What Members of Parliament and officials have said about what texts say or do, each statement set beside the text and graded. The words are the speaker's; the grade is about the text.The treatyThe 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. It was signed in Brussels on 14 July 2026.
6 October 2026
Hansard, Parliament records and press releases last checked for new statements: 8 October 2026.
The English texts on this page 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 press releases where a statement is quoted. Press reports are quoted only as reports of what was said, and each is named. Where a text exists only in Spanish (BOE), we quote it in Spanish and say so, and any translation beside it is ours.
This section sets statements made about the treaty beside the treaty texts. The statements were made in the Gibraltar Parliament, in the House of Commons, to a committee of the House of Lords, and in press releases, speeches and press reports. Each entry shows who spoke, when and where; the exact words; the text the words are checked against, quoted and cited; a grade; and the reasons for the grade. It is here so that a reader can see the words, the text and the reasons together and decide for themselves. It does not argue for or against the treaty, and a grade says nothing about the speaker. A speaker's office is given as the record gives it on the date of the statement; a Minister's title can change between sittings.
One rule is applied to everyone, in the Government and in the Opposition, in Gibraltar, in the UK and in Spain. A statement is included when all of these hold:
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.
These are not included: opinions and political judgements; forecasts of political results; accounts of the negotiation or of what someone intended; the thanks, procedure and rhetoric of a debate; a Member reading out a clause of the Bill or the Act, which says no more than the clause; and questions, unless the question itself states something about what the text says (then it counts as the words of the person who asked it). The same point made again by the same speaker in the same sitting is one entry. No one was picked or left out by hand: every speech in the sittings read that mentioned the treaty or its subjects was tested against this rule, and the number read and not graded, with the reason, is shown at the end of this section. Statements made in interviews and broadcasts are not included yet.
The same test was applied to every side. The table shows, for each side, how many statements were graded and how many were read and not graded, counted from the reading logs, which list every candidate with its sitting, page, speaker and reason. The logs list 746 candidates; the table also counts the 20 statements that were first graded and then taken out of the graded set, because they are not about what a provision says or because a Member was reading out a clause.
| Side | Graded | Read and not graded | Graded, as a share of the statements read |
|---|---|---|---|
| Government of Gibraltar | 301 | 417 | 42% |
| Opposition (Gibraltar) | 108 | 231 | 32% |
| UK Government | 27 | 44 | 38% |
| UK Opposition | 6 | 16 | 27% |
| Spanish Government | 1 | 0 | 100% |
| Other official body | 15 | 12 | 56% |
| Not attributed to one side (several speakers, written answers by number, presiding officers) | 0 | 46 | - |
| All | 458 | 766 | 37% |
Members of the Opposition asked many more questions than Ministers did, and a question is graded only when it states a fact about the text itself, so 'a question that states no fact' is a larger part of what was read and not graded on that side.
The Gibraltar Parliament's record (Hansard) is the first source. Where a statement was made in a parliament, the entry quotes that record, with the page, and gives a press report of the same words only as a second reference. Where only a press report or press release exists, the entry says: 'Not on the parliamentary record so far.'
The same five grades are used for every statement.
Under review. 79 statements show “Under review” in place of a grade. A second reading disagreed with the first grade. The grade is shown again, or changed, when the review ends.
| Grade | What it means |
|---|---|
| Verified | The text bears the statement out. The entry says which provisions match and that no condition, exception or limit in those provisions is left out. |
| Incomplete | True as far as it goes, but it leaves out something the text attaches to it. The entry says exactly what is left out, and where the text says it. |
| Shaded | The words are accurate, but they are put in a way that reads wider or narrower than the text. The entry shows the words and what the text says. |
| Contradicted | The text says something different. The entry shows the text. |
| Untested | No document held here settles the statement. The entry says which document or fact would, and the question is listed in Questions about the treaty, Part 2. |
How omissions and incomplete statements are handled. A short statement is not wrong because it is short. But where the text attaches a condition, an exception or a limit to what the statement describes, and the statement does not mention it, the statement is graded Incomplete, and the entry names the missing condition, exception or limit and the provision that sets it. A statement is graded Verified only when its entry says why it is complete: which provisions match, and that nothing those provisions attach is left out. A reader can check each of these against the quoted text. Where one statement has two parts that would grade differently, the entry grades the part the text answers and names the part that is not graded.
What is graded. Only statements about what the treaty texts say or do are graded. Opinions and political judgements are not graded, and a grade is not a view on whether the treaty is good or bad. Where the printed record splits a word across a line, the word is joined; nothing else in a quotation is changed.
Statements made before the text was signed. A statement is graded against the signed text. Where the statement was made before the signed text existed, and the treaty provision it concerns read differently in the draft laid on 26 February 2026, the grade stays and the grade line says so. Where the statement was accurate about the draft that was before the House on that date, the grade line says: 'Accurate about the draft then before the House; the signed text differs.' Where the draft carried the same provision as the signed text, the statement was not right at the time either, and where it was made before the draft was published, the grade line says: 'Said before the draft was published.' Where the provision it concerns (an administrative arrangement, a Legal Notice or the Concordat) was not published on the date of the statement, the grade line says so.
Rules applied across entries. The same words get the same grade, whoever said them, under these four rules. - Sovereignty. The treaty protects the legal positions of the UK and Spain on sovereignty and jurisdiction; it does not say which of them holds sovereignty. A statement that reads the treaty's sovereignty provision as it is written is Verified. A statement in general words ('nothing affects sovereignty') is Incomplete. A statement that names a holder ('British sovereignty') is Shaded. - Spanish officers, weapons and uniform. The border-checks arrangement says officers in the Schengen booths may be in uniform and other Spanish officials at the airport will be in civilian clothes but suitably identified; it has no provision on weapons. The surveillance and pursuit arrangement lets officers on surveillance carry service weapons, unless the side that received the request decides otherwise, and officers on pursuit carry them, with use only in legitimate self-defence. A statement limited to officers at the airport facility is graded for what it leaves out. A statement that no armed Spanish officers are permitted, or that weapons depend on a decision of the Gibraltar Commissioner of Police, is Contradicted. - Residents. When the treaty speaks of persons resident in Gibraltar, it leaves out citizens and nationals of Iceland, Liechtenstein, Norway and Switzerland, and nationals of Andorra and San Marino once agreements giving them free movement rights enter into force. A statement that says residents without those exclusions is Incomplete. - Article numbers. A wrong article or paragraph number is noted in the entry. It changes the grade only where the provision cited deals with a different subject. A number that belongs to the draft's numbering is noted and does not change the grade.The EUThe European Union (EU). The treaty also names the European Atomic Energy Community (Euratom), a separate body run alongside it.
Rules applied across entries. The same words get the same grade, whoever said them, under these four rules. - Sovereignty. Article 2 protects the legal positions of the UK and Spain on sovereignty and jurisdiction; it does not say which of them holds sovereignty. A statement that reads Article 2 as it is written is Verified. A statement in general words ('nothing affects sovereignty') is Incomplete. A statement that names a holder ('British sovereignty') is Shaded. - Spanish officers, weapons and uniform. Arrangement says officers in the Schengen booths may be in uniform (paragraph 2.1.4(a)) and other Spanish officials at the airport will be in civilian clothes but suitably identified (2.1.4(b)); it has no provision on weapons. Arrangement lets officers on surveillance carry service weapons, save where the requested Participant (our reading: the side into whose territory the surveillance continues) decides otherwise, and officers on pursuit carry them, with use only in legitimate self-defence (paragraphs 3.4(c) and 6.4(d)). A statement limited to officers at the airport facility is graded for what it leaves out. A statement that no armed Spanish officers are permitted, or that weapons depend on a decision of the Gibraltar Commissioner of Police, is Contradicted. - Residents. The treaty's term "persons resident in Gibraltar" excludes EU citizens and nationals of Iceland, Liechtenstein, Norway and Switzerland, and nationals of Andorra and San Marino once agreements giving them free movement rights enter into force (Article 26(j)). A statement that says "residents" without those exclusions is Incomplete. - Article numbers. A wrong article or paragraph number is noted in the entry. It changes the grade only where the provision cited deals with a different subject. A number that belongs to the draft's numbering is noted and does not change the grade.
| Side | Verified | Incomplete | Shaded | Contradicted | Untested | Total |
|---|---|---|---|---|---|---|
| Government of Gibraltar | 41 | 148 | 68 | 13 | 31 | 301 |
| Opposition (Gibraltar) | 27 | 53 | 15 | 6 | 7 | 108 |
| UK Government | 2 | 14 | 8 | 1 | 2 | 27 |
| UK Opposition | 2 | 2 | 1 | 0 | 1 | 6 |
| Spanish Government | 0 | 1 | 0 | 0 | 0 | 1 |
| Other official body | 3 | 12 | 0 | 0 | 0 | 15 |
| All | 75 | 230 | 92 | 20 | 41 | 458 |
The entries follow, by side, then by where the statement was made, then by date. Counts are of entries, not of speakers or speeches.
458 of 458 statements shown
No statement matches. Try fewer words, or clear a filter.
In the Gibraltar Parliament (Hansard)
Where: Gibraltar Parliament, Hansard, Friday 15 January 2021, afternoon session, page 18 (statement on the New Year's Eve framework; the statement began at page 15)
The words: "the framework provides that the treaty to be negotiated will deal with maximised and unrestricted mobility of persons between Gibraltar and the Schengen Area."
Checked against: "The EU/UK(GIB) Agreement will contain provisions to permit the application in Gibraltar of the relevant parts of the Schengen acquisAcquisThe whole body of European Union (EU) law (treaties, regulations, directives, court judgments) as it stands at any moment. necessary to achieve the elimination of control on the movement of persons between Gibraltar and the Schengen area, removing all physical barriers. There will be Schengen crossing points at the port and airport and entry and exit through them will only be permitted on completion of both Gibraltar and Schengen checks." - 2020 framework, paragraph 5
Grade: Incomplete. The framework of 31 December 2020 says the future UK-EU agreement it envisages will contain provisions to permit the "elimination of control on the movement of persons between Gibraltar and the Schengen area, removing all physical barriers". The framework attaches a condition in the same paragraph: there will be Schengen crossing points at the port and airport, and entry and exit through them will be permitted "only... on completion of both Gibraltar and Schengen checks". The words "maximised and unrestricted" are not in the framework. The statement leaves out the two checks at the crossing points. The Chief Minister set out the two checks later in the same statement, so this entry grades the sentence on its own.
Grade: Incomplete. Paragraph 5 of the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU says the future UK-EU agreement it envisages will contain provisions to permit the "elimination of control on the movement of persons between Gibraltar and the Schengen area, removing all physical barriers". The framework attaches a condition in the same paragraph: there will be Schengen crossing points at the port and airport, and entry and exit through them will be permitted "only... on completion of both Gibraltar and Schengen checks". The words "maximised and unrestricted" are not in the framework. The statement leaves out the two checks at the crossing points. The Chief Minister set out the two checks later in the same statement, so this entry grades the sentence on its own.
Where: Gibraltar Parliament, Hansard, Friday 15 January 2021, afternoon session, page 18 (statement on the New Year's Eve framework)
The words: "Spain, as the neighbouring Schengen member state, will be responsible, as regards the European Union, for the implementation of Schengen."
Checked against: "Spain as the neighbouring Schengen Member State will be responsible as regards the European Union for the implementation of the relevant parts of the Schengen acquis including the Schengen Borders Code and the protection of the Schengen external border." - 2020 framework, paragraph 6
Grade: Incomplete. The framework of 31 December 2020 proposed for a future UK-EU legal instrument on Gibraltar's future relationship with the EU makes Spain, as the neighbouring EU Schengen country, responsible as regards the EU for putting the relevant parts of the into effect, including the Schengen Borders Code and protection of the Schengen external border. The statement says "the implementation of Schengen". It leaves out the limit to the relevant parts of the Schengen rules. The framework says these are the parts needed to remove control on the movement of people.Schengen rulesThe common rules of the Schengen area on crossing borders and on police and visa cooperation, including the shared alert database. The treaty calls them the “Schengen acquis”.
Grade: Incomplete. Paragraph 6 of the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU (and paragraph 5) makes Spain, as the neighbouring EU Schengen country, responsible as regards the EU for "the implementation of the relevant parts of the Schengen acquis", including the Schengen Borders Code and protection of the Schengen external border. The statement says "the implementation of Schengen". It leaves out the limit "the relevant parts of" the Schengen rules. Paragraph 5 says the parts needed to remove control on the movement of persons.
Where: Gibraltar Parliament, Hansard, Friday 15 January 2021, afternoon session, page 18 (statement on the New Year's Eve framework)
The words: "This will be managed by the introduction of a Frontex operation for the control of entry and exit points from the Schengen Area at the Gibraltar entry points. It is envisaged that these arrangements will be provided for a period of initially four years."
Checked against: "During that period Spain, in agreement with the Gibraltar authorities shall request operational assistance from the European Border and Coast Guard Agency for some tasks related to Schengen checks and external border protection" - 2020 framework, paragraph 10; "A joint operation with the European Border and Coast Guard Agency may thus be established for a period of 4 years. In the event that, after consultations on the results of the arrangements of the implementation period, either of the parts, namely Spain on the first part, and the UK and the Gibraltar authorities, on the second part, are not satisfied with the results at the end of the implementation period, the agreement will be terminated at the end of that period." - 2020 framework, paragraph 10
Grade: Shaded. The proposed framework of 31 December 2020 for Gibraltar's future relationship with the EU says the future UK-EU agreement it envisages may set a reasonable implementation period. During it, Spain, in agreement with the Gibraltar authorities, must ask Frontex (the EU border and coast guard agency) for operational help with some tasks related to Schengen checks and protecting the external border. A joint operation may be set up for a period of 4 years. The statement describes a Frontex operation "for the control of entry and exit points". The text gives Frontex a part in some tasks, with Spain responsible for Schengen checks. The statement also says "initially four years". The text says 4 years and then, if either side is not satisfied after consultations, that the agreement will be ended. It does not mention any extension. The words are close to the text but read wider on what Frontex does and narrower on what happens at the end of the period.
Grade: Shaded. Paragraph 10 of the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU says the future UK-EU agreement it envisages "may establish a reasonable implementation period". During it, Spain, in agreement with the Gibraltar authorities, "shall request operational assistance" from the European Border and Coast Guard Agency (Frontex (the EU border and coast guard agency)) "for some tasks related to Schengen checks and external border protection". A joint operation "may thus be established for a period of 4 years". The statement describes a Frontex operation "for the control of entry and exit points". The text gives Frontex a part in "some tasks", with Spain responsible for Schengen checks (paragraphs 5 and 6). The statement also says "initially four years". The text says 4 years and then, if either side is not satisfied after consultations, that "the agreement will be terminated". It does not mention any extension. The words are close to the text but read wider on what Frontex does and narrower on what happens at the end of the period.
Where: Gibraltar Parliament, Hansard, Friday 15 January 2021, afternoon session, page 18 (statement on the New Year's Eve framework)
The words: "It will also seek to address maximised and unrestricted mobility of goods between Gibraltar and the European Union, which could be something that forms part of the final treaty. This part of the framework is referred to as something that could happen if there is a treaty."
Checked against: "The EU/UK (GIB) Agreement could foresee a bespoke solution, based on an adaptation of a customs unionCustoms territory / customs unionThe area within which goods move without customs checks or duties because the members apply one external tariff. Goods from outside clear customs on entry, once, for the whole area. between the EU and Gibraltar with some features destined to remove the physical barriers between Gibraltar and the EU, suppressing the customs checkpoint at La Línea and making unnecessary the control of people for the purposes of customs checks." - 2020 framework, paragraph 11
Grade: Under review. The goods paragraph of the proposed framework of 31 December 2020 for a future UK-EU legal instrument on Gibraltar's future relationship with the EU says the future UK-EU agreement could provide for a tailor-made solution to remove physical barriers between Gibraltar and the EU and do away with the customs checkpoint at La Línea. The statement claims no more than that the goods part 'could' form part of the final treaty and 'could happen if there is a treaty'. That matches the word could in the framework. The statement does not describe what the solution would involve, so it leaves out no condition that it claims to cover. All 25 paragraphs and the three annexes of the framework were read. The details of what a solution would require (set out in the next four paragraphs of the framework) are not described in this sentence.
Grade: Under review. Paragraph 11 of the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU is the goods paragraph. It says the future UK-EU agreement "could foresee a bespoke solution" to remove physical barriers between Gibraltar and the EU and suppress the customs checkpoint at La Línea. The statement claims no more than that the goods part "could" form part of the final treaty and "could happen if there is a treaty". That matches the word "could" in paragraph 11. The statement does not describe what the solution would involve, so it leaves out no condition that it claims to cover. All 25 paragraphs and the three annexes of the framework were read. The details of what a solution would require (paragraphs 12 to 15) are not described in this sentence.
Where: Gibraltar Parliament, Hansard, Friday 15 January 2021, afternoon session, page 18 (statement on the New Year's Eve framework)
The words: "We will also seek to reach agreement on matters related to the environment, the level playing fieldLevel playing fieldThe treaty’s term for the rules that stop one side gaining a trading advantage by lowering standards or subsidising: state aid, tax, labour, environment., social security co-ordination, citizens’ rights, data and matters related to continued... document recognition and other ancillary matters."
Checked against: "will include chapters on the level playing field in areas where distortions may occur, including particularly in terms of environment, state aidState aidPublic money or advantage given to a business. It must now be notified before it is paid, and can be challenged. and social issues" - 2020 framework, paragraph 18; "will include a chapter on social security coordination" - 2020 framework, paragraph 20; "will include a chapter on citizen's rights, including frontier workersFrontier workersPeople who live in Spain and work in Gibraltar." - 2020 framework, paragraph 21; "will make provision for the General Data Protection Regulation and the Law Enforcement Directive to continue to apply to Gibraltar" - 2020 framework, paragraph 22; "This could include the conditions for the use of documents necessary for certain dispositions of the EU/UK(GIB) Agreement." - 2020 framework, paragraph 24
Grade: Incomplete. Each topic in the list is in the framework of 31 December 2020 proposed for a future UK-EU legal instrument on Gibraltar's future relationship with the EU: the level playing field, including environment, social security coordination, citizens' rights, data and the use of documents. The statement leaves out limits the text attaches. The framework covers social security coordination only for workers who live in Spain and work in Gibraltar, and those who live in Gibraltar and work in Spain. Under the framework, the EU's General Data Protection Regulation and Law Enforcement Directive continue to apply to Gibraltar on a dynamic alignment basis, that is, Gibraltar keeps in step with them as they change. Under the framework, Gibraltar must not adopt or keep any measure that weakens or reduces the level of environmental protection given by EU standards. The framework says the use of documents could be included, so it is a possibility and not a settled item.
Grade: Incomplete. Each topic in the list is in the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU: the level playing field, including environment (paragraphs 18 and 19), social security coordination (20), citizens' rights (21), data (22) and the use of documents (24). The statement leaves out limits the text attaches. Paragraph 20 covers social security coordination only for workers resident in Spain and employed in Gibraltar, and those resident in Gibraltar and employed in Spain. Under paragraph 22 the General Data Protection Regulation and the Law Enforcement Directive continue to apply to Gibraltar 'on a dynamic alignment basis'. Under paragraph 19 Gibraltar 'shall not adopt or maintain any measure that weakens or reduces the level of environmental protection provided by EU standards'. Paragraph 24 says the use of documents 'could' be included, so it is a possibility and not a settled item. The provisions read are paragraphs 18 to 22 and 24 of the 2020 framework.
Where: Gibraltar Parliament, Hansard, Friday 15 January 2021, afternoon session, page 27 (reply to Hon. K Azopardi)
The words: "There will not be joint patrols of Gibraltar waters envisaged."
Checked against: "Spanish and Gibraltar authorities will perform joint external border surveillance through seamless police and judicial cooperation." - 2020 framework, Annex 1, paragraph 3
Grade: Shaded. The framework of 31 December 2020, proposed for a future UK-EU legal instrument on Gibraltar's future relationship with the EU, says in an annex that Spanish and Gibraltar authorities will carry out joint external border surveillance through seamless police and judicial cooperation. It does not use the word 'patrols' and does not say 'waters'. It also says that police and judicial cooperation arrangements are to be agreed. The statement is flat ('There will not be'). The text of the framework does not say what joint surveillance would involve, and it does not rule patrols out. The statement reads narrower than the text.
Grade: Shaded. Annex 1, paragraph 3 of the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU says Spanish and Gibraltar authorities "will perform joint external border surveillance through seamless police and judicial cooperation". It does not use the word "patrols" and does not say "waters". It also says that police and judicial cooperation arrangements "shall be agreed". The statement is flat ("There will not be"). The text of the framework does not say what joint surveillance would involve, and it does not rule patrols out. The statement reads narrower than the text.
Where: Gibraltar Parliament, Hansard, Friday 15 January 2021, afternoon session, page 19 (statement on the New Year's Eve framework); the same point is repeated at pages 43 and 50 ("There is no question of us entering the Customs Union")
The words: "We are not going to join it, but we are considering a bespoke arrangement with it which permits potential suppression of customs controls."
Checked against: "The EU/UK (GIB) Agreement could foresee a bespoke solution, based on an adaptation of a customs union between the EU and Gibraltar with some features destined to remove the physical barriers between Gibraltar and the EU, suppressing the customs checkpoint at La Línea and making unnecessary the control of people for the purposes of customs checks." - 2020 framework, paragraph 11; "Safeguards for cases of circumvention or of no proper application of the relevant EU customs legislation, and consequences (e.g. reintroduction of customs checks)." - 2020 framework, paragraph 13(d)
Grade: Shaded. In the statement, "it" is the Common Customs Union. The proposed framework of 31 December 2020 for Gibraltar's future relationship with the EU describes a bespoke solution, based on an adapted customs union between the EU and Gibraltar, while Gibraltar remains a customs territory separate from the EU. So the text does describe a customs union between the EU and Gibraltar, in adapted form. The framework does not say that Gibraltar will not join the EU customs union. The statement that the arrangement "permits potential suppression of customs controls" matches the framework, but the framework adds safeguards, including bringing customs checks back where the rules are got round or wrongly applied. The words are accurate about the intent of the bespoke model and read narrower than the text on how close it is to a customs union.
Grade: Shaded. In the statement, "it" is the Common Customs Union. The proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU describes "a bespoke solution, based on an adaptation of a customs union between the EU and Gibraltar" while Gibraltar remains "a separate customs territory from the EU" (paragraphs 11 and 12). So the text does describe a customs union between the EU and Gibraltar, in adapted form. The framework does not say that Gibraltar will not join the EU customs union. The statement that the arrangement "permits potential suppression of customs controls" matches paragraph 11, but paragraph 13(d) adds safeguards, including "reintroduction of customs checks" in cases of circumvention or improper application. The words are accurate about the intent of the bespoke model and read narrower than the text on how close it is to a customs union.
Where: Gibraltar Parliament, Hansard, Friday 15 January 2021, afternoon session, page 48 (reply to Hon. R M Clinton); in the same reply at page 49 the Chief Minister says "although paragraph 11 is ‘could’, the others under it are ‘will’"
The words: "paragraph 5, on the mobility of persons, it is ‘will’, and everything... after paragraph 11 is ‘could’."
Checked against: "Removing the physical barriers between Spain and Gibraltar will require reinforced alignment." - 2020 framework, paragraph 14; "will include chapters on the level playing field in areas where distortions may occur, including particularly in terms of environment, state aid and social issues" - 2020 framework, paragraph 18; "could include provisions on a financial mechanism of cohesion between Gibraltar and the Campo de Gibraltar" - 2020 framework, paragraph 23
Grade: Contradicted. Graded against the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar’s future relationship with the EU, the document the speaker was describing. It is not a statement about a position that later changed. The statement says everything after the framework’s eleventh paragraph is ‘could’. The framework does not use ‘could’ throughout. Of the 13 paragraphs after that one, two use ‘would’ (one of them ‘would also envisage’); eight use ‘will’ or ‘shall’, including those on reinforced alignment, on what must be addressed in any case, on a chapter on transport, on chapters on the level playing field and on not weakening or reducing the level of environmental protection; and only three use ‘could’ (the eleventh paragraph itself does too). Later in the same reply the Chief Minister said that the others under it are ‘will’, which is closer to the text. That later remark is not the sentence graded here. The statement is about the wording of the 2020 framework itself, so the grade stays.
Grade: Contradicted. Graded against the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU, the document the speaker was describing. It is not a statement about a position that later changed. The statement says everything after paragraph 11 is "could". The framework does not use "could" throughout. After paragraph 11, paragraph 12 uses "would" and paragraph 13 uses "would also envisage". Paragraphs 14 ("will require reinforced alignment"), 15 ("It will be necessary in any case to address"), 16 ("will include a chapter on transport"), 18 ("will include chapters on the level playing field"), 19 ("Gibraltar shall not adopt or maintain any measureMeasureThe treaty’s word for anything a government does that has legal effect: a law, a regulation, a decision, an administrative practice. that weakens or reduces the level of environmental protection"), 20, 21 and 22 use "will" or "shall". Only paragraphs 17, 23 and 24 use "could" (paragraph 11 itself does too). Later in the same reply the Chief Minister said "the others under it are ‘will’", which is closer to the text. That later remark is not the sentence graded here. The statement is about the wording of the 2020 framework itself, so the grade stays.
Where: Gibraltar Parliament, Hansard, Friday 15 January 2021, afternoon session, page 49 (reply to Hon. R M Clinton, who had cited clause 12)
The words: "although paragraph 11 is ‘could’, the others under it are ‘will’... but that paragraph does not say we will accept the common commercial policy and the common external tariff"
Checked against: "It would also include the measures which Gibraltar (although a separate customs territory from the EU) will have to apply, including: (a) The Common External Tariff, with Gibraltar applying substantially the same duties and trade policy measures as the EU." - 2020 framework, paragraph 12
Grade: Shaded. The Chief Minister is replying about one paragraph (he calls it a clause) of the proposed framework of 31 December 2020 for a future UK-EU legal instrument on Gibraltar's future relationship with the EU. He says it does not say Gibraltar will accept the common commercial policy and the common external tariff, and he points to the word "substantially". That paragraph does use the word: Gibraltar would apply substantially the same duties and trade policy measures as the EU. But the same paragraph names the common external tariff among the measures Gibraltar will have to apply, as part of the bespoke solution that the paragraph before it says the future UK-EU agreement could foresee. So the words are right that the paragraph is conditional and says "substantially". They read narrower than the text, which does name the common external tariff.
Grade: Shaded. The Chief Minister is replying about paragraph 12 ("clause 12") of the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU. He says it does not say Gibraltar will accept the common commercial policy and the common external tariff, and he points to the word "substantially". Paragraph 12 does use "substantially": Gibraltar would apply "substantially the same duties and trade policy measures as the EU". But the paragraph names "The Common External Tariff" among the measures Gibraltar "will have to apply" as part of the bespoke solution that paragraph 11 says the future UK-EU agreement "could foresee". So the words are right that the paragraph is conditional and says "substantially". They read narrower than the text, which does name the Common External Tariff.
Where: Gibraltar Parliament, Hansard, Friday 15 January 2021, afternoon session, page 50 (reply to Hon. R M Clinton)
The words: "is this termination clause in four years a termination clause in respect of the whole agreement? It is, and it is a hell of a termination clause"
Checked against: "A joint operation with the European Border and Coast Guard Agency may thus be established for a period of 4 years. In the event that, after consultations on the results of the arrangements of the implementation period, either of the parts, namely Spain on the first part, and the UK and the Gibraltar authorities, on the second part, are not satisfied with the results at the end of the implementation period, the agreement will be terminated at the end of that period." - 2020 framework, paragraph 10
Grade: Incomplete. The framework of 31 December 2020 says that if, after consultations on the results, either Spain or the UK and the Gibraltar authorities are not satisfied at the end of the implementation period, "the agreement will be terminated at the end of that period". That matches the answer that the clause applies to the whole future UK-EU agreement. The answer leaves out what the text attaches. Termination follows only if either side is not satisfied after consultations. The implementation period is one the future UK-EU agreement "may establish". The joint operation with Frontex (the EU border and coast guard agency) "may" be established for 4 years. The Chief Minister's added words that the whole future UK-EU agreement "may just be a Schengen agreement" are his own view and are not in the framework.
Grade: Incomplete. Paragraph 10 of the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU says that if, after consultations on the results, either Spain or the UK and the Gibraltar authorities are not satisfied at the end of the implementation period, "the agreement will be terminated at the end of that period". That matches the answer that the clause applies to the whole future UK-EU agreement. The answer leaves out what the text attaches. Termination follows only if either side is not satisfied after consultations. The implementation period is one the future UK-EU agreement "may establish". The joint operation with Frontex (the EU border and coast guard agency) "may" be established for 4 years. The Chief Minister's added words that the whole future UK-EU agreement "may just be a Schengen agreement" are his own view and are not in the framework.
Where: Gibraltar Parliament, Hansard, Friday 15 January 2021, afternoon session, page 42 (reply to Hon. Ms M D Hassan Nahon)
The words: "because we are not joining Schengen we are not going to be carrying out the Schengen checks."
Checked against: "The Gibraltar authorities will be responsible for the Gibraltar checks in regard to their own legislation. The UK (Gibraltar) will not implement Schengen checks." - 2020 framework, paragraph 5
Grade: Incomplete. The framework of 31 December 2020 proposed for a future UK-EU legal instrument on Gibraltar's future relationship with the EU says that the UK, for Gibraltar, will not carry out Schengen checks, as the statement does. The statement leaves out what the same passage attaches. There will be Schengen crossing points at the port and airport, and entry and exit through them will be allowed only once both the Gibraltar checks and the Schengen checks are completed. Spain, as the neighbouring Schengen country, will be responsible for putting the relevant parts of the Schengen rules into effect, including Schengen checks, and the Gibraltar authorities will be responsible for the Gibraltar checks under their own law. An annex to the framework adds that checks on people's access to Gibraltar and the Schengen area will be shared in practice between the authorities of Gibraltar and of Spain, as the neighbouring Schengen country, each for its own part, and that the Gibraltar authorities will decide first whether to allow or refuse entry through Gibraltar's entry points. So the framework sets two sets of checks, each carried out by its own authority, one after the other. The signed treaty sets the same order. On entry, border checks are carried out by the competent authorities of the UK, for Gibraltar, and then by the competent authorities of Spain; on exit, by the Spanish authorities and then by those of the UK, for Gibraltar. Each authority works under its own rules: the authorities of the UK, for Gibraltar, carry out border control under Gibraltar's Immigration, Asylum and Refugee Act, and the Spanish authorities carry out their functions as set out in the Schengen Borders Code. The treaty says the competent authorities of the UK, for Gibraltar, have no access to information systems and databases set up under EU law. The Chief Minister's reason, 'we are not joining Schengen', is not graded: the framework does not use the word joining, and it provides for the relevant parts of the Schengen rules to apply in Gibraltar. The statement is graded against what the texts set: two separate sets of checks in sequence, each by its own authority, not a single joint check.The UK, for GibraltarThe treaty's second side is the United Kingdom (UK) acting for Gibraltar. The treaty's own words are “the United Kingdom, in respect of Gibraltar”.
Grade: Incomplete. Paragraph 5 of the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU says 'The UK (Gibraltar) will not implement Schengen checks', as the statement does. The statement leaves out what the same paragraph attaches. There will be 'Schengen crossing points at the port and airport', and entry and exit through them 'will only be permitted on completion of both Gibraltar and Schengen checks'. 'Spain as the neighbouring Schengen Member State will be responsible for the implementation of the relevant parts of the Schengen acquis, including Schengen checks', and 'The Gibraltar authorities will be responsible for the Gibraltar checks in regard to their own legislation'. Annex 1, paragraph 1 adds that 'Checks for access of persons to Gibraltar and the Schengen Area will be shared operationally between the authorities of Gibraltar and Spain, as the neighbouring Schengen Member State, respectively', and that 'The Gibraltar authorities will first decide on the authorization or denial of entry through the entry points of Gibraltar'. So the framework sets two sets of checks, each carried out by its own authority, one after the other. The signed UK-EU Agreement in respect of Gibraltar sets the same order. Under Article 29(5), border checks on entry are carried out by the competent authorities of the UK, for Gibraltar, 'and subsequently by the competent authorities of the Kingdom of Spain', and border checks on exit 'by the competent authorities of the Kingdom of Spain and subsequently by the competent authorities of the United Kingdom, in respect of Gibraltar'. Each authority works under its own rules: the authorities of the UK, for Gibraltar, exercise border control 'in accordance with the Gibraltar Immigration, Asylum and Refugee Act' (Article 32(1)), and the authorities of Spain perform their functions 'as set out in the Schengen Borders Code' (Article 33(1)). Article 31 says the competent authorities of the UK, for Gibraltar, 'shall have no access to information systems and databases established on the basis of Union law'. The Chief Minister's reason, 'we are not joining Schengen', is not graded: the framework does not use the word 'joining', and it provides for 'the application in Gibraltar of the relevant parts of the Schengen acquis'. The statement is graded against what the texts set: two separate sets of checks in sequence, each by its own authority, not a single joint check. The provisions read are paragraph 5 and Annex 1, paragraph 1 of the 2020 framework and Articles 29(5), 31, 32(1) and 33(1) of the treaty.
Where: Gibraltar Parliament, Hansard, Monday 1 July 2024, Appropriation Bill 2024, Second Reading (Budget address), page 182 of the consolidated June-July 2024 text (page 5 of that day's Hansard)
The words: "responsibility for Schengen checks rests with Schengen states and authorities, in the same way as responsibility for Gibraltar checks on immigration rests with Gibraltar."
Checked against: "Spain as the neighbouring Schengen Member State will be responsible for the implementation of the relevant parts of the Schengen acquis, including Schengen checks. The Gibraltar authorities will be responsible for the Gibraltar checks in regard to their own legislation." - 2020 framework, paragraph 5
Grade: Shaded. The texts name one State for Schengen checks, not Schengen states in general: the proposed framework of 31 December 2020 on Gibraltar's future relationship with the EU says Spain, as the neighbouring Schengen , is responsible for Schengen checks, and the treaty gives that role to the competent authorities of Spain. The Gibraltar checks are given to the competent authorities of the UK, for Gibraltar, and the 2020 framework describes them as checks under their own legislation, which is wider than "checks on immigration". The division the statement describes is the one in the text, but "Schengen states and authorities" reads wider than the text, and "checks on immigration" reads narrower than it. The statement was made on 1 July 2024, before any draft of the treaty was published, so it is graded against the 2020 framework, which was the published text then, and against the signed treaty, which is the final text.EU countriesThe countries that belong to the European Union (EU). The treaty calls each of them a “Member State”.
Grade: Shaded. The text names one State for Schengen checks, not Schengen states in general: the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU (paragraph 5) says 'Spain as the neighbouring Schengen Member State' is responsible for Schengen checks, and Article 33(1) of the UK-EU Agreement in respect of Gibraltar gives that role to 'the competent authorities of the Kingdom of Spain'. The Gibraltar checks are given to 'the competent authorities of the United Kingdom, in respect of Gibraltar' (Article 32(1)), and paragraph 5 describes them as checks 'in regard to their own legislation', which is wider than 'checks on immigration'. The division the statement describes is the one in the text, but 'Schengen states and authorities' reads wider than the text, and 'checks on immigration' reads narrower than it. The statement was made on 1 July 2024, before any draft of the treaty was published, so it is graded against paragraph 5 of the 2020 framework, which was the published text then, and against Articles 32(1) and 33(1) of the signed Agreement, which is the final text. The provisions read are paragraphs 5 and 6 of the 2020 framework and Articles 32(1) and 33(1) of the treaty.
Where: Gibraltar Parliament, Hansard, Tuesday 2 July 2024, Appropriation Bill 2024, Second Reading (debate continued), page 263 of the consolidated June-July 2024 text (page 5 of that day's Hansard)
The words: "The limitation of the Frontex presence to four years followed by their departure and replacement by... Spanish officials under the Spanish authority"
Checked against: "A joint operation with the European Border and Coast Guard Agency may thus be established for a period of 4 years. In the event that, after consultations on the results of the arrangements of the implementation period, either of the parts, namely Spain on the first part, and the UK and the Gibraltar authorities, on the second part, are not satisfied with the results at the end of the implementation period, the agreement will be terminated at the end of that period." - 2020 framework, paragraph 10; "Spanish and Gibraltar officials will share office space at a facility at the airport to be created for this purpose." - 2020 framework, Annex 1, paragraph 2
Grade: Shaded. The proposed framework of 31 December 2020 for Gibraltar's future relationship with the EU says a joint operation with Frontex (the EU border and coast guard agency) may be set up for a period of 4 years. It says that if either side is not satisfied at the end of that period after consultations, the agreement will be ended at the end of that period. The framework does not say Frontex is "replaced" by Spanish officials. It makes Spain responsible for Schengen checks and says Frontex helps with some tasks. An annex to the framework refers to Spanish and Gibraltar officials sharing office space at a facility at the airport; it does not mention a "terminal on the isthmus". The statement is accurate on the four-year limit. It reads wider than the text on what happens after the four years and where officials would work.
Grade: Shaded. Paragraph 10 of the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU says a joint operation with Frontex (the EU border and coast guard agency) "may thus be established for a period of 4 years". It says that if either side is not satisfied at the end of that period after consultations, "the agreement will be terminated at the end of that period". The framework does not say Frontex is "replaced" by Spanish officials. It makes Spain responsible for Schengen checks (paragraph 5) and says Frontex assists with "some tasks". Annex 1, paragraph 2 refers to Spanish and Gibraltar officials sharing office space at "a facility at the airport"; it does not mention a "terminal on the isthmus". The statement is accurate on the four-year limit. It reads wider than the text on what happens after the four years and where officials would work.
Where: Gibraltar Parliament, Hansard, Tuesday 2 July 2024, Appropriation Bill 2024, Second Reading (debate continued), page 263 of the consolidated June-July 2024 text (page 5 of that day's Hansard)
The words: "provided that Spain recognise the separate identity of the Gibraltarian people in an international treaty"
Checked against: "registered Gibraltarians means any natural person as defined by section 4 of the Gibraltarian Status Act, generally British citizens that have resided in Gibraltar for over ten years;" - International Agreement on Taxation and the Protection of Financial Interests (UK and Spain, regarding Gibraltar, 2019), Article 2(1)(d)
Grade: Shaded. The 2019 tax agreement between the UK and Spain on Gibraltar, signed on 4 March 2019, refers to registered Gibraltarians in one place: a special tax-residence rule. It defines the term by reference to Gibraltar's Gibraltarian Status Act, as generally British citizens who have lived in Gibraltar for over ten years. The text was searched for the words identity, separate and distinct. Nothing in it speaks of the identity of the Gibraltarian people. Its preamble says the tax agreement does not change either country's legal position on sovereignty and jurisdiction. So the words "separate identity" are not in the text. The tax agreement does use the category of Gibraltarians in an international treaty. Whether that amounts to recognition of a separate identity is a legal and political judgement, which is not graded. The remaining words in the same sentence ("the first treaty with Spain on Gibraltar since 1713") are a historical claim with no held document and are not graded.
Grade: Shaded. The International Agreement on Taxation and the Protection of Financial Interests between the United Kingdom and Spain regarding Gibraltar, signed on 4 March 2019 (the 2019 UK-Spain tax agreement), refers to "registered Gibraltarians" in one place: a special tax-residence rule in Article 2(1)(c)(ii) and (d). It defines the term as persons defined by section 4 of the Gibraltarian Status Act, "generally British citizens that have resided in Gibraltar for over ten years". The text was searched for "identity", "separate" and "distinct". Nothing in it speaks of the identity of the Gibraltarian people. Its preamble says the tax agreement does not change either country's legal position on sovereignty and jurisdiction. So the words "separate identity" are not in the text. The tax agreement does use the category "Gibraltarians" in an international treaty. Whether that amounts to recognition of a separate identity is a legal and political judgement, which is not graded. The remaining words in the same sentence ("the first treaty with Spain on Gibraltar since 1713") are a historical claim with no held document and are not graded.
Where: Gibraltar Parliament, Hansard, Wednesday 14 January 2026, morning session, page 20 (Question on Corporation Tax and PAYE and the data centre project; reply to supplementary question)
The words: "The potential of doing things from Gibraltar into an economy of 480 million now on the verge of being extended with a market of Mercosur that is going to have free trade with the European Union and therefore we will be included in that treaty by definition"
Checked against: "However, all tariff quotas, and tariffs set at a level lower than those contained in the Union's schedule of concessions and commitments on trade in goods, incorporated into the GATT 1994 on the basis of international trade agreements, or by other Union legislation granting unilateral tariff preferences shall not apply, with the exception of those referred to in Appendix 2 to this Annex and under the conditions established in the relevant international agreement." (Agreement, Annex 21, Article 1(2))
Grade: Untested. The signed treaty is the document checked. The statement says Gibraltar will be covered by the trade agreement between the EU and Mercosur because of the new arrangements. The Minister went on to say that this was speculation about the future. The treaty deals with imports into Gibraltar: under two of its annexes, tariff preferences under the EU's trade agreements do not apply to goods imported into Gibraltar, except for the UK-EU Trade and Cooperation Agreement. The treaty does not say whether EU trade agreements with other countries apply to goods made in Gibraltar that are sold abroad. That depends on the territorial scope of the trade agreement itself, which is not held.
Grade: Untested. The signed UK-EU Agreement in respect of Gibraltar is the document checked. The statement says Gibraltar will be covered by the trade agreement between the EU and Mercosur because of the new arrangements. The Minister went on to say that this was speculation about the future. The treaty deals with imports into Gibraltar: under Annex 21, Article 1(2) and Annex 20, paragraph 1(a), tariff preferences under the EU's trade agreements do not apply to goods imported into Gibraltar, except for the Trade and Cooperation Agreement (Appendix 2 to Annex 21). The treaty does not say whether EU trade agreements with other countries apply to goods made in Gibraltar that are sold abroad. That depends on the territorial scope of the trade agreement itself, which is not held.
What would settle it: Will the trade agreement between the EU and Mercosur apply to goods made in Gibraltar once the treaty is in force? (Question 2.67 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Thursday 15 January 2026, afternoon session, pages 16-17 (Questions 943-948, import duty and the transaction taxTransaction taxThe tax that replaced import duty on 15 July 2026: charged when goods arrive, on goods only, never on services.; answer to Question 948 on online sales)
The words: "the Government can confirm that there will be no limits on value with respect to what a business in Gibraltar is able to sell online to a customer in Spain or a customer anywhere in the EU and the same destination... principle rules would apply in respect of sales as would between Member States of the European Union."
Checked against: "Where goods in free circulation or in a customs warehousing, inward processing or temporary admission procedure for tax purposes in Gibraltar are presented to the competent authoritiesCompetent authorityThe public body put in charge of a matter. The treaty calls it the “competent authority”. of the United Kingdom, in respect of Gibraltar, with a view to be moved to the Union, the NCTS shall be used applying the code T2GI." (Agreement, Annex 19, Article 2(1)); "the United Kingdom, in respect of Gibraltar, shall collect the relevant VAT and exciseExciseDuty on tobacco, alcohol and fuel, now tied to European Union (EU) minimums and, over time, to Spain’s rates. duties applicable in the Member State of the designated customs post and shall transfer the taxes levied to the competent authorities of that Member State." (Agreement, Annex 19, Article 2(2)); "No customs duties on imports or exports or charges having equivalent effect shall be applied between the Union and Gibraltar." (Agreement, Article 243)
Grade: Incomplete. This is checked against the signed treaty (the signed text did not exist in January 2026). Part that matches: the treaty's rules on the customs union and two of its annexes were searched for any money limit or value threshold on goods sent from Gibraltar to the EU, and none was found (the money limits in another annex are for goods carried by travellers). The treaty bars customs duties between the EU and Gibraltar. What is left out: goods moving from Gibraltar to the EU that are in free circulation in Gibraltar, or under certain customs procedures for tax purposes in Gibraltar, apart from professional equipment moved by land, must travel under the EU transit system, with a transit code, to a designated customs post in the EU. Where the goods are not shown to have arrived, the UK, for Gibraltar, must collect the VAT and excise duty of the EU country where that post is and pass it to that country, unless it can show conclusively that the goods stayed in Gibraltar, when transaction tax and, where it applies, Gibraltar excise duty are charged instead. Movements between EU countries have no such step. The treaty does not say that online sales by a Gibraltar business are treated as sales between EU countries; no provision specific to online consumer sales was found.
Grade: Incomplete. This is checked against the signed UK-EU Agreement in respect of Gibraltar (the signed text did not exist in January 2026). Part that matches: Articles 240 to 249 and Annexes 19 and 21 were searched for any money limit or value threshold on goods sent from Gibraltar to the EU, and none was found (the money limits in Annex 23 are for goods carried by travellers). Article 243 bars customs duties between the EU and Gibraltar. What is left out: Annex 19, Article 2 requires goods moving from Gibraltar to the EU that are in free circulation in Gibraltar, or in a customs warehousing, inward processing or temporary admission procedure for tax purposes in Gibraltar, apart from professional equipment moved by land, to travel under the EU transit system (code T2GI) to a designated customs post in the EU. Where the goods are not shown to have arrived, the UK, for Gibraltar, must collect the VAT and excise duty of the EU country of that post and transfer it to that EU country, unless it can show conclusively that the goods stayed in Gibraltar, when transaction tax and, where it applies, Gibraltar excise duty are charged instead (Article 2(2)). Movements between EU countries have no such step. The treaty does not say that online sales by a Gibraltar business are treated as sales between EU countries; no provision specific to online consumer sales was found.
Where: Gibraltar Parliament, Hansard, Thursday 15 January 2026, afternoon session, page 19 (Questions 943-948, import duty and the transaction tax; reply to supplementary questions)
The words: "That is to say, 17% or 15% in the first year, 16% in the second year, or depending on what product it is, the reduced rate of 5% or 0%"
Checked against: "the standard rate shall be set at not less than the lowest standard VAT rate applied by a Member State, which at the time of signature of this Agreement is 17 %." (Agreement, Annex 24, Article 2(3)(a)); "By derogation from the foregoing, the United Kingdom, in respect of Gibraltar, may gradually increase its standard rate over a period of three years to reach the lowest standard VAT rate applied by a Member State" (Annex 24, Article 2(3)(a)); "Year 1 Year 2 Year 3 15 % 16 % 17 % (or such rate as may be the lowest applied by any Member State at that time)" (Annex 24, Article 2(3)(a), table); "the reduced rate applicable to goods determined in accordance with paragraph 5 shall be not less than 5 %." (Annex 24, Article 2(3)(b)); "Gibraltar shall apply a super-reduced rate of transaction tax of 0 % to goods falling within the following product categories" (Annex 24, Appendix 1, Article 2)
Grade: Incomplete. The figures match: the standard rate may start at 15% in year 1 and 16% in year 2, as the table in the treaty's annex on transaction tax shows. A reduced rate of 5% and a rate of 0% apply to goods named in the annex's list. What is left out: (1) the 15% and 16% years are a choice (the rate may rise step by step); the text sets the standard rate at not less than the lowest standard rate of any EU country, which is 17% at signature; (2) year 3 is 17% or the lowest rate any EU country applies at that time; (3) the independent consultative body may recommend higher or lower rates for selected goods, and for all goods after three years, as the annex and the treaty itself say; (4) the 5% and 0% rates apply only to the goods on the annex's list (for example foodstuffs at 0%, children's clothing at 5%). These points come from the annex and its list, both read in full.
Grade: Incomplete. The figures match: the standard rate may start at 15% in year 1 and 16% in year 2 (Annex 24, Article 2(3)(a) table). A reduced rate of 5% and a rate of 0% apply to goods named in Appendix 1 to Annex 24. What is left out: (1) the 15% and 16% years are a choice ("may gradually increase"); the text sets the standard rate at not less than the lowest EU country standard rate, which is 17% at signature; (2) year 3 is 17% "or such rate as may be the lowest applied by any Member State at that time"; (3) the independent consultative body may recommend higher or lower rates for selected goods, and for all goods after three years (Article 2(3)(a), and Article 248(5) and (6) of the UK-EU Agreement in respect of Gibraltar); (4) the 5% and 0% rates apply only to the goods listed in Appendix 1 (for example foodstuffs at 0%, children's clothing at 5%). These points come from Article 2 of Annex 24 and Appendix 1, both read in full.
Where: Gibraltar Parliament, Hansard, Thursday 15 January 2026, afternoon session, page 19 (Questions 943-948, import duty and the transaction tax; reply to supplementary questions)
The words: "because remember that we will never be lower than the lowest in the Union, but we do not have to be higher"
Checked against: "the standard rate shall be set at not less than the lowest standard VAT rate applied by a Member State, which at the time of signature of this Agreement is 17 %." (Agreement, Annex 24, Article 2(3)(a)); "the lower rate that may be proposed by the independent consultative body would never be lower than two percentage points below the lowest standard rate of VAT applied by any Member State." (Annex 24, Article 2(3)(a)(ii)); "Year 1 Year 2 Year 3 15 % 16 % 17 % (or such rate as may be the lowest applied by any Member State at that time)" (Annex 24, Article 2(3)(a), table)
Grade: Under review. Said before the draft was published. The stages of 15 and 16 per cent, and the rule that the standard rate is not less than the lowest standard VAT rate of any EU country, match the treaty's rules on transaction tax. Two parts of the statement differ from the text. First, the rate is not always at or above the lowest rate: the independent consultative body may recommend a lower rate for a selection of goods, down to two percentage points below the lowest standard rate. Second, the rate can be required to rise: if the body finds a distortion, the UK, for Gibraltar, must adjust the rates to a level found appropriate on its recommendations, within the limits the treaty sets for those rates, so the words 'we do not have to be higher' are not borne out. The speaker gave the 15% and 16% years in the same answer, so 'never lower' is read as the rate after those years. The same claim made on 3 March 2026 is graded the same way. The provisions read are the treaty's rules on the transaction tax rate and on the consultative body.
Grade: Under review. Said before the draft was published. The stages of 15 and 16 per cent and the rule that the standard rate is not less than the lowest standard VAT rate of any EU country match Annex 24, Article 2(3)(a). Two parts of the statement differ from the text. First, the rate is not always at or above the lowest rate: the independent consultative body may recommend a lower rate for a selection of goods, down to two percentage points below the lowest standard rate (Annex 24, Article 2(3)(a)(ii)). Second, the rate can be required to rise: if the body finds a distortion, the UK, for Gibraltar, 'shall adjust' the rates to a level deemed appropriate on its recommendations, within the limits set out in Articles 2 and 6 of Annex 24 (Article 248(6)), so the words 'we do not have to be higher' are not borne out. The speaker gave the 15% and 16% years in the same answer, so 'never lower' is read as the rate after those years. The same claim made on 3 March 2026 is graded the same way. The provisions read are Annex 24, Article 2(3)(a) and Article 248(5) and (6).
Where: Gibraltar Parliament, Hansard, Thursday 15 January 2026, afternoon session, page 19 (Questions 943-948, import duty and the transaction tax; reply to supplementary questions)
The words: "If a product comes from the United Kingdom, it would come under the trade, the TCA. The TCA requires that if something comes from the United Kingdom and is not produced in the United Kingdom but comes from a country which is subject to tariffs, that pays 12% duty when it comes into the EU single market."
Checked against: "However, all tariff quotas, and tariffs set at a level lower than those contained in the Union's schedule of concessions and commitments on trade in goods, incorporated into the GATT 1994 on the basis of international trade agreements, or by other Union legislation granting unilateral tariff preferences shall not apply, with the exception of those referred to in Appendix 2 to this Annex and under the conditions established in the relevant international agreement." (Agreement, Annex 21, Article 1(2)); "Where the goods would be eligible to preferential tariff treatment set out in the agreement below, the respective tariff quotas and tariffs and, as the case may be, procedures of verification and administrative cooperation shall be applied:" (Annex 21, Appendix 2, naming the Trade and Cooperation Agreement); "Where import duties are payable on goods pursuant to paragraph 1, those duties shall be levied in the relevant designated customs post on behalf of the United Kingdom, in respect of Gibraltar." (Annex 21, Article 1(3))
Grade: Incomplete. The outline matches. Goods coming into Gibraltar from outside the customs union are cleared under EU customs law, and the EU's tariff preferences do not apply, except under the Trade and Cooperation Agreement (TCA) for goods that qualify for preferential tariff treatment under it. What is left out: (1) the treaty sets no single rate; 12% is the rate for some goods, and the duty depends on the product under the EU tariff, which is not part of the treaty; (2) whether goods qualify under the TCA depends on the TCA's own origin rules, which are not in the treaty text; (3) the treaty says the duty is collected at a designated customs post, on behalf of the UK, for Gibraltar, with no refund; the designated posts the treaty lists are in Spain, with a back-up post in Portugal that is to work only if none of the Spanish posts can be reached for over 24 hours because of unforeseeable circumstances or force majeure. The provisions read are listed in the texts.
Grade: Incomplete. The outline matches. Goods coming into Gibraltar from outside the customs union are cleared under EU customs law, and the EU tariff preferences do not apply "with the exception of" the Trade and Cooperation Agreement (TCA) for goods "eligible to preferential tariff treatment" under it (Annex 21, Article 1(2) and Appendix 2). What is left out: (1) the UK-EU Agreement in respect of Gibraltar sets no single rate; "12%" is the rate for some goods, and the duty depends on the product under the EU tariff, which is not part of the treaty; (2) whether goods qualify under the TCA depends on the TCA's own origin rules, which are not in the treaty text; (3) the treaty says the duty is collected at a designated customs post, on behalf of the UK, for Gibraltar, with no refund (Annex 21, Article 1(3)); the designated posts listed in Appendix 1 to Annex 21 are in Spain, with a subsidiary post in Portugal that is to work only if none of the Spanish posts is accessible for over 24 hours because of unforeseeable circumstances or force majeure. The provisions read are Annex 21, Article 1 (in full) and Appendices 1 and 2.
Where: Gibraltar Parliament, Hansard, Thursday 15 January 2026, afternoon session, page 19 (Questions 943-948, import duty and the transaction tax; reply to supplementary questions)
The words: "will in Spain have to be offered at price plus 12 plus 21, 33 and in Gibraltar at 12 plus 17, 29"
Checked against: "The taxable amount for goods imported into Gibraltar shall be determined with reference to the value for customs purposes. It shall include, insofar as these elements were not already included in the customs value:"... "taxes, duties, levies and other charges, including excise duties, due by reason of importation, excluding the transaction tax to be levied" (Agreement, Annex 24, Article 2(1) and (1)(a))
Grade: Contradicted. Said before the draft was published. The draft treaty laid on 26 February 2026 carries the same provision. Only the Gibraltar half of the sentence is about the treaty and only that half is graded. The speaker adds the duty (12%) and the transaction tax (17%) to get 29. The treaty says the amount the transaction tax is charged on includes duties due because the goods are imported. So the 17% is charged on the price plus the duty (12% in the speaker's example), not on the price alone. On a price of 100, if the duty is 12%, then the duty is 12, the tax is 17% of 112 (19.04), and the total is 31.04, not 29. The treaty also adds incidental costs such as transport and insurance to that amount, which would raise the total further. This assumes a 12% duty rate, which depends on the product. The Spanish half (VAT of 21%) comes from Spanish law, not from the treaty texts, and is not graded.
Grade: Contradicted. Said before the draft was published. The draft UK-EU Agreement in respect of Gibraltar laid on 26 February 2026 carries the same provision (Annex 24, Article 2(1)). Only the Gibraltar half of the sentence is about the treaty and only that half is graded. The speaker adds the duty (12%) and the transaction tax (17%) to get 29. Annex 24, Article 2(1) says the amount the transaction tax is charged on includes "duties... due by reason of importation". So the 17% is charged on the price plus the duty (12% in the speaker's example), not on the price alone. On a price of 100, if the duty is 12%, then the duty is 12, the tax is 17% of 112 (19.04), and the total is 31.04, not 29. The text also adds incidental costs such as transport and insurance to that amount (Article 2(1)(b)), which would raise the total further. This assumes a 12% duty rate, which depends on the product. The Spanish half (VAT of 21%) comes from Spanish law, not from the treaty texts, and is not graded.
Where: Gibraltar Parliament, Hansard, Thursday 15 January 2026, afternoon session, page 18 (Questions 943-948, import duty and the transaction tax; reply to supplementary questions on Questions 946 and 947)
The words: "we should now start to say the 480... million and 38,000 people of the single market, because we will now be included in that"
Checked against: "A customs union between the Union and the United Kingdom, in respect of Gibraltar, is hereby established in accordance with the provisions set out under this Chapter." (Agreement, Article 240); "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 taxationIndirect taxTax on spending rather than income (VAT, excise, Gibraltar’s transaction tax), collected by the seller and paid by the buyer in the price. and trade-related law." (Agreement, Article 247(5))
Grade: Shaded. The word "that" refers to the single market, which the speaker has just described. The context is the sale of goods in Main Street. What the text does: the treaty sets up a customs union between the EU and the UK, for Gibraltar, and provides for free movement of goods and no customs duties between them. What the text does not do: no provision that makes Gibraltar part of the EU's internal market as such was found; the treaty's contents list covers a customs union, indirect taxation, transport, circulation of persons and frontier workers, but no chapters on the free movement of services or capital. The treaty says that until the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) adopts its decision bringing in the EU customs and goods rules listed in the treaty and that decision enters into force (a decision that sets the date from which they apply in Gibraltar and declares that border control posts and customs offices have been set up at the port and airport, that they operate and are controlled as the decision sets out, and that competent authorities within the EU have been designated), Gibraltar is regarded as a third territory for EU customs, indirect tax and trade rules. The words read wider than the text for goods, and the text sets conditions on how goods move (transit procedure, transaction tax).
Grade: Shaded. The word "that" refers to the single market, which the speaker has just described. The context is the sale of goods in Main Street. What the text does: Article 240 sets up a customs union between the EU and the UK, for Gibraltar, and Articles 242 to 244 provide for free movement of goods and no customs duties between them. What the text does not do: no provision that makes Gibraltar part of the EU's internal market as such was found; the contents list of the UK-EU Agreement in respect of Gibraltar covers a customs union, indirect taxation, transport, circulation of persons and frontier workers, but no chapters on the free movement of services or capital. Article 247(5) says that until the Cooperation CouncilCooperation CouncilThe treaty’s top joint body: the European Union (EU) and the United Kingdom (UK), with Gibraltar’s nominees beside the UK Minister under the Concordat. It supervises the agreement and takes the decisions the treaty reserves to it. (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) adopts the decision in Article 247(1) and that decision enters into force, Gibraltar is regarded as a third territory under EU customs, indirect taxation and trade-related law. The words read wider than the text for goods, and the text sets conditions on how goods move (transit procedure, transaction tax).
Where: Gibraltar Parliament, Hansard, Thursday 15 January 2026, afternoon session, page 17 (Questions 943-948, import duty and the transaction tax; reply to supplementary question on how revenue from the transaction tax would be spent)
The words: "if I said yes to the question I have just been asked by the hon. Gentleman, I would be immediately flagging that Gibraltar intends to breach the Treaty on Day 1 because we would be in breach of European State Aid rules immediately."
Checked against: "This Chapter and Annex 18 shall apply to state aid granted by the United Kingdom, in respect of Gibraltar, to one or more economic actors that:" (Agreement, Article 201(1)); "Each Party shall ensure that any intended measure to grant or alter State aid is notifiedNotify / notificationIn the treaty’s language: to tell the other side, or the authority, formally. Some notifications come before the action (for state aid, the answer to the notification is awaited before acting); others report a decision or an act already made. to their respective independent authority or body and that such intended measure is not put into effect before the independent authority or body has authorised it." (Agreement, Article 205(2)); "A Party may exempt certain categories of State aid from the obligations laid down in paragraph 2, provided that such exemptions are transparent and based on objective criteria" (Agreement, Article 205(3)); "Paragraph 2 of this Article shall not apply to any intended measure to grant or alter state aid referred to in Article 201 by an Act of the Gibraltar Parliament." (Agreement, Article 205(6))
Grade: Shaded. The question was whether part of the transaction tax revenue would be ring-fenced (set aside) to support businesses. What the text does: the treaty's state aid rules apply to aid that the UK, for Gibraltar, grants to businesses where the aid has or could have an effect on trade or investment between the EU and Gibraltar. They do not forbid state aid. They require a planned measure to be notified to the independent authority and not put into effect until that authority has authorised it. Either side may exempt categories of aid on transparent, objective criteria, and for Gibraltar such exemptions must comply with the EU de minimis regulations that the treaty lists. For aid given by an Act of the Gibraltar Parliament, the prior-authorisation rule does not apply; the authority gives an opinion instead. No transition period for the state aid rules was found (the treaty's transition rules cover goods and customs procedures only). So support for businesses would breach the treaty if it is within scope and is put into effect without the required notification and authorisation or an exemption. The words "in breach... immediately" read as if any such support would breach it automatically.
Grade: Shaded. The question was whether part of the transaction tax revenue would be ring-fencedRing-fenceTo wall money or a function off so it can only be used for its stated purpose. (set aside) to support businesses. What the text does: Chapter 2 of Part Three, Title I applies to state aid granted by the UK, for Gibraltar, to businesses where the aid has or could have an effect on trade or investment between the EU and Gibraltar (Article 201(1)). It does not forbid state aid. It requires an intended measure to be notified to the independent authority and not put into effect until that authority has authorised it (Article 205(2)). A Party may exempt categories of aid on transparent, objective criteria, and for Gibraltar such exemptions must comply with Annex 18, which lists the EU de minimisDe minimisSmall support that the rules treat as too little to distort competition: up to €300,000 to one business over any three years (Regulation 2023/2831, listed in the treaty’s annex; a higher ceiling for public-service undertakings). Support within the ceiling needs no notification or authorisation: it is the one route that can be used at once. regulations (Article 205(3)). For aid given by an Act of the Gibraltar Parliament, the prior-authorisation rule does not apply; the authority gives an opinion instead (Article 205(6) and (7)). No transition period for Chapter 2 was found (Part Three, Title II, Chapter 7 covers goods and customs procedures only). So support for businesses would breach the UK-EU Agreement in respect of Gibraltar if it is within scope and is put into effect without the required notification and authorisation or an exemption. The words "in breach... immediately" read as if any such support would breach it automatically.
Where: Gibraltar Parliament, Hansard, Thursday 15 January 2026, afternoon session, page 48 (Questions 975-977, Treaty for a new relationship with the EU; reply to supplementary question on publication)
The words: "The treaty is only a treaty when its annexes and its protocols are there, it is one document."
Checked against: "The Protocols, Annexes, Appendices and footnotes to this Agreement shall form an integral part of this Agreement." (Agreement, Article 333(1)); "Each of the Annexes to this Agreement, including its appendices, shall form an integral part of the Part, Title, Chapter or Protocol that refers to that Annex or to which reference is made in that Annex." (Agreement, Article 333(2))
Grade: Verified. Checked against the signed treaty (the signed text did not exist in January 2026). The treaty says its protocols, annexes, appendices and footnotes form an integral part of it, and that each annex is part of the part, title, chapter or protocol that refers to it. Both paragraphs of that provision were read; there is no condition, exception or limit in either of them. So the claim that the annexes and protocols are part of one instrument is borne out. The words "only a treaty when" and the rest of the answer (that it cannot be signed or published until the annexes are attached) are about process, not about the text, and are not graded.
Grade: Verified. Checked against the signed UK-EU Agreement in respect of Gibraltar (the signed text did not exist in January 2026). Article 333 says the Protocols, Annexes, Appendices and footnotes form an integral part of the treaty, and that each Annex is part of the Part, Title, Chapter or Protocol that refers to it. Both paragraphs of Article 333 were read; there is no condition, exception or limit in either paragraph. So the claim that the Annexes and Protocols are part of one instrument is borne out. The words "only a treaty when" and the rest of the answer (that it cannot be signed or published until the annexes are attached) are about process, not about the text, and are not graded.
