are to share each quarter under Article PTOB.1(2) and (3) of the Protocol on tobacco.

Row of the watch list: none

The treaty’s words quoted (3)
  • Protocol on tobacco, Article PTOB.1(2): “Additionally, the Union and the United Kingdom, in respect of Gibraltar, shall share specific information referring to the efforts made to prevent and combat fraud and smuggling in Gibraltar, including the legislation adopted for this purpose,”
  • Article 258: “The United Kingdom, in respect of Gibraltar, shall, in accordance with the provisions of the Protocol on the traceability, cooperation to fight smuggling of tobacco and additional measures related to tobacco products: (a) set up a tobacco traceability system that is equivalent to the Union system and the relevant Union law;”
  • Protocol on tobacco, Article PTOB.4: “The price differential is laid down in Annex 24.”

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60EUBorders, police, justice and personal data

Certain Visa Code provisions for nationals of Guinea: Council Implementing Decision (EU) 2026/1733

Applies in part Once the treaty applies, short-stay visas issued under EU rules are also valid for Gibraltar for up to 90 days in any 180-day period, and Spain issues the visa where the main purpose is to stay in Gibraltar, so, once it takes effect, this Decision reaches Gibraltar through those visas. A visa Spain issues for a stay mainly in Gibraltar is not valid for Gibraltar if the UK, for Gibraltar, has told Spain that it should not be issued, for sufficiently serious reasons of public policy, internal security or public health. Whether the Decision reaches further is not settled.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 15 July 2026 No date ahead given

Official text

Title: Council Implementing Decision (EU) 2026/1733 of 10 July 2026 suspending the application of certain provisions of Regulation (EC) No 810/2009 of the European Parliament and of the Council in respect of Guinea

Who: Council of the European Union

Stage and date: Adopted: Council Implementing Decision (EU) 2026/1733 of 10 July 2026, published in the Official Journal on 15 July 2026. It takes effect on notification to the Member States (Article 3).

What the text says: Suspends for nationals of Guinea who need a visa certain provisions of Regulation (EC) No 810/2009 (the Visa Code): Article 14(6) (waiving documentary evidence), Article 16(5)(b) (fee waiver for diplomatic and service passports), Article 23(1) (the 15-day processing period, so the standard period becomes 45 days) and Article 24(2) and (2c) (multiple-entry visas). It does not apply to family members of Union citizens or of beneficiaries of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (Article 1(3)).

Touches: Article 47(3) and (4)

Text read: Publications Office open-data text (Official Journal) (source), 13,579 characters, fetched 9 October 2026 00:48, checksum 73ccd5d42f66.

Why it could matter to Gibraltar

The treaty says that people who need a short-stay visa for EU countries under EU law also need a visa for Gibraltar, and that short-stay visas issued under EU rules, in particular the EU Visa Code, are also valid for Gibraltar. This Decision suspends some Visa Code rules for nationals of Guinea.

Now, or after which condition: The Decision takes effect on the date it is notified to the EU countries it is addressed to, Spain among them; the texts read do not give that date. The treaty's visa rules apply from the day the treaty enters into force. They can apply earlier if the two sides agree to apply the treaty provisionally, but only if, before that earlier date, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists are in effect and fully carried out, and that certain other measures it lists are in place. They stop applying while those other administrative arrangements are suspended or ended, and apply again when the suspension is lifted or new arrangements are made. Spain must tell the UK, for Gibraltar, when it intends to issue a visa for a stay mainly in Gibraltar. If the UK, for Gibraltar, considers that the visa should not be issued, for sufficiently serious reasons of public policy, internal security or public health, including an alert issued in Gibraltar, it tells Spain; any visa Spain then issues is not valid for entry and stay in Gibraltar, and this is marked on the visa. Other visas are not valid for Gibraltar, apart from the exceptional short-stay visas the UK, for Gibraltar, may issue at the port or airport border crossing points on humanitarian grounds. Whether this Decision also bears on those exceptional visas the texts read do not settle.

Why: This Decision is adopted and takes effect once it is notified to the EU countries it is addressed to. For nationals of Guinea who need a visa, it suspends some EU Visa Code rules, so the usual processing time would be 45 days instead of 15. Under the treaty, short-stay visas issued under EU rules are also valid for Gibraltar for up to 90 days in any 180-day period, and Spain issues them for stays mainly in Gibraltar. Some family members are not covered by the Decision.

Where it touches Gibraltar: The frontier with Spain; the airport (flights from the UK). Once the treaty applies, nationals of Guinea who need a visa for EU countries also need a visa to enter and stay in Gibraltar. Short-stay visas issued under EU rules are also valid for Gibraltar for up to 90 days in any 180-day period, and Spain issues the visa where the main purpose is to stay in Gibraltar; a visa Spain issues for that purpose is not valid for Gibraltar if the UK, for Gibraltar, has told Spain that it should not be issued, for sufficiently serious reasons of public policy, internal security or public health. All passengers entering Gibraltar from its port or airport go through border checks. Once it takes effect, this Decision makes the usual processing time for those nationals' visas 45 days instead of 15 and suspends some other visa rules for them, so it changes what they face to get the visa they need to enter Gibraltar.

Who it could affect: Select a group to read why.

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How it reaches Gibraltar: Once the treaty applies, under Article 47(3) short-stay visas issued in accordance with EU law, in particular the Visa Code (Regulation (EC) No 810/2009), are also valid for entry and stay in Gibraltar for a maximum period of 90 days in any 180-day period, and Spain issues the visa where the main purpose is to stay in Gibraltar, so, once it takes effect, the Decision reaches Gibraltar through those visas. Under Article 47(4), a visa Spain issues for a stay mainly in Gibraltar is not valid for entry and stay in Gibraltar if the UK, for Gibraltar, has told Spain that it should not be issued, on account of sufficiently serious reasons of public policy, internal security or public health. Whether the Decision reaches further is not settled.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The Decision suspends provisions of the Visa Code (Regulation (EC) No 810/2009, which Article 47(3) names) for nationals of Guinea subject to the visa requirement. Article 47(1) requires a visa to enter and stay in Gibraltar where EU law requires a short-stay visa for EU countries; Article 47(3) makes short-stay visas issued in accordance with EU law 'also valid for entry and stay in Gibraltar for a maximum period of 90 days in any 180-day period', Spain issuing the visa 'Where the main purpose is to stay in Gibraltar'.

Now, or after which condition: The Decision 'shall take effect on the date of its notification' (Article 3); the texts read do not give that date. Article 47 applies from the entry into force of the treaty (Article 336(1)), or from an earlier date if the Parties agree to apply it provisionally, provided that before that date they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2) and (4)); it sits in Title III of Part Two, which under Article 336(5) ceases to apply from the day those administrative arrangements are suspended or terminated and starts applying anew from the day the suspension is lifted or new administrative arrangements are concluded. Under Article 47(4), Spain notifies the UK, for Gibraltar, when it intends to issue a visa under the second sentence of Article 47(3); where the UK, for Gibraltar, considers on sufficiently serious grounds of public policy, internal security or public health, including on the basis of an alert issued in Gibraltar, that the visa should not be issued, it informs Spain, and any visa Spain issues is then not valid for entry and stay in Gibraltar, which is marked in the 'comments' section of the visa. Article 47(5): visas other than those issued under Article 47(3) and Article 48 are not valid for entry and stay in Gibraltar. Whether the Decision also bears on the exceptional short-stay visas the UK, for Gibraltar, may issue at the external border crossing points on humanitarian grounds under Article 48 the texts read do not settle.

Why: This Decision is adopted and takes effect on the date of its notification (Article 3); it is addressed to EU countries, Spain among them (Article 4). For nationals of Guinea subject to the visa requirement under Regulation (EU) 2018/1806 (Article 1(1)), it temporarily suspends Visa Code provisions (Article 2): Article 14(6) (waiving documentary evidence), Article 16(5)(b) (optional fee waiver for diplomatic and service passports), Article 23(1) (the 15-day processing period, so the standard period would be 45 days, recital 5) and Article 24(2) and (2c) (issuing multiple-entry visas). Under Article 47(1) and (3), those nationals also need a visa for Gibraltar, short-stay visas issued in accordance with EU law are valid for Gibraltar for up to 90 days in any 180-day period, and Spain issues them where the main purpose is to stay in Gibraltar. The family members listed in Article 1(3) of the Decision are excluded, and it is without prejudice to EU countries' obligations under international law (Article 1(4)).

Where it touches Gibraltar: The frontier with Spain; the airport (flights to and from the UK). Once the treaty applies, nationals of Guinea who need a short-stay visa for EU countries also need a visa to enter and stay in Gibraltar (Article 47(1)), and short-stay visas issued in accordance with EU law, which Spain issues where the main purpose is to stay in Gibraltar, are valid for Gibraltar for up to 90 days in any 180-day period (Article 47(3), subject to Article 47(4)). All passengers entering Gibraltar from Gibraltar port or airport are subject to border checks (Article 29(2)). Once it takes effect, this Decision makes the standard processing period for those nationals' visas 45 days and suspends other Visa Code provisions for them (Article 2; recital 5), so it changes what such a traveller faces to obtain the visa needed to enter Gibraltar, across the frontier with Spain or at the airport.

Travellers: Nationals of Guinea who need a visa could wait longer for a short-stay visa valid for Gibraltar: the 15-day processing period in Article 23(1) of the Visa Code is suspended, so the standard period would be 45 days. The issuing of multiple-entry visas under Article 24(2) and (2c), the optional fee waiver for diplomatic and service passports (Article 16(5)(b)) and the possibility of waiving documentary evidence (Article 14(6)) are also suspended for them. Excluded (Article 1(3) of the Decision): family members of an EU citizen to whom Directive 2004/38/EC applies when accompanying or joining that citizen; family members of a national with a right of free movement equivalent to that of EU citizens under an agreement with the EU; and family members of a UK national who is a Withdrawal Agreement beneficiary, provided they are entitled to join that beneficiary in the host State and apply for a visa for this purpose.

Row of the watch list: An act the treaty cites: 32009R0810; P19 Area of freedom, security and justice

The treaty’s words quoted (4)
  • Article 47(1): “Nationals of third countries required to be in possession of a short-stay visa to enter and stay in the Member States in accordance with Union law shall also be required to be in possession of a visa to enter and stay in Gibraltar.”
  • Article 47(3) (subject): “Short-stay visas issued in accordance with Union law, in particular Regulations (EC) No 810/2009”
  • Article 47(3): “shall also be valid for entry and stay in Gibraltar for a maximum period of 90 days in any 180-day period. Where the main purpose is to stay in Gibraltar, the Kingdom of Spain, as the neighbouring Member State, shall issue the visa.”
  • Article 47(4): “Where the United Kingdom, in respect of Gibraltar, considers that a visa should not be issued in accordance with the second sentence of paragraph 3 of this Article, on account of sufficiently serious reasons pertaining to public policy, internal security or public health, including on the basis of an alert issued in Gibraltar, it shall inform the Kingdom of Spain. In that case, any visa issued by the Kingdom of Spain, by derogation from paragraph 3 of this Article, shall not be valid for entry and stay in Gibraltar”

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62EUBorders, police, justice and personal data

EU Directive on firearms trafficking and firearms-related offences: Commission proposal COM(2026) 102 final

Applies after a step This is a proposal only. Once adopted, it could reach Gibraltar, on the conditions the treaty sets, through the treaty's procedure for new EU acts, in which the UK, for Gibraltar, decides whether to accept them. That is only if it is on the same subject as an EU act the treaty lists for Gibraltar, such as the EU directive on control of the acquisition and possession of weapons or the EU regulation on firearms export, import and transit. The texts read do not settle whether it is.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 25 March 2026 No date ahead given

Official text

Title: Combating firearms trafficking and other firearms-related offences and amending Directive (EU) 2024/1260 of the European Parliament and of the Council

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Civil Liberties, Justice and Home Affairs (LIBE)

Stage and date: Latest key event on the Legislative Observatory page: Committee referral announced in Parliament, 1st reading (25 March 2026). Status shown: Awaiting committee decision.

Two dates: Swiftsure's tracker records 'committee tabling amendment (first reading)' on 9 September 2026; the Observatory page lists the date 9 September 2026 in its documentation gateway as 'Amendments tabled in committee, reference PE792.103', not as a key event. The section shows the Observatory's own date (25 March 2026).

What the text says: A Directive combating firearms trafficking and other firearms-related offences: minimum rules on criminal offences and penalties, cross-border cooperation and a minimum dataset on seizures, amending Directive (EU) 2024/1260.

Touches: Article 63 and Annex 9

Text read: Legislative Observatory procedure page (source), 5,785 characters, fetched 9 October 2026 00:51, checksum 53e898b4fa36; Commission proposal from the Publications Office open data (source), 146,168 characters, fetched 9 October 2026 01:00, checksum fea30a6def4f.

Why it could matter to Gibraltar

A directive on firearms trafficking offences could count as another EU act on the same subject as the EU directive on control of the acquisition and possession of weapons, which the treaty lists for Gibraltar. It could then fall under the treaty's procedure for new EU acts, in which the UK, for Gibraltar, decides whether to accept them. Whether it is on the same subject, the texts read do not settle.

Now, or after which condition: The treaty's procedure for new EU acts covers later EU acts that amend, replace, supplement or implement an EU act the treaty lists for Gibraltar, and other EU acts on the same subject as a listed act. Under it, the UK, for Gibraltar, is to have in its law and apply the same provisions as such a later act. This works only on the conditions the treaty sets for the procedure, and only once the act is adopted; this is a proposal. Once the EU notifies such an act, the UK, for Gibraltar, has 30 days to say whether it accepts its content and puts it into its domestic law. The treaty lists the EU directive on control of the acquisition and possession of weapons. Whether a directive on criminal offences for firearms trafficking is on its subject, the text does not settle.

Why: This is a European Commission proposal only, now with a European Parliament committee. It would set minimum rules on firearms offences and penalties, cross-border cooperation and data on seizures. If adopted, it could count as another act on the same subject as the EU weapons and firearms acts the treaty lists for Gibraltar. Such acts can reach Gibraltar through the treaty's procedure for new EU acts, in which the UK, for Gibraltar, decides whether to accept them. The texts read do not settle whether this proposal counts as such an act.

Where it touches Gibraltar: The frontier with Spain. If this proposal is adopted, EU countries, Spain among them, would have to make intentional firearms trafficking a criminal offence. This proposal counts as trafficking moving firearms, their essential components or ammunition from or through one EU country or third country to another, where a country concerned has not authorised it or the items are not marked as the rules require. So it could cover such moves across the frontier with Spain. Whether it would also reach Gibraltar's own law, through the treaty's procedure for new EU acts, in which the UK, for Gibraltar, decides whether to accept them, is not settled.

Who it could affect: Select a group to read why.

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How it reaches Gibraltar: This is a proposal only. Once adopted, it could reach Gibraltar under Article 63 and Article 19(1)(b)(iii), on the conditions in Article 19(2) to (4). That is only if it is on the same subject as an act listed in Annex 9, such as Directive (EU) 2021/555 on weapons (point 3) or Regulation (EU) No 258/2012 on firearms export, import and transit (point 4). The texts read do not settle whether it is.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). A Directive on firearms trafficking offences could be 'another Union act on the subject matter' of Directive (EU) 2021/555 (Annex 9 point 3) under Article 19(1)(b)(iii); whether it is, the texts read do not settle.

Now, or after which condition: Article 19(1)(b)(iii) reaches 'another Union act on the subject matter' of a listed act, on the conditions in Article 19(2) to (4), and only once adopted; this is a proposal. Annex 9 point 3 lists Directive (EU) 2021/555 on weapons; whether a Directive on criminal offences for firearms trafficking is on its subject matter the text does not settle. Article 19(1)(b) works only 'under the conditions laid down in paragraphs 2 to 4' and once the act is adopted; this is a proposal.

Why: This is a Commission proposal only, now with a European Parliament committee. It would set minimum rules on firearms offences and penalties, cross-border cooperation and data on seizures. If adopted, it could count as another act on the subject of the weapons and firearms acts listed in Annex 9, under Article 19(1)(b)(iii). The texts read do not settle whether it does.

Where it touches Gibraltar: The frontier with Spain. If the proposal is adopted, EU countries, Spain among them, would have to make intentional firearms trafficking a criminal offence (proposal Article 3(1)(b)). The proposal counts as trafficking moving firearms, their essential components or ammunition from or through one EU country or third country to another, where a country concerned has not authorised it or the items are not marked as the rules require. So it could cover such moves across the frontier with Spain. Whether the Directive would also reach Gibraltar's own law is not settled (Article 19(1)(b)(iii); Annex 9).

Government of Gibraltar: If the Directive is adopted and reaches Gibraltar under Article 19(1)(b)(iii), Gibraltar law could need new firearms offences and penalties. Gibraltar's customs or other public authorities could then have a part in cross-border cooperation and in data on seizures. Once the EU notifies the act, the UK, for Gibraltar, would have 30 days to say whether it accepts its content and puts it into its domestic law (Article 19(2) and (3)).

Row of the watch list: P19 Area of freedom, security and justice

The treaty’s words quoted (3)
  • Article 63: “The provisions of Union law listed in Annex 9 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar. Article 19 shall apply.”
  • Annex 9 point 3: “Directive (EU) 2021/555 of the European Parliament and of the Council of 24 March 2021 on control of the acquisition and possession of weapons”
  • Article 19(1): “The United Kingdom, in respect of Gibraltar, shall have in place in its domestic law, and effectively apply, the same provisions as those contained: (a) in the Union acts listed in those provisions of this Agreement and in those Annexes to this Agreement to which this Article applies; or (b) under the conditions laid down in paragraphs 2 to 4, in a subsequent Union act, namely: (i) a Union act amending or replacing a Union act as referred to in point (a); (ii) a Union act supplementing or implementing a Union act as referred to in point (a); or (iii) another Union act on the subject matter of a Union act as referred to in point (a).”

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The port and the sea (2)

71EUFisheries

Measures of regional fisheries management organisations in Union law: Commission proposal COM(2025) 195 final

Applies after a step The treaty's list of EU rules for Gibraltar covers EU acts on carrying out fishery conservation and management measures. That list applies only after the Cooperation Council's decision on the EU customs and goods rules, and this text is still a proposal. The treaty's own article on illegal, unreported and unregulated fishing applies no EU act.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 21 October 2026 No date ahead given

Official text

Title: Implementation into Union law of measures adopted by several Regional Fisheries Management Organisations

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Fisheries (PECH); other committees ENVI

Stage and date: Latest key event on the Legislative Observatory page: Final act signed (21 October 2026). Status shown: Procedure completed, awaiting publication in Official Journal.

What the text says: A Regulation implementing into Union law measures adopted by Regional Fisheries Management Organisations (ICCAT, SPRFMO, NAFO and others), amending among others Regulation (EU) 2017/2107 (for example a ban on retaining whale sharks).

Touches: Article 231 and Annex 20 point 1(b)

Text read: Legislative Observatory procedure page (source), 7,027 characters, fetched 9 October 2026 00:50, checksum ee5002221baf; Commission proposal from the Publications Office open data (source), 324,919 characters, fetched 9 October 2026 00:58, checksum 40dc6803d3aa.

Why it could matter to Gibraltar

The treaty's list of EU rules for Gibraltar includes EU acts on carrying out fishery conservation and management measures. The treaty's article on illegal, unreported and unregulated fishing binds each side to its own tools against such fishing and applies no EU act.

Now, or after which condition: The treaty's list of EU customs and goods rules for Gibraltar applies only after the Cooperation Council's decision on those rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes the decision, and is to set out in more detail which acts are on it. Until that decision enters into force, Gibraltar counts as a third territory for EU customs, indirect tax and trade rules. The list brings in only the EU acts needed to avoid distortions with the neighbouring region. The version applied is the one that applies in the EU at the time. The treaty's rule on illegal, unreported and unregulated fishing binds each side to its own tools against such fishing and does not apply any EU act. This is a proposal, not law unless adopted. Whether these measures are needed to avoid distortions with the neighbouring region, the texts read do not say.

Why: This proposal would bring measures of regional fisheries management organisations into EU law, for example a ban on retaining whale sharks. It is not yet law: the European Parliament voted on 15 September 2026, and the Legislative Observatory page read on 26 October 2026 shows the final act signed on 21 October 2026 and the procedure completed, awaiting publication in the Official Journal. If adopted, it could change the fishery measures that the treaty's list of EU rules for Gibraltar brings in. That can happen only after the Cooperation Council's decision on the EU customs and goods rules, and only as needed to avoid distortions with the neighbouring region. Whether that part of the list would cover the whole act or only its border part is not settled.

Where it touches Gibraltar: The port (crew changes, ship calls, bunkering and ship services). If adopted, this proposal would set rules for ports that receive fishing vessels from outside the EU under the EU regulation on fishing in the South Pacific regional fisheries management area. Such a vessel would have to give, at least 48 hours before its expected arrival, the information that regulation lists, with, as a minimum, its fishing authorisation, crew list and trip dates. A fishing vessel of the kind that may be let into port only to be inspected could not use the port for landing, transhipping, packaging or processing fish, or for other port services, including bunkering, maintenance and dry-docking. This would apply whenever it is there, for any reason. These rules could apply at the port of Gibraltar only after the Cooperation Council's decision on the EU customs and goods rules, and only if this act is among those that the fisheries part of the treaty's list then carries.

Who it could affect: Select a group to read why.

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How it reaches Gibraltar: Annex 20 point 1(b) covers EU acts on fishery conservation and management measures. Annex 20 applies only once the Cooperation Council adopts the decision in Article 247(1), and this text is still a proposal. Article 231 applies no EU act.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). Annex 20 point 1(b) lists 'Union acts concerning the implementation of fishery conservation and management measures'; Article 231 binds each Party to its own tools against IUU fishing and applies no EU act.

Now, or after which condition: Annex 20 applies only if the Cooperation Council adopts the decision in Article 247(1); that decision must specify the date from which Annex 20 applies and declare that border control posts and customs offices are established in the port and airport, operate and are controlled in accordance with the modalities and procedures set out in that decision, and that competent authorities within the EU are designated (Article 247(1)(a) and (b)); the Cooperation Council may amend the Annex 20 list when adopting it (Article 247(2)) and is to determine the Annex 20 provisions in greater detail (Annex 20 point 2); until that decision enters into force, Gibraltar is regarded as a third territory under EU customs, indirect taxation and trade-related law (Article 247(5)). Annex 20 point 1 applies EU acts 'as necessary to avoid distortions with the neighbouring region in relation to Article 247(1)', and 'the provisions referred to in this paragraph shall be those applicable at the time in the Union'. Article 231 binds each Party to its own tools against IUU fishing and does not apply any EU act. Stage: proposal, not law unless adopted. Whether these measures are 'necessary to avoid distortions with the neighbouring region' the texts read do not say.

Why: This proposal would bring measures of regional fisheries organisations into EU law, for example a ban on retaining whale sharks. It is not yet law: Parliament voted on 15 September 2026, and the Legislative Observatory page read on 26 October 2026 shows the final act signed on 21 October 2026 and the procedure completed, awaiting publication in the Official Journal. If adopted, it could change the fishery measures applied under Annex 20 point 1(b). That can happen only once the Cooperation Council adopts the decision in Article 247(1), and only as needed to avoid distortions with the neighbouring region. Whether point 1(b) would cover the whole act or only its border part is not settled.

Where it touches Gibraltar: The port (crew changes, ship calls, bunkering and ship services). If adopted, it would set rules for ports that receive fishing vessels from outside the EU under the South Pacific fisheries rules (Regulation (EU) 2018/975). Such a vessel would have to give, at least 48 hours before its expected arrival, the information in Annex XI of that Regulation with, as a minimum, its fishing authorisation, crew list and trip dates. A fishing vessel of the kind that may be let into port only to be inspected could not use the port, whenever it is there for any reason, for landing, transhipping, packaging or processing fish or for other port services, including bunkering, maintenance and dry-docking (proposal Article 2, changing Articles 31 and 33 of that Regulation). These rules could apply at the port of Gibraltar only once the Cooperation Council adopts the decision in Article 247(1), and only if this act is among those Annex 20 point 1(b) then carries.

Businesses: Gibraltar businesses that import, export or trade fish could face new border rules on fishery conservation under Annex 20 point 1(b). This could happen only if the proposal is adopted and once the Cooperation Council adopts the decision in Article 247(1).

Government of Gibraltar: The Government of Gibraltar could need to adjust Gibraltar law so that these fishery measures can apply in Gibraltar. Gibraltar's customs or other public authorities could need to apply them at the border. The texts read do not say which authority would carry out the checks. This could happen only if the proposal is adopted and once the Cooperation Council adopts the decision in Article 247(1).