Where: Gibraltar Parliament, Hansard, Wednesday 25 February 2026, morning session, page 4 (oral answer to Question 28/2026 and supplementaries (cruise liners, non-EU ports))
The words: "has nothing to do with, has no ramifications on Gibraltar pre or post treaty"
Checked against: "Border checks on exit shall be carried out by the competent authorities of the Kingdom of Spain and subsequently by the competent authorities of the United Kingdom, in respect of Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(5)); "All passengers and crew members departing from the port who are required to undergo Schengen exit checks will present themselves at the airport" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), paragraph 2.2.1); "the master, the ship's agent or some other person duly authorised by the master or authenticated in a manner agreed by the competent authorities of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain, shall comply with the obligations set out in point 3 of Annex VI to the Schengen Borders Code" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Annex 7, paragraph 6); "Border checks on exit shall be carried out by the competent authorities of the Kingdom of Spain and subsequently by the competent authorities of the United Kingdom, in respect of Gibraltar." (draft agreement laid on 26 February 2026, Article 29(5), for comparison only); "shall comply with the obligations set out in point 3 of Annex VI to the Schengen Borders Code, in particular the obligation to draw up and submit crew lists and passenger lists, report changes to these lists, and signal the presence of stowaways simultaneously and without delay to both the competent authorities of the Kingdom of Spain and the United Kingdom, in respect of Gibraltar." (draft agreement laid on 26 February 2026, Annex 7, paragraph 6, for comparison only)
Grade: Contradicted. Said before the draft was published. The statement was made on 25 February 2026, the day before the draft treaty was laid on 26 February 2026, and it is checked here against the signed text. The two parts of the treaty that the grade rests on read the same in the draft as in the signed text: border checks on exit by the Spanish authorities and then by the UK, for Gibraltar, and the duty of the master or agent of a ship, including a cruise ship, to submit crew and passenger lists to both authorities; both are quoted above from the draft. The rule on departures from the port in the administrative arrangement on how Schengen border checks and border surveillance will be carried out was not published until 14 July 2026; that arrangement was signed on 25 June 2026. So the statement was not right at the time either. The Minister said that cruise liners going to a non-EU port as their next destination (a group that, he said, includes UK ports) have no ramifications for Gibraltar before or after the treaty. The text attaches new obligations to departures. The treaty provides for exit border checks by Spain and then Gibraltar, and that arrangement provides that passengers and crew leaving from the port who are required to undergo Schengen exit checks present themselves at the airport. The treaty requires the master or agent of a ship, including a cruise ship, to submit crew and passenger lists to both authorities. So the treaty does make a difference for ships leaving for non-Schengen destinations.
Grade: Contradicted. Said before the draft was published. The statement was made on 25 February 2026, the day before the draft UK-EU Agreement in respect of Gibraltar was laid on 26 February 2026, and it is checked here against the signed text. The two provisions of the treaty that the grade rests on read the same in the draft as in the signed text: Article 29(5) (border checks on exit by the Spanish authorities and then by the UK, for Gibraltar) and Annex 7, paragraph 6 (the master or agent of a ship, including a cruise ship, must submit crew and passenger lists to both authorities); both are quoted above from the draft. Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted), paragraph 2.2.1 was signed on 25 June 2026 and published on 14 July 2026. So the statement was not right at the time either. The Minister said that cruise liners going to a non-EU port as their next destination (a group that, he said, includes UK ports) have no ramifications for Gibraltar before or after the Treaty (the UK-EU Agreement in respect of Gibraltar). The text attaches new obligations to departures. Article 29(5) provides for exit border checks by Spain and then Gibraltar, and Arrangement , paragraph 2.2.1 provides that passengers and crew departing from the port who are required to undergo Schengen exit checks present themselves at the airport. Annex 7, paragraph 6 requires the master or agent of a ship, including a cruise ship, to submit crew and passenger lists to both authorities. So the treaty does make a difference for ships leaving for non-Schengen destinations. The provisions read are Articles 29 and 30, Annex 7 and Arrangement , Part 2, Section 2.
Where: Gibraltar Parliament, Hansard, Wednesday 25 February 2026, morning session, page 4 (oral answer to Question 28/2026 and supplementaries (cruise liners, non-EU ports))
The words: "non-EU ports and UK... ports have different conditions"
Checked against: "The United Kingdom, in respect of Gibraltar, will ensure that no cruise liners call into Gibraltar directly from third countriesThird countryUsually a country outside the European Union (EU), but the treaty says in each place who counts. In the treaty's chapter on arrest warrants, a “third country” is any country other than an EU country, the United Kingdom (UK) or the UK, for Gibraltar. In the treaty's rule on data protection, references to third countries and their authorities in the EU data protection law the treaty lists do not include the UK, for Gibraltar, or its authorities, as long as the UK, for Gibraltar, has the same rules in its own law and applies them effectively, as the treaty requires. Read the treaty's text in each place to see who counts. other than from the United Kingdom." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), paragraph 2.2.1)
Grade: Shaded. Graded against the signed administrative arrangement on how Schengen border checks and border surveillance will be conducted, which was not published on the date of the statement (25 February 2026): it was signed on 25 June 2026 and published on 14 July 2026. The arrangement treats the UK differently from other third countries only for cruise liners: the UK, for Gibraltar, will make sure that no cruise liners call at Gibraltar directly from third countries other than the UK. For ferries, the arrangement speaks of a port outside the Schengen Area and makes no exception for the UK. The statement's general 'different conditions' for non-EU ports and UK ports therefore reads wider than the text, which speaks of third countries and the Schengen Area, not of non-EU ports.
Grade: Shaded. Graded against the signed Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted), which was not published on the date of the statement (25 February 2026): it was signed on 25 June 2026 and published on 14 July 2026. Paragraph 2.2.1 of Arrangement treats the UK differently from other third countries only for cruise liners: the UK, for Gibraltar, 'will ensure that no cruise liners call into Gibraltar directly from third countries other than from the United Kingdom'. For ferries, paragraph 2.2.2(a) refers to 'a port outside of the Schengen Area' and makes no exception for the UK. The statement's general 'different conditions' for non-EU ports and UK ports therefore reads wider than the text, which speaks of third countries and the Schengen Area, not of non-EU ports. The provisions read are paragraphs 2.2.1 and 2.2.2 of Arrangement 4.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 3 (Government Statement on the laying of the draft agreement)
The words: "A new facility for passport checks will be built at our airport so we can carry out cumulative passport checks on arrivals from third countries."
Checked against: "All passengers entering Gibraltar from Gibraltar port or airport shall be subject to border checks at the border crossing points referred to in paragraph 1." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(2)); "entry conditions required by the competent authorities of the United Kingdom, in respect of Gibraltar, and the competent authorities of the Kingdom of Spain shall be cumulative." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(7)); "two annexes to the current airport terminal will be built on the north eastern and north western corners to allow for the control of persons and goods by the competent authorities of the United Kingdom, in respect of Gibraltar" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Implementation (Arrangement ), signed 25 June 2026, Annex 2 (implementation plan for the UK, for Gibraltar), second phase)
Grade: Incomplete. The text bears out the first part. The Gibraltar implementation plan provides for the permanent airport extension (two annexes to the terminal), and the treaty says the entry conditions of Gibraltar and Spain are cumulative, meaning both sets apply. What the statement leaves out is how wide the checks are. It speaks of 'arrivals from third countries'. The treaty applies border checks to all passengers entering Gibraltar through the port or the airport, not only those arriving from third countries. It also provides for crossing points at the port as well as the airport, and allows the checks to be done at the airport only if the volume of port traffic allows it. The provisions read are the treaty's rule on border checks, read in full, and the two implementation plans in the implementation arrangement.
Grade: Incomplete. The text bears out the first part. The Gibraltar implementation plan provides for the permanent airport extension (two annexes to the terminal), and Article 29(7) says the entry conditions of Gibraltar and Spain are cumulative, meaning both sets apply. What the statement leaves out is the width of the checks. It speaks of 'arrivals from third countries'. Article 29(2) applies border checks to all passengers entering Gibraltar through the port or the airport, not only those arriving from third countries. Article 29(1) also provides for crossing points at the port as well as the airport, and Article 29(3) allows checks to be done at the airport only if the volume of port traffic allows it. The provisions read are Articles 29(1) to 29(10) and the two implementation plans in Arrangement (the administrative arrangement on implementation).
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 3 (Government Statement on the laying of the draft agreement)
The words: "in this agreement the first hand on the gate remains our British hand. The first check is a British check."
Checked against: "Border checks on entry shall be carried out by the competent authorities of the United Kingdom, in respect of Gibraltar, and subsequently by the competent authorities of the Kingdom of Spain. Border checks on exit shall be carried out by the competent authorities of the Kingdom of Spain and subsequently by the competent authorities of the United Kingdom, in respect of Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(5))
Grade: Under review. True for people entering Gibraltar: the treaty puts the check by the UK's authorities for Gibraltar first and the check by the Spanish authorities second. The same provision reverses the order for people leaving Gibraltar: the Spanish check comes first and the Gibraltar check second. The statement does not mention exit. The provision read is the whole of the treaty's clause on these checks.
Grade: Under review. True for people entering Gibraltar: Article 29(5) puts the check by the UK's authorities for Gibraltar first and the check by the Spanish authorities second. The same paragraph reverses the order for people leaving Gibraltar: the Spanish check comes first and the Gibraltar check second. The statement does not mention exit. The provisions read are the whole of Article 29.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 3 (Government Statement on the laying of the draft agreement)
The words: "A temporary facility will be established ahead of completion of works on the final second line check facility."
Checked against: "Adaptations to be made within the current air terminal in order to allow for controls of persons and goods while the definitive extension to the airport is built: this will include the creation of facilities for the performance of second line checks" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Implementation (Arrangement ), signed 25 June 2026, Annex 2 (implementation plan for the UK, for Gibraltar), first phase); "Construction of a temporary module attached to the airport: in order to allow controls of persons and goods while the definitive extension to the airport is built, a temporary structure will be erected for use as border control facilities" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Implementation (Arrangement ), signed 25 June 2026, Annex 1 (Spanish implementation plan), first phase)
Grade: Verified. Both implementation plans in the administrative arrangement on implementation provide for interim facilities for checks while the permanent extension is built. Gibraltar's plan provides changes inside the current terminal, including facilities for second line checks. Spain's plan provides a temporary module attached to the airport. The first phase is to be finished before 15 July 2026 and the permanent extension before 1 January 2028. The statement says no more than this and adds no condition. Both plans were read in full. The treaty ties the removal of barriers to these plans.
Grade: Verified. Both implementation plans in Arrangement (the administrative arrangement on implementation) provide for interim facilities for checks while the permanent extension is built. Annex 2 (Gibraltar) provides adaptations inside the current terminal, including facilities for second line checks. Annex 1 (Spain) provides a temporary module attached to the airport. The first phase is to be completed before 15 July 2026 and the permanent extension before 1 January 2028. The statement says no more than this and adds no condition. Both annexes were read in full. Article 7 of the UK-EU Agreement in respect of Gibraltar ties the removal of barriers to these plans.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 3 (Government Statement on the laying of the draft agreement)
The words: "This will require the construction of a new addendum to the airport which will be equidistant between Gibraltar and Spain."
Checked against: "two annexes to the current airport terminal will be built on the north eastern and north western corners to allow for the control of persons and goods by the competent authorities of the European Union" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Implementation (Arrangement ), signed 25 June 2026, Annex 1 (Spanish implementation plan), second phase)
Grade: Under review. The implementation plans provide for a permanent extension to the airport, described as two annexes to the current terminal on its north-eastern and north-western corners. They do not describe a single addendum, and nothing in the held texts says the extension will be 'equidistant between Gibraltar and Spain'. A drawing or a plan of the site would settle the position. This entry is graded on the weaker part of the statement.
What would settle it: Does any site plan or drawing, such as the design annexed to the border-checks arrangement, show where the shared airport facility, the border crossing point and the Second Line Checks Area stand: in Gibraltar, in Spain, midway, or partly in each? (Question 2.68 in Questions about the treaty, Part 2.)
What would settle it: Does any site plan or drawing, such as Annex A to Arrangement , show where the shared airport facility, the border crossing point and the Second Line Checks Area stand: in Gibraltar, in Spain, midway, or partly in each? (Question 2.68 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 3 (Government Statement on the laying of the draft agreement)
The words: "The abolition of import duties."
Checked against: "No customs duties on imports or exports or charges having equivalent effect shall be applied between the Union and Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 243); "Where import duties are payable on goods pursuant to paragraph 1, those duties shall be levied in the relevant designated customs post on behalf of the United Kingdom, in respect of Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 21, Article 1(3))
Grade: Incomplete. The treaty bars customs duties on goods moving between the EU and Gibraltar. It does not abolish import duties on goods coming from outside the customs union. Where import duties are payable on such goods, they are charged at the designated customs post on behalf of the UK, for Gibraltar, and tariff quotas, tariffs lower than the EU's own schedule, and EU preferences do not apply, except those the treaty lists. The statement does not say it applies only between the EU and Gibraltar. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 243 bars customs duties on goods moving between the EU and Gibraltar. It does not abolish import duties on goods coming from outside the customs union. Annex 21, Article 1(3) says that where import duties are payable on such goods they are levied at the designated customs post on behalf of the UK, for Gibraltar, and Article 1(2) says tariff quotas and tariffs lower than the EU's own schedule, or EU preferences, do not apply except those listed in Appendix 2. The statement does not say it applies only between the EU and Gibraltar. The provisions read are Articles 240 to 247 and Annex 21, Article 1.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, pages 3 and 6 (Government Statement on the laying of the draft agreement)
The words: "Gibraltar will remain entirely VAT free."
Checked against: "the Union may, for a period not longer than 30 days, levy the VAT and excise applicable to the specific good or category of goods identified in the notification when opening the transit procedure for any such goods in accordance with Annexes 19 and 21 when they are destined for Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 249(4)); "Goods produced in or imported into Gibraltar shall be liable to a transaction tax." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 248(2))
Grade: Incomplete. The treaty does not require Gibraltar to adopt VAT; it provides for a transaction tax instead. But the treaty gives the EU a safeguard. If the UK, for Gibraltar, does not adjust Gibraltar's rates, within the limits the treaty sets for those rates, after the independent consultative body finds a distortion, the EU may, if it considers it appropriate and the treaty's conditions are met, and if consultations reach no solution both sides accept within 10 working days, levy VAT and excise duty on the specific goods when it opens the transit procedure for goods bound for Gibraltar. That can last up to 30 days, and can be extended by 30 days at a time, with at least four working days' notice each time, while the conditions persist, until they are no longer met, another solution both sides agree is reached or an arbitration started by the UK, for Gibraltar, ends. The statement says 'entirely' and leaves this out. The provisions read in full are the treaty's rules on goods taxes and the safeguard.
Grade: Incomplete. The UK-EU Agreement in respect of Gibraltar does not require Gibraltar to adopt VAT; it provides for a transaction tax instead (Article 248(2)). But Article 249 gives the EU a safeguard. If the UK, for GibraltarThe UK, for GibraltarThe treaty's second side is the United Kingdom (UK) acting for Gibraltar. The treaty's own words are “the United Kingdom, in respect of Gibraltar”., does not adjust Gibraltar's rates, within the limits the treaty sets for those rates, after the independent consultative body finds a distortion, the EU may, if it considers it appropriate and the conditions of Article 249(1) or (2) are met, and if consultations reach no mutually acceptable solution within 10 working days (Article 249(3) and (4)), levy VAT and excise on the specific goods when it opens the transit procedure for goods bound for Gibraltar. That can last up to 30 days (Article 249(4)), can be extended by 30 days at a time with at least four working days' notice while the conditions persist (Article 249(5) and (6)), and can be repeated until the conditions are no longer met, another agreed solution is reached or an arbitration started by the UK, for Gibraltar, ends (Article 249(7) and (8)). The statement says 'entirely' and leaves this out. The provisions read in full are Articles 245 to 249.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 3 (Government Statement on the laying of the draft agreement)
The words: "New rates of indirect taxation.... The introduction of a new transactional tax."
Checked against: "Until the entry into force of the decision referred to in Article 247(1), paragraphs 2, 3 and 4 of this Article shall apply." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 248(1)); "Goods produced in or imported into Gibraltar shall be liable to a transaction tax." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 248(2)); "the standard rate shall be set at not less than the lowest standard VAT rate applied by a Member State, which at the time of signature of this Agreement is 17 %." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(3)(a))
Grade: Incomplete. The treaty does provide for a transaction tax on goods produced in or imported into Gibraltar, with rates set in its annex on the tax. Gibraltar's 2026 Act that brings the treaty into Gibraltar law fixes the standard rate at 15%, 16% and 17% over three years. What the statement leaves out is that the treaty makes its rules on the transaction tax and excise duty for this period apply only until the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) adopts the decision that sets the date from which the listed EU law applies and that decision enters into force. The text held does not say what applies after that decision. The provisions read are the treaty's rules on goods taxes and the part of its annex that sets the rates.
Grade: Incomplete. The UK-EU Agreement in respect of Gibraltar does provide for a transaction tax on goods produced in or imported into Gibraltar, with rates set in Annex 24, Article 2(3). The Treaty on Gibraltar and the European Union Act 2026 (Schedule 2, paragraph 3) fixes the standard rate at 15%, 16% and 17% over three years. What the statement leaves out is that Article 248(1) makes paragraphs 2 to 4 of Article 248 apply only until the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) adopts the decision referred to in Article 247(1) and that decision enters into force. The text held does not say what applies after that decision. The provisions read are Articles 246 to 249 and Annex 24, Article 2.
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.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 3 (Government Statement on the laying of the draft agreement)
The words: "The application will come of EU excise duties."
Checked against: "Excise duties in Gibraltar shall be applied consistently with applicable Union excise legislation at any given time." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 6(1)); "Union minimum excise rates shall apply at the entry into force of this Agreement;" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 6(2)(a)); "target excise rates not diverging by more than six percentage points from or being equivalent to 94 % of the excise rates applied in the Kingdom of Spain shall apply within three years of the entry into force of this Agreement." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 6(2)(b))
Grade: Incomplete. The treaty says excise duties in Gibraltar apply consistently with EU excise law. The statement leaves out the detail the same provision attaches. When the treaty comes into force, the EU minimum rates apply. Within three years, target rates apply that differ by no more than six percentage points from the Spanish rates, or equal 94% of them. Fuel and manufactured tobacco have their own rules, and the EU-UK treaty committee on economy and trade may, on the recommendation of the independent consultative body, allow excise duty below the EU minimum where the supply of fuel for vehicles at Gibraltar's petrol stations is at risk. The provisions read in full are cited under Read the texts on this.
Grade: Incomplete. Annex 24, Article 6(1) says excise duties in Gibraltar apply consistently with EU excise legislation. The statement leaves out the detail the same Article attaches. At entry into force the EU minimum rates apply (6(2)(a)). Within three years, target rates apply that diverge by no more than six percentage points from, or equal 94% of, the Spanish rates (6(2)(b)). Fuel and manufactured tobacco have their own rules (6(3) and 6(5)), and the EU-UK treaty committeeEU-UK treaty committeeOne of the treaty’s working committees, each for a subject area, sitting under the Cooperation Council. Gibraltar has a seat on each under the Concordat. on Economy and Trade may, on the recommendation of the independent consultative body, allow excise duty below the EU minimum where the supply of fuel for vehicles at Gibraltar's petrol stations is at risk (6(4)). The provisions read in full are Annex 24, Article 6.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 4 (Government Statement on the laying of the draft agreement)
The words: "the agreement makes absolutely clear that nothing in the agreement, or any supplementing arrangements, shall affect sovereignty."
Checked against: "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 2)
Grade: Incomplete. The treaty says that it, the agreements that add to it, the administrative arrangements and the measures taken under them leave untouched, and do not otherwise affect, the legal positions of the UK and of Spain on sovereignty and jurisdiction, and are no basis for claiming or denying sovereignty. The statement says that nothing 'shall affect sovereignty'. What it leaves out is that the treaty protects the legal positions of both countries, in the same words, and does not say which of them holds sovereignty.
Grade: Incomplete. Article 2 says the UK-EU Agreement in respect of Gibraltar, supplementing agreements, administrative arrangements and measures taken under them are without prejudice to, and do not otherwise affect, 'the respective legal positions' of the UK and Spain on sovereignty and jurisdiction, and are not a basis for asserting or denying sovereignty. The statement says that nothing 'shall affect sovereignty'. What it leaves out is that Article 2 protects the legal positions of both States, in the same words, and does not say which of them holds sovereignty. The provisions read are Article 2 and Article 301(6).
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, pages 4 and 5 (Government Statement on the laying of the draft agreement)
The words: "It is also any... conduct taken in application or as a result thereof that is excluded from creating prejudice in... respect of sovereignty."
Checked against: "and any measures or instruments or conduct taken in application or as a result thereof, or pursuant thereto, shall be without prejudice to, and shall not otherwise affect, the respective legal positions" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 2)
Grade: Shaded. The treaty says that it, any supplementing agreements it provides for, any administrative or other arrangements related to it, and any measures, instruments or conduct taken in applying it, as a result of it or under it, do not prejudice and do not otherwise affect the legal positions of the UK or of Spain on sovereignty and jurisdiction. The statement says that conduct taken in applying the treaty is 'excluded from creating prejudice' in respect of sovereignty, which follows the text as far as it goes. It leaves out that what is protected is the legal positions of the UK and of Spain, and that this covers jurisdiction as well as sovereignty, so it reads narrower than the text.
Grade: Shaded. Article 2 says the UK-EU Agreement in respect of Gibraltar, any supplementing agreements as referred to in Article 4, any administrative arrangements or other arrangements related to the treaty, and 'any measures or instruments or conduct taken in application or as a result thereof, or pursuant thereto', 'shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction'. The statement says that conduct taken in application of the treaty is 'excluded from creating prejudice' in respect of sovereignty, which follows the text as far as it goes. It leaves out that what is protected is the legal positions of the UK and of the Kingdom of Spain, and that this covers jurisdiction as well as sovereignty, so it reads narrower than Article 2. The provisions read are Articles 2 and 4.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 5 (Government Statement on the laying of the draft agreement)
The words: "That clause is actually repeated specifically and in whole, by way of footnote, in Article 271"
Checked against: "This Agreement, any supplementing agreements as referred to in Article 4, any administrative arrangements or other arrangements related to this Agreement, and any measures or instruments or conduct taken in application or as a result thereof, or pursuant thereto, shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction over the territory on which the airport is located" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 271(d), footnote 1)
Grade: Under review. The treaty's definition of Gibraltar airport carries a footnote that repeats the sovereignty wording. The footnote is not the whole of the treaty's sovereignty clause word for word. It limits the subject to sovereignty and jurisdiction over the land where the airport is. The statement says the clause is repeated 'in whole'. The words are accurate about the footnote existing, but they read wider than the footnote. The footnote was compared with the sovereignty clause line by line.
Grade: Under review. Article 271(d), which defines 'Gibraltar airport', carries a footnote that repeats the sovereignty wording. The footnote is not the whole of Article 2 word for word. It limits the subject to 'sovereignty and jurisdiction over the territory on which the airport is located'. The statement says the clause is repeated 'in whole'. The words are accurate about the footnote existing, but they read wider than the footnote. The footnote was compared with Article 2 line by line.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 5 (Government Statement on the laying of the draft agreement)
The words: "Paragraph 6 of Article 301, on the scope of the dispute settlement aspects of the Treaty, also provides another carve-outCarve-outAn exception written into a rule for one case, sector or party: what the rule does not reach. on sovereignty. It states specifically that this part does not apply to any disputes with regard to sovereignty and jurisdiction."
Checked against: "This Part does not apply to any disputes with regard to sovereignty and jurisdiction. If the respondent Party submits a reasoned statement to the arbitration tribunal, to the effect that the request may affect the legal position of the United Kingdom or of the Kingdom of Spain or with regard to sovereignty and jurisdiction, the arbitration tribunal shall not decide on the dispute" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 301(6))
Grade: Verified. The treaty says in so many words that its rules on settling disputes do not apply to disputes about sovereignty and jurisdiction. It then sets out what the tribunal must do if the party the dispute is brought against files a statement giving its reasons, and adds that no decision under those rules has any legal effect on either side's position. The statement describes the first of these points accurately and adds no condition of its own. Both treaty provisions on this were read in full.
Grade: Verified. Article 301(6) says in terms that Part Six (dispute settlement) does not apply to disputes about sovereignty and jurisdiction. It then sets out what the tribunal must do if the respondent party files a reasoned statement, and adds that no decision under Part Six produces legal effects on either side's position. The statement describes the first sentence accurately and adds no condition of its own. The provisions read are the whole of Article 301 and Article 302.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 5 (Government Statement on the laying of the draft agreement)
The words: "Assistance under this Protocol may be refused or may be subject to the satisfaction of certain conditions or requirements in... be likely to prejudice the sovereignty of the United Kingdom in respect of Gibraltar or that of a Member State which has been requested to provide assistance under this Protocol."
Checked against: "Assistance under this Protocol may be refused or may be subject to the satisfaction of certain conditions or requirements in cases where a Party is of the opinion that such assistance would:" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Protocol on Mutual Administrative Assistance in Customs Matters, Article PCUST.11(1)); "be likely to prejudice the sovereignty of the United Kingdom, in respect of Gibraltar, or that of a Member State which has been requested to provide assistance under this Protocol;" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Protocol on Mutual Administrative Assistance in Customs Matters, Article PCUST.11(1)(a))
Grade: Verified. Article PCUST.11(1) and (1)(a) of the Protocol on Mutual Administrative Assistance in Customs Matters say what was read out. Assistance 'may be refused or may be subject to' conditions where a Party is of the opinion that it would be likely to prejudice the sovereignty of the UK, for Gibraltar, or that of a requested EU country. The statement keeps the 'may' and the 'opinion' test. The same paragraph has two other grounds (public policy, security or essential interests; and trade or professional secrets); the statement was about the sovereignty ground only and does not claim otherwise. The statement calls this 'Annex 37' and 'Article 11'. In the signed text the Protocol follows the Annexes and the Article is numbered PCUST.11, so the number the speaker gave is not relied on. The provisions read are Article PCUST.11(1) and (1)(a); no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 4 (Government Statement on the laying of the draft agreement)
The words: "the objective of this agreement is to establish a mutually cooperative relationship between the parties which also promotes shared prosperity and close and constructive relations in respect to Gibraltar and the adjacent area in the Kingdom of Spain, in particular the territory of the municipalities that make up the Mancomunidad de Municipios del Campo de Gibraltar."
Checked against: "The objective of this Agreement is to establish a mutually cooperative relationship between the Parties, which also promotes shared prosperity and close and constructive relations in respect of Gibraltar and the adjacent area in the Kingdom of Spain, in particular the territory of the municipalities that make up the Mancomunidad de Municipios del Campo de Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 1)
Grade: Verified. The treaty states its objective in these terms. The statement repeats it faithfully. The clause on the objective is a single sentence with no condition or exception. The provision was read in full.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 5 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "There is no direct application of EU law to Gibraltar through the agreement"
Checked against: "The United Kingdom, in respect of Gibraltar, shall have in place in its domestic law, and effectively apply, the same provisions as those contained:" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 19(1)); "nothing in this Agreement or any supplementing agreement shall be construed as conferring rights or imposing obligations on persons other than those created between the Parties under public international law, nor as permitting this Agreement or any supplementing agreement to be directly invoked in the domestic legal systems of the Parties." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 21(1)); "the competent authorities of the Kingdom of Spain shall perform any functions which are required to exercise border control, comprising border checks and border surveillance, as set out in the Schengen Borders Code" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(1))
Grade: Incomplete. The treaty works by requiring Gibraltar to have the same provisions in its own law, and it says the treaty cannot be relied on directly in the domestic legal systems of the EU and the UK, for Gibraltar. That bears out the statement as a general description. The statement leaves out three things the text attaches. The treaty makes exceptions to that rule: two titles of one part of the treaty, one provision of its social security protocol and, for the EU, one title of another part. The treaty has the Spanish authorities carrying out border control in Gibraltar as set out in the Schengen Borders Code, which is EU law. And the EU carries out customs clearance formalities in line with EU law at designated customs posts. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 19(1) works by requiring Gibraltar to have the same provisions in its own domestic law, and Article 21(1) says the UK-EU Agreement in respect of Gibraltar is not to be directly invoked in the domestic legal systems of the Parties. That bears out the statement as a general description. The statement leaves out three things the text attaches. Article 21(1) makes exceptions (Titles I and II of Part Four, Article SSC.70 of the Social Security Protocol, and, for the EU, Title V of Part Two). Article 33(1) has the Spanish authorities carrying out border control functions in Gibraltar 'as set out in the Schengen Borders Code', which is EU law. And under Annex 21, Article 1 the EU carries out customs clearance formalities in accordance with EU law at designated customs posts. The provisions read are Articles 19 to 21, 33 and Annex 21, Article 1.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 5 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "or any enforcement role for the Court of Justice of the European Union in Gibraltar."
Checked against: "The provisions referred to in Article 19(1) shall be interpreted and applied in accordance with the methods and general principles of Union law and shall in their implementation and application be interpreted in conformity with the relevant case law of the Court of Justice of the European Union." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 20); "the arbitration tribunal shall not decide on any such question. In such case, it shall request the Court of Justice of the European Union to give a ruling on the question. The Court of Justice of the European Union shall have jurisdiction to give such a ruling, which shall be binding on the arbitration tribunal." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 312(1))
Grade: Incomplete. The treaty does not give the Court of Justice of the European Union a power to enforce anything directly in Gibraltar's courts. But the text gives the Court two roles the statement does not mention. The EU-law provisions that Gibraltar adopts must be interpreted in line with the Court's case law. And an arbitration tribunal must ask the Court for a ruling on a question of EU law, and that ruling binds the tribunal. The provisions read are the treaty's rules on EU law in Gibraltar and on referral to the Court in arbitration.
Grade: Incomplete. The UK-EU Agreement in respect of Gibraltar does not give the Court of Justice of the European Union a power to enforce anything directly in Gibraltar's courts. But the text gives the Court two roles the statement does not mention. Article 20 requires the EU-law provisions Gibraltar adopts to be interpreted in conformity with the Court's case law. Article 312(1) requires an arbitration tribunal to ask the Court for a ruling on a question of EU law, and that ruling binds the tribunal. The provisions read are Articles 18 to 21 and 312.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 5 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement, with the Chief Minister's own addition))
The words: "Part 1 contains provisions confirming how Gibraltar's domestic legal system will incorporate EU law where alignment is required and confirms it will be enforced by Gibraltar's own authorities and courts.... The laws that will give effect to this Treaty will be the laws made in this Parliament."
Checked against: "The United Kingdom, in respect of Gibraltar, shall have in place in its domestic law, and effectively apply, the same provisions as those contained:" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 19(1)); "the competent authorities of the Kingdom of Spain shall perform any functions which are required to exercise border control, comprising border checks and border surveillance, as set out in the Schengen Borders Code" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(1)); "The Union shall be authorised to carry out, on behalf of the competent authorities of the United Kingdom, in respect of Gibraltar, customs clearance formalities necessary for the release for free circulation of non-Union goods presented at a designated customs post" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 21, Article 1(1))
Grade: Incomplete. The treaty requires the UK, for Gibraltar, to put the relevant provisions into Gibraltar's own law and apply them, and Gibraltar's 2026 Act that brings the treaty into Gibraltar law is an example of such a law. That bears out the statement. It leaves out the places where the text has other authorities apply rules. Spanish authorities carry out border control in Gibraltar under the EU's Schengen Borders Code. The EU carries out customs clearance of non-EU goods at designated customs posts in Spain on behalf of the competent authorities of the UK, for Gibraltar. Decisions of the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) also bind the EU and the UK, for Gibraltar. So laws made in Gibraltar's Parliament are not the only source of what gives effect to the treaty. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 19(1) requires the UK, for Gibraltar, to put the relevant provisions into its own domestic law and apply them, and the Treaty on Gibraltar and the European Union Act 2026 is an example of such a law. That bears out the statement. It leaves out the places where the text has other authorities apply rules. Spanish authorities perform border control functions in Gibraltar under the Schengen Borders Code (Article 33(1)). The EU carries out customs clearance of non-EU goods at designated customs posts in Spain on behalf of the competent authorities of the UK, for Gibraltar (Annex 21, Article 1(1)). Decisions of the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) also bind the Parties (Article 24(1)). So laws made in Gibraltar's Parliament are not the only source of what gives effect to the treaty. The provisions read are Articles 19, 24, 32, 33 and Annex 21, Article 1.
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.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, pages 5 and 6 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "without... the need for a data adequacyAdequacy (data)The European Union’s (EU’s) finding that another country protects personal data well enough for data to flow to it freely. Gibraltar has never had one. For the EU data protection laws the treaty lists, the treaty means one is not needed, as long as the United Kingdom (UK), for Gibraltar, has the same rules in Gibraltar's law and applies them effectively; whenever the EU intends to adopt an adequacy decision, the UK, for Gibraltar, is to be kept duly informed. decision for Gibraltar, in return for Gibraltar's continued alignment with key EU data protection rules."
Checked against: "For the purposes of this Agreement, all references to third countries and their competent authorities contained in the provisions of Union law listed in Annex 3 shall be understood as not including the United Kingdom, in respect of Gibraltar, and its competent authorities, provided paragraph 2 of this Article is complied with in accordance with Article 19(1)." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 14(7))
Grade: Incomplete. The treaty supports the main claim: where the EU's General Data Protection Regulation and its directive on data protection in police and criminal justice work refer to third countries, those references are to be read as not including the UK, for Gibraltar, provided a further condition in the same provision is met in the way the treaty's rule on Gibraltar applying the same EU law requires. The statement leaves out three limits. The rule applies only for the purposes of the treaty. The condition is that Gibraltar must have the same provisions as those EU acts in its own law, and apply them effectively, which is not the same as alignment with 'key' EU rules. And the treaty keeps open the possibility of an EU adequacy decision: whenever the EU intends to adopt one, the UK, for Gibraltar, must be kept duly informed. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 14(7) supports the main claim: references to third countries in Regulation (EU) 2016/679 and Directive (EU) 2016/680 'shall be understood as not including the United Kingdom, in respect of Gibraltar', provided paragraph 2 of Article 14 is complied with in accordance with Article 19(1). The statement leaves out three limits. The rule applies only 'For the purposes of this Agreement' (Article 14(7)). The condition is that Gibraltar must 'have in place in its domestic law, and effectively apply, the same provisions' as those acts (Article 19(1)), which is not the same as alignment with 'key' EU rules. And Article 14(8) keeps the possibility of an EU adequacy decision: whenever the EU intends to adopt one, the UK, for Gibraltar, 'shall be kept duly informed'. The provisions read are Articles 14(7), 14(8) and 19(1) and points 1 and 2 of Annex 3.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 6 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "It establishes a cooperation council supported by three specialised committees to supervise implementation, facilitate dialogue and adopt decisions where the agreement provides for them."
Checked against: "A Cooperation Council is hereby established." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 22(1)); "(a) the Specialised Committee on the Circulation of Persons;" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 23(1)(a)); "adopt decisions in respect of all matters where this Agreement or any supplementing agreement so provides;" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 22(4)(a))
Grade: Verified. The treaty sets up the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it). The Council supervises the treaty's implementation and helps it along, and may adopt decisions where the treaty provides for them. The treaty also sets up three EU-UK treaty committees (circulation of persons; economy and trade; aviation), which assist the Council. The statement matches these provisions and adds no condition of its own. The provisions read are three clauses of the treaty on the Council and the committees.
Grade: Verified. Article 22 establishes the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it). It supervises and facilitates implementation (Article 22(3)) and may adopt decisions where the treaty provides for them (Article 22(4)(a)). Article 23(1) establishes three EU-UK treaty committees (Circulation of Persons; Economy and Trade; Aviation), which assist the Council (Article 23(2)(b)). The statement matches these provisions and adds no condition of its own. The provisions read are Articles 22 to 24.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 5 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "It recognises shared values and the principles of democracy, the rule of law and respect for human rights, as well as commitment to fight against climate change and cooperate on counterterrorism."
Checked against: "The Parties shall continue to uphold the shared values and principles of democracy, the rule of law, and respect for human rights" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 8(1)); "The fight against human-caused climate change" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 9(1)); "The Parties shall cooperate at the bilateral, regional and international levels to prevent and combat acts of terrorism in all its forms and manifestations" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 13(1))
Grade: Verified. The treaty covers these three subjects in these terms. It treats some of its commitments on two of these subjects, and one other commitment, as essential elements of the cooperation. The statement is a plain summary and adds no condition that the text lacks. The four treaty provisions concerned were read.
Grade: Verified. Articles 8, 9 and 13 cover these three subjects in these terms. Article 16 treats Articles 8(1), 9(1) and 10(1) as 'essential elements' of the cooperation. The statement is a plain summary and attaches no condition that the text lacks. The provisions read are Articles 8, 9, 13 and 16.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 6 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "a new system for the movement of persons designed to remove all routine immigration checks and physical barriers at the land border"
Checked against: "All physical barriers related to the circulation of persons between the Union and Gibraltar shall be removed." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 28); "The Parties shall ensure that persons may circulate between Gibraltar and the Member States applying the Schengen acquis in full without border checks being carried out" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 30(1)); "may exceptionally reinstate border control between Gibraltar and the territory of the Member States applying the Schengen acquis in full for a limited period of up to 10 days." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 30(2))
Grade: Under review. The treaty requires all physical barriers related to the movement of people between the EU and Gibraltar to be removed, and requires that people may move between Gibraltar and the Schengen countries without border checks. The statement says 'routine' checks, and that word is accurate: the treaty lets either side, exceptionally, bring back border control for up to 10 days (which can be extended to a maximum of six months) in case of a serious threat. So the exception the text attaches is covered by the word 'routine'. Checks move to the port and airport. The provisions read are the treaty's rules on removing the barriers, on the border crossing points and on movement without checks; no condition, exception or limit in them is left out of the statement, because the one exception (bringing back border control) is carried by the word 'routine'.
Grade: Under review. Article 28 requires all physical barriers related to the circulation of persons between the EU and Gibraltar to be removed, and Article 30(1) requires that persons may circulate between Gibraltar and the Schengen states without border checks. The statement says 'routine' checks, and that word is accurate: Article 30(2) lets either side exceptionally reinstate border control for up to 10 days (extendable to a maximum of six months) in case of a serious threat. So the exception the text attaches is covered by the word 'routine'. Checks move to the port and airport (Article 29). The provisions read are Articles 28 to 30; no condition, exception or limit in them is left out of the statement, because the one exception (Article 30(2)) is carried by the word 'routine'.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 6 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "Gibraltar will remain outside both Schengen and the EU, yet Schengen border rules will apply to its external border under a tailored arrangement between the UK and the EU."
Checked against: "taking into account that Gibraltar does not participate in and is not associated with the Schengen acquis" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Preamble, recital 6); "the competent authorities of the Kingdom of Spain shall perform any functions which are required to exercise border control, comprising border checks and border surveillance, as set out in the Schengen Borders Code" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(1)); "This Agreement applies to: (a) the territories to which the Treaty on the European Union and the Treaty on the Functioning of the European Union are applicable, and under the conditions laid down in those Treaties; and (b) the territory of Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 328)
Grade: Incomplete. The treaty's preamble records that Gibraltar does not take part in, and is not associated with, the Schengen rules. The treaty treats the territory of Gibraltar separately from the territories to which the EU Treaties apply. It has the Spanish authorities carry out border control at Gibraltar's crossing points as set out in the Schengen Borders Code, and it ties the infrastructure to that Code. What the statement leaves out is that the Gibraltar authorities also carry out their own checks under Gibraltar law. The text does not use the words 'outside the EU'; that reading comes from two articles of the treaty and the preamble. The provisions read are listed in the texts.
Grade: Incomplete. The preamble records that Gibraltar does not participate in and is not associated with the Schengen rules. Article 328 treats the territory of Gibraltar separately from the territories to which the EU Treaties apply. Article 33(1) has the Spanish authorities perform border control functions at Gibraltar's crossing points as set out in the Schengen Borders Code, and Article 29(10) ties the infrastructure to that Code. What the statement leaves out is that the Gibraltar authorities also carry out their own checks under Gibraltar law (Article 32(1)). The text does not use the words 'outside the EU'; that reading comes from Articles 328 and 3(3) and the preamble. The provisions read are the preamble, Articles 3(3), 26 to 33 and Article 328.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 6 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "The agreement provides that all necessary immigration checks will take place at Gibraltar's airport and, if needed, the port, rather than at the land border."
Checked against: "the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set up border crossing points at Gibraltar port and airport, at which border checks as referred to in paragraph 2 shall be carried out." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(1)); "By way of derogation from paragraph 1 of this Article, border checks may be carried out at the airport border crossing point, if the volume of traffic flows through the port allows for an efficient, high and uniform level of control at the airport border crossing point." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(3)); "no direct ferry connections exist between Gibraltar and a port outside of the Schengen Area" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), paragraph 2.2.2(a)); "no cruise ships start or end their itineraries at Gibraltar." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), paragraph 2.2.2(b))
Grade: Shaded. The statement presents the port as a place where checks happen only "if needed". The treaty sets up crossing points at both the port and the airport, so the port is the starting position. The exception is that checks may be carried out at the airport alone if the volume of port traffic allows an efficient, high and uniform level of control. The administrative arrangement on how Schengen border checks and border surveillance will be carried out treats that condition as met where there are no direct ferry connections to a port outside the Schengen area and no cruise ships start or end their itineraries at Gibraltar. The text bears out checks at the airport and port rather than the land border. The statement reverses the emphasis on the port. The statement's further remark that the Government will keep port checks unnecessary by limiting traffic is a plan and is not graded.
Grade: Shaded. The statement presents the port as a place where checks happen only 'if needed'. Article 29(1) sets up crossing points at both the port and the airport, so the port is the starting position. Article 29(3) is the exception: checks 'may' be carried out at the airport alone if the volume of port traffic allows an efficient, high and uniform level of control. Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted), paragraph 2.2.2 treats that condition as met where there are no direct ferry connections to a port outside the Schengen area and no cruise ships start or end their itineraries at Gibraltar. The text bears out checks at the airport and port rather than the land border. It reverses the emphasis on the port. The statement's further remark that the Government will keep port checks unnecessary by limiting traffic is a plan and is not graded. The provisions read are Article 29 and paragraphs 2.2.1 to 2.2.3 of Arrangement 4.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 6 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "The operation of border crossing points, the sequencing of checks by Gibraltar and Spain, the use of automated systems and the arrangements for second-line checks are also further defined in this part."
Checked against: "The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall allow the use of automated border control systems at the border crossing points referred to in paragraph 1" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(4)); "Any second line checks must be carried out at the Second Line Checks Area." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(6))
Grade: Under review. The treaty's article on border crossing points covers the crossing points, the order of checks by Gibraltar and Spain, automated border control systems and the second-line checks area. The statement is a list of subjects and says nothing about how far each provision goes, so there is no condition for it to leave out. That article was read in full.
Grade: Under review. Part Two, Title II, Article 29 covers border crossing points (29(1)), the order of checks by Gibraltar and Spain (29(5)), automated border control systems (29(4)) and the Second Line Checks Area (29(6)). The statement is a list of subjects and says nothing about how far each provision goes, so there is no condition for it to leave out. The provisions read in full are Article 29.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 6 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "Separate arrangements in this part ensure that relevant military personnel are exempt from Schengen border checks."
Checked against: "On the conditions specified in paragraph 2 of this Article and subject to compliance with the formalities established in this Agreement relating to entry and exit of members of non-resident United Kingdom Forces or of visiting third-country forces, such persons shall be exempt from passport and visa regulations and the Schengen border checks" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 38(1))
Grade: Incomplete. The treaty does exempt members of UK Forces not resident in Gibraltar, visiting third-country forces and the civilian component from Schengen border checks. The exemption comes with conditions the statement does not mention. The person must have the listed documents (a Ministry of Defence identity card and a movement order) and be registered at the crossing point. The Liaison Officers identify them on arrival or departure under an administrative arrangement. The exemption gives no right of permanent residence in the Schengen area.
Grade: Incomplete. Article 38 does exempt members of non-resident United Kingdom Forces, visiting third-country forces and the civilian component from the Schengen border checks. The exemption comes with conditions the statement does not mention. The person must have the listed documents (a Ministry of Defence identity card and a movement order, Article 38(2) and (5)) and be registered at the crossing point. The Liaison Officers identify them on arrival or departure under an administrative arrangement (38(3)). The exemption gives no right of permanent residence in the Schengen area. The provisions read in full are Article 38.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 6 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "The agreement includes provisions on visa-free travel, residence rights for persons resident in Gibraltar and coordinated procedures for the approval of new or renewed residence permits."
Checked against: "Persons resident in Gibraltar may enter and stay, without a visa for a maximum period of 90 days in any 180-day period, in the territory of Member States applying the Schengen acquis in full." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 41(1)); "A legal right to reside in Gibraltar shall be proven on the basis of a person holding a valid identity card or residence permit issued in Gibraltar" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 45(1)); "Before issuing or renewing a residence permit, the competent authorities of the United Kingdom, in respect of Gibraltar, shall notify the competent authorities of the Kingdom of Spain." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(2))
Grade: Incomplete. The treaty does contain provisions on each subject: visa-free travel, the right to reside in Gibraltar and residence permits. The statement leaves out what the text attaches to them. Visa-free stays are limited to 90 days in any 180-day period in the EU countries that apply the Schengen rules in full, and each EU country may require a visa for paid activity. In the treaty, the term persons resident in Gibraltar leaves out EU citizens and nationals of Iceland, Liechtenstein, Norway and Switzerland, and nationals of Andorra and San Marino once their free movement agreements enter into force. The legal right to reside is proven by a valid identity card or residence permit issued in Gibraltar. On permits, the competent authorities of the UK, for Gibraltar, must notify the competent authorities of Spain before issuing or renewing one; the statement speaks of 'approval', and the treaty speaks of notification. The provisions read are the treaty's rules on who counts as resident, visa-free travel, the right to reside and residence permits.
Grade: Incomplete. The UK-EU Agreement in respect of Gibraltar does contain provisions on each subject: visa-free travel (Article 41), the right to reside in Gibraltar (Article 45) and residence permits (Article 50). The statement leaves out what the text attaches to them. Article 41(1) limits visa-free stays to 90 days in any 180-day period in the EU countries applying the Schengen rules in full, and Article 41(2) lets each EU country require a visa for paid activity. Under Article 26(j) 'persons resident in Gibraltar' excludes EU citizens and nationals of Iceland, Liechtenstein, Norway and Switzerland, and nationals of Andorra and San Marino once their free movement agreements enter into force. Article 45(1) says the legal right to reside is proven by a valid identity card or residence permit issued in Gibraltar. On permits, Article 50(2) requires the competent authorities of the UK, for Gibraltar, to notify the competent authorities of the Kingdom of Spain before issuing or renewing one; the statement speaks of 'approval', and Article 50(2) speaks of notification. The provisions read are Articles 26(j), 41(1) and (2), 45(1) and 50(1) and (2).
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 6 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "These provisions will ensure that residence permits that will allow access to the Schengen area are granted in line with key provisions of EU law designed to protect public safety and security."
Checked against: "The absence of a response by the expiry of the period of 28 days referred to in paragraph 3 shall be considered a positive response." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(4)); "where the competent authorities of the Kingdom of Spain have objected to the issuance of the residence permit in accordance with paragraph 3, they shall be issued a residence permit with territorial validity limited to Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(13)); "that residence permit does not give the holder the right to enter the territory of the Member States." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(6))
Grade: Incomplete. The treaty lets Spain object, within 28 days, to a permit for someone it considers a threat under the Schengen rules, and Gibraltar then must not issue or renew it. The statement leaves out three things the treaty attaches. Silence from Spain within 28 days (which can be extended by up to 14 days) counts as a positive answer. A permit issued despite a Schengen alert does not give the holder the right to enter the EU countries. If Spain objects to issuing a permit to someone posted to UK Forces or to the UK, for Gibraltar, or to a member of their family who is part of their household, they must be given a permit valid only in Gibraltar. The treaty also leaves EU citizens, certain other nationals and their family members, whatever their nationality, out of these steps.
Grade: Incomplete. Article 50(3) lets Spain object, within 28 days, to a permit for someone it considers a threat under the Schengen rules, and Gibraltar then must not issue or renew it. The statement leaves out three things the text attaches. Silence from Spain within 28 days (extendable by up to 14 days) counts as a positive response (Article 50(4)). A permit issued despite a Schengen alert does not give the holder the right to enter the EU countries (Article 50(6)). Persons posted to United Kingdom Forces or to the UK, for Gibraltar, and their family members forming part of their household, where Spain has objected to issuing their permit, must be given a permit valid only in Gibraltar (Article 50(13)). Article 50(12) also excludes EU citizens, certain other nationals and their family members, whatever their nationality, from these steps. The provisions read are Articles 50 to 52.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 6 (Government Statement on the laying of the draft agreement (giving the Chief Minister's own account of the residence provisions))
The words: "any rules on residence do not apply to Gibraltarians... is a matter exclusively for Gibraltar, without any requirement to check against any European system"
Checked against: "The United Kingdom, in respect of Gibraltar, shall ensure that any identity card or residence permit issued in Gibraltar is issued only to a person who meets the conditions for entitlement to such identity card or residence permit set out in the legislation in force on the date of entry into force of this Agreement." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 45(2)); "persons having the legal right to reside in Gibraltar irrespective of their nationality, with the exception of Union citizens and nationals of Iceland" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 26(j) (definition of 'persons resident in Gibraltar')); "shall regularly, and at a minimum, every three months, provide such a risk assessment to the Kingdom of Spain." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 46(1))
Grade: Incomplete. The treaty's steps for residence permits apply to residence permits, not to identity cards, so they do not reach registered Gibraltarians in that way. The statement leaves out other provisions that do apply to persons resident in Gibraltar, a group defined to include anyone with a legal right to reside there whatever their nationality. The treaty allows identity cards to be issued only to people who meet the conditions in the law in force when the treaty enters into force. It requires the UK, for Gibraltar, to tell the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) of proposed changes, and sets limits on them (for example 10 years' continuous residence for a card based on earlier residence). It requires a risk assessment to be given to Spain at least every three months and lets Spain, where it considers a person resident in Gibraltar a sufficiently serious threat to public policy or internal security, public health or its international relations, notify a ban on that person travelling to the EU countries that apply the Schengen rules in full; the rule does not apply to family members of EU citizens, of any nationality, who come within the EU's free-movement rules for citizens' families, or to family members, of any nationality, of nationals of Iceland, Liechtenstein, Norway, Switzerland, Andorra and San Marino, where agreements made by the EU give those family members free-movement rights equivalent to those of EU citizens' family members. So 'any rules on residence' and 'exclusively for Gibraltar' read wider than the text. The provisions read are listed in the texts.
Grade: Incomplete. The residence-permit steps in Articles 50 to 52 apply to residence permits, not to identity cards, so they do not reach registered Gibraltarians in that way. The statement leaves out other provisions that do apply to persons resident in Gibraltar, a group defined to include anyone with a legal right to reside there whatever their nationality (Article 26(j)). Article 45(2) allows identity cards to be issued only to people who meet the conditions in the legislation in force at entry into force. Article 45(4) requires the UK, for Gibraltar, to tell the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) of proposed changes, and sets limits on them (for example 10 years' continuous residence for a card based on prior residence). Article 46 requires a risk assessment to be given to Spain at least every three months and lets Spain, where it considers a person resident in Gibraltar a sufficiently serious threat to public policy or internal security, public health or its international relations, notify a prohibition on that person travelling to the EU countries that apply the Schengen rules in full; Article 46(4) excludes the family members it lists. So 'any rules on residence' and 'exclusively for Gibraltar' read wider than the text. The provisions read are Articles 26, 45, 46 and 50 to 52.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 6 (Government Statement on the laying of the draft agreement (giving the Chief Minister's own account of the residence provisions))
The words: "The issue of residence permits for foreign nationals seeking to reside in Gibraltar will also remain under Gibraltar law, exclusively a matter for the Gibraltar authorities."
Checked against: "The competent authorities of the United Kingdom, in respect of Gibraltar, shall be responsible for issuing or renewing residence permits in respect of Gibraltar. Such residence permits may only be issued or renewed, where the relevant conditions under Article 45 are fulfilled." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(1)); "In that case, the competent authorities of the United Kingdom, in respect of Gibraltar, shall not issue or renew the residence permit" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(3))
Grade: Contradicted. The treaty makes the competent authorities of the UK, for Gibraltar, responsible for issuing and renewing residence permits, but it does not leave the matter only to them. They must first notify Spain’s competent authorities. They must not issue or renew the residence permit where Spain objects on the grounds the treaty sets out. They must withdraw the residence permit without delay where Spain asks for it. All of this sits within the conditions set by the legislation in force when the treaty enters into force. The statement was made on 26 February 2026 about the draft treaty laid that day; it is graded against the signed text, and the draft laid that day carried the same rules to the same effect.
Grade: Contradicted. Article 50(1) makes 'the competent authorities of the United Kingdom, in respect of Gibraltar' responsible for issuing and renewing residence permits, but the same Article does not leave the matter exclusively to them. They must first notify the competent authorities of the Kingdom of Spain (Article 50(2)). They 'shall not issue or renew the residence permit' where Spain objects on the grounds stated in Article 50(3). They 'shall withdraw the residence permit without delay' where Spain asks for it (Article 50(5)). All of this sits within the conditions set by the legislation in force when the UK-EU Agreement in respect of Gibraltar enters into force (Article 45(2)). The statement was made on 26 February 2026 about the draft UK-EU Agreement in respect of Gibraltar laid that day; it is graded against the signed text, and the draft laid that day carried the same rules (Articles 45(2) and 50(1), (2), (3) and (5)) to the same effect. The provisions read are Articles 45(2) and 50(1), (2), (3) and (5).
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 6 (Government Statement on the laying of the draft agreement (giving the Chief Minister's own account of the residence provisions))
The words: "We will nonetheless now agree, under this part of the Treaty, to a consultation with the Schengen authorities in respect of foreign nationals seeking to reside in Gibraltar... The right to seek to prevent the grant of a future residence permit or the renewal of an existing one is not, Madam Speaker, a veto. It is subject to the individual's right of appeal"
Checked against: "the competent authorities of the Kingdom of Spain may inform the competent authorities of the United Kingdom, in respect of Gibraltar, of their objection to the issuance or renewal of a residence permit where the applicant is considered, in accordance with the Schengen acquis, to be a threat to public policy" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(3)); "In that case, the competent authorities of the United Kingdom, in respect of Gibraltar, shall not issue or renew the residence permit, and shall inform the applicant of the outcome" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(3)); "inform the applicant of: (a) their decision to object to the issuing or renewing of a residence permit;" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(3)(a)); "(c) the appropriate remedies in accordance with national and Union law." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(3)(c))
Grade: Under review. The statement calls the step a "consultation" that is "not a veto" and "subject to the individual's right of appeal". The treaty does not frame it as a consultation. Spain may object, and if it does the UK, for Gibraltar, must not issue or renew the permit. There is no step in which Gibraltar can issue the permit despite the objection. The treaty does give the applicant, on request, the decision, the grounds and the appropriate remedies under national and EU law. So an individual remedy exists. The text does not say that a remedy suspends the objection. The words are not false, but they present a binding objection as a consultation. The provisions read are two clauses of the treaty on this point.
Grade: Under review. The statement calls the step a 'consultation' that is 'not a veto' and 'subject to the individual's right of appeal'. Article 50(3) is not framed as a consultation. Spain may object, and if it does Gibraltar 'shall not issue or renew' the permit. There is no step in which Gibraltar can issue the permit despite the objection. The text does give the applicant, on request, the decision, the grounds and 'the appropriate remedies in accordance with national and Union law' (50(3)(a) to (c)). So an individual remedy exists. The text does not say that a remedy suspends the objection. The words are not false, but they present a binding objection as a consultation. The provisions read are Articles 50 and 52(3).
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 6 (Government Statement on the laying of the draft agreement (giving the Chief Minister's own account of the residence provisions))
The words: "We shall do it, Madam Speaker, through Spain as the neighbouring Member State because we do not otherwise have access to the Schengen Information System. It is, in effect, Madam Speaker, a consultation with the SISSISThe Schengen Information System: the shared alert database (wanted persons, missing persons, entry bans, stolen documents), checked at every Schengen border. database"
Checked against: "Under this Agreement, the competent authorities of the United Kingdom, in respect of Gibraltar, shall have no access to information systems and databases established on the basis of Union law." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 31); "where the applicant is considered, in accordance with the Schengen acquis, to be a threat to public policy1, internal security, public health or the international relations of a Member State, including on the basis of an alert issued in the Schengen Information System." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(3))
Grade: Incomplete. The treaty confirms that the UK's authorities for Gibraltar have no access to EU databases, and it routes the check through Spain, so that part is borne out. Describing the step as 'a consultation with the SIS database' is narrower than the text. Spain's objection may rest on the Schengen Information System, but the treaty says Spain may object where, under the Schengen rules, the applicant is considered a threat to public policy, internal security, public health or the international relations of an EU country, including on the basis of an alert. It is not limited to database entries.
Grade: Incomplete. Article 31 confirms that the UK's authorities for Gibraltar have no access to EU databases, and Article 50 routes the check through Spain, so that part is borne out. Describing the step as 'a consultation with the SIS database' is narrower than the text. Spain's objection under Article 50(3) may rest on the Schengen Information System, but the text says the objection may be made where the applicant is considered, 'in accordance with the Schengen acquis', a threat to public policy, internal security, public health or the international relations of an EU country, 'including' on the basis of an alert. It is not limited to database entries. The provisions read are Articles 31 and 50.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 6 (Government Statement on the laying of the draft agreement (giving the Chief Minister's own account of the residence provisions))
The words: "On public health and public security, the terminology speaks for itself. The person must be known to create a danger to public health or a danger to public security."
Checked against: "where the applicant is considered, in accordance with the Schengen acquis, to be a threat to public policy1, internal security, public health or the international relations of a Member State, including on the basis of an alert issued in the Schengen Information System." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(3))
Grade: Shaded. The statement gives the test as the person being "known to create a danger". The treaty uses a different and wider test: the applicant is considered, under the Schengen rules, to be a threat to public policy, internal security, public health or the international relations of an EU country, including on the basis of an alert in the Schengen Information System. The statement does not mention the international relations ground, or that the test is whether the applicant is considered a threat.
Grade: Shaded. The statement gives the test as the person being 'known to create a danger'. Article 50(3) uses a different and wider formula: the applicant is 'considered, in accordance with the Schengen acquis, to be a threat' to public policy, internal security, public health 'or the international relations of a Member State', including on the basis of an alert in the Schengen Information System. The statement does not mention the 'international relations' ground or the word 'considered'. The provisions read are Article 50(3), 50(5) and Article 52(3).
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 7 (Government Statement on the laying of the draft agreement (giving the Chief Minister's own account of the residence provisions))
The words: "that is specifically provided for in the Treaty as the relevant footnote sets out by spelling out what the Court of Justice of the European Union has said: namely that measures taken on the grounds of public policy shall be proportionate and shall be based exclusively on the personal conduct of the individual concerned, which must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society."
Checked against: "Measures taken on the grounds of public policy shall be proportionate and shall be based exclusively on the personal conduct of the individual concerned, which must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(3), footnote 1 (repeated in Article 52(3), footnote 1))
Grade: Under review. A footnote in the treaty, attached to the words public policy, says exactly this. It limits the public-policy ground to measures that are proportionate, based only on the person's own conduct, and aimed at a genuine, present and serious enough threat to a basic interest of society. The statement applies it to public policy only, as the footnote does. The footnote does not name the Court of Justice of the European Union; the statement presents the wording as what the Court has said, which the text does not state, so the words read wider than the text on that point. The provisions read are the two provisions of the treaty that carry this footnote, each with its footnote.
Grade: Under review. Footnote 1 to Article 50(3), attached to the words 'public policy', says exactly this. It limits the public-policy ground to measures that are proportionate, based only on the person's own conduct, and aimed at a genuine, present and sufficiently serious threat to a fundamental interest of society. The statement applies it to public policy only, as the footnote does. The footnote does not name the Court of Justice of the European Union; the statement presents the wording as what the Court has said, which the text does not state, so the words read wider than the text on that point. The provisions read are Article 50(3) with its footnote 1 and Article 52(3) with its footnote 1.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 7 (Government Statement on the laying of the draft agreement (giving the Chief Minister's own account of the residence provisions))
The words: "If we wanted to, we could of course grant such a permit, although that would breach the Treaty and it would bring consequences if not resolved via the dispute resolution aspects of it."
Checked against: "In that case, the competent authorities of the United Kingdom, in respect of Gibraltar, shall not issue or renew the residence permit" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(3)); "the complaining Party may deliver a written notification to the respondent Party that it intends to suspend the application of obligations under the covered provisions" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 316(2))
Grade: Verified. The treaty says the UK, for Gibraltar, must not issue or renew the permit once Spain objects, so granting it would go against the treaty. The treaty's rules on settling disputes cover this provision: they leave out only the provision on sovereignty, two whole titles and certain provisions of one other part of the treaty, and this provision is not among them. Those rules provide for consultations, then arbitration, then measures to comply and, if the failure to comply continues, temporary compensation or suspension of obligations. The statement's condition, if the matter is not resolved through the dispute settlement steps, matches this sequence. The treaty provisions on the objection and on each of these steps were read; no condition, exception or limit in them is left out of the statement.
Grade: Verified. Article 50(3) says Gibraltar 'shall not issue or renew' the permit once Spain objects, so granting it would be contrary to the UK-EU Agreement in respect of Gibraltar. The covered provisions of Part Six include Article 50 (Article 301(2) excludes only Article 2, Title II of Part One, Title V of Part Two and certain Part Three provisions). Part Six provides consultations (Article 304), arbitration (Article 305), compliance measures (Article 313) and, if non-compliance continues, temporary compensation or suspension of obligations (Article 316). The statement's 'if not resolved via the dispute resolution aspects' matches this sequence. The provisions read are Articles 50(3), 301 to 305, 313 and 316; no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 18 (reply to Members' questions on the Government Statement)
The words: "in particular that the ID card will not have to change because there has been a lot of concern expressed."
Checked against: "A legal right to reside in Gibraltar shall be proven on the basis of a person holding a valid identity card or residence permit issued in Gibraltar by the competent authorities of the United Kingdom, in respect of Gibraltar, and subject to the conditions set out in this Article." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 45(1))
Grade: Incomplete. The treaty accepts a valid identity card or residence permit issued in Gibraltar as proof of the legal right to live there, and nothing in the texts read requires the identity card itself to change. The statement leaves out that this is subject to the conditions the treaty sets: a card is issued only to a person who meets the conditions in the law in force when the treaty enters into force. The treaty also sets the EU uniform format for residence permits.
Grade: Incomplete. Article 45(1) accepts 'a valid identity card or residence permit issued in Gibraltar' as proof of the legal right to reside, and nothing in the texts read requires the identity card itself to change. The statement leaves out that this is 'subject to the conditions set out in this Article': under Article 45(2) a card is issued only to a person who meets the conditions in the legislation in force when the UK-EU Agreement in respect of Gibraltar enters into force. Article 50(7) sets the EU uniform format for residence permits. The provisions read are Articles 45(1) and (2) and 50(7).
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 18 (reply to Members' questions on the Government Statement)
The words: "Those will become residence permits.... but in future we anticipate that a new residence permit will be issued to all of those individuals"
Checked against: "Residence permits issued by the competent authorities of the United Kingdom, in respect of Gibraltar, prior to the date of entry into force of this Agreement shall remain valid for a period of two calendar years after that date or until their expiration date, whichever comes first." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 52(1)); "may, on the basis of checks on such persons in the relevant Union, national and international databases, including the Schengen Information System request the competent authorities of the United Kingdom, in respect of Gibraltar, to withdraw a residence permit" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 52(3))
Grade: Incomplete. The treaty provides that permits issued before it enters into force stay valid for two calendar years after that date or until they expire, whichever comes first. That fits the statement that the existing cards will suffice 'for now' and that new permits will follow. The statement leaves out the two-year limit, and that Spain may, after checks in EU databases, ask Gibraltar to withdraw an existing permit (the UK, for Gibraltar, must then withdraw it, with a right of appeal in a national court). EU citizens and certain other nationals are exempt from that step. Whether the Civilian Registration Card counts as a residence permit for these purposes depends on Gibraltar law, which is not in the held texts.
Grade: Incomplete. Article 52(1) provides that permits issued before entry into force stay valid for two calendar years after that date or until their expiry date, whichever comes first. That fits the statement that the existing cards will suffice 'for now' and that new permits will follow. The statement leaves out the two-year limit, and Article 52(3), which lets Spain, after checks in EU databases, ask Gibraltar to withdraw an existing permit (the UK, for Gibraltar, must then withdraw it, with a right of appeal in a national court). Article 52(4) exempts EU citizens and certain other nationals from that step. Whether the Civilian Registration Card counts as a 'residence permit' for these purposes depends on Gibraltar law, which is not in the held texts. The provisions read are Articles 50 to 52.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 7 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "the majority of goods destined for Gibraltar will be cleared by EU customs officers in Spain, as they are today, so they can return to Gibraltar without further checks."
Checked against: "The Union shall be authorised to carry out, on behalf of the competent authorities of the United Kingdom, in respect of Gibraltar, customs clearance formalities necessary for the release for free circulation of non-Union goods presented at a designated customs post" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 21, Article 1(1)); "of which there shall be no fewer than three and which shall be located in the Kingdom of Spain" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 21, Appendix 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:" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 247(1))
Grade: Incomplete. The treaty does have the EU carry out customs clearance of goods bound for Gibraltar at designated customs posts, and says there will be at least three, located in Spain (La Línea de la Concepción, Algeciras and a third). The statement leaves out that this is the arrangement only until the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) adopts the decision the treaty provides for and that decision takes effect, after which the EU law listed in the treaty applies from the date the decision sets and border control posts and customs offices operate, and are controlled as that decision sets out, at Gibraltar’s port and airport, with competent authorities within the EU designated. The treaty sets out the position in the meantime. The words ‘the majority of goods’ and ‘as they are today’ are not in the text and are not graded.
Grade: Incomplete. Annex 21 does have the EU carry out customs clearance of goods bound for Gibraltar at designated customs posts, and Appendix 1 says there will be at least three, located in Spain (La Línea de la Concepción, Algeciras and a third). The statement leaves out that this is the arrangement only until the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) adopts the decision in Article 247(1) and that decision takes effect, after which EU law listed in Annex 20 applies from the date the decision sets and border control posts and customs offices operate, and are controlled as that decision sets out, at Gibraltar's port and airport, with competent authorities within the EU designated. Article 247(3) and (5) set out the interim position. The words 'the majority of goods' and 'as they are today' are not in the text and are not graded. The provisions read are Articles 246 to 248 and Annex 21, Articles 1 and 2 and Appendix 1.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 7 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "The agreement establishes a bespoke customs model between Gibraltar and the European Union, removing tariffs, duties and... of goods moving between them"
Checked against: "A customs union between the Union and the United Kingdom, in respect of Gibraltar, is hereby established in accordance with the provisions set out under this Chapter." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 240); "Quantitative restrictions on imports or exports and all measures having equivalent effect shall be prohibited between the Union and Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 244); "Nothing in Titles I and II of this Part shall be construed as preventing a Party from adopting or maintaining measures compatible with Article XX of the General Agreement on Tariffs and Trade 1994" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 287(1))
Grade: Incomplete. The treaty sets up a customs union between the EU and the UK, for Gibraltar, and bars customs duties and limits on quantities between them, so the core of the statement is borne out. It leaves out the limits the text attaches. The treaty keeps each side's right to adopt or keep measures allowed under the general exceptions of the 1994 world trade rules on goods (GATT 1994), and it keeps the formalities, checks and controls that the two sides may carry out to apply its rules on goods. Customs duties on goods from outside the customs union continue. The word 'bespoke' is a description and is not graded. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 240 establishes a customs union between the EU and the UK, for Gibraltar; Article 243 bars customs duties between them and Article 244 bars quantitative restrictions between them, so the statement's core is borne out. It leaves out the limits the text attaches. Article 287(1) preserves each Party's right to adopt or maintain measures compatible with Article XX of the GATT 1994 (the general exceptions), and Article 246(1) keeps formalities, checks and controls that the Parties may carry out to apply the Title. Customs duties on goods from outside the customs union continue (see Annex 21, Article 1(3)). The word 'bespoke' is a description and is not graded. The provisions read are Articles 240 to 249 and 287.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 7 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "for example by establishing an independent state aid regime"
Checked against: "Each Party shall establish or maintain an operationally independent authority or body with an appropriate role in its State aid control system." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 205(1)); "This Chapter and Annex 18 shall apply to state aid granted by the United Kingdom, in respect of Gibraltar, to one or more economic actors that:" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 201(1))
Grade: Shaded. The treaty requires each side to set up or keep an authority or body that is independent in its operations and has a suitable role in its state aid control system. That is an independent authority inside a control system whose rules are set by the treaty's state aid chapter and an annex to the treaty, and the treaty leaves certain aid out (agriculture, fish products, audio-visual). 'An independent state aid regime' reads as if the whole regime were independent. The text makes the authority independent in its operations and leaves the rules themselves in the treaty.
Grade: Shaded. Article 205(1) requires each Party to establish or maintain 'an operationally independent authority or body with an appropriate role in its State aid control system'. That is an independent authority inside a control system whose rules are set by Chapter 2 (Articles 201 to 210) and Annex 18, and Article 202 excludes certain aid (agriculture, fish products, audio-visual). 'An independent state aid regime' reads as if the whole regime were independent. The text makes the authority independent in its operations and leaves the substantive rules in the UK-EU Agreement in respect of Gibraltar. The provisions read are Articles 201 to 205.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 7 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "the agreement contains an aviation chapter that will provide new economic opportunities for the region by enabling flights between Gibraltar and the EU"
Checked against: "Air transport services between Gibraltar airport and points in the Union territory may be provided only by air carriers of the Union or by air carriers authorised under Union law. These services shall be provided in accordance with Union law." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 272(2))
Grade: Incomplete. The treaty provides for air services between Gibraltar airport and places in the EU, so it does make such flights possible. The statement leaves out the conditions the text attaches: only EU airlines, or airlines authorised under EU law, may provide them, and they must be provided in line with EU law. The treaty also bars airlines that are under an EU operating ban or subject to either side's restrictive measures. The phrase 'new economic opportunities' is a forecast and is not graded. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 272(2) provides for air transport services between Gibraltar airport and points in the EU, so the UK-EU Agreement in respect of Gibraltar does enable such flights. The statement leaves out the conditions the text attaches: only air carriers of the EU, or carriers authorised under EU law, may provide them, and they must be provided in accordance with EU law. Article 273(8) and (9) also bar carriers that are under an EU operating ban or subject to either Party's restrictive measures. The phrase 'new economic opportunities' is a forecast and is not graded. The provisions read are Articles 271 to 275.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 7 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "A joint venture company will be established between... and Spain to select, through regular public tender, and supervise the commercial company in charge of... and Gibraltar will incorporate a small number of EU civil aviation rules into our domestic regime."
Checked against: "A joint venture company shall be constituted under the shared responsibility of the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain. The joint venture company shall not be constituted in either State sharing responsibility for the joint venture company and shall be constituted in a Member State." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 274(1)); "In the area of airport charges, ground handling, slots, disabled persons and persons with reduced mobility, the provisions contained in the acts listed in the Annex 25 shall apply to Gibraltar airport." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 273(3))
Grade: Incomplete. The treaty provides for a joint venture company under the shared responsibility of the UK, for Gibraltar, and Spain that chooses, by public tender, and supervises the company running the airport. The treaty applies four EU acts it lists, on slots, ground handling, airport charges and passengers with reduced mobility, to Gibraltar airport. The statement leaves out three things. The joint venture company is set up in an EU country, not in Gibraltar or Spain. Later EU acts that amend, replace or supplement the listed ones, or concern the same subject, also apply, not only the listed ones, under a procedure in which the EU notifies them to the UK, for Gibraltar, which says within 30 days whether it accepts them and will put them into its law. And the treaty sets safety, security and air-navigation levels equivalent to those at civil airports that apply the rules of the International Civil Aviation Organization (ICAO). The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 274(1) provides for a joint venture company under the shared responsibility of the UK, for Gibraltar, and Spain that selects, by public tender, and supervises the company running the airport. Article 273(3) applies the acts listed in Annex 25 (four acts on slots, ground handling, airport charges and passengers with reduced mobility) to Gibraltar airport. The statement leaves out three things. The joint venture company is constituted in an EU country, not in Gibraltar or Spain (274(1)). Later EU acts that amend, replace, supplement or concern the same subject also apply, under the conditions in Article 273(5) and (6) (the EU notifies the UK, for Gibraltar, which says within 30 days whether it accepts the act and will put it into its law; within 30 days of the EU's notice the later act applies under these rules; the text does not say what happens if the UK, for Gibraltar, does not accept it), not only the listed ones. And Article 273(1) and (2) set safety, security and air-navigation levels equivalent to those at civil airports applying ICAO provisions. The provisions read are Articles 271 to 275 and Annex 25.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 7 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "The RAF base at the airfield is not in the scope of the agreement."
Checked against: "'Gibraltar airport' means the airport located in the isthmus of Gibraltar1 in in respect of the services which are the subject of the joint venture referred to in Article 274." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 271(d)); "The UK Ministry of Defence will be consulted on the terms of establishment of the joint venture company for the purposes of ensuring defence equities are out of scope." (Concordat concerning the implementation of the UK-EU Agreement in respect of Gibraltar, Responsibilities)
Grade: Shaded. The UK-Gibraltar Concordat says the Ministry of Defence will be consulted on the terms for setting up the joint venture company so that defence interests (defence equities) are out of scope, and the treaty defines Gibraltar airport only in respect of the services that are the subject of the joint venture. That joint venture chooses, through regular public tender, and supervises the commercial company in charge of the day-to-day management of Gibraltar airport. These provisions concern the joint venture, not the treaty as a whole. The treaty applies to the territory of Gibraltar, and the texts read name no exception for the RAF base. The statement, which speaks of the scope of the agreement, therefore reads wider than the texts.
Grade: Shaded. The UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar says the Ministry of Defence will be consulted on the terms of establishment of the joint venture company 'for the purposes of ensuring defence equities are out of scope', and Article 271(d) defines 'Gibraltar airport' only in respect of the services that are the subject of the joint venture referred to in Article 274. Under Article 274(1) that joint venture selects, through regular public tender, and supervises 'the commercial company in charge of the day-to-day management of Gibraltar airport'. These provisions concern the joint venture, not the treaty as a whole. Under Article 328 the treaty applies to 'the territory of Gibraltar', and the texts read name no exception for the RAF base. The statement, which speaks of the scope of the agreement, therefore reads wider than the texts. The provisions read are Articles 271(d), 274(1) and 328 and the Concordat's section on responsibilities.
What would settle it: Which provision of the treaty, or which official explanatory document, states that the military airfield (the RAF base) is outside the scope of the treaty as a whole? (Question 2.69 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 7 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "In addition to aviation there are chapters covering maritime and road transport services between Gibraltar and the EU."
Checked against: "CHAPTER 2 – ROAD TRANSPORT" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), table of contents, Part Three, Title III); "CHAPTER 3 – MARITIME TRANSPORT" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), table of contents, Part Three, Title III)
Grade: Verified. The treaty's title on transport has three chapters: aviation, road transport and maritime transport. The statement says only that chapters on road and maritime transport exist, and they do. The detail of those chapters (for example, that road haulage between the territories is limited to the adjoining frontier zone within the EU) is not claimed or denied. The contents list and all the provisions of the road and maritime chapters were read; no condition, exception or limit in them is left out of the statement, which says only that the chapters exist.
Grade: Verified. Part Three, Title III has three chapters: Aviation, Road Transport (Articles 276 to 285) and Maritime Transport (Article 286). The statement says only that chapters on road and maritime transport exist, and they do. The detail of those chapters (for example, that road haulage between the territories is limited to the contiguous frontier zone within the EU, Article 276(1)) is not claimed or denied. The provisions read are the contents list and Articles 276 to 286; no condition, exception or limit in them is left out of the statement, which says only that the chapters exist.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 7 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "The agreement also includes provisions on labour standards, taxation and sustainability,... protection, climate commitments and state aid control."
Checked against: "CHAPTER 4 – LABOUR AND SOCIAL STANDARDS" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), table of contents, Part Three, Title I); "CHAPTER 5 – ENVIRONMENT AND CLIMATE" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), table of contents, Part Three, Title I); "CHAPTER 2 – STATE AID CONTROL" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), table of contents, Part Three, Title I); "CHAPTER 3 – TAXATION" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), table of contents, Part Three, Title I)
Grade: Under review. One title of the treaty has chapters on state aid control, taxation, labour and social standards, and environment and climate. The statement lists subjects and says nothing about how far the provisions go, so there is no condition for it to leave out. The provisions read are the contents list and the headings of the seven chapters of that title.
Grade: Under review. Part Three, Title I has chapters on state aid control (Chapter 2), taxation (Chapter 3), labour and social standards (Chapter 4) and environment and climate (Chapter 5). The statement lists subjects and says nothing about how far the provisions go, so there is no condition for it to leave out. The provisions read are the contents list and the headings of Chapters 1 to 7.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 7 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "Part 4 of the agreement defines the rights of workers who live in one territory and work in another"
Checked against: "This Part shall apply to the following persons: (a) Union citizens legally residing in the Kingdom of Spain; (b) United Kingdom nationals legally residing in Gibraltar; and" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 291(1)); "are employed frontier workers." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 291(2))
Grade: Incomplete. The treaty does set out rights for frontier workers. It limits who is covered: EU citizens legally living in Spain, UK nationals legally living in Gibraltar, and certain family members. It defines employed frontier workers as covered people who work in the other territory and return at least once a week. The statement says 'workers who live in one territory and work in another' and does not mention these limits, so it reads wider than the text. For example, a worker who lives in Spain but is not an EU citizen is not covered.
Grade: Incomplete. Part Four does set out rights for frontier workers. Article 291(1) limits who is covered: EU citizens legally residing in Spain, UK nationals legally residing in Gibraltar, and certain family members. Article 291(2) defines employed frontier workers as covered persons who work in the other territory and return at least once a week. The statement says 'workers who live in one territory and work in another' and does not mention these limits, so it reads wider than the text. For example, a worker who lives in Spain but is not an EU citizen is not within Article 291(1). The provisions read are Articles 291 to 298.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 8 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "The parties to this will contribute to this mechanism by funding initiatives such as education and training."
Checked against: "The Cooperation Council shall establish a financial mechanism to promote cohesion between Gibraltar and the contiguous frontier zone, including on matters of training and employment." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 299(1)); "Both Parties should provide funding for the mechanism referred to in paragraph 1." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 299(2))
Grade: Shaded. The statement says the two sides "will contribute". The treaty says both sides should provide funding, which is weaker than saying they shall or will. It says the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) shall set up the mechanism, including on matters of training and employment. It does not name education. The text bears out a mechanism and training; the statement turns a should into a will and names "education".
Grade: Shaded. The statement says the parties 'will contribute'. Article 299(2) says 'Both Parties should provide funding', which is a weaker word than 'shall' or 'will'. Article 299(1) says the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) shall establish the mechanism 'including on matters of training and employment'. It does not name education. The text is accurate about a mechanism and about training; the statement turns a 'should' into a 'will' and names 'education'. The provisions read are the whole of Part Five (Article 299).
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 8 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "including a process of consultation between the parties and referral to an independent arbitration tribunal."
Checked against: "the Parties shall endeavour to resolve the matter by entering into consultations in good faith, with the aim of reaching a mutually agreed solution." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 304(1)); "The complaining Party may request the establishment of an arbitration tribunal if:" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 305(1))
Grade: Incomplete. The treaty's part on settling disputes provides for consultations and, if they fail, a request to set up an arbitration tribunal, with requirements for the arbitrators. It then provides for steps to comply, compensation and suspension of obligations, which must not exceed the harm caused. So consultation and referral to an arbitration tribunal exist, as the statement says. The statement leaves out the limits on which disputes this part covers: it excludes a number of named articles, titles and provisions of the treaty; it excludes individual cases under the protocol on social security coordination; and it does not apply to disputes on sovereignty and jurisdiction, on which the tribunal must declare that it has no jurisdiction. The provisions read are listed in the texts.
Grade: Incomplete. Part Six provides for consultations (Article 304) and, if they fail, a request to establish an arbitration tribunal (Articles 305 and 306), with requirements for the arbitrators (Article 307). It then provides compliance measures, compensation and suspension of obligations that must not exceed the harm caused (Articles 313 to 316(4)). So consultation and referral to an arbitration tribunal exist, as the statement says. The statement leaves out the limits on which disputes the Part covers: Article 301(2) excludes Article 2, Title II of Part One, Title V of Part Two and certain Part Three provisions; Article 301(5) excludes individual cases under the Social Security Coordination Protocol; and Article 301(6) says the Part does not apply to disputes on sovereignty and jurisdiction, on which the tribunal must declare that it has no jurisdiction. The provisions read are Articles 300 to 327.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 8 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "The territorial scope of the agreement makes clear that it applies to the territory of Gibraltar and not the wider United Kingdom."
Checked against: "(b) the territory of Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 328(b)); "Any reference to the "United Kingdom" in this Agreement or any supplementing agreement shall be understood as referring to the United Kingdom as the State being responsible for the external relations of Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 3(3))
Grade: Incomplete. The treaty says it applies to the territories to which the EU Treaties apply, and to the territory of Gibraltar. It does not extend to any other territory of the UK, and the treaty reads its references to the UK as references to the UK in its role as the country responsible for Gibraltar's external relations. The statement is right about the UK side: the treaty lists only Gibraltar. What it leaves out is that the treaty applies also to the territories to which the EU Treaties apply. The text does not use the words 'the wider United Kingdom'; that is the speaker's description of the territory outside Gibraltar.
Grade: Incomplete. Article 328 says the UK-EU Agreement in respect of Gibraltar applies to the territories to which the EU Treaties apply, and to 'the territory of Gibraltar'. It does not extend to any other territory of the UK, and Article 3(3) reads references to the UK as references to it in its role as the State responsible for Gibraltar's external relations. The statement is right about the UK side: Article 328 lists only Gibraltar. What it leaves out is that the treaty applies also to the territories to which the EU Treaties apply (Article 328(a)). The text does not use the words 'the wider United Kingdom'; that is the speaker's description of the territory outside Gibraltar. The provisions read are Articles 3(3) and 328 to 330.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 7 (Government Statement on the laying of the draft agreement (the Chief Minister's own addition to the UK summary))
The words: "as a result of this Treaty we are now able to move to equalisation of the pensionable age between men and women at the... age of 60 in Gibraltar."
Checked against: No held text settles this. The treaty, the seven arrangements and the Treaty on Gibraltar and the European Union Act 2026 were searched; no provision on the point was found.
Grade: Untested. The treaty, its annexes and protocols, the seven administrative arrangements between the UK, for Gibraltar, and Spain and Gibraltar's 2026 Act that brings the treaty into Gibraltar law were searched for equalisation of the pensionable age; no provision on it was found. The treaty's social security protocol deals with how periods and benefits are counted across the two territories. It does not set a pensionable age for Gibraltar. An explanation from the Government of the provision that makes equalisation possible, or the Treaty on Gibraltar and the European Union Bill 2026 itself, would settle it.
Grade: Untested. The UK-EU Agreement in respect of Gibraltar, its annexes and protocols, the seven administrative arrangements between the UK, for Gibraltar, and Spain (Arrangements to ) and the Treaty on Gibraltar and the European Union Act 2026 were searched for equalisation of the pensionable age; no provision on it was found. The Protocol on Social Security Coordination deals with how periods and benefits are counted across the two territories. It does not set a pensionable age for Gibraltar. An explanation from the Government of the provision that makes equalisation possible, or the Treaty on Gibraltar and the European Union Bill 2026 itself, would settle it.
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.
What would settle it: Which provision of the treaty or of the Protocol on Social Security Coordination makes it possible for Gibraltar to equalise the pensionable age for men and women at 60? (Question 2.70 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 17 (reply to Members' questions on the Government Statement)
The words: "The administrative arrangements here will be between the United Kingdom in respect of Gibraltar and the Kingdom of Spain. They will not be between the UK and the EU."
Checked against: "Administrative arrangements between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set out the practical arrangements concerning the performance of the duties of the competent authorities of the Kingdom of Spain" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(6)); "shall be the subject of working arrangements in accordance with Article 23(4) of the Europol Regulation and administrative arrangements in accordance with Article 25(1) of the Europol Regulation concluded between Europol and the competent authorities of the United Kingdom." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 86(1))
Grade: Incomplete. Most of the administrative arrangements the treaty names are between the UK, for Gibraltar, and Spain (several provisions of the treaty say so), and the seven administrative arrangements between the UK, for Gibraltar, and Spain that are held are signed by those two. The statement says none will be between the UK and the EU. The treaty provides for working and administrative arrangements between Europol, an EU agency, and the competent authorities of the UK. It also lets an existing arrangement under the UK-EU Trade and Cooperation Agreement apply to Gibraltar instead. The statement leaves this out. Every provision of the treaty's first volume that mentions an administrative arrangement was read.
Grade: Incomplete. Most of the administrative arrangements the UK-EU Agreement in respect of Gibraltar names are between the UK, for Gibraltar, and Spain (for example Articles 7, 29(3), 29(10), 33(6), 55, 56), and the seven administrative arrangements between the UK, for Gibraltar, and Spain (Arrangements to ) held are signed by those two. The statement says none will be between the UK and the EU. Article 86(1) provides for working and administrative arrangements between Europol, an EU agency, and the competent authorities of the UK. Article 86(2) lets an existing arrangement under the Trade and Cooperation Agreement apply to Gibraltar instead. The statement leaves this out. Every provision of Volume I that mentions an administrative arrangement was read.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 17 (reply to Members' questions on the Government Statement)
The words: "For Spain these arrangements are binding international law. For the United Kingdom they are more in the nature of MOUs."
Checked against: No held text settles this. The treaty, the seven arrangements and the Treaty on Gibraltar and the European Union Act 2026 were searched; no provision on the point was found.
Grade: Untested. The seven administrative arrangements between the UK, for Gibraltar, and Spain that are held say that they are made under the treaty and subject to its principles, and refer to the treaty's sovereignty clause. None states whether it is legally binding, and none uses the term memorandum of understanding. The treaty refers to them as administrative arrangements. A statement by the UK or Spanish Government on the legal status of the arrangements, or their treaty registration, would settle it.
Grade: Untested. The seven administrative arrangements between the UK, for Gibraltar, and Spain (Arrangements to ) held say that they are made under the UK-EU Agreement in respect of Gibraltar and subject to its principles, and refer to the treaty's sovereignty clause. None states whether it is legally binding, and none uses the term 'memorandum of understanding'. The treaty refers to them as administrative arrangements (for example Article 29(3)). A statement by the UK or Spanish Government on the legal status of the arrangements, or their treaty registration, would settle it.
What would settle it: What legal status does each of the UK and Spain give to the administrative arrangements, according to an official statement or treaty registration? (Question 2.71 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 17 (reply to Members' questions on the Government Statement)
The words: "The treaties do not provide the forms that will be used. The forms are creatures of the legislation created beyond the Treaty."
Checked against: "using the declaration form referred to in Appendix 1 to this Annex." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 23, Section 1 (cash control), Article 2(3)); "CASH DECLARATION FORM1" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 23, Appendix 1)
Grade: Under review. For the goods and customs forms the Chief Minister was talking about, the treaty works through the EU's transit system (it uses the New Computerised Transit System, with a code for goods from outside the EU that are bound for Gibraltar) and leaves forms to other legislation, which bears out the statement. 'The treaties do not provide the forms' is too wide as it stands. One of the treaty's annexes prints a cash declaration form, and other annexes carry forms (for example the forms for requests in the annexes on criminal-justice cooperation). The provisions read for forms are five of the treaty's annexes. Gibraltar's customs regulations on the forms to be used for goods were not read.
Grade: Under review. For the goods and customs forms the Chief Minister was talking about, the UK-EU Agreement in respect of Gibraltar works through the EU's transit system (Annex 21, Article 2 uses NCTS (the New Computerised Transit System named in the treaty) with code T1GI (the NCTS code for goods from outside the EU that are bound for Gibraltar)) and leaves forms to other legislation, which bears out the statement. 'The treaties do not provide the forms' is too wide as it stands. Annex 23 Appendix 1 prints a cash declaration form, and other annexes carry forms (for example the forms for requests in the criminal-justice cooperation annexes). The provisions read are Annexes 19, 21 to 24 for forms. The Gibraltar customs regulations for the forms to be used for goods were not read.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 19 (reply to Members' questions on the Government Statement)
The words: "After signature you can have provisional application. So, the signature has to come before 10 April, otherwise you can not take provisional application before 10 April."
Checked against: "The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article, provided that prior to the date from which this Agreement is provisionally applied the Parties have notified each other of the fact 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 of this Agreement and in the Protocol on Social Security Coordination are in effect and have been fully implemented, and that the measures described in Article 258 of this Agreement are in place." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 336(2))
Grade: Incomplete. The treaty does provide for it to be applied provisionally before it enters into force, but only on condition that the two sides have first told each other that the plan for removing the physical barriers and the administrative arrangements it names are in effect and fully carried out, and that the measures set out in another provision of the treaty are in place. The statement ties provisional application to signature and a date and leaves out these conditions. The text does not mention signature. That is a general rule of treaty practice outside the held text, and it is not graded. The treaty reads its references to entry into force as meaning the start of provisional application.
Grade: Incomplete. The treaty does provide for it to be applied provisionally before it enters into force, but only on condition that the two sides have first told each other that the plan for removing the physical barriers (Article 7) and the administrative arrangements it names are in effect and fully carried out, and that the measures set out in another provision of the treaty are in place. The statement ties provisional application to signature and a date and leaves out these conditions. The text does not mention signature. That is a general rule of treaty practice outside the held text, and it is not graded. The treaty reads its references to entry into force as meaning the start of provisional application.
Grade: Incomplete. Article 336(2) does provide for provisional application before entry into force, 'provided that' the Parties have first notified each other that the implementation plan and the named administrative arrangements are in effect and fully implemented and that the measures in Article 258 are in place. The statement ties provisional application to signature and a date and leaves out these conditions. The text does not mention signature. That is a general rule of treaty practice outside the held text, and it is not graded. Article 336(4) reads references to 'entry into force' as the start of provisional application. The provisions read in full are Article 336.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, afternoon session, page 8 (reply to Question 110/2026)
The words: "The general standard rate of transaction tax will, upon the Treaty entering into force, be 15%.... Over a period of three years, the commitment is for Gibraltar to raise the general standard rate of taxation from 15% to, at a minimum, the lowest standard rate applied by any Member State. This rate is currently 17%."
Checked against: "Year 1 Year 2 Year 3 15 % 16 % 17 % (or such rate as may be the lowest applied by any Member State at that time)" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(3)(a) (table)); "(a) in the period ending 12 months following the entry into force of the TGEU (year 1): 15%." (Treaty on Gibraltar and the European Union Act 2026, Schedule 2, paragraph 3(1)(a))
Grade: Incomplete. The treaty sets the standard rate at no less than the lowest standard VAT rate applied by an EU country and allows the UK, for Gibraltar, to reach it over three years: 15% in year 1, 16% in year 2 and then 17%, or whatever rate is then the lowest applied by any EU country. Gibraltar's 2026 Act that brings the treaty into Gibraltar law sets 15%, 16% and 17% on the same timetable. The rates in the statement match. The statement leaves out that the minimum is tied to the lowest rate applied by an EU country and not to 17% as such. The treaty says 17% is the lowest rate at the time the treaty was signed, and that year 3 is 17% or whatever rate is then the lowest applied by any EU country (the Act uses the same words). So the minimum follows that lowest rate: it would rise if the EU country with the lowest rate raised it, and the text does not fix it at 17%. The statement also leaves out that the treaty reads its references to its own entry into force as references to the date from which it is provisionally applied, so the 15% rate and the three-year timetable run from that date.
Grade: Incomplete. Annex 24, Article 2(3)(a) of the UK-EU Agreement in respect of Gibraltar sets the standard rate at 'not less than the lowest standard VAT rate applied by a Member State' and allows the UK, for Gibraltar, to reach it over three years: 15% in year 1, 16% in year 2 and then 17% '(or such rate as may be the lowest applied by any Member State at that time)'. Schedule 2, paragraph 3(1) of the Treaty on Gibraltar and the European Union Act 2026 sets 15%, 16% and 17% on the same timetable. The rates in the statement match. The statement leaves out that the minimum is tied to the lowest rate applied by an EU country and not to 17% as such. Article 2(3)(a) says 17% is the lowest rate 'at the time of signature of this Agreement', and year 3 is 17% 'or such rate as may be the lowest applied by any Member State at that time' (Schedule 2, paragraph 3(1)(c) of the Act has the same words). So the minimum follows that lowest rate: it would rise if the EU country with the lowest rate raised it, and the text does not fix it at 17%. The statement also leaves out that, under Article 336(4), references in the treaty to 'the entry into force of this Agreement' are understood as references to the date from which the treaty is provisionally applied, so the 15% rate and the three-year timetable run from that date. The provisions read are Annex 24, Article 2(3)(a), Article 336(4) and Schedule 2, paragraph 3(1) of the Act.
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.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, afternoon session, page 8 (reply to Question 110/2026)
The words: "the transaction tax will be levied on the declared value on the importation, not on the sale value of the product in question."
Checked against: "The taxable amount for goods imported into Gibraltar shall be determined with reference to the value for customs purposes. It shall include, insofar as these elements were not already included in the customs value: (a) taxes, duties, levies and other charges, including excise duties, due by reason of importation, excluding the transaction tax to be levied; and (b) incidental expenses, such as commission, packing, transport and insurance costs." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(1)); "The taxable amount for goods produced in Gibraltar shall be the open market value at the time the goods leave the production site." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(2))
Grade: Incomplete. For imported goods, the treaty bases the tax on the value for customs purposes, which is not the shop price, so the statement is borne out in that respect. It leaves out two things the same rule attaches. The taxable amount adds taxes, duties and other charges due on importation (including excise duties) and incidental costs such as commission, packing, transport and insurance, where not already in the customs value. And for goods produced in Gibraltar, the taxable amount is the open market value when the goods leave the production site.
Grade: Incomplete. For imported goods, Annex 24, Article 2(1) bases the tax on the value for customs purposes, which is not the shop price, so the statement is borne out in that respect. It leaves out two things the Article attaches. The taxable amount adds taxes, duties and other charges due on importation (including excise duties) and incidental costs such as commission, packing, transport and insurance, where not already in the customs value. And for goods produced in Gibraltar, the taxable amount is the open market value when the goods leave the production site (Article 2(2)). The provisions read are Annex 24, Articles 1 to 3.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, afternoon session, page 8 (reply to Question 110/2026)
The words: "the independent consultative body may recommend at any time during that period of three years or after that period of three years that a lower standard... The only restriction in terms of how much lower this lower standard rate of transaction tax could be is that it cannot be lower than two percentage points below the lowest standard rate of VAT applied by any EU Member State."
Checked against: "In the context of its ongoing assessment under point (a) of Article 248(5), the independent consultative body may, in order to avoid significant actual distortions in Gibraltar or the contiguous frontier zone, recommend, at any time during or after the three-year period referred to in the second subparagraph of this point, that a higher or lower standard rate should apply to a selection of goods or categories of goods." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(3)(a)); "the lower rate that may be proposed by the independent consultative body would never be lower than two percentage points below the lowest standard rate of VAT applied by any Member State." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(3)(a)(ii))
Grade: Under review. The text bears out both points. The independent consultative body may recommend a lower standard rate for a selection of goods at any time during or after the three-year period, and the lower rate may never be lower than two percentage points below the lowest standard rate of VAT applied by any EU country. The statement leaves out the purpose the text attaches: the body may do this to avoid significant actual distortions in Gibraltar or the frontier zone next to it. It is a recommendation for that purpose, not a general power to lower the rate. The provisions read are the relevant clauses of the treaty and of the annex that sets these rates.
Grade: Under review. The text bears out both points. The independent consultative body may recommend a lower standard rate for a selection of goods at any time during or after the three-year period, and the lower rate may never be lower than two percentage points below the lowest standard rate of VAT applied by any EU country. The statement leaves out the purpose the text attaches: the body may do this 'in order to avoid significant actual distortions in Gibraltar or the contiguous frontier zone'. It is a recommendation for that purpose, not a general power to lower the rate. The provisions read are Annex 24, Article 2(3) and Article 248(5) and (6).
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, afternoon session, page 9 (reply to Question 110/2026)
The words: "it is absolutely not the case that the role of the body is only to assess whether the rate of transaction tax needs to be raised. Within the limits allowed by the Treaty, both upward and downward recommendations can be made."
Checked against: "the independent consultative body may recommend, in the context of its annual assessment under point (b) of Article 248(5), that the standard rate is adjusted upwards or downwards for all goods subject to that rate." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(3)(a)); "the higher rate that may be proposed would be such rate as the independent consultative body may consider appropriate to eliminate the distortions" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(3)(a)(i)); "Should any distortion within the meaning of paragraph 5 of this Article be established by the independent consultative body referred to in that paragraph, the United Kingdom, in respect of Gibraltar, shall adjust the indirect taxation rates to be applied in Gibraltar to a level deemed appropriate according to the recommendations of that independent consultative body" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 248(6))
Grade: Verified. One of the treaty's annexes provides for the independent consultative body to recommend higher rates, lower rates for a selection of goods, and, after the three-year period, an adjustment of the standard rate upwards or downwards for all goods. The treaty requires the UK, for Gibraltar, to adjust Gibraltar's rates according to the body's recommendation where that body establishes a distortion, within the limits set in that annex. The statement says the body can recommend in both directions within the limits the treaty allows, and the phrase "within the limits allowed by the Treaty" carries the limits. The provisions read are the treaty's clauses on these recommendations and the relevant parts of the annex; no condition, exception or limit in them is left out of the statement.
Grade: Verified. Annex 24, Article 2(3)(a) provides for the independent consultative body to recommend higher rates (paragraph (i)), lower rates for a selection of goods (paragraph (ii)), and after the three-year period an adjustment of the standard rate 'upwards or downwards for all goods'. Article 248(6) requires the UK, for Gibraltar, to adjust Gibraltar's rates according to the body's recommendation where that body establishes a distortion, within the limits in Articles 2 and 6 of Annex 24. The statement says the body can recommend in both directions within the limits the UK-EU Agreement in respect of Gibraltar allows, and the phrase 'within the limits allowed by the Treaty' carries the limits. The provisions read are Article 248(5) and (6) and Annex 24 Articles 2 and 6; no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, afternoon session, page 20 (reply to Question 122/2026 (security improvement), supplementary answer)
The words: "that there will be joint maritime patrols that will require a vessel from Gibraltar to be provided"
Checked against: "the competent authorities of the Participants will conduct joint maritime patrols in jointly crewed law enforcement vessels at the borders of both Gibraltar and the surrounding area of Spain." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), paragraph 3.2.2); "The responsibility for providing the vessels for these patrols will alternate on a weekly basis between the Participants." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), paragraph 3.2.4)
Grade: Incomplete. The administrative arrangement on how Schengen border checks and border surveillance will be conducted provides for joint sea patrols in law enforcement vessels crewed by both sides, and for vessels from each side, so the statement is borne out as far as it goes. It leaves out that, under the arrangement, the responsibility for providing the vessels for these patrols alternates every week between the UK, for Gibraltar, and Spain.
Grade: Incomplete. Paragraph 3.2.2 of Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted) provides for joint maritime patrols in jointly crewed law enforcement vessels, and paragraph 3.2.4 provides for vessels from each side, so the statement is borne out as far as it goes. It leaves out that, under paragraph 3.2.4, 'the responsibility for providing the vessels for these patrols will alternate on a weekly basis between the Participants', that is, between the UK, for Gibraltar, and Spain. The provisions read are paragraphs 3.2.2 and 3.2.4 of Arrangement 4.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 8 (Government Statement on the laying of the draft agreement (reading the UK summary of the agreement))
The words: "Part 7 sets out the necessary legal and administrative provisions of the agreement... including rules and procedures for review, entry into force and termination."
Checked against: "The Parties shall jointly review the implementation of this Agreement and supplementing agreements and any matters related thereto four years after the entry into force of this Agreement and regularly thereafter." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 330); "Either Party may terminate this Agreement by written notification through diplomatic channels." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 334); "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." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 336(1))
Grade: Verified. The treaty's final part contains a review clause (a joint review four years after entry into force and regularly after that), a termination clause (termination by written notice, taking effect on the first day of the twelfth month after the notice) and an entry-into-force clause (which also provides for provisional application). The statement lists these subjects and says nothing about their terms, so there is no condition for it to leave out. All the provisions of that final part were read.
Grade: Verified. Part Seven (Articles 328 to 336) contains a review clause (Article 330, a joint review four years after entry into force and regularly after), a termination clause (Article 334, termination by written notification, taking effect on the first day of the twelfth month after notification) and an entry-into-force clause (Article 336, with provisional application in 336(2)). The statement lists these subjects and says nothing about their terms, so there is no condition for it to leave out. The provisions read are Articles 328 to 336.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 18 (reply to Members' questions on the Government Statement)
The words: "the permanent works that have to be done to accommodate the final iteration of the two second line check facilities on the eastern and western ends of the airport. The western one will house the Customs facility for arrivals from third countries and from Schengen."
Checked against: "two annexes to the current airport terminal will be built on the north eastern and north western corners to allow for the control of persons and goods by the competent authorities of the United Kingdom, in respect of Gibraltar." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Implementation (Arrangement ), signed 25 June 2026, Annex 2 (implementation plan for the UK, for Gibraltar), second phase)
Grade: Incomplete. The statement was made on 26 February 2026. It is graded against the signed texts, which were published later: the implementation arrangement was signed on 25 June 2026 and published on 14 July 2026, and the treaty was signed at Brussels on 14 July 2026. A draft of the treaty was laid on 26 February 2026, the day of the statement; it already carried the two treaty rules on second-line checks described below, to the same effect as the signed text. The implementation arrangement provides, in its second phase, that two annexes to the current airport terminal will be built at the north-eastern and north-western corners so that the competent authorities of the UK, for Gibraltar, can control persons and goods. That is consistent with the statement's permanent works at two points of the airport. The statement goes further for the western annex, saying it 'will house the Customs facility for arrivals from third countries and from Schengen'. The texts read describe the purpose of both annexes as the control of persons and goods and give neither annex a separate use, so they do not say which annex will house a Customs facility. That part of the statement is not graded. The treaty says any second-line checks must be carried out at the Second Line Checks Area, and that this area is marked out under arrangements made by the UK, for Gibraltar, and Spain under another rule of the treaty. The provisions read are the implementation arrangement's first two annexes (second phase) and one further paragraph of it, and the treaty's two rules on the Second Line Checks Area and second-line checks.
Grade: Incomplete. The statement was made on 26 February 2026. It is graded against the signed texts, which were published later: Arrangement (the administrative arrangement on implementation) was signed on 25 June 2026 and published on 14 July 2026, and the UK-EU Agreement in respect of Gibraltar was signed at Brussels on 14 July 2026. A draft of the treaty was laid on 26 February 2026, the day of the statement; it already carried Articles 26(l) and 29(6), in the same words as the signed text except that the draft's Article 26(l) refers to 'Article 33' where the signed text refers to 'Article 33(6)'. Annex 2 of Arrangement , in the second phase, provides that 'two annexes to the current airport terminal will be built on the north eastern and north western corners to allow for the control of persons and goods by the competent authorities of the United Kingdom, in respect of Gibraltar'. That is consistent with the statement's permanent works at two points of the airport. The statement goes further for the western annex, saying it 'will house the Customs facility for arrivals from third countries and from Schengen'. The texts read describe the purpose of both annexes as the control of persons and goods and give neither annex a separate use, so they do not say which annex will house a Customs facility. That part of the statement is not graded. Article 29(6) of the treaty says 'Any second line checks must be carried out at the Second Line Checks Area', and Article 26(l) says that area is delimited 'in accordance with arrangements made by the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain pursuant to Article 33(6)'. The provisions read are Annexes 1 and 2 (second phase) and paragraph 3.2 of Arrangement , and Articles 26(l) and 29(6) of the treaty.
What would settle it: Which of the two permanent airport annexes is to house the Customs facility for arrivals from third countries and from Schengen? (Question 2.72 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 10 (Government Statement on the laying of the draft agreement (Deputy Chief Minister speaking by leave of the Chief Minister))
The words: "This Treaty does not affect British sovereignty over Gibraltar.... it is not altered by ratification."
Checked against: "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 2)
Grade: Shaded. The treaty protects the legal positions of the UK and of Spain on sovereignty and jurisdiction and says nothing under the treaty is a basis for asserting or denying sovereignty. The statement says the Treaty does not affect 'British sovereignty over Gibraltar' and that it 'is not altered by ratification'. The treaty does not say which state holds sovereignty; it leaves each side's legal position as it was. The statement reads wider than the text.
Grade: Shaded. Article 2 protects 'the respective legal positions' of the UK and Spain on sovereignty and jurisdiction and says nothing under the UK-EU Agreement in respect of Gibraltar is a basis for asserting or denying sovereignty. The statement says the Treaty (the UK-EU Agreement in respect of Gibraltar) does not affect 'British sovereignty over Gibraltar' and that it 'is not altered by ratification'. Article 2 does not say which state holds sovereignty; it leaves each side's legal position as it was. The statement reads wider than the text. The provisions read are Article 2 and Article 301(6).
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 10 (Government Statement on the laying of the draft agreement (Deputy Chief Minister speaking by leave of the Chief Minister))
The words: "nothing within it and no measure adopted under it prejudices the respective legal positions on sovereignty."
Checked against: "and any measures or instruments or conduct taken in application or as a result thereof, or pursuant thereto, shall be without prejudice to, and shall not otherwise affect, the respective legal positions" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 2)
Grade: Verified. The treaty's sovereignty clause says the treaty, any supplementing agreements, administrative arrangements and measures or conduct taken under them are without prejudice to, and do not otherwise affect, the respective legal positions of the UK and Spain on sovereignty and jurisdiction. That matches the statement, which speaks of "legal positions". The clause is a single sentence with no exception. The provision was read in full.
Grade: Verified. Article 2 says the UK-EU Agreement in respect of Gibraltar, any supplementing agreements, administrative arrangements and measures or conduct taken under them are without prejudice to, and do not otherwise affect, the respective legal positions of the UK and Spain on sovereignty and jurisdiction. That matches the statement, which speaks of 'legal positions'. Article 2 is a single sentence with no exception. The provision was read in full.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 11 (Government Statement on the laying of the draft agreement (Deputy Chief Minister speaking by leave of the Chief Minister))
The words: "Immigration controls will not vanish. They will be reorganised to reflect the new regime."
Checked against: "All passengers entering Gibraltar from Gibraltar port or airport shall be subject to border checks at the border crossing points referred to in paragraph 1." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(2)); "Border checks on entry shall be carried out by the competent authorities of the United Kingdom, in respect of Gibraltar, and subsequently by the competent authorities of the Kingdom of Spain." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(5))
Grade: Incomplete. The treaty bears out that passengers entering Gibraltar through the port or airport go through border checks, carried out on entry first by the competent authorities of the UK, for Gibraltar, and then by those of Spain. The statement leaves out that the treaty lets people move between Gibraltar and the EU countries that apply the Schengen rules in full without border checks being carried out, apart from the rules on sea borders.
Grade: Incomplete. Articles 29(2) and 29(5) bear out that passengers entering Gibraltar through the port or airport are subject to border checks, carried out on entry first by the competent authorities of the UK, for Gibraltar, and then by those of the Kingdom of Spain. The statement leaves out that under Article 30(1) persons may circulate between Gibraltar and the EU countries applying the Schengen rules in full 'without border checks being carried out', 'without prejudice to the provisions on sea borders in Annex VI of the Schengen Borders Code'. The provisions read are Articles 29(2), 29(5), 30(1), 32(1) and 33(1).
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 13 (contribution following the Government Statement)
The words: "We are the only part of the European Union that can say who lives in Gibraltar."
Checked against: "The United Kingdom, in respect of Gibraltar, shall ensure that any identity card or residence permit issued in Gibraltar is issued only to a person who meets the conditions for entitlement to such identity card or residence permit set out in the legislation in force on the date of entry into force of this Agreement." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 45(2)); "Such changes shall not, in any event, make it possible for a person to be able to obtain:" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 45(4)); "In that case, the competent authorities of the United Kingdom, in respect of Gibraltar, shall not issue or renew the residence permit" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(3))
Grade: Shaded. The treaty leaves it to the Gibraltar authorities to issue identity cards and residence permits. The statement presents that as a power to "say who lives in Gibraltar". The text attaches limits. Permits and cards may be issued only on the conditions in the legislation in force when the treaty comes into force. Changes must be notified to the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it), and may not allow a card based on earlier residence unless the person has lived in Gibraltar for 10 years in a row immediately before applying, or a permit without a genuine connection with Gibraltar. Predetermined investments in Gibraltar's economy or property, or predetermined payments to Gibraltar's authorities, cannot meet the genuine-connection test for a permit or the conditions for a card given on grounds other than earlier residence. And if Spain objects under the treaty's procedure for objections, the UK, for Gibraltar, must not issue or renew the permit. The statement reads wider than these provisions.
Grade: Shaded. The UK-EU Agreement in respect of Gibraltar leaves it to the Gibraltar authorities to issue identity cards and residence permits (Articles 45 and 50(1)). The statement presents that as a power to 'say who lives in Gibraltar'. The text attaches limits. Permits and cards may be issued only on the conditions in the legislation in force at entry into force (Article 45(2)). Changes must be notified to the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it), and may not allow a card based on prior residence without 10 continuous years, or a permit without a genuine connectionGenuine connectionThe test Article 45 sets for a residence permit in Gibraltar: being able to show actual and regular physical presence in Gibraltar over an appropriate period, or other objective criteria that can be checked. A predetermined investment in Gibraltar's economy or property, or a predetermined payment to Gibraltar's authorities, can never meet it. with Gibraltar (45(4)). Predetermined investments in Gibraltar's economy or property, or predetermined payments to Gibraltar's authorities, cannot meet the genuine-connection test for a permit or the conditions for a card given on grounds other than earlier residence (45(6)). And if Spain objects under Article 50(3), Gibraltar 'shall not issue or renew' the permit. The statement reads wider than these provisions. The provisions read are Articles 45 to 52.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, pages 12 and 13 (contribution following the Government Statement (also page 12, 'part of the market for goods'))
The words: "because we are part of the single market, but we are not members."
Checked against: "A customs union between the Union and the United Kingdom, in respect of Gibraltar, is hereby established in accordance with the provisions set out under this Chapter." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 240); "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." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 247(5))
Grade: Shaded. The treaty creates a customs union and applies EU rules on goods, state aid and some other areas, which supports "part of" a market for goods. The text does not describe Gibraltar as part of the single market as a whole, and the provisions are specific to the subjects the treaty lists. The treaty says that until the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) adopts its decision bringing in the EU customs and goods rules listed in the treaty and that decision enters into force (a decision that sets the date from which they apply in Gibraltar and declares that border control posts and customs offices have been set up at the port and airport, that they operate and are controlled as the decision sets out, and that competent authorities within the EU have been designated), Gibraltar is regarded as a third territory for EU customs, indirect tax and trade rules. "Part of the single market" reads wider than the text.
Grade: Shaded. The UK-EU Agreement in respect of Gibraltar creates a customs union and applies EU rules on goods, state aid and some other areas, which supports 'part of' a market for goods. The text does not describe Gibraltar as part of the single market as a whole, and the provisions are specific to the subjects the treaty lists. Article 247(5) says that until the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) decision under Article 247(1) enters into force, Gibraltar is regarded as a third territory under EU customs, indirect taxation and trade-related law. 'Part of the single market' reads wider than the text. The provisions read are Articles 240 to 249 and Part Three, Title I.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, pages 4, 5, 24 (motion on ratification, opening speech)
The words: "exclusive British Sovereignty over Gibraltar is entirely unaffected by the terms of this Treaty"
Checked against: "This Agreement, any supplementing agreements as referred to in Article 4, any administrative arrangements or other arrangements related to this Agreement, and any measures or instruments or conduct taken in application or as a result thereof, or pursuant thereto, shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction, and shall not constitute the basis for any assertion or denial of sovereignty, including in legal proceedings or otherwise." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 2)
Grade: Shaded. The treaty says that it, the supplementing agreements, the administrative arrangements and anything done under them do not prejudice and do not otherwise affect the legal positions of the UK and of Spain on sovereignty and jurisdiction, and are not a basis for asserting or denying sovereignty. That bears out the point that the treaty does not change the legal position. The words go further: they name 'exclusive British Sovereignty'. The treaty does not say which state holds sovereignty, and it protects Spain's position in the same words as the UK's, so the words read wider than the text. The clause was read in full; it has no condition or exception.
Grade: Shaded. Article 2 says the UK-EU Agreement in respect of Gibraltar, the supplementing agreements, the administrative arrangements and anything done under them are 'without prejudice to, and shall not otherwise affect' the legal positions of the UK and of Spain on sovereignty and jurisdiction, and are not a basis for asserting or denying sovereignty. That bears out the point that the treaty does not change the legal position. The words go further: they name 'exclusive British Sovereignty'. Article 2 does not say which State holds sovereignty, and it protects Spain's position in the same words as the UK's, so the words read wider than the text. The provision read is Article 2, in full; it has no condition or exception.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, pages 5, 19 (motion on ratification, opening speech)
The words: "there will not be Spanish boots on the ground"
Checked against: "arrest, search, detain, interview, place under protection a person, or seize or search property, where it is justified in the course of border control carried out by the competent authorities of the Kingdom of Spain" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(4)(c)(ii)); "Within the Schengen immigration booths: officers within the immigration booths may be in uniform." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), signed 25 June 2026, paragraph 2.1.4(a)); "The officers carrying out the surveillance may carry their service weapons during the surveillance save where specifically otherwise decided by the requested Participant; their use will be prohibited save in cases of legitimate self-defence;" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 3.4(c))
Our reading of “requested Participant”: the side into whose territory the surveillance continues.
Grade: Incomplete. The phrase 'boots on the ground' is not used or defined in the texts. The texts do provide for Spanish officials to work in Gibraltar in these ways. Spanish border officers carry out Schengen checks at the airport, and those in the immigration booths may be in uniform (under the administrative arrangement on how Schengen border checks and border surveillance will be carried out). The Spanish authorities have the right to arrest, search, detain and interview in the course of border control. Spanish officers may continue surveillance and pursuit into Gibraltar and may carry service weapons: on surveillance, unless the side asked for help (our reading: the side into whose territory the surveillance continues) specifically decides otherwise, and on pursuit; in both cases their use is prohibited except in legitimate self-defence (under the treaty and the administrative arrangement on continued surveillance and uninterrupted pursuit). The arrangement on border checks also provides for joint patrols at sea. The statement leaves these provisions out. The provisions read in full are listed in the texts. A later passage on page 19 of the same sitting repeats the point in the form 'we have not ceded on our key issue of ensuring no boots on the ground' and then mentions hot pursuit.
Grade: Incomplete. The phrase 'boots on the ground' is not used or defined in the texts. The texts do provide for Spanish officials to work in Gibraltar in these ways. Spanish border officers carry out Schengen checks at the airport, and those in the immigration booths 'may be in uniform' (Arrangement , the administrative arrangement on how Schengen border checks and border surveillance will be conducted, paragraph 2.1.4). The Spanish authorities have the right to arrest, search, detain and interview in the course of border control (Article 33(4)(c)(ii)). Spanish officers may continue surveillance and pursuit into Gibraltar and may carry service weapons: on surveillance, save where specifically otherwise decided by the requested Participant (our reading: the side into whose territory the surveillance continues), and on pursuit, in both cases with use prohibited except in legitimate self-defence (Articles 55 and 56; Arrangement , the administrative arrangement on continued surveillance and uninterrupted pursuit, paragraphs 3.4(c) and 6.4(d)). The arrangement on border checks also provides for joint maritime patrols (paragraph 3.2.2). The statement leaves these provisions out. The provisions read in full are Articles 29 to 35 and 55 to 58 and Arrangements and 5. A later passage on page 19 of the same sitting repeats the point in the form 'we have not ceded on our key issue of ensuring no boots on the ground' and then mentions hot pursuit.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 10 (motion on ratification, opening speech)
The words: "This Treaty is a treaty regulating our relationship with the EU going forward on an open-ended basis."
Checked against: "Either Party may terminate this Agreement by written notification through diplomatic channels. This Agreement and any supplementing agreement shall cease to be in force on the first day of the twelfth month following the date of notification." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 334); "Following completion of the evaluation referred to in Article 65 and without prejudice to Article 334, the Union, including at the request of the Kingdom of Spain, and the United Kingdom may terminate this Agreement by written notification through diplomatic channels." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 66(1))
Grade: Incomplete. The treaty has no end date, which bears out 'open-ended'. What the statement leaves out is how it can end. Either side may end it by written notice, and it ends on the first day of the twelfth month after the notice. After the four-year evaluation, the EU (including at the request of Spain) or the UK may end it on the same notice. It is treated as ended if the UK, for Gibraltar, refuses a later EU act, does not tell the EU within 30 days of the EU's notice whether it accepts it, or does not tell the EU, at the latest six weeks after the act comes into force, that it has put it into its law, unless the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) decides otherwise within 90 days; if it does not, the ending takes effect three months after the end of those 90 days. Two further rules of the treaty also allow suspension. The provisions read are the treaty's rules on ending and suspending it and on later EU acts.
Grade: Incomplete. The UK-EU Agreement in respect of Gibraltar has no end date, which bears out 'open-ended'. What the statement leaves out is how it can end. Under Article 334 either Party may end it by written notice, and it ceases on the first day of the twelfth month after the notice. Under Article 66(1), after the four-year evaluation, the EU (including at the request of Spain) or the UK may end it on the same notice. Under Article 19(5) it is treated as terminated if the UK, for Gibraltar, refuses a later EU act, does not say within 30 days of the EU's notification whether it accepts it, or does not inform the EU, at the latest six weeks after the act's entry into force, that it has implemented it into its domestic law, unless the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) decides otherwise within 90 days; if it does not, the termination takes effect three months after the end of those 90 days. Articles 67 and 252 also allow suspension. The provisions read are Articles 19, 66, 67, 252 and 334.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 10 (motion on ratification, opening speech)
The words: "So it is for that reason that for the purposes of the EU's internal legal order, Spain understandably should wish to have for its purposes and establish primacy amongst the EU27 in relation to this Treaty.... If this primacy of Spain over the other 27 Member States were not in the Treaty"
Checked against: "Where the Kingdom of Spain has requested the Union to terminate this Agreement, in accordance with paragraph 1, the Union shall take the necessary steps in accordance with its internal procedures, with a view to terminating this Agreement." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 66(2) (signed text)); "Where the Kingdom of Spain has requested the Union to terminate this Agreement, in accordance with paragraph 1, the Union will proceed to such termination." (draft agreement laid on 26 February 2026, Article 66(2), for comparison only)
Grade: Incomplete. The signed text of the treaty singles out Spain: the EU may end the treaty, including at Spain's request, and a rule in the same provision deals only with a request from Spain. That bears out a special position for Spain among the EU countries. What the statement leaves out is how far it goes. The draft treaty before the House on 3 March said the EU would go ahead and end it. The signed text says the EU is to take the steps needed under its own internal procedures with a view to ending it. The Chief Minister told the House on 30 March that the wording had been changed. Under the signed text a request from Spain therefore starts the EU's own procedure; it does not by itself end the treaty. The UK has its own right to end the treaty in the same provision and in a separate provision of the treaty.
Grade: Incomplete. Article 66(1) of the signed text singles out Spain: the EU may terminate 'including at the request of the Kingdom of Spain', and Article 66(2) deals only with a Spanish request. That bears out a special position for Spain among the EU countries. What the statement leaves out is how far it goes. The draft UK-EU Agreement in respect of Gibraltar before the House on 3 March said the EU 'will proceed to such termination'. The signed text says the EU 'shall take the necessary steps in accordance with its internal procedures, with a view to terminating'. The Chief Minister told the House on 30 March that the wording had been changed (page 46). Under the signed text a Spanish request therefore starts the EU's own procedure; it does not by itself end the treaty. The UK has its own right to end the treaty in the same Article 66(1) and in Article 334.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 11 (motion on ratification, opening speech)
The words: "The first is that we go to the Cooperation Council and we seek to persuade our treaty... If that does not work, we can go to the dispute resolution mechanism."
Checked against: "Each Party may refer to the Cooperation Council any issue relating to the implementation, application and interpretation of this Agreement" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 22(3)); "The covered provisions shall include all provisions of this Agreement and of any supplementing agreement with the exception of: (a) Article 2; (b) Title II of Part One; (c) Title V of Part Two, including when applying in relation to situations governed by other provisions of this Agreement;" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 301(2))
Grade: Incomplete. Both steps exist. The treaty lets each side refer any issue to the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it), and it sets up consultations and an arbitration tribunal. What the statement leaves out is that dispute settlement does not cover every provision. The treaty excludes from it the clause on sovereignty and jurisdiction, two whole titles of the treaty (one of them on law enforcement and judicial cooperation) and parts of a third title; for those provisions a side may only take the matter to the Cooperation Council. The two steps are also not a required sequence: the treaty allows it to be ended by notice without first using either of them.
Grade: Incomplete. Both steps exist. Article 22(3) lets each Party refer any issue to the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it), and Part Six sets up consultations and an arbitration tribunal (Articles 304 and 305). What the statement leaves out is that dispute settlement does not cover every provision. Article 301(2) excludes Article 2, Title II of Part One, Title V of Part Two (law enforcement and judicial cooperation) and parts of Part Three Title I; for those provisions Article 301(3) only allows a Party to seize the Cooperation Council. The two steps are also not a required sequence: Article 334 allows termination by notice without first using either of them. The provisions read are Articles 22, 66, 67, 300 to 305 and 334.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 15 (motion on ratification, opening speech)
The words: "Whenever a dispute concerns an issue that falls within the Gibraltar Government's responsibilities under the Constitution, the United Kingdom Government should be required under the Concordat, as it is under the Constitution, to fully consult the Government of Gibraltar and follow its wishes and views."
Checked against: "the United Kingdom will, other than in the most exceptional circumstances, fully consult the Gibraltar Government and follow its wishes and views in relation to every aspect of the dispute settlement procedure" (Concordat concerning the implementation of the UK-EU Agreement in respect of Gibraltar, signed 14 July 2026, section 'Dispute resolution'); "Provided that the Governor shall in respect of external affairs as far as practicable act in consultation with the Chief Minister." (Gibraltar Constitution Order 2006, section 47(1) proviso); "he shall not be obliged to exercise that power in accordance with the advice of that person or authority." (Gibraltar Constitution Order 2006, section 78(3))
Grade: Shaded. The undertaking the Chief Minister describes does exist, but in the UK-Gibraltar Concordat, not in Gibraltar's Constitution of 2006. The Concordat signed on 14 July 2026 says that, when a dispute concerns an issue within the Gibraltar Government's responsibilities, the UK will, other than in the most exceptional circumstances, fully consult the Gibraltar Government and follow its wishes and views. That exception for the most exceptional circumstances is not in the statement. The Constitution does not contain a duty to follow the wishes and views of the Gibraltar Government. On external affairs the Governor must, as far as practicable, act in consultation with the Chief Minister. Where the Governor must consult, the Governor is not obliged to use that power in line with the advice. The words "as it is under the Constitution" therefore present as an existing constitutional duty something the Constitution does not provide. The statement was made on 3 March, before the Concordat was signed.
Grade: Shaded. The undertaking the Chief Minister describes does exist, but in the UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar, not in the Gibraltar Constitution Order 2006. The Concordat signed on 14 July 2026 says that, when a dispute concerns an issue within the Gibraltar Government's responsibilities, the UK will 'other than in the most exceptional circumstances' fully consult the Gibraltar Government and follow its wishes and views. The words 'other than in the most exceptional circumstances' are not in the statement. The Constitution does not contain a duty to follow the wishes and views of the Gibraltar Government. On external affairs the Governor must, 'as far as practicable', act in consultation with the Chief Minister (section 47(1) proviso). Where the Governor must consult, the Governor 'shall not be obliged to exercise that power in accordance with the advice' (section 78(3)). The words 'as it is under the Constitution' therefore present as an existing constitutional duty something the Constitution does not provide. The provisions read are sections 47 and 78 of the Constitution and the whole Concordat. The statement was made on 3 March, before the Concordat was signed.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 17 (motion on ratification, opening speech)
The words: "the removal of all physical barriers between us and Spain... That is one of the key parts of this Treaty."
Checked against: "All physical barriers related to the circulation of persons between the Union and Gibraltar shall be removed." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 28); "All physical barriers present between Gibraltar and the Union for goods moving between them by land shall be removed" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 246(1)); "All physical barriers shall be removed in accordance with the implementation plan contained in the relevant administrative arrangement" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 7)
Grade: Incomplete. The treaty provides for the removal of all physical barriers to the movement of people between the EU and Gibraltar, and of those for goods moving between them by land. The statement leaves out what the text attaches to that removal. The barriers are removed in line with the implementation plan in the relevant administrative arrangement. The removal for goods does not affect the treaty's rule on bans and restrictions, or the formalities required and the checks and controls that the EU and the UK, for Gibraltar, may carry out. That rule allows bans or restrictions on the import or export of goods, or on goods in transit, justified on grounds such as public morality, public policy or public security, and allows the EU or the UK, for Gibraltar, to suspend the application of the treaty or take other measures in the cases it lists. The treaty's preamble adds that the barriers should be removed while keeping the integrity of the Schengen area through appropriate controls, measures and safeguards, and while protecting the integrity of the EU's internal market and the financial interests of both sides. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 28 provides for the removal of 'all physical barriers related to the circulation of persons between the Union and Gibraltar', and Article 246(1) for the removal of those 'for goods moving between them by land'. The statement leaves out what the text attaches to that removal. Under Article 7 the barriers are removed 'in accordance with the implementation plan contained in the relevant administrative arrangement'. Article 246(1) is 'without prejudice to Article 252 or to formalities required and checks and controls that may be carried out by the Parties'; Article 252(1) allows prohibitions or restrictions on the import or export of goods, or on goods in transit, justified on grounds such as public morality, public policy or public security, and Article 252(2) and (3) allow the EU or the UK, for Gibraltar, to suspend the application of the UK-EU Agreement in respect of Gibraltar or take other measures in the cases it lists. The Preamble adds that the barriers should be removed 'while preserving the integrity of the Schengen area through appropriate controls, measures and safeguards' (recital 6) and 'while protecting the integrity of the Union's internal market and the Parties' financial interests' (recital 10). The provisions read are Articles 7, 28, 246(1) and 252 and recitals 6 and 10 of the Preamble.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 18 (motion on ratification, opening speech)
The words: "no one will be able to legally come into Gibraltar that would not have been able to legally come into Gibraltar whilst we were members of the European Union.... persons who are illegally in the EU will also be illegally in Gibraltar and can be denied entry to Gibraltar."