Row of the watch list: T1 Waters, the sea and fisheries; P02 Customs union and free movement of goods

The treaty’s words quoted (7)
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(b): “Union acts governing import and export prohibitions and restrictions on grounds of, inter alia, public morality, public policy or public security; the protection of the health and life of humans, animals or plants; the protection of the environment; the protection of national treasures possessing artistic, historic or archaeological value; the protection of industrial or commercial property, including controls on drug precursors, goods infringing certain intellectual property rights and cash; as well as Union acts concerning the implementation of fishery conservation and management measures and the implementation of commercial policy measures, safety and security measures or related to any border formalities and procedures to be controlled and applied by customs authorities;”
  • Article 231: “Each Party shall comply with international law, including adopting and maintaining their respective effective tools to combat Illegal Unreported and Unregulated ("IUU") fishing, and shall adopt measures to exclude the products of IUU fishing from trade flows, and cooperate to that end.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision: (a) specifying the date as from which the provisions of Union law listed in Annex 20 apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar; and (b) declaring that border control posts and customs offices have been established in the port and airport and that they operate and are controlled in accordance with modalities and procedures set out in that decision and that competent authorities within the Union have been designated.”
  • Article 247(2): “When adopting the decision referred to in paragraph 1, the Cooperation Council may amend the list of provisions of Union law in Annex 20.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Article 247(5): “Until the entry into force of the decision referred to in paragraph 1, Gibraltar shall be regarded as a third territory under Union customs, indirect taxation and trade-related law.”

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72EUFisheries

Bringing the latest measures of regional fisheries management organisations into EU law: Commission proposal COM(2026) 198 final

Applies after a step This is a European Commission proposal only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's list of EU rules for Gibraltar, which includes EU acts that put fishery conservation and management measures into effect, but only once the Cooperation Council's decision on the EU customs and goods rules is taken, only as far as needed to avoid distortions with the neighbouring region, and only if this act is among the acts the Cooperation Council then sets out. The texts read do not settle that.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 15 June 2026 No date ahead given

Official text

Title: Implementation into Union law of the latest measures adopted by regional fisheries management organisations

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Fisheries (PECH)

Stage and date: Latest key event on the Legislative Observatory page: Committee referral announced in Parliament, 1st reading (15 June 2026). Status shown: Awaiting committee decision.

Two dates: Swiftsure's tracker records 'committee tabling report (first reading)' on 23 September 2026; the Observatory page lists the date 23 September 2026 in its documentation gateway as 'Committee draft report, reference PE796.153', not as a key event. The section shows the Observatory's own date (15 June 2026).

What the text says: A Regulation implementing into Union law the latest measures adopted by Regional Fisheries Management Organisations (ICCAT, SPRFMO, NAFO and others), including reporting and electronic monitoring duties.

Touches: Article 231 and Annex 20 point 1(b)

Text read: Legislative Observatory procedure page (source), 5,241 characters, fetched 9 October 2026 00:51, checksum 0856b25ba782; Commission proposal from the Publications Office open data (source), 94,460 characters, fetched 9 October 2026 01:00, checksum d32a5c8a6117.

Why it could matter to Gibraltar

The treaty's list of EU rules for Gibraltar includes EU acts that put fishery conservation and management measures into effect. This proposal would put into EU law new measures of six regional fisheries management organisations, including a rule on when certain fishing vessels may start landing fish or using other port services.

Now, or after which condition: The EU customs and goods rules listed in the treaty, which include EU acts that put fishery conservation and management measures into effect, apply in Gibraltar only once the Cooperation Council takes a decision. That decision must set the date from which those rules apply to the UK, for Gibraltar, and in Gibraltar. It must also declare that border control posts and customs offices have been set up at the port and airport, that they work and are controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which acts are on it. The list applies EU acts and other equivalent legislation as needed to avoid distortions with the neighbouring region, in the version that applies in the EU at the time. Until that decision enters into force, Gibraltar counts as a third territory for EU customs, indirect tax and trade rules. The files read hold no such decision, and the texts read do not say whether these measures are needed to avoid distortions with the neighbouring region. Separately, the treaty commits each side to its own effective tools against illegal, unreported and unregulated fishing; that applies no EU act. Stage: a proposal only, waiting for a committee decision in the European Parliament.

Why: This is a European Commission proposal only, still waiting for a committee decision in the European Parliament. If adopted, it would put into EU law new measures of six regional fisheries management organisations: for example, reporting duties for EU countries, camera and sensor systems on board some fishing vessels in the North-west Atlantic, rules on releasing sharks, and a rule that the master of a fishing vessel covered by the North-west Atlantic port rules may not start landing or transhipping fish, or using other port services, before the port authority authorises it or before the arrival time the vessel reported has passed, though the port's authorities may allow a start before that time. It could reach Gibraltar through the treaty's list of EU rules for Gibraltar only once the Cooperation Council's decision on the EU customs and goods rules is taken, only as far as needed to avoid distortions with the neighbouring region, and only if this act is among the acts the Cooperation Council then sets out.

Where it touches Gibraltar: The port (ship calls and ship services). If this proposal is adopted, the master of a fishing vessel covered by the North-west Atlantic port rules could not start landing or transhipping fish, or using other port services, before the port authority authorises it or before the arrival time the vessel reported has passed, though the port's authorities may allow a start before that time. The texts read do not say which vessels those port rules cover. This could apply at the port of Gibraltar only once the Cooperation Council's decision on the EU customs and goods rules is taken, only as far as needed to avoid distortions with the neighbouring region, and only if this act is among the EU fishery acts the treaty's list then carries. The texts read do not settle that, or how a rule written for the ports of EU countries would apply in Gibraltar. The proposal's other rules are for EU fishing vessels and EU countries.

Who it could affect: Select a group to read why.

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How it reaches Gibraltar: This is a Commission proposal only, so it could reach Gibraltar only if it is adopted. It could then come through Annex 20 point 1(b), which names 'Union acts concerning the implementation of fishery conservation and management measures', but only once the Cooperation Council adopts the decision in Article 247(1), only as far as necessary to avoid distortions with the neighbouring region (Annex 20 point 1), and as the Cooperation Council determines in greater detail (Annex 20 point 2); the texts read do not settle whether this act would be among those acts. Article 231 binds each Party to its own tools against illegal, unreported and unregulated fishing and applies no EU act.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). Annex 20 point 1(b) lists 'Union acts concerning the implementation of fishery conservation and management measures'. The proposal would implement into EU law measures adopted by ICCAT, SPRFMO, NAFO, IATTC, WCPFC and IOTC, including a port rule: the master of the vessel 'shall not commence landing or transhipment operations, or make use of other port services, before authorisation has been given by the competent port authority or prior to the expiry of the estimated time of arrival (ETA) as reported in PSC1 or PSC2' (Article 3(5) of the proposal). Article 231 binds each Party to its own effective tools against IUU fishing and to measures to exclude IUU products from trade flows; it applies no EU act.

Now, or after which condition: Annex 20 applies only once the Cooperation Council adopts the decision in Article 247(1). That decision must specify the date from which the provisions of EU law listed in Annex 20 apply to the UK, for Gibraltar, and in Gibraltar, and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled in accordance with the modalities and procedures set out in that decision, and that competent authorities within the EU have been designated (Article 247(1)(a) and (b)). The Cooperation Council may amend the Annex 20 list when adopting it (Article 247(2)) and is to determine the Annex 20 provisions in greater detail (Annex 20 point 2). Annex 20 point 1 applies EU acts and other equivalent legislation 'as necessary to avoid distortions with the neighbouring region in relation to Article 247(1)', in the version applicable at the time in the EU. Until the decision enters into force, Gibraltar is regarded as a third territory under EU customs, indirect taxation and trade-related law (Article 247(5)). The files read hold no such decision, and the texts read do not say whether these measures are necessary to avoid distortions with the neighbouring region. Article 231 is context only: it binds each Party to its own tools against IUU fishing and applies no EU act. Stage: a Commission proposal, not law unless adopted; the Legislative Observatory shows 'Awaiting committee decision' (Fisheries committee).

Why: This is a Commission proposal only, still waiting for a committee decision in the European Parliament. If adopted, it would write into EU law measures adopted by ICCAT, SPRFMO, NAFO, IATTC, WCPFC and IOTC, by amending the seven EU Regulations that implement them: for example, reporting duties for EU countries, requirements for an electronic monitoring system on board fishing vessels in the NAFO Regulatory Area where an EU country uses the derogation for it, rules on releasing sharks, and a rule that the master of the vessel may not start landing or transhipment operations, or make use of other port services, before the competent port authority authorises it or before the estimated time of arrival reported has passed, though these may start before that time with the permission of the port's competent authorities (Article 3(5) of the proposal, replacing Article 41(3) of Regulation (EU) 2019/833). It could reach Gibraltar through Annex 20 point 1(b) only once the Cooperation Council adopts the decision in Article 247(1), only as far as necessary to avoid distortions with the neighbouring region, and only if this act is among those the Cooperation Council then determines; the texts read do not settle that.

Where it touches Gibraltar: The port (crew changes, ship calls, bunkering and ship services). Of this route, the texts read show a change only to when such a vessel may start landing, transhipment or other port services; they do not name crew changes or bunkering. If adopted, Article 3(5) of the proposal would replace Article 41(3) of Regulation (EU) 2019/833 (NAFO): the master of the vessel 'shall not commence landing or transhipment operations, or make use of other port services, before authorisation has been given by the competent port authority or prior to the expiry of the estimated time of arrival (ETA) as reported in PSC1 or PSC2', though these may begin before the ETA 'with permission from the competent authorities of the port Member State'. The texts read do not include the rest of Article 41, so they do not show which vessels it covers. This rule could apply at the port of Gibraltar only once the Cooperation Council adopts the decision in Article 247(1), only as far as necessary to avoid distortions with the neighbouring region (Annex 20 point 1), and only if this act is among those Annex 20 point 1(b) then carries; the texts read do not settle whether it would be, or how a rule written for the port of an EU country would apply in Gibraltar. The proposal's other changes are aimed at EU fishing vessels and EU countries in the areas of those organisations and do not show a change on Gibraltar's other routes.

Businesses: If this proposal is adopted and Article 41(3) of Regulation (EU) 2019/833, as replaced by Article 3(5) of the proposal, came to apply at the port of Gibraltar, businesses there that land or tranship fish for, or give other port services to, the vessels that Article covers could see when those vessels may start: not before the competent port authority authorises it or before the estimated time of arrival reported has passed, though the port's competent authorities may allow a start before that time. The texts read do not include the rest of Article 41, so they do not show which vessels it covers. This could happen only once the Cooperation Council adopts the decision in Article 247(1), only as far as necessary to avoid distortions with the neighbouring region (Annex 20 point 1), and only if this act is among those Annex 20 point 1(b) then carries, which the texts read do not settle. The proposal's other rules are for EU fishing vessels and EU countries; the texts read do not show Gibraltar businesses among them.

Government of Gibraltar: If this proposal is adopted, the UK, for Gibraltar, could need to apply these fishery rules under Annex 20 point 1(b), as far as necessary to avoid distortions with the neighbouring region, but only once the Cooperation Council adopts the decision in Article 247(1) and only if this act is among the acts Annex 20 then carries, which the Cooperation Council is to determine in greater detail (Annex 20 point 2). The texts read do not say what the Government of Gibraltar would have to do, or which authorities would carry out the checks.

Row of the watch list: T1 Waters, the sea and fisheries; P02 Customs union and free movement of goods

The treaty’s words quoted (7)
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(b): “Union acts governing import and export prohibitions and restrictions on grounds of, inter alia, public morality, public policy or public security; the protection of the health and life of humans, animals or plants; the protection of the environment; the protection of national treasures possessing artistic, historic or archaeological value; the protection of industrial or commercial property, including controls on drug precursors, goods infringing certain intellectual property rights and cash; as well as Union acts concerning the implementation of fishery conservation and management measures and the implementation of commercial policy measures, safety and security measures or related to any border formalities and procedures to be controlled and applied by customs authorities;”
  • Article 231: “Each Party shall comply with international law, including adopting and maintaining their respective effective tools to combat Illegal Unreported and Unregulated ("IUU") fishing, and shall adopt measures to exclude the products of IUU fishing from trade flows, and cooperate to that end.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision: (a) specifying the date as from which the provisions of Union law listed in Annex 20 apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar; and (b) declaring that border control posts and customs offices have been established in the port and airport and that they operate and are controlled in accordance with modalities and procedures set out in that decision and that competent authorities within the Union have been designated.”
  • Article 247(2): “When adopting the decision referred to in paragraph 1, the Cooperation Council may amend the list of provisions of Union law in Annex 20.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Article 247(5): “Until the entry into force of the decision referred to in paragraph 1, Gibraltar shall be regarded as a third territory under Union customs, indirect taxation and trade-related law.”

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Gibraltar's own businesses and services (2)

85GibraltarVAT, excise, tobacco and tax cooperation

TGEU Implementation (Excise Duty) Regulations 2026 (Legal Notice 2026/361), made under section 13 of the Treaty on Gibraltar and the European Union Act 2026

Applies now This is Gibraltar's own law, made under section 13 of the Treaty on Gibraltar and the European Union Act 2026 and in operation from the Implementation Date (the copy shows 15 July 2026); it sets excise rates by reference to Part 3 of Schedule 2 to the Treaty on Gibraltar and the European Union Act 2026, which section 104(2) of the Treaty on Gibraltar and the European Union Act 2026 ties to Article 6 of Annex 24 to the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part.

Stage: see details

Latest step: 19 October 2026 (the date of the gibraltarlaws.gov.gi page; the copy shows commencement on 15 July 2026) No date ahead given

Official text

Title: TGEU Implementation (Excise Duty) Regulations 2026 (Legal Notice 2026/361), made under section 13 of the Treaty on Gibraltar and the European Union Act 2026

Who: Government of Gibraltar (made under section 13 of the Treaty on Gibraltar and the European Union Act 2026)

Stage and date: Made: Legal Notice 2026/361, subsidiary legislation under section 13 of the Treaty on Gibraltar and the European Union Act 2026. Regulation 2: 'These Regulations come into operation on the Implementation Date.' Section 6(2) of the Treaty on Gibraltar and the European Union Act 2026 says: 'Except where the contrary is expressed or implied, a reference in this Act to "the Implementation Date" includes a reference to any Provisional Implementation Date and to the General Implementation Date.' A Provisional Implementation Date is a date agreed under Article 336(2) of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part for its provisional application. Regulation 3 of the Regulations says 'expressions used have the same meaning as in the Treaty on Gibraltar and the European Union Act 2026'. The gibraltarlaws.gov.gi copy shows 'Commencement 15.7.2026'; the page is dated 19 October 2026. The Gazette in which the notice was published was not read.

What the text says: Sets the rates of excise duty chargeable in Gibraltar as the sterling equivalents of the minimum excise duty rates and minimum levels of taxation in Part 3 of Schedule 2 to the Treaty on Gibraltar and the European Union Act 2026 (regulation 4(1) and (2)), except paragraph 21 of that Part (regulation 4(3)); for paragraphs 22(a), (b) and (c) the rates are the sterling equivalent of the minimum amounts set out in euro per kilogram (regulation 4(4)). The exchange rate is that published by the European Central Bank on the first working day of October 2025 until 31 December 2026, and from then each year the rate of the first working day of October of the year before, fixed for the calendar year (regulation 5(1) to (3); where the European Central Bank does not publish a reference exchange rate on the first working day of October, the rate is the one published on the next working day on which a rate is available); the Minister, after consulting the Financial Secretary and by notice in the Gazette, may keep the rates unchanged at the yearly adjustment if converting the euro rates would raise the sterling rates by less than 5% or less than EUR 5, whichever is the lower amount, and the notice must specify the period during which the rates are to be maintained (regulation 5(4) and (5)); amounts are rounded up to the nearest penny (regulation 5(6)).

Touches: Article 248(3) and (4) of, and Annex 24, Article 6 to, the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part; section 104(2) of the Treaty on Gibraltar and the European Union Act 2026

Text read: Gibraltar Laws PDF of Legal Notice 2026/361, text extracted, fetched 26 October 2026 07:59, checksum of the extracted text 05ef7cb14d97; the gibraltarlaws.gov.gi page, text, fetched 26 October 2026 07:59, checksum of the saved text 7ab2be42ecaf.

Why it could matter to Gibraltar

These Regulations set Gibraltar's excise duty rates at the sterling value of the minimum rates in Part 3 of Schedule 2 to the Treaty on Gibraltar and the European Union Act 2026, except paragraph 21 of that Part. Section 104(2) of the Treaty on Gibraltar and the European Union Act 2026 ties that Part to Article 6 of Annex 24 to the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part.

Now, or after which condition: Now: the Regulations come into operation on the Implementation Date (the copy shows 15 July 2026). At each yearly adjustment the Minister, after consulting the Financial Secretary, may keep the existing rates by a notice in the Gazette that specifies the period, where the rise would be less than 5% or less than EUR 5, whichever is lower.

Why: These Gibraltar Regulations set the excise duty rates charged in Gibraltar at the sterling value of the minimum rates in Part 3 of Schedule 2 to the Treaty on Gibraltar and the European Union Act 2026, except paragraph 21 of that Part. They come into operation on the Implementation Date; the published copy shows 15 July 2026. The euro amounts are converted at a European Central Bank rate fixed once a year, but at each yearly adjustment the Minister, after consulting the Financial Secretary, may keep the existing rates by a notice in the Gazette that specifies the period, where the rise would be less than 5% or less than EUR 5, whichever is lower. Goods listed in that Part that are brought into or produced in Gibraltar could bear duty at these rates.

Where it touches Gibraltar: Goods listed in Part 3 of Schedule 2 to the Treaty on Gibraltar and the European Union Act 2026 that are brought into or produced in Gibraltar could bear duty at these rates; the texts read do not say who is liable to pay it.

Who it could affect: Select a group to read why.

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Grade NOW (Article 248(3) and (4); Annex 24, Article 6(2)(a); section 104(2) of the Treaty on Gibraltar and the European Union Act 2026).

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67EUTransport and aviation

EU public procurement Regulation: Commission proposal COM(2026) 590 final

Applies after a step This is a proposal only. If it is adopted, its change to the EU rules on public passenger transport services by rail and by road could reach Gibraltar only for certain state aid. That is state aid granted by the UK, for Gibraltar, that has or could have an effect on trade in goods or investment between the EU and Gibraltar. It would come through the treaty's procedure for new EU acts, in which the UK, for Gibraltar, decides whether to accept them. It would also be subject to the limits the treaty sets in its list of EU state aid rules, which includes those passenger transport rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 9 September 2026 No date ahead given

Official text

Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on public contracts and concessions, repealing Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, and amending Regulations (EC) No 1370/2007, (EU) 2023/1542, (EU) 2024/1157, (EU) 2024/1252, (EU) 2024/1735, (EU) 2024/1781, (EU) 2024/2847, (EU) 2024/3110 and (EU) 2025/40, and Directives 2008/98/EC, (EU) 2019/882, (EU) 2022/2381, (EU) 2023/1791 and (EU) 2024/1760 (Public Procurement Act)

Who: European Commission (to the European Parliament and the Council of the European Union)

Stage and date: Proposed by the Commission, 9 September 2026 (COM(2026) 590 final, procedure 2026/0265(COD)). It would apply two years after entry into force (Article 149). Not law unless adopted.

What the text says: A Public Procurement Act: a Regulation on public contracts and concessions that repeals Directives 2014/23/EU, 2014/24/EU and 2014/25/EU and amends, among others, Regulation (EC) No 1370/2007 on public passenger transport services by rail and by road, so that its 'Security and Resilience' and 'European Preference' chapters would also apply to contracts under that Regulation (recital 36).

Touches: Article 201 and Annex 18 (state aid substantive rules, which list Regulation (EC) No 1370/2007)

Text read: Publications Office open-data text (document list) (source), 606,160 characters, fetched 9 October 2026 00:52, checksum 3824fe00e317.

Why it could matter to Gibraltar

This proposal amends the EU rules on public passenger transport services by rail and by road, which the treaty lists among the EU state aid rules for Gibraltar. The treaty applies its procedure for new EU acts to that list, subject to the limits that follow in it. The rest of this proposal has no tie in the treaty's words quoted on this card.

Now, or after which condition: Only the change to the EU rules on public passenger transport services by rail and by road is tied. The treaty applies its procedure for new EU acts to the EU state aid rules it lists, subject to the limits that follow in that list. The procedure covers later EU acts that amend, replace, supplement or implement a listed act, and other EU acts on the same subject. Under it, the UK, for Gibraltar, is to have in its law and apply the same provisions, on the conditions the treaty sets. Once the EU gives notice of such an act, the UK, for Gibraltar, has 30 days to say whether it accepts it. The limits in the list say three things. First, the listed acts apply, with the necessary adaptations, to state aid granted by the UK, for Gibraltar, that has or could have an effect on trade in goods or investment between the EU and Gibraltar. Second, some listed acts may not be immediately relevant because of Gibraltar's geography. The UK, for Gibraltar, need not put such an act into its domestic law until it has the economic activity the act regulates in its territory, or unless it intends to grant aid that could fall under it. Third, in any event its independent authority or body must pay due regard without delay to the relevant listed acts if called upon to assess state aid. This is a proposal, not law unless adopted.

Why: This is a European Commission proposal only, so it can matter only if it is adopted. It would amend the EU rules on public passenger transport by rail and by road. The treaty lists those rules among the EU state aid rules for aid that has or could have an effect on trade in goods or investment between the EU and Gibraltar. Once adopted, the change could reach Gibraltar through the treaty's procedure for new EU acts, in which the UK, for Gibraltar, decides whether to accept them. That is subject to the limits the treaty sets in that list. No tie was found for the rest of this proposal.

Where it touches Gibraltar: Gibraltar's own businesses, including services sold to the UK and the EU. If this proposal is adopted, public buyers could restrict tenders to businesses that originate in the EU or are covered, and reject other tenders. They could also require goods, services or works of EU or covered origin, fully, to a certain degree or for specific components. Under this proposal's origin rules, businesses are covered where they originate in a country outside the EU that is party to the World Trade Organization agreement on government procurement. They are also covered where they originate in a country outside the EU that has a trade agreement or an agreement setting up a customs union with the EU, on the conditions that agreement sets. In either case, the purchase must also fall within the EU's public procurement commitments in that agreement. The European Commission may still treat them as not covered in the cases this proposal sets out. The treaty's texts read set no general rules on public procurement: they mention a public tender only for choosing the company that runs Gibraltar airport day to day, and list obstructing public tender procedures among the offence categories used for exchanging criminal records. The texts read do not settle whether Gibraltar businesses could count as originating in the EU or as covered through the UK. So Gibraltar businesses that sell to public buyers in the EU could be limited. Separately, this proposal's change to the EU rules on public passenger transport by rail and by road could reach Gibraltar only for certain state aid. That is state aid granted by the UK, for Gibraltar, that has or could have an effect on trade in goods or investment between the EU and Gibraltar. That would be through the treaty's procedure for new EU acts, and with the limits the treaty sets in its list of EU state aid rules.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a proposal only. If it is adopted, its change to Regulation (EC) No 1370/2007 could reach Gibraltar only for state aid within Article 201(1). It would come through the Article 19 steps, and only subject to the limits in the later paragraphs of Annex 18, which lists that Regulation.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). Amends Regulation (EC) No 1370/2007, listed in Annex 18, to which Annex 18 applies Article 19 'subject to the following paragraphs'; the rest of the Public Procurement Act has no quoted tie.

Now, or after which condition: Only the amendment of Regulation (EC) No 1370/2007 is tied. Annex 18 applies Article 19 to its listed acts 'subject to the following paragraphs'. Those paragraphs say: the listed acts apply, with the necessary adaptations, to state aid granted by the UK, for Gibraltar, within Article 201(1); some listed acts may not be immediately relevant because of Gibraltar's geography, and the UK, for Gibraltar, need not put such an act into its domestic law until it has the economic activity the act regulates in its territory, or unless it intends to grant aid that could fall under it; and in any event its independent authority or body must pay due regard without delay to the relevant listed acts if called upon to assess state aid. Stage: proposal, not law unless adopted.

Why: This is a Commission proposal only, so it can matter only if it is adopted. It would amend Regulation (EC) No 1370/2007 on public passenger transport by rail and by road. Annex 18 lists that Regulation for state aid under Article 201(1). Once adopted, the change could reach Gibraltar through the Article 19 steps, subject to the limits in Annex 18. No tie was found for the rest of the Public Procurement Act.

Where it touches Gibraltar: Gibraltar's own businesses, including services sold to the UK and the EU. If the proposal is adopted, public buyers could restrict tenders to economic operators that originate in the EU or are 'covered', reject other tenders, and require goods, services or works of EU or covered origin, fully, to a certain degree or for specific components (proposal Article 73). Operators are covered where, under Article 74(1), they originate in a third country that is party to the World Trade Organization Government Procurement Agreement (GPA), or that has a trade agreement or an agreement establishing a customs union with the EU, under the conditions laid down in that agreement, and the procurement falls within the EU's public procurement commitments in that agreement (proposal Article 70); the Commission may still treat them as not covered in the cases in proposal Article 72. The texts read of that treaty set no general rules on public procurement (they mention a public tender only in Article 274(1) and (2), for the company in charge of the day-to-day management of Gibraltar airport, and in Annex 12, which lists 'Obstructing of public tender procedures' among offence categories), and the texts read do not settle whether Gibraltar businesses could count as originating in the EU or as covered through the UK. So Gibraltar businesses that sell to public buyers in the EU could be limited. Separately, the proposal's change to Regulation (EC) No 1370/2007 could reach Gibraltar only for state aid within Article 201(1), through the Article 19 steps and with the limits in Annex 18.

Businesses: Businesses that run public passenger transport by rail or by road could be affected if they receive state aid from the UK, for Gibraltar. This applies only where that aid has or could have an effect on trade in goods or investment between the EU and Gibraltar (Article 201(1)). It could happen only if the proposal is adopted and the change reaches Gibraltar through Article 19.

Government of Gibraltar: If the proposal is adopted, the UK, for Gibraltar, would have 30 days after the EU's notice to say whether it accepts the change (Article 19(3)). Annex 18 notes a limit. Some listed acts may not be immediately relevant because of objective constraints from Gibraltar's geography. Then there is no duty to put them into domestic law until the activity exists in Gibraltar, or unless aid that could fall under them is intended. In any event, the independent state aid authority or body must pay due regard without delay to the relevant listed acts if asked to assess state aid.

Row of the watch list: An act the treaty cites: 32007R1370; P07 Transport policy

The treaty’s words quoted (2)
  • Annex 18 (opening): “Article 19 of this Agreement shall apply to the Union acts listed in this Annex, subject to the following paragraphs.”
  • Annex 18 (list): “Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road”

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Residents' rights (1)

63EUBorders, police, justice and personal data

EU Digital Omnibus: data protection and digital rules: Commission proposal COM(2025) 837 final

Applies after a step Only once this proposal is adopted would the UK, for Gibraltar, decide whether to accept its changes to the General Data Protection Regulation. That decision comes through the treaty's procedure for new EU acts, on the conditions the treaty sets, because the treaty lists that Regulation for Gibraltar and applies the procedure to it. Whether the procedure reaches the other acts this proposal changes, as acts on the same subject as a listed act, is not settled.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 19 January 2026 No date ahead given

Official text

Title: Amending Regulations (EU) 2016/679, (EU) 2018/1724, (EU) 2018/1725, (EU) 2023/2854 and Directives 2002/58/EC, (EU) 2022/2555 and (EU) 2022/2557 as regards the simplification of the digital legislative framework, and repealing Regulations (EU) 2018/1807, (EU) 2019/1150, (EU) 2022/868, and Directive (EU) 2019/1024 (Digital Omnibus)

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Civil Liberties, Justice and Home Affairs (LIBE), Industry, Research and Energy (ITRE); other committees JURI, IMCO

Stage and date: Latest key event on the Legislative Observatory page: Committee referral announced in Parliament, 1st reading (19 January 2026). Status shown: Awaiting committee decision.

Two dates: Swiftsure's tracker records 'committee tabling amendment (first reading)' on 27 July 2026; the Observatory page lists the date 27 July 2026 in its documentation gateway as 'Amendments tabled in committee, reference PE786.820', not as a key event. The section shows the Observatory's own date (19 January 2026).

What the text says: A Digital Omnibus Regulation that amends Regulations (EU) 2016/679 (the General Data Protection Regulation), (EU) 2018/1724, (EU) 2018/1725 and (EU) 2023/2854 and Directives 2002/58/EC, (EU) 2022/2555 and (EU) 2022/2557, including new rules for the Data Act and a single entry point for incident reporting.

Touches: Article 14 and Annex 3 (with Article 19)

Text read: Legislative Observatory procedure page (source), 10,915 characters, fetched 9 October 2026 00:49, checksum bf5c68a0db96; Commission proposal from the Publications Office open data (source), 383,064 characters, fetched 9 October 2026 00:57, checksum 31602fbadb10.

Why it could matter to Gibraltar

This proposal amends the General Data Protection Regulation, which the treaty lists for Gibraltar. The treaty applies to it its procedure for new EU acts, in which the UK, for Gibraltar, decides whether to accept them. The tie is firm for that Regulation only: none of the treaty's words quoted on this card shows the other acts this proposal amends as tied.

Now, or after which condition: The treaty applies its procedure for new EU acts to the General Data Protection Regulation, which it lists for Gibraltar. The procedure covers later EU acts that amend, replace, supplement or implement a listed act, and other EU acts on the same subject as a listed act. Under it, the UK, for Gibraltar, is to have in its law and apply the same provisions as such a later act. This works only on the conditions the treaty sets for the procedure, and only once the act is adopted; this is a proposal. Once the EU notifies such an act, the UK, for Gibraltar, has 30 days to say whether it accepts its content and puts it into its domestic law. The treaty leaves out of its list the Regulation's provisions on the lead supervisory authority.

Why: This proposal would change the General Data Protection Regulation, which the treaty lists for Gibraltar. It is a proposal only, so it matters only if it is adopted. Then the UK, for Gibraltar, would have 30 days to decide whether to accept those changes. The treaty leaves out of its list the Regulation's rules on the lead supervisory authority and the supervisory authority concerned. Whether the other acts this proposal changes could reach Gibraltar is not settled.

Where it touches Gibraltar: Gibraltar's own businesses, including services sold to the UK and the EU; residents' rights. The treaty ties Gibraltar's data protection rules to the General Data Protection Regulation, which this proposal would change. If it is adopted and the UK, for Gibraltar, accepts the changes through the treaty's procedure for new EU acts, the data protection duties of Gibraltar businesses and the data protection rights of residents could change.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: Only once this proposal is adopted, the UK, for Gibraltar, would decide under Article 19(1)(b)(i) and Article 19(2) to (4) whether to accept its changes to the General Data Protection Regulation, which Annex 3 lists and to which Article 14(3) applies Article 19; whether Article 19(1)(b)(iii) reaches the other acts it changes is not settled.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). Amends the General Data Protection Regulation, listed in Annex 3, to which Article 14(3) applies Article 19; the tie is firm for that Regulation only: the other amended acts are not shown as tied by any quote.

Now, or after which condition: Article 14(3): Article 19 applies to Annex 3 (the General Data Protection Regulation). Article 19(1)(b) works only 'under the conditions laid down in paragraphs 2 to 4' and once the act is adopted; this is a proposal. Article 14(2) leaves out of Annex 3 the provisions of the Regulation on the lead supervisory authority.

Why: This proposal would change the General Data Protection Regulation, which Annex 3 of that treaty lists. It is a proposal only, so it matters only if it is adopted. Then the UK, for Gibraltar, would have 30 days to decide whether to accept those changes (Article 19(2) and (3)). Article 14(2) leaves out of Annex 3 the Regulation's rules on the lead supervisory authority and the supervisory authority concerned. Whether the other acts it changes could reach Gibraltar is not settled.

Where it touches Gibraltar: Gibraltar's own businesses, including services sold to the UK and the EU; residents' rights. Article 14 and Annex 3 tie Gibraltar's data protection rules to the General Data Protection Regulation, which this proposal would change. If it is adopted and the UK, for Gibraltar, accepts the changes under Article 19, the data protection duties of Gibraltar businesses and the data protection rights of residents could change.

Residents: Article 14 of that treaty ties Gibraltar's data protection rules to the General Data Protection Regulation. If this proposal is adopted and its changes are accepted under Article 19, the rules protecting residents' personal data in Gibraltar could change.

Businesses: Article 14 of that treaty ties Gibraltar's data protection rules to the General Data Protection Regulation. If this proposal is adopted and its changes are accepted under Article 19, the data protection duties of Gibraltar businesses that handle personal data could change.

Government of Gibraltar: If the proposal is adopted, the UK, for Gibraltar, would have 30 days to tell the EU whether it accepts the changes to the General Data Protection Regulation and puts them into its domestic law (Article 19(3)). If they are accepted, Gibraltar law could need changing.

Row of the watch list: An act the treaty cites: 32016R0679; P13 Industrial policy and internal market

The treaty’s words quoted (3)
  • Article 14(3): “Article 19 shall apply to Annex 3”
  • Annex 3 item 1: “Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)”
  • Article 19(1): “The United Kingdom, in respect of Gibraltar, shall have in place in its domestic law, and effectively apply, the same provisions as those contained: (a) in the Union acts listed in those provisions of this Agreement and in those Annexes to this Agreement to which this Article applies; or (b) under the conditions laid down in paragraphs 2 to 4, in a subsequent Union act, namely: (i) a Union act amending or replacing a Union act as referred to in point (a); (ii) a Union act supplementing or implementing a Union act as referred to in point (a); or (iii) another Union act on the subject matter of a Union act as referred to in point (a).”

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Not shown to reach Gibraltar's routes: kept for the record (14)

For these entries, the texts read do not show a change to what happens on any of Gibraltar's routes: goods coming from the UK; goods coming from Spain or the rest of the EU under the customs union; the frontier with Spain; the airport (flights to and from the UK); the port (crew changes, ship calls, bunkering and ship services); Gibraltar's own businesses, including services sold to the UK and the EU; and residents' rights. Each card says what its texts show. They are kept for the record and are not counted in the totals or the filters above.

17EUProduct rules and goods placed on the market

EU engine testing rules: hydrogen as a reference fuel: Commission proposal COM(2026) 523 final

Applies after a step This is a Commission proposal only. It could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, under which goods made or put on the market in Gibraltar must meet the relevant EU rules, if it is one of those rules, which is not settled. The EU product rules the treaty lists could also carry it, but only once the Cooperation Council's decision on the EU customs and goods rules is taken.

Not shown to reach Gibraltar's routes: It would add hydrogen to the reference fuels used to test engine types and engine families for non-road mobile machinery. It is aimed at engine makers, and its text does not change what a supplier in the UK or the EU must do for goods reaching Gibraltar.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 19 October 2026 No date ahead given

Official text

Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2016/1628 as regards the inclusion of hydrogen as a reference fuel for the testing of an engine type or engine family

Who: European Commission (to the European Parliament and the Council of the European Union)

Stage and date: Proposed by the Commission, 1 October 2026 (COM(2026) 523 final, procedure 2026/0294(COD)). Not law unless adopted. Legislative Observatory page: status shown, Awaiting committee decision; latest key event, Committee referral announced in Parliament, 1st reading (19 October 2026).

What the text says: Adds hydrogen to the reference fuels used to test engine types and engine families under Regulation (EU) 2016/1628 on non-road mobile machinery (proposal Article 1 adds point (g) to Article 25(2) and changes Article 43(4)); it would enter into force on the twentieth day after publication.

Touches: Article 256(1) and Annex 20 point 1(e)

Text read: Publications Office open-data text (source), 53,963 characters, fetched 9 October 2026 00:47, checksum 6428f9edd1ed.

Why it could matter to Gibraltar

A reference fuel for testing engine types is a rule on making engines or putting them on the market. Under the treaty's goods rule, goods made or put on the market in Gibraltar must meet the relevant EU rules of that kind. The EU rules the treaty lists also include product rules.

Now, or after which condition: Under the treaty's goods rule, the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be made or put on the market in Gibraltar only if they meet the relevant EU rules on making them or putting them on the market. This goods rule does not wait for the Cooperation Council's decision; it applies from the day the treaty enters into force. The two sides may agree to apply the treaty provisionally before then. The part of the treaty that holds the goods rule stops applying if certain administrative arrangements the treaty lists are suspended or ended, and starts again when they are restored. Without affecting the goods rule, goods lawfully put on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The treaty lists exceptions, for example goods made in Gibraltar only for export outside Gibraltar or the EU without first being put on the Gibraltar or EU markets. Separately, the EU product rules, requirements and standards for the EU single market that the treaty lists apply only after a decision of the Cooperation Council. The EU customs and goods rules listed in the treaty apply in Gibraltar only once the Cooperation Council takes a decision. That decision must set the date from which those rules apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which acts are on it. The list applies EU acts and other equivalent legislation as needed to avoid distortions with the neighbouring region, in the version that applies in the EU at the time. Until that decision enters into force, Gibraltar counts as a third territory for EU customs, indirect tax and trade rules.

Why: This is a Commission proposal only, and it matters only if it is adopted. It would add hydrogen to the fuels used to test engines for non-road mobile machinery. It could then change a product rule for these engines made or put on the market in Gibraltar, under the treaty's goods rule, if it counts as a relevant EU rule there, which is not settled. The EU product rules the treaty lists could carry it only once the Cooperation Council's decision on the EU customs and goods rules is taken.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a Commission proposal only. It could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if it is one of the relevant EU product rules there, which is not settled. Annex 20 point 1(e) could also carry it, but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). A reference fuel for testing engine types is a rule on the production or placing on the market of engines (Article 256(1)); Annex 20 point 1(e) names product rules.

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The Parties may agree to apply the treaty provisionally earlier (Article 336(2) and (4)), and Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts again when they are restored. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in an EU country compliant, and Article 256(3) lists exceptions (for example goods produced in Gibraltar exclusively for export 'without being first placed on the Gibraltar or Union markets'). Annex 20 point 1(e) ('Union acts setting product rules, requirements and standards applicable in the Union's internal market') applies only after the Article 247(1) decision (see its conditions in the other entries).

Why: This is a Commission proposal only, and it matters only if it is adopted. It would add hydrogen to the fuels used to test engines for non-road mobile machinery. It could then change a product rule for these engines made or sold in Gibraltar under Article 256(1), if it counts as a relevant EU rule there, which is not settled. Annex 20 point 1(e) could carry it only once the Cooperation Council adopts the decision in Article 247(1).

Businesses: Gibraltar businesses that make, import or sell engines for non-road mobile machinery could face a changed testing rule, including hydrogen as a test fuel. This could happen only if the proposal is adopted. It could then apply if it counts as a relevant EU rule under Article 256(1), which is not settled, or through Annex 20 point 1(e) once the Cooperation Council adopts the decision in Article 247(1).

Government of Gibraltar: Under Article 256(1), the UK, for Gibraltar, must have and apply laws so that goods made or sold in Gibraltar meet the relevant EU rules for them. If this proposal is adopted and counts as one of those rules, which is not settled, Gibraltar's public authorities could need to adjust and enforce Gibraltar law for these engines. Annex 20 point 1(e) could also carry it, but only once the Cooperation Council adopts the decision in Article 247(1).

Not shown to reach Gibraltar's routes: It would add hydrogen to the reference fuels used to test engine types and engine families for non-road mobile machinery. It is aimed at engine makers, and its text does not change what a supplier in the UK or the EU must do for goods reaching Gibraltar.

Row of the watch list: P13 Industrial policy and internal market

The treaty’s words quoted (9)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision: (a) specifying the date as from which the provisions of Union law listed in Annex 20 apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar; and (b) declaring that border control posts and customs offices have been established in the port and airport and that they operate and are controlled in accordance with modalities and procedures set out in that decision and that competent authorities within the Union have been designated.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”

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19EUProduct rules and goods placed on the market

EU chemicals rules and defence readiness: Commission proposal COM(2025) 822 final

Applies after a step This is a proposal only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if the changed rules count among those rules (this is not settled). It could also come through the treaty's list of EU product rules, which names chemicals, but only after the Cooperation Council's decision on the EU customs and goods rules. Its changes to the EU chemicals, classification and labelling, and biocides rules widen the exemptions for defence that EU countries may already allow; the texts read do not say whether the UK, for Gibraltar, could use them.

Not shown to reach Gibraltar's routes: If adopted as the European Commission proposed, it would widen the exemptions that EU countries may already allow from the EU chemicals rules known as REACH, from the EU classification, labelling and packaging rules and from the EU biocides rules, where needed in the interests of defence. It would also let EU countries make exemptions from a reporting duty under the EU rules on persistent organic pollutants, to protect sensitive information, and it would change the rules of the European Defence Fund. These are options for EU countries and rules on EU defence funding. The text does not itself change what a supplier in the UK or the EU must do for goods reaching Gibraltar, and the texts read do not say whether the UK, for Gibraltar, could allow such exemptions. The text the European Parliament adopted was not among the texts read and may differ.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 21 October 2026 No date ahead given

Official text

Title: Amending Regulations (EC) No 1907/2006, (EC) No 1272/2008, (EU) No 528/2012, (EU) 2019/1021 and (EU) 2021/697 as regards defence readiness and facilitating defence investments and conditions for defence industry

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Environment, Climate and Food Safety (ENVI), Security and Defence (SEDE), Industry, Research and Energy (ITRE); other committees IMCO

Stage and date: Latest key event on the Legislative Observatory page: Final act signed (21 October 2026). Status shown: Procedure completed, awaiting publication in Official Journal.

What the text says: A Regulation on defence readiness that amends Regulations (EC) No 1907/2006 (REACH), (EC) No 1272/2008 (classification, labelling and packaging), (EU) No 528/2012 (biocides), (EU) 2019/1021 (persistent organic pollutants) and (EU) 2021/697 (European Defence Fund); for example proposal Article 2 amends Article 1(4) of Regulation (EC) No 1272/2008 and Article 3 amends Article 2(8) of Regulation (EU) No 528/2012 so that 'Member States may allow for exemptions ... where necessary in the interests of defence'.

Touches: Article 256(1), Annex 20 point 1(e) (chemicals), Article 219(4) and Gibraltar's Chemicals Regulations 2026 ()

Text read: Legislative Observatory procedure page (source), 8,658 characters, fetched 9 October 2026 00:49, checksum 50a23814718a; Commission proposal from the Publications Office open data (source), 41,868 characters, fetched 9 October 2026 00:54, checksum 43c30329b7d0.

Why it could matter to Gibraltar

This proposal would widen the exemptions that EU countries may already allow from the EU chemicals rules known as REACH, from the EU classification, labelling and packaging rules and from the EU biocides rules, where needed in the interests of defence. The treaty names chemicals among the EU product rules it lists for Gibraltar, and the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on putting goods on the market. Gibraltar's Chemicals Regulations 2026 refer to the REACH rules and to the classification, labelling and packaging rules, as amended from time to time.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully carried out, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again from the day the suspension is lifted or new administrative arrangements are concluded. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet the rules for goods to be put on the market in Gibraltar. The goods rule does not apply in some cases, for example to goods produced in Gibraltar only for export outside Gibraltar or the EU without first being put on the Gibraltar or EU market. The treaty's list of EU product rules, requirements and standards for the EU's internal market applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The list covers only the EU acts needed to avoid distortions with the neighbouring region. The changes this proposal makes to the EU chemicals, classification and labelling, and biocides rules widen the exemptions for defence that EU countries may already allow; the texts read do not say whether the UK, for Gibraltar, could allow them. The European Parliament adopted its first-reading position on 16 September 2026, and the Council's is awaited; the text the Parliament adopted was not among the texts read and may differ.

Why: This is a European Commission proposal only. The European Parliament adopted its first-reading position on 16 September 2026. The Legislative Observatory page read on 26 October 2026 shows the final act signed on 21 October 2026 and the procedure completed, awaiting publication in the Official Journal. If adopted, it would widen the exemptions that EU countries may already allow from EU chemicals and biocides rules where needed in the interests of defence. That could change the rules for these goods in Gibraltar under the treaty's goods rule, if these rules count among the relevant EU rules, which is not settled, or under the treaty's list of EU product rules, but only after the Cooperation Council's decision on the EU customs and goods rules. The texts read do not say whether the UK, for Gibraltar, could use the exemptions.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a proposal only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if the changed rules count among the relevant EU rules on goods (this is not settled), or through Annex 20 point 1(e), which names chemicals, but only once the Cooperation Council adopts the decision in Article 247(1). Its changes to the chemicals, classification and labelling, and biocides rules widen the exemptions that EU countries may already allow in the interests of defence; the texts read do not say whether the UK, for Gibraltar, could use them.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The proposal amends Regulation (EC) No 1907/2006 (REACH), Regulation (EC) No 1272/2008 (classification, labelling and packaging) and Regulation (EU) No 528/2012 (biocidal products) to widen the exemptions that EU countries may already allow where necessary in the interests of defence (the proposal's explanatory memorandum and recitals 3 and 4): chemicals are named in Annex 20 point 1(e), and Article 256(1) covers the relevant EU rules on producing goods or placing them on the market in Gibraltar. Gibraltar's Chemicals Regulations 2026 (Legal Notice 183/2026) define the REACH and CLP Regulations 'as amended from time to time' and were made for the implementation of Article 219(4). The amendments to Regulation (EU) 2021/697 concern the European Defence Fund and have no tie to that treaty in the texts read.

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The Parties may agree to apply the treaty provisionally earlier, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 (monitoring and tracking of tobacco) are in place (Article 336(2) and (4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'Without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant, and Article 256(3) lists exceptions (for example goods produced in Gibraltar exclusively for export 'without being first placed on the Gibraltar or Union markets'). Annex 20 point 1(e) ('Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures') applies only once the Cooperation Council adopts a decision under Article 247(1) that specifies the date from which Annex 20 applies and declares that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1). The amendments say 'Member States may allow for exemptions' where necessary in the interests of defence (proposal Articles 1 to 3); the texts read do not say whether the UK, for Gibraltar, may allow them. Stage: the European Parliament adopted its first-reading position on 16 September 2026; the Legislative Observatory page read on 26 October 2026 shows the final act signed on 21 October 2026, procedure completed, awaiting publication in the Official Journal; the text Parliament adopted was not among the texts read and may differ from the proposal.

Why: This is a Commission proposal only. The European Parliament adopted its first-reading position on 16 September 2026, and the Legislative Observatory page read on 26 October 2026 shows the final act signed on 21 October 2026, procedure completed, awaiting publication in the Official Journal; the text Parliament adopted was not among the texts read and may differ. If adopted as proposed, it would widen the exemptions that EU countries may already allow from Regulation (EC) No 1907/2006 (REACH), Regulation (EC) No 1272/2008 and Regulation (EU) No 528/2012 (biocidal products) where necessary in the interests of defence, let EU countries make exemptions from a reporting requirement under Regulation (EU) 2019/1021 to protect sensitive information, and change rules of the European Defence Fund. That could change the rules Gibraltar suppliers must meet, if these rules count under Article 256(1) of that treaty, which is not settled, or under Annex 20 point 1(e) only once the Cooperation Council adopts the decision in Article 247(1). The texts read do not say whether the UK, for Gibraltar, could use the defence exemptions.

Businesses: Gibraltar businesses that make or sell chemicals or biocidal products could face different rules for defence uses, but only if the proposal is adopted. Even then, the changes could reach Gibraltar only if they count among the relevant EU rules under Article 256(1), which is not settled, or under Annex 20 point 1(e) once the Cooperation Council adopts the decision in Article 247(1). The changes to these rules widen exemptions that EU countries may already allow; the texts read do not say whether the UK, for Gibraltar, could allow them, and Gibraltar's Chemicals Regulations 2026 (Legal Notice 183/2026), as read, contain no exemption in the interests of defence.

Government of Gibraltar: Gibraltar's Chemicals Regulations 2026 (Legal Notice 183/2026) define the REACH Regulation and the CLP Regulation, both 'as amended from time to time', and were made for the implementation of Article 219(4). If the proposal is adopted, the Government of Gibraltar could need to check those Regulations against the amended rules. Article 218(1)(i) counts the prevention of risks from chemical substances among the areas of environmental levels of protection, and Article 219(4) requires the UK, for Gibraltar, to uphold levels equivalent to those in place in the EU, which for the EU are the levels common to all EU countries (Article 218(2)). The texts read do not settle whether an exemption that each EU country may allow would change that EU level.