Checked against: "entry conditions required by the competent authorities of the United Kingdom, in respect of Gibraltar, and the competent authorities of the Kingdom of Spain shall be cumulative." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(7)); "refuse entry to third-country nationalsThird-country nationalA person who is not a citizen of a European Union (EU) country, including, since 2021, a British citizen. who do not fulfil the entry conditions laid down in Article 6(1) of the Schengen Borders Code, other than persons resident in Gibraltar, and persons belonging to the categories set out in Article 6(5) of the Schengen Borders Code." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(4)(a)(ii)); "Persons resident in Gibraltar who do not fulfil the other entry conditions laid down in Article 6(1) of the Schengen Borders Code, shall in any event not be prevented from crossing the border crossing points" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 43(2))
Grade: Under review. The treaty makes the entry conditions required by the competent authorities of the UK, for Gibraltar, and by Spain's competent authorities add up, so a person must meet both. The UK, for Gibraltar, also undertakes to bring its entry conditions into line with EU law. The treaty provides for refusing entry to third-country nationals who do not meet the EU conditions. What the statement leaves out is that this refusal power does not apply to people resident in Gibraltar or to the groups of people for whom the Schengen Borders Code allows exceptions, and that the treaty says residents who do not meet the other entry conditions are in any event not to be prevented from entering Gibraltar. The comparison with entry while Gibraltar was a member of the EU cannot be tested, because no text we hold sets out the entry rules of that time.
Grade: Under review. Article 29(7) makes the entry conditions required by the competent authorities of the UK, for Gibraltar, and by the competent authorities of the Kingdom of Spain cumulative, so a person must meet both. The UK, for Gibraltar, also undertakes to align its entry conditions with EU law. Article 33(4)(a)(ii) and Article 35(2) and (3) provide for refusal of entry of third-country nationals who do not meet the EU conditions. What the statement leaves out is that the refusal power in Article 33(4)(a)(ii) does not apply to persons resident in Gibraltar or to the Article 6(5) categories of the Schengen Borders Code, and that Article 43(2) says residents who do not meet the other entry conditions shall in any event not be prevented from entering Gibraltar. The comparison with entry while Gibraltar was a member of the EU cannot be tested, because no held text sets out the entry rules of that time.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 18 (motion on ratification, opening speech)
The words: "the only border crossing point will be at the airport."
Checked against: "the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set up border crossing points at Gibraltar port and airport" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(1)); "border checks may be carried out at the airport border crossing point, if the volume of traffic flows through the port allows for an efficient, high and uniform level of control at the airport border crossing point." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(3)); "Where the conditions in Article 29(3) of the Agreement are not met and it is necessary for Spanish officials to be present in the port to carry out first line Schengen border checks, they will notify the United Kingdom, in respect of Gibraltar in advance, if possible, in writing. As a general rule, when Spanish officials are in the port, they will be in the immigration booth." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), signed 25 June 2026, paragraph 2.2.3)
Grade: Incomplete. The treaty says border crossing points are to be set up at Gibraltar port and airport. It makes an exception: the checks may be done at the airport only if the volume of port traffic allows an efficient, high and uniform level of control at the airport. The arrangement on how Schengen border checks and border surveillance will be conducted treats the conditions as met where no direct ferry links Gibraltar with a port outside the Schengen area and no cruise ship starts or ends its route at Gibraltar. It adds that the UK, for Gibraltar, will make sure that no cruise liner calls directly from a third country other than the UK. Where the conditions are not met, Spanish officials carry out first line checks at the port, as a general rule in an immigration booth. The statement describes the position where the exception applies. It leaves out the crossing point at the port that the treaty provides for, and the case in which Spanish officials work at the port.
Grade: Incomplete. Article 29(1) says border crossing points are to be set up 'at Gibraltar port and airport'. Article 29(3) is an exception: checks 'may' be done at the airport only if the volume of port traffic allows an efficient, high and uniform level of control at the airport. Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted) treats the conditions as met where no direct ferry connects Gibraltar with a port outside the Schengen area and no cruise ship starts or ends its itinerary at Gibraltar (paragraph 2.2.2). Paragraph 2.2.1 adds that the UK, for Gibraltar, will ensure that no cruise liner calls directly from a third country other than the UK. Where the conditions are not met, Spanish officials carry out first line checks at the port, as a general rule in an immigration booth (paragraph 2.2.3). The statement describes the position where the exception applies. It leaves out the port crossing point that Article 29(1) provides for and the case in which Spanish officials work at the port.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 19 (motion on ratification, opening speech)
The words: "the border crossing point at Gibraltar airport will be open 24 hours a day"
Checked against: "Border surveillance is to be carried out between border crossing points in Gibraltar including the surveillance of border crossing points outside the fixed opening hours" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(3))
Grade: Under review. The UK-EU Agreement in respect of Gibraltar refers to 'fixed opening hours' of border crossing points (Article 33(3)) and provides for border surveillance of crossing points outside those hours. No article or arrangement read fixes the opening hours of the airport crossing point. The Agreement and Arrangements to (the seven administrative arrangements between the UK, for Gibraltar, and Spain) were searched for opening hours and for '24 hours'. The references to 24 hours found concern other matters (driver rest periods, notice before certain arrivals, notifications, and how long the designated customs posts in Spain are out of use before a back-up post in Portugal is activated). Operating hours, if fixed, are not in a held text.
What would settle it: What opening hours are set for the airport border crossing point, and in which document? (Question 2.73 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 19 (motion on ratification, opening speech)
The words: "are in the facility that will be built equidistantly between Spain and Gibraltar and will be as much into Spain as into Gibraltar."
Checked against: "two annexes to the current airport terminal will be built on the north eastern and north western corners to allow for the control of persons and goods by the competent authorities of the European Union" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Implementation (Arrangement ), signed 25 June 2026, Annex 1 (Spanish implementation plan), second phase); "two annexes to the current airport terminal will be built on the north eastern and north western corners to allow for the control of persons and goods by the competent authorities of the United Kingdom, in respect of Gibraltar" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Implementation (Arrangement ), signed 25 June 2026, Annex 2 (implementation plan for the UK, for Gibraltar), second phase)
Grade: Under review. The two implementation plans provide for a permanent extension to the airport terminal, described as two building annexes on its north-eastern and north-western corners. Spain's plan says the annexes will allow the EU's competent authorities to control persons and goods, and the plan of the UK, for Gibraltar, says they will allow its own competent authorities to do so; neither plan says that one annex is for each side. The border-checks arrangement (on how Schengen border checks and border surveillance will be carried out) provides for a second-line checks area as a shared working space designed and built to the design in a drawing attached to the arrangement. That drawing is not reproduced in the text extraction. No text read says that the crossing point or the shared space lies half in Spain and half in Gibraltar, or equidistant between them. A plan or drawing of the site would settle it.
Grade: Under review. The two implementation plans provide for a permanent extension to the airport terminal, described as two annexes on its north-eastern and north-western corners. Spain's plan says the annexes are to allow for the control of persons and goods by the competent authorities of the EU, and the plan of the UK, for Gibraltar, says by its own competent authorities; neither plan says that one annex is for each side. Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted) provides for a Second Line Checks Area as 'a shared working space designed and built in accordance with the design at Annex A' (paragraph 2.1.2). Annex A is a drawing that the text extraction does not reproduce. No text read says that the crossing point or the shared space lies half in Spain and half in Gibraltar, or equidistant between them. A plan or drawing of the site would settle it.
What would settle it: Does any site plan or drawing, such as the design annexed to the border-checks arrangement, show where the shared airport facility, the border crossing point and the Second Line Checks Area stand: in Gibraltar, in Spain, midway, or partly in each? (Question 2.68 in Questions about the treaty, Part 2.)
What would settle it: Does any site plan or drawing, such as Annex A to Arrangement , show where the shared airport facility, the border crossing point and the Second Line Checks Area stand: in Gibraltar, in Spain, midway, or partly in each? (Question 2.68 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 19 (motion on ratification, opening speech)
The words: "The provision for Spanish officers to come out of that facility is limited and it will not be Madam Speaker in uniform or armed unless a specific permission granted in a mutual legal assistance manner between our particular law enforcement agencies.... it will always be the Gibraltar officers who will hold the executive authority in Gibraltar"
Checked against: "Any Spanish official outside of the Second Line Checks Area or Schengen immigration booths will be in civilian clothes but suitably identified." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), signed 25 June 2026, paragraph 2.1.4(b)); "The officers carrying out the surveillance may carry their service weapons during the surveillance save where specifically otherwise decided by the requested Participant; their use will be prohibited save in cases of legitimate self-defence;" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 3.4(c)); "The pursuing officers will be easily identifiable, either by their uniform, by means of an armband or by accessories fitted to their vehicles" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 6.4(c)); "The pursuing officers may carry their service weapons; their use will be prohibited save in cases of legitimate self-defence;" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 6.4(d))
Grade: Incomplete. The arrangement on how Schengen border checks and border surveillance will be conducted supports the first part for officers who leave the booths to supervise e-gates (automated border gates) and escort passengers: they are to wear civilian clothes but be suitably identified. The statement leaves out the rules on surveillance and pursuit. Under the arrangement on continued surveillance and uninterrupted pursuit, Spanish officers on continued surveillance may carry service weapons unless the requested Participant (our reading: the side into whose territory the surveillance continues) decides otherwise, and on pursuit may carry service weapons and are to be easily identifiable, by uniform, an armband or equipment fitted to their vehicles; using the weapons is prohibited except in legitimate self-defence. None of these provisions makes carrying weapons depend on a permission given through mutual legal assistance, and none mentions mutual legal assistance. The statement is about officers who come out of the airport facility; the border checks arrangement has no provision on weapons for them, so the statement is graded for what it leaves out, and the surveillance and pursuit arrangement is the part it does not mention. The treaty also gives the Spanish authorities the right to arrest, search and detain where it is justified in the course of border control carried out by them, in accordance with Spanish, EU and international law. The statement that Gibraltar officers hold the executive authority is not tested separately; the treaty gives Gibraltar's authorities the action where a Gibraltar resident is to be arrested on a Spanish alert.
Grade: Incomplete. Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted) supports the first part for officers who leave the booths to supervise e-gates (automated border gates) and escort passengers: they are to be 'in civilian clothes but suitably identified' (paragraph 2.1.4(b)). The statement leaves out the surveillance and pursuit provisions. Under Arrangement (the administrative arrangement on continued surveillance and uninterrupted pursuit), Spanish officers on continued surveillance may carry service weapons unless the requested Participant (our reading: the side into whose territory the surveillance continues) decides otherwise, and on pursuit may carry service weapons and are to be easily identifiable, by uniform, an armband or equipment fitted to their vehicles, with use prohibited except in legitimate self-defence (paragraphs 3.4(c), 6.4(c) and 6.4(d)). None of these paragraphs makes the carrying of weapons depend on a permission given through mutual legal assistance, and none mentions mutual legal assistance. The statement is about officers who come out of the airport facility; Arrangement has no provision on weapons for them, so it is graded for what it leaves out, and Arrangement , which covers surveillance and pursuit, is the part it does not mention. Article 33(4)(c)(ii) also gives the Spanish authorities the right to arrest, search and detain where it is justified in the course of border control carried out by them, in accordance with Spanish, EU and international law. The statement that Gibraltar officers hold the executive authority is not tested separately; Article 34(9) gives Gibraltar's authorities the action where a Gibraltar resident is to be arrested on a Spanish alert.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 19 (motion on ratification, opening speech)
The words: "That is identical to the provisions on hot pursuit in the Schengen agreement between all other Schengen states and based on a notification regime.... those measures are it is important to say reciprocal, and they permit our officers also to enter Spanish territory."
Checked against: "Officers of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain who are pursuing an individual caught in the act of committing or of participating in one of the offences listed in Annex 8 may continue pursuit, in line with the relevant Schengen acquis, in Spain or Gibraltar, respectively." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 56(1)); "The competent authorities of the Participants which intend to carry out uninterrupted pursuit in the territory of the other Participant will inform, no later than when the requesting officers are about to enter Spain or Gibraltar" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 5.1)
Grade: Incomplete. The treaty's rule on pursuit works both ways: officers of either side may continue a pursuit into the other's territory. The administrative arrangement on continued surveillance and uninterrupted pursuit requires the pursuing side to tell the other no later than when its officers are about to enter. Those two parts are borne out. The treaty says in line with the relevant Schengen rules; it does not say 'identical'. It also limits pursuit to a person caught in the act of an offence on the treaty's list, or who has escaped from custody, and the arrangement adds its own conditions, including that the procedure is set by a declaration and that weapons may be used only in legitimate self-defence. The Schengen Convention is held. It differs from the treaty and the arrangement in these respects: it allows pursuit without prior authorisation only where urgency prevents notice in advance or the other side cannot reach the scene in time; it says in terms that the pursuit ends as soon as the Party in whose territory it is taking place so requests; it says pursuit is solely over land borders; it allows the declaration to set an area or period; and it requires a person who is not a national of the host Party, once arrested by the local authorities, to be released no later than six hours after the arrest was made, not including the hours between midnight and 9.00 a.m., unless a request for that person's provisional arrest for the purposes of extradition has previously been received (a different rule from the five-hour limit on surveillance). The arrangement does contemplate a request to cease (detention applies only if no request to cease the uninterrupted pursuit is made), but it has no sentence that the pursuit ceases on request (Gibraltar's 2026 regulations on uninterrupted pursuit have it cease when the local authorities take over); it has nothing on land borders, an area or period, or the six-hour limit. The treaty says in line with, not identical.
Grade: Incomplete. Article 56(1) is reciprocal: officers of either side may continue a pursuit into the other's territory. Arrangement (the administrative arrangement on continued surveillance and uninterrupted pursuit), paragraph 5.1, requires the pursuing side to inform the other no later than when its officers are about to enter. Those two parts are borne out. The text says 'in line with the relevant Schengen acquis'; it does not say 'identical'. It also limits pursuit to a person caught in the act of an offence listed in Annex 8, or who has escaped from custody, and Arrangement Part 6 adds its own conditions, including that the procedure is set by a declaration (paragraphs 6.1 and 6.2) and that weapons may be used only in legitimate self-defence (paragraph 6.4(d)). The Schengen Convention is held. Its Article 41 differs from Article 56 and Arrangement in these respects: it allows pursuit without prior authorisation only where urgency prevents notice in advance or the other side cannot reach the scene in time (41(1)); it says in terms that “The hot pursuit will cease as soon as the Contracting Party in whose territory the pursuit is taking place so requests” (41(1)); it says “Pursuit shall be solely over land borders.” (41(5)(b)); it allows the declaration to set an area or period (41(3)); and it requires a person who is not a national of the host Party, once arrested by the local authorities, to be released “no later than six hours after the arrest was made, not including the hours between midnight and 9.00 a.m., unless the competent local authorities have previously received a request for that person's provisional arrest for the purposes of extradition” (41(6)) (a different rule from the five-hour limit on surveillance). Arrangement does contemplate a request to cease (6.1(b): detention applies only “If no request to cease the uninterrupted pursuit is made”), but it has no sentence that the pursuit ceases on request (Gibraltar's 2026 regulations on uninterrupted pursuit have it cease when the local authorities take over); it has nothing on land borders, an area or period, or the six-hour limit. The treaty says “in line with”, not “identical”.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, pages 19, 20 (motion on ratification, opening speech)
The words: "that Spain will be the Schengen State that will have to issue the visas for third country nationals who require a visa to come to Gibraltar if they are only coming to Gibraltar... the Treaty says very clearly that Spain is only doing that as the... neighbouring state"
Checked against: "Where the main purpose is to stay in Gibraltar, the Kingdom of Spain, as the neighbouring Member State, shall issue the visa." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 47(3)); "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, which shall be marked in the 'comments' section of the visa." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 47(4))
Grade: Incomplete. The treaty says that, where the main purpose is to stay in Gibraltar, Spain, as the neighbouring EU country, is to issue the visa. That bears out the statement and the words 'as the neighbouring state'. What the statement leaves out is first that the rule turns on the main purpose of the stay, not on a person coming 'only' to Gibraltar. It also leaves out two further rules. Spain must tell the UK, for Gibraltar, before issuing, and if the UK, for Gibraltar, tells Spain that the visa should not be issued, for sufficiently serious reasons of public policy, internal security or public health, any visa Spain issues is not valid for Gibraltar. And the UK's competent authorities for Gibraltar may issue exceptional visas at the border on compelling humanitarian grounds, unless Spain objects for sufficiently serious reasons of public policy, internal security or public health, and no more than 15 in a calendar year, a number the Cooperation Council may change.
Grade: Incomplete. Article 47(3) says that, where the main purpose is to stay in Gibraltar, Spain 'as the neighbouring Member State, shall issue the visa'. That bears out the statement and the words 'as the neighbouring state'. What the statement leaves out is first that Article 47(3) turns on the 'main purpose' of the stay, not on a person coming 'only' to Gibraltar. It also leaves out two further provisions. Under Article 47(4) Spain must notify the UK, for Gibraltar, before issuing, and if the UK, for Gibraltar, informs Spain that the visa should not be issued, for sufficiently serious reasons of public policy, internal security or public health, any visa Spain issues is not valid for Gibraltar. Under Article 48 the UK's competent authorities for Gibraltar may issue exceptional visas at the border on compelling humanitarian grounds, unless Spain objects for sufficiently serious reasons of public policy, internal security or public health (Article 48(4)), and no more than 15 in a calendar year, a number the Cooperation Council may change (Article 48(6)).
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, pages 20, 21 (motion on ratification, opening speech)
The words: "the checks that Spain is carrying out are being carried out for Schengen and against the Schengen Information System.... they relate to checks on public security, public health and public policy.... is the highest standard required in EU law"
Checked against: "where the applicant is considered, in accordance with the Schengen acquis, to be a threat to public policy1, internal security, public health or the international relations of a Member State, including on the basis of an alert issued in the Schengen Information System." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(3)); "Measures taken on the grounds of public policy shall be proportionate and shall be based exclusively on the personal conduct of the individual concerned, which must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50, footnote 1)
Grade: Incomplete. The treaty allows Spain to object to the issue or renewal of a residence permit where the applicant is considered, under the Schengen rules, to be a threat, including on the basis of an alert in the Schengen Information System. A footnote in the treaty sets a standard for public policy: measures must be proportionate, based only on personal conduct, and answer a real, present and serious enough threat to one of the basic interests of society. The statement lists three grounds: public security, public health and public policy. The treaty lists four: public policy, internal security, public health and the international relations of an EU country. The fourth is left out. Whether this is 'the highest standard required in EU law' is a statement about EU law that no held text settles.
Grade: Incomplete. Article 50(3) allows Spain to object to the issue or renewal of a residence permit where the applicant is considered, in line with the Schengen rules, to be a threat, 'including on the basis of an alert issued in the Schengen Information System'. The footnote to Article 50(3) sets a standard for public policy: measures must be proportionate, based exclusively on personal conduct, and represent 'a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society'. The statement lists three grounds: public security, public health and public policy. The text lists four: public policy, internal security, public health and 'the international relations of a Member State'. The fourth is left out. Whether this is 'the highest standard required in EU law' is a statement about EU law that no held text settles.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 21 (motion on ratification, opening speech)
The words: "That person must be able to challenge that refusal. They would do so, Madam Speaker, in the Member State which issued the objection."
Checked against: "the appropriate remedies in accordance with national and Union law." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(3)(c))
Grade: Incomplete. The treaty provides that, on request, Spain tells the applicant of its decision to object, the reasons, and the remedies available under national and EU law. That bears out the point that a person can challenge the refusal. That provision does not say in which EU country the challenge is made, or that the challenge is brought in another country when the objection rests on that country's alert. Neither of the two provisions read has a rule on that point.
Grade: Incomplete. Article 50(3) provides that, on request, Spain informs the applicant of its decision to object, the grounds, and 'the appropriate remedies in accordance with national and Union law'. That bears out the point that a person can challenge the refusal. The Article does not say in which EU country the challenge is made, or that the challenge is brought in another State when the objection rests on that country's alert. Neither Article 50 nor Article 6 has a provision on that point.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 21 (motion on ratification, opening speech)
The words: "The only thing we will do together is decide together who should operate Gibraltar Airport and monitor that they do so properly and keeping with the tender that has been granted"
Checked against: "The joint venture shall select, through regular public tender, and supervise the commercial company in charge of the day-to-day management of Gibraltar airport." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 274(1)); "The Government shall have the power by notice in the Gazette to grant to a joint venture company constituted in accordance with Article 274 the right to select, through regular public tender, the commercial company that should be in charge of the day-to-day management of Gibraltar airport and to supervise the provision of the services provided by the company in accordance with Annex 25." (Treaty on Gibraltar and the European Union Act 2026, section 135(2))
Grade: Incomplete. The treaty provides that the joint venture company is to choose, through regular public tenders, and supervise the commercial company in charge of the day-to-day management of Gibraltar airport. Gibraltar's 2026 Act that brings the treaty into Gibraltar law gives the Government the power to grant the joint venture company that right by notice in the Gazette. So the joint venture's role is to choose and supervise the operating company; it does not itself manage the airport. None of the airport provisions read, in the treaty or in the Act, gives the joint venture a role in running the airport day to day, and none attaches a condition to the role described. The treaty allows the tender to set the contract and labour law that applies to the commercial company. What the statement leaves out is that the texts provide for other things done jointly: joint sea patrols (under the arrangement on how Schengen border checks and border surveillance will be conducted) and second line checks in the second line checks area. 'The only thing we will do together' therefore reads wider than the texts. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 274(1) provides that the joint venture company 'shall select, through regular public tender, and supervise the commercial company in charge of the day-to-day management of Gibraltar airport'. Section 135(2) of the Treaty on Gibraltar and the European Union Act 2026 gives the Government the power to grant the joint venture company that right by notice in the Gazette. So the joint venture's role is to choose and supervise the operating company; it does not itself manage the airport. None of Articles 271 to 275, Annex 25 or section 135 gives the joint venture a role in running the airport day to day, and none attaches a condition to the role described. Article 274(2) allows the tender to set the contract and labour law that applies to the commercial company. What the statement leaves out is that the texts provide for other things done jointly: joint maritime patrols (Arrangement , the administrative arrangement on how Schengen border checks and border surveillance will be conducted, paragraph 3.2.2) and second line checks in the Second Line Checks Area (Article 29(6)). 'The only thing we will do together' therefore reads wider than the texts. The provisions read are Articles 271 to 275, Annex 25, section 135, Article 29(6) and Arrangement , paragraph 3.2.2.
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.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 21 (motion on ratification, opening speech)
The words: "the airport will continue to be owned by the Government of Gibraltar, and it will continue to be operated by Gibraltar Air Terminal Management Ltd.... That new company will be owned 50/50 by Gibraltar and Spain."
Checked against: "A joint venture company shall be constituted under the shared responsibility of the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 274(1)); "The Government of Gibraltar will also be responsible for establishing the independent consultative body under Article 248(5) of the Agreement and for constituting the joint venture company together with the Kingdom of Spain under Article 274 of the Agreement." (Concordat concerning the implementation of the UK-EU Agreement in respect of Gibraltar, signed 14 July 2026, section 'Responsibilities')
Grade: Shaded. The statement says the airport will continue to be owned by the Government of Gibraltar and operated by Gibraltar Air Terminal Management Ltd. That part is read as an accurate description of who owns and operates the airport, and the grade does not rest on it. The grade rests on the new company. The treaty says the joint venture company is set up under the shared responsibility of the UK, for Gibraltar, and Spain, and that it must not be set up in either State sharing responsibility for it and must be set up in an EU country. The texts read give no split of ownership, so "owned 50/50 by Gibraltar and Spain" is more specific than the text. The treaty also has the joint venture choose, through regular public tender, and supervise the commercial company in charge of the day-to-day management of Gibraltar airport, and Gibraltar's 2026 Act that brings the treaty into Gibraltar law gives the Government power to grant the joint venture company that right by notice in the Gazette.
Grade: Shaded. The statement says the airport will continue to be owned by the Government of Gibraltar and operated by Gibraltar Air Terminal Management Ltd. That part is read as an accurate description of the ownership and operation of the airport, and the grade does not rest on it. The grade rests on the new company. Article 274(1) says the joint venture company is constituted 'under the shared responsibility of the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain', and that it 'shall not be constituted in either State sharing responsibility for the joint venture company and shall be constituted in a Member State'. The texts read give no split of ownership, so 'owned 50/50 by Gibraltar and Spain' is more specific than the text. Article 274(1) also has the joint venture select, through regular public tender, and supervise the commercial company in charge of the day-to-day management of Gibraltar airport, and section 135(2) of the Treaty on Gibraltar and the European Union Act 2026 gives the Government power to grant the joint venture company that right by notice in the Gazette. The provisions read are Article 274(1), section 135(2) of the Act and the section on responsibilities in the UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar.
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.
What would settle it: What do the founding documents of the joint venture company and the airport tender say about where it is constituted, how its shares are held, its voting rules and deadlock procedure, and who owns the terminal? (Question 2.74 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 22 (motion on ratification, opening speech)
The words: "the transaction tax, first at 15%, then at 16%, and then 17%, or whatever is the lowest in the Union at any one time... will never be lower than the lowest in the European Union but never has to be higher"
Checked against: "the standard rate shall be set at not less than the lowest standard VAT rate applied by a Member State, which at the time of signature of this Agreement is 17 %." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(3)(a)); "the lower rate that may be proposed by the independent consultative body would never be lower than two percentage points below the lowest standard rate of VAT applied by any Member State." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(3)(a)(ii)); "shall adjust the indirect taxation rates to be applied in Gibraltar to a level deemed appropriate according to the recommendations of that independent consultative body" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 248(6))
Grade: Under review. The stages of 15, 16 and 17 per cent, and the rule that the standard rate is not less than the lowest standard VAT rate of any EU country, match the treaty annex that sets these rates. Two parts of the statement differ from the text. First, the rate is not always at or above the lowest rate: the independent consultative body may recommend a lower rate for a selection of goods, down to two percentage points below the lowest standard VAT rate. Second, the rate can be required to rise. The treaty says that if the consultative body finds a distortion, the UK, for Gibraltar, must adjust the rates to a level deemed appropriate on its recommendations, within the limits the treaty sets for those rates. The same annex provides for a higher rate as the independent consultative body may consider appropriate, and the treaty lets the EU levy VAT and excise on goods for set periods if the UK, for Gibraltar, does not comply. The words "never has to be higher" are therefore not borne out. The draft treaty laid on 26 February 2026 carries the same provisions. The provisions read are the treaty's clauses on these rates and on what happens if the UK, for Gibraltar, does not comply, and the annex that sets the rates with its appendix.
Grade: Under review. The stages of 15, 16 and 17 per cent, and the rule that the standard rate is not less than the lowest standard VAT rate of any EU country, match Annex 24, Article 2(3)(a). Two parts of the statement differ from the text. First, the rate is not always at or above the lowest rate: the independent consultative body may recommend a lower rate for a selection of goods, down to two percentage points below the lowest standard VAT rate (Annex 24, Article 2(3)(a)(ii)). Second, the rate can be required to rise. Article 248(6) says that if the consultative body finds a distortion, the UK, for Gibraltar, 'shall adjust' the rates to a level deemed appropriate on its recommendations, within the limits set out in Articles 2 and 6 of Annex 24. Annex 24, Article 2(3)(a)(i) provides for a higher rate 'as the independent consultative body may consider appropriate', and Article 249 lets the EU levy VAT and excise on goods for set periods if the UK, for Gibraltar, does not comply. The words 'never has to be higher' are therefore not borne out. The draft UK-EU Agreement in respect of Gibraltar laid on 26 February 2026 carries the same provisions (Annex 24, Article 2(3)(a) and Article 248(6)). The provisions read are Articles 248 and 249 and Annex 24, Articles 1 to 6 and Appendix 1.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 22 (motion on ratification, opening speech)
The words: "will only ever be levied on the value of the importation of goods into Gibraltar by a wholesaler or an importer.... will be levied on import value, not sales value"
Checked against: "when goods produced in Gibraltar leave the production site;" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 1(1)(d)); "The taxable amount for goods imported into Gibraltar shall be determined with reference to the value for customs purposes." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(1)); "The person who declares the goods or on whose behalf they are declared for entry into Gibraltar" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 3(1))
Grade: Incomplete. For imported goods the tax is worked out from the customs value. That bears out 'import value, not sales value' for imports. What the statement leaves out is that the tax is not only on imports. Under the treaty it is also charged when goods produced in Gibraltar leave the production site, on their open market value; when goods are found to have entered Gibraltar irregularly; and when travellers bring in goods above the allowances the treaty sets. The person liable is the person who declares the goods for entry, or the producer, which is not limited to a wholesaler or importer. The taxable amount for imports also includes taxes, duties and incidental costs such as commission, packing, transport and insurance, as well as the customs value.
Grade: Incomplete. For imported goods the tax is worked out from the customs value (Annex 24, Article 2(1)). That bears out 'import value, not sales value' for imports. What the statement leaves out is that the tax is not only on imports. Under Annex 24, Article 1(1) it is also charged when goods produced in Gibraltar leave the production site, on their open market value (Article 2(2)); when goods are found to have irregularly entered Gibraltar; and when travellers bring in goods above the allowances in Annex 23. The person liable is the person who declares the goods for entry, or the producer (Article 3), which is not limited to a wholesaler or importer. The taxable amount for imports also includes taxes, duties and incidental costs such as commission, packing, transport and insurance, as well as the customs value (Article 2(1)(a) and (b)).
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 23 (motion on ratification, opening speech)
The words: "We will still, legally and formally, be subject to the rule that you cannot be in the Schengen Area for more than 90 days in 180."
Checked against: "Persons resident in Gibraltar may enter and stay, without a visa for a maximum period of 90 days in any 180-day period, in the territory of Member States applying the Schengen acquis in full." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 41(1), second subparagraph)
Grade: Incomplete. The treaty lets people resident in Gibraltar enter and stay without a visa for at most 90 days in any 180 days. The statement leaves out two limits. Under the treaty, people resident in Gibraltar does not include EU citizens or nationals of Iceland, Liechtenstein, Norway and Switzerland, nor nationals of Andorra and San Marino once their free movement agreements enter into force. And each EU country may decide to require a visa from people resident in Gibraltar who travel to carry out paid activity.
Grade: Incomplete. Article 41(1) lets persons resident in Gibraltar enter and stay without a visa for a maximum of 90 days in any 180-day period. The statement leaves out two limits. Under Article 26(j) 'persons resident in Gibraltar' excludes EU citizens and nationals of Iceland, Liechtenstein, Norway and Switzerland, and nationals of Andorra and San Marino once their free movement agreements enter into force. And under Article 41(2) each EU country may decide to impose a visa requirement on persons resident in Gibraltar travelling for the purpose of carrying out a paid activity. The provisions read are Articles 26(j), 41(1) and 41(2).
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 23 (motion on ratification, opening speech)
The words: "The clock on the 90 in 180 will never start to tick, so there is a de facto issue there but it is not de jure."
Checked against: "no entry or exit stamp shall be affixed to the travel documents of persons resident in Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 42(1)); "Persons resident in Gibraltar shall be exempt from the requirements of the Entry/Exit System." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 42(1), second subparagraph)
Grade: Shaded. The treaty keeps the limit for persons resident in Gibraltar: they may enter and stay without a visa for at most 90 days in any 180-day period in the territory of EU countries applying the Schengen rules in full. It says that when they cross the external borders of an EU country, including at the border crossing points the treaty provides for at Gibraltar port and airport, no entry or exit stamp is put in their travel documents and they do not have to meet the requirements of the Entry/Exit System. So the text removes those two ways of recording stays and leaves the 90 in 180 limit in place, and 'will never start to tick' reads wider than the text.
Grade: Shaded. Article 41(1) keeps the limit for persons resident in Gibraltar: they may enter and stay without a visa for 'a maximum period of 90 days in any 180-day period' in the territory of EU countries applying the Schengen rules in full. Article 42(1) says that 'When crossing the external borders of a Member State, including the border crossing points referred to in Article 29(1)', no entry or exit stamp is affixed to their travel documents and they are exempt from the requirements of the Entry/Exit System; Article 29(1) provides for border crossing points at Gibraltar port and airport. So the text removes those two ways of recording stays and leaves the 90 in 180 limit in place, and 'will never start to tick' reads wider than the text. The provisions read are Articles 29(1), 41(1) and 42(1).
What would settle it: How are days spent in the Schengen area by persons resident in Gibraltar to be recorded and counted for the 90 in 180 limit, when no stamp is affixed and the Entry/Exit System does not apply to them? (Question 2.75 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 23 (motion on ratification, opening speech)
The words: "This is not a Treaty on freedom of movement.... Under this agreement, none of those can come to live in Gibraltar."
Checked against: "A legal right to reside in Gibraltar shall be proven on the basis of a person holding a valid identity card or residence permit issued in Gibraltar by the competent authorities of the United Kingdom, in respect of Gibraltar, and subject to the conditions set out in this Article." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 45(1)); "a residence permit issued in Gibraltar unless they are able to demonstrate a genuine connection with Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 45(4)(b)); "Citizens of the Union, their third-country family members who hold a residence card under Directive 2004/38/EC, and third-country nationals legally residing in the Member States applying the Schengen acquis in full may enter and stay in Gibraltar without a visa for a maximum period of 90 days in any 180-day period." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 41(1), first subparagraph)
Grade: Incomplete. The treaty does not give EU citizens a right to live in Gibraltar. A legal right to reside is proven by an identity card or residence permit issued in Gibraltar, on conditions set by Gibraltar law in force when the treaty starts, and the treaty sets limits on how those conditions may change. That bears out the first sentence. It does not bear out 'none of those can come to live in Gibraltar' without qualification. The treaty lets Gibraltar issue a residence permit to a person who shows a genuine connection with Gibraltar, and nothing in the treaty's rule on the right to reside excludes EU citizens from that route. The treaty also lets EU citizens and legally resident third-country nationals stay in Gibraltar for up to 90 days in any 180 without a visa. The statement leaves these out. The provisions read are two groups of the treaty's rules, including those on visa-free stays and the right to reside.
Grade: Incomplete. The UK-EU Agreement in respect of Gibraltar does not give citizens of the EU a right to live in Gibraltar. A legal right to reside is proven by an identity card or residence permit issued in Gibraltar, on conditions set by Gibraltar legislation in force when the treaty starts (Article 45(1) and (2)), and the treaty sets limits on how those conditions may change (Article 45(4) to (6)). That bears out the first sentence. It does not bear out 'none of those can come to live in Gibraltar' without qualification. Article 45(4)(b) lets Gibraltar issue a residence permit to a person who shows 'a genuine connection with Gibraltar', and nothing in Article 45 excludes EU citizens from that route. Article 41(1) also lets citizens of the EU and legally resident third-country nationals stay in Gibraltar for up to 90 days in any 180 without a visa. The statement leaves these out. The provisions read are Articles 40 to 52 and 291 to 298.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 29 (motion on ratification, amendment debate)
The words: "The presence of a uniformed Spanish police officer will only be inside the second line check facility, inside the Schengen shack, because the passport control booth is inside that equidistant facility."
Checked against: "Spanish officials present at the airport outside the Second Line Checks Area will be present in two ways: a. Within the Schengen immigration booths: officers within the immigration booths may be in uniform." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), signed 25 June 2026, paragraph 2.1.4(a))
Grade: Under review. The border-checks arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be carried out) speaks of Spanish officials present at the airport outside the second-line checks area, who are either inside the Schengen immigration booths (where officers may be in uniform) or outside the booths (in plain clothes). Whether the immigration booths lie inside the new shared facility, or elsewhere at the airport, depends on the design shown in an annex that is a drawing. The text does not say. A copy of that design would settle it.
Grade: Under review. Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted), paragraph 2.1.4, speaks of Spanish officials 'present at the airport outside the Second Line Checks Area', who are either within the Schengen immigration booths (where officers 'may be in uniform') or outside the booths (in civilian clothes). Whether the immigration booths lie inside the new shared facility, or elsewhere at the airport, depends on the design in Annex A, which is a drawing. The text does not say. A copy of that design would settle it.
What would settle it: Does the design annexed to the border-checks arrangement place the Schengen immigration booths inside the shared facility with the Second Line Checks Area? (Question 2.76 in Questions about the treaty, Part 2.)
What would settle it: Does the design at Annex A to Arrangement place the Schengen immigration booths inside the shared facility with the Second Line Checks Area? (Question 2.76 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, pages 29, 30 (motion on ratification, amendment debate)
The words: "the potential for armed Spanish police to be in Gibraltar, and yet that someone should vote for it.... We are not permitting that. We would not permit that. That is not permitted under these arrangements."
Checked against: "The officers carrying out the surveillance may carry their service weapons during the surveillance save where specifically otherwise decided by the requested Participant; their use will be prohibited save in cases of legitimate self-defence;" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 3.4(c)); "The pursuing officers may carry their service weapons; their use will be prohibited save in cases of legitimate self-defence;" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 6.4(d))
Grade: Under review. Graded against the signed pursuit arrangement (the administrative arrangement on continued surveillance and uninterrupted pursuit), which had not been published on the date of the statement. That arrangement provides that Spanish officers on continued surveillance in Gibraltar may carry their service weapons (unless the requested Participant (our reading: the side into whose territory the surveillance continues) decides otherwise), and that officers on uninterrupted pursuit may carry their service weapons, which they may not use except in legitimate self-defence. Armed Spanish officers can therefore be in Gibraltar under the arrangements. The statement says the potential for armed Spanish police in Gibraltar 'is not permitted under these arrangements'. In the same debate the Chief Minister was speaking about the border facility at the airport, and on 30 March he said that continued surveillance and hot pursuit are the exceptions. The words of this statement are not limited to the airport, and the text differs from them. The arrangement had not been published on 3 March 2026 (it was signed on 25 June 2026), and the draft treaty says nothing about officers carrying weapons; it leaves the practical details of continued surveillance and pursuit to administrative arrangements. So no text we hold settles what was right on that date.
Grade: Under review. Graded against the signed Arrangement (the administrative arrangement on continued surveillance and uninterrupted pursuit), which was not published on the date of the statement. Arrangement provides that Spanish officers on continued surveillance in Gibraltar may carry their service weapons (unless the requested Participant (our reading: the side into whose territory the surveillance continues) decides otherwise), and that officers on uninterrupted pursuit may carry their service weapons, with use prohibited except in legitimate self-defence (paragraphs 3.4(c) and 6.4(d)). Armed Spanish officers can therefore be in Gibraltar under the arrangements. The statement says the potential for armed Spanish police in Gibraltar 'is not permitted under these arrangements'. In the same debate the Chief Minister was speaking about the border facility at the airport, and on 30 March he said that continued surveillance and hot pursuit are the exceptions (page 43). The words of this statement are not limited to the airport, and the text differs from them. Arrangement was not published on 3 March 2026 (it was signed on 25 June 2026), and the draft UK-EU Agreement in respect of Gibraltar says nothing about officers carrying weapons; Articles 55 and 56 leave the practical modalities to administrative arrangements. So no text held settles what was right on that date.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, pages 30, 32 (motion on ratification, amendment debate)
The words: "The Spanish police officer, inside the equidistant facility, will be doing only Schengen functions. No executive function of Gibraltar will be carried out by these individuals.... If they decide a person cannot go into Schengen, the person can still come into Gibraltar under the provisions for the specific Gibraltar entry provision."
Checked against: "the competent authorities of the Kingdom of Spain shall perform any functions which are required to exercise border control, comprising border checks and border surveillance, as set out in the Schengen Borders Code and related tasks under Union law." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(1)); "The competent authorities of the Kingdom of Spain shall enforce a refusal of entry in respect of third-country nationals who do not fulfil entry conditions under Union law, only, in accordance with point (a)(ii) of Article 33(4)" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 35(2)); "entry conditions required by the competent authorities of the United Kingdom, in respect of Gibraltar, and the competent authorities of the Kingdom of Spain shall be cumulative." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(7))
Grade: Incomplete. The treaty gives the Spanish authorities border control functions as the Schengen border rules set them out, which supports 'only Schengen functions'. What the statement leaves out is that those functions include the right to arrest, search, detain and interview in the course of border control, and border surveillance in Gibraltar. On the second sentence, the treaty deals with refusals separately: the UK's authorities for Gibraltar enforce a refusal based on Gibraltar's conditions only, the Spanish authorities one based on the EU conditions only, and both together where a person fails both. The treaty also says, however, that the entry conditions of the two sets of authorities apply together, one on top of the other. The text does not say in terms that a person refused under the EU conditions alone can still enter Gibraltar.
Grade: Incomplete. Article 33(1) gives the Spanish authorities border control functions 'as set out in the Schengen Borders Code', which supports 'only Schengen functions'. What the statement leaves out is that those functions include the right to arrest, search, detain and interview in the course of border control (Article 33(4)(c)(ii)), and border surveillance in Gibraltar (Article 33(3)). On the second sentence, Article 35 treats refusals separately: the UK's authorities for Gibraltar enforce a refusal on Gibraltar's conditions only, the Spanish authorities on EU conditions only, and both jointly where a person fails both (Article 35(1) to (3)). Article 29(7), however, says the entry conditions of the two sets of authorities 'shall be cumulative'. The text does not say in terms that a person refused under the EU conditions alone can still enter Gibraltar. The provisions read are Articles 29, 32 to 35 and 43.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 10 (motion on ratification, opening speech)
The words: "Because this has caused many to be concerned that a trigger for termination is in Spain's hand but there is no similar trigger in our hands.... that Spanish trigger being in the Treaty and ours not needing to be in the Treaty."
Checked against: "Either Party may terminate this Agreement by written notification through diplomatic channels. This Agreement and any supplementing agreement shall cease to be in force on the first day of the twelfth month following the date of notification." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 334); "Following completion of the evaluation referred to in Article 65 and without prejudice to Article 334, the Union, including at the request of the Kingdom of Spain, and the United Kingdom may terminate this Agreement by written notification through diplomatic channels." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 66(1)); "Where the Kingdom of Spain has requested the Union to terminate this Agreement, in accordance with paragraph 1, the Union shall take the necessary steps in accordance with its internal procedures, with a view to terminating this Agreement." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 66(2))
Grade: Incomplete. The Chief Minister describes a concern that Spain holds a termination trigger and the UK does not, and then speaks of 'that Spanish trigger being in the Treaty and ours not needing to be'. The text bears out the first half. The treaty mentions a request by Spain, and says what the EU must do when Spain has made one: take the necessary steps under its internal procedures with a view to ending the treaty. No matching provision deals with a request by the UK. What the statement leaves out is that the UK has its own right to end the treaty. The treaty says the EU (including at Spain's request) and the UK may end it after the evaluation, and it lets either side end it by written notice, with the treaty ceasing on the first day of the twelfth month after the notice. Under the signed text a Spanish request does not itself end the treaty; it starts the EU's own procedure. The draft treaty laid on 26 February 2026, which was before the House on 3 March, said that the EU would go ahead with ending it; the signed text differs. The omission the grade rests on, the UK's own right to end the treaty, is in both texts. The provisions read are listed in the texts.
Grade: Incomplete. The Chief Minister describes a concern that Spain holds a termination trigger and the UK does not, and then speaks of 'that Spanish trigger being in the Treaty and ours not needing to be'. The text bears out the first half. Article 66(1) mentions a request by Spain, and Article 66(2) says what the EU must do when Spain has made one: take the necessary steps under its internal procedures 'with a view to terminating'. No equivalent paragraph deals with a request by the UK. What the statement leaves out is that the UK has its own right to end the UK-EU Agreement in respect of Gibraltar. Article 66(1) says the UK may terminate after the evaluation, and Article 334 lets either Party terminate by written notice, with the treaty ceasing on the first day of the twelfth month after the notice. Under the signed text a Spanish request does not itself end the treaty; it starts the EU's own procedure. The draft UK-EU Agreement in respect of Gibraltar laid on 26 February 2026, which was before the House on 3 March, said that the EU 'will proceed to such termination'; the signed text differs. The omission the grade rests on, the UK's own right to end the treaty, is in both texts. The provisions read are Articles 65, 66 and 334.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, pages 18, 19 (motion on ratification, opening speech)
The words: "There will not be border crossing points to patrol between because there will only be one. neither which is the language of the Treaty will there be a period when the border crossing points are closed because the right to carry out patrols between border crossing points is when the crossing points are closed.... the idea that there are more than one crossing point and that you can patrol between one crossing point and the other actually does not apply."
Checked against: "Border surveillance is to be carried out between border crossing points in Gibraltar including the surveillance of border crossing points outside the fixed opening hours, in order to prevent persons from circumventing border checks and prevent or detect unauthorised border crossings." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(3)); "means the surveillance of borders between border crossing points and the surveillance of border crossing points outside the fixed opening hours" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 26(c)); "the competent authorities of the Participants will conduct joint maritime patrols in jointly crewed law enforcement vessels at the borders of both Gibraltar and the surrounding area of Spain." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), signed 25 June 2026, paragraph 3.2.2)
Grade: Shaded. The Chief Minister says there will be only one crossing point, so nothing to patrol between, and that the treaty's wording rules out a period when the crossing points are closed. The treaty is worded differently. It requires border surveillance between border crossing points in Gibraltar, and of border crossing points outside their fixed opening hours, and a definition in the treaty says the same. Both speak of fixed opening hours, so the text allows for crossing points that are not open at all times; it does not say that none will be closed. The texts also provide for border surveillance as a continuing function, including joint maritime patrols at the borders of Gibraltar (in the administrative arrangement on how Schengen border checks and border surveillance will be carried out). On the number of crossing points, the treaty provides for crossing points at the port and the airport, and lets checks be carried out at the airport only if the volume of port traffic allows. Whether there will be one crossing point in practice, and whether the airport crossing point will be open at all times, is a separate matter that no held text settles (see entry 100).
Grade: Shaded. The Chief Minister says there will be only one crossing point, so nothing to patrol between, and that the language of the Treaty (the UK-EU Agreement in respect of Gibraltar) rules out a period when the crossing points are closed. The treaty is worded differently. Article 33(3) requires border surveillance 'between border crossing points in Gibraltar' and of 'border crossing points outside the fixed opening hours'. The definition in Article 26(c) says the same. Both speak of fixed opening hours, so the text allows for crossing points that are not open at all times; it does not say that none will be closed. The treaty also provides for border surveillance as a continuing function, including joint maritime patrols at the borders of Gibraltar (Arrangement , the administrative arrangement on how Schengen border checks and border surveillance will be conducted, paragraph 3.2.2). On the number of crossing points, Article 29(1) provides for crossing points at the port and the airport, and Article 29(3) lets checks be carried out at the airport only if the volume of port traffic allows. Whether there will be one crossing point in practice, and whether the airport crossing point will be open at all times, is a separate matter that no held text settles (see entry 100). The provisions read are Articles 26, 29 and 33 and Part 3 of Arrangement 4.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 19 (motion on ratification, opening speech)
The words: "the end of a hot pursuit requires that the relevant officers surrender their weapons and their vehicles I doubt to the to the enforcement agencies of the place where they have arrived"
Checked against: "Officers of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain who are pursuing an individual caught in the act of committing or of participating in one of the offences listed in Annex 8 may continue pursuit, in line with the relevant Schengen acquis, in Spain or Gibraltar, respectively." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 56(1)); "The pursuing officers may carry their service weapons; their use will be prohibited save in cases of legitimate self-defence;" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 6.4(d)); "at the request of those authorities, they will remain at their disposal until the circumstances surrounding their action have been sufficiently clarified;" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 6.4(f))
Grade: Untested. The texts read set no requirement to surrender weapons or vehicles. The Schengen Convention, which is held, requires the officers to report and to remain at the disposal of the local authorities, and says nothing about surrendering weapons or vehicles. Every held text is silent on it, so no held document settles the statement. The administrative arrangement on continued surveillance and uninterrupted pursuit says that after each operation the pursuing officers report on their mission and, if the local authorities ask, will stay at their disposal until the circumstances of their action have been sufficiently clarified. A Gibraltar Legal Notice of 2026 requires the officers to submit a report to the competent authorities and to remain available to them until the circumstances of their actions have been sufficiently clarified.
Grade: Untested. The texts read set no requirement to surrender weapons or vehicles. Article 41(5)(g) of the Schengen Convention, which is held, requires the officers to report and to remain at the disposal of the local authorities, and says nothing about surrendering weapons or vehicles. Every held text is silent on it, so no held document settles the statement. Paragraph 6.4(f) of Arrangement (the administrative arrangement on continued surveillance and uninterrupted pursuit) says that after each operation the pursuing officers report on their mission and, at the request of the local authorities, 'will remain at their disposal until the circumstances surrounding their action have been sufficiently clarified'. Regulation 5(k) of Legal Notice 152 of 2026 requires the officers to submit a report to the competent authorities and to remain available to them until the circumstances of their actions have been sufficiently clarified. The provisions read are paragraph 6.4(f) of Arrangement and regulation 5(k) of Legal Notice 152 of 2026.
What would settle it: Do the Schengen rules on pursuit that the treaty's article on uninterrupted pursuit refers to, any declaration or understanding under the part of the surveillance and pursuit arrangement on each side's declaration of how a pursuit is carried out, or any Spanish or EU rule, require pursuing officers to hand over their weapons and vehicles when the pursuit ends? (Question 2.77 in Questions about the treaty, Part 2.)
What would settle it: Do the Schengen rules on pursuit that Article 56(1) refers to, any declaration or understanding under paragraph 6.2 of the surveillance and pursuit arrangement, or any Spanish or EU rule, require pursuing officers to hand over their weapons and vehicles when the pursuit ends? (Question 2.77 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, morning session, page 20 (motion on ratification, opening speech)
The words: "Gibraltar is not a Schengen state because we are not becoming members of Schengen."
Checked against: "taking into account that Gibraltar does not participate in and is not associated with the Schengen acquis," (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Preamble, recital 6); "means the Member States which have abolished checks on persons at their common borders;" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 26(h))
Grade: Under review. The treaty's preamble records that Gibraltar does not take part in, and is not associated with, the Schengen rules. The treaty defines the EU countries that apply the Schengen rules in full as those that have abolished checks on persons at their common borders, and speaks of movement between Gibraltar and those EU countries. No provision of the treaty makes Gibraltar a member of Schengen or provides for it to become one. The treaty does apply Schengen-based border and visa rules to Gibraltar's external border, with Spanish officials carrying out checks, but those provisions do not give Gibraltar membership. The provisions read are the preamble and five articles of the treaty on these points; no condition, exception or limit in them is left out of the statement.
Grade: Under review. Recital 6 of the Preamble records that Gibraltar 'does not participate in and is not associated with the Schengen acquis'. Article 26(h) defines the EU countries that apply the Schengen rules in full as the EU countries that have abolished checks on persons at their common borders, and Article 30 speaks of circulation between Gibraltar and those EU countries. No provision of the UK-EU Agreement in respect of Gibraltar makes Gibraltar a member of Schengen or provides for it to become one. The treaty does apply Schengen-based border and visa rules to Gibraltar's external border, with Spanish officials carrying out checks (for example Articles 29, 33 and 47), but those provisions do not give Gibraltar membership. The provisions read are the Preamble and Articles 26, 29, 30, 33 and 47; no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, pages 36, 37 (motion on ratification)
The words: "We know there are seven parts to the Treaty. it is made up of over 300 articles... Part 2 covers the circulation of persons.... Part 3 deals with the economy and trade.... Part 4 addresses Frontier workers.... Part 5 are the financial provisions.... Part 7, the final provisions of the Treaty."
Checked against: "PART TWO – CIRCULATION OF PERSONS" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), table of contents); "PART THREE – ECONOMY AND TRADE" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), table of contents); "PART FOUR – FRONTIER WORKERS AND SOCIAL SECURITY COORDINATION" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), table of contents); "PART FIVE – FINANCIAL PROVISIONS" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), table of contents); "PART SEVEN – FINAL PROVISIONS" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), table of contents); "Entry into force and application" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), heading of Article 336, the last Article)
Grade: Under review. The table of contents lists seven parts: common and institutional provisions; circulation of persons; economy and trade; frontier workers and social security coordination; financial provisions; dispute settlement; and final provisions. The statement's descriptions of the parts on circulation of persons, economy and trade, frontier workers and social security coordination, financial provisions and final provisions match those headings. The part on economy and trade covers the level playing field (including taxation, labour, environment, climate and state aid), customs and indirect taxation, and transport (aviation, road and maritime), as the Deputy Chief Minister says. The body of the treaty runs to 336 articles, so "over 300 articles" is borne out. The headings contain no condition. A count of the annexes is dealt with in entry 122.
Grade: Under review. The table of contents lists seven Parts: Part One (common and institutional provisions), Part Two (circulation of persons), Part Three (economy and trade), Part Four (frontier workers and social security coordination), Part Five (financial provisions), Part Six (dispute settlement) and Part Seven (final provisions). The statement's descriptions of Parts 2, 3, 4, 5 and 7 match those headings. Part Three covers the level playing field (including taxation, labour, environment, climate and state aid), customs and indirect taxation, and transport (aviation, road and maritime), as the Deputy Chief Minister says. The body of the UK-EU Agreement in respect of Gibraltar runs from Article 1 to Article 336, so 'over 300 articles' is borne out. The headings contain no condition. A count of the annexes is dealt with in entry 122.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 36 (motion on ratification)
The words: "43 annexes, appendices and protocols"
Checked against: "43 annexes, which include protocols to the agreement." (European Parliamentary Research Service briefing on the draft agreement)
Grade: Under review. The signed treaty has 30 numbered annexes and four protocols (social security coordination; mutual administrative assistance in customs matters; administrative cooperation and combating fraud in VAT and excise duty and recovery assistance; and tobacco). It also has appendices to several annexes. No held table states a total of 43 for annexes, appendices and protocols together. A count of every annex, appendix and protocol would settle it. A European Parliament briefing described the draft treaty as having 43 annexes, which include protocols; the signed text ends at its 30th annex.
Grade: Under review. The signed UK-EU Agreement in respect of Gibraltar has Annexes 1 to 30 and four Protocols (social security coordination; mutual administrative assistance in customs matters; administrative cooperation and combating fraud in VAT and excise duty and recovery assistance; and tobacco). It also has appendices to several annexes. No held table states a total of 43 for annexes, appendices and protocols together. A count of every annex, appendix and protocol would settle it. A European Parliament briefing described the draft UK-EU Agreement in respect of Gibraltar as having '43 annexes, which include protocols'; the signed text ends at Annex 30.
What would settle it: What is the total number of annexes, appendices and protocols in the signed Agreement, and how does the published summary count them? (Question 2.78 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 37 (motion on ratification)
The words: "There will be three UK-EU Specialised Committees. The first is the Specialised Committee on the Circulation of Persons, the second on Economy and Trade and the third on Aviation. Those committees have to meet at least once a year."
Checked against: "The following Specialised Committees are hereby established: (a) the Specialised Committee on the Circulation of Persons; (b) the Specialised Committee on Economy and Trade; and (c) the Specialised Committee on Aviation." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 23(1)); "Unless otherwise provided for in this Agreement, or unless the co-chairs decide otherwise, they shall meet at least once a year." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 23(6))
Grade: Incomplete. The treaty sets up three EU-UK treaty committees: on circulation of persons, on economy and trade, and on aviation. It says they are to meet at least once a year, unless the treaty provides otherwise or the co-chairs decide otherwise. The statement leaves out those two qualifications. The Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) may also set up further EU-UK treaty committees. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 23(1) establishes three EU-UK treaty committees: on the Circulation of Persons, on Economy and Trade, and on Aviation. Article 23(6) says they 'shall meet at least once a year', but 'unless otherwise provided for in this Agreement, or unless the co-chairs decide otherwise'. The statement leaves out those two qualifications. The Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) may also establish further EU-UK treaty committees (Article 22(4)(g)). The provisions read are Articles 22 and 23.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 37 (motion on ratification)
The words: "The Treaty also contains its own mechanism for avoiding and settling disputes. It includes a process for consultations and for the appointment of an Arbitration Tribunal."
Checked against: "The objective of this Part is to establish an effective and efficient mechanism for avoiding and settling disputes between the Parties" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 300); "The complaining Party may request the establishment of an arbitration tribunal if:" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 305(1))
Grade: Verified. The treaty's part on disputes sets up a way of avoiding and settling them, with consultations and a request for an arbitration tribunal if consultations fail. The statement does not say this covers every provision, so the matters the treaty leaves out of it do not conflict with the statement. The treaty provisions on these steps were read; no condition, exception or limit in them is left out of the statement.
Grade: Verified. Part Six of the UK-EU Agreement in respect of Gibraltar sets up a mechanism for avoiding and settling disputes (Article 300), with consultations (Article 304) and a request for an arbitration tribunal if consultations fail (Article 305). The statement does not say the mechanism covers every provision, so the exclusions in Article 301(2) do not conflict with it. The provisions read are Articles 300 to 305; no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, pages 34, 37 (motion on ratification)
The words: "shall be without prejudice to and shall not otherwise affect the respective legal positions of the Kingdom of Spain or of the Kingdom of Great Britain and Northern Ireland with regard to sovereignty and jurisdiction... In plain terms, nothing is given up. Nothing is conceded. Nothing is diluted."
Checked against: "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 2)
Grade: Under review. The Deputy Chief Minister reads out the treaty's sovereignty clause accurately in substance. The reading has the clause refer to supplementing agreements mentioned in the sovereignty clause itself; the clause in fact refers to the supplementing agreements described in another clause of the treaty. The summary "nothing is given up. Nothing is conceded. Nothing is diluted" is correct for the legal positions on sovereignty and jurisdiction that the sovereignty clause protects. What it leaves out is that the clause speaks of legal positions on sovereignty and jurisdiction only; it does not address other matters on which the treaty gives functions to Spanish authorities in Gibraltar (the texts behind the click give examples). The same speaker said on page 34 that the treaty "does not impact on the sovereignty of Gibraltar". The sovereignty clause was read in full; it has no condition or exception.
Grade: Under review. The Deputy Chief Minister reads out Article 2 accurately in substance. The reading says 'supplementing agreements mentioned in Article 2'; Article 2 itself refers to supplementing agreements 'as referred to in Article 4'. The summary 'nothing is given up. Nothing is conceded. Nothing is diluted' is correct for the legal positions on sovereignty and jurisdiction that Article 2 protects. What it leaves out is that Article 2 speaks of legal positions on sovereignty and jurisdiction only; it does not address other matters on which the UK-EU Agreement in respect of Gibraltar gives functions to Spanish authorities in Gibraltar (for example Articles 33 and 55 to 58). The same speaker said on page 34 that the Treaty (the UK-EU Agreement in respect of Gibraltar) 'does not impact on the sovereignty of Gibraltar'. Article 2 was read in full; it has no condition or exception.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 38 (motion on ratification)
The words: "That entails the removal of immigration controls from the land border, so no more passport or identity checks and the removal of customs controls which will follow."
Checked against: "persons may circulate between Gibraltar and the Member States applying the Schengen acquis in full without border checks being carried out" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 30(1)); "All physical barriers present between Gibraltar and the Union for goods moving between them by land shall be removed, without prejudice to Article 252 or to formalities required and checks and controls that may be carried out by the Parties to ensure the correct application of this Title." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 246(1))
Grade: Incomplete. The treaty provides for people to move between Gibraltar and the Schengen countries without border checks, which bears out the first part for people. It also removes physical barriers for goods moving by land. What the statement leaves out is first that either side may, exceptionally and only as a last resort, bring back border control, for no longer and no wider than strictly necessary and for up to six months in all, where there is a serious threat to public policy, public health or internal security. It also leaves out that customs formalities and checks continue in another form: the removal of barriers does not affect the formalities required or the checks and controls that may be carried out. Until the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) decides that the border control posts and customs offices at the port and airport are set up, working and controlled as it sets out, and that competent authorities within the EU have been named, and sets the date, and that decision takes effect, goods other than those travellers carry in their personal luggage under the treaty's rules on travellers' goods move only by land under the treaty's rules on goods, with customs formalities at customs posts in the EU chosen for this; EU goods may also come in by sea and goods may go out by sea to non-EU countries, in each case only under the treaty's rules for this. The controls are therefore moved, not all removed.
Grade: Incomplete. Article 30(1) provides for circulation between Gibraltar and the Schengen States without border checks, which bears out the first part for people. Article 246(1) removes physical barriers for goods moving by land. What the statement leaves out is first that Article 30(2) lets either side exceptionally, and only as a last resort, reinstate border control, within the scope and for the time strictly necessary and for up to six months in all, in cases of serious threat to public policy, public health or internal security. It also leaves out that customs formalities and checks continue in another form. Article 246(1) is 'without prejudice to... formalities required and checks and controls that may be carried out'. Until the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) decision under Article 247(1) enters into force, goods other than those carried by travellers in their personal luggage in accordance with Annex 23 move only by land under Annexes 19, 21, 22 and 24 (apart from the sea routes Article 247(4) allows), with customs formalities at designated customs posts in the EU (Annex 19, Article 2). The controls are therefore moved, not all removed. The provisions read are Articles 30, 246 to 249 and Annexes 19 and 21.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 38 (motion on ratification)
The words: "The whole basis of the regime will be dual immigration checks whereby Gibraltar and Schengen controls will follow each other.... Gibraltar shall continue to be responsible for its own immigration checks. Spain will be responsible to the European Union for the Schengen controls."
Checked against: "Border checks on entry shall be carried out by the competent authorities of the United Kingdom, in respect of Gibraltar, and subsequently by the competent authorities of the Kingdom of Spain." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(5)); "the competent authorities of the United Kingdom, in respect of Gibraltar, shall exercise border control, comprising border checks and border surveillance, in accordance with the Gibraltar Immigration, Asylum and Refugee Act, as amended or replaced." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 32(1)); "Spain, as the neighbouring Schengen Member State, will be responsible, as a matter of Union Law, for the implementation of Schengen border entry and exit checks at the port and airport;" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), signed 25 June 2026, preamble)
Grade: Under review. The treaty provides that entry and exit checks follow each other, with the UK's authorities for Gibraltar and the Spanish authorities in the order set for entry and for exit. It says the Gibraltar authorities carry out border control under Gibraltar's Immigration, Asylum and Refugee Act. It gives the Spanish authorities the functions needed for border control under the Schengen Borders Code. The opening part of the border-checks arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be carried out) records that Spain, as a matter of EU law, is responsible for Schengen entry and exit checks at the port and airport. These bear out both sentences. The provisions read are the treaty's articles on border checks and the border-checks arrangement. None attaches a condition to the division of responsibility that the statement describes; no condition, exception or limit in them is left out of the statement.
Grade: Under review. Article 29(5) provides that entry and exit checks follow each other, with the UK's authorities for Gibraltar and the Spanish authorities in the order given for entry and for exit. Article 32(1) says the Gibraltar authorities exercise border control under Gibraltar's Immigration, Asylum and Refugee Act. Article 33(1) gives the Spanish authorities the functions required for border control under the Schengen Borders Code. The preamble to Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted) records that Spain, 'as a matter of Union Law', is responsible for Schengen border entry and exit checks at the port and airport. These bear out both sentences. The provisions read are Articles 29 to 35 and Arrangement 4. None attaches a condition to the division of responsibility that the statement describes; no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 38 (motion on ratification)
The words: "So, when we refer to Spain in this context, we are referring to Spain acting on behalf of the EU."
Checked against: "the competent authorities of the Kingdom of Spain shall perform any functions which are required to exercise border control, comprising border checks and border surveillance, as set out in the Schengen Borders Code and related tasks under Union law." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(1))
Grade: Under review. The treaty says the Spanish authorities carry out the functions needed for border control as set out in the Schengen Borders Code and related tasks under EU law. The opening part of the border-checks arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be carried out) says Spain is responsible as a matter of EU law, as the neighbouring EU Schengen country. Neither says that Spain acts 'on behalf of the EU'. The treaty was searched for the words on behalf of the EU; no match was found. The EU's decision on signing the treaty and applying it provisionally describes Spain as the neighbouring Schengen country in charge of external border control at Gibraltar's port and airport, and says that removing the physical barriers does not affect Spain's responsibilities for its external borders under EU law; neither says that Spain acts on the EU's behalf. The EU's decision approving the treaty has not been published; it, or an official explanatory document, would settle how the EU describes this role.