Not shown to reach Gibraltar's routes: If adopted as the Commission proposed, it would widen the exemptions that EU countries may already allow from Regulation (EC) No 1907/2006 (REACH), Regulation (EC) No 1272/2008 and Regulation (EU) No 528/2012 where necessary in the interests of defence (proposal Articles 1 to 3; recitals 3 and 4), let EU countries make exemptions from a reporting requirement of Regulation (EU) 2019/1021 to protect sensitive information (proposal Article 4, point (3)), and change the European Defence Fund rules in Regulation (EU) 2021/697 (proposal Article 5). These are options for EU countries and rules on EU defence funding; the text does not itself change what a supplier in the UK or the EU must do for goods reaching Gibraltar, and the texts read do not say whether the UK, for Gibraltar, could allow such exemptions. The text adopted by the European Parliament was not among the texts read and may differ.

Row of the watch list: An act the treaty cites: 32006R1907; G-LN-183 LN 183/2026 Chemicals Regulations 2026

The treaty’s words quoted (11)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision: (a) specifying the date as from which the provisions of Union law listed in Annex 20 apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar; and (b) declaring that border control posts and customs offices have been established in the port and airport and that they operate and are controlled in accordance with modalities and procedures set out in that decision and that competent authorities within the Union have been designated.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Article 219(4): “The United Kingdom, in respect of Gibraltar, shall uphold environmental and climate levels of protection that are equivalent to the levels in place in the Union, including by effectively enforcing environmental and climate law applicable to and in Gibraltar.”
  • Gibraltar Legal Notice 183 of 2026 (REACH): “the REACH Regulation” means Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration,”
  • Gibraltar Legal Notice 183 of 2026 (opening words): “make provision for the purposes of the implementation of Article 219(4) of the Agreement in respect of Gibraltar”

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21EUProduct rules and goods placed on the market

European Chemicals Agency Regulation: Commission proposal COM(2025) 386 final

Applies after a step This is a proposal only, so it can matter only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, but whether it counts among those rules is not settled. It could also come through the treaty's list of EU product rules, which names chemicals, but only after the Cooperation Council's decision on the EU customs and goods rules. As read, the proposal changes how the European Chemicals Agency is organised, run and financed.

Not shown to reach Gibraltar's routes: If adopted as the European Commission proposed, it would set out in a new law how the European Chemicals Agency is organised, run and financed, including its management board, its executive director, its committees, its board of appeal, its budget and its staff. It would move those rules out of the EU chemicals rules known as REACH, remove the separate budgets for the Agency's work under three other EU chemicals laws, and let one of its committees help another, on request. It is aimed at the Agency, its bodies and its budget. The texts read do not show a change to what a supplier in the UK or the EU must do for goods reaching Gibraltar, or to what happens on any of Gibraltar's routes. The text agreed in negotiations was not among the texts read and may differ.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 10 September 2026 Date ahead: Indicative European Parliament plenary date (Legislative Observatory forecast) 11 November 2026

Official text

Title: European Chemicals Agency and amending Regulations (EC) No 1907/2006, (EU) No 528/2012, (EU) No 649/2012 and (EU) 2019/1021

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Environment, Climate and Food Safety (ENVI); other committees BUDG

Stage and date: Latest key event on the Legislative Observatory page: Approval in committee of the text agreed at 1st reading interinstitutional negotiations (10 September 2026). Status shown: Awaiting Parliament's position in 1st reading. Observatory forecast: indicative plenary sitting date, 1st reading, 11 November 2026.

What the text says: A Regulation on the European Chemicals Agency that amends Regulations (EC) No 1907/2006 (REACH), (EU) No 528/2012 (biocides), (EU) No 649/2012 (export and import of hazardous chemicals) and (EU) 2019/1021 (persistent organic pollutants): the Agency's governance, financial rules, the Executive Director and its scientific committees.

Touches: Article 256(1), Annex 20 point 1(e) (chemicals), Article 219(4) and Gibraltar's Chemicals Regulations 2026 ()

Text read: Legislative Observatory procedure page (source), 7,889 characters, fetched 9 October 2026 00:49, checksum 0d6926a790d4; Commission proposal from the Publications Office open data (source), 272,176 characters, fetched 9 October 2026 00:57, checksum 1787f3fc9dee.

Why it could matter to Gibraltar

This proposal would set out in a new law how the European Chemicals Agency is organised, run and financed, and would move those rules out of the EU chemicals rules known as REACH. The treaty names chemicals among the EU product rules it lists for Gibraltar, and the treaty's goods rule covers EU rules on putting goods on the market. Gibraltar's Chemicals Regulations 2026 refer to the REACH rules, as amended from time to time, and use that Agency's list of substances of very high concern.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, but only if, before the date from which they apply it provisionally, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists, including those under its protocol on social security coordination, are in effect and fully carried out, and that the treaty's specific measures on monitoring and tracking tobacco are in place. The part of the treaty that holds the goods rule stops applying if those other administrative arrangements, including those under its protocol on social security coordination, are suspended or ended. It applies again from the day the suspension is lifted or new administrative arrangements are concluded. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet the rules for goods to be put on the market in Gibraltar. The goods rule does not apply in some cases, for example to goods produced in Gibraltar only for export outside Gibraltar or the EU without first being put on the Gibraltar or EU market. The treaty's list of EU product rules, requirements and standards for the EU's internal market applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The list covers only the EU acts needed to avoid distortions with the neighbouring region. As read, this proposal's changes concern the Agency, its committees and its budget; the texts read do not show a change to the rules on substances. The text agreed in negotiations was approved in a European Parliament committee on 10 September 2026, and the Parliament's first-reading vote is awaited; that text was not among the texts read and may differ.

Why: This is a European Commission proposal only. A text agreed in negotiations was approved in a European Parliament committee on 10 September 2026, and the Parliament's first-reading vote is awaited; that text was not among the texts read and may differ. As proposed, it would set out in a new law how the European Chemicals Agency is organised, run and financed, and would change the EU chemicals rules known as REACH and three other EU chemicals laws on the Agency's committees and budget. It could matter through the treaty's goods rule, but whether it counts among the relevant EU rules there is not settled, or through the treaty's list of EU product rules, but only after the Cooperation Council's decision on the EU customs and goods rules. The texts read do not show a change to the rules on substances themselves.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a proposal only, so it can matter only if it is adopted. Then it could reach Gibraltar through Article 256(1), but whether it counts among the relevant EU rules on goods there is not settled. It could also reach Gibraltar through Annex 20 point 1(e), which names chemicals, but only once the Cooperation Council adopts the decision in Article 247(1). In the proposal as read, the changes concern how the European Chemicals Agency is organised, run and financed.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The proposal reorganises the European Chemicals Agency and amends Regulation (EC) No 1907/2006 (REACH) and three other chemicals Regulations: chemicals are named in Annex 20 point 1(e), and Article 256(1) covers the relevant EU rules on producing goods or placing them on the market in Gibraltar. Gibraltar's Chemicals Regulations 2026 (Legal Notice 183/2026) define the REACH Regulation 'as amended from time to time' and use the Agency's Candidate List. In the proposal as read, the amendments to those Regulations concern the Agency, its committees and its budget, not the rules on substances.

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The Parties may agree to apply the treaty provisionally earlier, provided that, before that date, they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 (monitoring and tracking of tobacco) are in place (Article 336(2) and (4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'Without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant, and Article 256(3) lists exceptions (for example goods produced in Gibraltar exclusively for export 'without being first placed on the Gibraltar or Union markets'). Annex 20 point 1(e) ('Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures') applies only once the Cooperation Council adopts a decision under Article 247(1) that specifies the date from which Annex 20 applies and declares that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1). In the proposal as read, the changes concern the Agency: 'these provisions (all Articles of Title X, except Articles 75(1), 77(2), 77(3), 91 and 111 and paragraph (2) of Article 118 in Title XII) are deleted from REACH' (explanatory memorandum), and Articles 49 to 51 delete the separate-budget rules in Regulations (EU) No 528/2012, (EU) No 649/2012 and (EU) 2019/1021. Stage: the text agreed in interinstitutional negotiations was approved in committee on 10 September 2026; the European Parliament's first-reading position is awaited; that text was not among the texts read and may differ from the proposal.

Why: This is a Commission proposal only. The text agreed in interinstitutional negotiations was approved in committee on 10 September 2026 and the European Parliament's first-reading position is awaited (Legislative Observatory forecast: indicative plenary date 11 November 2026); that text was not among the texts read and may differ. As proposed, it would set out in a new Regulation how the European Chemicals Agency is organised, run and financed, delete those provisions from REACH (Regulation (EC) No 1907/2006), and amend the biocides, export and import of hazardous chemicals, and persistent organic pollutants Regulations on the Agency's budget and committees. If adopted, it could matter through Article 256(1) of that treaty, but whether it counts among the relevant EU rules on goods there is not settled, or through Annex 20 point 1(e) only once the Cooperation Council adopts the decision in Article 247(1). The texts read do not show a change to the rules on substances themselves.

Businesses: Gibraltar's Chemicals Regulations 2026 (Legal Notice 183/2026) treat the substances on the Candidate List kept by the European Chemicals Agency under Article 59 of the REACH Regulation as substances of very high concern, with duties for suppliers, producers and importers in Gibraltar. This proposal would reorganise how that Agency is run and financed; the Agency 'shall continue to operate' under the new Regulation (proposal Article 1), and Article 59 is not among the REACH provisions the proposal would delete (proposal Article 48). The texts read do not show a change to that list or to the rules on substances. Any effect through Article 256(1) is not settled, and through Annex 20 point 1(e) it could come only once the Cooperation Council adopts the decision in Article 247(1).

Government of Gibraltar: Gibraltar's Chemicals Regulations 2026 (Legal Notice 183/2026) define the REACH Regulation 'as amended from time to time' and were made for the implementation of Article 219(4). The REACH provisions they refer to (Articles 58, 59 and 60 to 64 and Annexes II, XIII, XIV and XVII) are not among those the proposal would delete (proposal Article 48), and the Agency whose Candidate List they use would continue to operate (proposal Article 1). If the proposal is adopted, the Government of Gibraltar may need to check whether those Regulations need adjusting.

Not shown to reach Gibraltar's routes: If adopted as the Commission proposed, it would set out in a new Regulation how the European Chemicals Agency is organised, run and financed (its Management Board, Executive Director, committees, Board of Appeal, budget and staff), delete the Agency provisions from Regulation (EC) No 1907/2006 (REACH) (proposal Article 48), delete the rules on separate budgets in Regulations (EU) No 528/2012, (EU) No 649/2012 and (EU) 2019/1021, and let the Committee for Socio-economic Analysis contribute, on request, to the work of the Biocidal Products Committee (proposal Articles 49 to 51). It is aimed at the Agency, its bodies and its budget; the texts read do not show a change to what a supplier in the UK or the EU must do for goods reaching Gibraltar, or to what happens on any of Gibraltar's routes. The text agreed in negotiations and approved in committee on 10 September 2026 was not among the texts read and may differ.

Row of the watch list: An act the treaty cites: 32006R1907; G-LN-183 LN 183/2026 Chemicals Regulations 2026

The treaty’s words quoted (10)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision: (a) specifying the date as from which the provisions of Union law listed in Annex 20 apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar; and (b) declaring that border control posts and customs offices have been established in the port and airport and that they operate and are controlled in accordance with modalities and procedures set out in that decision and that competent authorities within the Union have been designated.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Article 219(4): “The United Kingdom, in respect of Gibraltar, shall uphold environmental and climate levels of protection that are equivalent to the levels in place in the Union, including by effectively enforcing environmental and climate law applicable to and in Gibraltar.”
  • Gibraltar Legal Notice 183 of 2026 (REACH): “the REACH Regulation” means Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration,”

Link to this entry

30EUProduct rules and goods placed on the market

EU CO2 standards for new vans and cars: Commission proposal COM(2025) 995 final

Applies after a step This is a proposal only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, if these rules count among those rules (this is not settled). It could also come through the treaty's list of EU product rules, but only after the Cooperation Council's decision on the EU customs and goods rules.

Not shown to reach Gibraltar's routes: It would lower the CO2 targets that vehicle makers must meet through the average emissions of their new cars and vans. It would also set EU labelling rules for cars and vans offered for sale or lease in the EU: sellers such as dealers would have to show a vehicle label near each vehicle at their points of sale and in their advertising, and makers would enter information in an EU product database. The fleet targets are aimed at vehicle makers, and the labelling rules at sales and leases in the EU, and the text does not show a change to what happens on any of Gibraltar's routes. Whether the labelling rules could reach car dealers in Gibraltar through the treaty's goods rule is not settled.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 9 February 2026 Date ahead: Indicative European Parliament plenary date (Legislative Observatory forecast) 23 November 2026

Official text

Title: Amending Regulation (EU) 2019/631 as regards CO2 emission performance standards for new light duty vehicles and vehicle labelling and repealing Directive 1999/94/EC

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Environment, Climate and Food Safety (ENVI); other committees ITRE, TRAN

Stage and date: Latest key event on the Legislative Observatory page: Committee referral announced in Parliament, 1st reading (9 February 2026). Status shown: Awaiting committee decision. Observatory forecast: indicative plenary sitting date, 1st reading, 23 November 2026.

Two dates: Swiftsure's tracker records 'committee tabling amendment (first reading)' on 10 July 2026; the Observatory page lists the date 10 July 2026 in its documentation gateway as 'Amendments tabled in committee, reference PE789.913', not as a key event. The section shows the Observatory's own date (9 February 2026).

What the text says: A Regulation that amends Regulation (EU) 2019/631 on CO2 emission performance standards for new light duty vehicles: it lowers the 2030 fleet target for vans from a 50 % to a 40 % reduction and the 2035 target for cars and vans from 100 % to 90 %, adds vehicle labelling, and repeals Directive 1999/94/EC.

Touches: Article 256(1), Annex 20 point 1(e), Article 219(4)

Text read: Legislative Observatory procedure page (source), 8,467 characters, fetched 9 October 2026 00:51, checksum 1f2689ca6771; Commission proposal from the Publications Office open data (source), 111,269 characters, fetched 9 October 2026 00:59, checksum d2c3a487505b.

Why it could matter to Gibraltar

This proposal would change the CO2 targets that vehicle makers' fleets of new cars and vans must meet, and would set EU rules for labels on cars and vans offered for sale or lease in the EU. The treaty's goods rule, which requires goods produced or put on the market in Gibraltar to meet the relevant EU rules, covers EU rules on producing goods or putting them on the market, and the treaty's list of EU rules for Gibraltar includes EU product rules. The CO2 targets apply to each maker's fleet average, and whether they or the labelling rules count among the relevant EU rules the texts read do not say. The treaty also requires the UK, for Gibraltar, to keep environmental and climate protection at levels equivalent to those in the EU; that provision speaks of levels of protection and names no EU law.

Now, or after which condition: The treaty's goods rule says the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules. This rule is not tied to the Cooperation Council's decision on the EU customs and goods rules. It applies from the day the treaty enters into force: the first day of the month after the two sides have told each other that they have completed their internal steps to be bound. The two sides may agree to apply the treaty provisionally before that day, on conditions the treaty sets. The part of the treaty that holds the goods rule stops applying if the administrative arrangements the treaty names, including those under its protocol on social security coordination, are suspended or ended. It applies again when the suspension is lifted or new arrangements are made. Without affecting the goods rule, goods lawfully on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar. The goods rule does not apply in some cases, for example to goods produced in Gibraltar only for export outside Gibraltar or the EU without first being put on the Gibraltar or EU market. The treaty's list of EU product rules, requirements and standards for the EU's internal market applies only after the Cooperation Council's decision on the EU customs and goods rules. That decision must set the date from which the EU customs and goods rules listed in the treaty apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which EU acts are on it. The list covers only the EU acts needed to avoid distortions with the neighbouring region. If adopted as proposed, the labelling rules would apply 12 months after the new rules enter into force.

Why: This is a proposal only, waiting for a European Parliament committee decision, with an indicative plenary date of 23 November 2026. If adopted, it would require smaller CO2 cuts from vehicle makers' fleets: for new vans from 2030, a 40% cut instead of 50%, and for new cars and vans from 2035, a 90% cut instead of 100%, each measured from the 2021 level. It would also replace the EU car labelling rules with new labelling rules for cars and vans offered for sale or lease in the EU, including second-hand ones. It could reach Gibraltar through the treaty's goods rule, if these rules count among the relevant EU rules there, which is not settled, or through the treaty's list of EU product rules, but only after the Cooperation Council's decision on the EU customs and goods rules.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a proposal only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), if its rules count among the relevant EU rules governing the production or placing on the market of goods (this is not settled). It could also come through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The proposal amends Regulation (EU) 2019/631: it changes the EU fleet-wide CO2 targets, which a manufacturer meets through 'its average specific emissions of CO 2' (proposal Article 1(1) and (4)), and adds vehicle labelling rules for vehicles 'offered for sale or lease in the Union' (proposed Article 2(5)). Article 256(1) covers 'the relevant rules of Union law governing the production or placing on the market of those goods', and Annex 20 point 1(e) names 'Union acts setting product rules, requirements and standards applicable in the Union's internal market'. Fleet-average targets bind manufacturers' fleets; whether they, or the labelling rules, count among the relevant rules under Article 256(1) the texts read do not say. Article 219(4) has the UK, for Gibraltar, uphold environmental and climate levels of protection 'equivalent to the levels in place in the Union'; it names no EU act, and the lines do not rely on it as carrying this proposal.

Now, or after which condition: Article 256(1) is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)). The two sides may agree to apply the treaty provisionally from an earlier date, on the conditions in Article 336(2); references to entry into force are then read as references to that date (Article 336(4)). Title II of Part Three, which holds Article 256, ceases to apply if the administrative arrangements listed in Article 336(5) are suspended or terminated, and starts applying again when the suspension is lifted or new arrangements are concluded. Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar, and Article 256(3) lists exceptions (for example goods produced in Gibraltar exclusively for export 'without being first placed on the Gibraltar or Union markets'). Annex 20 point 1(e) applies only once the Cooperation Council adopts the decision in Article 247(1), which must specify the date from which Annex 20 applies and declare that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as that decision sets out, and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting that decision (Article 247(2)), and the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), determined in greater detail by the Cooperation Council (Annex 20 point 2). As proposed, the labelling rules (proposal Article 1(11)) and the repeal of Directive 1999/94/EC (proposal Article 2) would apply 12 months after entry into force (proposal Article 3).

Why: This is a Commission proposal only, waiting for a European Parliament committee decision, with an indicative plenary date of 23 November 2026. If adopted, it would lower the EU fleet-wide CO2 targets that manufacturers' fleets of new vehicles must meet: for new vans from 2030, a 40% reduction instead of 50%, and for new cars and vans from 2035, a 90% reduction instead of 100%, each from the 2021 baseline; it would also add rules on fuel credits and low-carbon steel credits for manufacturers (proposal Article 1(1) and (4)). It would replace Directive 1999/94/EC with vehicle labelling rules in Regulation (EU) 2019/631 for cars and vans offered for sale or lease in the EU, with duties for distributors at points of sale and in promotional material and for manufacturers in a product database (proposed Articles 15a and 15b; proposal Article 2). It could reach Gibraltar through Article 256(1), if these rules count among the relevant EU rules there, which is not settled, or through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1).

Businesses: Gibraltar businesses that sell or lease cars or vans could face the new labelling rules, for example a vehicle label near each vehicle at the point of sale and in promotional material, if the proposal is adopted. This could come through Article 256(1), if these rules count among the relevant EU rules there, which is not settled. It could also come through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1). The CO2 fleet targets themselves apply to vehicle manufacturers.

Government of Gibraltar: Article 256(1) requires the UK, for Gibraltar, to have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules. If this proposal is adopted and counts among those rules, which is not settled, those laws and how they are enforced could need to change. The same could follow through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1). Article 219(4) requires the UK, for Gibraltar, to uphold environmental and climate levels of protection equivalent to those in the EU; it names no EU act, and whether this proposal bears on that level the texts read do not say.

Not shown to reach Gibraltar's routes: It would lower the EU fleet-wide CO2 targets that vehicle manufacturers must meet through the average emissions of their new vehicles (for new vans from 2030, a 40% reduction instead of 50%; for new cars and vans from 2035, a 90% reduction instead of 100%, each from the 2021 baseline; proposal Article 1(1)). It would also replace Directive 1999/94/EC with labelling rules for cars and vans offered for sale or lease in the EU: distributors would have to attach or display a vehicle label near each vehicle offered for sale or lease at their points of sale and show it in promotional material, and manufacturers would enter information in an EU product database (proposed Articles 2(5) and 15a of Regulation (EU) 2019/631). The fleet targets are aimed at manufacturers, and the labelling rules at sales and leases in the EU; the text does not show a change to what happens on any of Gibraltar's routes. Whether the labelling rules could reach car dealers in Gibraltar through Article 256(1) is not settled.

Row of the watch list: P13 Industrial policy and internal market

The treaty’s words quoted (10)
  • Article 256(1): “The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.”
  • Article 256(2): “Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.”
  • Article 256(3) (lead-in and point (a)): “The rules referred to in paragraph 1 shall not apply to: (a) goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;”
  • Article 336(1): “This Agreement shall enter into force on the first day of the month following that in which both Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”
  • Article 336(2) (first words): “The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article,”
  • Article 336(5) (part): “shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof.”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision: (a) specifying the date as from which the provisions of Union law listed in Annex 20 apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar; and (b) declaring that border control posts and customs offices have been established in the port and airport and that they operate and are controlled in accordance with modalities and procedures set out in that decision and that competent authorities within the Union have been designated.”
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Article 219(4): “The United Kingdom, in respect of Gibraltar, shall uphold environmental and climate levels of protection that are equivalent to the levels in place in the Union, including by effectively enforcing environmental and climate law applicable to and in Gibraltar.”

Link to this entry

31SpainProduct rules and goods placed on the market

Spanish bill on an arms embargo regime: Proposición de Ley 122/000122

Applies after a step The treaty makes certain transfers of military items, firearms and dual-use items subject to Spanish export-control rules. So this lapsed bill could change those rules only if it is brought back and adopted.

Status: Lapsed on 6 October 2026, when Spain's Cortes Generales were dissolved. If it is brought back, it will be read again and judged against Gibraltar's routes.

Whether it reaches Gibraltar's routes is not settled: Under the bill, an embargo would bar any sale, supply, transfer or export of defence material and the other items it lists whose direct or indirect destination is the territory of the State under embargo. Those items include firearms, their parts and essential components and ammunition for civil use, police and riot-control material, the dual-use items on the list in the EU's 2021 rules on export controls of dual-use items, and fuels formulated specially for military purposes. The ban would cover such operations by people and companies of Spanish nationality or resident in Spain, from Spanish territory, or using Spanish-flagged ships or aircraft. The embargo would also bar imports of such material made or exported by companies or other bodies based or set up in that State, whether the recipient in Spain is a public or a private body. The bill would write these rules into Spain's 2007 law on foreign trade in defence and dual-use material. It is aimed at trade with States under embargo. Under the treaty, transfers of items on the EU Common Military List and of firearms in categories A, B and C, when destined for the armed forces, the police or the public authorities of the UK in Gibraltar, are subject to the rules of the part of the treaty that contains these transfer provisions and to Spanish law on export controls of defence and dual-use material. Transfers of the dual-use items on the list in the EU's 2021 rules on export controls of dual-use items are subject to the rules of that same part of the treaty and to the relevant EU and Spanish law on those export controls. Spain must require an authorisation for these transfers, and the applications include applications for licences for imports into the EU customs territory. The texts read do not settle whether the embargo, including its import ban, would reach such transfers. The bill also lapsed on 6 October 2026.

Stage: see details

Latest step: 6 October 2026 No date ahead given

Official text

Title: Proposición de Ley por la que se reforma la Ley 53/2007, de 28 de diciembre, sobre el control del comercio exterior de material de defensa y de doble uso, introduciendo la figura del embargo y su régimen jurídico.

Who: Congreso de los Diputados

Stage and date: In the Congreso de los Diputados: Proposición de Ley 122/000122, bulletin of 19 July 2024 (BOCG Serie B, núm. 138-1): admitted for consideration and sent to the Government (Republicano, Plurinacional SUMAR and Mixto groups). The Cortes Generales were dissolved by of 5 October 2026, which came into force on its publication in the BOE on 6 October. The Congreso's own page gives the bill's situation as 'Concluido - (Caducado)' from 6 October 2026; under Article 207 of the Reglamento del Congreso de los Diputados all matters pending before the Congreso lapse on its dissolution, except those that its Diputación Permanente must deal with under the Constitution.

What the text says: Bill to reform Ley 53/2007 on the control of foreign trade in defence and dual-use material by introducing the arms embargo and its legal regime.

Touches: Articles 261 to 263

Text read: Congreso bulletin (BOCG) PDF, text extracted (source), 26,614 characters, fetched 9 October 2026 00:51, checksum 1a822931c615.

Why it could matter to Gibraltar

The bill reforms Spain's 2007 law on control of foreign trade in defence and dual-use material. That is the subject of the Spanish export-control rules the treaty applies to certain transfers.

Now, or after which condition: The treaty applies Spanish export-control law to transfers of items on the Common Military List and of firearms in categories A, B and C when they are destined for the armed forces, the police or the public authorities of the UK in Gibraltar. It also makes transfers of the items on the list attached to the EU's 2021 rules on dual-use exports subject to the relevant EU and Spanish export-control rules. Neither provision names Spain's 2007 law on trade in defence and dual-use material; the link is by subject. Stage: the bill lapsed on 6 October 2026.

Why: This Spanish bill would add an arms embargo regime to Spain's 2007 law on trade in defence and dual-use material. The treaty applies Spanish export-control rules to certain transfers of military items, firearms and dual-use items. So an embargo could affect those transfers. The bill lapsed on 6 October 2026, so it can matter only if it is brought back and adopted.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: Articles 261(1) and 262(1) of that treaty make certain transfers subject to Spanish export-control rules, so this lapsed bill could change those rules only if it is brought back and adopted.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The bill reforms the Spanish law on foreign trade control of defence and dual-use material, the subject of the Spanish export-control rules that Articles 261 and 262 apply.

Now, or after which condition: Article 261(1) applies Spanish law on export controls to transfers of Common Military List items and Category A, B and C firearms 'when destined for the armed forces, the police, or the public authorities of the United Kingdom in Gibraltar'; Article 262(1) covers Annex I items of Regulation (EU) 2021/821. Neither names Ley 53/2007; the tie is by subject. Stage: the bill lapsed on 6 October 2026 (entry text).

Why: This Spanish bill would add an arms embargo regime to Ley 53/2007, the Spanish law on trade in defence and dual-use material. Articles 261(1) and 262(1) of that treaty apply Spanish export-control rules to certain transfers of military items, firearms and dual-use items. So an embargo could affect those transfers. The bill lapsed on 6 October 2026, so it can matter only if it is brought back and adopted.

Whether it reaches Gibraltar's routes is not settled: Under the bill, an embargo would bar any sale, supply, transfer or export of defence material and the other items it lists (including firearms, their parts and essential components and ammunition for civil use, police and riot-control material, the dual-use items listed in Annex I to Regulation (EU) 2021/821, and fuels formulated specially for military purposes) whose direct or indirect destination is the territory of the State under embargo. The ban would cover such operations by people and companies of Spanish nationality or resident in Spain, from Spanish territory, or using Spanish-flagged ships or aircraft. The embargo would also bar imports of such material made or exported by companies or other bodies based or set up in that State, whether the recipient in Spain is a public or a private body (proposed Article 16(1) and (2) of Ley 53/2007). It is aimed at trade with States under embargo. Under that treaty, transfers of items on the Common Military List of the European Union and of Category A, B and C firearms, when destined for the armed forces, the police or the public authorities of the UK in Gibraltar, are subject to the provisions of Title II of Part Three of that treaty and to Spanish law on export controls of defence and dual-use material (Article 261(1)). Transfers of the dual-use items listed in Annex I to Regulation (EU) 2021/821 are subject to the provisions of that same Title and to the relevant EU and Spanish law on those export controls (Article 262(1)). Spain must require an authorisation for these transfers, and the applications include applications for licences for imports into the customs territory of the EU (Articles 261(1) and (2)(b), and 262(1) and (4)(b)). The texts read do not settle whether the embargo, including the import ban in proposed Article 16(2), would reach such transfers. The bill also lapsed on 6 October 2026.

Status: Lapsed on 6 October 2026, when the Cortes Generales were dissolved (Real Decreto 806/2026). If it is brought back, it will be read again and judged against Gibraltar's routes.

Row of the watch list: S-261 Spanish control of trade in defence and dual-use material: Ley 53/2007

The treaty’s words quoted (2)
  • Article 261(1): “shall be subject to the provisions of this Title as well as to rules of Spanish law on export controls of defence and dual-use material.”
  • Article 262(1): “shall be subject to the provisions of this Title as well as to relevant rules of Union and Spanish law on export controls of defence and dual-use material.”

Link to this entry

34EUVAT, excise, tobacco and tax cooperation

Extension to 30 June 2030 of EU VAT reverse charge options: Commission proposal COM(2026) 515 final

Applies after a step This proposal could reach Gibraltar only if it is adopted. Even then, it could come only through the EU VAT law the treaty lists, and only once the Cooperation Council's decision on the EU customs and goods rules is taken.

Not shown to reach Gibraltar's routes: It would let EU countries keep two optional tools against VAT fraud in their own VAT systems until 30 June 2030. Its text gives these options to EU countries and does not show a change on any of Gibraltar's routes. The texts read do not say whether Gibraltar could use them. EU VAT law could reach Gibraltar through the EU rules listed in the treaty once the Cooperation Council takes its decision on the EU customs and goods rules.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 1 October 2026 Date ahead: Indicative European Parliament plenary date (Legislative Observatory forecast) 23 November 2026

Official text

Title: Proposal for a COUNCIL DIRECTIVE amending Directive 2006/112/EC as regards the extension of the application period of the optional reverse charge mechanism in relation to supplies of certain goods and services susceptible to fraud and of the Quick Reaction Mechanism against VAT fraud

Who: European Commission (to the Council of the European Union)

Stage and date: Proposed by the Commission to the Council, 1 October 2026 (COM(2026) 515 final, procedure 2026/0292(CNS)). Not law unless adopted. Legislative Observatory page: status shown, Preparatory phase in Parliament; forecast, as that page labels it: indicative plenary sitting date, 23 November 2026.

What the text says: Amends Council Directive 2006/112/EC on the common system of value added tax so that Member States may keep applying the optional reverse charge mechanism (Article 199a) and the Quick Reaction Mechanism (Article 199b) until 30 June 2030 (proposal Article 1). Both are options for Member States; the Directive would enter into force on the twentieth day after publication.

Touches: Annex 20 point 1(i), Annex 24 Article 2(5) and (6)

Text read: Publications Office open-data text (source), 19,639 characters, fetched 9 October 2026 00:48, checksum a90528c2d695.

Why it could matter to Gibraltar

This proposal changes the main EU VAT law of 2006, which is EU VAT law of the kind the treaty lists. It extends two anti-fraud options for EU countries. The texts read do not say whether Gibraltar could use them.

Now, or after which condition: The EU customs and goods rules listed in the treaty apply in Gibraltar only once the Cooperation Council takes a decision. That decision must set the date from which those rules apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which acts are on it. The list applies EU acts and other equivalent legislation as needed to avoid distortions with the neighbouring region, in the version that applies in the EU at the time. Until that decision enters into force, Gibraltar counts as a third territory for EU customs, indirect tax and trade rules. The treaty lists EU law on VAT, excise, administrative cooperation and recovery assistance among those rules. It names the main EU VAT law of 2006 in a footnote on works of art in an appendix; otherwise the link is that listing of EU VAT law. Stage: a Commission proposal, not law unless adopted. It extends two options for EU countries.

Why: This is a Commission proposal only. It is not law unless it is adopted. It would let EU countries keep using two optional VAT anti-fraud tools until 30 June 2030. EU VAT law could reach Gibraltar through the treaty's list of EU rules, but only once the Cooperation Council's decision on the EU customs and goods rules is taken. The texts read do not say whether Gibraltar could use these options.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This proposal could reach Gibraltar only if it is adopted, and then only through Annex 20 point 1(i) once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). Council Directive 2006/112/EC is EU VAT legislation of the kind Annex 20 point 1(i) names; the proposal extends two anti-fraud options for EU countries, and the texts read do not say whether Gibraltar could use them.

Now, or after which condition: Annex 20 applies only if the Cooperation Council adopts the decision in Article 247(1); that decision must specify the date from which Annex 20 applies and declare that border control posts and customs offices are established in the port and airport, operate and are controlled in accordance with the modalities and procedures set out in that decision, and that competent authorities within the EU are designated (Article 247(1)(a) and (b)); the Cooperation Council may amend the Annex 20 list when adopting it (Article 247(2)) and is to determine the Annex 20 provisions in greater detail (Annex 20 point 2); until that decision enters into force, Gibraltar is regarded as a third territory under EU customs, indirect taxation and trade-related law (Article 247(5)). Annex 20 point 1 applies EU acts 'as necessary to avoid distortions with the neighbouring region in relation to Article 247(1)', and 'the provisions referred to in this paragraph shall be those applicable at the time in the Union'. Directive 2006/112/EC is cited in Annex 24 Appendix 1 (a footnote on works of art); the tie otherwise is Annex 20 point 1(i), 'Union legislation concerning VAT'. Stage: a Commission proposal, not law unless adopted. It extends two options for EU countries.

Why: This is a Commission proposal only. It is not law unless it is adopted. It would let EU countries keep using two optional VAT anti-fraud tools until 30 June 2030. EU VAT law could reach Gibraltar under Annex 20 point 1(i) of that treaty, but only once the Cooperation Council adopts the decision in Article 247(1). The texts read do not say whether Gibraltar could use these options.

Businesses: Gibraltar businesses that supply goods or services covered by these VAT anti-fraud options could be affected in how tax is charged. This could happen only if the proposal is adopted and the Cooperation Council adopts the decision in Article 247(1). The texts read do not say whether Gibraltar could use the options.

Government of Gibraltar: The Government of Gibraltar may need to watch whether these options would be open to Gibraltar and whether Gibraltar law would need to change. This could arise only if the proposal is adopted and the Cooperation Council adopts the decision in Article 247(1).

Not shown to reach Gibraltar's routes: It would let EU countries keep two optional tools against VAT fraud in their own VAT systems until 30 June 2030 (proposal Article 1). Its text gives these options to EU countries and does not show a change on any of Gibraltar's routes. The texts read do not say whether Gibraltar could use them; EU VAT law could reach Gibraltar through Annex 20 point 1(i) once the Cooperation Council adopts the decision in Article 247(1).

Row of the watch list: An act the treaty cites: 32006L0112; P09 Taxation

The treaty’s words quoted (7)
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Annex 20 point 1(i): “Union legislation concerning VAT, excise, and administrative cooperation and recovery assistance.”
  • Annex 24 Appendix 1 (footnote): “Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision: (a) specifying the date as from which the provisions of Union law listed in Annex 20 apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar; and (b) declaring that border control posts and customs offices have been established in the port and airport and that they operate and are controlled in accordance with modalities and procedures set out in that decision and that competent authorities within the Union have been designated.”
  • Article 247(2): “When adopting the decision referred to in paragraph 1, the Cooperation Council may amend the list of provisions of Union law in Annex 20.”
  • Annex 20 point 2: “The provisions referred to in paragraph 1 shall be determined in greater detail by the Cooperation Council.”
  • Article 247(5): “Until the entry into force of the decision referred to in paragraph 1, Gibraltar shall be regarded as a third territory under Union customs, indirect taxation and trade-related law.”

Link to this entry

45EUEnvironment, climate and carbon pricing

EU suspension of authorised-representative rules for batteries and packaging: Commission proposal COM(2025) 982 final

Applies after a step This is a Commission proposal only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, under which goods produced or put on the market in Gibraltar must meet the relevant EU rules, if it counts among those rules, which is not settled. The EU product rules the treaty lists, which name waste, could also carry it, but only once the Cooperation Council's decision on the EU customs and goods rules is taken.

Not shown to reach Gibraltar's routes: If adopted, it would pause until 1 January 2035 the EU rules that make battery producers selling at a distance in an EU country where they are not established, and packaging producers from another EU country selling directly to end users, appoint an authorised representative for producer responsibility. It is aimed at producers and at how EU countries trace and enforce the rules for producers established outside the EU. By its own words it only concerns the appointment of such a representative; it does not change the rules the batteries or packaging themselves must meet, and the texts read do not show a change to what happens on any of Gibraltar's routes. Whether Gibraltar's battery rules, which refer to the EU batteries rules as amended from time to time and register a producer or its authorised representative, would follow the change is not settled.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 20 October 2026 No date ahead given

Official text

Title: Suspending the application of the rules on the appointment of an authorised representative for extended producer responsibility for batteries and waste batteries and packaging and packaging waste

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Environment, Climate and Food Safety (ENVI); other committees IMCO, ITRE

Stage and date: Latest key events on the Legislative Observatory page, all on 20 October 2026: Decision by Parliament, 1st reading (T10-0345/2026); Results of vote in Parliament; Matter referred back to the committee responsible for interinstitutional negotiations. Status shown: Awaiting Parliament's position in 1st reading. The page shows no forecast.

What the text says: A Regulation that suspends until 1 January 2035 Article 56(3) of Regulation (EU) 2023/1542 (batteries) and Article 45(3) of Regulation (EU) 2025/40 (packaging) on appointing an authorised representative for extended producer responsibility; where Member States do not require such a representative, they must ensure traceability and enforcement for producers established in third countries through alternative means (proposal Articles 1 and 2).

Touches: Article 219(4) and Gibraltar's Environment (Waste) (Amendment) Regulations 2026 ()

Text read: Legislative Observatory procedure page (source), 8,557 characters, fetched 9 October 2026 00:50, checksum 297b135d4ed7; Commission proposal from the Publications Office open data (source), 64,520 characters, fetched 9 October 2026 00:55, checksum ef34fbc0daf3.

Why it could matter to Gibraltar

This proposal would pause EU rules on the authorised representatives that some producers must appoint for producer responsibility, the producer's duty to cover the cost of managing its products at the end of their life, for batteries and for packaging. Gibraltar's Environment (Waste) (Amendment) Regulations 2026 refer to the EU batteries rules as amended from time to time and name such a representative in Gibraltar's rule on registering battery producers. The Government of Gibraltar made them for the purposes of carrying out the treaty's rule that the UK, for Gibraltar, keeps environmental and climate protection at levels equivalent to those in place in the EU. No Gibraltar text read names the EU packaging rules.

Now, or after which condition: Nothing changes unless this proposal is adopted. Under the treaty's goods rule, the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules on producing them or putting them on the market; whether this proposal counts among those rules is not settled. This goods rule does not wait for the Cooperation Council's decision; it applies from the day the treaty enters into force, or from an earlier date if the two sides agree to apply the treaty provisionally, but only if, before that earlier date, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists are in effect and fully carried out, and that certain measures it describes are in place. The part of the treaty that holds the goods rule stops applying while those other administrative arrangements are suspended or ended, and applies again when the suspension is lifted or new arrangements are agreed. Without affecting the goods rule, goods lawfully put on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar, and the treaty lists exceptions, for example goods made in Gibraltar only for export outside Gibraltar or the EU without first being put on the Gibraltar or EU markets. Separately, the EU product rules the treaty lists, which name waste, apply in Gibraltar only once the Cooperation Council takes a decision. That decision must set the date from which those rules apply in Gibraltar, and declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that the competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which acts are on it. The list covers EU acts and other equivalent legislation as needed to avoid distortions with the neighbouring region, in the version that applies in the EU at the time. Until that decision enters into force, Gibraltar counts as a third territory for EU customs, indirect tax and trade rules. The treaty also requires the UK, for Gibraltar, to keep environmental and climate protection at levels equivalent to those in place in the EU, including by effectively enforcing environmental and climate law in Gibraltar; that rule applies no EU act by itself and does not say from what date the EU level is read. Gibraltar's battery rules start on a date set by another Gibraltar Act, which is not among the texts read.

Why: This is a Commission proposal only. On 20 October 2026 the European Parliament voted at first reading and sent the matter back to the committee responsible for negotiations between the EU institutions, and the Legislative Observatory page read on 26 October 2026 shows no forecast date. If adopted, it would pause until 1 January 2035 the EU rules that make battery producers selling at a distance in an EU country where they are not established, and packaging producers from another EU country selling directly to end users, appoint an authorised representative for producer responsibility. For battery producers established outside the EU, EU countries that do not require such a representative would have to trace them and enforce the rules by other means; for packaging producers established outside the EU, EU countries could either require one or use other means. Gibraltar's battery rules refer to the EU batteries rules as amended from time to time; whether this change would reach them, or reach Gibraltar under the treaty, is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a Commission proposal only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), under which the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules, if this act counts among those rules, which is not settled. It could also come through Annex 20 point 1(e), which names waste, but only once the Cooperation Council adopts the decision in Article 247(1). Separately, Gibraltar's Legal Notice 159/2026 defines the EU Batteries Regulation 'as amended from time to time'; whether that would carry the battery part of this change into Gibraltar law the texts read do not settle.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The proposal would suspend Article 56(3) of Regulation (EU) 2023/1542 on batteries, which Gibraltar's Legal Notice 159/2026 defines 'as amended from time to time' and whose authorised representative for extended producer responsibility appears in Gibraltar's producer registration rule (new regulation 14H(2)), and Article 45(3) of Regulation (EU) 2025/40 on packaging, which no Gibraltar text read names. Legal Notice 159/2026 is made 'for the purposes of the implementation of Article 219(4)'. Annex 20 point 1(e) names 'waste' among the product rules it lists; whether this act is among the 'relevant rules of Union law' of Article 256(1) is not settled.

Now, or after which condition: Stage: Commission proposal, not law unless adopted; the Legislative Observatory page read on 26 October 2026 showed, all on 20 October 2026, 'Decision by Parliament, 1st reading' (T10-0345/2026), 'Results of vote in Parliament' and 'Matter referred back to the committee responsible for interinstitutional negotiations', and no forecast. Article 256(1): the UK, for Gibraltar, 'shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods'; whether this act is among them is not settled. Article 256 is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)), or from an earlier date if the Parties agree to apply it provisionally, provided that before that date they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2) and (4)); Title II of Part Three, which holds it, ceases to apply from the day those administrative arrangements are suspended or terminated, and starts applying anew from the day the suspension is lifted or new administrative arrangements are concluded (Article 336(5)). Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with current or future rules for goods to be placed on the market in Gibraltar, and Article 256(3) lists exceptions (for example goods produced in Gibraltar 'exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets'). Annex 20 point 1(e) ('Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures') applies only once the Cooperation Council adopts a decision under Article 247(1) that specifies the date from which Annex 20 applies and declares that border control posts and customs offices have been established in the port and airport, that they operate and are controlled in accordance with that decision and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting it (Article 247(2)); the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), in the version in force in the EU at the time, as the Cooperation Council determines 'in greater detail' (Annex 20 point 2); until that decision enters into force, Gibraltar 'shall be regarded as a third territory under Union customs, indirect taxation and trade-related law' (Article 247(5)). Article 219(4): the UK, for Gibraltar, 'shall uphold environmental and climate levels of protection that are equivalent to the levels in place in the Union, including by effectively enforcing environmental and climate law applicable to and in Gibraltar'; it applies no EU act and does not say from what date that level is read; Article 219(1) keeps each Party's right to set its levels of protection 'in a manner consistent with each Party's international commitments, including those under this Chapter'. Legal Notice 159/2026 comes into operation on the Implementation Date, which has the meaning given in section 3 of the Treaty on Gibraltar and the European Union Act 2026 (not among the texts read).

Why: This is a Commission proposal only: the Legislative Observatory page read on 26 October 2026 showed, on 20 October 2026, a decision by Parliament at first reading (T10-0345/2026), the results of the vote and the matter referred back to the committee responsible for interinstitutional negotiations, and no forecast. If adopted, it would suspend until 1 January 2035 Article 56(3) of Regulation (EU) 2023/1542 on batteries, which the proposal describes as making battery producers established in the EU or outside it that make batteries available in an EU country by distance contracts appoint an authorised representative (recitals 6 and 7; proposal Article 1), and Article 45(3) of Regulation (EU) 2025/40 on packaging, which makes that appointment mandatory for producers established in the EU that make packaging or packaged products available for the first time in another EU country, directly to end users (recital 8; proposal Article 2). For battery producers established outside the EU, EU countries that do not require such a representative would have to ensure traceability and enforcement by alternative means (Article 1); for packaging producers established outside the EU, EU countries may either require one or ensure traceability and enforcement by alternative means (Article 2). Recital 6 says the battery rule should remain applicable as far as it covers producers established outside the EU; how that fits the suspension in Article 1 the texts read do not settle. Gibraltar's Legal Notice 159/2026 defines the Batteries Regulation 'as amended from time to time' and bars a producer from making batteries available on the market in Gibraltar unless the producer, or its authorised representative for extended producer responsibility, is registered (new regulation 14H(2)); whether the suspension would change Gibraltar's battery rules the texts read do not settle. No Gibraltar text read names the packaging Regulation.

Businesses: Producers that make batteries or packaged goods available in Gibraltar, and the authorised representatives some of them appoint, could see the rules on authorised representatives for extended producer responsibility change. This could happen only if the proposal is adopted and the change then reaches Gibraltar. For batteries, Legal Notice 159/2026 defines the Batteries Regulation as amended from time to time and requires the producer, or its authorised representative, to be registered before making batteries available on the market in Gibraltar (new regulation 14H(2)); whether the suspension would change that the texts read do not settle. Article 256(1) could also carry it, which is not settled, and Annex 20 point 1(e) only once the Cooperation Council adopts the decision in Article 247(1). No Gibraltar text read names the packaging Regulation.

Government of Gibraltar: Legal Notice 159/2026, which the Government of Gibraltar made for the purposes of the implementation of Article 219(4), defines the Batteries Regulation as amended from time to time, has the Waste Batteries Competent Authority keep a register of producers (new regulation 14H(1)) and names the producer's authorised representative for extended producer responsibility in the registration rule (new regulation 14H(2)). If the proposal is adopted, the Government of Gibraltar may need to check whether Gibraltar's battery rules should follow the change. Article 219(4) requires the UK, for Gibraltar, to uphold environmental and climate levels of protection equivalent to the levels in place in the EU, including by effectively enforcing environmental and climate law applicable to and in Gibraltar; it applies no EU act and does not say from what date the EU level is read.

Not shown to reach Gibraltar's routes: If adopted, it would suspend until 1 January 2035 Article 56(3) of Regulation (EU) 2023/1542 and Article 45(3) of Regulation (EU) 2025/40, the rules that make battery producers selling by distance contracts in an EU country where they are not established, and packaging producers established in another EU country selling directly to end users, appoint an authorised representative for extended producer responsibility (proposal Articles 1 and 2; recitals 6 to 8). It is aimed at producers and at how EU countries ensure traceability and enforcement for producers established outside the EU; by its own words it 'solely impacts the appointment of an authorised representative for extended producer responsibility', it does not change the rules the batteries or packaging themselves must meet, and the texts read do not show a change to what happens on any of Gibraltar's routes. Whether Gibraltar's battery rules (Legal Notice 159/2026, which defines the Batteries Regulation as amended from time to time and registers a producer or its authorised representative, new regulation 14H(2)) would follow the suspension the texts read do not settle.

Row of the watch list: P15 Environment, consumers and health protection; P13 Industrial policy and internal market

The treaty’s words quoted (4)
  • Article 219(4): “The United Kingdom, in respect of Gibraltar, shall uphold environmental and climate levels of protection that are equivalent to the levels in place in the Union, including by effectively enforcing environmental and climate law applicable to and in Gibraltar.”
  • Article 219(1): “The Parties affirm the right of each Party to set its policies and priorities in the areas covered by this Chapter, to determine the environmental and climate levels of protection it deems appropriate, and to adopt or modify its law and policies in a manner consistent with each Party's international commitments, including those under this Chapter.”
  • Gibraltar Legal Notice 159 of 2026, regulation 3 (Batteries Regulation): “"the Batteries Regulation" means Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries as amended from time to time;”
  • Gibraltar Legal Notice 159 of 2026 (opening words): “make provision for the purposes of the implementation of Article 219(4) of the Agreement in respect of Gibraltar”

Link to this entry

46EUEnvironment, climate and carbon pricing

EU suspension of authorised-representative rules for waste, electrical equipment and single-use plastics: Commission proposal COM(2025) 983 final

Applies after a step This is a Commission proposal only, so it could reach Gibraltar only if it is adopted. It could then come through the treaty's goods rule, under which goods produced or put on the market in Gibraltar must meet the relevant EU rules, if it counts among those rules, which is not settled. The EU product rules the treaty lists, which name waste, could also carry it, but only once the Cooperation Council's decision on the EU customs and goods rules is taken.