Grade: Under review. Article 33(1) says the Spanish authorities perform the functions required for border control as set out in the Schengen Borders Code 'and related tasks under Union law'. The preamble to Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted) says Spain is responsible 'as a matter of Union Law' as the neighbouring EU Schengen country. Neither says that Spain acts 'on behalf of the EU'. The UK-EU Agreement in respect of Gibraltar was searched for 'on behalf of the Union'; no match was found. Council , on the signing and provisional application of the treaty, calls Spain 'the neighbouring Schengen State in charge of performing external border control at Gibraltar port and airport' (recital 13), and says that the removal of physical barriers is without prejudice to 'the responsibilities of Spain over its external borders under Union law' (recital 9); neither recital says 'on behalf of the Union'. The EU's decision approving the treaty has not been published; it, or an official explanatory document, would settle how the EU describes this role.
What would settle it: Does the EU decision approving the treaty, or any official explanatory document, say that the Spanish authorities act on behalf of the EU when they carry out Schengen border control at Gibraltar? (Question 2.79 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 38 (motion on ratification)
The words: "a new facility adjacent to the airport. This, as we know, will be partly built in Gibraltar and partly in Spain."
Checked against: "two annexes to the current airport terminal will be built on the north eastern and north western corners to allow for the control of persons and goods by the competent authorities of the United Kingdom, in respect of Gibraltar. This construction will be undertaken by the authorities of the Kingdom of Spain jointly with the competent authorities of the United Kingdom, in respect of Gibraltar." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Implementation (Arrangement ), signed 25 June 2026, Annex 2, second phase)
Grade: Under review. The implementation plans provide for two building annexes to the airport terminal on its north-eastern and north-western corners, built by the authorities of Spain jointly with the competent authorities of the UK, for Gibraltar. Spain's plan says the annexes will allow the EU's competent authorities to control persons and goods, and the other plan says they will allow those of the UK, for Gibraltar, to do so; neither plan says that one annex is for each side. They do not say that the building is partly in Gibraltar and partly in Spain. A drawing attached to the border-checks arrangement shows the design of the second-line checks area. A site plan would settle where the line between the territories falls.
Grade: Under review. The implementation plans provide for two annexes to the airport terminal on its north-eastern and north-western corners, built by the authorities of Spain jointly with the competent authorities of the UK, for Gibraltar. Spain's plan says the annexes are to allow for the control of persons and goods by the competent authorities of the EU, the other plan by those of the UK, for Gibraltar; neither plan says that one annex is for each side. They do not say that the building is partly in Gibraltar and partly in Spain. Annex A to Arrangement (a drawing) shows the design of the Second Line Checks Area. A site plan would settle where the line between the territories falls.
What would settle it: Does any site plan or drawing, such as the design annexed to the border-checks arrangement, show where the shared airport facility, the border crossing point and the Second Line Checks Area stand: in Gibraltar, in Spain, midway, or partly in each? (Question 2.68 in Questions about the treaty, Part 2.)
What would settle it: Does any site plan or drawing, such as Annex A to Arrangement , show where the shared airport facility, the border crossing point and the Second Line Checks Area stand: in Gibraltar, in Spain, midway, or partly in each? (Question 2.68 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 39 (motion on ratification)
The words: "Gibraltarians and Gibraltar residents cannot be refused entry to Gibraltar."
Checked against: "Persons resident in Gibraltar who do not fulfil the other entry conditions laid down in Article 6(1) of the Schengen Borders Code, shall in any event not be prevented from crossing the border crossing points referred to in Article 29(1) of this Agreement for the purpose of entering Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 43(2)); "refuse entry to third-country nationals who do not fulfil the entry conditions laid down in Article 6(1) of the Schengen Borders Code, other than persons resident in Gibraltar" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(4)(a)(ii))
Grade: Incomplete. The treaty says people resident in Gibraltar who do not meet the other Schengen entry conditions are in any event not to be prevented from crossing the border crossing points at Gibraltar's port and airport in order to enter Gibraltar. It gives the competent authorities of Spain the right to refuse entry to third-country nationals who do not meet those entry conditions, other than people resident in Gibraltar and people in the groups the Schengen border rules set apart. The term people resident in Gibraltar means people with the legal right to live in Gibraltar whatever their nationality, with the exception set out below. That right is proven by holding a valid identity card or residence permit issued in Gibraltar by the competent authorities of the UK, for Gibraltar, subject to the conditions the treaty sets, so the term covers Gibraltarians who hold a valid identity card, subject to those conditions. The statement leaves out the exception: the term does not include EU citizens, nationals of Iceland, Liechtenstein, Norway or Switzerland, or, once agreements giving them free movement rights enter into force, nationals of Andorra or San Marino, so these two rules do not apply to them under that term. The statement says 'cannot be refused entry to Gibraltar'. The treaty says not prevented from crossing the crossing points to enter Gibraltar. The treaty deals with arrest on alerts in a separate rule, apart from refusal of entry.
Grade: Incomplete. Article 43(2) says persons resident in Gibraltar who do not fulfil the other entry conditions laid down in Article 6(1) of the Schengen Borders Code shall in any event not be prevented from crossing the border crossing points referred to in Article 29(1) (at Gibraltar port and airport) for the purpose of entering Gibraltar. Article 33(4)(a)(ii) gives the competent authorities of the Kingdom of Spain the right to refuse entry to third-country nationals who do not fulfil those entry conditions, other than persons resident in Gibraltar and persons belonging to the categories set out in Article 6(5) of the Schengen Borders Code. 'Persons resident in Gibraltar' means persons having the legal right to reside in Gibraltar irrespective of their nationality, with the exception set out below (Article 26(j)). That right is proven on the basis of a person holding a valid identity card or residence permit issued in Gibraltar by the competent authorities of the UK, for Gibraltar, and subject to the conditions set out in Article 45 (Article 45(1)), so the term covers Gibraltarians who hold a valid identity card, subject to those conditions. The statement leaves out the exception in Article 26(j): the term does not include EU citizens, nationals of Iceland, Liechtenstein, Norway or Switzerland, or, once agreements giving them free movement rights enter into force, nationals of Andorra or San Marino, so Articles 43(2) and 33(4)(a)(ii) do not apply to them under that term. The statement says 'cannot be refused entry to Gibraltar'. The Article says not 'prevented from crossing' the crossing points to enter Gibraltar. Article 34 deals with arrest on alerts, which is separate from refusal of entry.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 39 (motion on ratification)
The words: "The Schengen authorities will not be able to arrest or detain Gibraltarians or Gibraltar residents."
Checked against: "Where coercive action for arrest or detention is required by the competent authorities of the Kingdom of Spain, and the person concerned is a person resident in Gibraltar, the action may only be carried out by the competent authorities of the United Kingdom, in respect of Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 34(9)); "arrest, search, detain, interview, place under protection a person, or seize or search property, where it is justified in the course of border control carried out by the competent authorities of the Kingdom of Spain" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(4)(c)(ii))
Grade: Incomplete. The treaty provides that where the Spanish authorities need someone arrested or detained by force (for example on a Spanish alert) and the person is resident in Gibraltar, only the competent authorities of the UK, for Gibraltar, may carry this out. That bears out the statement for that case. The statement says more widely that the Schengen authorities 'will not be able to arrest or detain' Gibraltarians or residents. Among the Spanish functions in border control, the treaty lists the right to arrest, search, detain and interview where this is justified in the course of border control, and nothing in that list leaves out residents. The rule on arrests covers action required on an alert; no provision was found that bars every arrest by Spanish officers in the course of border control. The term 'Gibraltarians' is not used in the treaty; the rule on arrests applies to people resident in Gibraltar.
Grade: Incomplete. Article 34(9) provides that where coercive action for arrest or detention is required by the Spanish authorities (for example on a Spanish alert) and the person is a person resident in Gibraltar, 'the action may only be carried out by the competent authorities of the United Kingdom, in respect of Gibraltar'. That bears out the statement for that case. The statement says more widely that the Schengen authorities 'will not be able to arrest or detain' Gibraltarians or residents. Article 33(4)(c)(ii) lists, among the Spanish functions in border control, the right to 'arrest, search, detain, interview' where justified in the course of border control, and nothing in that paragraph excludes residents. Article 34(9) covers action required on an alert; no provision that bars every arrest by Spanish officers in the course of border control was found. The term 'Gibraltarians' is not used in the UK-EU Agreement in respect of Gibraltar; Article 34(9) applies to persons resident in Gibraltar.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 39 (motion on ratification)
The words: "We will be exempt from the new EU Entry-exit System, known as the EESEESThe European Union’s (EU’s) Entry/Exit System: the biometric record of every third-country national’s entry to and exit from the Schengen area, which counts the 90-in-180 days.. We will also be exempt from the upcoming EU pre-travel authorisation scheme, known as ETIAS."
Checked against: "Persons resident in Gibraltar shall be exempt from the requirements of the Entry/Exit System." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 42(1)); "persons resident in Gibraltar shall be exempt from the requirement to be in possession of a valid travel authorisation pursuant to Regulation (EU) 2018/1240" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 42(2))
Grade: Under review. The treaty exempts people resident in Gibraltar from the Entry/Exit System, and from the requirement to hold a valid travel authorisation under the EU's ETIAS rules (the EU travel authorisation system), as a footnote in the treaty shows. The statement says 'we', meaning Gibraltarians and Gibraltar residents; the treaty defines the protected group as people with the legal right to live in Gibraltar. Neither exemption has a condition of its own. What the statement leaves out is an exclusion in the treaty's definitions: EU citizens and nationals of Iceland, Liechtenstein, Norway and Switzerland are outside the term persons resident in Gibraltar, as are nationals of Andorra and San Marino once agreements giving them free movement rights enter into force. The provisions read are the treaty's definitions and the group of four articles that holds these exemptions.
Grade: Under review. Article 42(1) exempts persons resident in Gibraltar from the Entry/Exit System, and Article 42(2) exempts them from the requirement to hold a valid travel authorisation under Regulation (EU) 2018/1240, which is the ETIAS (the EU travel authorisation system) Regulation (as the Article's footnote shows). The statement says 'we', meaning Gibraltarians and Gibraltar residents; the UK-EU Agreement in respect of Gibraltar defines the protected group as persons with the legal right to reside in Gibraltar. Neither paragraph has a condition of its own. What the statement leaves out is the exclusion in Article 26(j): EU citizens and nationals of Iceland, Liechtenstein, Norway and Switzerland are outside the term 'persons resident in Gibraltar', as are nationals of Andorra and San Marino once agreements giving them free movement rights enter into force. The provisions read are Articles 26, 41 to 44.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 39 (motion on ratification)
The words: "Gibraltarians and Gibraltar residents will not be required to justify the purpose and conditions of their intended stay or to meet the subsistence condition."
Checked against: "Persons resident in Gibraltar shall not be subject to verifications with regard to fulfilment of the conditions laid down in point (c) of Article 6(1) of the Schengen Borders Code at the border crossing points referred to in Article 29(1) of this Agreement for the purpose of entering Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 43(1))
Grade: Incomplete. The treaty says that, at the border crossing points, people resident in Gibraltar who are entering Gibraltar are not checked against the Schengen border condition of justifying the purpose and conditions of their stay and having enough means of subsistence. That bears out the statement for entry into Gibraltar. The statement does not say where it applies. No matching rule was found for residents entering other Schengen countries from Gibraltar; the treaty gives visa-free stay of up to 90 days in any 180, and its rule on transit deals only with travel to reach Gibraltar. The statement leaves out that limit on the rule's reach.
Grade: Incomplete. Article 43(1) says persons resident in Gibraltar are not subject to verification of the conditions in point (c) of Article 6(1) of the Schengen Borders Code (justifying the purpose and conditions of the stay and having enough means of subsistence) at the border crossing points 'for the purpose of entering Gibraltar'. That bears out the statement for entry into Gibraltar. The statement does not say where it applies. No equivalent provision for residents entering other Schengen States from Gibraltar was found; Article 41(1) gives visa-free stay of up to 90 days in any 180 and Article 44 deals only with transit to reach Gibraltar. The statement leaves out that limit on the Article's reach.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 39 (motion on ratification)
The words: "We will enjoy unfettered access to the 29 European countries which make up the European Schengen area."
Checked against: "Persons resident in Gibraltar may enter and stay, without a visa for a maximum period of 90 days in any 180-day period, in the territory of Member States applying the Schengen acquis in full." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 41(1)); "each Member State may decide to impose a visa requirement on persons resident in Gibraltar travelling for the purpose of carrying out a paid activity." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 41(2))
Grade: Shaded. The treaty allows persons resident in Gibraltar to enter and stay in the territory of the EU countries applying the Schengen rules in full without a visa for at most 90 days in any 180-day period. It allows each EU country to require a visa for residents who travel to carry out paid activity, and it allows border control to be brought back in some circumstances. The word 'unfettered' reads wider than those limits. The treaty does not state a number of countries; it speaks of the EU countries that apply the Schengen rules in full.
Grade: Shaded. Article 41(1) allows persons resident in Gibraltar to enter and stay in the territory of the EU countries applying the Schengen rules in full without a visa for a maximum of 90 days in any 180-day period. Article 41(2) allows each EU country to require a visa for residents who travel to carry out paid activity, and Article 30(2) allows border control to be reinstated in some circumstances. The word 'unfettered' reads wider than those limits. The UK-EU Agreement in respect of Gibraltar does not state a number of countries; it speaks of the EU countries 'applying the Schengen acquis in full'.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 39 (motion on ratification)
The words: "We will benefit from no immigration controls on flights to and from the Schengen area."
Checked against: "persons may circulate between Gibraltar and the Member States applying the Schengen acquis in full without border checks being carried out" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 30(1)); "may exceptionally reinstate border control between Gibraltar and the territory of the Member States applying the Schengen acquis in full for a limited period of up to 10 days." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 30(2))
Grade: Incomplete. The treaty provides that people may move between Gibraltar and the EU countries that apply the Schengen rules in full without border checks, without affecting the Schengen border rules on sea borders. That covers flights, and bears out the statement. What the statement leaves out is that where there is a serious threat to public policy, public health or internal security, either side may, exceptionally, bring back border control for up to 10 days, which can be extended by 20 days and then by one month at a time up to six months at most. The treaty also provides for obligations to be suspended.
Grade: Incomplete. Article 30(1) provides that persons may circulate between Gibraltar and the EU countries applying the Schengen rules in full without border checks, 'without prejudice to the provisions on sea borders in Annex VI of the Schengen Borders Code'. That covers flights, and bears out the statement. What the statement leaves out is Article 30(2): where there is a serious threat to public policy, public health or internal security, either side may exceptionally reinstate border control for up to 10 days, extendable by 20 days and then by periods of one month up to a maximum of six months. Article 67 also provides for suspension of obligations. The provisions read are Articles 29, 30 and 67.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 39 (motion on ratification)
The words: "Gibraltarians and Gibraltar residents will enjoy de facto non-application of the 90-day in 180-day rule."
Checked against: "Persons resident in Gibraltar may enter and stay, without a visa for a maximum period of 90 days in any 180-day period, in the territory of Member States applying the Schengen acquis in full." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 41(1)); "no entry or exit stamp shall be affixed to the travel documents of persons resident in Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 42(1))
Grade: Shaded. The treaty keeps the limit for persons resident in Gibraltar: at most 90 days in any 180-day period. It says that when they cross the external borders of an EU country, including at the border crossing points the treaty provides for at Gibraltar port and airport, no entry or exit stamp is put in their travel documents and they do not have to meet the requirements of the Entry/Exit System. That removes the means of recording their stays and does not remove the limit. 'De facto non-application' of the rule reads wider than the text.
Grade: Shaded. Article 41(1) keeps the limit for persons resident in Gibraltar: 'a maximum period of 90 days in any 180-day period'. Article 42(1) says that 'When crossing the external borders of a Member State, including the border crossing points referred to in Article 29(1)', no entry or exit stamp is affixed to their travel documents and they are exempt from the requirements of the Entry/Exit System, which removes the means of recording their stays and does not remove the limit; Article 29(1) provides for border crossing points at Gibraltar port and airport. 'De facto non-application' of the rule reads wider than the text. The provisions read are Articles 29(1), 41(1) and 42(1).
What would settle it: How are days spent in the Schengen area by persons resident in Gibraltar to be recorded and counted for the 90 in 180 limit, when no stamp is affixed and the Entry/Exit System does not apply to them? (Question 2.75 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 39 (motion on ratification)
The words: "Gibraltarians’ resident aboard with a Gibraltar residence card will also enjoy the same package."
Checked against: "'persons resident in Gibraltar' means persons having the legal right to reside in Gibraltar irrespective of their nationality" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 26(j)); "A legal right to reside in Gibraltar shall be proven on the basis of a person holding a valid identity card or residence permit issued in Gibraltar" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 45(1))
Grade: Incomplete. The benefits described are given to persons resident in Gibraltar, which the treaty defines as people with the legal right to reside in Gibraltar, whatever their nationality, except EU citizens and nationals of certain other countries who have their own free movement rights. The right to reside is proven by a valid identity card or residence permit issued in Gibraltar. It does not depend on where the person is living. So a Gibraltarian living abroad who holds a Gibraltar identity card has the legal right to reside in Gibraltar and is within the definition. The statement says 'residence card'; the treaty says identity card or residence permit. What the statement leaves out is the exclusion in the definition: EU citizens and nationals of Iceland, Liechtenstein, Norway and Switzerland are outside the term persons resident in Gibraltar, as are nationals of Andorra and San Marino once agreements giving them free movement rights come into force. The provisions read are listed in the texts.
Grade: Incomplete. The benefits described (Articles 41 to 43) are given to 'persons resident in Gibraltar', defined as persons having the legal right to reside in Gibraltar, irrespective of nationality, except EU citizens and nationals of certain other States who have their own free movement rights (Article 26(j)). The right to reside is proven by a valid identity card or residence permit issued in Gibraltar (Article 45(1)). It does not depend on where the person is living. So a Gibraltarian living abroad who holds a Gibraltar identity card has the legal right to reside in Gibraltar and is within the definition. The statement says 'residence card'; the Article says identity card or residence permit. What the statement leaves out is the exclusion in Article 26(j): EU citizens and nationals of Iceland, Liechtenstein, Norway and Switzerland are outside the term 'persons resident in Gibraltar', as are nationals of Andorra and San Marino once agreements giving them free movement rights enter into force. The provisions read are Articles 26, 41 to 45.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 39 (motion on ratification)
The words: "However, Gibraltar will not join the Customs Union and there will be no VAT. Instead, import duty by another name and transaction tax will be levied."
Checked against: "A customs union between the Union and the United Kingdom, in respect of Gibraltar, is hereby established" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 240); "Union legislation concerning VAT, excise, and administrative cooperation and recovery assistance." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 20, paragraph 1(i)); "Goods produced in or imported into Gibraltar shall be liable to a transaction tax." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 248(2))
Grade: Shaded. The treaty sets up a customs union between the EU and the UK, for Gibraltar, made up of the customs territory of the EU and the separate customs territory of Gibraltar. Goods are liable to a transaction tax until the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) takes a particular decision the treaty provides for and that decision enters into force. On that decision, the EU law listed in an annex to the treaty applies, and that list includes EU law on VAT, excise, and administrative cooperation and recovery assistance. So the text sets up a customs union between the EU and the UK for Gibraltar, and it provides a route by which EU VAT law could apply. The words 'will not join the Customs Union and there will be no VAT' present the position more narrowly than the text does: it holds for the transaction tax period and lasts until that decision enters into force.
Grade: Shaded. Article 240 says 'A customs union between the Union and the United Kingdom, in respect of Gibraltar, is hereby established'. Article 241 says it comprises the customs territory of the EU and the separate customs territory of Gibraltar. Article 248(1) and (2) make goods liable to a transaction tax until the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) decision under Article 247(1) enters into force. On that decision, the EU law in Annex 20 applies, and Annex 20, paragraph 1(i) lists 'Union legislation concerning VAT, excise, and administrative cooperation and recovery assistance'. So the text sets up a customs union between the EU and the UK, for Gibraltar, and it provides a route by which EU VAT legislation could apply. The words 'will not join the Customs Union and there will be no VAT' present the position more narrowly than the text does: it holds for the transaction tax period and lasts until the Article 247(1) decision enters into force. The provisions read are Articles 240 to 252 and Annexes 19 to 24.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 39 (motion on ratification)
The words: "As the House knows, this will be set at the lowest rates in the European Union. That should be 15% in Year 1, 16% in Year 2, reaching 17% in Year 3."
Checked against: "the standard rate shall be set at not less than the lowest standard VAT rate applied by a Member State, which at the time of signature of this Agreement is 17 %." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(3)(a)); "the United Kingdom, in respect of Gibraltar, may gradually increase its standard rate over a period of three years" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(3)(a)); "shall adjust the indirect taxation rates to be applied in Gibraltar to a level deemed appropriate according to the recommendations of that independent consultative body" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 248(6))
Grade: Incomplete. The treaty sets the standard rate of the transaction tax at no less than the lowest standard VAT rate that any EU country applies, which at signature is 17 per cent, and lets Gibraltar rise to it in stages of 15, 16 and 17 per cent over three years. That bears out the figures. What the statement leaves out is that the rate is a minimum, not a fixed figure, and that it can change. The independent consultative body may recommend a higher or lower standard rate for goods or categories of goods to avoid distortions, and after the three years, if those recommendations are insufficient to avoid such distortions, may recommend that the standard rate be adjusted up or down for all goods; where the body establishes a distortion, the treaty obliges the UK, for Gibraltar, to adjust Gibraltar's rates to a level judged appropriate on those recommendations, within the limits the treaty sets. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Annex 24, Article 2(3)(a), sets the standard rate of transaction tax at 'not less than the lowest standard VAT rate applied by a Member State', which at signature is 17 per cent, and allows Gibraltar to rise by stages of 15, 16 and 17 per cent over three years. That bears out the figures. What the statement leaves out is that the rate is a minimum, not a fixed figure, and that it can change. The independent consultative body may recommend a higher or lower standard rate for goods or categories of goods to avoid distortions, and after the three years, if those recommendations are insufficient to avoid such distortions, may recommend that the standard rate be adjusted up or down for all goods; where the body establishes a distortion, Article 248(6) obliges the UK, for Gibraltar, to adjust Gibraltar's rates to a level deemed appropriate on those recommendations, within the limits set out in Articles 2 and 6 of Annex 24. The provisions read are Article 248 and Annex 24.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 39 (motion on ratification)
The words: "The reduced rate ranges from 5% to 14% and the super-reduced from 0 to 4%.... these lower rates apply instead of the 17% and not in addition to it."
Checked against: "the reduced rate applicable to goods determined in accordance with paragraph 5 shall be not less than 5 %." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(3)(b)); "Gibraltar shall apply a reduced rate of transaction tax of 5 % to goods falling within the following product categories:" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Appendix 1, Article 1); "Gibraltar shall apply a super-reduced rate of transaction tax of 0 % to goods falling within the following product categories:" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Appendix 1, Article 2)
Grade: Incomplete. The treaty does not state a range of 5 to 14 per cent for the reduced rate or 0 to 4 per cent for the super-reduced rate. The treaty's annex that sets the tax rates says the reduced rate is not less than 5 per cent and allows a super-reduced rate below 5 per cent for goods listed in its appendix, and that appendix fixes the rates for the listed goods at 5 per cent (reduced) and 0 per cent (super-reduced). The ranges the speaker gives appear to describe EU VAT rules for EU countries, which are not a held text. On 'instead of... not in addition', the appendix gives a rate for the listed goods in place of the standard rate. The rates for those goods can also be changed after a recommendation of the independent consultative body. The provisions read in full are that annex of the treaty.
Grade: Incomplete. The UK-EU Agreement in respect of Gibraltar does not state a range of 5 to 14 per cent for the reduced rate or 0 to 4 per cent for the super-reduced rate. Annex 24, Article 2(3)(b), says the reduced rate is 'not less than 5 %', Article 2(4) allows a super-reduced rate below 5 per cent for goods listed in the Appendix, and Appendix 1 fixes the rates for the listed goods at 5 per cent (reduced) and 0 per cent (super-reduced). The ranges the speaker gives appear to describe EU VAT rules for EU countries, which are not a held text. On 'instead of... not in addition', the Appendix gives a rate for the listed goods in place of the standard rate. The rates for those goods can also be changed after a recommendation of the independent consultative body (Article 2(3)(b) and (4)). The provisions read in full are Annex 24.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 41 (motion on ratification)
The words: "However, the Treaty will permit Gibraltar emergency ambulances to transfer patients to any medical facility in the EU. It also provides for Gibraltar transfer ambulances to operate to and from designated Spanish hospitals in non-emergency situations."
Checked against: "The Union shall allow within its territory the provision of the following ambulance services necessary to protect health, by operators established in Gibraltar and acting under the direction of the GHA, subject to the requirement that this paragraph is applied in a reasonable manner that does not lead to arbitrary or unjustifiable discrimination or to a disguised restriction on trade in services: (a) emergency ambulance services; and (b) ambulance services required for the specialist handling of serious and acute medical conditions between Gibraltar and those establishments listed in Annex 26" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 276(2))
Grade: Shaded. The treaty requires the EU to allow, within its territory, ambulance services by operators set up in Gibraltar and acting under the direction of the Gibraltar Health Authority, of two kinds: emergency ambulance services, and ambulance services needed for the specialist handling of serious and acute medical conditions between Gibraltar and the establishments listed in an annex to the treaty. That annex lists named health service providers in La Línea, Palmones, Algeciras and Benalmádena, among others. The second kind is not described as non-emergency transfer in general: it is limited to serious and acute conditions and to the listed establishments. The statement's words 'to any medical facility in the EU' and 'in non-emergency situations' read more widely than the text, and the treaty's condition that this be applied reasonably and without discrimination is left out.
Grade: Shaded. Article 276(2) requires the EU to allow, within its territory, ambulance services by operators established in Gibraltar and acting under the direction of the Gibraltar Health Authority, of two kinds: emergency ambulance services, and 'ambulance services required for the specialist handling of serious and acute medical conditions between Gibraltar and those establishments listed in Annex 26'. Annex 26 lists named health service providers in La Línea, Palmones, Algeciras and Benalmádena, among others. The second kind is not described as non-emergency transfer in general: it is limited to serious and acute conditions and to the listed establishments. The statement's words 'to any medical facility in the EU' and 'in non-emergency situations' read more widely than Article 276(2) and Annex 26, and the reasonable and non-discriminatory application condition in the Article is left out. The provisions read are Article 276 and Annex 26.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 40 (motion on ratification)
The words: "The new Treaty will set a process in motion for the application of ECMT and Interbus to Gibraltar through the membership of the United Kingdom."
Checked against: "The competent authorities of the Parties agree to consult each other on the possible extension to Gibraltar of relevant existing or future agreements or other international legal instruments as necessary as well as on their practical implementation." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 272(4))
Grade: Under review. The UK-EU Agreement in respect of Gibraltar and its annexes were searched for 'ECMT', 'Interbus' and the European Conference of Ministers of Transport; none is mentioned. Article 272(4) in the aviation Chapter provides for consultation on extending 'relevant existing or future agreements or other international legal instruments' to Gibraltar, but that Article is about air transport. The road transport Chapter (Articles 276 to 285 and Annex 27) sets its own licensing rules. Whether a process for applying the ECMT (the European Conference of Ministers of Transport) and Interbus (the agreement on international occasional coach and bus services) arrangements to Gibraltar is started by the Agreement would be shown by an official explanatory document or by a decision under the Agreement; neither is held.
What would settle it: Which provision, official explanatory document or decision under the treaty starts a process to apply the ECMT (the European Conference of Ministers of Transport) and Interbus (the agreement on international occasional coach and bus services) arrangements to Gibraltar? (Question 2.80 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 40 (motion on ratification)
The words: "Secondly, the Treaty will provide for the continued transportation of commercial goods between Gibraltar and the geographical territory of the Campo area. An ECMT permit will not be required for this regional movement. thirdly, the Treaty will also safeguard the vital commercial road link between Gibraltar and the United Kingdom."
Checked against: "The Parties shall allow the transport of goods by road between their territories. However, within the territory of the Union, those transport operations shall be limited to the contiguous frontier zone." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 276(1)); "The Union shall allow the transport with a commercial purpose, with transit through its territory, of goods by road between the territory of the United Kingdom and Gibraltar, and unladen journeys that are made in conjunction with that transport." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 277)
Grade: Incomplete. The treaty says the EU and the UK, for Gibraltar, are to allow the transport of goods by road between their territories, and that within the EU this is limited to the neighbouring frontier zone (the municipalities of the Campo de Gibraltar). It says the EU is to allow commercial road transport of goods between the UK and Gibraltar through its territory. Those two points are borne out. The statement leaves out that these operations need a licence issued to operators who meet the requirements set out in one of the treaty's annexes, and that drivers and vehicles must meet the requirements the treaty sets. The treaty does not mention an 'ECMT permit', so the point that none is needed is neither confirmed nor contradicted. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 276(1) says the Parties shall allow the transport of goods by road between their territories, and that within the EU this is limited to the contiguous frontier zone (the municipalities of the Campo de Gibraltar). Article 277 says the EU shall allow commercial road transport of goods between the UK and Gibraltar through its territory. Those two points are borne out. The statement leaves out that these operations need a licence issued to operators who meet the requirements in Annex 27, Part A (Article 278), and that drivers and vehicles must meet the requirements in Articles 280 and 281. The UK-EU Agreement in respect of Gibraltar does not mention an 'ECMT permit', so the point that none is required is neither confirmed nor contradicted. The provisions read are Articles 276 to 285.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 41 (motion on ratification)
The words: "The Treaty eliminates that veto. It provides a legal basis under which those air connections can now materialise.... Air transport services to and from the UK will continue to be carried out by UK airlines or by carriers authorised by the United Kingdom. Those who are from the EU will be operated by EU airlines or carriers authorised by the European Union.... A UK-EU Specialised Committee on Aviation will be established.... Those are the rights of passengers with reduced mobility, airport charges, airport slots and ground handling."
Checked against: "Air transport services between Gibraltar airport and points in the Union territory may be provided only by air carriers of the Union or by air carriers authorised under Union law." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 272(2)); "Air transport services between Gibraltar airport and points in the United Kingdom may be provided only by air carriers of the United Kingdom or by air carriers authorised by the United Kingdom." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 272(3)); "In the area of airport charges, ground handling, slots, disabled persons and persons with reduced mobility, the provisions contained in the acts listed in the Annex 25 shall apply to Gibraltar airport." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 273(3)); "the Specialised Committee on Aviation." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 23(1)(c))
Grade: Incomplete. The statement is borne out on the EU-UK treaty committee on aviation and on the four areas of passengers with reduced mobility, airport charges, slots and ground handling. On carriers, the treaty says the services may be provided only by EU carriers or carriers authorised under EU law, and by UK carriers or carriers authorised under UK law, and for each it adds that the services must be provided in line with EU law or with UK law. The statement leaves out that condition. The provisions read are the treaty's rules on the aviation committee, on air services and on the four areas.
Grade: Incomplete. The statement is borne out on the EU-UK treaty committee on aviation (Article 23(1)(c)) and on the four areas of passengers with reduced mobility, airport charges, slots and ground handling (Article 273(3)). On carriers, Article 272(2) and (3) say the services 'may be provided only by' EU or EU-authorised carriers and by UK or UK-authorised carriers, and each paragraph adds that the services 'shall be provided in accordance with' EU law or the law of the UK. The statement leaves out that condition. The provisions read are Articles 23(1)(c), 272(2), 272(3) and 273(3).
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, pages 41, 42 (motion on ratification)
The words: "A JV will be set up in Ireland on a 50-50 basis between Gibraltar and Spain. The Irish company will award a tender for a separate commercial company to operate the airport. It will not have ownership of the terminal. Ownership will remain with the Government.... The equal shareholding effectively means that no change to the existing arrangements are possible without our consent."
Checked against: "The joint venture company shall not be constituted in either State sharing responsibility for the joint venture company and shall be constituted in a Member State." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 274(1))
Grade: Under review. The treaty says the joint venture company is set up under the shared responsibility of the UK, for Gibraltar, and Spain, and must be set up in an EU country other than either of them. It does not name Ireland, state a 50-50 shareholding, say who owns the terminal, or say that no change is possible without Gibraltar's consent. The joint venture selects and supervises the commercial company that runs the airport. Those details would be in the founding documents of the company and the tender documents.
Grade: Under review. Article 274(1) says the joint venture company is constituted 'under the shared responsibility' of the UK, for Gibraltar, and Spain, and must be constituted in an EU country other than either of them. It does not name Ireland, state a 50-50 shareholding, say who owns the terminal, or say that no change is possible without Gibraltar's consent. The joint venture selects and supervises the commercial company that runs the airport. Those details would be in the founding documents of the company and the tender documents.
What would settle it: What do the founding documents of the joint venture company and the airport tender say about where it is constituted, how its shares are held, its voting rules and deadlock procedure, and who owns the terminal? (Question 2.74 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 42 (motion on ratification)
The words: "The Treaty will allow for the JV or the commercial company to be litigated against in Gibraltar or in the court of any States to which relevant international conventions, such as the Hague Convention Hague 19, apply."
Checked against: "Private persons or companies that litigate against the joint venture or the commercial company may do so in line with relevant domestic, Union or international instruments, as well as any modalities set out in those instruments, including through the courts of the United Kingdom, in respect of Gibraltar, or of a Member State, as appropriate." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 274(3))
Grade: Shaded. The treaty says private persons or companies may bring cases against the joint venture or the commercial company in line with the relevant national, EU or international instruments, including through the courts of the UK, for Gibraltar, or of an EU country, as appropriate. The statement says 'in Gibraltar or in the court of any States to which relevant international conventions, such as the Hague Convention Hague 19, apply'. The text names the courts of Gibraltar and of an EU country; it does not refer to 'any States' party to a convention, nor to the Hague Convention. The words read wider than the text.
Grade: Shaded. Article 274(3) says private persons or companies may litigate against the joint venture or the commercial company 'in line with relevant domestic, Union or international instruments', 'including through the courts of the United Kingdom, in respect of Gibraltar, or of a Member State, as appropriate'. The statement says 'in Gibraltar or in the court of any States to which relevant international conventions, such as the Hague Convention Hague 19, apply'. The text names the courts of Gibraltar and of an EU country; it does not refer to 'any States' party to a convention, nor to the Hague Convention. The words read wider than the text. The provisions read are Article 274.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 42 (motion on ratification)
The words: "Spain is not permitted to exercise executive action in Gibraltar. All such power will be exercised by and through the Competent Authorities of Gibraltar as it is today. This Schengen Function is limited to the new shared operating space to the north of the air terminal which straddles the border."
Checked against: "Border surveillance is to be carried out between border crossing points in Gibraltar including the surveillance of border crossing points outside the fixed opening hours" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(3)); "arrest, search, detain, interview, place under protection a person, or seize or search property, where it is justified in the course of border control carried out by the competent authorities of the Kingdom of Spain" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(4)(c)(ii)); "Spanish officials present at the airport outside the Second Line Checks Area will be present in two ways:" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), signed 25 June 2026, paragraph 2.1.4)
Grade: Contradicted. The text gives the Spanish authorities functions in Gibraltar that go beyond a single building. The treaty provides for border surveillance between border crossing points in Gibraltar, and gives the right to arrest, search, detain and interview where justified in the course of border control. The administrative arrangement on how Schengen border checks and border surveillance will be carried out places Spanish officials at the airport outside the second-line checks area, in the Schengen immigration booths or outside them to supervise the e-gates (automated border gates) and escort passengers, and provides for Spanish officials in the port where the conditions the treaty sets for the port are not met. The treaty and the administrative arrangement on continued surveillance and uninterrupted pursuit allow Spanish officers to continue surveillance and pursuit in Gibraltar. The treaty does keep some arrests of Gibraltar residents with the Gibraltar authorities. The statement that the function is ‘limited to the new shared operating space’ and that Spain may exercise no executive action in Gibraltar is not what the text says. The treaty’s provisions on border surveillance between crossing points and on the right to arrest, search, detain and interview read the same in the draft treaty laid on 26 February 2026; the border-checks arrangement was not published then.
Grade: Contradicted. The text gives the Spanish authorities functions in Gibraltar that go beyond a single building. Article 33(3) provides for border surveillance 'between border crossing points in Gibraltar', and Article 33(4)(c)(ii) gives the right to arrest, search, detain and interview where justified in the course of border control. Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted), paragraph 2.1.4, places Spanish officials at the airport 'outside the Second Line Checks Area', in the Schengen immigration booths or outside them to supervise the e-gates (automated border gates) and escort passengers, and paragraph 2.2.3 provides for Spanish officials in the port where the Article 29(3) conditions are not met. Articles 55 and 56 and Arrangement (the administrative arrangement on continued surveillance and uninterrupted pursuit) allow Spanish officers to continue surveillance and pursuit in Gibraltar. Article 34(9) does keep some arrests of Gibraltar residents with the Gibraltar authorities. The statement that the function is 'limited to the new shared operating space' and that Spain may exercise no executive action in Gibraltar is not what the text says. Articles 33(3) and 33(4)(c)(ii) read the same in the draft UK-EU Agreement in respect of Gibraltar laid on 26 February 2026; Arrangement was not published then. The provisions read are Articles 29 to 35 and 55 to 58 and Arrangements and 5.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 34 (motion on ratification)
The words: "Hon. Members know well that there are two parties to the Treaty. These are the United Kingdom on the one hand and the European Union on the other. This is not a Treaty with Spain."
Checked against: "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," (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Preamble); "means the European Union and the United Kingdom, in respect of Gibraltar;" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 3(1)(a)); "in this Agreement or any supplementing agreement shall be understood as including the European Atomic Energy Community, unless otherwise specified or where the context otherwise requires." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 3(2))
Grade: Verified. The Preamble of the treaty names the EU (with the European Atomic Energy Community) as one side and the UK as the other. The treaty defines the Parties as the EU and the UK, for Gibraltar. It says a reference to the EU includes the European Atomic Energy Community, so the EU side is a single party. Spain is not a party. The treaty names Spain as the State that carries out certain functions in several provisions, and the seven administrative arrangements are between the UK, for Gibraltar, and Spain, but that does not make Spain a party to the treaty. The Preamble and the treaty's definitions provision were read. No condition, exception or limit in them is left out by the statement.
Grade: Verified. The Preamble names the European Union (with the European Atomic Energy Community) of the one part and the United Kingdom of the other part. Article 3(1)(a) defines 'Party' or 'Parties' as the EU and the UK, in respect of Gibraltar. Article 3(2) says a reference to the Union includes the European Atomic Energy Community, so the Union side is a single party. Spain is not a Party. The UK-EU Agreement in respect of Gibraltar names Spain as the State that carries out certain functions (for example Articles 29, 33 and 47) and the seven administrative arrangements between the UK, in respect of Gibraltar, and Spain (Arrangements to ) are between the UK, for Gibraltar, and Spain, but that does not make Spain a party to the treaty. The provisions read are the Preamble and Article 3. No condition, exception or limit in those provisions is left out by the statement.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 41 (motion on ratification)
The words: "It will have a supervisory role to ensure relevant standards are met and that the Treaty is complied with through both inspection visits and information exchanges. However, such visits and exchanges will only happen while there are air connections between Gibraltar Airport and airports in the European Union or in preparation for such flights."
Checked against: "The competent authorities of the Union and the United Kingdom, in respect of Gibraltar, shall, under the auspices of the Specialised Committee on Aviation established pursuant to Article 23:" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 273(7)); "conduct joint inspection visits to Gibraltar airport for the purpose of monitoring compliance with the provisions of Annex 25 and security at Gibraltar airport." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 273(7)(b)); "The visits shall be proportionate and take place at the request of either Party that the other Party cannot refuse. Such inspection visits and exchange of information shall happen regarding and during the operation of flights between Gibraltar airport and points in the Union territory as well as the preparation for such operation." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 273(7)); "monitor and review the implementation and ensure the proper functioning of this Chapter;" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 275(b))
Grade: Incomplete. The second sentence is borne out: the treaty says inspection visits and exchanges of information happen about flights between Gibraltar airport and the EU, both while those flights operate and while they are being prepared. The first sentence is true as far as it goes. Under the treaty, the competent authorities of the EU and of Gibraltar must regularly exchange safety and security information and carry out joint inspection visits to Gibraltar airport under the auspices of the EU-UK treaty committee on aviation (one of the three committees the treaty sets up: on the circulation of persons, on economy and trade, and on aviation), to monitor compliance with the rules in one of the treaty's annexes and with security at Gibraltar airport. The statement leaves out three things. The visits are carried out by the competent authorities, not by the committee. They must be proportionate and take place at the request of either side, and the other side cannot refuse. The committee's own powers are to monitor and review how the treaty's aviation chapter is carried out, make recommendations, deal with discrepancies found after the joint visits and discuss technical issues. The text does not use the word 'supervisory'. The provisions read are three of the treaty's aviation rules.
Grade: Incomplete. The second sentence is borne out. Article 273(7) says inspection visits and exchanges of information happen 'regarding and during the operation of flights' between Gibraltar airport and the Union, 'as well as the preparation for such operation'. The first sentence is true as far as it goes. Article 273(7) has the EU's and Gibraltar's competent authorities exchange regular safety and security information and carry out joint inspection visits to Gibraltar airport under the auspices of the EU-UK treaty committee on aviation (one of the three committees the UK-EU Agreement in respect of Gibraltar sets up: circulation of persons, economy and trade, and aviation), to monitor compliance with Annex 25 and security at Gibraltar airport. The statement leaves out three things. The visits are carried out by the competent authorities, not by the Committee. They are 'proportionate' and take place at the request of either Party, which 'the other Party cannot refuse'. The Committee's own powers in Article 275 are to monitor and review the implementation of the Chapter, make recommendations, address discrepancies following the joint visits and discuss technical issues. The text does not use the word 'supervisory'. The provisions read are Articles 273 to 275.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 56 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "we have been able to maintain Gibraltar's regime on the arrival and departure of crew members of ships, which is bespoke to Gibraltar and is going to continue going forward."
Checked against: "The competent authorities of Spain will exempt from visa requirements under Union law civilian sea crew members who hold a seafarer's identity document" (Border-checks arrangement, paragraph 2.2.4)
Grade: Under review. The border-checks arrangement exempts from visa requirements civilian sea crew who hold a seafarer's identity document when they land to board a ship or go ashore to transit to another country. That is one element of crew arrival and departure. No held text sets out Gibraltar's crew arrival and departure regime as it was before the treaty, so the statement that the whole regime is maintained cannot be compared with it.
Grade: Under review. Paragraph 2.2.4 of the border-checks arrangement exempts from visa requirements civilian sea crew who hold a seafarer's identity document when they land to board a ship or go ashore to transit to another country. That is one element of crew arrival and departure. No held text sets out Gibraltar's crew arrival and departure regime as it was before the UK-EU Agreement in respect of Gibraltar, so the statement that the whole regime is maintained cannot be compared with it.
What would settle it: How do Gibraltar's rules before the treaty for the arrival, departure and change of ships' crews compare with the rules under the treaty and its arrangements, including the relevant provision of the border-checks arrangement? (Question 2.81 in Questions about the treaty, Part 2.)
What would settle it: How do Gibraltar's rules before the treaty for the arrival, departure and change of ships' crews compare with the rules under the treaty and its arrangements, including paragraph 2.2.4 of the border-checks arrangement? (Question 2.81 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, pages 13, 14 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "the Spanish police officers that he was referring to are inside the thing called the Equidistant Facility, the Joint Facility, the Second Line Check Facility or the Schengen Shack, whatever one might want to call it, on the north-eastern side, where the checks are done on arrival to Gibraltar.... In uniform, inside the joint facility. Is there presence outside of the joint facility? Yes, there is presence outside of the joint facility. Not in uniform."
Checked against: "Outside of the Schengen immigration booths: a Spanish officer may be present to supervise the e-gates and escort passengers, where necessary, from the first line Schengen check" (Border-checks arrangement, paragraph 2.1.4(b)); "officers within the immigration booths may be in uniform." (Border-checks arrangement, paragraph 2.1.4(a)); "Any Spanish official outside of the Second Line Checks Area or Schengen immigration booths will be in civilian clothes but suitably identified." (Border-checks arrangement, paragraph 2.1.4(b)); "Border surveillance is to be carried out between border crossing points in Gibraltar including the surveillance of border crossing points outside the fixed opening hours" (Agreement, Article 33(3)); "The pursuing officers will be easily identifiable, either by their uniform, by means of an armband or by accessories fitted to their vehicles" (Surveillance and pursuit arrangement, paragraph 6.4(c))
Grade: Incomplete. The text does provide for Spanish officials inside a shared area: the treaty defines the Second Line Checks Area as a special location where second-line checks and operational cooperation take place, and the border checks arrangement makes it a shared working space. The terms 'Equidistant Facility', 'Joint Facility' and 'Schengen Shack' do not appear in the text. The statement leaves out three things. First, the border checks arrangement provides for Spanish officials outside the Second Line Checks Area at the airport: officers in the immigration booths may be in uniform, and an officer outside the booths may be present to supervise the e-gates and escort passengers, in civilian clothes but suitably identified. So uniformed Spanish officers may be present in the booths, which are outside the Second Line Checks Area. Second, the treaty provides for border surveillance by Spain's authorities between border crossing points in Gibraltar. Third, officers continuing a pursuit into Gibraltar are to be easily identifiable by uniform, armband or vehicle accessories (the surveillance and pursuit arrangement). If 'the joint facility' means the whole area where arrival checks are done, the statement is closer to the text, but the text does not use that term.
Grade: Incomplete. The text does provide for Spanish officials inside a shared area: the Second Line Checks Area is defined in Article 26(l) as a special location where second-line checks and operational cooperation take place, and paragraph 2.1.2 of the border-checks arrangement makes it a shared working space. The terms 'Equidistant Facility', 'Joint Facility' and 'Schengen Shack' do not appear in the text. The statement leaves out three things. First, paragraph 2.1.4 provides for Spanish officials 'outside of the Second Line Checks Area' at the airport: officers in the immigration booths 'may be in uniform', and an officer outside the booths 'may be present to supervise the e-gates and escort passengers', in civilian clothes but suitably identified. So uniformed Spanish officers may be present in the booths, which are outside the Second Line Checks Area. Second, Article 33(3) provides for border surveillance by Spain's authorities between border crossing points in Gibraltar. Third, officers continuing a pursuit into Gibraltar are to be easily identifiable by uniform, armband or vehicle accessories (paragraph 6.4(c) of the surveillance and pursuit arrangement). If 'the joint facility' means the whole area where arrival checks are done, the statement is closer to the text, but the text does not use that term.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 15 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "This regulates what they are already doing. It means that they cannot do it without consent or permission."
Checked against: "may continue their surveillance, in line with the relevant Schengen acquis, in Gibraltar or the Kingdom of Spain, respectively." (Agreement, Article 55(1)); "will inform, including via the encrypted radio frequency, the competent authorities of the other Participant in accordance with paragraph 2.5 as soon as possible and at the latest when the competent authorities are about to enter the territory of the other Participant." (Surveillance and pursuit arrangement, paragraph 3.2); "they shall be permitted to continue their surveillance in Gibraltar, in accordance with Article 55." (Treaty on Gibraltar and the European Union Act 2026, section 51(3))
Grade: Incomplete. The treaty says that the competent authorities of the UK, for Gibraltar, or of Spain, who are keeping a person under surveillance as part of a criminal investigation, may continue their surveillance in the other territory, in line with the relevant Schengen rules, and the administrative arrangement on continued surveillance and uninterrupted pursuit says they are allowed to do so. Gibraltar's 2026 Act that brings the treaty into Gibraltar law says that Spain's competent authorities are to be allowed to continue their surveillance in Gibraltar, in line with the treaty, subject to the conditions in the Implementation Regulations (regulations the Government may make under that Act). For each operation, the arrangement requires them to inform the competent authorities of the other side as soon as possible and at the latest when they are about to enter the other side's territory. The arrangement allows the surveillance only under general conditions, including that the officers comply with the law of the territory and obey the instructions of the competent local authorities, and that they may carry service weapons unless the side that was asked specifically decides otherwise. These words match the Schengen Convention's rule on surveillance; they do not match the arrangement, which requires only notice. The held documents do not settle which applies.
Grade: Incomplete. Article 55(1) of the UK-EU Agreement in respect of Gibraltar says that the competent authorities of the UK, for Gibraltar, or of the Kingdom of Spain, who are keeping a person under surveillance as part of a criminal investigation, 'may continue their surveillance, in line with the relevant Schengen acquis', in the other territory, and paragraph 3.1 of Arrangement (the administrative arrangement on continued surveillance and uninterrupted pursuit) says they are allowed to do so. Section 51(3) of the Treaty on Gibraltar and the European Union Act 2026 says that Spain's competent authorities 'shall be permitted to continue their surveillance in Gibraltar, in accordance with Article 55', subject to the conditions in the Implementation Regulations (regulations the Government may make under section 13 of the Act). For each operation, paragraph 3.2 requires them to inform the competent authorities of the other Participant 'as soon as possible and at the latest when the competent authorities are about to enter the territory of the other Participant'. Paragraph 3.4 allows the surveillance 'only under the following general conditions', including that the officers comply with the law of the territory and 'obey the instructions of the competent local authorities' (3.4(a)), and that service weapons may be carried 'save where specifically otherwise decided by the requested Participant' (3.4(c)). Article 40(1) of the Schengen Convention says officers “shall be authorised to continue their surveillance in the territory of another Contracting Party where the latter has authorised cross-border surveillance in response to a request for assistance made in advance.” Article 40(2) allows surveillance without prior authorisation “for particularly urgent reasons”, for the offences in its paragraph 7, with immediate notification and an immediate request, and it ends “five hours after the border was crossed” if authorisation has not been obtained. Paragraph 3.2 of Arrangement requires only that they inform the other side “as soon as possible and at the latest when the competent authorities are about to enter the territory of the other Participant”. The words match the Convention's rule; they do not match paragraph 3.2 of Arrangement 5. The treaty does not say whether Article 55(1) brings in Article 40, so whether a consent or authorisation step applies is not settled by the held documents. No Gibraltar, Spanish or EU rule on continued surveillance is held; Gibraltar's Uninterrupted Pursuit Regulations (LN 152/2026) cover pursuit only. The provisions read are Article 55(1) and (2), paragraphs 3.1 to 3.4 of Arrangement , sections 51(3) and 53(1) of the Act, and Article 40 of the Schengen Convention.
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.
What would settle it: What do the Schengen rules on surveillance that the treaty refers to require before surveillance may continue across the border: consent, authorisation, or notice only? (Question 2.82 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, pages 15, 16 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "So the absence of reference to arming means not armed.... Hon. Members can now have the confidence I am telling you they are not going to be armed. If they are ever armed it is because the Commissioner of Police in Gibraltar is going to agree that they should be armed."
Checked against: "The pursuing officers may carry their service weapons; their use will be prohibited save in cases of legitimate self-defence;" (Surveillance and pursuit arrangement, paragraph 6.4(d)); "The officers carrying out the surveillance may carry their service weapons during the surveillance save where specifically otherwise decided by the requested Participant; their use will be prohibited save in cases of legitimate self-defence;" (Surveillance and pursuit arrangement, paragraph 3.4(c)); "the pursuing officers may carry their service weapons but such weapons shall not be used except in cases of legitimate self-defence;" (Legal Notice 152 of 2026, TGEU Implementation (Uninterrupted Pursuit) Regulations 2026, regulation 5(g))
Grade: Contradicted. Graded against the signed administrative arrangement on continued surveillance and uninterrupted pursuit, and the regulations, which were not published on the date of the statement. The text is not silent on weapons for officers who continue a surveillance or a pursuit across the border. For pursuit, the arrangement says the pursuing officers may carry their service weapons and may use them only in legitimate self-defence, and a Gibraltar Legal Notice of 2026 says the same. For surveillance, the arrangement says the officers may carry their service weapons during the surveillance unless the requested side (our reading: the side into whose territory the surveillance continues) has specifically decided otherwise. Neither text makes carrying weapons depend on a decision by the Commissioner of Police. For joint operations, Gibraltar's declaration says seconded officers shall not carry firearms “unless expressly authorised in writing by the competent authority for a specific operation”, and “The competent authority for authorising and directing joint operations shall be the Commissioner of Police.” For surveillance the requested Participant (our reading: the side into whose territory the surveillance continues) may decide that they may not. The arrangement does not say which Participant that is. For the Schengen entry and exit checks at the airport, the treaty and the border-checks arrangement say nothing about officers carrying weapons, so for that part the premise is correct and what happens in practice depends on law that is not among the held documents. The statement as made, that officers are armed only if the Commissioner agrees, is not what the texts say for surveillance and pursuit. The arrangement and the Legal Notice were not published on 4 March 2026, and the draft treaty says nothing about officers carrying weapons, so no text held settles what was right on that date.
Grade: Contradicted. Graded against the signed Arrangement (the administrative arrangement on continued surveillance and uninterrupted pursuit) and regulations, which were not published on the date of the statement. The text is not silent on weapons for officers who continue a surveillance or a pursuit across the border. For pursuit, paragraph 6.4(d) of the arrangement says the pursuing officers 'may carry their service weapons' and may use them only in legitimate self-defence, and Legal Notice 152 of 2026 (regulation 5(g)) says the same. For surveillance, paragraph 3.4(c) says the officers 'may carry their service weapons during the surveillance save where specifically otherwise decided by the requested Participant'. Neither text makes carrying weapons depend on a decision by the Commissioner of Police. For joint operations under Article 58, Gibraltar's declaration () says seconded officers shall not carry firearms “unless expressly authorised in writing by the competent authority for a specific operation”, and “The competent authority for authorising and directing joint operations shall be the Commissioner of Police.” For surveillance the requested Participant (our reading: the side into whose territory the surveillance continues) may decide that they may not. The arrangement does not say which Participant that is. For the Schengen entry and exit checks at the airport, the UK-EU Agreement in respect of Gibraltar and the border-checks arrangement say nothing about officers carrying weapons, so for that part the premise is correct and what happens in practice depends on law that is not among the held documents. The statement as made, that officers are armed only if the Commissioner agrees, is not what the texts say for surveillance and pursuit. Arrangement and Legal Notice 152 of 2026 were not published on 4 March 2026, and the draft UK-EU Agreement in respect of Gibraltar says nothing about officers carrying weapons, so no text held settles what was right on that date.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 19 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "Here, they are saying they will go to the Gibraltar Courts."
Checked against: "The authorities from which the officers who conducted the pursuit have come will, when so requested by the authorities of the other Participant, assist the enquiry subsequent to the operation in which they took part, including judicial proceedings." (Surveillance and pursuit arrangement, paragraph 6.4(g)); "the Schengen authorities, where the pursuit continued into Gibraltar, and the Gibraltar competent authorities where the pursuit continued into Spain, must assist the enquiry when so requested subsequent to the operation including for the purposes of judicial proceedings." (Legal Notice 152 of 2026, regulation 5(l))
Grade: Shaded. The text says that after a pursuit the pursuing officers must report to the local authorities and stay at their disposal until the circumstances are clarified, and that the officers' own authorities must, on request, assist the enquiry that follows, including judicial proceedings. That is a duty to assist an enquiry and judicial proceedings. It does not say that Spanish officers will attend the Gibraltar courts. The words read more strongly than the text.
Grade: Shaded. The text says that after a pursuit the pursuing officers must report to the local authorities and remain at their disposal until the circumstances are clarified (paragraph 6.4(f)), and that the officers' own authorities must, on request, assist the enquiry that follows, 'including judicial proceedings' (paragraph 6.4(g); regulation 5(l)). That is a duty to assist an enquiry and judicial proceedings. It does not say that Spanish officers will attend the Gibraltar courts. The words read more strongly than the text.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 19 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "we have to be notified, otherwise the pursuit cannot continue. Notification will lead to permission"
Checked against: "notification of the intended pursuit must be given as soon as possible, including via the encrypted radio, and in any event no later than," (Legal Notice 152 of 2026, regulation 5(a)); "will inform, no later than when the requesting officers are about to enter Spain or Gibraltar, the competent authorities, of the other Participant, including via the encrypted radio frequency" (Surveillance and pursuit arrangement, paragraph 5.1); "at the request of the pursuing officers, the competent authorities of the territory in which the pursuit is being continued may challenge the individual being pursued in order to establish his identity or to make an arrest;" (Legal Notice 152 of 2026, regulation 5(i))
Grade: Under review. The first half is supported. Gibraltar's 2026 regulations on pursuit by officers of the other side make notice a condition of lawful pursuit, to be given as soon as possible and no later than when the pursuing officers are about to enter. The second half, that notification will lead to permission, is not in the held texts. The treaty says the pursuit continues in line with the relevant Schengen rules. The Schengen Convention, which is held, lets officers continue a pursuit without the other side's prior authorisation where, given the particular urgency of the situation, the other side cannot be notified beforehand or its authorities cannot reach the scene in time. It says the pursuing officers must contact the competent authorities not later than when they cross the border, and that the pursuit ends as soon as the Party in whose territory it is taking place asks. The Convention has no step in which notification leads to permission. Nor do Gibraltar's 2026 regulations on uninterrupted pursuit: notification, at the latest when officers are about to enter, is the condition of a lawful pursuit, and the local authorities may take over, at which point the pursuit must cease. In June 2025 the UK Minister of State, Baroness Chapman, told the House of Lords that, as Gibraltar is not joining Schengen, the Schengen rule on hot pursuit "will not apply"; a Government of Gibraltar spokesperson told the Gibraltar Chronicle that its terms would be largely replicated in the treaty, on land only (Gibraltar Chronicle, 27 June 2025). The police cooperation arrangement on continued surveillance and uninterrupted pursuit requires the pursuing side to inform the other side, giving its route and reasons; it does not provide for a permission. The local authorities may take over the pursuit, which ends the pursuit by the other side, and may challenge or arrest the person if the pursuing officers ask (the arrangement and those regulations both say so). The second half reads wider than the text, because the Convention has no permission step and lets the Party in whose territory the pursuit is taking place end it by asking; the first half is borne out.
Grade: Under review. The first half is supported. Legal Notice 152 of 2026 (regulation 5(a)) makes notification a condition of lawful pursuit, to be given as soon as possible and no later than when the pursuing officers are about to enter. The second half, 'notification will lead to permission', is not in the held texts, and Article 56(1) says the pursuit continues 'in line with the relevant Schengen acquis'. Article 41(1) of the Schengen Convention lets officers continue a pursuit “without the latter's prior authorisation” where, “given the particular urgency of the situation”, the other side cannot be notified beforehand or its authorities cannot reach the scene in time; it says the pursuing officers “shall, not later than when they cross the border, contact the competent authorities” and “The hot pursuit will cease as soon as the Contracting Party in whose territory the pursuit is taking place so requests.” Article 41 has no step in which notification leads to permission. Nor do Gibraltar's Uninterrupted Pursuit Regulations (LN 152/2026): notification, at the latest when officers are about to enter, is the condition of a lawful pursuit, and the local authorities may take over, at which point the pursuit must cease (regulation 5(a) and (d)). In June 2025 the UK Minister of State, Baroness Chapman, told the House of Lords: "As Gibraltar is not joining Schengen, Article 41 of the Schengen agreement will not apply." A Government of Gibraltar spokesperson told the Gibraltar Chronicle that its terms would be largely replicated in the treaty, with pursuit applying only on land, not at sea (Gibraltar Chronicle, 27 June 2025). Paragraph 5.1 of Arrangement (the administrative arrangement on continued surveillance and uninterrupted pursuit) requires the pursuing side to inform the other side, giving its route and reasons; it does not provide for a permission. The local authorities may take over the pursuit, which ends the pursuit by the other side (paragraph 5.3), and may challenge or arrest the person if the pursuing officers ask (paragraph 6.3; regulation 5(i)). The second half reads wider than the text, because the Convention has no permission step and lets the Party in whose territory the pursuit is taking place end it by asking; the first half is borne out.
What would settle it: What do the Schengen rules on pursuit that the treaty refers to require before a pursuit may continue across the border: permission, or notice only? (Question 2.83 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 19 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "when the Spanish officers stop, they have to hand over their weapons to their Gibraltarian counterparts. They have to hand over the vehicle and hand over the person that they have apprehended on the isthmus."
Checked against: "pending the declarations provided for in paragraph 6.2 of the Administrative Arrangement, the pursuing officers shall be prohibited from apprehending the individual being pursued;" (Legal Notice 152 of 2026, regulation 5(j)); "will challenge the pursued person" (Surveillance and pursuit arrangement, paragraph 6.3)
Grade: Contradicted. The administrative arrangement on continued surveillance and uninterrupted pursuit sets two procedures for a pursuit, and the declaration each side makes under the arrangement decides which one applies. Under the first, the pursuing officers will not have the right to apprehend the pursued person. Under the second, if no request to stop the pursuit is made and the local competent authorities cannot step in quickly enough, the pursuing officers may detain the person pursued until the competent local authorities, who must be told immediately, are able to establish that person’s identity or make an arrest. Whether the pursuing officers may detain the person therefore depends on which procedure the declaration chooses, and a Gibraltar Legal Notice of 2026 says that, until those declarations are made, the pursuing officers are prohibited from apprehending the person being pursued. The grade rests on the apprehension rule alone. On weapons and vehicles every held text is silent: the texts read set no requirement to surrender weapons or vehicles. The Schengen Convention, which is held, requires the officers to report and to remain at the disposal of the local authorities, and says nothing about surrendering weapons or vehicles. The arrangement says the pursuing officers may carry their service weapons and that using them is prohibited except in legitimate self-defence.
Grade: Contradicted. Paragraph 6.1 of Arrangement (the administrative arrangement on continued surveillance and uninterrupted pursuit) sets two procedures for a pursuit, defined by the declaration each Participant makes under paragraph 6.2. Under point (a) the pursuing officers will not have the right to apprehend the pursued person. Under point (b), if no request to cease the pursuit is made and the local competent authorities are unable to intervene quickly enough, the pursuing officers may detain the person pursued until those local authorities, who must be informed immediately, are able to establish the identity of that person or make an arrest. Whether the pursuing officers may detain the person therefore depends on which procedure the declaration chooses, and regulation 5(j) of Legal Notice 152 of 2026 says that 'pending the declarations provided for in paragraph 6.2 of the Administrative Arrangement, the pursuing officers shall be prohibited from apprehending the individual being pursued'. The grade rests on the apprehension rule alone. On weapons and vehicles every held text is silent: the texts read set no requirement to surrender weapons or vehicles. Article 41(5)(g) of the Schengen Convention, which is held, requires the officers to report and to remain at the disposal of the local authorities, and says nothing about surrendering weapons or vehicles. Paragraph 6.4(d) says the pursuing officers may carry their service weapons and that their use will be prohibited save in cases of legitimate self-defence. The provisions read are paragraphs 6.1, 6.2 and 6.4(d) of Arrangement and regulation 5(j) of Legal Notice 152 of 2026.
What would settle it: Do the Schengen rules on pursuit that the treaty's article on uninterrupted pursuit refers to, any declaration or understanding under the part of the surveillance and pursuit arrangement on each side's declaration of how a pursuit is carried out, or any Spanish or EU rule, require pursuing officers to hand over their weapons and vehicles when the pursuit ends? (Question 2.77 in Questions about the treaty, Part 2.)