Not shown to reach Gibraltar's routes: If adopted, it would pause until 1 January 2035 three EU rules that make the appointment of an authorised representative for producer responsibility mandatory, for textiles and footwear, electrical and electronic equipment and single-use plastics. It is addressed to EU countries and aimed at producers that sell in an EU country where they are not established. Its explanatory text says it only concerns the appointment of such a representative; it does not change the rules the products themselves must meet, and the texts read do not show a change to what happens on any of Gibraltar's routes. For electrical and electronic equipment, Gibraltar's Environment (Waste) (Amendment) Regulations 2026 change the marking and dating rules, not rules on such representatives.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 20 October 2026 No date ahead given

Official text

Title: Suspending the application of the rules on the appointment of authorised representatives for extended producer responsibility for waste, waste electrical and electronical equipment and single use plastic waste

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Environment, Climate and Food Safety (ENVI)

Stage and date: Latest key events on the Legislative Observatory page, all on 20 October 2026: Decision by Parliament, 1st reading (T10-0344/2026); Results of vote in Parliament; Matter referred back to the committee responsible for interinstitutional negotiations. Status shown: Awaiting Parliament's position in 1st reading. The page shows no forecast.

What the text says: A Directive that suspends until 1 January 2035 Article 22a(3) of Directive 2008/98/EC (authorised representatives for textiles and footwear producers), Article 17(2) of Directive 2012/19/EU (waste electrical and electronic equipment) and Article 8(7) of Directive (EU) 2019/904 (single-use plastics) (proposal Article 1); Member States would bring in the necessary laws within 12 months of entry into force (Article 2).

Touches: Article 219(4) and Gibraltar's Environment (Waste) (Amendment) Regulations 2026 ()

Text read: Legislative Observatory procedure page (source), 6,699 characters, fetched 9 October 2026 00:50, checksum d01805a69fe4; Commission proposal from the Publications Office open data (source), 66,385 characters, fetched 9 October 2026 00:55, checksum 7f6bd5af19d8.

Why it could matter to Gibraltar

This proposal would pause EU rules that make some producers appoint an authorised representative for producer responsibility, the producer's duty to cover the cost of managing its products at the end of their life, for electrical and electronic equipment, single-use plastics, and textiles and footwear. Gibraltar's Environment (Waste) (Amendment) Regulations 2026 refer to an EU directive that amends the EU rules on waste electrical and electronic equipment, as amended from time to time, and change Gibraltar's rules on marking and dating such equipment. The Government of Gibraltar made them for the purposes of carrying out the treaty's rule that the UK, for Gibraltar, keeps environmental and climate protection at levels equivalent to those in place in the EU.

Now, or after which condition: Nothing changes unless this proposal is adopted. It is a directive: if adopted, EU countries would have 12 months after it enters into force to bring in the laws needed. Under the treaty's goods rule, the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or put on the market in Gibraltar only if they meet the relevant EU rules on producing them or putting them on the market; whether this proposal counts among those rules is not settled. This goods rule does not wait for the Cooperation Council's decision; it applies from the day the treaty enters into force, or from an earlier date if the two sides agree to apply the treaty provisionally, but only if, before that earlier date, they have told each other that the plan for removing all physical barriers, set out in an arrangement between the UK, for Gibraltar, and Spain, and certain other administrative arrangements the treaty lists are in effect and fully carried out, and that certain measures it describes are in place. The part of the treaty that holds the goods rule stops applying while those other administrative arrangements are suspended or ended, and applies again when the suspension is lifted or new arrangements are agreed. Without affecting the goods rule, goods lawfully put on the market in any EU country are presumed to meet any current or future rules for goods to be put on the market in Gibraltar, and the treaty lists exceptions, for example goods made in Gibraltar only for export outside Gibraltar or the EU without first being put on the Gibraltar or EU markets. Separately, the EU product rules the treaty lists, which name waste, apply in Gibraltar only once the Cooperation Council takes a decision. That decision must set the date from which those rules apply in Gibraltar, and declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that the competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which acts are on it. The list covers EU acts and other equivalent legislation as needed to avoid distortions with the neighbouring region, in the version that applies in the EU at the time. Until that decision enters into force, Gibraltar counts as a third territory for EU customs, indirect tax and trade rules. The treaty also requires the UK, for Gibraltar, to keep environmental and climate protection at levels equivalent to those in place in the EU, including by effectively enforcing environmental and climate law in Gibraltar; that rule applies no EU act by itself and does not say from what date the EU level is read. Gibraltar's Environment (Waste) (Amendment) Regulations 2026 start on a date set by another Gibraltar Act, which is not among the texts read.

Why: This is a Commission proposal only. On 20 October 2026 the European Parliament voted at first reading and sent the matter back to the committee responsible for negotiations between the EU institutions, and the Legislative Observatory page read on 26 October 2026 shows no forecast date. If adopted, it would pause until 1 January 2035 three EU rules that make the appointment of an authorised representative for producer responsibility mandatory: for textiles and footwear, for electrical and electronic equipment and for single-use plastics. Its stated aim is that producers should be able to choose whether to appoint one when they sell in another EU country where they are not established. For textile and footwear producers established outside the EU, EU countries could either require one or use other means to trace them and enforce the rules. EU countries would have 12 months after it enters into force to bring in the laws needed. Whether it could reach Gibraltar under the treaty, or through Gibraltar's own waste rules, is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a Commission proposal only, so it could reach Gibraltar only if it is adopted. It could then come through Article 256(1), under which the UK, for Gibraltar, must have in place and effectively apply laws so that goods may be produced or placed on the market in Gibraltar only if they meet the relevant EU rules, if this act counts among those rules, which is not settled. It could also come through Annex 20 point 1(e), which names waste, but only once the Cooperation Council adopts the decision in Article 247(1). Article 219(4), on environmental and climate levels of protection, applies no EU act.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). The proposal would suspend authorised-representative rules in Directive 2008/98/EC (Article 22a(3)), Directive 2012/19/EU (Article 17(2)) and Directive (EU) 2019/904 (Article 8(7)). Gibraltar's Legal Notice 159/2026, made 'for the purposes of the implementation of Article 219(4)', defines 'the WEEE Regulation' as Directive (EU) 2024/884 amending Directive 2012/19/EU 'as amended from time to time'; its changes for electrical and electronic equipment (regulation 5) concern open-scope EEE, the EN 50419:2022 marking standard and the date mark. No Gibraltar text read names the textile rules of Directive 2008/98/EC or Directive (EU) 2019/904. Annex 20 point 1(e) names 'waste' among the product rules it lists; whether this act is among the 'relevant rules of Union law' of Article 256(1) is not settled.

Now, or after which condition: Stage: Commission proposal for a Directive, not law unless adopted; the Legislative Observatory page read on 26 October 2026 showed, all on 20 October 2026, 'Decision by Parliament, 1st reading' (T10-0344/2026), 'Results of vote in Parliament' and 'Matter referred back to the committee responsible for interinstitutional negotiations', and no forecast; if adopted, EU countries would have 12 months from its entry into force to bring in the laws needed (proposal Article 2), and it 'is addressed to the Member States' (Article 4). Article 256(1): the UK, for Gibraltar, 'shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods'; whether this act is among them is not settled. Article 256 is not tied to the Article 247(1) decision; it applies from the entry into force of that treaty (Article 336(1)), or from an earlier date if the Parties agree to apply it provisionally, provided that before that date they have notified each other that the implementation plan referred to in Article 7 and the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2) and (4)); Title II of Part Three, which holds it, ceases to apply from the day those administrative arrangements are suspended or terminated, and starts applying anew from the day the suspension is lifted or new administrative arrangements are concluded (Article 336(5)). Article 256(2), 'without prejudice to paragraph 1', presumes goods lawfully placed on the market in any EU country compliant with current or future rules for goods to be placed on the market in Gibraltar, and Article 256(3) lists exceptions (for example goods produced in Gibraltar 'exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets'). Annex 20 point 1(e) ('Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures') applies only once the Cooperation Council adopts a decision under Article 247(1) that specifies the date from which Annex 20 applies and declares that border control posts and customs offices have been established in the port and airport, that they operate and are controlled in accordance with that decision and that competent authorities within the EU have been designated; the Cooperation Council may amend the Annex 20 list when adopting it (Article 247(2)); the acts are those 'as necessary to avoid distortions with the neighbouring region' (Annex 20 point 1), in the version in force in the EU at the time, as the Cooperation Council determines 'in greater detail' (Annex 20 point 2); until that decision enters into force, Gibraltar 'shall be regarded as a third territory under Union customs, indirect taxation and trade-related law' (Article 247(5)). Article 219(4): the UK, for Gibraltar, 'shall uphold environmental and climate levels of protection that are equivalent to the levels in place in the Union, including by effectively enforcing environmental and climate law applicable to and in Gibraltar'; it applies no EU act and does not say from what date that level is read; Article 219(1) keeps each Party's right to set its levels of protection 'in a manner consistent with each Party's international commitments, including those under this Chapter'. Legal Notice 159/2026 comes into operation on the Implementation Date, which has the meaning given in section 3 of the Treaty on Gibraltar and the European Union Act 2026 (not among the texts read).

Why: This is a Commission proposal only: the Legislative Observatory page read on 26 October 2026 showed, on 20 October 2026, a decision by Parliament at first reading (T10-0344/2026), the results of the vote and the matter referred back to the committee responsible for interinstitutional negotiations, and no forecast. If adopted, this Directive would suspend until 1 January 2035 three provisions which, in the proposal's words, 'make the appointment of an authorised representative for extended producer responsibility mandatory' (recital 7): Article 22a(3) of Directive 2008/98/EC on waste, for textile, textile-related and footwear producers; Article 17(2) of Directive 2012/19/EU on waste electrical and electronic equipment; and Article 8(7) of Directive (EU) 2019/904 on single-use plastics (proposal Article 1). Its stated aim is that producers should be able to choose whether to appoint such a representative when making products available in another EU country where they are not established (recital 5). For textile, textile-related and footwear producers established outside the EU, EU countries may either require such a representative or ensure traceability and enforcement by alternative means (Article 1(a)); for the other two provisions Article 1 sets no such rule, while the explanatory memorandum says provisions for producers based in third countries 'should remain as they currently are contained in sectoral legislation'; how these fit the texts read do not settle. EU countries would have 12 months from entry into force to bring in the laws needed (Article 2). Gibraltar's Legal Notice 159/2026 defines 'the WEEE Regulation' as Directive (EU) 2024/884, which amends Directive 2012/19/EU, 'as amended from time to time'; its changes for electrical and electronic equipment (regulation 5) concern open-scope equipment, the marking standard and the date mark, and no text read shows a Gibraltar rule on authorised representatives for these products. Whether the suspension would reach Gibraltar the texts read do not settle.

Businesses: Producers of electrical and electronic equipment, single-use plastic products, or textile, textile-related and footwear products that make them available in Gibraltar, and the authorised representatives some of them appoint, could see the rules on such representatives change, but only if the proposal is adopted and the change then reaches Gibraltar. It could reach Gibraltar through Article 256(1), which is not settled, or through Annex 20 point 1(e) only once the Cooperation Council adopts the decision in Article 247(1). Legal Notice 159/2026 defines the WEEE Regulation as amended from time to time, but its changes for electrical and electronic equipment concern marking and dating; whether the suspension would change anything for businesses in Gibraltar the texts read do not settle. The suspension would run until 1 January 2035.

Government of Gibraltar: Legal Notice 159/2026, which the Government of Gibraltar made for the purposes of the implementation of Article 219(4), defines 'the WEEE Regulation' as Directive (EU) 2024/884, which amends Directive 2012/19/EU, as amended from time to time, and changes Gibraltar's rules on marking and dating electrical and electronic equipment. If the proposal is adopted, the Government of Gibraltar may need to check whether Gibraltar's waste rules should follow the change. Article 219(4) requires the UK, for Gibraltar, to uphold environmental and climate levels of protection equivalent to the levels in place in the EU, including by effectively enforcing environmental and climate law applicable to and in Gibraltar; it applies no EU act and does not say from what date the EU level is read.

Not shown to reach Gibraltar's routes: If adopted, this Directive would suspend until 1 January 2035 Article 22a(3) of Directive 2008/98/EC, Article 17(2) of Directive 2012/19/EU and Article 8(7) of Directive (EU) 2019/904, provisions which 'make the appointment of an authorised representative for extended producer responsibility mandatory' (recital 7; proposal Article 1). It is addressed to EU countries and aimed at producers making products available in an EU country where they are not established; its explanatory memorandum says it solely impacts the appointment of an authorised representative for extended producer responsibility, it does not change the rules the products themselves must meet, and the texts read do not show a change to what happens on any of Gibraltar's routes. Legal Notice 159/2026's changes for electrical and electronic equipment (regulation 5) concern marking and dating, not authorised representatives.

Row of the watch list: P15 Environment, consumers and health protection; P13 Industrial policy and internal market

The treaty’s words quoted (4)
  • Article 219(4): “The United Kingdom, in respect of Gibraltar, shall uphold environmental and climate levels of protection that are equivalent to the levels in place in the Union, including by effectively enforcing environmental and climate law applicable to and in Gibraltar.”
  • Article 219(1): “The Parties affirm the right of each Party to set its policies and priorities in the areas covered by this Chapter, to determine the environmental and climate levels of protection it deems appropriate, and to adopt or modify its law and policies in a manner consistent with each Party's international commitments, including those under this Chapter.”
  • Gibraltar Legal Notice 159 of 2026, regulation 4 (purpose): “The purpose of these Regulations is to amend the Principal Regulations to create equivalent domestic provisions for — (a) the WEEE Regulation”
  • Gibraltar Legal Notice 159 of 2026 (opening words): “make provision for the purposes of the implementation of Article 219(4) of the Agreement in respect of Gibraltar”

Link to this entry

48EUEnvironment, climate and carbon pricing

EU Emissions Trading System and market stability reserve: Commission proposal COM(2026) 616 final

Applies after a step This is a proposal only, so it could matter only if it is adopted. The treaty says the EU's carbon pricing system must cover all flights between the European Economic Area and Gibraltar, and this proposal would change that system, including its rules for flights to and from Gibraltar. The texts read do not say whether, or from when, such a change would count for that rule of the treaty.

Not shown to reach Gibraltar's routes: If adopted, this proposal would change the EU's emissions trading rules for flights: two time-limited reliefs for certain flights to or from countries outside the European Economic Area would not cover flights to and from Gibraltar, and a later proposal to narrow the system would keep flights to and from Gibraltar in it. Under the treaty, the EU's system must cover all flights between the European Economic Area and Gibraltar, and the UK's system all flights between the UK and Gibraltar. Gibraltar's airport route is flights with the UK, and the texts read do not show a change for flights between the UK and Gibraltar, so the text does not show a change on any of Gibraltar's routes.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 17 September 2026 Date ahead: Indicative European Parliament plenary date (Legislative Observatory forecast) 14 December 2026

Official text

Title: EU Emissions Trading System and market stability reserve: competitiveness and cost-effective decarbonisation

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Environment, Climate and Food Safety (ENVI); other committees BUDG, ITRE, TRAN

Stage and date: Latest key event on the Legislative Observatory page: Committee referral announced in Parliament, 1st reading (17 September 2026). Status shown: Awaiting committee decision. Observatory forecast: indicative plenary sitting date, 1st reading, 14 December 2026. Commission proposal: COM(2026) 616 of 17 July 2026.

What the text says: A Directive (Commission proposal COM(2026) 616 of 17 July 2026) amending Directive 2003/87/EC (the Emissions Trading System) and Decision (EU) 2015/1814 (the market stability reserve) for competitiveness and cost-effective decarbonisation. It names Gibraltar four times: in recital 83 and in the aviation scope proposed for Article 28a(1)(a) and (d), which list flights 'to and from Gibraltar' (with flights to aerodromes in the United Kingdom or Switzerland) as exceptions to time-limited reliefs for flights outside the European Economic Area, so those reliefs would not cover them, and in the review in Article 28b, whose accompanying proposal 'shall, as appropriate, restrict the application of the EU ETS to flights between two aerodromes located in States in the EEA, to aerodromes located in Switzerland and the UK and to and from Gibraltar' where the report shows that conditions on CORSIA are met.

Touches: Article 220(1) to (3)

Text read: Legislative Observatory procedure page (source), 8,968 characters, fetched 9 October 2026 00:51, checksum 2d16503fdaa8; Commission proposal from the Publications Office open data (source), 442,930 characters, fetched 9 October 2026 01:00, checksum d369c7d0a5e7; Publications Office open-data text (document list) (source), 453,515 characters, fetched 9 October 2026 00:53, checksum 80c4b596a3c6.

Why it could matter to Gibraltar

The treaty splits carbon pricing for flights: the EU's system must cover all flights between the European Economic Area and Gibraltar, and the UK's system all flights between the UK and Gibraltar. This proposal would change the EU's system and names flights to and from Gibraltar in its rules for aviation.

Now, or after which condition: This is a proposal only, now waiting for a decision of a European Parliament committee, and it matters only if it is adopted. If it is adopted, two time-limited reliefs would not cover flights to and from Gibraltar: under these reliefs, EU countries treat the system's requirements as met and take no action against aircraft operators. One relief covers, with some exceptions, flights to and from airports in countries outside the European Economic Area from 2027 to 2028; the other covers, with some exceptions, certain flights from outermost regions of EU countries and from dependencies and territories to countries outside the European Economic Area from 2029 to 2032. Flights to the UK or Switzerland are also left out of both. By 1 July 2032 the European Commission must report on CORSIA, the international scheme for offsetting aviation emissions. Where appropriate, a further proposal with that report would narrow the EU system to certain flights, among them flights to and from Gibraltar, if the report shows that CORSIA has been strengthened in line with its long-term global goal and that the countries on a list adopted under the EU's emissions trading rules represent more than 70% of international aviation emissions. Separately, the treaty requires the UK, for Gibraltar, to make sure that the carbon pricing or equivalent measures applying in Gibraltar have a scope and effectiveness equivalent to the EU system in place when the treaty enters into force or, if the treaty is applied provisionally first, on the date from which it is provisionally applied.

Why: This is a European Commission proposal only, now before the European Parliament, so it can matter only if it is adopted. It would change the EU's emissions trading system, which the treaty says must cover all flights between the European Economic Area and Gibraltar. The proposal leaves flights to and from Gibraltar, as it does flights to the UK or Switzerland, out of two time-limited reliefs for certain flights to or from countries outside the European Economic Area (one for 2027 to 2028, one for some flights from 2029 to 2032), so those reliefs would not cover them. After a European Commission report due by 1 July 2032, a further proposal could, where appropriate, narrow the system to certain flights, and flights to and from Gibraltar would still be included. That step needs the report to show two conditions on CORSIA, the international scheme for offsetting aviation emissions.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a Commission proposal only, so it could matter only if it is adopted. Article 220(3) says the scope of the EU's carbon pricing system must cover all flights between the European Economic Area and Gibraltar, and the proposal would change that system, including its rules for flights to and from Gibraltar (proposed Article 28a(1), points (a) and (d), and Article 28b(4) of Directive 2003/87/EC). The texts read do not say whether, or from when, a change to the EU system counts for Article 220(3).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). Article 220(3) says 'the scope of the Union system of carbon pricing shall cover all flights between the European Economic Area and Gibraltar' and 'The scope of the United Kingdom system of carbon pricing shall cover all flights between the United Kingdom and Gibraltar'. The proposal would change the EU system and names Gibraltar in its recital 83, in its proposed Article 28a(1), points (a) and (d), and in its proposed Article 28b(4) of Directive 2003/87/EC. Article 220(3) names the EU system, not this proposal, and does not say whether, or from when, a change to that system counts for it.

Now, or after which condition: A proposal only: it matters only if it is adopted (Legislative Observatory: status 'Awaiting committee decision'; forecast 'Indicative plenary sitting date, 1st reading', 14 December 2026). The opening words of Article 28a(1) of Directive 2003/87/EC, set by Directive (EU) 2023/958 and not changed by the proposal (which amends paragraph 1 by replacing point (a), adding points after point (b) and adding a subparagraph), have EU countries 'consider the requirements set out in those provisions to be satisfied' and 'take no action against aircraft operators' for the emissions listed. Proposed point (d) (1 January 2027 to 31 December 2028) and point (a) (1 January 2029 to 31 December 2032, 'subject to the review referred to in Article 28b') each make an exception for 'flights to aerodromes located in the United Kingdom or Switzerland and to and from Gibraltar'. Proposed Article 28b(4): the Commission reports 'By 1 July 2032', and 'An accompanying proposal shall, as appropriate, restrict the application of the EU ETS' to the flights listed there, 'and to and from Gibraltar', 'where the report shows' that CORSIA has been strengthened (point (a)) and that the States listed in the implementing act under Article 25a(3) represent more than 70% of international aviation emissions (point (b)). Article 220(2) compares Gibraltar's system with the EU's 'at the time of the entry into force of this Agreement', which Article 336(4), from the date of provisional application, reads as that date. Article 220 sits in Title I of Part Three, which Article 336(5) does not list.

Why: This is a Commission proposal only, now before the European Parliament (status: awaiting committee decision), so it can matter only if it is adopted. It would change the EU Emissions Trading System, whose scope Article 220(3) says must cover all flights between the European Economic Area and Gibraltar. Proposed Article 28a(1), points (a) and (d), of Directive 2003/87/EC would list flights to and from Gibraltar, with flights to aerodromes in the UK or Switzerland, as exceptions to two time-limited reliefs under which EU countries consider the system's requirements satisfied and take no action against aircraft operators: point (d) for flights to and from aerodromes in States outside the European Economic Area, from 1 January 2027 to 31 December 2028, and point (a) for flights from aerodromes in outermost regions or in dependencies and territories to States outside the European Economic Area, from 1 January 2029 to 31 December 2032. So those reliefs would not cover flights to and from Gibraltar. Under proposed Article 28b(4), the Commission is to report by 1 July 2032, and a proposal accompanying the report is, as appropriate, to restrict the system to certain flights, among them flights to and from Gibraltar, where the report shows the two CORSIA conditions in its points (a) and (b).

Businesses: Aircraft operators that fly to or from Gibraltar could be affected if the proposal is adopted. Proposed Article 28a(1), points (a) and (d), leave flights to and from Gibraltar out of two time-limited reliefs from the system's requirements for certain flights to or from States outside the European Economic Area (2027 to 2028 and, for some flights, 2029 to 2032), so those reliefs would not cover them. Article 220(3) says the EU system must cover all flights between the European Economic Area and Gibraltar, and the UK system all flights between the UK and Gibraltar.

Government of Gibraltar: Gibraltar's public authorities may want to watch this proposal. Article 220(3) says the EU system must cover all flights between the European Economic Area and Gibraltar, and the proposal names flights to and from Gibraltar in its aviation rules. Article 220(2) requires the UK, for Gibraltar, to ensure that the carbon pricing or equivalent measures applying in Gibraltar have an equivalent scope and effectiveness to the EU system in place at the time of the entry into force of the treaty; under Article 336(4), from the date the treaty is provisionally applied, that reference is read as a reference to the date of provisional application. The wording of Article 220(2) ties the comparison to the EU system in place at that date. The proposal can matter only if it is adopted.

Not shown to reach Gibraltar's routes: If adopted, it would change the EU Emissions Trading System's rules for flights: under proposed Article 28a(1), points (a) and (d), of Directive 2003/87/EC, two time-limited reliefs for certain flights to or from States outside the European Economic Area would not cover flights to and from Gibraltar, and under proposed Article 28b(4) a later proposal to narrow the system would keep flights to and from Gibraltar in it. Article 220(3) says the EU system must cover all flights between the European Economic Area and Gibraltar, and the UK system all flights between the UK and Gibraltar. Gibraltar's airport route is flights with the UK, and the texts read do not show a change for flights between the UK and Gibraltar, so the text does not show a change on any of Gibraltar's routes.

Row of the watch list: P15 Environment, consumers and health protection

The treaty’s words quoted (2)
  • Article 220(2): “The United Kingdom, in respect of Gibraltar, shall ensure that the system of carbon pricing or equivalent measures to reduce emissions applying in Gibraltar shall have an equivalent scope and effectiveness as the one in place in the Union at the time of the entry into force of this Agreement.”
  • Article 220(3): “As regards aviation, the scope of the Union system of carbon pricing shall cover all flights between the European Economic Area and Gibraltar. The scope of the United Kingdom system of carbon pricing shall cover all flights between the United Kingdom and Gibraltar.”

Link to this entry

53EUEnvironment, climate and carbon pricing

EU faster permit-granting for energy projects: Commission proposal COM(2025) 1007 final

Applies after a step This is a proposal only, so it can matter only if it is adopted. The treaty requires the UK, for Gibraltar, to keep levels of environmental and climate protection equivalent to those in place in the EU, and Gibraltar's Renewable Energy Regulations 2026, made for that purpose, refer to the EU directive this proposal would change. The treaty applies no EU law here by itself and does not say from what date the EU level is read, and the texts read do not settle whether Gibraltar's Regulations would take in the change, so whether, and from when, it would reach Gibraltar is not settled.