What would settle it: Do the Schengen rules on pursuit that Article 56(1) refers to, any declaration or understanding under paragraph 6.2 of the surveillance and pursuit arrangement, or any Spanish or EU rule, require pursuing officers to hand over their weapons and vehicles when the pursuit ends? (Question 2.77 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 20 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "it is not Spain deciding, Madam Speaker, it is the Schengen area as a whole, because the information is channelled through Spain, because Spain is the neighbouring member state. It is Spain acting as a proxy for the Schengen states"
Checked against: "the competent authorities of the Kingdom of Spain may inform the competent authorities of the United Kingdom, in respect of Gibraltar, of their objection to the issuance or renewal of a residence permit where the applicant is considered, in accordance with the Schengen acquis, to be a threat to public policy" (Agreement, Article 50(3)); "In that case, the competent authorities of the United Kingdom, in respect of Gibraltar, shall not issue or renew the residence permit" (Agreement, Article 50(3))
Grade: Shaded. The treaty gives the objection to Spain: Spain's competent authorities may inform Gibraltar of their objection, and in that case the UK's authorities for Gibraltar must not issue or renew the permit. The grounds are tied to the Schengen rules and include a threat to the international relations of an EU country and an alert in the Schengen Information System, and a footnote requires public-policy measures to be proportionate and based on the person's own conduct. So the test is a Schengen one, and alerts from other Schengen states can be the basis. But the text does not say that the objection is made by the Schengen area as a whole, or that other Schengen states are consulted: the objection is Spain's, Spain is the only authority named, and Spain may inform Gibraltar of it. 'Proxy' describes how the process is meant to work; the text names Spain as the objecting authority.
Grade: Shaded. Article 50(3) gives the objection to Spain: 'the competent authorities of the Kingdom of Spain may inform... of their objection', and the UK's authorities for Gibraltar 'shall not issue or renew' the permit in that case. The grounds are tied to the Schengen rules and include a threat to the 'international relations of a Member State' and an alert in the Schengen Information System, and a footnote requires public-policy measures to be proportionate and based on personal conduct. So the test is a Schengen one, and alerts from other Schengen states can be the basis. But the text does not say that the objection is made by the Schengen area as a whole, or that other Schengen states are consulted: the objection is Spain's, Spain is the only authority named, and Spain 'may inform' Gibraltar of it. 'Proxy' describes how the process is meant to work; the text names Spain as the objecting authority.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 20 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "vessels which are neutrally branded so that they are not provocative to the populations of one side or the other.... They will be done in one boat with us together."
Checked against: "the competent authorities of the Participants will conduct joint maritime patrols in jointly crewed law enforcement vessels at the borders of both Gibraltar and the surrounding area of Spain." (Border-checks arrangement, paragraph 3.2.2); "each Participant will provide a vessel that is neutrally branded and which will be marked with the European flag or other agreed visible insignia or wording showing it is performing a Schengen border surveillance function" (Border-checks arrangement, paragraph 3.2.4); "The responsibility for providing the vessels for these patrols will alternate on a weekly basis between the Participants." (Border-checks arrangement, paragraph 3.2.4)
Grade: Incomplete. The administrative arrangement on how Schengen border checks and border surveillance will be conducted provides for joint sea patrols in law enforcement vessels crewed by both sides, and says each side's vessel will be neutrally branded, so the statement matches the text as far as it goes. It leaves out that the neutrally branded vessel will be marked with the European flag or other agreed visible insignia or wording showing that it is carrying out Schengen border surveillance, and that the responsibility for providing the vessel alternates every week between the two sides. The arrangement adds that any arrest or detention is to be done by the authority of the territory where the person is caught.
Grade: Incomplete. Paragraph 3.2.2 provides for joint maritime patrols in 'jointly crewed law enforcement vessels', and paragraph 3.2.4 says each side's vessel will be 'neutrally branded', so the statement matches the text as far as it goes. It leaves out that the neutrally branded vessel 'will be marked with the European flag or other agreed visible insignia or wording showing it is performing a Schengen border surveillance function', and that the responsibility for providing the vessel alternates weekly between the two sides. Paragraph 3.2.5 adds that any arrest or detention is to be done by the authority of the territory where the person is apprehended.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 21 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "giving 50% of the company that runs the airport to Aena.... This deal does none of that."
Checked against: "A joint venture company shall be constituted under the shared responsibility of the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain." (Agreement, Article 274(1)); "The joint venture shall select, through regular public tender, and supervise the commercial company in charge of the day-to-day management of Gibraltar airport." (Agreement, Article 274(1))
Grade: Incomplete. The treaty provides that the commercial company in charge of the day-to-day management of Gibraltar airport is chosen by a public tender run by a joint venture company, so the treaty does not give any named Spanish company, Aena or otherwise, a share of the company that runs the airport. That supports the statement. It leaves out that the joint venture company, which chooses and supervises the operator, is set up under the shared responsibility of the UK, for Gibraltar, and Spain; so Spain has a role in the body that chooses the operator. No text held gives the shareholdings of the joint venture company. The earlier part, about the 2006 arrangements, is an account of past events and is not graded.
Grade: Incomplete. Article 274(1) provides that the commercial company in charge of the day-to-day management of Gibraltar airport is chosen by a public tender run by a joint venture company, so the UK-EU Agreement in respect of Gibraltar does not give any named Spanish company, Aena or otherwise, a share of the company that runs the airport. That supports the statement. It leaves out that the joint venture company, which selects and supervises the operator, is constituted 'under the shared responsibility' of the UK, for Gibraltar, and Spain (Article 274(1)); so Spain has a role in the body that chooses the operator. No held text gives the shareholdings of the joint venture company. The earlier part, about the 2006 arrangements, is an account of past events and is not graded.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 22 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "it is not just about flights to Spain, it is about flights to the whole of Europe."
Checked against: "Air transport services between Gibraltar airport and points in the Union territory may be provided only by air carriers of the Union or by air carriers authorised under Union law. These services shall be provided in accordance with Union law." (Agreement, Article 272(2))
Grade: Incomplete. The treaty covers air services between Gibraltar airport and places in the EU's territory, which means every EU country, not only Spain, so the statement is right about the destination. It leaves out that these services may be provided only by EU airlines or airlines authorised under EU law, and in line with EU law. 'The whole of Europe' also goes further than the text: the treaty speaks of the EU's territory, so destinations in Europe outside the EU (for example the UK, which the treaty covers separately) are outside this provision.
Grade: Incomplete. Article 272(2) covers air transport services between Gibraltar airport and 'points in the Union territory', which is every EU country, not only Spain, so the statement is right about the destination. It leaves out that these services may be provided only by EU air carriers or carriers authorised under EU law and in accordance with EU law. 'The whole of Europe' also goes further than the text: the UK-EU Agreement in respect of Gibraltar speaks of the EU territory, so non-EU destinations in Europe (for example the UK, which is covered separately in Article 272(3)) are outside Article 272(2).
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 24 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "Yes this agreement can be terminated on 12 months’ notice but all agreements can be terminated."
Checked against: "Either Party may terminate this Agreement by written notification through diplomatic channels. This Agreement and any supplementing agreement shall cease to be in force on the first day of the twelfth month following the date of notification." (Agreement, Article 334)
Grade: Under review. The treaty says either side (the UK or the EU) may end it by written notice, and the treaty stops applying on the first day of the twelfth month after the notice. That matches 'can be terminated on 12 months' notice'. The statement does not claim that this is the only route, and the text attaches no condition to this right that the words leave out. The treaty gives a further route to end it after the evaluation, and the UK-Gibraltar Concordat on putting the treaty into effect sets out how the UK will use its powers to end the treaty; the statement does not say they do not exist. 'All agreements can be terminated' is a general remark and is not graded. The provisions read are the treaty's two provisions on ending it and the Concordat's section on ending the treaty.
Grade: Under review. Article 334 says either Party may terminate by written notification and the UK-EU Agreement in respect of Gibraltar ceases on the first day of the twelfth month following the notification. That matches 'can be terminated on 12 months' notice'. The statement does not claim that this is the only route, and the text has no condition on Article 334 that the words leave out. Article 66 gives a termination route after the evaluation, and the UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar sets out how the UK will use its termination powers; the statement does not say they do not exist. 'All agreements can be terminated' is a general remark and is not graded. The provisions read are Articles 66 and 334 and the termination section of the Concordat.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 24 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "what we are going to give access to information in real time it is going to be read only... information"
Checked against: "The competent authorities within the Union shall have real time and continuous access to any relevant IT systems used by the competent authorities of the United Kingdom, in respect of Gibraltar, for the application of this Title." (Agreement, Article 251(2)); "the customs and excise authorities of Spain will have continuous real-time online access to the information set out in Article 2(2) of Annex 22 of the Agreement." (Customs arrangement, paragraph 4.1)
Grade: Under review. The UK-EU Agreement in respect of Gibraltar gives the EU's competent authorities 'real time and continuous access to any relevant IT systems' used by Gibraltar's authorities for the customs, indirect tax and trade rules (Article 251(2)), and Annex 22 lists the information (Article 2(2)). The customs arrangement says Spain's customs and excise authorities will have access through 'specific user profiles'. Neither the treaty nor the customs arrangement says the access is 'read only'; what a user profile can do is not set out in the held texts.
What would settle it: What rights do the user profiles given to Spain's customs and excise authorities carry (view only, or other functions)? (Question 2.84 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 26 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "the hon. Gentleman has to realise that that is behind a wall. In other words, it is behind a veto. We have a veto on that ever applying."
Checked against: "The Cooperation Council or, as the case may be, a Specialised Committee, shall adopt decisions and make recommendations by mutual consent." (Agreement, Article 24(2)); "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" (Agreement, Article 247(1)); "the United Kingdom Government will not, other than in the most exceptional circumstances, adopt positions or make decisions in those bodies without the Gibraltar Government’s agreement." (Concordat, section 'Cooperation')
Grade: Incomplete. The speaker is talking about the move from the transaction tax arrangements to the full application of EU VAT law. The treaty makes that move depend on a decision of the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it), and the Council decides by mutual consent, so the EU law the treaty lists for this cannot start to apply without the agreement of the UK, for Gibraltar. The treaty therefore gives a veto to that side, but it gives it to the UK side as a whole, not to the Gibraltar Government. What links the two is the UK-Gibraltar Concordat on carrying out the treaty: the Gibraltar Government nominates people to the Cooperation Council, and the UK Government will not, other than in the most exceptional circumstances, take positions or make decisions in those bodies on matters within Gibraltar's responsibilities without the Gibraltar Government's agreement. The statement leaves out that the veto sits with the UK side under the treaty and that the Concordat's commitment has an exception for exceptional circumstances.
Grade: Incomplete. The speaker is talking about the move from the transaction-tax arrangements to the full application of EU VAT law. Article 247(1) makes that depend on a Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) decision, and Article 24(2) says the Council decides by mutual consent, so the EU law in Annex 20 cannot start to apply without the agreement of the UK, for Gibraltar. The treaty therefore gives a veto to that side, but the treaty gives it to the UK side as a whole, not to the Gibraltar Government. The UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar is what links the two: the Gibraltar Government nominates persons to the Cooperation Council and the UK Government will not, other than in the most exceptional circumstances, adopt positions or make decisions in those bodies on matters within Gibraltar's responsibilities without the Gibraltar Government's agreement. The statement leaves out that the veto sits with the UK side under the treaty and that the Concordat commitment has an exceptional-circumstances exception.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 27 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "the hon. Gentleman is wrong to think that we have given up our import duty, we are just going to call it something else"
Checked against: "import duty under the Imports and Exports Act, 1986 and any accompanying subsidiary legislation shall not be charged, levied and collected upon." (Treaty on Gibraltar and the European Union Act 2026, Schedule 1, paragraph 13); "Goods produced in or imported into Gibraltar shall be liable to a transaction tax." (Agreement, Article 248(2)); "The import duties relating to the T1GI document shall be established by the designated customs posts in accordance with the applicable Union law and entered in the accounts referred to in point (a)." (Agreement, Annex 21, Article 3(1)(b))
Grade: Shaded. The words say the import duty has not been given up, only renamed. Part of this is right: Gibraltar's 2026 Act that brings the treaty into Gibraltar law stops import duty under the 1986 Act being charged, and the treaty puts a transaction tax and an excise duty on goods in its place until the Cooperation Council's decision on the EU customs and goods rules enters into force, so Gibraltar still raises revenue on goods; and duties on goods from outside the customs union are still set under EU law and paid to Gibraltar's accounts. But "just call it something else" reads wider than the text. The transaction tax has a different base and rules: it also applies to goods produced in Gibraltar, its taxable amount includes other duties, and its standard rate must be not less than the lowest standard VAT rate of an EU country (17% at signature), with a permitted phase-in of 15%, 16% and 17% over three years.
Grade: Shaded. The words say the import duty has not been given up, only renamed. Part of this is right: paragraph 13 of Schedule 1 to the Treaty on Gibraltar and the European Union Act 2026 stops import duty under the 1986 Act being charged, and the UK-EU Agreement in respect of Gibraltar puts a transaction tax and an excise duty on goods in its place until the decision under Article 247(1) enters into force (Article 248), so Gibraltar still raises revenue on goods; and duties on goods from outside the customs union are still established under EU law and paid to Gibraltar's accounts (Annex 21, Article 3). But 'just call it something else' reads wider than the text. The transaction tax has a different base and rules: it also applies to goods produced in Gibraltar (Article 248(2)), its taxable amount includes other duties (Annex 24, Article 2(1)), and its standard rate must be not less than the lowest standard VAT rate of an EU country (17% at signature), with a permitted phase-in of 15%, 16% and 17% over three years (Annex 24, Article 2(3)).
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.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 30 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "The State Aid body for Gibraltar will be a Gibraltar body so whilst the rest of Europe is governed by the State Aid rules of... Europe and managed by the Commission, we will be managing those regulations for ourselves with an independent Gibraltar State Aid committee."
Checked against: "Each Party shall establish or maintain an operationally independent authority or body with an appropriate role in its State aid control system." (Agreement, Article 205(1)); "for establishing the independent authority pursuant to Article 205 of the Agreement" (Concordat, section 'Responsibilities'); "The United Kingdom, in respect of Gibraltar, shall have regard to such an opinion" (Agreement, Article 205(6))
Grade: Incomplete. The treaty requires each side to set up or keep an operationally independent authority or body, and the agreement between the UK and Gibraltar on putting the treaty into effect (the Concordat) makes the Government of Gibraltar responsible for setting it up, so a Gibraltar body is provided for. The statement leaves out three things. The authority has to apply the treaty's State aid rules, which are set out in the treaty and one of its annexes, not rules Gibraltar writes for itself. For an Act of the Gibraltar Parliament the authority only gives an opinion, and the UK, for Gibraltar, must have regard to it. And either side may take remedial measures about State aid that has a significant negative effect on trade in goods or investment, with arbitration available.
Grade: Incomplete. Article 205(1) requires each Party to establish or maintain an operationally independent authority or body, and the UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar makes the Government of Gibraltar responsible for establishing it, so a Gibraltar body is provided for. The statement leaves out three things. The authority has to apply the State aid rules of the treaty, which are set out in the treaty and its Annex 18, not rules Gibraltar writes for itself. For an Act of the Gibraltar Parliament the authority only issues an opinion, and the UK, for Gibraltar, must have regard to it (Article 205(6)). And either Party may take remedial measures about State aid that has a significant negative effect on trade in goods or investment (Article 209), with arbitration available.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 30 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "it also has to affect trade between Member States there is a double hurdle there"
Checked against: "produce, transform or supply goods and the aid has, or could have, an effect on trade or investment between the Union and Gibraltar; or" (Agreement, Article 201(1)(a)); "are engaged in the provision of services insofar as the aid has, or could have, an effect on trade in goods or investment between the Union and Gibraltar." (Agreement, Article 201(1)(b))
Grade: Shaded. The treaty does require a link to trade before its state aid chapter applies, so there is a second test beyond the existence of aid. But the link in the text is an effect on trade or investment between the EU and Gibraltar, not 'trade between Member States'. The text covers investment as well as trade, and the test is met where the aid has, or could have, such an effect, not only where one is shown. For service providers the test is an effect on trade in goods or investment. The words describe the test as narrower than it is.
Grade: Shaded. Article 201(1) does require a link to trade before the chapter applies, so there is a second test beyond the existence of aid. But the link in the text is an effect on 'trade or investment between the Union and Gibraltar', not 'trade between Member States'. The text covers investment as well as trade, and it is met where the aid 'has, or could have' such an effect, not only where one is shown. For service providers the test is an effect on trade in goods or investment. The words describe the test as narrower than it is.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 30 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "On reclamations there is no change to what Gibraltar can do exactly the same as we have been doing until now, just looking at transboundary effect"
Checked against: "If a proposed activity in the territory of one Participant, including in relation to landfilling, waste water or air pollution, is likely to cause a significant adverse transboundary impact on the environment of the other Participant" (Environmental arrangement, paragraph 8); "The time within which a response is required will not be less than 30 days." (Environmental arrangement, paragraph 8); "environmental impact assessment and strategic environmental assessment;" (Agreement, Article 218(1)(c))
Grade: Contradicted. The statement says there is ‘no change to what Gibraltar can do’ on reclamations, ‘just looking at transboundary effect’. The texts attach obligations to a proposed activity, including landfilling, waste water or air pollution, that is likely to cause a significant harmful cross-border impact on the environment of the other side. Under the administrative arrangement on environmental matters, the side where the activity is proposed must notify the affected side as early as possible and no later than when it informs its own public about the proposed activity; the notification must say within what reasonable time a response is needed, and that time will not be less than 30 days. When a side considers that it would be affected by such an impact and no notification has taken place, the other side will, at the affected side’s request, exchange information, and this also applies to projects being developed when the arrangement was signed, in particular landfilling, waste water and air pollution. The competent authorities will use the forum offered by the Committee to discuss their obligations on cross-border environmental impact assessments. The treaty is not limited to cross-border effects: it requires the UK, for Gibraltar, to uphold 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, and it lists environmental impact assessment and strategic environmental assessment among the areas covered.
Grade: Contradicted. The statement says there is 'no change to what Gibraltar can do' on reclamations, 'just looking at transboundary effect'. The texts attach obligations to a proposed activity, 'including in relation to landfilling, waste water or air pollution', that is likely to cause a significant adverse transboundary impact on the environment of the other Participant. Under paragraph 8 of Arrangement (the administrative arrangement on environmental matters) the Participant of origin must notify the affected Participant as early as possible and no later than when informing its own public about the proposed activity; the notification must contain an indication of a reasonable time within which a response is required, and that time 'will not be less than 30 days'. Under paragraph 9, when a Participant considers that it would be affected by such an impact and no notification has taken place, the other Participant will, at the request of the affected Participant, exchange information, and this also applies to projects being developed when the Arrangement was signed, 'and more specifically, to land filling activities, wastewater, and air pollution'. Under paragraph 7 the competent authorities will use the forum offered by the Committee to discuss their obligations on environmental impact assessments in a transboundary context. Article 219(4) of the UK-EU Agreement in respect of Gibraltar is not limited to transboundary effect: it 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, and Article 218(1)(c) lists environmental impact assessment and strategic environmental assessment among the areas covered. The provisions read are paragraphs 7, 8 and 9 of Arrangement and Articles 218(1)(c) and 219(4) of the treaty.
What would settle it: Do the environmental arrangement's rules on environmental impact assessment across the border, including notifying the other side, and the treaty's rules on levels of environmental protection as they cover environmental impact assessment, change what Gibraltar had to do before the treaty for a land reclamation scheme? (Question 2.85 in Questions about the treaty, Part 2.)
What would settle it: Do the transboundary notification duties in paragraphs 7 to 9 of the environmental arrangement, and the environmental impact assessment standards under Articles 218 and 219, change what Gibraltar had to do before the treaty for a land reclamation scheme? (Question 2.85 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 41 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "The Treaty now ensures that we keep to the highest standards of environmental governance and law.... So, Madam Speaker, we set our laws, good for us, and we keep to international obligations, great for the environment."
Checked against: "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." (Agreement, Article 219(4)); "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." (Agreement, Article 219(1))
Grade: Shaded. The treaty does affirm the right of each side to the treaty, and so of the UK, for Gibraltar, to set its own environmental policies and laws, and to do so consistently with its international commitments, so 'we set our laws' has a basis. But the words 'the highest standards' are wider than the text. The treaty requires the UK, for Gibraltar, to keep levels of protection equivalent to the levels in place in the EU, including by effectively enforcing the environmental and climate law that applies to and in Gibraltar. That is a defined benchmark, not 'the highest standards'. The treaty also limits the right to set levels to what is consistent with the commitments of the EU and the UK under its environment and climate chapter, and it deals separately with enforcement and with settling disputes.
Grade: Shaded. Article 219(1) does affirm the right of each Party, and so of the UK, for Gibraltar, to set its own environmental policies and laws, and to do so consistently with its international commitments, so 'we set our laws' has a basis. But the words 'the highest standards' are wider than the text. Article 219(4) requires the UK, in respect of Gibraltar, to uphold levels of protection that are 'equivalent to the levels in place in the Union', including by effectively enforcing the environmental and climate law that applies to and in Gibraltar. That is a defined benchmark, not 'the highest standards'. Article 219(1) also limits the right to set levels to what is consistent with the Parties' commitments under the Chapter, and Articles 222 and 223 deal with enforcement and dispute settlement. The provisions read are Articles 218 to 223.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 41 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "Its very preamble in paragraph 9 stresses... A commitment to uphold the parties' respective high levels of protection in the areas of... environment and the fight against climate change."
Checked against: "a commitment to uphold the Parties' respective high levels of protection in the areas of labour and social standards, the environment, the fight against climate change, and taxation," (Agreement, Preamble, recital 9)
Grade: Incomplete. The treaty's preamble does contain a commitment to uphold each side's high levels of protection in the environment and the fight against climate change, so the quotation is accurate as far as it goes. That preamble paragraph lists more areas than the quotation gives: labour and social standards, and taxation. The quoted list has a gap, marked by three dots. A preamble paragraph sets out purpose; the binding duties on the environment are in other articles of the treaty.
Grade: Incomplete. Recital 9 of the preamble does contain a commitment to uphold the Parties' respective high levels of protection in the areas of the environment and the fight against climate change, so the quotation is accurate as far as it goes. The preamble paragraph lists more areas than the quotation gives: labour and social standards, and taxation. The quoted list has a gap, marked here by '...'. A preamble paragraph sets out purpose; the binding environmental duties are in Articles 218 to 223.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 7 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "In respect of aviation, the agreement enables flights between Gibraltar and the European Union."
Checked against: "Air transport services between Gibraltar airport and points in the Union territory may be provided only by air carriers of the Union or by air carriers authorised under Union law. These services shall be provided in accordance with Union law." (Agreement, Article 272(2)); "The joint venture shall select, through regular public tender, and supervise the commercial company in charge of the day-to-day management of Gibraltar airport." (Agreement, Article 274(1)); "Air carriers that are subject to the restrictive measures of either of the Parties shall not be permitted to operate to and from Gibraltar airport." (Agreement, Article 273(9))
Grade: Incomplete. The treaty provides for air services between Gibraltar airport and places in the EU's territory, so the statement is right that the treaty makes such flights possible. It leaves out the conditions the text attaches. These services may be provided only by EU airlines or airlines authorised under EU law, and in line with EU law. Gibraltar airport must meet safety and security levels at least equal to those of civil airports that follow the rules of the International Civil Aviation Organization (ICAO), and apply the rules listed in one of the treaty's annexes. Airlines under an EU operating ban or under either side's restrictive measures may not fly to and from the airport. Day-to-day management of the airport is to be run by a company chosen through the joint venture's public tender.
Grade: Incomplete. Article 272(2) provides for air transport services between Gibraltar airport and points in the EU territory, so the statement is right that the UK-EU Agreement in respect of Gibraltar enables such flights. It leaves out the conditions the text attaches. These services may be provided only by air carriers of the EU or carriers authorised under EU law, and in accordance with EU law (Article 272(2)). Gibraltar airport must meet safety and security levels at least equal to those of ICAO civil airports and apply the rules in Annex 25 (Article 273). Carriers under an EU operating ban or under either Party's restrictive measures may not operate to and from the airport (Article 273(8) and (9)). Day-to-day management of the airport is to be run by a company chosen through the joint venture's public tender (Article 274).
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 7 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "The only change for cruise ships is that vessels now visiting Gibraltar will need to arrive from an EU port or a UK port. That is, their previous stop will have been in the EU or UK."
Checked against: "The United Kingdom, in respect of Gibraltar, will ensure that no cruise liners call into Gibraltar directly from third countries other than from the United Kingdom." (Border-checks arrangement, paragraph 2.2.1); "in the case of cruise ships, no cruise ships start or end their itineraries at Gibraltar." (Border-checks arrangement, paragraph 2.2.2(b))
Grade: Incomplete. The border-checks arrangement between the UK, for Gibraltar, and Spain says Gibraltar will ensure that no cruise liners call directly from countries outside the EU other than the UK, which matches 'arrive from an EU port or a UK port' (a port in an EU country is not a port outside the EU). The statement says this is 'the only change'. The same arrangement sets a second condition for the port arrangements: no cruise ships start or end their itineraries at Gibraltar. It adds that where the treaty's conditions for these port arrangements are not met, Spanish officials may carry out first-line checks at the port. 'Only change' reads wider than the text.
Grade: Incomplete. Paragraph 2.2.1 of the border-checks arrangement says Gibraltar will ensure that no cruise liners call directly from third countries other than from the UK, which matches 'arrive from an EU port or a UK port' (an EU country port is not a third-country port). The statement says this is 'the only change'. The same arrangement sets a second condition for the port arrangements in paragraph 2.2.2(b): no cruise ships start or end their itineraries at Gibraltar. Paragraph 2.2.3 adds that where the conditions in Article 29(3) of the UK-EU Agreement in respect of Gibraltar are not met, Spanish officials may carry out first-line checks at the port. 'Only change' reads wider than the text.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 7 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "Crew changes are also secure with a bespoke arrangement for Gibraltar which has already been explained by our Chief Minister."
Checked against: "The competent authorities of Spain will exempt from visa requirements under Union law civilian sea crew members who hold a seafarer's identity document" (Border-checks arrangement, paragraph 2.2.4)
Grade: Incomplete. The administrative arrangement on how Schengen border checks and border surveillance will be conducted supports the statement in part: Spain's competent authorities will exempt civilian sea crew members from visa requirements under EU law. The exemption is for crew members who hold a seafarer's identity document issued under the International Labour Organisation Conventions of 13 May 1958 or of 19 June 2003 or the International Maritime Organization Convention on Facilitation of International Maritime Traffic of 9 April 1965, and it applies when they land to board a ship or go ashore to travel on to another country. The statement leaves out what goes with the exemption. Under the arrangement and the treaty, crew members arriving at the port who must go through Schengen entry checks are taken to the airport for those checks where checks are carried out at the airport instead of the port, which is possible only if the volume of traffic through the port allows an efficient, high and uniform level of control at the airport crossing point; and under the treaty the crew lists must be drawn up and submitted, and changes to them reported.
Grade: Incomplete. Paragraph 2.2.4 of Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted) supports the statement in part: the competent authorities of Spain 'will exempt from visa requirements under Union law' civilian sea crew members. The exemption is for crew members who hold a seafarer's identity document issued in accordance with the International Labour Organisation Conventions No 108 of 13 May 1958 or No 185 of 19 June 2003 or the International Maritime Organization Convention on Facilitation of International Maritime Traffic of 9 April 1965, and it applies 'when they land to board a ship or go ashore to transit to another country'. The statement leaves out what goes with the exemption. Under paragraph 2.2.1 and Article 29(3), crew members arriving at the port who are required to undergo Schengen entry checks are taken to the airport for those checks where checks are carried out at the airport instead of the port, which is possible only 'if the volume of traffic flows through the port allows for an efficient, high and uniform level of control at the airport border crossing point'; and under Annex 7, point 6 the crew lists must be drawn up and submitted, and changes to them reported. The provisions read are paragraphs 2.2.1 and 2.2.4 of Arrangement , Article 29(3) and Annex 7, point 6.
What would settle it: How do Gibraltar's rules before the treaty for the arrival, departure and change of ships' crews compare with the rules under the treaty and its arrangements, including the relevant provision of the border-checks arrangement? (Question 2.81 in Questions about the treaty, Part 2.)
What would settle it: How do Gibraltar's rules before the treaty for the arrival, departure and change of ships' crews compare with the rules under the treaty and its arrangements, including paragraph 2.2.4 of the border-checks arrangement? (Question 2.81 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 26 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "Schengen rules require that entry and exit checks are carried out by a Schengen member state. This is a requirement of the Schengen system."
Checked against: "will be responsible, as a matter of Union Law, for the implementation of Schengen border entry and exit checks at the port and airport" (Administrative arrangement on Schengen border checks and border surveillance, recital 'RECALLING'); "the competent authorities of the Kingdom of Spain shall perform any functions which are required to exercise border control, comprising border checks and border surveillance, as set out in the Schengen Borders Code and related tasks under Union law." (Agreement, Article 33(1))
Grade: Under review. The border-checks arrangement records that Spain, as the neighbouring EU Schengen country, will be responsible as a matter of EU law for carrying out Schengen entry and exit checks at the port and airport, and the treaty gives Spain's authorities the border-control functions set out in the Schengen Borders Code. No exception or condition that the words leave out was found in that provision of the treaty or in that opening paragraph of the arrangement. The treaty also has Gibraltar's authorities carry out the first check on entry; the statement does not say otherwise. Whether the arrangement is a political concession is a judgement and is not graded.
Grade: Under review. The border-checks arrangement records that Spain, as the neighbouring EU Schengen country, 'will be responsible, as a matter of Union Law, for the implementation of Schengen border entry and exit checks at the port and airport', and Article 33(1) gives Spain's authorities the border-control functions set out in the Schengen Borders Code. No exception or condition that the words leave out was found in Article 33(1) or the preamble paragraph. Article 29(5) also has Gibraltar's authorities carry out the first check on entry; the statement does not say otherwise. Whether the arrangement is 'a political concession' is a judgement and is not graded.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 28 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "the treaty and any measure under it are without prejudice to the legal positions... of the United Kingdom and Spain"
Checked against: "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction, and shall not constitute the basis for any assertion or denial of sovereignty, including in legal proceedings or otherwise." (Agreement, Article 2)
Grade: Verified. The treaty's sovereignty clause says that the treaty, any supplementing agreements, any administrative arrangements, and any measures, instruments or conduct taken under them are without prejudice to, and do not otherwise affect, the legal positions of the UK and Spain on sovereignty and jurisdiction. The speaker's words match, and in context she is speaking about sovereignty and jurisdiction. The clause contains no exception or limit. The administrative arrangements on border checks and on surveillance and pursuit repeat the same wording in their opening paragraphs. The statement does not claim more than that the legal positions are not affected.
Grade: Verified. Article 2 says that the UK-EU Agreement in respect of Gibraltar, any supplementing agreements, any administrative arrangements, and any measures, instruments or conduct taken under them are without prejudice to, and do not otherwise affect, the legal positions of the UK and Spain on sovereignty and jurisdiction. The speaker's words match, and in context she is speaking about sovereignty and jurisdiction. Article 2 contains no exception or limit. The administrative arrangements on border checks and on surveillance and pursuit repeat the same wording in their opening paragraphs. The statement does not claim more than that the legal positions are not affected.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 28 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "This treaty avoids that by removing all physical checks at the land border."
Checked against: "All physical barriers related to the circulation of persons between the Union and Gibraltar shall be removed." (Agreement, Article 28); "persons may circulate between Gibraltar and the Member States applying the Schengen acquis in full without border checks being carried out" (Agreement, Article 30(1)); "may exceptionally reinstate border control between Gibraltar and the territory of the Member States applying the Schengen acquis in full for a limited period of up to 10 days." (Agreement, Article 30(2)); "shall reinstate border control between the Union and Gibraltar." (Agreement, Article 67(2))
Grade: Incomplete. The treaty provides for the physical barriers on people to be removed and for people to move between Gibraltar and the Schengen countries without border checks, so the statement is right as far as it goes. It leaves out two provisions that allow checks to return. Either side may, exceptionally and only as a last resort, bring back border control between Gibraltar and the Schengen countries for up to 10 days where there is a serious threat to public policy, public health or internal security; this can be extended by 20 days and then by monthly periods up to six months. Either side of the treaty may also suspend its obligations in the circumstances the treaty sets out, and border control is then brought back. The treaty also ties the removal of barriers to an implementation plan in an administrative arrangement.
Grade: Incomplete. Articles 28 and 30(1) provide for removal of the physical barriers on persons and for circulation between Gibraltar and the Schengen states without border checks, so the statement is right as far as it goes. It leaves out two provisions that allow checks to return. Article 30(2) lets either side exceptionally, and only as a last resort, reinstate border control between Gibraltar and the Schengen states for up to 10 days on a serious threat to public policy, public health or internal security, extendable by 20 days and then by monthly periods up to six months. Article 67 lets either Party suspend its obligations in the circumstances it sets out, and then border control is reinstated (Article 67(2)). Article 7 also ties the removal of barriers to an implementation plan in an administrative arrangement.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 28 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "It abolishes import duty."
Checked against: "import duty under the Imports and Exports Act, 1986 and any accompanying subsidiary legislation shall not be charged, levied and collected upon." (Treaty on Gibraltar and the European Union Act 2026, Schedule 1, paragraph 13); "The import duties relating to the T1GI document shall be established by the designated customs posts in accordance with the applicable Union law and entered in the accounts referred to in point (a)." (Agreement, Annex 21, Article 3(1)(b))
Grade: Incomplete. Gibraltar's 2026 Act that brings the treaty into Gibraltar law says import duty under Gibraltar's Imports and Exports Act 1986 is not to be charged, levied or collected, so Gibraltar's own import duty is switched off. The statement leaves out that the treaty still provides for import duties on goods coming from outside the customs union. These duties are set at the designated customs posts under the EU law that applies and entered in separate Gibraltar accounts, and the EU passes the money to Gibraltar less a percentage for the cost of collection. The treaty also adds a transaction tax and an excise duty on goods. 'Abolishes import duty' is therefore true of the old Gibraltar duty but not of every import duty.
Grade: Incomplete. Paragraph 13 of Schedule 1 to the Treaty on Gibraltar and the European Union Act 2026 says import duty under the Imports and Exports Act 1986 shall not be charged, levied or collected, so Gibraltar's own import duty is switched off. The statement leaves out that the UK-EU Agreement in respect of Gibraltar still provides for import duties on goods coming from outside the customs union. Annex 21, Article 3 says these duties are established at the designated customs posts under the applicable EU law and entered in separate Gibraltar accounts, and the EU passes the money to Gibraltar less a collection-cost percentage (Article 3(7) and (9)). The treaty also adds a transaction tax and an excise duty on goods (Article 248). 'Abolishes import duty' is therefore true of the old Gibraltar duty but not of every import duty.
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.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 28 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "It maintains Gibraltar's VAT-free status."
Checked against: "Goods produced in or imported into Gibraltar shall be liable to a transaction tax." (Agreement, Article 248(2)); "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" (Agreement, Article 247(1)); "Union legislation concerning VAT, excise, and administrative cooperation and recovery assistance." (Agreement, Annex 20, paragraph 1(i)); "the Union may, for a period not longer than 30 days, levy the VAT and excise applicable to the specific good or category of goods identified in the notification" (Agreement, Article 249(4))
Grade: Incomplete. The treaty sets a transaction tax and an excise duty on goods in Gibraltar and does not apply VAT, so for now the statement is right. It leaves out two things the text attaches. First, the EU law listed in one of the treaty's annexes, which includes the EU's VAT law, would apply to Gibraltar if the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) adopts a decision, and that body decides by mutual consent. Second, under the treaty's safeguard procedure the EU may, in the conditions set out there, charge VAT and excise for up to 30 days (renewable) on goods being moved to Gibraltar. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 248 sets a transaction tax and an excise duty on goods in Gibraltar and does not apply VAT, so for now the statement is right. It leaves out two things the text attaches. First, Article 247(1) says the EU law listed in Annex 20, which includes the EU's VAT legislation (Annex 20, paragraph 1(i)), would apply to Gibraltar if the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) adopts a decision, and Article 24(2) says that body decides by mutual consent. Second, under the safeguard procedure in Article 249 the EU may, in the conditions set out there, levy VAT and excise for up to 30 days (renewable) on goods being moved to Gibraltar. The provisions read are Articles 247 to 249 and Annex 20.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 8 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "with frictionless mobility across the EEA."
Checked against: "Persons resident in Gibraltar may enter and stay, without a visa for a maximum period of 90 days in any 180-day period, in the territory of Member States applying the Schengen acquis in full." (Agreement, Article 41(1)); "persons may circulate between Gibraltar and the Member States applying the Schengen acquis in full without border checks being carried out" (Agreement, Article 30(1))
Grade: Shaded. The words come in a passage about the University of Gibraltar attracting students. The treaty removes border checks between Gibraltar and the EU countries applying the Schengen rules in full, and lets people resident in Gibraltar enter and stay in those countries without a visa for up to 90 days in any 180. "Across the EEA" is wider than that: the treaty speaks of the EU countries (it excludes Ireland), not the European Economic Area, and the stay is limited to 90 days in 180 for visa-free travel, while an EU country may require a visa for paid activity. "Frictionless" also overlooks that border control can be brought back.
Grade: Shaded. The words come in a passage about the University of Gibraltar attracting students. The UK-EU Agreement in respect of Gibraltar removes border checks between Gibraltar and the EU countries applying the Schengen rules in full (Article 30(1)) and lets persons resident in Gibraltar enter and stay in those states without a visa for up to 90 days in any 180 (Article 41(1)). 'Across the EEA' is wider than that: the treaty speaks of the EU countries (Article 39 excludes Ireland), not the European Economic Area, and the stay is limited to 90 days in 180 for visa-free travel, while an EU country may require a visa for paid activity (Article 41(2)). 'Frictionless' also overlooks that border control can be reinstated (Articles 30(2) and 67).
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 9 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "The treaty between the UK and the EU regarding Gibraltar safeguards Gibraltar Government housing primarily by allowing the Gibraltar Government to implement stricter residency criteria and ensuring that public housing remains available for long-term residents and registered Gibraltarians."
Checked against: "social and tax advantages, except rights of access to housing;" (Agreement, Article 292(3)(c)); "The Cooperation Council shall, within one month of being so informed, provide its opinion on whether or not such changes are compatible with this Agreement." (Agreement, Article 45(4)); "The United Kingdom, in respect of Gibraltar, shall ensure that any identity card or residence permit issued in Gibraltar is issued only to a person who meets the conditions for entitlement to such identity card or residence permit set out in the legislation in force on the date of entry into force of this Agreement." (Agreement, Article 45(2))
Grade: Incomplete. Two provisions bear on this. The treaty leaves rights of access to housing out of the equal-treatment rights of frontier workers, which supports the idea that the treaty does not give them a right to housing. The treaty's rule on the right to reside deals with residence permits and identity cards: they may be issued only to people who meet the conditions in the law in force when the treaty enters into force, and changes may not go below the floors that rule sets (for example 10 years' continuous residence for an identity card on the basis of earlier residence). The statement leaves out that the UK, for Gibraltar, must inform the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) of proposed changes to those conditions and the Council gives an opinion on whether they are compatible within one month, and that the rule sets floors, not a right to set stricter criteria. The treaty does not mention public housing or 'registered Gibraltarians'.
Grade: Incomplete. Two provisions bear on this. Article 292(3)(c) excludes 'rights of access to housing' from the equal-treatment rights of frontier workers, which supports the idea that the UK-EU Agreement in respect of Gibraltar does not give them a right to housing. Article 45 deals with residence permits and identity cards: they may be issued only to people who meet the conditions in the legislation in force when the treaty enters into force (Article 45(2)), and changes may not go below the floors in Article 45(4) (for example 10 years' continuous residence for an identity card on the basis of prior residence). The statement leaves out that the UK, for Gibraltar, must inform the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) of proposed changes to those conditions and the Council gives an opinion on compatibility within one month (Article 45(4)), and that Article 45 sets floors, not a right to set stricter criteria. The treaty does not mention public housing or 'registered Gibraltarians'.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 10 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "With streamlined border arrangements and fluid movement, our athletes, teams and supporters can travel for competitions, training and international fixtures without restrictions."
Checked against: "Persons resident in Gibraltar may enter and stay, without a visa for a maximum period of 90 days in any 180-day period, in the territory of Member States applying the Schengen acquis in full." (Agreement, Article 41(1)); "may exceptionally reinstate border control between Gibraltar and the territory of the Member States applying the Schengen acquis in full for a limited period of up to 10 days." (Agreement, Article 30(2))
Grade: Shaded. The treaty removes border checks on movement between Gibraltar and the EU countries applying the Schengen rules in full, so travel for sport is easier at the border. "Without restrictions" is wider than the text. People resident in Gibraltar may stay in those countries without a visa for a maximum of 90 days in any 180; an EU country may require a visa for travel to carry out a paid activity; and border control may be brought back on a serious threat or after a suspension. The stay limit is the point he had raised earlier in the same speech about the Entry/Exit System.
Grade: Shaded. The UK-EU Agreement in respect of Gibraltar removes border checks on circulation between Gibraltar and the EU countries applying the Schengen rules in full (Article 30(1)), so travel for sport is easier at the border. 'Without restrictions' is wider than the text. Persons resident in Gibraltar may stay in those states without a visa for a maximum of 90 days in any 180 (Article 41(1)); a Member State may require a visa for travel to carry out a paid activity (Article 41(2)); and border control may be reinstated on a serious threat (Article 30(2)) or after a suspension (Article 67). The stay limit is the point he had raised earlier in the same speech about the Entry/Exit System.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 11 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "In relation to civil contingencies, Madam Speaker, the treaty establishes structured cooperation, industrial dialogue and mechanisms for information sharing."
Checked against: "In order to step up police cooperation, the competent authorities of the Union and the Member States, on the one side, and of the United Kingdom, in respect of Gibraltar, on the other side, may, in maintaining public order and security and preventing criminal offences, introduce joint patrols and other joint operations" (Agreement, Article 58(1))
Grade: Untested. The treaty, its annexes and the seven administrative arrangements between the UK, for Gibraltar, and Spain were searched for civil protection, civil contingencies, emergency planning and industrial dialogue; no provision uses those terms. There are provisions on police information exchange, joint operations and ambulances, and working groups in the arrangements. None is described as civil-contingencies cooperation, so the held text does not settle what the words refer to.
Grade: Untested. The UK-EU Agreement in respect of Gibraltar, its Annexes and the seven administrative arrangements between the UK, for Gibraltar, and Spain (Arrangements to ) were searched for civil protection, civil contingencies, emergency planning and industrial dialogue; no provision uses those terms. There are provisions on police information exchange (Article 54), joint operations (Article 58), and ambulances (Article 276), and working groups in the arrangements. None is described as civil-contingencies cooperation, so the held text does not settle what the words refer to.
What would settle it: Which provision of the treaty or its arrangements sets up cooperation, industrial dialogue and information sharing on civil contingencies? (Question 2.86 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 4 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "To suggest that we are making some concession by agreeing that they can actually walk into five metres of that area, on condition that we walk into five metres of La Línea on the other side, is not boots on the ground."
Checked against: "The Second Line Checks Area will be a shared working space designed and built in accordance with the design at Annex A" (Administrative arrangement on Schengen border checks and border surveillance, paragraph 2.1.2); "may continue pursuit, in line with the relevant Schengen acquis, in Spain or Gibraltar, respectively." (Agreement, Article 56(1))
Grade: Untested. The words describe a reciprocal arrangement in which a Spanish official may go five metres into Gibraltar if a Gibraltar official may go five metres into La Línea. The treaty, the seven administrative arrangements between the UK, for Gibraltar, and Spain, Gibraltar's 2026 Act that brings the treaty into Gibraltar law and the regulations were searched for a distance in metres; none was found. The border-checks arrangement says the second-line checks area is a shared working space built to a design attached to the arrangement, but that design is a drawing and is not in the readable text. The treaty gives each side reciprocal rights of continued surveillance and pursuit but states no distance. The held text therefore neither bears out nor contradicts the five-metre description.
Grade: Untested. The words describe a reciprocal arrangement in which a Spanish official may go five metres into Gibraltar if a Gibraltar official may go five metres into La Línea. The UK-EU Agreement in respect of Gibraltar, the seven administrative arrangements between the UK, for Gibraltar, and Spain (Arrangements to ), the Treaty on Gibraltar and the European Union Act 2026 and the regulations were searched for a distance in metres; none was found. The border-checks arrangement says the Second Line Checks Area is a shared working space built to a design in its Annex A, but that design is a drawing and is not in the readable text. Articles 55 and 56 give each side reciprocal rights of continued surveillance and pursuit but state no distance. The held text therefore neither bears out nor contradicts the five-metre description.
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.
What would settle it: Where may Spanish officials work on the Gibraltar side, and Gibraltar officials on the Spanish side, and over what distance, according to the design of the second-line checks area attached to the border-checks arrangement, or any operational understanding between the law enforcement agencies that the arrangement provides for? (Question 2.87 in Questions about the treaty, Part 2.)
What would settle it: Where may Spanish officials work on the Gibraltar side, and Gibraltar officials on the Spanish side, and over what distance, according to Annex A of the border-checks arrangement or any understanding under its paragraph 1.1? (Question 2.87 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 9 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "If they are residents, that residence gives them access to Schengen. They do not need to get access from the Schengen state there."
Checked against: "All passengers entering Gibraltar from Gibraltar port or airport shall be subject to border checks at the border crossing points referred to in paragraph 1." (Agreement, Article 29(2)); "Border checks on entry shall be carried out by the competent authorities of the United Kingdom, in respect of Gibraltar, and subsequently by the competent authorities of the Kingdom of Spain." (Agreement, Article 29(5)); "Persons resident in Gibraltar shall be exempt from the requirements of the Entry/Exit System." (Agreement, Article 42(1))
Grade: Shaded. The words say that residents of Gibraltar need no entry decision from the Schengen state. The text gives residents real advantages: they are exempt from the Entry/Exit System and from the travel authorisation, they are not checked for one of the entry conditions of the Schengen Borders Code on entering Gibraltar, and they may not be prevented from crossing to enter Gibraltar. But the treaty puts all passengers entering from the port or airport through border checks by the UK's authorities for Gibraltar and then by Spain's authorities, with no exception for residents. Residents may also stay in the Schengen countries without a visa for only 90 days in any 180. The words read as if residents bypass Spain's check; the text keeps the check and removes some of its content.
Grade: Shaded. The words say that residents of Gibraltar need no entry decision from the Schengen state. The text gives residents real advantages: they are exempt from the Entry/Exit System and from the travel authorisation (Article 42), they are not checked for the entry condition in Article 6(1)(c) of the Schengen Borders Code on entering Gibraltar (Article 43(1)), and they may not be prevented from crossing to enter Gibraltar (Article 43(2)). But Article 29(2) and (5) put all passengers entering from the port or airport through border checks by the UK's authorities for Gibraltar and then by Spain's authorities, with no exception for residents. Residents may also stay in the Schengen states without a visa for only 90 days in any 180 (Article 41(1)). The words read as if residents bypass Spain's check; the text keeps the check and removes some of its content.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 12 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "the treaty requires us to give access to the Gibraltar labour market for EU nationals that are legally in Spain"
Checked against: "Persons referred to in point (a) of Article 291(1) shall have a right to take up and pursue an activity as an employed frontier worker in Gibraltar in accordance with the rules applicable to United Kingdom nationals in Gibraltar." (Agreement, Article 292(1)); "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." (Agreement, Article 291(2)); "may be refused the right to take up employment in the public service" (Agreement, Article 292(6))
Grade: Incomplete. The treaty does give a right to take up and pursue work as an employed frontier worker in Gibraltar, so the statement matches the provision as far as it goes. It leaves out what the text attaches. The right belongs to EU citizens legally resident in Spain, not to every EU national who is in Spain. It is held under the rules that apply to UK nationals in Gibraltar, so it is no wider than the rights those nationals have. A frontier worker is a person who returns to Spain at least once a week. Public service posts that involve public powers may be refused, and the treaty allows the rights to be restricted on grounds of public policy, public security or public health. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 292(1) does give a right to take up and pursue employed frontier work in Gibraltar, so the statement matches the provision as far as it goes. It leaves out what the text attaches. The right belongs to EU citizens legally residing in Spain (Article 291(1)(a)), not to every EU national who is in Spain. It is held 'in accordance with the rules applicable to United Kingdom nationals in Gibraltar', so it is no wider than the rights those nationals have. A frontier worker is a person who returns to Spain at least once a week (Article 291(2)). Posts in the public service that involve public powers may be refused (Article 292(6)), and Article 297 allows the rights to be restricted on public policy, public security or public health grounds. The provisions read are Articles 291, 292 and 297.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 3 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "The treaty does not restore the right to provide gambling services directly to the EU"
Checked against: "TITLE II – ARRANGEMENTS ON CUSTOMS, INDIRECT TAXATION AND TRADE RELATED ISSUES" (Agreement, Part Three, contents list (Title II)); "that Gibraltar is not included in the territorial scope of the Trade and Cooperation" (Agreement, Preamble, recital 3)
Grade: Untested. No provision in the texts read deals with providing gambling services directly into the EU, so the texts read neither confirm nor contradict the statement. The texts read contain no provision on this subject to cite.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 3 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "the position of VAT for gambling support services remains intact"
Checked against: "Goods produced in or imported into Gibraltar shall be liable to a transaction tax." (Agreement, Article 248(2)); "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" (Agreement, Article 247(1)); "Union legislation concerning VAT, excise, and administrative cooperation and recovery assistance." (Agreement, Annex 20, paragraph 1(i))
Grade: Incomplete. Gibraltar has no VAT, and the treaty's indirect-tax rules concern a transaction tax and excise duty on goods; nothing in them applies VAT to services. So the statement is right for the treaty as it stands. It leaves out the route by which EU VAT law could apply: the treaty applies that law to Gibraltar if the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) adopts a decision, which the treaty says is taken by mutual consent. The statement's further words that this was 'a key red line in the treaty negotiations' concern the negotiation and are not graded.
Grade: Incomplete. Gibraltar has no VAT, and the indirect-tax rules of the UK-EU Agreement in respect of Gibraltar (Article 248 and Annex 24) concern a transaction tax and excise duty on goods; nothing in them applies VAT to services. So the statement is right for the treaty as it stands. It leaves out the route by which EU VAT legislation could apply: Article 247(1) and Annex 20, paragraph 1(i), apply that legislation to Gibraltar if the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) adopts a decision, which Article 24(2) says is taken by mutual consent. The statement's further words that this was 'a key red line in the treaty negotiations' concern the negotiation and are not graded.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 3 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "Without the treaty, the EU's entry-exit system will apply in full at our large border, including biometric capture, such as facial scans and fingerprints, for non-EU nationals. The treaty avoids this for Gibraltar residents."
Checked against: "Persons resident in Gibraltar shall be exempt from the requirements of the Entry/Exit System." (Agreement, Article 42(1)); "persons may circulate between Gibraltar and the Member States applying the Schengen acquis in full without border checks being carried out" (Agreement, Article 30(1))
Grade: Incomplete. The treaty exempts people resident in Gibraltar from the requirements of the EU's Entry/Exit System. The statement says 'Gibraltar residents' and leaves out that, under the treaty, people resident in Gibraltar does not include EU citizens or nationals of Iceland, Liechtenstein, Norway and Switzerland, nor nationals of Andorra and San Marino once their free movement agreements enter into force.
Grade: Incomplete. Article 42(1) exempts 'persons resident in Gibraltar' from the requirements of the Entry/Exit System. The statement says 'Gibraltar residents' and leaves out that under Article 26(j) 'persons resident in Gibraltar' excludes EU citizens and nationals of Iceland, Liechtenstein, Norway and Switzerland, and nationals of Andorra and San Marino once their free movement agreements enter into force. The provisions read are Articles 26(j) and 42(1).
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 4 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "Gibraltar will continue implementing recognised principles of good governance in taxation that includes adherence to global standards on tax transparency, exchange of information and fair tax competition."
Checked against: "The Parties recognise and commit to implementing the principles of good governance in the area of taxation, in particular the global standards on tax transparency and exchange of information and fair tax competition." (Agreement, Article 211)
Grade: Verified. The treaty says the EU and the UK, for Gibraltar, recognise and commit to putting into effect the principles of good governance in taxation, in particular the global standards on tax transparency and exchange of information and fair tax competition. The statement says the same of Gibraltar. The next clause adds that neither side will weaken its laws as they stood on 31 December 2020 below agreed OECD standards on exchange of information and on certain tax rules; the statement does not claim more or less than the good-governance commitment. That commitment contains no exception.
Grade: Verified. Article 211 says the Parties 'recognise and commit to implementing the principles of good governance in the area of taxation, in particular the global standards on tax transparency and exchange of information and fair tax competition'. The statement says the same of Gibraltar. Article 212 adds that neither Party will weaken its legislation as at 31 December 2020 below agreed OECD standards on exchange of information and on certain tax rules; the statement does not claim more or less than the Article 211 commitment. Article 211 contains no exception.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, afternoon session, page 5 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "nothing in this Treaty alters sovereignty. This is supported by legal opinions from eminent lawyers. Nothing changes our constitutional status."
Checked against: "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction" (Agreement, Article 2); "The implementation of the Agreement will fully respect the constitutional arrangements in place in respect of Gibraltar and in particular the Gibraltar Constitution Order 2006" (Concordat, section 'The Agreement')
Grade: Incomplete. The treaty says that it, and what is done under it, do not affect the legal positions of the UK and Spain on sovereignty and jurisdiction, which supports the first sentence. The UK-Gibraltar Concordat on putting the treaty into effect says that putting it into effect will fully respect the constitutional arrangements in place, in particular Gibraltar's 2006 Constitution. The second claim, 'nothing changes our constitutional status', goes further than either text. The treaty does not itself say that Gibraltar's constitutional status is unchanged. It says the treaty does not affect the legal positions of the UK and Spain on sovereignty and jurisdiction, and the Concordat is an undertaking about how putting the treaty into effect will proceed. The treaty also gives bodies of its own (for example the Cooperation Council, the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) powers over Gibraltar's obligations. The reference to legal opinions is a reference to documents laid in the House that are not treaty text.
Grade: Incomplete. Article 2 says the UK-EU Agreement in respect of Gibraltar and what is done under it do not affect the legal positions of the UK and Spain on sovereignty and jurisdiction, which supports the first sentence. The UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar says implementation 'will fully respect' the constitutional arrangements in place, in particular the Constitution Order 2006. The second claim, 'nothing changes our constitutional status', goes further than either text. The treaty does not itself say that Gibraltar's constitutional status is unchanged. It says the treaty does not affect the legal positions of the UK and Spain on sovereignty and jurisdiction, and the Concordat is an undertaking about how implementation will proceed. The treaty also gives institutions of its own (for example the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it)) powers over Gibraltar's obligations. The reference to legal opinions is a reference to documents laid in the House that are not treaty text.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 7 (Treaty Bill, second reading)
The words: "nothing in this Bill, nor in the Treaty it implements, alters or diminishes Gibraltar’s sovereignty.... There is no jurisdiction given over Gibraltar."
Checked against: "This Agreement, any supplementing agreements as referred to in Article 4, any administrative arrangements or other arrangements related to this Agreement, and any measures or instruments or conduct taken in application or as a result thereof, or pursuant thereto, shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction, and shall not constitute the basis for any assertion or denial of sovereignty, including in legal proceedings or otherwise." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 2); "the competent authorities of the Kingdom of Spain shall perform any functions which are required to exercise border control, comprising border checks and border surveillance, as set out in the Schengen Borders Code and related tasks under Union law." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(1)); "in accordance with the principles set out in— (i) Article 2 (sovereignty and jurisdiction);" (Treaty on Gibraltar and the European Union Act 2026, section 4(b)(i))
Grade: Shaded. The treaty provides that it and anything done under it do not prejudice and do not otherwise affect the legal positions of the UK and of Spain on sovereignty and jurisdiction, and Gibraltar's 2026 Act that brings the treaty into Gibraltar law requires the Act to be applied in line with that clause. That bears out the statement that the treaty does not change the legal position on sovereignty. The first sentence names Gibraltar's sovereignty; the treaty protects the legal positions of both the UK and Spain in the same words and does not say who holds sovereignty, so the words read wider than the text. The sentence 'There is no jurisdiction given over Gibraltar' also leaves out that the treaty gives the Spanish authorities functions in Gibraltar, including the right to arrest, search and detain in the course of border control, and allows Spanish officers to continue surveillance and pursuit in Gibraltar. The treaty says those functions do not prejudice the legal positions on jurisdiction; it does not say that no functions are given.
Grade: Shaded. Article 2 provides that the UK-EU Agreement in respect of Gibraltar and anything done under it is without prejudice to, and does not otherwise affect, the legal positions of the UK and of Spain on sovereignty and jurisdiction, and section 4 of the Treaty on Gibraltar and the European Union Act 2026 requires the Act to be applied in accordance with Article 2. That bears out the statement that the treaty does not change the legal position on sovereignty. The first sentence names Gibraltar's sovereignty; Article 2 protects the legal positions of both the UK and Spain in the same words and does not say who holds sovereignty, so the words read wider than the text. The sentence 'There is no jurisdiction given over Gibraltar' also leaves out that Article 33 gives the Spanish authorities functions in Gibraltar, including the right to arrest, search and detain in the course of border control, and that Articles 55 and 56 allow Spanish officers to continue surveillance and pursuit in Gibraltar. Article 2 says those functions are without prejudice to the legal positions on jurisdiction; it does not say that no functions are given. The provisions read are Articles 2, 29 to 35 and 55 to 58 and section 4 of the Act.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 7 (Treaty Bill, second reading)
The words: "All operations which are provided for are, moreover, strictly governed by administrative arrangements approved by Gibraltar and are in line with identical police cooperation in the Schengen Acquis, which applies between all Member States of Schengen."
Checked against: "in line with the relevant Schengen acquis, in Gibraltar or the Kingdom of Spain, respectively." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 55(1)); "Signed at Madrid on 25th June 2026." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, signature clause); "The UK will, other than in the most exceptional circumstances, seek prior agreement of the Government of Gibraltar before taking any significant actions under the Agreement at the Party level in areas of the Gibraltar Government’s responsibilities under the Constitution. Such significant actions include in particular: (a) any amendments to be made to the Agreement; (b) entering into, amending or terminating any supplementing agreements referred to in Article 4 of the Agreement; (c) entering into, amending or terminating any of the Administrative" (Concordat concerning the implementation of the UK-EU Agreement in respect of Gibraltar, signed 14 July 2026, section 'Significant Actions')
Grade: Incomplete. The treaty says surveillance and pursuit are in line with the relevant Schengen rules, and that administrative arrangements set the practical details; the administrative arrangements on how Schengen border checks and border surveillance will be conducted, and on continued surveillance and uninterrupted pursuit, do so. That bears out that these operations are governed by administrative arrangements. The text says in line with the Schengen rules, not 'identical'; the arrangement on continued surveillance and uninterrupted pursuit has its own conditions (for example a part on declarations of procedure, and the ban on using weapons except in legitimate self-defence). The Schengen Convention is held. It differs from the treaty and the arrangement in these respects: it allows pursuit without prior authorisation only where urgency prevents notice in advance or the other side cannot reach the scene in time; it says in terms that the pursuit ends as soon as the Party in whose territory it is taking place so requests; it says pursuit is solely over land borders; it allows the declaration to set an area or period; and it requires a person who is not a national of the host Party, once arrested by the local authorities, to be released no later than six hours after the arrest was made, not including the hours between midnight and 9.00 a.m., unless a request for that person's provisional arrest for the purposes of extradition has previously been received (a different rule from the five-hour limit on surveillance). The arrangement does contemplate a request to cease (detention applies only if no request to cease the uninterrupted pursuit is made), but it has no sentence that the pursuit ceases on request (Gibraltar's 2026 regulations on uninterrupted pursuit have it cease when the local authorities take over); it has nothing on land borders, an area or period, or the six-hour limit. The treaty says in line with, not identical. The words 'approved by Gibraltar' are not shown on the face of the arrangements: they are made between the UK, for Gibraltar, and Spain and signed for the UK by the Ambassador to Spain. The UK-Gibraltar Concordat on putting the treaty into effect provides that the UK will, other than in the most exceptional circumstances, seek the prior agreement of the Government of Gibraltar before entering into administrative arrangements.
Grade: Incomplete. Articles 55 and 56 say surveillance and pursuit are 'in line with the relevant Schengen acquis', and Articles 55(2) and 56(2) provide that administrative arrangements set the practical modalities; Arrangements and (the administrative arrangements on how Schengen border checks and border surveillance will be conducted, and on continued surveillance and uninterrupted pursuit) do so. That bears out that these operations are governed by administrative arrangements. The text says 'in line with' the Schengen rules, not 'identical'; Arrangement (the administrative arrangement on continued surveillance and uninterrupted pursuit) includes its own conditions (for example Part 6 on declarations of procedure and the prohibition on use of weapons except in legitimate self-defence). The Schengen Convention is held. Its Article 41 differs from Article 56 and Arrangement in these respects: it allows pursuit without prior authorisation only where urgency prevents notice in advance or the other side cannot reach the scene in time (41(1)); it says in terms that “The hot pursuit will cease as soon as the Contracting Party in whose territory the pursuit is taking place so requests” (41(1)); it says “Pursuit shall be solely over land borders.” (41(5)(b)); it allows the declaration to set an area or period (41(3)); and it requires a person who is not a national of the host Party, once arrested by the local authorities, to be released “no later than six hours after the arrest was made, not including the hours between midnight and 9.00 a.m., unless the competent local authorities have previously received a request for that person's provisional arrest for the purposes of extradition” (41(6)) (a different rule from the five-hour limit on surveillance). Arrangement does contemplate a request to cease (6.1(b): detention applies only “If no request to cease the uninterrupted pursuit is made”), but it has no sentence that the pursuit ceases on request (Gibraltar's 2026 regulations on uninterrupted pursuit have it cease when the local authorities take over); it has nothing on land borders, an area or period, or the six-hour limit. The treaty says “in line with”, not “identical”. The words 'approved by Gibraltar' are not shown on the face of the arrangements: they are made between the UK, for Gibraltar, and Spain and signed for the UK by the Ambassador to Spain. The UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar provides that the UK will, other than in the most exceptional circumstances, seek the prior agreement of the Government of Gibraltar before entering into administrative arrangements.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, pages 7, 8 (Treaty Bill, second reading)
The words: "Indeed, the Bill provides for the removal of all physical... barriers at the land Frontier.... The removal of those immigration checks at the land border is the central effect of this Bill."
Checked against: "The Government shall exercise powers under Part 3 of this Act (including pre-implementation powers under section 23) for the purpose of ensuring that all physical barriers related to the circulation of persons between the European Union and Gibraltar are removed in accordance with Articles 7 and 28." (Treaty on Gibraltar and the European Union Act 2026, section 29(2)); "Persons have the right to circulate between Gibraltar and the Members States applying the Schengen acquis in full without border checks being carried out, irrespective of their nationality, in accordance with and subject to the provisions of Article 30." (Treaty on Gibraltar and the European Union Act 2026, section 31(2))
Grade: Incomplete. Gibraltar's 2026 Act that brings the treaty into Gibraltar law gives a right to move without border checks, in line with and subject to the treaty's rules on this, and the treaty provides for removing physical barriers to the movement of people, so the statement is borne out on the removal of barriers and immigration checks at the land border. It leaves out two things. The Act says the Government may at any time make arrangements to bring back border controls to deal with threats to public policy, public health or internal security, in line with the treaty. Under the treaty this may be done where there is a serious threat to public policy, public health or internal security, in exceptional cases, for a limited period of up to 10 days, which may be extended by 20 days and then by further periods of one month up to six months in all, and only as a last resort. And under the treaty the barriers are removed in line with the implementation plan in the relevant administrative arrangement. The provisions read are listed in the texts.