Not shown to reach Gibraltar's routes: If adopted, this proposal would change how EU countries grant permits for renewable energy, storage, grid and recharging projects; for example, EU countries would have to set up a single national digital portal for all the steps of permit-granting for renewable energy, storage and grid projects. Its duties are on EU countries and their authorities. Gibraltar's own permit steps and time limits for renewable energy projects are set in Gibraltar's planning law, and the texts read do not show the proposal changing them by itself; Gibraltar's Renewable Energy Regulations 2026 let the minister responsible for the environment amend those Regulations to create equivalent Gibraltar provisions for any amendment to the EU directive. The text does not show a change to what happens on any of Gibraltar's routes.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 8 July 2026 No date ahead given

Official text

Title: Amending Directives (EU) 2018/2001, (EU) 2019/944, (EU) 2024/1788 as regards acceleration of permit-granting procedures

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Industry, Research and Energy (ITRE); other committees ENVI

Stage and date: Latest key event on the Legislative Observatory page: Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 72) (8 July 2026). Status shown: Awaiting Parliament's position in 1st reading.

Two dates: Swiftsure's tracker records 'interinstitutional negotiation (first reading)' on 6 October 2026; that date does not appear on the Observatory page read. The section shows the Observatory's own date (8 July 2026).

What the text says: A Directive that accelerates permit-granting for energy projects by amending Directives (EU) 2018/2001 (renewable energy), (EU) 2019/944 (electricity market) and (EU) 2024/1788 (gas market). Gibraltar's Renewable Energy Regulations 2026 (Legal Notice 169/2026) define 'the Directive' as Directive (EU) 2018/2001, as amended by Directive (EU) 2023/2413 and as amended from time to time, and refer to it in several of their provisions.

Touches: Article 219(4) and Gibraltar's Renewable Energy Regulations 2026 ()

Text read: Legislative Observatory procedure page (source), 8,663 characters, fetched 9 October 2026 00:51, checksum eff67140ae4b; Commission proposal from the Publications Office open data (source), 188,804 characters, fetched 9 October 2026 00:55, checksum 57c53ab3888d.

Why it could matter to Gibraltar

Gibraltar's Renewable Energy Regulations 2026 were made to carry out the treaty's rule on environmental and climate protection. They refer to the EU renewable energy directive, as amended from time to time, and they set Gibraltar's own permit steps and time limits for renewable energy projects. This proposal would change that directive's permit rules.

Now, or after which condition: This is a proposal only, and it matters only if it is adopted. The European Parliament has confirmed its committee's decision to open negotiations with the other EU institutions, and its first-reading position is awaited. The treaty says the UK, for Gibraltar, must keep levels of environmental and climate protection equivalent to those in place in the EU, including by effectively enforcing environmental and climate law applicable to and in Gibraltar. It applies no EU law itself and does not say from what date the EU level is read; it also affirms each side's right to set the levels of protection it considers appropriate and to change its own law. Gibraltar's Renewable Energy Regulations 2026 read references to the EU directive as references to it as amended or replaced from time to time and as it applies to Gibraltar under Gibraltar's 2026 Act that brings the treaty into Gibraltar law; whether a change made by this proposal would apply to Gibraltar in that way the texts read do not settle. Gibraltar's planning time limits for renewable energy projects are written into its own planning law, and the texts read do not show this proposal changing them by itself. The Regulations let the minister responsible for the environment amend them, by regulations laid before the Gibraltar Parliament, to create equivalent Gibraltar provisions for any amendment to the EU directive.

Read the texts on this

The full title of Gibraltar's 2026 Act that brings the treaty into Gibraltar law is the Treaty on Gibraltar and the European Union Act 2026.

Why: This is a European Commission proposal only, so it can matter only if it is adopted. It would change the permit rules in the EU renewable energy directive, which Gibraltar's Renewable Energy Regulations 2026 refer to. Under the treaty, the UK, for Gibraltar, must keep environmental and climate protection equivalent to the levels in place in the EU. Whether a change to EU permit rules changes the EU level Gibraltar is compared with, and from what date that level is read, the treaty does not say, so this link is not settled.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This is a Commission proposal only, so it can matter only if it is adopted. The treaty provision it could touch is Article 219(4), which requires the UK, for Gibraltar, to uphold environmental and climate levels of protection equivalent to the levels in place in the EU; it applies no EU act itself and does not say at what date the EU levels are read. Gibraltar's Renewable Energy Regulations 2026 (Legal Notice 169/2026), made for the purposes of implementing Article 219(4), read references to Directive (EU) 2018/2001 as references to it as amended or replaced from time to time 'and as applicable to Gibraltar by virtue of the Act' (regulation 2(3)). The texts read do not settle whether, or from when, a change made by this proposal would reach Gibraltar in either way.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). Directive (EU) 2018/2001 is 'the Directive' in Gibraltar's Renewable Energy Regulations 2026 (Legal Notice 169/2026, regulation 2(1)), made 'for the purposes of the implementation of Article 219(4)'; the proposal changes that Directive's permit-granting rules, and Part 4 of the Regulations (regulation 11) sets Gibraltar's own planning permission-granting procedure for renewable energy projects. The texts read show no tie in the Regulations to Directives (EU) 2019/944 and (EU) 2024/1788, which the proposal also amends.

Now, or after which condition: Stage: proposal, not law unless adopted. Article 219(4): the UK, for Gibraltar, 'shall uphold environmental and climate levels of protection that are equivalent to the levels in place in the Union, including by effectively enforcing environmental and climate law applicable to and in Gibraltar'; it applies no EU act and does not say at what date 'the levels in place' are read. Article 219(1) affirms each Party's right 'to determine the environmental and climate levels of protection it deems appropriate, and to adopt or modify its law and policies'. Legal Notice 169/2026 defines 'the Directive' as Directive (EU) 2018/2001 'as amended by Directive (EU) 2023/2413 ... and as amended from time to time' (regulation 2(1)) and reads references to it 'as amended or replaced from time to time and as applicable to Gibraltar by virtue of the Act' (regulation 2(3)); whether an amendment made by this proposal would be 'applicable to Gibraltar by virtue of the Act' the texts read do not settle. Gibraltar's planning time limits for renewable energy projects are in sections 33A to 33J that regulation 11 inserts into the Town Planning Act 2018 (for example, no more than twelve months from validation in renewables acceleration areas, section 33C(1)); the texts read do not show the proposal changing them by itself. Regulation 54(1)(a) lets the Minister, by regulations laid before the Gibraltar Parliament (regulation 54(2)), amend the Regulations for the purpose of 'creating equivalent domestic provisions to any amendment to the Directive'. The Regulations come into operation on the Implementation Date (regulation 1).

Why: This is a Commission proposal only (Legislative Observatory status: awaiting Parliament's position in 1st reading, after the committee decision to enter into interinstitutional negotiations was confirmed by plenary on 8 July 2026), so it can matter only if it is adopted. It would change the permit-granting rules of Directive (EU) 2018/2001 (for example, EU countries would have to set up a single digital portal at national level for all the steps of the permit-granting procedures for renewable energy, storage and grid projects, proposed Article 16(3a)) and amend Directives (EU) 2019/944 and (EU) 2024/1788. Legal Notice 169/2026 was made for the purposes of implementing Article 219(4); its regulation 11 inserts into the Town Planning Act 2018 Gibraltar's own planning permission-granting procedure for renewable energy projects, with time limits, and its regulation 54(1)(a) lets the Minister amend the Regulations to create equivalent domestic provisions to any amendment to Directive (EU) 2018/2001. Under Article 219(4), the UK, for Gibraltar, must uphold environmental and climate levels of protection equivalent to the levels in place in the EU; whether a change to EU permit-granting rules changes that level, and at what date the EU level is read, the texts read do not settle.

Businesses: Businesses that plan or run renewable energy projects in Gibraltar could see the permit steps or time limits change if Gibraltar changes its own law to match: those time limits are in the Town Planning Act 2018 as Legal Notice 169/2026 amended it, and regulation 54(1)(a) lets the Minister amend the Regulations to create equivalent domestic provisions to any amendment to Directive (EU) 2018/2001. A change of this kind could follow from this proposal only if it is adopted, and the link through Article 219(4) is not settled.

Government of Gibraltar: The Government of Gibraltar may need to review its Renewable Energy Regulations 2026 (Legal Notice 169/2026) if the proposal is adopted. Those Regulations were made for the purposes of implementing Article 219(4), define Directive (EU) 2018/2001 as amended from time to time as 'the Directive' and refer to it in several provisions, and set Gibraltar's planning time limits for renewable energy projects (regulation 11). Regulation 54(1)(a) lets the Minister amend them, by regulations laid before the Gibraltar Parliament, to create equivalent domestic provisions to any amendment to that Directive.

Not shown to reach Gibraltar's routes: If adopted, it would change how EU countries grant permits for renewable energy, storage, grid and recharging projects; for example, EU countries would have to set up a single digital portal at national level for all the steps of the permit-granting procedures for renewable energy, storage and grid projects (proposed Article 16(3a) of Directive (EU) 2018/2001). Its duties are on EU countries and their authorities. Gibraltar's own planning permission-granting procedure and time limits for renewable energy projects are in the Town Planning Act 2018 as Legal Notice 169/2026 amended it, and the texts read do not show the proposal changing them by itself; regulation 54(1)(a) lets the Minister amend the Regulations to create equivalent domestic provisions to any amendment to the Directive. The text does not show a change to what happens on any of Gibraltar's routes.

Row of the watch list: P15 Environment, consumers and health protection; G-LN-169 LN 169/2026 Renewable Energy Regulations 2026

The treaty’s words quoted (4)
  • Article 219(4): “The United Kingdom, in respect of Gibraltar, shall uphold environmental and climate levels of protection that are equivalent to the levels in place in the Union, including by effectively enforcing environmental and climate law applicable to and in Gibraltar.”
  • Article 219(1): “The Parties affirm the right of each Party to set its policies and priorities in the areas covered by this Chapter, to determine the environmental and climate levels of protection it deems appropriate, and to adopt or modify its law and policies in a manner consistent with each Party's international commitments, including those under this Chapter.”
  • Gibraltar Legal Notice 169 of 2026, regulation 2 (advanced biofuels): “"advanced biofuels" means biofuels that are produced from the feedstock listed in Part A of Annex IX to Directive (EU) 2018/2001;”
  • Gibraltar Legal Notice 169 of 2026 (opening words): “make provision for the purposes of the implementation of Article 219(4) of the Agreement in respect of Gibraltar”

Link to this entry

54EUEnvironment, climate and carbon pricing

EU simplification of waste and industrial emissions rules: Commission proposal COM(2025) 986 final

Applies after a step If this proposal is adopted, it could reach Gibraltar in two ways. One is the treaty's goods rule, under which the UK, for Gibraltar, must have in place and apply laws so that goods meet the relevant EU rules, if it counts as such a rule (not settled). The other is the EU product rules the treaty lists, but only once the Cooperation Council's decision on the EU customs and goods rules is taken.

Not shown to reach Gibraltar's routes: If adopted, it would simplify rules for waste, industrial installations, medium combustion plants and livestock farms covered by the EU directive on industrial and livestock rearing emissions. In the waste rules, for example, EU countries would have to require producers under extended producer responsibility, or their authorised representatives, to report no more than once every 12 months, for each full preceding calendar year. The duty on EU countries to make sure that suppliers of articles send the European Chemicals Agency certain information required under the EU's 2006 chemicals regulation would end on the date the new directive enters into force. These changes are aimed at producers, at suppliers' reports to that Agency and at the operators of installations and farms, and the text does not show a change to what happens on any of Gibraltar's routes.

  1. Proposed
  2. Being debated
  3. Agreed
  4. In force

Latest step: 9 February 2026 Date ahead: Indicative European Parliament plenary date (Legislative Observatory forecast) 14 December 2026

Official text

Title: Amending Directives 2008/98/EC, 2010/75/EU, (EU) 2015/2193 and (EU) 2024/1785 of the European Parliament and of the Council as regards simplification of some requirements and reduction of administrative burden

Who: European Commission, which presented the proposal; in the European Parliament, lead committee Environment, Climate and Food Safety (ENVI); other committees AGRI, ITRE

Stage and date: Latest key event on the Legislative Observatory page: Committee referral announced in Parliament, 1st reading (9 February 2026). Status shown: Awaiting committee decision. Observatory forecast: indicative plenary sitting date, 1st reading, 14 December 2026.

Two dates: Swiftsure's tracker records 'committee adopting opinion (first reading)' on 2 September 2026; the Observatory page lists the date 2 September 2026 in its documentation gateway as 'Committee opinion (AGRI), reference PE787.938', not as a key event. The section shows the Observatory's own date (9 February 2026).

What the text says: A Directive that simplifies requirements and reduces administrative burden in Directives 2008/98/EC (waste), 2010/75/EU (industrial emissions), (EU) 2015/2193 (medium combustion plants) and (EU) 2024/1785.

Touches: Article 219(4), Annex 20 point 1(e) (waste)

Text read: Legislative Observatory procedure page (source), 7,619 characters, fetched 9 October 2026 00:50, checksum 92869bec68c3; Commission proposal from the Publications Office open data (source), 122,061 characters, fetched 9 October 2026 00:59, checksum 8b944ee77962.

Why it could matter to Gibraltar

The EU rules the treaty lists include product rules for the EU single market, among them rules on waste. The treaty also says the UK, for Gibraltar, must keep levels of environmental and climate protection equivalent to those in the EU. Whether a general waste rule is a product rule the texts do not settle.

Now, or after which condition: The treaty's list covers EU product rules, requirements and standards for the EU single market, including on waste; industrial emissions and medium combustion plants are not named. The EU customs and goods rules listed in the treaty apply in Gibraltar only once the Cooperation Council takes a decision. That decision must set the date from which those rules apply in Gibraltar. It must also declare that the border control posts and customs offices at the port and airport are set up, working and controlled as that decision sets out, and that competent authorities within the EU have been named. The Cooperation Council may change the list when it takes that decision, and is to set out in more detail which acts are on it. The list applies EU acts and other equivalent legislation as needed to avoid distortions with the neighbouring region, in the version that applies in the EU at the time. Until that decision enters into force, Gibraltar counts as a third territory for EU customs, indirect tax and trade rules. Stage: proposal.

Why: This is a Commission proposal only, still waiting for a Parliament committee decision. If adopted, it would simplify four EU directives, including those on waste, industrial emissions and medium combustion plants. It could reach Gibraltar's goods rules through the treaty's goods rule, under which goods made or put on the market in Gibraltar must meet the relevant EU rules, but whether these count as goods rules is not settled. It could also reach Gibraltar through the EU product rules the treaty lists, but only once the Cooperation Council's decision on the EU customs and goods rules is taken.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: If this proposal is adopted, it could reach Gibraltar through Article 256(1), which requires the UK, for Gibraltar, to have in place and apply legislation so that goods meet the relevant EU rules, if it counts as such a rule (not settled), or through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1).

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). Annex 20 point 1(e) names waste within product rules for the internal market; Article 219(4) asks for equivalent levels of protection. Whether a waste framework rule is a 'product rule' the texts do not settle.

Now, or after which condition: Annex 20 point 1(e) names 'product rules, requirements and standards applicable in the Union's internal market, including on ... waste'; industrial emissions and medium combustion plants are not named. Annex 20 applies only if the Cooperation Council adopts the decision in Article 247(1); that decision must specify the date from which Annex 20 applies and declare that border control posts and customs offices are established in the port and airport, operate and are controlled in accordance with the modalities and procedures set out in that decision, and that competent authorities within the EU are designated (Article 247(1)(a) and (b)); the Cooperation Council may amend the Annex 20 list when adopting it (Article 247(2)) and is to determine the Annex 20 provisions in greater detail (Annex 20 point 2); until that decision enters into force, Gibraltar is regarded as a third territory under EU customs, indirect taxation and trade-related law (Article 247(5)). Annex 20 point 1 applies EU acts 'as necessary to avoid distortions with the neighbouring region in relation to Article 247(1)', and 'the provisions referred to in this paragraph shall be those applicable at the time in the Union'. Stage: proposal.

Why: This is a Commission proposal only, still waiting for a Parliament committee decision. If adopted, it would simplify four EU Directives, including those on waste, industrial emissions and medium combustion plants. It could reach Gibraltar's goods rules under Article 256(1), but whether these count as goods rules is not settled. It could also reach Gibraltar under Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1).

Businesses: Gibraltar businesses that handle waste or place goods on the market could see their requirements change if the proposal is adopted. This could come through Article 256(1), though whether these rules are goods rules is not settled. It could also come through Annex 20 point 1(e), but only once the Cooperation Council adopts the decision in Article 247(1).

Government of Gibraltar: If the proposal is adopted, the Government of Gibraltar may need to check whether Gibraltar law on waste and goods should be adjusted. Article 219(4) requires the UK, for Gibraltar, to uphold environmental and climate levels of protection equivalent to those in the EU, including by effectively enforcing environmental and climate law in Gibraltar. The EU level could change, though that Article does not say from what date it is read.

Not shown to reach Gibraltar's routes: If adopted, it would simplify rules for waste, industrial installations, medium combustion plants and livestock farms covered by Directive 2010/75/EU on industrial and livestock rearing emissions. In the waste rules, for example, EU countries would have to require producers under extended producer responsibility, or their authorised representatives, to report no more than once every 12 months, for each full preceding calendar year (new Article 8a(1)(c)). The duty EU countries must ensure, for suppliers of articles to send the European Chemicals Agency the information under Article 33(1) of Regulation (EC) No 1907/2006, would end on the date the Directive enters into force (new Article 9(1)(ia); proposal Article 1). These changes are aimed at producers, at suppliers' reports to that Agency and at the operators of installations and farms, and the text does not show a change to what happens on any of Gibraltar's routes.

Row of the watch list: P15 Environment, consumers and health protection

The treaty’s words quoted (5)
  • Annex 20 point 1 (opening words): “Union acts and other equivalent legislation as necessary to avoid distortions with the neighbouring region in relation to Article 247(1) of this Agreement shall be applied in the United Kingdom, in respect of Gibraltar.”
  • Article 219(4): “The United Kingdom, in respect of Gibraltar, shall uphold environmental and climate levels of protection that are equivalent to the levels in place in the Union, including by effectively enforcing environmental and climate law applicable to and in Gibraltar.”
  • Article 219(1): “The Parties affirm the right of each Party to set its policies and priorities in the areas covered by this Chapter, to determine the environmental and climate levels of protection it deems appropriate, and to adopt or modify its law and policies in a manner consistent with each Party's international commitments, including those under this Chapter.”
  • Annex 20 point 1(e): “Union acts setting product rules, requirements and standards applicable in the Union's internal market, including on tobacco and related products, chemicals, waste and sanitary and phytosanitary measures;”
  • Article 247(1): “The provisions of Union law listed in Annex 20 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, provided that the Cooperation Council adopts a decision: (a) specifying the date as from which the provisions of Union law listed in Annex 20 apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar; and (b) declaring that border control posts and customs offices have been established in the port and airport and that they operate and are controlled in accordance with modalities and procedures set out in that decision and that competent authorities within the Union have been designated.”

Link to this entry

64SpainBorders, police, justice and personal data

Spanish bill on information exchange between security and customs services: Proyecto de Ley 121/000077

Applies after a step This Spanish bill lapsed on 6 October 2026 and can matter only if it is brought back and adopted. Even then, it could bear only on the Spanish domestic law conditions that Spanish authorities follow when they exchange information under the treaty's rule on information exchange between the competent authorities of EU countries and those of the UK, for Gibraltar. By its title and its own text, the bill covers exchanges among EU countries' services, so its link to exchanges with authorities for Gibraltar is by subject only and is not settled.

Status: Lapsed on 6 October 2026, when Spain's Cortes Generales were dissolved. If it is brought back, it will be read again and judged against Gibraltar's routes.

Not shown to reach Gibraltar's routes: The bill covers exchanges of information for preventing, detecting or investigating criminal offences between the competent security and customs services of EU countries. It leaves Spain's agreements with EU countries and third countries untouched and does not mention Gibraltar. The texts read do not show a change to what happens on any of Gibraltar's routes. The bill also lapsed on 6 October 2026.

Stage: see details

Latest step: 6 October 2026 No date ahead given

Official text

Title: Proyecto de Ley para el intercambio de información entre los servicios de seguridad y aduanas de los Estados miembros de la Unión Europea.

Who: Congreso de los Diputados

Stage and date: In the Congreso de los Diputados: Proyecto de Ley 121/000077, bulletin of 12 December 2025 (BOCG Serie A, núm. 77-1): referred to the Comisión de Interior, amendments to 3 February 2026. The Cortes Generales were dissolved by of 5 October 2026, which came into force on its publication in the BOE on 6 October. The Congreso's own page gives the bill's situation as 'Concluido - (Caducado)' from 6 October 2026; under Article 207 of the Reglamento del Congreso de los Diputados all matters pending before the Congreso lapse on its dissolution, except those that its Diputación Permanente must deal with under the Constitution.

What the text says: Government bill on the exchange of information between the security and customs services of the Member States of the Union (chapters on requests, replies, other exchanges and a single national contact point). The bill applies to exchanges between the security and customs services of the Member States of the European Union (its Articles 1 and 3(1)), is without prejudice to agreements between Spain and Member States and third countries (Article 3(3)), and does not mention Gibraltar.

Touches: Article 54 (information exchange, police cooperation)

Text read: Congreso bulletin (BOCG) PDF, text extracted (source), 49,384 characters, fetched 9 October 2026 00:51, checksum 2da9a41fe880.

Why it could matter to Gibraltar

The treaty provides for information exchange between the competent authorities of the EU countries and of the UK, for Gibraltar, subject to their domestic law. By its title the bill covers exchange among the EU countries' services. Tied by subject only.

Now, or after which condition: Stage: lapsed on 6 October 2026. The bill's own text applies it to exchanges between the security and customs services of the EU countries and leaves agreements between Spain and EU countries and third countries untouched. It does not mention Gibraltar.

Why: This Spanish bill would set rules for how Spanish security and customs services exchange information with other EU countries' services. Under the treaty, Spanish authorities and the authorities of the UK, for Gibraltar, may help each other with information for the crime and public-safety purposes the treaty lists. This is subject to their own domestic law. A law like this could change the conditions Spanish authorities apply. Whether it would reach exchanges for Gibraltar is not settled. It lapsed on 6 October 2026, so it can matter only if it is brought back and adopted.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This Spanish bill lapsed on 6 October 2026 and can matter only if it is brought back and adopted; even then it could bear only on the Spanish domestic law conditions that Spanish authorities follow when they exchange information under Article 54(1), and since the bill by its title and its Article 3(1) covers exchanges among EU countries' services, its link to exchanges with authorities for Gibraltar is by subject only and is not settled.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). Article 54 covers information exchange between competent authorities of the EU countries and of the UK, for Gibraltar, subject to their domestic law; by its title the bill covers exchange among the EU countries' services. Tied by subject only.

Now, or after which condition: Stage: lapsed on 6 October 2026 (entry text). The bill's own text applies it to exchanges between the security and customs services of the EU countries (its Articles 1 and 3(1)) and leaves agreements between Spain and EU countries and third countries untouched (Article 3(3)); it does not mention Gibraltar.

Why: This Spanish bill would set rules for how Spanish security and customs services exchange information with other EU countries' services. Under Article 54, Spanish authorities and the authorities of the UK, for Gibraltar, may help each other with information for the crime and public-safety purposes listed there. This is subject to their own domestic law. A law like this could change the conditions Spanish authorities apply. Whether it would reach exchanges for Gibraltar is not settled. It lapsed on 6 October 2026, so it can matter only if it is brought back and adopted.

Residents: Residents' information could be asked for by, or sent to, Spanish security and customs services under Article 54, for the purposes listed there. The rules those Spanish services follow could change if this lapsed bill is brought back and adopted. Whether it would reach exchanges for Gibraltar is not settled.

Frontier workers: Frontier workers' information could be asked for by, or sent to, Spanish security and customs services under Article 54, for the purposes listed there. The rules those Spanish services follow could change if this lapsed bill is brought back and adopted. Whether it would reach exchanges for Gibraltar is not settled.

Travellers: Travellers' information could be asked for by, or sent to, Spanish security and customs services under Article 54, for the purposes listed there. The rules those Spanish services follow could change if this lapsed bill is brought back and adopted. Whether it would reach exchanges for Gibraltar is not settled.