Grade: Incomplete. Section 31(2) of the Treaty on Gibraltar and the European Union Act 2026 gives a right to circulate without border checks being carried out, 'in accordance with and subject to the provisions of Article 30', and Article 28 provides for the removal of physical barriers to the circulation of persons, so the statement is borne out on the removal of barriers and immigration checks at the land border. It leaves out two things. Section 31(3) says the Government 'may at any time make arrangements for the reinstatement of border controls' to address threats to public policy, public health or internal security, in accordance with Article 30(2) to (4); under Article 30(2) this may be done 'where there is a serious threat to the public policy, public health or internal security', exceptionally, 'for a limited period of up to 10 days', which may be prolonged by a period of 20 days and by subsequent periods of one month until a maximum of six months, and 'as a last resort'. And under Article 7 the barriers are removed 'in accordance with the implementation plan contained in the relevant administrative arrangement'. The provisions read are sections 29(2), 31(2) and 31(3) of the Act and Articles 7, 28 and 30(2).
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 8 (Treaty Bill, second reading)
The words: "In fact, the Bill mandates annual implementation reports to Parliament. Additionally, the Bill will require the laying in this House also of some secondary legislation done in pursuance of its objectives."
Checked against: "A Treaty Implementation Report shall be produced— (a) at such times as appear appropriate to the Chief Minister, but (b) not less than once in each calendar year after the date on which provisional application of the TGEU shall have commenced." (Treaty on Gibraltar and the European Union Act 2026, section 21(2)); "Implementation Regulations (including any regulations made partly in reliance on this section and partly in reliance on other enabling powers) shall be laid before Parliament as soon as practicable after being made." (Treaty on Gibraltar and the European Union Act 2026, section 13(4))
Grade: Incomplete. Gibraltar's 2026 Act that brings the treaty into Gibraltar law requires the Chief Minister to publish and lay Treaty Implementation Reports at least once in each calendar year after provisional application of the treaty has begun. It also requires Implementation Regulations to be laid before Parliament as soon as practicable after they are made. Those two points are borne out. What the statement leaves out is that the reports begin only after provisional application starts, and that Implementation Regulations may take effect before they are laid where urgency makes it necessary. The statement speaks of 'some' secondary legislation; the parts of the Act that allow notices contain no requirement to lay them. The provisions read are listed in the texts.
Grade: Incomplete. Section 21 requires the Chief Minister to publish and lay Treaty Implementation Reports 'not less than once in each calendar year after the date on which provisional application of the TGEU shall have commenced'. Section 13(4) requires Implementation Regulations to be laid before Parliament 'as soon as practicable after being made'. Those two points are borne out. What the statement leaves out is that the reports begin only after provisional application starts, and that under section 13(5) Implementation Regulations may take effect before they are laid 'where necessary by reason of urgency'. The statement says 'some' secondary legislation; the sections allowing notices (sections 23(5) and 25(2)) contain no laying requirement. The provisions read are sections 8 to 26.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 10 (Treaty Bill, second reading)
The words: "the creation and operation of border crossing points at the airport and port — the latter of which, as I have said, we hope never to be needed — the sequencing of Gibraltar’s checks first on entry and Schengen checks only after, and the reverse on exit"
Checked against: "the Government shall enter into arrangements for the establishment of the border crossing points at Gibraltar port and airport in accordance with Article 29." (Treaty on Gibraltar and the European Union Act 2026, section 30(2)); "Border checks on exit shall be carried out by the Schengen authorities and subsequently by or on behalf of the Principal Immigration Officer." (Treaty on Gibraltar and the European Union Act 2026, section 30(6))
Grade: Incomplete. Gibraltar's 2026 Act that brings the treaty into Gibraltar law provides for border crossing points at Gibraltar port and airport in line with the treaty, and the treaty has the UK, for Gibraltar, and Spain set them up. The Act and the treaty bear out the order of checks: on entry, checks by or for Gibraltar's Principal Immigration Officer and then by the Schengen authorities, and the reverse on exit. The statement leaves out what the treaty, to which the Act's provision is made subject, attaches to carrying out checks at the airport instead of at the port: this is possible only if the volume of traffic through the port allows an efficient, high and uniform level of control at the airport crossing point, and passengers and crew arriving at the port must then be escorted to the airport. The provisions read are listed in the texts.
Grade: Incomplete. Section 30(2) of the Treaty on Gibraltar and the European Union Act 2026 provides for the establishment of border crossing points at Gibraltar port and airport in accordance with Article 29, and Article 29(1) has the UK, for Gibraltar, and the Kingdom of Spain set them up. Sections 30(5) and (6) of the Act and Article 29(5) bear out the order of checks: on entry, checks by or on behalf of the Principal Immigration Officer and then by the Schengen authorities, and the reverse on exit. The statement leaves out what Article 29(3), to which section 30(2) is made subject, attaches to carrying out checks at the airport instead of the port: this is possible only if the volume of traffic flows through the port allows 'for an efficient, high and uniform level of control at the airport border crossing point', and passengers and crew arriving at the port must then be escorted to the airport. The provisions read are sections 30(2), 30(5) and 30(6) of the Act and Articles 29(1), 29(3) and 29(5).
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 10 (Treaty Bill, second reading)
The words: "The Treaty explicitly provides for the removal of immigration checks on Gibraltarians at the land border and confirms our right to travel between the EU Member States. Naturally, Madam Speaker, this is still subject to the 90-day rule, which will also apply in Gibraltar to EU citizens."
Checked against: "Citizens of the Union, their third-country family members who hold a residence card under Directive 2004/38/EC, and third-country nationals legally residing in the Member States applying the Schengen acquis in full may enter and stay in Gibraltar without a visa for a maximum period of 90 days in any 180-day period." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 41(1), first subparagraph); "Persons resident in Gibraltar may enter and stay, without a visa for a maximum period of 90 days in any 180-day period, in the territory of Member States applying the Schengen acquis in full." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 41(1), second subparagraph)
Grade: Incomplete. The treaty provides for people to move between Gibraltar and the Schengen countries without border checks, and it applies the limit of 90 days in any 180 both to people resident in Gibraltar (in the Schengen countries) and to EU citizens and legally resident third-country nationals (in Gibraltar). The statement leaves out that border control may be brought back for a limited period where there is a serious threat, and that an EU country may require a visa from residents of Gibraltar who travel for paid activity. The statement is also about 'Gibraltarians'; the treaty speaks of people resident in Gibraltar.
Grade: Incomplete. Article 30(1) provides for circulation between Gibraltar and the Schengen States without border checks, and Article 41(1) applies the 90 days in any 180 limit both to persons resident in Gibraltar (in the Schengen States) and to citizens of the EU and legally resident third-country nationals (in Gibraltar). The statement leaves out that Article 30(2) allows border control to be reinstated for a limited period in cases of serious threat, and that Article 41(2) allows an EU country to require a visa for residents of Gibraltar who travel for paid activity. The statement is also about 'Gibraltarians'; the UK-EU Agreement in respect of Gibraltar speaks of 'persons resident in Gibraltar'.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 10 (Treaty Bill, second reading)
The words: "Because we have been clear, Madam Speaker, that the Treaty does not provide for the freedom of establishment."
Checked against: "A legal right to reside in Gibraltar shall be proven on the basis of a person holding a valid identity card or residence permit issued in Gibraltar by the competent authorities of the United Kingdom, in respect of Gibraltar, and subject to the conditions set out in this Article." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 45(1))
Grade: Under review. The signed treaty was searched for the terms freedom of establishment and right of establishment; neither is there. The treaty gives rights to enter and stay for up to 90 days, rights to take up work as a frontier worker, and leaves residence in Gibraltar to be proven by an identity card or residence permit issued in Gibraltar on conditions set under Gibraltar law within the limits the treaty sets. Nothing in the provisions read gives a right to settle in the other territory. The provisions read are the two groups of treaty clauses that hold these rights. The statement does not claim that residence is impossible, only that the treaty does not provide for freedom of establishment, which matches the text; no condition, exception or limit in them is left out of the statement.
Grade: Under review. The signed UK-EU Agreement in respect of Gibraltar was searched for 'freedom of establishment' and 'right of establishment'; neither is there. The treaty gives rights to enter and stay for up to 90 days (Article 41), rights to take up work as a frontier worker (Article 292), and leaves residence in Gibraltar to be proven by an identity card or residence permit issued in Gibraltar on conditions set under Gibraltar law within the limits of Article 45. Nothing in the provisions read gives a right to settle in the other territory. The provisions read are Articles 40 to 52 and 291 to 298. The statement does not claim that residence is impossible, only that the Treaty (the UK-EU Agreement in respect of Gibraltar) does not provide for freedom of establishment, which matches the text; no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 10 (Treaty Bill, second reading)
The words: "future residence permits in respect of which we retain our rights to determine conditions"
Checked against: "The United Kingdom, in respect of Gibraltar, shall ensure that any identity card or residence permit issued in Gibraltar is issued only to a person who meets the conditions for entitlement to such identity card or residence permit set out in the legislation in force on the date of entry into force of this Agreement." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 45(2)); "Such changes shall not, in any event, make it possible for a person to be able to obtain:" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 45(4))
Grade: Incomplete. Gibraltar keeps the power to set the conditions for identity cards and residence permits, but within limits. Under the treaty, permits are issued only to people who meet the conditions in the law in force when the treaty starts. The UK, for Gibraltar, must inform the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) of proposed changes, and changes may not allow a card on prior residence without 10 years' continuous residence, or a residence permit without a genuine connection with Gibraltar. The treaty bars conditions based on investments or payments fixed in advance, and gives Spain the power to object to the issue or renewal of a permit. The statement does not mention these limits. The texts read are the treaty's rules on identity cards and residence permits and the matching part of Gibraltar's 2026 Act that brings the treaty into Gibraltar law.
Grade: Incomplete. Gibraltar keeps the power to set the conditions for identity cards and residence permits, but within limits. Under Article 45(2) permits are issued only to persons who meet the conditions in the legislation in force when the UK-EU Agreement in respect of Gibraltar starts. Under Article 45(4) the UK, for Gibraltar, must inform the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) of proposed changes, and changes may not allow a card on prior residence without 10 years' continuous residence, or a residence permit without a genuine connection with Gibraltar. Article 45(6) bars conditions based on predetermined investments or payments, and Article 50 gives Spain the power to object to the issue or renewal of a permit. The statement does not mention these limits. The provisions read are Articles 45 to 52 and section 43 of the Treaty on Gibraltar and the European Union Act 2026.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 11 (Treaty Bill, second reading)
The words: "Part 6 establishes the Customs Union between Gibraltar and the European Union. As I said when I was explaining outside this House what the Treaty does, that is not the application of the EU Customs Union in Gibraltar. That is — a little bit more complex than that — the creation of the Customs Union between the Customs Union of the European Union and Gibraltar. It removes tariffs and quantitative restrictions and sets up the regime for movement of goods.... the abolition of import duties"
Checked against: "No customs duties on imports or exports or charges having equivalent effect shall be applied between the Union and Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 243); "Quantitative restrictions on imports or exports and all measures having equivalent effect shall be prohibited between the Union and Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 244); "import duty under the Imports and Exports Act, 1986 and any accompanying subsidiary legislation shall not be charged, levied and collected upon." (Treaty on Gibraltar and the European Union Act 2026, Schedule 1, paragraph 13); "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:" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 247(1))
Grade: Incomplete. The treaty sets up a customs union between the EU and the UK, for Gibraltar, and bans customs duties, charges with the same effect and limits on quantities between the EU and Gibraltar. Gibraltar's 2026 Act that brings the treaty into Gibraltar law provides that import duty under Gibraltar's Imports and Exports Act 1986 is not to be charged, levied and collected. Those points are borne out. The statement describes the customs union as 'not the application of the EU Customs Union in Gibraltar'. What it leaves out is that the treaty provides for a list of EU laws, including the Union Customs Code, to apply to Gibraltar if the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) adopts a decision that sets the date and declares that border control posts and customs offices have been set up in the port and airport and operate and are controlled under the arrangements and procedures set out in that decision, and that competent authorities within the EU have been designated; and that duties on goods from outside the customs union are still collected under the treaty's rules on them. The treaty's ban on customs duties covers only duties between the EU and Gibraltar. The texts read are the treaty's customs union chapter, the annexes that go with it and the schedule to the Act.
Grade: Incomplete. Articles 240 to 244 establish a customs union between the EU and the UK, for Gibraltar, prohibit customs duties and charges of equivalent effect, and prohibit quantitative restrictions, 'between the Union and Gibraltar'. Paragraph 13 of Schedule 1 to the Treaty on Gibraltar and the European Union Act 2026 provides that import duty under the Imports and Exports Act 1986 'shall not be charged, levied and collected'. Those points are borne out. The statement describes the customs union as 'not the application of the EU Customs Union in Gibraltar'. What it leaves out is that Article 247(1) provides for the EU law in Annex 20, including the Union Customs Code, to apply to Gibraltar if the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) adopts a decision that sets the date and declares that border control posts and customs offices have been set up in the port and airport and operate and are controlled under the arrangements and procedures set out in that decision, and that competent authorities within the EU have been designated; and that duties on goods from outside the customs union are still collected under Annex 21 (Article 246(2)). The prohibition of customs duties in Article 243 is limited to duties between the EU and Gibraltar. The provisions read are Articles 240 to 252, Annexes 19 to 24 and Schedule 1 of the Act.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 11 (Treaty Bill, second reading)
The words: "Crucially, it maintains Gibraltar’s status as entirely VAT-free, as I stressed on 26th February. There is to be no sales tax in Gibraltar, Madam Speaker. The transaction tax will be levied on the declared import value by a trader of the goods in question."
Checked against: "Goods produced in or imported into Gibraltar shall be liable to a transaction tax." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 248(2)); "Union legislation concerning VAT, excise, and administrative cooperation and recovery assistance." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 20, paragraph 1(i)); "The person who declares the goods or on whose behalf they are declared for entry into Gibraltar" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 3(1))
Grade: Incomplete. The treaty makes goods liable to a transaction tax and, for goods under harmonised excise, to excise duty, and its annex on these taxes does not provide for a sales tax or VAT. That bears out the statement for the period before the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) decision bringing the EU law listed in another annex into force for Gibraltar takes effect. What the statement leaves out is that, from the date that decision sets, the EU law in that other annex applies, and it lists EU law on VAT and excise. The tax is also charged on the person who declares the goods for entry, and on goods produced in Gibraltar, not only on 'a trader of the goods in question'. The 'entirely VAT-free' status is therefore a feature of the first period, not a permanent term of the text. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 248(2) and (3) make goods liable to a transaction tax and, for harmonised excise goods, to excise duty, and Annex 24 does not provide for a sales tax or VAT. That bears out the statement for the period before the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) decision under Article 247(1). What the statement leaves out is that, once that decision is adopted, the EU law in Annex 20 applies, and Annex 20, paragraph 1(i), lists EU legislation concerning VAT and excise. The tax is also charged on the person who declares the goods for entry, and on goods produced in Gibraltar, not only on 'a trader of the goods in question' (Annex 24, Articles 1 and 3). The 'entirely VAT-free' status is therefore a feature of the first period, not a permanent term of the text. The provisions read are Articles 247 to 249 and Annexes 20 and 24.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 11 (Treaty Bill, second reading)
The words: "the Treaty will enable the resumption of EU–Gibraltar air routes without affecting RAF control or military use"
Checked against: "The air traffic management and air navigation services provided to civil air traffic at Gibraltar airport shall offer a level of safety and interoperability with civil operations and systems" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 273(1)); "Nothing in this Part shall be construed: (a) to require a Party to furnish or allow access to any information the disclosure of which it considers contrary to its essential security interests; or" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 288); "The UK Ministry of Defence will be consulted on the terms of establishment of the joint venture company for the purposes of ensuring defence equities are out of scope." (Concordat concerning the implementation of the UK-EU Agreement in respect of Gibraltar, signed 14 July 2026, section 'Responsibilities')
Grade: Incomplete. The text contains no express statement that the air routes do not affect RAF control or military use. The treaty's aviation chapter speaks of civil air traffic. The treaty allows each side to take action it considers necessary to protect its essential security interests. The UK-Gibraltar Concordat on carrying out the treaty says the Ministry of Defence is to be consulted on the terms of the joint venture company so as to make sure defence interests are out of scope, and that the UK remains responsible for Gibraltar's defence, airspace control and military installations. These provisions support the point in part. The statement leaves out that the protection comes from the civil-traffic wording, the security exceptions and the Concordat, and not from an express clause on the RAF. The provisions read are the treaty's aviation chapter, its security exceptions and the Concordat.
Grade: Incomplete. The text does not contain an express statement that the air routes do not affect RAF control or military use. The aviation Chapter speaks of 'civil air traffic' (Article 273(1) and (2)). Article 288 allows each Party to take action it considers necessary to protect its essential security interests. The UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar says the Ministry of Defence is to be consulted on the terms of the joint venture company 'for the purposes of ensuring defence equities are out of scope', and that the UK remains responsible for Gibraltar's defence, airspace control and military installations. These provisions support the point in part. The statement leaves out that the protection comes from the civil-traffic wording, the security exceptions and the Concordat, and not from an express clause on the RAF. The provisions read are Articles 271 to 275 and 288 and the Concordat.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 12 (Treaty Bill, second reading)
The words: "the Bill provides for social-security coordination but not aggregation."
Checked against: "Unless otherwise provided for in this Protocol, the competent institution of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain shall, to the extent necessary, take into account periods of insurance or employment or self-employment completed under the legislation of the Kingdom of Spain, or of the United Kingdom, in respect of Gibraltar, as the case may be, as though they were periods completed under the legislation which it applies" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Protocol on Social Security Coordination, Article SSC.7 (Aggregation of periods)); "(1) This section applies for the purposes of the implementation of Article 298 (Social Security Coordination) and the SSC Protocol. (2) The following provisions of the TGEU form part of domestic law on and after the Implementation Date- (a) the SSC Protocol;" (Treaty on Gibraltar and the European Union Act 2026, section 138(1) and (2)(a))
Grade: Under review. Gibraltar's 2026 Act that brings the treaty into Gibraltar law makes the Protocol on Social Security Coordination part of Gibraltar's own law. The Protocol contains rules on aggregation of periods (adding together periods of insurance or work in two places): where the law of Gibraltar or of Spain makes a right to benefits depend on periods of insurance, employment or self-employment, the responsible institution must take into account periods completed under the other side's law as though they had been completed under its own. Three further articles of the Protocol add special rules on aggregation of periods. Read in their ordinary sense, the words 'but not aggregation' are not what the text says. The record does not show whether the speaker meant a narrower thing, such as the aggregation of pension amounts or of residence periods for a particular Gibraltar pension, and the text read does not settle that narrower point. The statement is left under review until the meaning is known. The provisions read are the Protocol's general rules and its special rules on aggregation, and the Act's section bringing in the Protocol.
Grade: Under review. Section 138(2)(a) of the Treaty on Gibraltar and the European Union Act 2026 makes the Protocol on Social Security Coordination part of domestic law. The Protocol contains rules on aggregation (adding together periods of insurance or work in two places) of periods: Article SSC.7 (headed 'Aggregation of periods') requires the competent institution of Gibraltar or of Spain, where its law makes a right to benefits depend on periods of insurance, employment or self-employment, to take into account periods completed under the other side's legislation 'as though they were periods completed under the legislation which it applies'. Articles SSC.37, SSC.44 and SSC.54 add special provisions on aggregation of periods. Read in their ordinary sense, the words 'but not aggregation' are not what the text says. The record does not show whether the speaker meant a narrower thing, such as the aggregation of pension amounts or of residence periods for a particular Gibraltar pension, and the text read does not settle that narrower point. The statement is left under review until the meaning is known. The provisions read are Articles SSC.1 to SSC.15, SSC.37 to SSC.54 and section 138 of the Act.
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.
What would settle it: Which aggregation did the Chief Minister mean: the adding together of periods of insurance or work under Article SSC.7 of the Protocol, or a narrower one such as of pension amounts or of residence periods? (Question 2.88 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 12 (Treaty Bill, second reading)
The words: "It protects not just workers who work in Gibraltar, but also Gibraltarians and British residents of Gibraltar who work in Spain."
Checked against: "United Kingdom nationals legally residing in Gibraltar; and" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 291(1)(b)); "Persons referred to in point (b) of Article 291(1) shall have a right to take up and pursue an activity as an employed frontier worker in the Kingdom of Spain in accordance with the rules applicable to Spanish nationals in the Kingdom of Spain." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 292(2))
Grade: Incomplete. The treaty gives UK nationals legally resident in Gibraltar a right to take up and pursue work as an employed frontier worker in Spain, under the rules that apply to Spanish nationals in Spain. The statement leaves out two limits. The right is for employed frontier workers: people who work as employees in Spain and return to Gibraltar at least once a week; self-employed frontier workers are defined separately. And the treaty describes the people covered as UK nationals legally resident in Gibraltar, not as 'Gibraltarians and British residents of Gibraltar'. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 292(2) gives 'United Kingdom nationals legally residing in Gibraltar' (Article 291(1)(b)) a right to take up and pursue an activity as an employed frontier worker in the Kingdom of Spain, 'in accordance with the rules applicable to Spanish nationals in the Kingdom of Spain'. The statement leaves out two limits. The right is for employed frontier workers: persons who pursue an economic activity as an employed person in the Kingdom of Spain and return to Gibraltar at least once a week (Article 291(2)); self-employed frontier workers are defined separately in Article 291(3). And the persons covered are described in the text as 'United Kingdom nationals legally residing in Gibraltar', not as 'Gibraltarians and British residents of Gibraltar'. The provisions read are Articles 291(1)(b), 291(2), 291(3) and 292(2).
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 10 (Treaty Bill, second reading)
The words: "Title 5 of Part 2 of the Treaty which deals with cooperation with Europol, cooperation with Eurojust, Exchange of Criminal Records Information, Surrender, Mutual Assistance, and Freezing and Confiscation.... Title 6 on anti-money laundering and counter-terrorist financing measures as provided for in Annex 17 of the Treaty"
Checked against: "TITLE V – LAW ENFORCEMENT AND JUDICIAL COOPERATION CHAPTER 1 – OBJECTIVE AND SCOPE CHAPTER 2 – COOPERATION WITH EUROPOL CHAPTER 3 – COOPERATION WITH EUROJUST CHAPTER 4 – EXCHANGE OF CRIMINAL RECORD INFORMATION CHAPTER 5 – SURRENDER CHAPTER 6 – MUTUAL ASSISTANCE CHAPTER 7 – FREEZING AND CONFISCATION" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), table of contents); "LIST OF UNION ACTS IN THE AREA OF ANTI-MONEY LAUNDERING AND COUNTER-TERRORIST FINANCING AS REFERRED TO IN ARTICLE 198 OF THE AGREEMENT" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 17)
Grade: Verified. The treaty's table of contents lists, under one title, chapters on cooperation with Europol, cooperation with Eurojust, exchange of criminal record information, surrender, mutual assistance, and freezing and confiscation. The next title is headed anti-money laundering and counter-terrorist financing, and one of the treaty's annexes is the list of EU acts in that area that the treaty refers to. The statement matches. It describes the titles and does not claim anything about how they apply, so no condition is left out. The table of contents, the headings of the provisions across those titles and that annex were read.
Grade: Verified. The table of contents of the UK-EU Agreement in respect of Gibraltar lists, under Title V of Part Two, Chapters on cooperation with Europol, cooperation with Eurojust, exchange of criminal record information, surrender, mutual assistance, and freezing and confiscation. Title VI is headed 'Anti-money laundering and counter-terrorist financing', and Annex 17 is the list of EU acts in that area referred to in Article 198. The statement matches. It describes the Titles and does not claim anything about how they apply, so no condition is left out. The provisions read are the table of contents, the headings of Articles 70 to 198 and Annex 17.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 10 (Treaty Bill, second reading)
The words: "The provisions on tobacco in the Treaty will also require a number of implementation regulations to be made, in particular, to establish a track-and-trace system equivalent to that in the European Union."
Checked against: "set up a tobacco traceability system that is equivalent to the Union system and the relevant Union law;" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 258(a)); "The Government shall have the power to do anything necessary in order to apply a tobacco traceability system which is equivalent to the Union system" (Treaty on Gibraltar and the European Union Act 2026, section 122(1))
Grade: Verified. The treaty requires the UK, for Gibraltar, to set up a tobacco traceability system equivalent to the EU system and the relevant EU law, in line with the treaty's tobacco traceability protocol. The statement matches this. Gibraltar's 2026 Act that brings the treaty into Gibraltar law gives the Government the power to do anything necessary to apply a tobacco traceability system equivalent to the EU system. Whether implementation regulations will be needed is a point about how Gibraltar chooses to legislate, not about what the text requires, and is not graded. The provisions read are five clauses of the treaty, its tobacco protocol and four sections of the Act; no condition, exception or limit in them is left out of the statement.
Grade: Verified. Article 258(a) requires the UK, for Gibraltar, to set up 'a tobacco traceability system that is equivalent to the Union system and the relevant Union law', in accordance with the Protocol on tobacco traceability. The statement matches this. Section 122(1) of the Treaty on Gibraltar and the European Union Act 2026 gives the Government the power to do anything necessary to apply a tobacco traceability system equivalent to the EU system. Whether implementation regulations will be needed is a point about how Gibraltar chooses to legislate, not about what the text requires, and is not graded. The provisions read are Articles 255 to 259, the Protocol on tobacco and sections 121 to 124 of the Act; no condition, exception or limit in them is left out of the statement.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 11 (Treaty Bill, second reading)
The words: "creating the domestic framework for state aid control through an independent State Aid Authority.... all state-aid considerations will be subject to Gibraltar-based decisions being applicable."
Checked against: "Each Party shall establish or maintain an operationally independent authority or body with an appropriate role in its State aid control system." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 205(1)); "A Party may deliver to the other Party a written request for information and consultations regarding a State aid that it considers causes, or there is a serious risk that it will cause, a significant negative effect on trade in goods or investment between the Parties." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 209(1))
Grade: Incomplete. The treaty requires each side to set up or keep an operationally independent authority or body in its State aid control system, and it gives that body, and Gibraltar's courts, the decisions on State aid in Gibraltar. That bears out the first point. What the statement leaves out is that the other side can act: the treaty provides for requests for information and for consultations in the EU-UK treaty committee on economy and trade, and allows the side that made the request, after consultations, to take appropriate remedial measures on its own. The treaty also limits the remedies courts can give for aid granted by an Act of the Gibraltar Parliament. So the decisions are taken in Gibraltar, but they are not the last step. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 205(1) requires each Party to establish or maintain an operationally independent authority or body in its State aid control system, and Articles 205 and 206 give that body, and Gibraltar's courts, the decisions on State aid in Gibraltar. That bears out the first point. What the statement leaves out is that the other Party can act: Article 208 provides for requests for information and consultations in the EU-UK treaty committee on economy and trade, and Article 209 allows the requesting Party, after consultations, to take appropriate remedial measures unilaterally. Article 206(3) and Article 207(4) also limit courts' remedies for aid granted by an Act of the Gibraltar Parliament. So the decisions are taken in Gibraltar, but they are not the last step. The provisions read are Articles 199 to 209.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 9 (Treaty Bill, second reading)
The words: "requiring implementation in accordance with the Treaty’s core principles of sovereignty, good faith, respect for human rights, commitment to the rule of law, and the cooperative spirit"
Checked against: "Article 5 (good faith);" (Treaty on Gibraltar and the European Union Act 2026, section 4(b)(ii)); "Article 8 (democracy, rule of law and human rights);" (Treaty on Gibraltar and the European Union Act 2026, section 4(b)(iii))
Grade: Incomplete. Gibraltar's 2026 Act that brings the treaty into Gibraltar law says its purpose is to provide for carrying out the treaty in Gibraltar (a) in pursuit of the treaty's stated purpose (a mutually cooperative relationship), and (b) in line with the treaty's principles on sovereignty and jurisdiction, on good faith and on democracy, the rule of law and human rights, and a further group of principles, among them climate change, counter-terrorism and personal data protection. The treaty states its objective as setting up a mutually cooperative relationship between the two sides. The statement names sovereignty, good faith, human rights, the rule of law and 'the cooperative spirit'. It leaves out the other principles in the Act's list, and the cooperative relationship is the purpose in (a), not one of the principles listed in (b). The provisions read are listed in the texts.
Grade: Incomplete. Section 4 of the Treaty on Gibraltar and the European Union Act 2026 says its purpose is to make provision for the implementation of the TGEU in Gibraltar (a) in pursuance of the purpose set out in Article 1 (mutually cooperative relationship), and (b) in accordance with the principles set out in Article 2 (sovereignty and jurisdiction), Article 5 (good faith), Article 8 (democracy, rule of law and human rights) and Articles 9 to 15, among them climate change, counter-terrorism and personal data protection. Article 1 states the objective of the UK-EU Agreement in respect of Gibraltar as 'to establish a mutually cooperative relationship between the Parties'. The statement names sovereignty, good faith, human rights, the rule of law and 'the cooperative spirit'. It leaves out the other principles in section 4(b), and the cooperative relationship is the purpose in section 4(a), not one of the principles listed in section 4(b). The provisions read are section 4(a) and (b) of the Act and Articles 1, 2, 5, 8 and 9 to 15 of the treaty.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 9 (Treaty Bill, second reading)
The words: "Part 2 also sets out rules for handling sensitive information and for Gibraltar’s participation in joint reviews."
Checked against: "The provisions of this Act are subject to the restrictions in respect of confidential and classified information provided by Articles 331 and 332." (Treaty on Gibraltar and the European Union Act 2026, section 8(1)); "The Government shall have the power to do anything necessary to participate in the joint reviews of the operation of the TGEU." (Treaty on Gibraltar and the European Union Act 2026, section 9)
Grade: Under review. Gibraltar's 2026 Act that brings the treaty into Gibraltar law makes the Act subject to the treaty's restrictions on confidential and classified information, and gives the Government power to do anything necessary in handling instructions for protecting sensitive information. The Act also gives the Government power to do anything necessary to take part in joint reviews of how the treaty is working. The statement matches those two sections. The provisions read are five sections of the Act, including those two; no condition, exception or limit in them is left out of the statement.
Grade: Under review. Section 8 of the Treaty on Gibraltar and the European Union Act 2026 (Part 2) makes the Act subject to the restrictions on confidential and classified information in Articles 331 and 332 and gives the Government power to do anything necessary in handling instructions for the protection of sensitive information. Section 9 gives the Government power to do anything necessary to participate in joint reviews of the operation of the Treaty (the UK-EU Agreement in respect of Gibraltar). The statement matches those two sections. The provisions read are sections 5 to 9; no condition, exception or limit in them is left out of the statement.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 9 (Treaty Bill, second reading)
The words: "It gives legal effect to the Treaty. It gives legal effect to the required EU instrument where the Treaty mandates it, and it gives the Government the power to make implementation regulations in order to give further effect to the Treaty and to make consequential amendments to existing legislation."
Checked against: "On and after the Implementation Date, the Treaty on Gibraltar and the European Union shall have force of law in domestic law in accordance with the provisions of this Act." (Treaty on Gibraltar and the European Union Act 2026, section 10(1)); "The Government may by regulations ('Implementation Regulations') make any provision that appears to the Government to be necessary or expedient for an implementation purpose." (Treaty on Gibraltar and the European Union Act 2026, section 13(1)); "Schedule 1 makes amendments and modifications of specified enactments for the purposes of or in connection with the TGEU." (Treaty on Gibraltar and the European Union Act 2026, section 16)
Grade: Verified. Gibraltar's 2026 Act that brings the treaty into Gibraltar law gives the treaty the force of law in Gibraltar's domestic law, in line with the Act's own provisions; it gives legal effect to the EU law that applies under the treaty; it gives the Government power to make Implementation Regulations; and it makes consequential amendments. The statement matches these provisions. The Act allows such regulations only where they appear to the Government necessary or expedient for an implementation purpose, which the statement does not contradict. The Act's provisions on these points and its schedule of amendments were read; no condition, exception or limit in them is left out of the statement.
Grade: Verified. Section 10(1) gives the Treaty (the UK-EU Agreement in respect of Gibraltar) force of law in domestic law 'in accordance with the provisions of this Act', section 11 gives legal effect to the EU law that applies under Article 19, section 13(1) gives the Government power to make Implementation Regulations, and section 16 and Schedule 1 make consequential amendments. The statement matches these provisions. Section 13(1) limits the regulations to what 'appears to the Government to be necessary or expedient for an implementation purpose', which the statement does not contradict. The provisions read are sections 10 to 16 and Schedule 1; no condition, exception or limit in them is left out of the statement.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 44 (Treaty Bill, second reading, reply)
The words: "I have reviewed Articles 117 to 151. They do not seem to me to create any reference whatsoever to internal security or defence. They all deal with the concept of surrender."
Checked against: "TITLE V – LAW ENFORCEMENT AND JUDICIAL COOPERATION CHAPTER 1 – OBJECTIVE AND SCOPE CHAPTER 2 – COOPERATION WITH EUROPOL CHAPTER 3 – COOPERATION WITH EUROJUST CHAPTER 4 – EXCHANGE OF CRIMINAL RECORD INFORMATION CHAPTER 5 – SURRENDER" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), table of contents (Title V, Chapters 1 to 5)); "For the purposes of Articles 117 to 151, the Central Authority shall be the Chief Secretary." (Treaty on Gibraltar and the European Union Act 2026, section 63)
Grade: Under review. The treaty's chapter headed Surrender was searched for security and defence, and neither word was found. The statement matches. The Chief Minister used this to agree to the change of the central authority from the Governor to the Chief Secretary in Gibraltar's 2026 Act that brings the treaty into Gibraltar law; the Act as passed names the Chief Secretary. The provisions read are the whole of that chapter; no condition, exception or limit in them is left out of the statement.
Grade: Under review. Articles 117 to 151 are the Articles of Chapter 5 of Title V of Part Two, headed 'Surrender'. The text of Articles 117 to 151 was searched for 'security' and 'defence', and neither word was found. The statement matches. The Chief Minister used this to agree to the change of the central authority in section 63 from the Governor to the Chief Secretary; section 63 of the Treaty on Gibraltar and the European Union Act 2026 as passed names the Chief Secretary. The provisions read are Articles 117 to 151; no condition, exception or limit in them is left out of the statement.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 46 (Treaty Bill, second reading, reply)
The words: "Where the Kingdom of Spain has requested the Union to terminate this agreement in accordance with paragraph 1, the Union shall take the necessary steps in accordance with its internal procedures with a view to terminating the agreement."
Checked against: "Where the Kingdom of Spain has requested the Union to terminate this Agreement, in accordance with paragraph 1, the Union shall take the necessary steps in accordance with its internal procedures, with a view to terminating this Agreement." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 66(2) (signed text)); "Where the Kingdom of Spain has requested the Union to terminate this Agreement, in accordance with paragraph 1, the Union will proceed to such termination." (draft agreement laid on 26 February 2026, Article 66(2), for comparison only)
Grade: Verified. The signed treaty says that where Spain has asked the EU, in the way the treaty sets out, to end the treaty, the EU is to take the necessary steps under its internal procedures with a view to ending it. That is the wording the Chief Minister read. The draft treaty laid before the House on 26 February said instead that the EU would proceed to end it. The Chief Minister's account of the earlier wording differs by one small word from the draft; that does not affect the point. His explanation that the Commission's lawyer-linguists (lawyers who check the wording of a legal text across languages) required the change is not part of this entry and is not graded. The wording he read matches the signed text in every word. The provision was compared in both texts. That provision was read; no condition, exception or limit in it is left out of the statement.
Grade: Verified. The signed text of Article 66(2) reads: 'Where the Kingdom of Spain has requested the Union to terminate this Agreement, in accordance with paragraph 1, the Union shall take the necessary steps in accordance with its internal procedures, with a view to terminating this Agreement.' That is the wording the Chief Minister read. The draft UK-EU Agreement in respect of Gibraltar laid before the House on 26 February read 'the Union will proceed to such termination'. The Chief Minister's account of the earlier wording ('will proceed with such termination') differs by one word from the draft, which says 'to'; that does not affect the point. His explanation that the Commission's lawyer-linguists (lawyers who check the wording of a legal text across languages) required the change is not part of this entry and is not graded. The wording of Article 66(2) that he read matches the signed text in every word. Article 66 was compared in both texts. The provisions read are Article 66(2); no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 46 (Treaty Bill, second reading, reply)
The words: "That means that qualified majority voting applies, and that the qualified majority of the Member States have to vote in favour of termination. So that trigger is no longer in Spain’s hand."
Checked against: "the Union shall take the necessary steps in accordance with its internal procedures, with a view to terminating this Agreement." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 66(2))
Grade: Under review. The treaty's provision on the EU ending the treaty refers to the EU's internal procedures and does not mention voting or a qualified majority. Which voting rule applies to an EU decision to end an agreement is a matter of EU law (the EU's founding Treaties), which is not a text we hold. Whether the trigger is 'no longer in Spain's hand' depends on that rule. The EU's own legal texts, or an official explanatory document from the Commission or the Council, would settle it.
Grade: Under review. Article 66(2) refers to the EU's 'internal procedures' and does not mention voting or a qualified majority. Which voting rule applies to a Union decision to terminate an agreement is a matter of Union law (the Treaties of the Union), which is not a held text. Whether the trigger is 'no longer in Spain's hand' depends on that rule. The EU's own legal texts, or an official explanatory document from the Commission or the Council, would settle it.
What would settle it: Which EU voting rule applies when the EU takes the 'necessary steps' to terminate the Agreement under Article 66(2) after a Spanish request? (Question 2.89 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 48 (Treaty Bill, second reading, reply)
The words: "that is something that we inherited from them, because they changed the principles applying to registration for status to 10 years."
Checked against: "in 2014, the Gibraltarian Status Act was amended lowering the residence requirements for British Citizens to apply for Gibraltarian Status. The length of residence criteria was lowered from 25 years to 10 years." (Census of Gibraltar 2022, report, section on nationality); "an identity card issued in Gibraltar, on the basis of prior residence in Gibraltar, unless they have been resident in Gibraltar for a continuous period of at least 10 years immediately prior to the date of application for the card;" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 45(4)(a)); "residence for a continuous period of at least ten years for the purposes of Article 45(4)(a);" (Treaty on Gibraltar and the European Union Act 2026, section 43(5)(a))
Grade: Under review. Gibraltar's 2026 Act that brings the treaty into Gibraltar law, in the part the Chief Minister was discussing, refers to residence for an unbroken period of at least ten years for the purposes of the treaty's rule on identity cards, and that rule requires at least 10 years' unbroken residence immediately before applying for an identity card on the basis of earlier residence. The Census of Gibraltar 2022 records that in 2014 the Gibraltarian Status Act was amended to lower the residence requirement for British citizens applying for Gibraltarian status, from 25 years to 10 years. That settles the year of the change in the Status Act. It does not say which Government made it, and the Census does not link that change to the 10-year figure in the treaty, which concerns identity cards, not status. The statement says the 10-year provision was 'inherited from them' because 'they' changed the principles for status registration to 10 years. The texts we hold do not show who 'they' are or who proposed the 2014 amendment. The amending Act of 2014 and its debate record would settle it.
Grade: Under review. Section 43(5)(a) of the Act, which the Chief Minister was discussing, refers to residence 'for a continuous period of at least ten years for the purposes of Article 45(4)(a)', and Article 45(4)(a) requires at least 10 years' continuous residence immediately before applying for an identity card on the basis of prior residence. The Census of Gibraltar 2022 records that 'in 2014, the Gibraltarian Status Act was amended lowering the residence requirements for British Citizens to apply for Gibraltarian Status', from 25 years to 10 years. That settles the year of the change in the Status Act. It does not say which Government made it, and the Census does not link that change to the 10-year figure in Article 45(4)(a), which concerns identity cards, not status. The statement says the 10-year provision was 'inherited from them' because 'they' changed the principles for status registration to 10 years. The held texts do not show who 'they' are or who proposed the 2014 amendment. The Act of 2014 and its debate record would settle it.
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.
What would settle it: Which Government proposed and passed the 2014 amendment to the Gibraltarian Status Act that reduced the residence period from 25 years to 10, and was the 10-year figure in the treaty taken from it? (Question 2.90 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 48 (Treaty Bill, second reading, reply)
The words: "the declaration under section 55(3), which is a declaration under Article 58, is a declaration to be made in respect of the Treaty."
Checked against: "The Union in respect of its Member States and the United Kingdom, in respect of Gibraltar, shall make declarations regarding competent authorities for the purposes of this Article and laying down the conditions for and practical aspects of the cooperation in line with Union law." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 58(2)); "The Government shall submit a declaration laying down the conditions for and practical aspects of the cooperation in accordance with Article 58." (Treaty on Gibraltar and the European Union Act 2026, section 55(3))
Grade: Verified. Gibraltar's 2026 Act that brings the treaty into Gibraltar law requires the Government to submit a declaration setting out the conditions for, and the practical aspects of, the cooperation in line with the treaty, and the treaty says the EU and the UK, for Gibraltar, must make declarations on those points. So the declaration under the Act is the declaration the treaty provides for, made under the treaty. The Act's section and the treaty provision on this were read; no condition, exception or limit in them is left out of the statement.
Grade: Verified. Section 55(3) of the Treaty on Gibraltar and the European Union Act 2026 requires the Government to submit a declaration laying down the conditions for and practical aspects of the cooperation 'in accordance with Article 58', and Article 58(2) of the UK-EU Agreement in respect of Gibraltar says the EU and the UK, for Gibraltar, 'shall make declarations' on those points. So the section 55(3) declaration is the declaration provided for in Article 58, made under the Treaty (the UK-EU Agreement in respect of Gibraltar). The provisions read are section 55 and Article 58; no condition, exception or limit in them is left out of the statement.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 48 (Treaty Bill, second reading, reply)
The words: "the automated controls that are being referred to are the e-gates, the European e-gates—are the automated controls."
Checked against: "shall allow the use of automated border control systems at the border crossing points referred to in paragraph 1 for their respective checks" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(4)); "Schengen border checks on persons covered by Article 29(4) of the Agreement over the age of eligibility to use e-gates, and third-country nationals registered in the EU Entry/Exit System, will be conducted via e-gates" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), signed 25 June 2026, paragraph 2.1.3(a))
Grade: Incomplete. Graded against signed texts that were not published on the date of the statement (30 March 2026): the administrative arrangement between the UK, for Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted was signed on 25 June 2026 and published on 14 July 2026, and the treaty was signed at Brussels on 14 July 2026. The draft of the treaty laid on 26 February 2026 already carried the same rule on automated border control, to the same effect as the signed text. Gibraltar's 2026 Act that brings the treaty into Gibraltar law and the treaty refer to automated border control systems, and the arrangement names Schengen e-gates for first-line Schengen checks, so the statement that the automated controls are the e-gates matches as far as it goes. The statement leaves out who may use the e-gates under the treaty and the arrangement, and who goes to a staffed booth under the arrangement. The treaty has the UK, for Gibraltar, and Spain allow the use of automated border control systems at the border crossing points it sets up, for their own checks of the people it lists (people resident in Gibraltar, EU citizens and their family members who are non-EU nationals, and people with free movement rights under agreements the EU has made), in line with national and EU law. The treaty defines people resident in Gibraltar as people with the legal right to live in Gibraltar whatever their nationality, except EU citizens and nationals of Iceland, Liechtenstein, Norway and Switzerland, and also nationals of Andorra and San Marino once agreements giving them free movement rights come into force. The arrangement says that Schengen border checks on people in the treaty's list who are over the age of eligibility to use e-gates, and on non-EU nationals registered in the EU Entry/Exit System, will be done at e-gates. It says Schengen border checks on all other passengers, who are not eligible for automated border control or are unable to go through it, will take place at staffed Schengen immigration booths. A passenger who is neither in the treaty's list nor a non-EU national registered in the Entry/Exit System, and a passenger in the list who is not over the age of eligibility to use e-gates, is outside the group sent to the e-gates. The texts read do not mention an e-gate that cannot read a document or is out of order; the arrangement refers to passengers who are unable to go through automated border control.
Grade: Incomplete. Graded against signed texts that were not published on the date of the statement (30 March 2026): the Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ) was signed on 25 June 2026 and published on 14 July 2026, and 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 (Miscellaneous No. 9 (2026)), was signed at Brussels on 14 July 2026. The draft of the Agreement in respect of Gibraltar laid on 26 February 2026 already carried the same rule in its Article 29(4), to the same effect as the signed text. Section 33(3) of the Treaty on Gibraltar and the European Union Act 2026 and Article 29(4) of the Agreement in respect of Gibraltar refer to 'automated border control systems', and Arrangement names Schengen e-gates for first-line Schengen checks (paragraphs 2.1.1 and 2.1.3(a)), so the statement that the automated controls are the e-gates matches as far as it goes. The statement leaves out who may use the e-gates under Article 29(4) and paragraph 2.1.3(a) of Arrangement , and who goes to a staffed booth under paragraph 2.1.3(b). Article 29(4) has the UK, for Gibraltar, and the Kingdom of Spain 'allow the use of automated border control systems at the border crossing points referred to in paragraph 1 for their respective checks' of the persons it lists (persons resident in Gibraltar, Union citizens and their third-country family members, and beneficiaries of free movement rights under agreements concluded by the Union), 'in accordance with domestic and Union law'. Article 26(j) of the Agreement in respect of Gibraltar defines 'persons resident in Gibraltar' as 'persons having the legal right to reside in Gibraltar irrespective of their nationality, with the exception of Union citizens and nationals of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Swiss Confederation as well as nationals of the Principality of Andorra and the Republic of San Marino following the entry into force of agreements conferring such nationals with free movement rights'. Paragraph 2.1.3(a) of Arrangement says that Schengen border checks on persons covered by Article 29(4) 'over the age of eligibility to use e-gates', and on third-country nationals 'registered in the EU Entry/Exit System', will be conducted via e-gates. Paragraph 2.1.3(b) says Schengen border checks on 'all other passengers, who are not eligible for or are unable to undergo automated border control', will take place via staffed Schengen immigration booths. A passenger who is neither covered by Article 29(4) nor a third-country national registered in the Entry/Exit System, and a passenger covered by Article 29(4) who is not over the age of eligibility to use e-gates, is outside the group in paragraph 2.1.3(a). The provisions read do not mention an e-gate that cannot read a document or is out of order; paragraph 2.1.3(b) refers to passengers who are 'unable to undergo automated border control'. The provisions read are Article 29(4) of the Agreement in respect of Gibraltar, section 33(3) of the Treaty on Gibraltar and the European Union Act 2026 and paragraphs 2.1.1 and 2.1.3 of Arrangement 4.
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.
Government of Gibraltar releases: These are statements by the Government of Gibraltar about the works, the layout and the e-gates at Gibraltar Airport. They are not among the texts the statement is graded against, which are the treaty, the administrative arrangement between the UK, for Gibraltar, and Spain on how Schengen border checks and border surveillance will be carried out, and Gibraltar's 2026 Act that brings the treaty into Gibraltar law. Press release 57/2026 of 30 January 2026, in which the Government updates key stakeholders on putting the treaty into effect, speaks of 'the creation of the new joint Schengen facility at the airport'. Press release 223/2026 of 30 March 2026, the Chief Minister’s speaking note for the Treaty on Gibraltar and the European Union Bill 2026, speaks of 'the temporary works being undertaken at the Airport under the auspices of the Chief Technical Officer and being carried out by Casais, to allow for temporary Schengen Check and EES facilities for arriving air and sea passengers'. Press release 320/2026 of 5 May 2026, in which the Chief Minister shows the UK Ambassador to the EU the airport works, says: 'Some of the arrangements in place are interim measures designed to enable partial implementation on 15 July, with further, longer-term changes to follow as the airport takes its final form.' Press release 543/2026 of 9 July 2026 carries the Deputy Chief Minister’s budget address on the Appropriation Bill 2026, which says: 'the location at which Schengen entry and exit checks are carried out will move from the land frontier to the new facility adjacent to the air terminal.' Technical Notice 562/2026 of 15 July 2026, a reminder about immigration arrangements at Gibraltar Airport and the crossing of Schengen external borders, is the Government’s own statement, not the graded text, of the arrangements at the airport for Gibraltar identity card holders and Gibraltar civilian registration card holders. It says that they, irrespective of nationality, 'should use the corridors reserved for such persons and EU citizens'; that 'Schengen controls on such persons at Gibraltar Airport are to be conducted with the assistance of e-gates'; and that 'In the event of teething problems after provisional application of the treaty, technical issues with the e-gates or persons traveling with children under 12, then such controls will be carried out through interaction with the border authorities in the same manner as they have been carried out at the land border in the past.' Press release 571/2026 of 18 July 2026, in which the BCA and Customs confirm no incidents at the airport, says 'all e-Gates are now working well'.
Government of Gibraltar releases: These are statements by the Government of Gibraltar about the works, the layout and the e-gates at Gibraltar Airport. They are not among the texts the statement is graded against, which are 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 (Miscellaneous No. 9 (2026)), the Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ) and the Treaty on Gibraltar and the European Union Act 2026. Press release 57/2026 of 30 January 2026, 'Government Updates Key Stakeholders on Treaty Implementation', speaks of 'the creation of the new joint Schengen facility at the airport'. Press release 223/2026 of 30 March 2026, 'Chief Minister’s Speaking Note for the Treaty on Gibraltar and the European Union Bill 2026', speaks of 'the temporary works being undertaken at the Airport under the auspices of the Chief Technical Officer and being carried out by Casais, to allow for temporary Schengen Check and EES facilities for arriving air and sea passengers'. Press release 320/2026 of 5 May 2026, 'Chief Minister shows UK Ambassador to the EU Airport Works', says: 'Some of the arrangements in place are interim measures designed to enable partial implementation on 15 July, with further, longer-term changes to follow as the airport takes its final form.' Press release 543/2026 of 9 July 2026, 'Appropriation Bill 2026 - The Hon Dr Joseph Garcia CMG MP Deputy Chief Minister', carries the Deputy Chief Minister's budget address, which says: 'the location at which Schengen entry and exit checks are carried out will move from the land frontier to the new facility adjacent to the air terminal.' Technical Notice 562/2026 of 15 July 2026, 'REMINDER concerning immigration arrangements at Gibraltar Airport and the crossing of Schengen external borders', is the Government's own statement, not the graded text, of the arrangements at the airport for Gibraltar identity card holders and Gibraltar civilian registration card holders. It says that they, irrespective of nationality, 'should use the corridors reserved for such persons and EU citizens'; that 'Schengen controls on such persons at Gibraltar Airport are to be conducted with the assistance of e-gates'; and that 'In the event of teething problems after provisional application of the treaty, technical issues with the e-gates or persons traveling with children under 12, then such controls will be carried out through interaction with the border authorities in the same manner as they have been carried out at the land border in the past.' Press release 571/2026 of 18 July 2026, 'BCA and Customs confirm no incidents at Airport', says 'all e-Gates are now working well'.
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.
Government of Spain page: The Ministry of Foreign Affairs, European Union and Cooperation of the Government of Spain has a page dated 14 July 2026, 'El Acuerdo con respecto a Gibraltar: cuándo se aplica y qué supone para España' (in its Exteriores explica series, with an English version on when the treaty will be applied and what it means for Spain). It says 'España asumirá los controles Schengen en el aeropuerto y el puerto de Gibraltar.' The Ministry’s English version gives this as 'Spain will assume responsibility for the Schengen controls at the airport and the port of Gibraltar.' That is the only sentence on the page that mentions the airport. It says nothing about works or layout at the airport, so on works and layout it neither agrees with nor differs from the releases of the Government of Gibraltar. It is a statement by the Government of Spain, not one of the texts the statement is graded against, which are the treaty, the administrative arrangement between the UK, for Gibraltar, and Spain on how Schengen border checks and border surveillance will be carried out, and Gibraltar's 2026 Act that brings the treaty into Gibraltar law.
Government of Spain page: The Ministry of Foreign Affairs, European Union and Cooperation of the Government of Spain has a page dated 14 July 2026, 'El Acuerdo con respecto a Gibraltar: cuándo se aplica y qué supone para España' (Exteriores explica; in the Ministry's English version, 'The Agreement in respect of Gibraltar: when it will be applied and what it means for Spain'). It says 'España asumirá los controles Schengen en el aeropuerto y el puerto de Gibraltar.' The Ministry's English version gives this as 'Spain will assume responsibility for the Schengen controls at the airport and the port of Gibraltar.' That is the only sentence that mentions the airport on the page. It says that Spain will assume the Schengen controls at the airport and the port of Gibraltar; it says nothing about works or layout at the airport, so on works and layout it neither agrees with nor differs from the releases of the Government of Gibraltar. It is a statement by the Government of Spain, not one of the texts the statement is graded against, which are 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 (Miscellaneous No. 9 (2026)), the Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ) and the Treaty on Gibraltar and the European Union Act 2026.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 47 (Treaty Bill, second reading, reply)
The words: "13(2), Madam Speaker, which is the power to create criminal offences, in fact is almost more specific because, although it says 'including', it is only about offences that are not provided for in Gibraltar. The European Convention, the suppression of terrorism, and the offences in Annex 13."
Checked against: "create criminal offences (including making provision for criminal offences referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism, done at Strasbourg on 27 January 1977, or offences referred to in Annex 13, or any other offence that is not provided for under Gibraltar law);" (Treaty on Gibraltar and the European Union Act 2026, section 13(2)(j))
Grade: Under review. Gibraltar's 2026 Act that brings the treaty into Gibraltar law lets Implementation Regulations create criminal offences, including the offences in the opening articles of the European Convention on the Suppression of Terrorism and the offences listed in one of the treaty's annexes, or any other offence that Gibraltar law does not already provide for. The words 'it is only about offences that are not provided for in Gibraltar' fit that last phrase. The statement leaves out that the last phrase is an open category: any other offence that Gibraltar law does not already provide for. The power also stays limited by the Act to provision that appears necessary or expedient for one of its implementation purposes. The provisions read are the Act's section on Implementation Regulations.
Grade: Under review. Section 13(2)(j) lets Implementation Regulations create criminal offences, 'including' offences under Articles 1 and 2 of the European Convention on the Suppression of Terrorism and the offences in Annex 13, 'or any other offence that is not provided for under Gibraltar law'. The words 'it is only about offences that are not provided for in Gibraltar' fit the last phrase. The statement leaves out that the last phrase is an open category: 'any other offence that is not provided for under Gibraltar law'. The power also remains limited by section 13(1) to provision that appears necessary or expedient for an implementation purpose. The provisions read are section 13.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, pages 47, 48 (Treaty Bill, second reading, reply)
The words: "That is what this Bill does: it makes all of the Henry VIII powers subject to the scrutiny of this House, although some of them may come into effect before they can have scrutiny in this House."
Checked against: "Implementation Regulations (including any regulations made partly in reliance on this section and partly in reliance on other enabling powers) shall be laid before Parliament as soon as practicable after being made." (Treaty on Gibraltar and the European Union Act 2026, section 13(4)); "A Minister (or the Government) may by Notice published in the Gazette vary or suspend the operation of any enactment for the purposes of enabling or facilitating arrangements made in accordance with this section." (Treaty on Gibraltar and the European Union Act 2026, section 23(5))
Grade: Shaded. Gibraltar's 2026 Act that brings the treaty into Gibraltar law requires Implementation Regulations to be laid before Parliament as soon as practicable, and lets them take effect first where urgent. That bears out the statement for Implementation Regulations. The statement says 'all of the' powers that allow amendment of other laws. Other sections of the Act allow a Minister or the Government to vary or suspend laws by Notice in the Gazette. Those sections contain no requirement to lay those Notices. Whether another Act requires laying is not shown by the held texts. The word 'all' therefore reads wider than the sections read.
Grade: Shaded. Section 13(4) of the Treaty on Gibraltar and the European Union Act 2026 requires Implementation Regulations to be laid before Parliament as soon as practicable, and section 13(5) lets them take effect first where urgent. That bears out the statement for Implementation Regulations. The statement says 'all of the' powers that allow amendment of other laws. Other sections allow a Minister or the Government to vary or suspend enactments by Notice in the Gazette (sections 23(5) and 25(2)). Sections 23 to 25 contain no requirement to lay those Notices. Whether another Act requires laying is not shown by the held texts. The word 'all' therefore reads wider than the sections read. The provisions read are sections 11 to 16 and 23 to 26.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 49 (Treaty Bill, second reading, reply)
The words: "The charge is that you can charge it to the Consolidated FundConsolidated FundThe Government’s main account: almost all taxes go in, and most day-to-day spending comes out. “Paid from the Consolidated Fund” means paid from that year’s ordinary revenue.; in other words charge me the next pint, but not that I am charged with every pint."
Checked against: "There shall be charged on and issued out of the Consolidated Fund any amount required to meet any implementation purpose, or obligation in respect of Gibraltar arising under the TGEU, identified for the purposes of this section by the Minister by Notice in the Gazette." (Treaty on Gibraltar and the European Union Act 2026, section 20(3))
Grade: Shaded. Gibraltar's 2026 Act says that any amount needed to meet an implementation purpose, or an obligation for Gibraltar under the treaty, that the Minister names for this purpose in a notice in the Gazette is to be charged on and paid out of the Consolidated Fund. The Minister here is the Chief Minister, the Minister for Economic Development, Enterprise, Telecommunications and the Gibraltar Savings Bank, or both acting together. The words are mandatory for every amount the Minister names in a notice; the discretion lies in what the Minister names. The statement describes the charge as something that "you can" do: the Act says it is to be charged, the statement says it can be. The Chief Minister's explanation that the amount charged is only what the Minister names matches the last words of that provision. The provisions read are the Act's section on paying for implementation.
Grade: Shaded. Section 20(3) says there 'shall be charged on and issued out of the Consolidated Fund any amount required to meet any implementation purpose, or obligation... identified for the purposes of this section by the Minister by Notice in the Gazette'. The words are mandatory ('shall be charged') for every amount the Minister identifies by Notice; the discretion lies in what the Minister identifies. The statement describes the charge as something that 'you can' do. The wording differs: 'shall' in the text, 'can' in the statement. The Chief Minister's explanation that the amount charged is only what the Minister identifies matches the last words of the subsection. The provisions read are section 20.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 49 (Treaty Bill, second reading, reply)
The words: "As for section 116, Madam Speaker, the provision is exclusively for the Public Health Service— for the Gibraltar Health Authority."
Checked against: "the devices are procured and imported by or for entities placed under the direct responsibility of the GHA" (Treaty on Gibraltar and the European Union Act 2026, section 116(9)(b)); "the sole end-users of the devices are entities under the direct responsibility of the GHA and professionals employed by the GHA;" (Treaty on Gibraltar and the European Union Act 2026, section 116(9)(c))
Grade: Shaded. Gibraltar's 2026 Act that brings the treaty into Gibraltar law says that, despite an earlier subsection of the same section, the Government may allow medical devices, accessories for medical devices and in vitro diagnostic medical devices to be imported into Gibraltar, provided that the listed conditions are met. The conditions read are: the devices may lawfully be placed on the market in the UK; the devices are obtained and imported by or for bodies placed under the direct responsibility of the Gibraltar Health Authority (GHA), and the Government has the power to do anything needed to make sure the treaty's notification requirements in a footnote are met; and the only end-users of the devices are bodies under the direct responsibility of the GHA and professionals the GHA employs. The statement says the provision is 'exclusively' for the Gibraltar Health Authority; the second and third conditions speak of bodies under the GHA's direct responsibility and of professionals the GHA employs. The opening words of the subsection before this one were also read and are not described here.
Grade: Shaded. Section 116(9) of the Treaty on Gibraltar and the European Union Act 2026 says that, notwithstanding subsection (2), the Government may allow the import into Gibraltar of medical devices, accessories for medical devices and in vitro diagnostic medical devices, provided that the conditions listed are fulfilled. The conditions read are: (a) the devices may be lawfully placed on the market in the UK; (b) the devices are 'procured and imported by or for entities placed under the direct responsibility of the GHA' (the Gibraltar Health Authority), and the Government has the power to do anything necessary to ensure that the notification requirements under Footnote 29 to Article 256(5)(b) are satisfied; (c) 'the sole end-users of the devices are entities under the direct responsibility of the GHA and professionals employed by the GHA'. The statement says the provision is 'exclusively' for the Gibraltar Health Authority; points (b) and (c) speak of entities under the GHA's direct responsibility and of professionals the GHA employs. The provisions read are section 116(9)(a) to (c) of the Act and the opening words of section 116(8), which are not described here.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 50 (Treaty Bill, second reading, reply)
The words: "The provision, Madam Speaker, in section 50(10) —he is absolutely right —is about us having the final say on asylum, in effect. This is us having the final say, but a requirement to consider what is sent from the Schengen authorities."
Checked against: "the Authority shall refrain from granting international protection until it has given full consideration to any information provided by the Schengen authorities." (Treaty on Gibraltar and the European Union Act 2026, section 50(10)); "the competent authorities of the United Kingdom, in respect of Gibraltar, shall be responsible for the examination of that application." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 53(1))
Grade: Shaded. The words "the final say" read wider than the text. Gibraltar's 2026 Act that brings the treaty into Gibraltar law and the treaty make the Authority (in the treaty, the competent authorities of the UK, for Gibraltar) responsible for examining an application for international protection made in Gibraltar, but subject to the further rules that follow in both texts, so the responsibility is not unqualified. Where the Schengen authorities tell the Authority of their objection within 14 calendar days (or, if that period is extended under the treaty, a further 14 calendar days), the Act says the Authority must hold back from granting international protection until it has given full consideration to any information the Schengen authorities provide. The Act adds that no response by the end of the period counts as a positive response, but in any case the Authority must hold back from granting international protection before the end of that period. So the Authority cannot grant protection before the end of that period in any case, and after an objection it cannot grant it until it has given full consideration to the objection. The statement is right that nothing in those provisions says the Authority is bound by the objection, and that there is a requirement to consider what the Schengen authorities send; the treaty speaks of the final decision of the competent authorities of the UK, for Gibraltar. It is the unqualified way the words are put, as if nothing held back the decision, that reads wider than the text.
Grade: Shaded. The words 'the final say' read wider than the text. Section 50(2) of the Treaty on Gibraltar and the European Union Act 2026 and Article 53(1) of the UK-EU Agreement in respect of Gibraltar make the Authority (in the treaty, the competent authorities of the UK, for Gibraltar) responsible for examining an application for international protection made in Gibraltar, but subject to subsections (9) to (15) of section 50 and to paragraphs 6 to 10 of Article 53, so the responsibility is not unqualified. Where the Schengen authorities inform the Authority of their objection within 14 calendar days (or, if extended under Article 53(7), a further 14 calendar days), section 50(10) says 'the Authority shall refrain from granting international protection until it has given full consideration to any information provided by the Schengen authorities'. Section 50(11) adds that no response by the end of the period 'shall be considered a positive response but in any case the Authority shall refrain from granting international protection before the end of that period'. So the Authority cannot grant protection before the end of that period in any case, and after an objection it cannot grant it until it has given full consideration to the objection. The statement is right that nothing in section 50(10) or Article 53(7) says the Authority is bound by the objection, and that there is a requirement to consider what the Schengen authorities send; Article 53(7) speaks of 'the final decision' of the competent authorities of the UK, for Gibraltar. It is the unqualified way the words are put, as if nothing held back the decision, that reads wider than the text. The provisions read are sections 50(2), 50(10) and 50(11) of the Act and Articles 53(1) and 53(7) of the treaty.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 50 (Treaty Bill, second reading, reply)
The words: "On the Corporation Council, he will want to read the clause again and see that it does not say that it will have direct effect in Gibraltar. So, they will have effect in Gibraltar, but the words 'direct effect' is not in the clause."