Government of Gibraltar: Gibraltar's police, customs or other authorities competent under Article 54(2) may exchange information with Spanish security and customs services for the purposes Article 54 lists. This is subject to their domestic law. The Spanish conditions for those exchanges could change, but only if this lapsed bill is brought back and adopted. Whether it would reach exchanges for Gibraltar is not settled.

Not shown to reach Gibraltar's routes: The bill covers exchanges of information for preventing, detecting or investigating criminal offences between the competent security and customs services of EU countries (its Articles 1 and 3(1)). It leaves Spain's agreements with EU countries and third countries untouched (its Article 3(3)) and does not mention Gibraltar. The texts read do not show a change to what happens on any of Gibraltar's routes. The bill also lapsed on 6 October 2026.

Status: Lapsed on 6 October 2026, when the Cortes Generales were dissolved (Real Decreto 806/2026). If it is brought back, it will be read again and judged against Gibraltar's routes.

Row of the watch list: S-54 Spanish law on exchange of information between police, security and customs services

The treaty’s words quoted (2)
  • Article 54(1): “The objective of this Article is to ensure that the competent authorities of the Member States and of the United Kingdom, in respect of Gibraltar, are able, subject to the conditions of their domestic law and within the scope of their powers, and to the extent that this is not provided for in this Chapter and in Chapter 2 of Title V of this Part, to assist each other through the provision of relevant information for the purposes of:”
  • Article 54(2): “a domestic police, customs or other authority that is competent under domestic law to undertake activities for the purposes set out in paragraph 1”

Link to this entry

69SpainSocial security and frontier workers

Spanish bill to align the personal income tax exempt limit with the minimum wage: Proposición de Ley

Applies after a step This Spanish bill lapsed on 6 October 2026, so it can matter only if it is brought back and adopted. It could then matter for UK nationals who legally live in Gibraltar and work in Spain as employed frontier workers, through their right under the treaty to equal treatment with Spanish employees in tax advantages, if its rules on filing tax returns and on withholding count as such advantages and apply to these workers. The texts read do not settle either point.

Status: Lapsed on 6 October 2026, the day the decree of 5 October dissolving Spain's Cortes Generales was published. If it is brought back, it will be read again and judged against Gibraltar's routes.

Not shown to reach Gibraltar's routes: It would make the yearly minimum wage one of the income limits that decide whether people with income from work must file a Spanish personal income tax return, in the cases it lists, and would have the Spanish Government change the rules so that no tax is withheld from pay at or below the minimum wage. It lapsed on 6 October 2026, so as things stand it changes nothing on Gibraltar's routes. If it were brought back and adopted, it could matter for UK nationals who legally live in Gibraltar and work in Spain as employed frontier workers, through their right under the treaty to equal treatment in tax advantages. The texts read do not settle whether these rules count as such advantages, or whether these workers pay this tax. The text does not mention Gibraltar.

Stage: see details

Latest step: 6 October 2026 No date ahead given

Official text

Title: Proposición de Ley para ajustar el límite exento del impuesto sobre la renta de las personas físicas (IRPF) al salario mínimo interprofesional (SMI).

Who: Senado

Stage and date: In the Senate and the Congreso de los Diputados: Proposición de Ley (Grupo Parlamentario Popular en el Senado) to align the personal income tax exempt limit with the minimum wage; taken into consideration by the Senate on 9 April 2025 (Senate bulletin núm. 244) and sent to the Congreso. The Cortes Generales were dissolved by on 5 October 2026 (published in the BOE on 6 October). The Congreso's own page gives the bill's situation as 'Concluido - (Caducado)' from 6 October 2026; under Article 207 of the Reglamento del Congreso de los Diputados all matters pending before the Congreso lapse on its dissolution, except those that its Diputación Permanente must deal with under the Constitution. The Senado's own page could not be read.

What the text says: A bill from the Popular Group in the Senate, sent on to the Congreso, with one article. It would change Article 96(3) of Ley 35/2006, the Spanish personal income tax law, so that the income limit that decides whether a taxpayer must file a tax return equals the annual minimum wage (salario mínimo interprofesional) for work income from more than one payer, for compensatory pensions from a spouse or maintenance payments other than those in Article 7 of that law, when the payer is not required to withhold tax, and for work income taxed at a fixed withholding rate. For work income from more than one payer the limit is 24,000 euros a year where the second and later payers together pay no more than 2,500 euros a year, and where the only work income is the passive benefits in Article 17.2.a) and the withholding rate was set by the special procedure in the regulations. The first additional provision tells the Government to approve, within 15 days at most, the changes to the regulations needed so that no tax is withheld on work income at or below the minimum wage. The bill would enter into force in the next budget year. The text does not mention Gibraltar.

Touches: Article 292(3)(c) and (4) with Article 291(1) (social and tax advantages of frontier workers)

Text read: Congreso bulletin (BOCG) PDF, text extracted (source), 7,023 characters, fetched 10 October 2026 22:39, checksum 8896daf144ea.

Why it could matter to Gibraltar

The bill changes Spanish personal income tax rules on who must file a return and on tax withheld from pay. Under the treaty, UK nationals who legally live in Gibraltar, work in Spain as employees and return to Gibraltar at least once a week have in Spain the same right as Spanish employees to social and tax advantages, except access to housing.

Now, or after which condition: Under the treaty, UK nationals legally living in Gibraltar who work as employees in Spain and return to Gibraltar at least once a week are employed frontier workers. In Spain they have the same right to equal treatment as Spanish employees on the matters the treaty lists, which include social and tax advantages, except rights of access to housing. The texts read do not settle whether a limit on the duty to file a tax return, or a rule that no tax is withheld, is a tax advantage of that kind. The bill changes the rules for people who pay Spanish personal income tax; the Spanish law it amends also names a separate tax on the income of non-residents, and the texts read do not show which of the two these workers pay. If adopted, the bill would come into force in the next budget year. Stage: the bill lapsed on 6 October 2026, when the decree dissolving Spain's Cortes Generales was published.

Why: This Spanish bill would make the yearly minimum wage one of the income limits that decide whether people with income from work must file a Spanish personal income tax return, in the cases it lists. It would also have the Spanish Government change the rules so that no tax is withheld from pay at or below the minimum wage. Under the treaty, UK nationals who legally live in Gibraltar and work in Spain as employed frontier workers have equal treatment with Spanish employees in tax advantages. The texts read do not settle whether these rules count as tax advantages, or whether these workers pay this tax. The bill lapsed on 6 October 2026, so it can matter only if it is brought back and adopted.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This lapsed bill can matter only if it is brought back and adopted. It could then matter for the employed frontier workers in Article 291(1)(b) and (2) through the equal treatment in social and tax advantages in Spain that Article 292(4), read with Article 292(3)(c), gives them, if its rules on the duty to file a return and on withholding count as such advantages and apply to those workers, which the texts read do not settle.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). Article 292(4) gives employed frontier workers in Article 291(1)(b) 'the same right to equal treatment as employed Spanish nationals in Kingdom of Spain in respect of the matters referred to in paragraph 3', which include 'social and tax advantages, except rights of access to housing' (Article 292(3)(c)). The bill would change one of the limits on the duty to file a Spanish personal income tax return ('Límites en la obligación de declarar en el IRPF', its single article) and would have the Spanish Government approve the changes to the regulations needed so that no tax is withheld on work income at or below the minimum wage (its first additional provision). The texts read do not settle whether these rules are such advantages. The bill applies to 'contribuyentes' of the Spanish personal income tax, and the title of Ley 35/2006 also names a separate tax on the income of non-residents ('Impuestos ... sobre la Renta de no Residentes'); the texts read do not show which tax applies to the employed frontier workers in Article 291(1)(b). The bill does not mention Gibraltar.

Now, or after which condition: Article 291(2): persons in Article 291(1)(a) and (b) 'who pursue an economic activity as an employed person either in Gibraltar or in the Kingdom of Spain and who return at least once a week to the Kingdom of Spain or to Gibraltar, respectively, are employed frontier workers'; Article 291(1)(b) names 'United Kingdom nationals legally residing in Gibraltar'. Article 292(4) gives those in point (b) equal treatment with employed Spanish nationals in Spain on the matters in Article 292(3), including social and tax advantages, except rights of access to housing (point (c)). Whether a limit on the duty to file a return, or a rule against withholding, is such an advantage, and whether these workers pay the Spanish personal income tax the bill changes, the texts read do not settle. If adopted, the bill 'entrará en vigor en el próximo ejercicio presupuestario' (its second final provision). Stage: the bill lapsed on 6 October 2026, on the dissolution of the Cortes Generales by Real Decreto 806/2026 of 5 October, which came into force on its publication in the BOE on 6 October 2026.

Why: This Spanish bill lapsed on 6 October 2026. Its single article would make the annual minimum wage (salario mínimo interprofesional) the limit in Article 96(2)(a) of Ley 35/2006, one of the limits on the duty to file a Spanish personal income tax return, for taxpayers with gross work income in the cases it lists; for work income from more than one payer, the limit would be 24,000 euros a year in the two cases the bill names. Its first additional provision would have the Spanish Government make the changes to the regulations needed so that no tax is withheld on work income at or below the minimum wage. Under Article 292(4) of the treaty, read with Article 292(3)(c), the employed frontier workers in Article 291(1)(b) have in Spain the same right to equal treatment as employed Spanish nationals in social and tax advantages, except rights of access to housing. The texts read do not settle whether these rules count as such advantages, or whether those workers pay the tax the bill changes. The bill can matter only if it is brought back and adopted.

Frontier workers: Under Article 291(1)(b) and (2) of the treaty, UK nationals legally residing in Gibraltar who pursue an activity as employed persons in Spain and return to Gibraltar at least once a week are employed frontier workers. Article 292(4) gives them in Spain the same right to equal treatment as employed Spanish nationals on the matters in Article 292(3), which include social and tax advantages, except rights of access to housing (point (c)). If this lapsed bill is brought back and adopted, its rules on the duty to file a return and on withholding could matter to them on equal terms, if those rules count as tax advantages and if these workers pay the tax the bill changes; the texts read settle neither point.

Not shown to reach Gibraltar's routes: The bill would make the annual minimum wage the limit in Article 96(2)(a) of Ley 35/2006 for taxpayers of the Spanish personal income tax with gross work income in the cases it lists (its single article, replacing Article 96(3)), and would have the Spanish Government change the regulations so that no tax is withheld on work income at or below the minimum wage (its first additional provision). It lapsed on 6 October 2026, so as things stand it changes nothing on any of Gibraltar's routes. If it were brought back and adopted, it could matter for the employed frontier workers in Article 291(1)(b) of the treaty through the equal treatment in social and tax advantages in Article 292(4) with Article 292(3)(c); the texts read do not settle whether these rules are such advantages, or whether those workers pay this tax. The text does not mention Gibraltar.

Status: Lapsed on 6 October 2026, when the Cortes Generales were dissolved (Real Decreto 806/2026). If it is brought back, it will be read again and judged against Gibraltar's routes.

Row of the watch list: S-IRPF Spanish personal income tax: Ley 35/2006, in particular article 7(p) and the residence rules

The treaty’s words quoted (3)
  • Article 292(3): “Persons referred to in point (a) of Article 291(1) who are employed frontier workers shall enjoy the same right to equal treatment as employed persons referred to in point (b) of Article 291(1) in Gibraltar.”
  • Article 292(4): “Persons referred to in point (b) of Article 291(1) who are employed frontier workers shall enjoy the same right to equal treatment as employed Spanish nationals in Kingdom of Spain in respect of the matters referred to in paragraph 3 of this Article.”
  • Article 292(3)(c): “social and tax advantages, except rights of access to housing;”

Link to this entry

70SpainSocial security and frontier workers

Spanish bill on combining a retirement pension with work: Proyecto de Ley 121/000045

Applies after a step This Spanish bill lapsed on 6 October 2026, so the bill itself can matter only if it is brought back and adopted. It could then concern people the treaty's social security rules cover, such as UK nationals legally living in Gibraltar who are or were subject to Spain's legislation after working in Spain as frontier workers, because those rules give them the same old-age benefits and duties under Spanish law as Spanish nationals, unless the rules say otherwise. The bill's text is that of a Spanish decree-law of December 2024, which the Congreso validated in January 2025; the texts read do not settle whether that decree-law's rules already apply.

Status: Lapsed on 6 October 2026, the day the decree of 5 October dissolving Spain's Cortes Generales was published. If it is brought back, it will be read again and judged against Gibraltar's routes.

Not shown to reach Gibraltar's routes: It would change the Spanish rules on drawing a retirement pension while working, including active and partial retirement. It lapsed on 6 October 2026, so as things stand the bill itself changes nothing on Gibraltar's routes. If it were brought back and adopted, it could concern people the treaty's social security rules cover, among them UK nationals legally living in Gibraltar who are or were subject to Spain's legislation after working in Spain as frontier workers. The texts read do not settle whether the same rules already apply through the Spanish decree-law the bill comes from. The text does not mention Gibraltar.

Stage: see details

Latest step: 6 October 2026 No date ahead given

Official text

Title: Proyecto de Ley para la mejora de la compatibilidad de la pensión de jubilación con el trabajo (procedente del Real Decreto-ley 11/2024, de 23 de diciembre).

Who: Congreso de los Diputados

Stage and date: In the Congreso de los Diputados: Proyecto de Ley 121/000045, bulletin of 7 February 2025 (BOCG Serie A, núm. 45-1): referred to the Comisión de Trabajo, Economía Social, Inclusión, Seguridad Social y Migraciones, amendments to 17 February 2025, urgent procedure. The Cortes Generales were dissolved by on 5 October 2026 (published in the BOE on 6 October). The Congreso's own page gives the bill's situation as 'Concluido - (Caducado)' from 6 October 2026; under Article 207 of the Reglamento del Congreso de los Diputados all matters pending before the Congreso lapse on its dissolution, except those that its Diputación Permanente must deal with under the Constitution.

What the text says: Government bill (from Real Decreto-ley 11/2024 of 23 December) to improve the compatibility of the retirement pension with work.

Touches: Article 298 and the Protocol on Social Security Coordination (Article )

Text read: Congreso bulletin (BOCG) PDF, text extracted (source), 82,513 characters, fetched 9 October 2026 00:51, checksum 28314e5114cd.

Why it could matter to Gibraltar

The bill changes the Spanish rules on drawing a retirement pension while working. The treaty's social security rules cover old-age benefits and give the people they cover, who include certain frontier workers and their families on both sides, the same benefits and duties under Spanish law as Spanish nationals, unless those rules say otherwise.

Now, or after which condition: The treaty requires the UK, for Gibraltar, and Spain to apply their social security systems in line with the treaty's social security rules. Those rules cover three groups: EU citizens legally living in Spain who are or were subject to the UK's legislation for Gibraltar after working in Gibraltar as frontier workers, with their family members and survivors living in Spain; UK nationals legally living in Gibraltar who are or were subject to Spain's legislation after working in Spain as frontier workers, with their family members and survivors living in Gibraltar; and certain employees whose employer, working normally in Spain or in Gibraltar, posts them for a limited time to the other side to supply services produced and used locally in the frontier zone, and who return at least once a week. The rules cover old-age benefits, and unless they say otherwise the people they cover have the same benefits and duties under each side's law as its nationals. Where a national rule against overlapping reduces an old-age benefit because of other income, the paying side may count income earned on the other side only where its own law counts income earned outside its territory, and the benefit may be reduced only by the amount of that income; the texts read do not settle whether the rules in this bill are rules of that kind. Stage: the bill lapsed on 6 October 2026. Its text is that of a Spanish decree-law of 23 December 2024, which the Congreso validated on 22 January 2025 and agreed to handle as a bill. The decree-law's text says it comes into force the day after its publication in Spain's official gazette, with most of these changes from 1 April 2025; the texts read do not show that publication, so they do not settle whether those rules apply now.

Why: This Spanish bill would change when a Spanish retirement pension can be drawn alongside work. For example, people who had the minimum contribution record when they reached the ordinary retirement age, and who start the pension at least a year after that, could combine it with any work and receive part of the pension: a share that grows with the length of the delay and with each 12 months in a row of working while drawing it, up to the full pension. It also changes partial retirement. The treaty's social security rules give the people they cover the same old-age benefits and duties under Spanish law as Spanish nationals, unless those rules say otherwise, so the change could concern them. The bill lapsed on 6 October 2026, so the bill itself can matter only if it is brought back and adopted. Its text is that of a Spanish decree-law that the Congreso validated in January 2025; the texts read do not settle whether that decree-law's rules already apply.

Who it could affect: Select a group to read why.

Read the texts on this

How it reaches Gibraltar: This lapsed bill can matter only if it is brought back and adopted. Article 298 requires the UK, for Gibraltar, and Spain to apply their social security systems in accordance with the Protocol on Social Security Coordination, which covers old-age benefits (Article SSC.4(1)(d)) and the persons in Article SSC.3; unless the Protocol provides otherwise, those persons have the same benefits and obligations under Spanish legislation as Spanish nationals (Article SSC.5). So a change to the Spanish rules on combining a retirement pension with work could then concern them. The bill's text is that of Real Decreto-ley 11/2024, which the Congreso validated on 22 January 2025; the texts read do not settle whether the decree-law's rules already apply.

Why it could matter to Gibraltar: Articles and Annexes cited are of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (that treaty). Article 298 has the UK, for Gibraltar, and Spain apply their social security systems 'in accordance with' the Protocol on Social Security Coordination. Article SSC.3 (read in full) covers three groups: (1) EU citizens legally residing in Spain who are or were subject to the legislation of the UK, for Gibraltar, following an activity as a frontier worker in Gibraltar, with their family members and survivors residing in Spain; (2) UK nationals legally residing in Gibraltar who are or were subject to the legislation of Spain following an activity as a frontier worker in Spain, with their family members and survivors residing in Gibraltar; (3) the posted employees it describes. The Protocol applies to 'old-age benefits' (Article SSC.4(1)(d)), and its persons have 'the same benefits' and 'the same obligations' under each side's legislation as its nationals, unless it provides otherwise (Article SSC.5). The bill changes Spanish rules on combining a retirement pension with work, so it could concern those persons. Article SSC.46(3) governs national rules against overlapping of an old-age benefit 'with other income'; the texts read do not settle whether the bill's rules are such rules. The bill does not mention Gibraltar.

Now, or after which condition: Stage: the bill lapsed on 6 October 2026, on the dissolution of the Cortes Generales by Real Decreto 806/2026 of 5 October, which came into force on its publication in the BOE on 6 October 2026. It can matter only if it is brought back and adopted. Its text is Real Decreto-ley 11/2024, which the Congreso 'acordó su convalidación, así como su tramitación como Proyecto de Ley' on 22 January 2025; the decree-law's final provision says 'Este real decreto-ley entrará en vigor el día siguiente al de su publicación en el «Boletín Oficial del Estado»', with most of Article 1 and Articles 2 and 3 in force from 1 April 2025. The texts read do not include that publication, so they do not settle whether those rules apply now; the lapse ended the bill, and the texts read do not say what it does to the decree-law. Under the treaty, Article SSC.46(3)(a) lets the competent institution take into account income acquired in Gibraltar, where Spain is competent, 'only where the legislation it applies provides for benefits or income acquired outside of its territory to be taken into account', and under Article SSC.46(3)(d) the benefit 'may be reduced solely by the amount of such benefits or such income'; whether the Spanish rules on combining a pension with work are rules against overlapping is not settled.

Why: This Spanish bill is the Congreso's handling, as a bill, of Real Decreto-ley 11/2024 of 23 December 2024, which the Congreso validated on 22 January 2025. Its text changes when a Spanish retirement pension can be drawn alongside work. For example, under the new Article 214 of the texto refundido de la Ley General de la Seguridad Social (active retirement), where a person had completed the minimum contribution period on reaching the ordinary retirement age and at least a year has passed between that date and the start of the pension, the contributory retirement pension would be compatible with any employed or self-employed work, and would be paid at between 45% and 100% of the pension depending on the years of delay, rising by 5 points for each 12 months without a break in active retirement, up to 100%. It also changes partial retirement (Article 215) and the rules of the State's passive classes scheme. Under Article 298 of the treaty and Articles SSC.3 to SSC.5 of the Protocol on Social Security Coordination, the persons the Protocol covers have the same benefits and obligations under Spanish legislation on old-age benefits as Spanish nationals, unless the Protocol provides otherwise, so the change could concern them. Article SSC.46(3) sets limits where national rules against overlapping reduce an old-age benefit because of other income, including income acquired in Gibraltar; the texts read do not settle whether these rules are rules of that kind. The bill lapsed on 6 October 2026, so the bill itself can matter only if it is brought back and adopted. The decree-law's text says it enters into force the day after its publication in the BOE, with most of these changes from 1 April 2025; the texts read do not settle whether its rules already apply.

Residents: Article SSC.3(2) of the Protocol on Social Security Coordination covers UK nationals legally residing in Gibraltar who are or were subject to the legislation of Spain following an activity as a frontier worker in Spain, and their family members and survivors residing in Gibraltar. The Protocol covers old-age benefits (Article SSC.4(1)(d)), and under Article SSC.5, unless the Protocol provides otherwise, they have the same benefits and obligations under Spanish legislation as Spanish nationals. If this lapsed bill were brought back and adopted, it could change when those who draw a Spanish retirement pension may combine it with work. The texts read do not settle whether these rules would apply to work done in Gibraltar, whether the limits in Article SSC.46(3) on reducing a pension because of other income would apply to them, or whether the same rules already apply through Real Decreto-ley 11/2024.

Frontier workers: Article SSC.3(1) of the Protocol on Social Security Coordination covers EU citizens legally residing in Spain who are or were subject to the legislation of the UK, for Gibraltar, following an activity as a frontier worker in Gibraltar, and their family members and survivors residing in Spain. If this lapsed bill were brought back and adopted, its rules on combining a Spanish retirement pension with work could apply to those who draw such a pension. Where Spanish rules against overlapping reduce an old-age benefit because of other income, Article SSC.46(3)(a) and (d) let the Spanish institution take into account income acquired in Gibraltar only where the legislation it applies provides for income acquired outside its territory to be taken into account, and the benefit may then be reduced only by the amount of that income; the texts read do not settle whether these rules are rules of that kind, or whether the same rules already apply through Real Decreto-ley 11/2024.

Not shown to reach Gibraltar's routes: The bill (the Congreso's procedure on Real Decreto-ley 11/2024) changes the Spanish rules on combining a retirement pension with work: active retirement (Article 214 of the texto refundido de la Ley General de la Seguridad Social), partial retirement (Article 215), work while drawing a pension (Article 213(1)) and the State's passive classes scheme (Article 33 of the texto refundido de la Ley de Clases Pasivas del Estado). It lapsed on 6 October 2026, so as things stand the bill itself changes nothing on any of Gibraltar's routes. If it were brought back and adopted, it could concern the persons covered by the Protocol on Social Security Coordination (Article 298; Article SSC.3), among them UK nationals legally residing in Gibraltar who are or were subject to Spanish legislation following an activity as a frontier worker in Spain (Article SSC.3(2)). The texts read do not settle whether the decree-law's own rules already apply. The text does not mention Gibraltar.

Status: Lapsed on 6 October 2026, when the Cortes Generales were dissolved (Real Decreto 806/2026). If it is brought back, it will be read again and judged against Gibraltar's routes.

Row of the watch list: S-SS Spanish social security and pensions law

The treaty’s words quoted (2)
  • Protocol on Social Security Coordination, Article SSC.3(1): “Union citizens legally residing in the Kingdom of Spain who are or were subject to the legislation of the United Kingdom, in respect of Gibraltar, following the pursuance of an activity as a frontier worker in Gibraltar, as well as their family members and survivors residing in the Kingdom of Spain;”
  • Article 298: “In order to secure the social security rights of the persons covered by the Protocol on Social Security Coordination, the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall apply their social security systems in accordance with that Protocol.”

Link to this entry

Summary: what is coming, roughly when, and what it could mean for Gibraltar

Every point names the entries (numbers link to them); the treaty provisions they tie to are cited behind the click. Every “Why” line says what could be affected; none says an item will change Gibraltar’s law.

Read the texts on this

Every point cites the entries (numbers link to them) and the provisions of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (in this summary “that Agreement” after a full naming means the same document). Every “Why” line says what could be affected; none says an item will change Gibraltar’s law.

About this list

Sources: EUR-Lex and the Publications Office open data (© European Union, reused under Commission Decision 2011/833/EU), the European Parliament Legislative Observatory, BOE (www.boe.es) and Congreso de los Diputados (www.congreso.es), Gibraltar Laws, and the Gibraltar Parliament (www.parliament.gi). Contains Parliamentary information licensed under the Open Parliament Licence v3.0 where UK Parliament items are named.

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