Checked against: "Decisions of the Cooperation Council adopted in accordance with Article 22(4) or Article 24 shall have effect in domestic law." (Treaty on Gibraltar and the European Union Act 2026, section 17(3))
Grade: Under review. Gibraltar's 2026 Act that brings the treaty into Gibraltar law says that decisions the EU-UK Cooperation Council adopts under the treaty's rules on its powers and on its decisions have effect in Gibraltar's domestic law. The words "direct effect" do not appear in that provision, as the Chief Minister says, and the decisions do have effect in domestic law. The record's "Corporation Council" is a slip for "Cooperation Council". The provisions read are the Act's section on the Cooperation Council; no condition, exception or limit in them is left out of the statement.
Grade: Under review. Section 17(3) of the Treaty on Gibraltar and the European Union Act 2026 reads 'Decisions of the Cooperation Council adopted in accordance with Article 22(4) or Article 24 shall have effect in domestic law.' The words 'direct effect' do not appear in the subsection, as the Chief Minister says, and the decisions do have effect in domestic law. The record's 'Corporation Council' is a slip for 'Cooperation Council'. The provisions read are section 17; no condition, exception or limit in them is left out of the statement.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 27 (Treaty Bill, second reading, reply)
The words: "It is the common external tariff that is collected at the first point of entry but returned to us."
Checked against: "Where import duties are payable on goods pursuant to paragraph 1, those duties shall be levied in the relevant designated customs post on behalf of the United Kingdom, in respect of Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 21, Article 1(3)); "Member States shall retain, by way of collection costs, a percentage of the import duties collected on behalf of the United Kingdom, in respect of Gibraltar, in accordance with the applicable retention rate in the Union." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 21, Article 3(7))
Grade: Incomplete. The treaty says import duties payable on goods from outside the customs union are collected at the designated customs post on behalf of the UK, for Gibraltar. It provides for separate Gibraltar accounts and for the European Commission to transfer the amounts credited to an account opened by the UK, for Gibraltar. The statement is borne out in substance. It leaves out that the duties are collected at a designated customs post, not at ‘the first point of entry’ (the treaty places sanitary and phytosanitary formalities, the animal, plant and food health checks, at the first entry point of the EU), and that the EU country keeps a percentage of the duties as collection costs. The reference to a ‘common external tariff’ is a description of the EU’s tariff as the treaty applies it.
Grade: Incomplete. Annex 21, Article 1(3), says import duties payable on goods from outside the customs union are levied at the designated customs post 'on behalf of the United Kingdom, in respect of Gibraltar'. Article 3 provides for separate Gibraltar accounts and for the Commission to transfer the amounts credited to an account opened by the UK, for Gibraltar (Article 3(9)). The statement is borne out in substance. It leaves out that the duties are collected at a designated customs post, not at 'the first point of entry' (Annex 21, Article 1(1) places sanitary and phytosanitary formalities at the first entry point of the EU), and that the EU country retains a percentage of the duties as collection costs (Article 3(7)). The reference to a 'common external tariff' is a description of the EU's tariff as applied under Annex 21, Article 1(2). The provisions read are Annexes 19 and 21.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 42 (Treaty Bill, second reading, reply)
The words: "other than continued surveillance and hot pursuit—which are the Acquis that we sought to accede to; we could never say we did not want that, Madam Speaker; that is what we were asking for—there are no boots on the ground here."
Checked against: "arrest, search, detain, interview, place under protection a person, or seize or search property, where it is justified in the course of border control carried out by the competent authorities of the Kingdom of Spain" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(4)(c)(ii)); "Within the Schengen immigration booths: officers within the immigration booths may be in uniform." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), signed 25 June 2026, paragraph 2.1.4(a)); "the competent authorities of the Participants will conduct joint maritime patrols in jointly crewed law enforcement vessels at the borders of both Gibraltar and the surrounding area of Spain." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), signed 25 June 2026, paragraph 3.2.2)
Grade: Incomplete. The statement makes an exception for continued surveillance and hot pursuit (the treaty's rules on these and the surveillance and pursuit arrangement). The texts also provide for: Spanish officials at the airport carrying out Schengen border checks, who may be in uniform where they work in the immigration booths (the border checks arrangement, which sets out how Schengen border checks and border surveillance will be done); the Spanish authorities' right to arrest, search, detain and interview where it is justified in the course of border control carried out by them, in line with Spanish, EU and international law (the treaty); Spanish officials at the port where the conditions in one of the treaty's border check rules are not met (the border checks arrangement); and joint maritime patrols in jointly crewed vessels (also in the border checks arrangement). 'Boots on the ground' is not defined in the texts. The statement leaves out these further provisions for the presence of Spanish officials in Gibraltar. The provisions read are the treaty's rules on border checks and on continued surveillance and pursuit, and those two arrangements.
Grade: Incomplete. The statement excepts continued surveillance and hot pursuit (Articles 55 and 56; Arrangement , the administrative arrangement on continued surveillance and uninterrupted pursuit). The text also provides for Spanish officials at the airport carrying out Schengen border checks, who may be in uniform where they work in the immigration booths (Arrangement , the administrative arrangement on how Schengen border checks and border surveillance will be conducted, paragraph 2.1.4(a)); for the Spanish authorities' right to arrest, search, detain and interview where it is justified in the course of border control carried out by them, in accordance with Spanish, EU and international law (Article 33(4)(c)(ii)); for Spanish officials at the port where the Article 29(3) conditions are not met (Arrangement , paragraph 2.2.3); and for joint maritime patrols in jointly crewed vessels (paragraph 3.2.2). 'Boots on the ground' is not defined in the texts. The statement leaves out these further provisions for the presence of Spanish officials in Gibraltar. The provisions read are Articles 29 to 35 and 55 to 58 and Arrangements and 5.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 10 (Treaty Bill, second reading)
The words: "This Part also gives domestic recognition to the Cooperation Council, to the specialised committees, and it allows for consistent interpretation rules, the annual reporting, and for guidance to be issued."
Checked against: "The Cooperation Council established by Article 22 shall be recognised in domestic law." (Treaty on Gibraltar and the European Union Act 2026, section 17(1)); "A reference in this Act to anything done by or in relation to the Cooperation Council includes a reference to anything done by or in relation to a Specialised Committee established by Article 23" (Treaty on Gibraltar and the European Union Act 2026, section 17(5))
Grade: Shaded. Gibraltar's 2026 Act that brings the treaty into Gibraltar law recognises in Gibraltar law the Cooperation Council set up by the treaty. The statement says that part of the Act also gives recognition in Gibraltar law to 'the specialised committees', but the Act reaches an EU-UK treaty committee set up by the treaty only by treating references to the Cooperation Council as including things done by or in relation to the committee under a delegation made either under the treaty provision that sets up the Cooperation Council or under any other provision of the treaty; it does not separately recognise the committees, so the statement reads wider than the text. The statement also leaves out that one section of the Act applies to the provisions of EU law that a particular treaty provision refers to, and that the Act requires reports not less than once in each calendar year after provisional application of the treaty has begun.
Grade: Shaded. Section 17(1) of the Treaty on Gibraltar and the European Union Act 2026 recognises the Cooperation Council established by Article 22 in domestic law. The statement says the Part also gives domestic recognition to 'the specialised committees', but section 17(5) reaches an EU-UK treaty committee established by Article 23 only by treating references to the Cooperation Council as including things done by or in relation to the Committee 'in accordance with a delegation under Article 22 or any other provision of the TGEU'; it does not separately recognise the committees, so the statement reads wider than the text. The statement also leaves out that section 18 applies to 'the provisions of Union law referred to in Article 19(1)', and that section 21(2)(b) requires reports 'not less than once in each calendar year after the date on which provisional application of the TGEU shall have commenced'. The provisions read are sections 17(1), 17(5), 18, 21(2) and 22(1) of the Act and Articles 19(1), 20, 22 and 23 of the UK-EU Agreement in respect of Gibraltar.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 12 (Treaty Bill, second reading)
The words: "Part 9 provides the framework for future cooperation on nuclear safety, security, emergency response and material control... it is a requirement of the EU that we should have in place a legal infrastructure should such an eventuality arise."
Checked against: "The United Kingdom, in respect of Gibraltar, shall implement a robust and effective system of nuclear material accountancy and control" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 17(2)); "The Government shall have the power to do anything necessary to implement a robust and effective system of nuclear material accountancy and control" (Treaty on Gibraltar and the European Union Act 2026, section 140(2))
Grade: Shaded. The treaty covers nuclear safety, nuclear security, emergency arrangements and the accounting for and control of nuclear material, and Gibraltar's 2026 Act that brings the treaty into Gibraltar law has a chapter that applies to carry out that part of the treaty. The statement's 'framework for future cooperation' and 'should such an eventuality arise' fit the duties that are conditional. The UK, for Gibraltar, must set up a system for accounting for and controlling nuclear material, and safety and security arrangements, at the time those arrangements are required, and must continue to keep up and review from time to time operational arrangements for nuclear accidents, should such an event happen. Two other duties are different. They are ongoing commitments that do not wait for an event: the EU and the UK, for Gibraltar, together must not weaken or reduce protection below the standards of protection applied until 31 December 2020 (for one of the two, this applies only so far as it does not conflict with developments in legally binding international nuclear safety standards). The statement does not mention them, so 'framework for future cooperation' reads narrower than the text. The statement says it is 'a requirement of the EU' that Gibraltar should have a legal infrastructure in place. The text does not use those words: it states the duties as duties under the treaty, the conditional ones on the UK, for Gibraltar, and the ongoing ones on the EU and the UK, for Gibraltar, together.
Grade: Shaded. Article 17 of the UK-EU Agreement in respect of Gibraltar covers nuclear safety, nuclear security, emergency arrangements and nuclear material accountancy and control, and section 139(1) of the Treaty on Gibraltar and the European Union Act 2026 says its Chapter applies for the implementation of Article 17. The statement's 'framework for future cooperation' and 'should such an eventuality arise' fit the duties that are conditional. The UK, for Gibraltar, shall implement a system of nuclear material accountancy and control (Article 17(2)) and safety and security arrangements (Article 17(3)) 'at such time as these arrangements are required', and shall continue to maintain and periodically review operational arrangements for nuclear accidents 'should such an event occur' (Article 17(7)). Article 17(1) and (5) are different. They are ongoing commitments that do not wait for an event: the EU and the UK, for Gibraltar, together 'shall not weaken or reduce the levels of protection below those provided for by the standards of protection' applied until 31 December 2020 (in Article 17(1) this applies 'Insofar as it does not conflict with developments in legally binding international nuclear safety standards'). The statement does not mention them, so 'framework for future cooperation' reads narrower than the text. The statement says it is 'a requirement of the EU' that Gibraltar should have a legal infrastructure in place. The text does not use those words: it states the duties as duties under the treaty, those in Article 17(2), (3) and (7) on the UK, for Gibraltar, and those in Article 17(1) and (5) on the EU and the UK, for Gibraltar, together. The provisions read are Article 17(1), (2), (3), (5) and (7) and section 139(1) of the Act.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 12 (Treaty Bill, second reading)
The words: "Part 10, Madam Speaker, implements the Treaty’s mechanism for consultation, arbitration, compliance and remedies. This is the dispute resolution and final provisions chapter."
Checked against: "This Part makes provision (supplemental to, and without prejudice to the generality of, the general implementation provisions of Part 3) for the purpose of facilitating and supporting the implementation of the provisions of Part Six of the TGEU on dispute resolution" (Treaty on Gibraltar and the European Union Act 2026, section 144)
Grade: Under review. The part headed Final Provisions of Gibraltar's 2026 Act that brings the treaty into Gibraltar law begins with dispute resolution. The Act says that part supports putting into effect the treaty's part on dispute resolution, and the sections that follow put into effect the treaty's rules on choice of forum, consultations, arbitration, compliance and remedies. The statement matches. The final words of the passage, that the part ensures disagreements are resolved 'without encroaching on the fundamental constitutional position of Gibraltar', are an assessment and are not graded. The provisions read are the Act's sections on dispute resolution; no condition, exception or limit in them is left out of the statement.
Grade: Under review. Part 10 of the Treaty on Gibraltar and the European Union Act 2026 is headed 'Final Provisions' and begins with 'Dispute Resolution'. Section 144 says the Part makes provision to support the implementation of Part Six of the UK-EU Agreement in respect of Gibraltar on dispute resolution, and the following sections implement Articles 303 to 326 (choice of forum, consultations, arbitration, compliance and remedies). The statement matches. The final words of the passage, that the Part ensures disagreements are resolved 'without encroaching on the fundamental constitutional position of Gibraltar', are an assessment and are not graded. The provisions read are sections 143 to 148; no condition, exception or limit in them is left out of the statement.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 49 (Treaty Bill, second reading, reply)
The words: "And even today we would return import duties —in future excise duties and transaction tax —to the importer that has destroyed the thing, because it is no longer fit for human consumption. It has not been sold; the purpose of the duty is to charge the sale, and if the sale does not happen for that reason, they get their excise duty back."
Checked against: "The Collector may refund excise duties of excise goods when the Collector is satisfied that there has been a total destruction or irretrievable loss, total or partial, of these goods as a result of unforeseeable circumstances or force majeureForce majeureAn event beyond either side’s control (war, disaster, epidemic) that excuses a party from an obligation it can no longer meet., or as a consequence of an authorisation to destroy the goods by the competent authorities of Gibraltar." (Treaty on Gibraltar and the European Union Act 2026, section 108); "The United Kingdom, in respect of Gibraltar, may refund excise duties of excise goods when there is a total destruction or irretrievable loss, total or partial, of these goods as a result of unforeseeable circumstances or force majeure, or as a consequence of an authorisation to destroy the goods by the competent authorities." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 8); "The Collector shall refund the transaction tax charged on a good upon its export to the" (Treaty on Gibraltar and the European Union Act 2026, section 102(1))
Grade: Shaded. The speaker says that in future excise duty and transaction tax would be returned to an importer whose goods are destroyed because they are no longer fit for human consumption. Gibraltar's 2026 Act that brings the treaty into Gibraltar law and the treaty say something narrower. They say the Collector of Customs (or the UK, for Gibraltar) may refund excise duties, which is a power to refund and not a duty to refund. It applies when the Collector is satisfied that the goods have been totally destroyed or irretrievably lost through unforeseeable circumstances or force majeure, or as a result of permission from the competent authorities of Gibraltar to destroy them. Neither text mentions transaction tax. The refund of transaction tax in the texts is for goods exported from Gibraltar. No provision refunding transaction tax on goods that are destroyed was found. The words "even today we would return import duties" describe the present practice before the treaty, and no held document sets out that practice, so that part is not graded. The grade rests on the weaker part: the reference to transaction tax and to a refund that is certain.
Grade: Shaded. The speaker says that in future excise duty and transaction tax would be returned to an importer whose goods are destroyed because they are no longer fit for human consumption. Section 108 of the Treaty on Gibraltar and the European Union Act 2026 and Article 8 of Annex 24 say something narrower. They say the Collector (the Collector of Customs named in the Act) (or the UK, for Gibraltar) 'may refund excise duties', which is a discretion and not a duty to refund. It applies when the Collector is satisfied that there has been total destruction or irretrievable loss from unforeseeable circumstances or force majeure, or as a consequence of an authorisation to destroy the goods by the competent authorities of Gibraltar. Neither provision mentions transaction tax. The refund of transaction tax in the texts is for goods exported from Gibraltar (section 102 of the Act; Annex 24, Article 5). No provision refunding transaction tax on goods that are destroyed was found. The words 'even today we would return import duties' describe the present practice before the Treaty (the UK-EU Agreement in respect of Gibraltar), and no held document sets out that practice, so that part is not graded. The grade rests on the weaker part, the reference to transaction tax and to a refund that is certain. The provisions read are sections 98 to 110 of the Act and Annex 24, Articles 5 and 8.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 50 (Treaty Bill, second reading, reply)
The words: "control foreign Schengen authorities, which he said included the authorities of Spain (as they do), will have to surrender to the law-enforcement agencies of Gibraltar in the context of hot pursuit and border surveillance. So, on that key issue he agrees with us: these are not boots on the ground; these are boots subject to our control when they are on our ground."
Checked against: "The competent authorities carrying out the surveillance must comply with paragraphs 3.1-3.3 of this Arrangement, with the law of Spain or the United Kingdom, in respect of Gibraltar, as the case may be, and they must obey the instructions of the competent local authorities;" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 3.4(a)); "The competent authorities carrying out the surveillance may neither challenge nor arrest the person under surveillance;" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 3.4(e)); "they must obey the instructions of the competent local authorities;" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 6.4(a)); "arrest, search, detain, interview, place under protection a person, or seize or search property, where it is justified in the course of border control carried out by the competent authorities of the Kingdom of Spain and in accordance with Spanish, Union and international law;" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(4)(c)(ii)); "If it is necessary to arrest or detain an individual during the course of border surveillance, this should be done by the competent authority of the territory where the person has been apprehended and in accordance with the laws of that territory." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), signed 25 June 2026, paragraph 3.2.5)
Grade: Incomplete. For continued surveillance and hot pursuit the text bears the statement out in part. The administrative arrangement on continued surveillance and uninterrupted pursuit requires Spanish officers (and Gibraltar officers in Spain) to comply with the law of the place and to obey the instructions of the competent local authorities. Officers on surveillance may not challenge or arrest the person, and the local authorities may take over a surveillance or a pursuit. For border surveillance, the administrative arrangement on how Schengen border checks and border surveillance will be conducted says an arrest or detention should be made by the authority of the territory where the person is caught. What the statement leaves out is that the treaty also gives the Spanish authorities functions in Gibraltar that are not subject to the instructions of the Gibraltar authorities in the same way. It gives them the right to arrest, search, detain and interview in the course of border control, in line with Spanish, EU and international law, and border surveillance functions including catching people who have crossed the border illegally. The Gibraltar authorities must assist them where necessary. Pursuing officers may also carry service weapons. The phrase 'boots subject to our control' is the speaker's description and is not graded.
Grade: Incomplete. For continued surveillance and hot pursuit the text bears the statement out in part. Arrangement (the administrative arrangement on continued surveillance and uninterrupted pursuit) requires Spanish officers (and Gibraltar officers in Spain) to comply with the law of the place and to 'obey the instructions of the competent local authorities' (paragraphs 3.4(a) and 6.4(a)). Officers on surveillance may not challenge or arrest the person (paragraph 3.4(e)), and the local authorities may take over a surveillance or a pursuit (paragraphs 3.3 and 5.3). For border surveillance, Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted) paragraph 3.2.5 says an arrest or detention 'should' be made by the authority of the territory where the person is apprehended. What the statement leaves out is that the UK-EU Agreement in respect of Gibraltar also gives the Spanish authorities functions in Gibraltar that are not subject to the instructions of the Gibraltar authorities in the same way. Article 33(4)(c)(ii) gives them the right to arrest, search, detain and interview in the course of border control, in accordance with Spanish, EU and international law, and Article 33(4)(b) gives them border surveillance functions including apprehending persons who have crossed the border illegally. The Gibraltar authorities 'shall, where necessary, assist' them (Article 33(5)). Pursuing officers may also carry service weapons (Arrangement , paragraph 6.4(d)). The phrase 'boots subject to our control' is the speaker's description and is not graded. The provisions read are Articles 33 to 35 and 55 to 58 and Arrangements and 5.
Where: Gibraltar Parliament, Hansard, Tuesday 31 March 2026, morning session, page 21 (Treaty Bill, Committee Stage, clause 43, proposed new sub-clause 7)
The words: "which will provide that the implementation regulations may make provision as to conditions for entitlement of identity cards or residence permits, conditions relating to public service and benefits, and any other matters connected or incidental to residence in Gibraltar."
Checked against: "Implementation Regulations may make provision as to- (a) conditions for entitlement to identity cards or residence permits; (b) conditions relating to public services and benefits; (c) any other matter connected or incidental to residence in Gibraltar." (Treaty on Gibraltar and the European Union Act 2026, section 43(7)); "The Government shall ensure that identity cards and residence permits issued in Gibraltar are issued only to persons who meet the conditions for entitlement to such identity card or residence permit as set out in domestic law in force on the Implementation Date." (Treaty on Gibraltar and the European Union Act 2026, section 43(3))
Grade: Under review. Gibraltar's 2026 Act that brings the treaty into Gibraltar law, as passed, contains the sub-clause the Chief Minister described: Implementation Regulations may make provision on the conditions for entitlement to identity cards or residence permits, conditions relating to public services and benefits, and any other matter connected with or incidental to residence in Gibraltar. The statement matches it, and it says may, as the Act does. What it leaves out is how that power sits with the rest of the same section. The Act says identity cards and residence permits are to be issued only to people who meet the conditions in Gibraltar law in force on the Implementation Date. It requires the Government to inform the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) of any proposed change to those conditions, and this is subject to the limits in the treaty's rules on residence documents. The Act also limits Implementation Regulations to what appears necessary or expedient for an implementation purpose. The provisions read are the Act's sections on Implementation Regulations and on residence, and the treaty's article on residence documents.
Grade: Under review. Section 43(7) of the Treaty on Gibraltar and the European Union Act 2026 as passed contains the sub-clause the Chief Minister described: Implementation Regulations may make provision as to conditions for entitlement to identity cards or residence permits, conditions relating to public services and benefits, and any other matter connected or incidental to residence in Gibraltar. The statement matches it, and it says 'may', as the Act does. What it leaves out is how that power sits with the rest of section 43. Section 43(3) says identity cards and residence permits are to be issued only to people who meet the conditions in domestic law in force on the Implementation Date. Section 43(4) requires the Government to inform the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) of any proposed change to those conditions, and it is subject to the limits in Article 45(4) of the treaty. Section 13(1) also limits Implementation Regulations to what appears necessary or expedient for an implementation purpose. The provisions read are sections 13 and 43 of the Act and Article 45.
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.
Where: Gibraltar Parliament, Hansard, Tuesday 31 March 2026, morning session, page 5 (Bills on the environment)
The words: "the agreement between the UK and the EU, specifically Part 3, Chapter 5, require that EU laws relating to the environment and climate change be incorporated into Gibraltar law"
Checked against: "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." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 219(4)); "The Parties affirm the right of each Party to set its policies and priorities in the areas covered by this Chapter" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 219(1))
Grade: Shaded. The treaty's chapter on environment and climate requires the UK, for Gibraltar, to keep environmental and climate levels of protection equivalent to the levels in place in the EU, including by effectively enforcing environmental and climate law. The treaty defines levels of protection by area. It affirms each side's right to set its policies and priorities, and requires an effective carbon pricing system of equivalent scope and effectiveness. The chapter contains no provision that requires EU laws on the environment and climate to be incorporated into Gibraltar law as such; the duty is one of equivalent levels of protection. The treaty requires the UK, for Gibraltar, to have in place the same provisions as the EU acts listed in its annexes, and the annexes on aviation and on road transport do list acts; no annex listing environmental acts for the environment and climate chapter was found. The words 'be incorporated' read more widely than the text.
Grade: Shaded. Part Three, Title I, Chapter 5 of the UK-EU Agreement in respect of Gibraltar covers environment and climate (Articles 218 to 223). Article 219(4) requires the UK, for Gibraltar, to uphold environmental and climate levels of protection 'equivalent to the levels in place in the Union', including by effectively enforcing environmental and climate law. Article 218 defines 'levels of protection' by area. Article 219(1) affirms each Party's right to set its policies and priorities, and Article 220 requires an effective carbon pricing system of equivalent scope and effectiveness. Chapter 5 contains no provision that requires EU laws on the environment and climate to be incorporated into Gibraltar law as such; the duty is one of equivalent levels of protection. Article 19 requires the UK, for Gibraltar, to have in place the same provisions as the EU acts listed in the treaty's annexes, and Annex 25 (aviation) and Annex 27 (road transport) do list acts; no annex listing environmental acts for Chapter 5 was found. The words 'be incorporated' read more widely than Article 219(4). The provisions read are Articles 217 to 223.
Where: Gibraltar Parliament, Questions for Written Answer, July 2026, Question W18/2026, page 4 (microcars and other illegal vehicles at the border after the Treaty)
The words: "Post treaty, the border will be manned by RGP and HM Customs officers who would identify and deal with illegal vehicles entering Gibraltar such as microcars, quads and 50cc motorcycles."
Checked against: "The Parties shall ensure that persons may circulate between Gibraltar and the Member States applying the Schengen acquis in full without border checks being carried out" (Agreement, Article 30(1)); "controls and checks may be implemented by the competent authorities of the United Kingdom, in respect of Gibraltar, on those goods carried by travellers between the Union and Gibraltar at any moment and at any point on their respective customs territory, including the land border, when considered necessary." (Agreement, Annex 23, Article 22(3))
Grade: Shaded. Under the treaty, people may move between Gibraltar and the EU countries applying the Schengen rules in full without border checks being carried out. The treaty lets the competent authorities of the UK, for Gibraltar, check goods carried by travellers when they consider it necessary, and provides for enhanced police checks where necessary, on the basis of a risk assessment. "The border will be manned" states as a general rule what the text makes conditional on necessity or risk, so it reads wider than the text.
Grade: Shaded. Under Article 30(1) persons may circulate between Gibraltar and the EU countries applying the Schengen rules in full 'without border checks being carried out'. Annex 23, Article 22(3) lets the competent authorities of the UK, for Gibraltar, check goods carried by travellers 'when considered necessary', and Article 62(1) provides for enhanced police checks 'where necessary, on the basis of a risk assessment'. 'The border will be manned' states as a general rule what the text makes conditional on necessity or risk, so it reads wider than the text. The provisions read are Articles 30(1) and 62 and Annex 23, Article 22(3).
What would settle it: Which officers will be on duty at the land frontier after provisional application starts, and under which Gibraltar law may they stop and deal with vehicles that are illegal in Gibraltar? (Question 2.91 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Thursday 2 July 2026, afternoon session, page 5 (Question 259/2026, Implementation of the EU Treaty - Security cameras, supplementary answers)
The words: "there is nothing in the Treaty that requires the installation of one camera"
Checked against: "the implementation plan includes the removal of all infrastructure linked to the current Fence (e.g., shelters, canopies, cameras, fencing)" (Administrative Arrangement on Implementation, implementation plan, first phase); "The infrastructure at these border crossing points shall be compliant with the relevant requirements set out in the Schengen Borders Code and in particular point 2 (Air borders) and point 3 (Sea borders) of Annex VI thereto" (Agreement, Annex 7, paragraph 2)
Grade: Under review. The statement is about what the treaty (the UK-EU Agreement in respect of Gibraltar) requires. The treaty (with its annexes and protocols) and all seven administrative arrangements were searched for the words camera, cameras, CCTV, video, facial, monitoring equipment and technical equipment. The only place 'cameras' appears is Arrangement (Implementation). It lists cameras among the equipment at the current fence that is to be removed, so it points the other way. Annex 7 sets out what the border crossing points at the port and airport need: infrastructure that meets the Schengen Borders Code, separate lanes and separate passenger flows. It does not mention cameras. No provision in the held texts requires cameras. But Annex 7, paragraph 2, makes the infrastructure at the border crossing points compliant with the requirements of the Schengen Borders Code, and that Code is not among the documents held, so its own annexes could not be read. Whether the treaty, through the Code, requires cameras is therefore left under review.
What would settle it: Do the points on air borders and sea borders in an annex to the Schengen Borders Code, to which the treaty's annex on the border crossing points at Gibraltar port and airport refers, require cameras or other surveillance equipment at the border crossing points? (Question 2.92 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Thursday 2 July 2026, afternoon session, page 28 (Questions 275, 276 and 277/2026, EU-UK Treaty, Concordat progress, supplementary answer)
The words: "there would be no circumstances in respect of which anything would be done under the terms of the agreement by the United Kingdom which would be contrary to the position of the people of Gibraltar"
Checked against: "the United Kingdom Government will not, other than in the most exceptional circumstances, take the necessary steps with a view of terminating the Agreement unless termination is supported by" (Concordat between the UK Government and the Government of Gibraltar, signed 14 July 2026, section 'Termination and Suspension'); "The UK will, other than in the most exceptional circumstances, seek prior agreement of the Government of Gibraltar before taking any significant actions under the Agreement" (Concordat, section 'Significant Actions'); "would not do, or omit to do, anything contrary to those wishes in all but truly exceptional circumstances" (Letter from the Minister of State for Europe to the Chief Minister, 13 July 2026)
Grade: Contradicted. Said before the UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar was signed on 14 July 2026; graded against the signed text. No draft of the Concordat is held to compare. The words say there would be no circumstances at all. The Concordat as signed on 14 July 2026 uses the phrase 'other than in the most exceptional circumstances' in four sections: Cooperation, Significant Actions, Dispute resolution, and Termination and Suspension. So it provides for exceptions. It also says the UK will 'seek' prior agreement (not that it must obtain it), and for suspension of the treaty it says the UK 'will take its opinion duly into account'. The UK Minister's letter of 13 July 2026 describes the phrase as setting 'an extremely high threshold' and says it would apply 'only in the most extreme cases, such as where there was grave impact on the United Kingdom's essential interests'. When this was said on 2 July the Concordat had not been signed; the speaker referred to the position 'once the Concordat is finalised'. The grade compares the words with the signed text, as the Concordat took effect on 14 July 2026.
Where: Gibraltar Parliament, Hansard, Thursday 2 July 2026, afternoon session, page 29 (Question 278/2026, EU-UK Treaty - Administrative Arrangements on Police Co-operation and Border Control, answer)
The words: "all administrative arrangements have been settled and that they will enter into operation from 15th July, this being the date from which the treaty will provisionally apply. There are 7 in total: one on implementation and plans for implementation generally, one on border checks and border surveillance, one on police cooperation, another one on goods and customs, one on military goods and persons, one on the environment and one on social security coordination."
Checked against: "This Arrangement will come into effect on the date of last signature and into operation from the date of entry into force of the Agreement." (Administrative Arrangement on Customs, Final Provisions 1.1 (the other six arrangements carry the same wording in their final paragraphs)); "Signed at Madrid on 25th June 2026." (Each of the seven administrative arrangements, last page); "as references to the date from which this Agreement is provisionally applied" (Agreement, Article 336(4))
Grade: Incomplete. Seven administrative arrangements are held, one for each of these subjects: (1) implementation; (2) movement of certain categories of people and goods (this covers the non-resident UK forces and goods for the official use of the Ministry of Defence, which matches 'military goods and persons'); (3) environmental matters; (4) how Schengen border checks and border surveillance will be carried out; (5) continued surveillance and uninterrupted pursuit (the police arrangement, which matches 'police cooperation'); (6) social security coordination; (7) customs (goods and customs). That is seven, and the subjects match the list given. All seven were signed at Madrid on 25 June 2026. Each says it comes into operation from the date the treaty enters into force, and the treaty says that, for provisional application, this means the date from which the treaty is provisionally applied. The treaty lets the two sides agree a date for provisional application; a Legal Notice of 2026 makes Gibraltar's 2026 Act that brings the treaty into Gibraltar law take effect on 15 July 2026. The statement does not say that every part of every arrangement is finished on 15 July: the arrangement on implementation phases its works to before 1 January 2028, and the arrangement on customs runs through the treaty's transitional phase, and the statement does not claim otherwise. What the statement leaves out is the condition on the start date: provisional application from 15 July depends on the two sides first notifying each other that the implementation plan and the named arrangements are in effect and have been fully implemented, and that the treaty's measures on monitoring and tracking tobacco are in place. The provisions read are listed in the texts.
Grade: Incomplete. Seven administrative arrangements are held, one for each of these subjects: (1) Implementation; (2) Mobility of certain categories of persons and goods (this covers the non-resident UK forces under Article 38 and goods for the official use of the Ministry of Defence under Article 260, which matches 'military goods and persons'); (3) Environmental matters; (4) How Schengen border checks and border surveillance will be conducted; (5) Continued surveillance and uninterrupted pursuit (the police arrangement under Articles 55 and 56, which matches 'police cooperation'); (6) Social security coordination; (7) Customs (goods and customs). That is seven, and the subjects match the list given. All seven were signed at Madrid on 25 June 2026. Each says it comes into operation from the date of entry into force of the UK-EU Agreement in respect of Gibraltar, and Article 336(4) of the treaty says that, for provisional application, that phrase means the date from which the treaty is provisionally applied. Article 336(2) lets the Parties agree a date for provisional application; the notice that brings the Treaty on Gibraltar and the European Union Act 2026 into effect on 15 July 2026 is LN.2026/148. The statement does not say that every part of every arrangement is finished on 15 July: Arrangement (the administrative arrangement on implementation) phases its works to before 1 January 2028 and Arrangement (the administrative arrangement on customs) runs through the transitional phase in Article 247(3), and the statement does not claim otherwise. What the statement leaves out is the condition on the start date: provisional application from 15 July depends on the Parties first notifying each other that the implementation plan and the named arrangements are in effect and have been fully implemented, and that the measures described in Article 258 are in place (Article 336(2)). The provisions read are Article 336(2) and (4), Arrangement paragraph 4.1 and the final provisions of Arrangements to 7.
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.
Where: Gibraltar Parliament, Hansard, Thursday 2 July 2026, afternoon session, page 29 (Question 278/2026, answer)
The words: "Each administrative arrangement has a hook in the Treaty explaining what they are for."
Checked against: "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" (Agreement, Article 336(2)); "The Committee will discuss environmental matters listed in Article 218(1) of the Agreement" (Administrative Arrangement on Environmental Matters, paragraph 2)
Grade: Shaded. The words are accurate for six of the seven administrative arrangements between the UK, for Gibraltar, and Spain, and read as if they cover all seven. The treaty names the provisions that call for an arrangement, and the protocol on social security coordination. These give a basis in the treaty for the arrangements on implementation, border checks and surveillance, the forces and official goods, continued surveillance and pursuit, customs, and social security (the protocol). For the environmental arrangement no provision of the treaty was found that calls for it. The treaty was searched for the words administrative arrangement in its Volumes I and II. The arrangement itself refers to a treaty provision for the subjects its committee will discuss, but that provision lists environmental topics and does not call for an arrangement. Another provision only says the EU-UK treaty committees are told about arrangements concluded on matters relating to implementation.
Grade: Shaded. The words are accurate for six of the seven administrative arrangements between the UK, for Gibraltar, and Spain (Arrangements to ) and read as if they cover all seven. Article 336(2) names the Articles that call for an arrangement (29, 33, 38, 55, 56, 251, 260 and 265) and the Protocol on Social Security Coordination. These give a basis in the UK-EU Agreement in respect of Gibraltar for the arrangements on implementation (Article 7 and Article 336(2)), border checks and surveillance (Articles 29 and 33), the forces and official goods (Articles 38 and 260), continued surveillance and pursuit (Articles 55 and 56), customs (Article 251) and social security (the Protocol). For the environmental arrangement no Article of the treaty was found that calls for it. The treaty was searched for 'administrative arrangement' in Volumes I and II. The arrangement itself refers to Article 218(1) for the subjects its committee will discuss, but that Article lists environmental topics and does not call for an arrangement. Article 23(3) only says the EU-UK treaty committees are told about arrangements concluded on matters relating to implementation.
Where: Gibraltar Parliament, Hansard, Thursday 2 July 2026, afternoon session, page 30 (Question 279/2026, EU-UK Treaty - Unfavourable post-Treaty scenario for British tourism, answer)
The words: "We will align our own equivalent short stay limit of three months to that same condition so that it applies not only to time spent in Gibraltar, but to time spent in Gibraltar and the Schengen Area cumulatively."
Checked against: "entry conditions required by the competent authorities of the United Kingdom, in respect of Gibraltar, and the competent authorities of the Kingdom of Spain shall be cumulative. The United Kingdom, in respect of Gibraltar, undertakes to align entry conditions under the law of the United Kingdom, in respect of Gibraltar, to those applicable under Union law." (Agreement, Article 29(7)); "refuse entry to third-country nationals who do not fulfil the entry conditions laid down in Article 6(1) of the Schengen Borders Code, other than persons resident in Gibraltar" (Agreement, Article 33(4)(a)(ii))
Grade: Incomplete. True as far as it goes. The treaty says the entry conditions required by the competent authorities of the UK, for Gibraltar, and by Spain's competent authorities are cumulative, and that the UK, for Gibraltar, undertakes to align Gibraltar's entry conditions with those under EU law. The treaty lets the Spanish authorities refuse entry to third-country nationals who do not meet the conditions in a provision of the Schengen Borders Code. What the statement leaves out: (1) the undertaking of the UK, for Gibraltar, is about entry conditions in general, and the treaty does not itself set out how days spent in Gibraltar are counted against the 90-in-180-day limit. That limit is set out in the Schengen Borders Code. (2) The rule on cumulative conditions applies without affecting two other rules of the treaty, and one of those, together with the rule on refusals by Spain, treats persons resident in Gibraltar differently. The treaty text does not mention a three-month limit.
Grade: Incomplete. True as far as it goes. Article 29(7) says the entry conditions required by the competent authorities of the UK, for Gibraltar, and by the competent authorities of the Kingdom of Spain are cumulative, and that the UK, for Gibraltar, undertakes to align Gibraltar's entry conditions with those under EU law. Article 33(4)(a)(ii) lets the Spanish authorities refuse entry to third-country nationals who do not meet the conditions in Article 6(1) of the Schengen Borders Code. What the statement leaves out: (1) the undertaking in Article 29(7) is about entry conditions in general, and the UK-EU Agreement in respect of Gibraltar does not itself set out how days spent in Gibraltar are counted against the 90-in-180-day limit. That limit is set out in the Schengen Borders Code, Article 6(1). (2) Article 29(7) is 'without prejudice' to Articles 32(3) and 43, and Articles 33(4)(a)(ii) and 43 treat persons resident in Gibraltar differently. The treaty text does not mention a three-month limit.
Where: Gibraltar Parliament, Hansard, Thursday 2 July 2026, afternoon session, page 32 (Question 279/2026, answer)
The words: "the airport is going to be open not just to flights from Spain, but flights from the whole of the European Union"
Checked against: "Air transport services between Gibraltar airport and points in the Union territory may be provided only by air carriers of the Union or by air carriers authorised under Union law." (Agreement, Article 272(2)); "to physically separate the flows of passengers on flights to or from Member States applying the Schengen acquis in full from the flows of passengers on other flights" (Agreement, Annex 7, paragraph 3)
Grade: Incomplete. True as far as it goes. The treaty allows air services between Gibraltar airport and points in the EU, which covers Spain and the other EU countries. What the statement leaves out: the services may be provided only by EU carriers or carriers authorised under EU law, and they must be provided in line with EU law. The treaty also requires separate passenger flows for flights to or from Schengen States and other flights, so the airport infrastructure has to allow that. The statement says nothing of these conditions.
Grade: Incomplete. True as far as it goes. Article 272(2) allows air transport services between Gibraltar airport and points in the EU territory, which covers Spain and the other EU countries. What the statement leaves out: the services may be provided 'only by air carriers of the Union or by air carriers authorised under Union law', and they must be provided 'in accordance with Union law' (Article 272(2)). Annex 7, paragraph 3 also requires separate passenger flows for flights to or from Schengen States and other flights, so the airport infrastructure has to allow that. The statement says nothing of these conditions.
Where: Gibraltar Parliament, Hansard, Thursday 2 July 2026, afternoon session, page 34 (Questions 245, 246 and 247/2026, Data Centre, supplementary answer)
The words: "the transaction tax itself moves in stages and secondly, that it is linked to the lowest level of VAT. So, if the lowest level of VAT went up in the EU, we are committed to not go below that figure."
Checked against: "the standard rate shall be set at not less than the lowest standard VAT rate applied by a Member State, which at the time of signature of this Agreement is 17 %." (Agreement, Annex 24, Article 2(3)(a)); "the lower rate that may be proposed by the independent consultative body would never be lower than two percentage points below the lowest standard rate of VAT applied by any Member State." (Agreement, Annex 24, Article 2(3)(a)(ii))
Grade: Incomplete. True as far as it goes. The treaty sets the standard rate of transaction tax at not less than the lowest standard VAT rate in any EU country (17% at signature), and lets Gibraltar reach it in three steps: 15%, 16%, then 17% or whatever rate is the lowest applied by any EU country at that time. So the stages and the link to the lowest VAT rate are in the text, and the floor rises if the lowest VAT rate rises. What 'not go below that figure' leaves out: the independent consultative body may recommend a lower rate for selected goods, and that lower rate may be up to two percentage points below the lowest standard rate in any EU country. Reduced rates of 5% and 0% also apply to listed goods. If the independent consultative body establishes a distortion, the UK, for Gibraltar, must adjust Gibraltar's indirect tax rates as the body recommends, within the limits set in the treaty's annex on the tax.
Grade: Incomplete. True as far as it goes. Annex 24, Article 2(3)(a) sets the standard rate of transaction tax at not less than the lowest standard VAT rate in any EU country (17% at signature), and lets Gibraltar reach it in three steps: 15%, 16%, then 17% 'or such rate as may be the lowest applied by any Member State at that time'. So the stages and the link to the lowest VAT rate are in the text, and the floor rises if the lowest VAT rate rises. What 'not go below that figure' leaves out: the independent consultative body may recommend a lower rate for selected goods, and that lower rate may be up to two percentage points below the lowest EU country standard rate (Article 2(3)(a)(ii)). Reduced rates of 5% and 0% also apply to listed goods (Annex 24, Appendix 1). Under Article 248(6), if the independent consultative body establishes a distortion, the UK, for Gibraltar, must adjust Gibraltar's indirect tax rates as the body recommends, within the limits in Articles 2 and 6 of Annex 24.
Where: Gibraltar Parliament, Hansard, Thursday 2 July 2026, afternoon session, page 34 (Questions 245, 246 and 247/2026, answer); the same point is made at page 35 and page 38
The words: "it will apply to any components that are imported in the same way that it applies to any other similar materials that are imported for any other business"
Checked against: "Goods shall be exempt from the transaction tax where, had such goods been imported, supplied or acquired in the Union, they would have benefited from a mandatory exemption from VAT." (Agreement, Annex 24, Article 4(1)); "Gibraltar shall apply a super-reduced rate of transaction tax of 0 % to goods falling within the following product categories:" (Agreement, Annex 24, Appendix 1, Article 2)
Grade: Incomplete. True as far as it goes. Goods imported into Gibraltar are charged transaction tax (under the treaty and Gibraltar's 2026 Act that brings the treaty into Gibraltar law), and the text makes no special rule for components for a particular project. What the statement leaves out: goods are exempt where they would have had a mandatory VAT exemption in the EU, and a reduced rate of 5% and a rate of 0% apply to listed categories. 'Any components' and 'in the same way' therefore read wider than the text, which has exemptions and lower rates.
Grade: Incomplete. True as far as it goes. Goods imported into Gibraltar are charged transaction tax (Annex 24, Article 1(1); Act, section 98(1)), and the text makes no special rule for components for a particular project. What the statement leaves out: goods are exempt where they would have had a mandatory VAT exemption in the EU (Annex 24, Article 4(1)); a reduced rate of 5% and a rate of 0% apply to listed categories (Annex 24, Appendix 1). 'Any components' and 'in the same way' therefore read wider than the text, which has exemptions and lower rates.
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.
Where: Gibraltar Parliament, Hansard, Thursday 2 July 2026, afternoon session, page 38 (Questions 245, 246 and 247/2026, supplementary answer)
The words: "if something is within the EU, it will be taxed less than if something is an external input"
Checked against: "No customs duties on imports or exports or charges having equivalent effect shall be applied between the Union and Gibraltar." (Agreement, Article 243); "where, within the special fiscal or customs procedures established in Annexes 19 and 21, Union goods are put on the market in Gibraltar or a customs debt has arisen for non-Union goods" (Agreement, Annex 24, Article 1(1)(c))
Grade: Incomplete. True as far as it goes. The treaty bars customs duties between the EU and Gibraltar, while its annex on the transaction tax shows that a customs debt can arise for non-EU goods. The transaction tax rate does not depend on where the goods come from. So goods from outside the customs union can carry customs duty on top of the same transaction tax. What the statement leaves out: whether any duty arises, and how much, depends on the EU tariff for the goods, and that tariff is not among the documents held. The rate for a given good may be low or nil, so 'will be taxed less' is wider than the text on its own.
Grade: Incomplete. True as far as it goes. Article 243 bars customs duties between the EU and Gibraltar, while Annex 24, Article 1(1)(c) shows that a customs debt can arise for non-EU goods. The transaction tax rate does not depend on where the goods come from (Annex 24, Articles 1 to 3). So goods from outside the customs union can carry customs duty on top of the same transaction tax. What the statement leaves out: whether any duty arises, and how much, depends on the EU tariff for the goods, and that tariff is not among the documents held. The rate for a given good may be low or nil, so 'will be taxed less' is wider than the text on its own.
Where: Gibraltar Parliament, Hansard, Thursday 2 July 2026, afternoon session, page 34 (Questions 245, 246 and 247/2026, answer)
The words: "that transaction tax would be for the Gibraltar economy because we do not pass that on to the EU"
Checked against: "The transaction tax, and excise duty, where applicable, shall be charged and collected by the competent authorities of the United Kingdom, in respect of Gibraltar" (Agreement, Annex 24, Article 1(1)); "The Collector must ensure that any transaction tax collected under this section is paid into the consolidated fund." (Treaty on Gibraltar and the European Union Act 2026, section 98(3))
Grade: Shaded. The treaty has the competent authorities of the UK, for Gibraltar, charge and collect the transaction tax, and Gibraltar's 2026 Act that brings the treaty into Gibraltar law has the Collector collect it and pay it into the consolidated fund. The statement says the tax is 'for the Gibraltar economy because we do not pass that on to the EU'. That reads wider than the text, which attaches an exception: during any period in which the EU levies VAT and excise on goods under the treaty provision that contains this exception, the rules requiring the UK, for Gibraltar, to levy transaction tax and excise duties on those goods do not apply, and the VAT and excise duties collected by the EU country concerned are kept by that EU country.
Grade: Shaded. Annex 24, Article 1(1) has the competent authorities of the UK, for Gibraltar, charge and collect the transaction tax, and section 98(2) and (3) of the Treaty on Gibraltar and the European Union Act 2026 has the Collector collect it and pay it into the consolidated fund. The statement says the tax is 'for the Gibraltar economy because we do not pass that on to the EU'. That reads wider than the text, which attaches an exception: under Article 249(9), 'During any period that the Union levies VAT and excise on goods pursuant to this Article', the provisions requiring the UK, for Gibraltar, to levy transaction tax and excise duties on those goods do not apply, and under Article 249(11) the amounts of VAT and excise duties collected by the EU country concerned are kept by that EU country. The provisions read are Annex 24, Article 1(1), section 98(2) and (3) of the Act and Article 249(9) and (11).
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.
Where: Gibraltar Parliament, Hansard, Thursday 2 July 2026, afternoon session, page 35 (Questions 245, 246 and 247/2026, Data Centre, supplementary answer)
The words: "We have got in the treaty the electricity that we sell to our customers does not pay transaction tax and does not pay VAT like they do in Spain"
Checked against: "liquefied natural gas imported and used for the production of electricity as well as electricity produced in Gibraltar shall be exempted from transaction tax and excise duty." (Agreement, Annex 24, Article 4(2)); "Liquefied Natural Gas imported and used for the production of electricity and electricity produced in Gibraltar are exempted from transaction tax." (Treaty on Gibraltar and the European Union Act 2026, section 101(3))
Grade: Incomplete. True as far as it goes. The treaty exempts electricity produced in Gibraltar from transaction tax (and from excise duty), and also exempts liquefied natural gas imported and used to produce electricity. Gibraltar's 2026 Act that brings the treaty into Gibraltar law repeats the transaction tax exemption. What the statement leaves out: the exemption is for electricity produced in Gibraltar. 'The electricity that we sell to our customers' is wider if some of it is brought in from outside, because the treaty does not say, either way, whether imported electricity is exempt. The same answer discusses importing electricity.
Grade: Incomplete. True as far as it goes. Annex 24, Article 4(2) exempts electricity 'produced in Gibraltar' from transaction tax (and from excise duty), and also exempts liquefied natural gas imported and used to produce electricity. Section 101(3) of the Treaty on Gibraltar and the European Union Act 2026 repeats the transaction tax exemption. What the statement leaves out: the exemption is for electricity produced in Gibraltar. 'The electricity that we sell to our customers' is wider if some of it is brought in from outside, because the UK-EU Agreement in respect of Gibraltar does not say, either way, whether imported electricity is exempt. The same answer discusses importing electricity.
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.
Where: Gibraltar Parliament, Hansard, Tuesday 7 July 2026, morning session, Budget, Appropriation Bill 2026, Second Reading, page 6
Also reported: Government of Gibraltar press release 536/2026 (published text of the Chief Minister's Budget Address), paragraph 123
The words: "the relevant UK powers in the agreement can only be exercised in accordance with the wishes and consent of the Government of Gibraltar"
Checked against: "The UK will, other than in the most exceptional circumstances, seek prior agreement of the Government of Gibraltar before taking any significant actions under the Agreement" (Concordat, signed 14 July 2026, section 'Significant Actions'); "the United Kingdom will, other than in the most exceptional circumstances, fully consult the Gibraltar Government and follow its wishes and views in relation to every aspect of the dispute settlement procedure" (Concordat, section 'Dispute resolution'); "will take its opinion duly into account" (Concordat, section 'Termination and Suspension' (suspension of obligations under Article 67))
Grade: Contradicted. The statement says the UK powers in the treaty ‘can only be exercised in accordance with the wishes and consent of the Government of Gibraltar’. The UK-Gibraltar Concordat on putting the treaty into effect is less absolute, and for some powers it requires consultation, not consent. Its commitments apply except in the most exceptional circumstances, and only in areas that are the Gibraltar Government’s responsibility under the Gibraltar Constitution Order 2006. For significant actions the UK is to seek prior agreement; in a dispute it is to consult the Gibraltar Government fully and follow its wishes and views. For ending the treaty under either of its two provisions on termination, the UK will use its powers only after full consultation with the Government of Gibraltar, and, except in the most exceptional circumstances, will not take the steps needed to end it unless ending it is supported by a motion carried by a majority of at least three-quarters of the Members of the Gibraltar Parliament or by a simple majority of the votes cast in a referendum. For suspending obligations under the treaty’s provision on suspension, it will act only after full consultation with the Government of Gibraltar and will take its opinion duly into account. On these points the statement’s ‘only’ and ‘consent’ are contrary to the Concordat.
Grade: Contradicted. The statement says the UK powers in the UK-EU Agreement in respect of Gibraltar 'can only be exercised in accordance with the wishes and consent of the Government of Gibraltar'. The UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar is less absolute, and for some powers it requires consultation, not consent. Its commitments apply 'other than in the most exceptional circumstances', and only in areas of the Gibraltar Government's responsibilities under the Gibraltar Constitution Order 2006. For significant actions the UK is to 'seek prior agreement'; in a dispute it is to 'fully consult the Gibraltar Government and follow its wishes and views'. For terminating the treaty under Article 66 or Article 334 it will exercise its powers 'only following full consultation with the Government of Gibraltar', and will not, other than in the most exceptional circumstances, take the necessary steps to terminate unless termination is supported by a motion carried by a majority of at least three-quarters of the Members of the Gibraltar Parliament or by a simple majority of the votes cast in a referendum. For the suspension of obligations under Article 67 it will only act 'following full consultation with the Government of Gibraltar' and 'will take its opinion duly into account'. On these points the statement's 'only' and 'consent' are contrary to the Concordat. The provisions read are the Concordat's sections on Cooperation, Significant Actions, Dispute resolution, and Termination and Suspension, and Articles 4, 66, 67 and 334 of the treaty.
Where: Gibraltar Parliament, Hansard, Tuesday 7 July 2026, morning session, Budget, Appropriation Bill 2026, Second Reading, page 6
Also reported: Government of Gibraltar press release 536/2026 (published text of the Chief Minister's Budget Address), paragraph 123
The words: "the people of Gibraltar have the right to determine, in referendum, whether the agreement should be terminated in future"
Checked against: "the United Kingdom Government will not, other than in the most exceptional circumstances, take the necessary steps with a view of terminating the Agreement unless termination is supported by: (a) a motion carried by a majority of at least three-quarters of the total number of Members of the Gibraltar Parliament; or (b) a simple majority of the votes cast in a referendum of all persons entitled to vote in elections to the Gibraltar Parliament;" (Concordat, signed 14 July 2026, section 'Termination and Suspension')
Grade: Incomplete. True as far as it goes. The UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar says the UK will not take the steps to terminate the treaty unless termination is supported by (b) a simple majority of votes cast in a referendum of all those entitled to vote in Gibraltar Parliament elections. What the statement leaves out: (1) the Concordat gives an alternative route, (a) a motion carried by at least three-quarters of the Members of the Gibraltar Parliament, so a referendum is one of two ways and not the only one; (2) the commitment has the exception 'other than in the most exceptional circumstances'; (3) it is a commitment by the UK Government in the Concordat, and the text does not use the words 'right to determine'. The Concordat also says the UK will exercise its termination powers 'only following full consultation with the Government of Gibraltar'.
Where: Gibraltar Parliament, Hansard, Tuesday 7 July 2026, morning session, Budget, Appropriation Bill 2026, Second Reading, page 33
Also reported: Government of Gibraltar press release 536/2026 (published text of the Chief Minister's Budget Address), paragraph 1223
The words: "Not by surrendering one inch of our British sovereignty, our jurisdiction or our control"
Checked against: "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction" (Agreement, Article 2); "the competent authorities of the Kingdom of Spain shall perform any functions which are required to exercise border control, comprising border checks and border surveillance, as set out in the Schengen Borders Code" (Agreement, Article 33(1)); "arrest, search, detain, interview, place under protection a person, or seize or search property, where it is justified in the course of border control carried out by the competent authorities of the Kingdom of Spain" (Agreement, Article 33(4)(c)(ii))
Grade: Shaded. The words are accurate on sovereignty and jurisdiction as far as the treaty's provision on sovereignty goes. It says the treaty, the arrangements and anything done under them do not prejudice or affect the legal positions of the UK and of Spain on sovereignty and jurisdiction. It protects those legal positions. It says nothing about control. The words read as if nothing is shared. The treaty does give functions to Spain in Gibraltar: the Spanish authorities carry out border control at the border crossing points at Gibraltar port and airport, including border checks, second line checks, refusing entry to certain third-country nationals, and the right to arrest, search and detain where justified in the course of that border control, in line with Spanish, EU and international law. The treaty also provides for a joint venture to run the airport. The statement does not mention these shared functions.
Grade: Shaded. The words are accurate on sovereignty and jurisdiction as far as Article 2 goes. Article 2 says the UK-EU Agreement in respect of Gibraltar, the arrangements and anything done under them are without prejudice to, and do not affect, the legal positions of the UK and of Spain on sovereignty and jurisdiction. It protects those legal positions. It says nothing about 'control'. The words read as if nothing is shared. The treaty does give functions to Spain in Gibraltar: under Article 33 the Spanish authorities perform border control at the border crossing points at Gibraltar port and airport (Article 29(1)), including border checks, second line checks, refusing entry to certain third-country nationals, and the right to arrest, search and detain where justified in the course of that border control, in accordance with Spanish, EU and international law. Article 274 also provides for a joint venture to run the airport. The statement does not mention these shared functions.
Where: Gibraltar Parliament, Hansard, Tuesday 7 July 2026, morning session, Budget, Appropriation Bill 2026, Second Reading, page 23
Also reported: Government of Gibraltar press release 536/2026 (published text of the Chief Minister's Budget Address), paragraphs 873 to 876
The words: "Because import duty now becomes the past and, in its place, we implement an entirely new line, Transaction tax."
Checked against: "No customs duties on imports or exports or charges having equivalent effect shall be applied between the Union and Gibraltar." (Agreement, Article 243); "customs clearance formalities, export formalities, and Union levy and duty collection procedures provided for in this Title that refer to the United Kingdom, in respect of Gibraltar, shall be carried out, as provided for in Article 247(3)." (Agreement, Article 246(2)); "where, within the special fiscal or customs procedures established in Annexes 19 and 21, Union goods are put on the market in Gibraltar or a customs debt has arisen for non-Union goods" (Agreement, Annex 24, Article 1(1)(c))
Grade: Incomplete. True as far as it goes. The treaty bars customs duties between the EU and Gibraltar, and brings in the transaction tax and the excise duty, which are charged in Gibraltar in place of Gibraltar's own import duty. What the statement leaves out: the treaty still provides for customs duties on goods from outside the customs union. It refers to the EU's procedures for collecting levies and duties, and to a customs debt for non-EU goods. So duty on goods from outside the customs union does not disappear. The held texts do not settle who keeps the proceeds of those duties.
Grade: Incomplete. True as far as it goes. Article 243 bars customs duties between the EU and Gibraltar, and Annex 24 introduces the transaction tax and the excise duty, which are charged in Gibraltar in place of Gibraltar's own import duty. What the statement leaves out: the UK-EU Agreement in respect of Gibraltar still provides for customs duties on goods from outside the customs union. Article 246(2) refers to 'Union levy and duty collection procedures', and Annex 24, Article 1(1)(c) refers to a 'customs debt' for non-EU goods. So duty on goods from outside the customs union does not disappear. The held texts do not settle who keeps the proceeds of those duties.
Where: Gibraltar Parliament, Hansard, Tuesday 7 July 2026, morning session, Budget, Appropriation Bill 2026, Second Reading, page 40
Also reported: Government of Gibraltar press release 536/2026 (published text of the Chief Minister's Budget Address), paragraph 1458
The words: "I am going to sign the Notice of Commencement, which will kick off the application of all these new rules with effect from midnight on the 15th of July... this notice also brings into effect the new rules on the transaction tax and the European excise duties from the 15th of July at midnight."
Checked against: "the Chief Minister has appointed the 15th July 2026 as the day the remaining provisions of the Act, that have not yet come into operation, come into operation." (Notice of Commencement, LN.2026/148, dated 7 July 2026); "These Regulations come into operation on the Implementation Date." (Commencement clause in the TGEU Implementation regulations, for example LN.2026/146 (Police Cooperation Information Exchange), regulation 2)
Grade: Verified. A Legal Notice dated 7 July 2026 appoints 15 July 2026 as the day the remaining provisions of Gibraltar's 2026 Act that brings the treaty into Gibraltar law come into operation. The history table at the front of the Act shows that the transaction tax provisions and the excise duty provisions are not in the two earlier starts (1 April 2026, and a Legal Notice of 25 June 2026), so they come into operation under this notice. The implementing regulations laid with it say they come into operation on the Implementation Date, which the Act defines to include the date agreed for the treaty's provisional application. The notice, the Act's table of start dates and the Act's definition were read; no condition on the 15 July start was found in them. The regulations start on the Implementation Date, so they follow whatever date is agreed for provisional application, and the statement treats that date as 15 July.
Grade: Verified. LN.2026/148, dated 7 July 2026, appoints 15 July 2026 as the day the remaining provisions of the Treaty on Gibraltar and the European Union Act 2026 come into operation. The history table at the front of the Act shows that the transaction tax provisions (sections 98 to 102) and the excise duty provisions (sections 103 to 110) are not in the two earlier commencements (1 April 2026 and LN.2026/129 of 25 June 2026), so they come into operation under this notice. The implementing regulations laid with it say they come into operation 'on the Implementation Date', which section 6 of the Act defines to include the date agreed for provisional application. The notice, the commencement table of the Act and section 6 were read; no condition on the 15 July start was found in them. The regulations start on the Implementation Date, so they follow whatever date is agreed for provisional application, and the statement treats that date as 15 July.
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.
Where: Gibraltar Parliament, Hansard, Tuesday 7 July 2026, morning session, Budget, Appropriation Bill 2026, Second Reading, page 40
The words: "the transaction tax payable in respect of vehicles should be the standard rate, starting this year at 15%, not the higher rates which have been payable to date. There will be no difference between the nature of the individual or entity making the importation."
Checked against: "Goods shall be exempt from the transaction tax where, had such goods been imported, supplied or acquired in the Union, they would have benefited from a mandatory exemption from VAT." (Agreement, Annex 24, Article 4(1)); "shall be allowed free of customs duties and indirect taxation on presentation of a triptyque" (Agreement, Article 260(3) (service vehicles and private vehicles of non-resident UK forces))
Grade: Incomplete. True as far as it goes. The treaty's lists of reduced-rate (5%) and zero-rate goods do not include motor vehicles, so the standard rate applies to them: 15% in year 1 (under the treaty and Gibraltar's 2026 Act that brings the treaty into Gibraltar law). What the statement leaves out: 'no difference between the nature of the individual or entity' is wider than the text. The treaty allows the temporary admission of service vehicles of non-resident UK forces, and of their private vehicles, free of customs duties and indirect taxation. It also exempts goods that would have had a mandatory VAT exemption in the EU.
Grade: Incomplete. True as far as it goes. The lists of reduced-rate (5%) and zero-rate goods in Annex 24, Appendix 1 do not include motor vehicles, so the standard rate applies to them: 15% in year 1 (Annex 24, Article 2(3)(a); Act, Schedule 2, paragraph 3(1)). What the statement leaves out: 'no difference between the nature of the individual or entity' is wider than the text. Article 260(3) allows the temporary admission of service vehicles of non-resident UK forces, and of their private vehicles, free of customs duties and indirect taxation. Annex 24, Article 4(1) also exempts goods that would have had a mandatory VAT exemption in the EU.
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.
Where: Gibraltar Parliament, Hansard, Tuesday 7 July 2026, morning session, Budget, Appropriation Bill 2026, Second Reading, page 40
Also reported: Government of Gibraltar press release 536/2026 (published text of the Chief Minister's Budget Address), paragraph 1472
The words: "the dates for compulsory electrification will change, as they have throughout the EU and the United Kingdom, to 2045. Without the EU and the United Kingdom requiring earlier electrification, it will not be possible for Gibraltar to mandate it"
Checked against: none held. The treaty, its Annexes and Protocols, the Act and the Gibraltar implementing regulations were searched for 'electrification', '2045' and 'zero-emission'. No provision on dates for compulsory electrification of vehicles was found.
Grade: Untested. No held text settles it. The words say two things: that the dates for compulsory electrification are now 2045, and that Gibraltar cannot require earlier dates unless the EU and the UK do. The UK-EU Agreement in respect of Gibraltar and the Gibraltar regulations searched contain no such dates and no such limit. The vehicle rules that were found deal with other matters (for example emissions standards and clean vehicle targets).
What would settle it: Which provision of the treaty or of a Gibraltar regulation sets the dates for compulsory electrification of vehicles at 2045, and which provision stops Gibraltar from setting earlier dates? (Question 2.93 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Tuesday 7 July 2026, morning session, Budget, Appropriation Bill 2026, Second Reading, page 41
Also reported: Government of Gibraltar press release 536/2026 (published text of the Chief Minister's Budget Address), paragraphs 1476 to 1481
The words: "there will be an excise duty of the equivalent of at least 115 euros per 1,000 cigarettes... Each brand of tobacco will be no more than 15% or circa 80 cents of a euro cheaper in Gibraltar than in Spain."
Checked against: "The overall excise duty (specific duty and ad valorem duty excluding VAT) shall not be less than EUR 115 per 1 000 cigarettes. 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." (Agreement, Annex 24, Appendix 2, Section 3 (Manufactured tobacco), paragraph 3)
Grade: Incomplete. The 115 euro figure matches the text. The second figure is stated less exactly. Appendix 2 says the price difference resulting from the overall excise duty shall not exceed EUR 0.80 or 15% per packet 'whichever leads to the lower price differential'. The statement says 'no more than 15% or circa 80 cents', which can be read as either limit. The text sets the lower of the two. The text also says the rate of the ad valorem duty and the amount of the specific duty must be the same for all cigarettes, which the statement does not mention.
Where: Gibraltar Parliament, Hansard, Tuesday 7 July 2026, morning session, Budget, Appropriation Bill 2026, Second Reading, page 41
Also reported: Government of Gibraltar press release 536/2026 (published text of the Chief Minister's Budget Address), paragraph 1494
The words: "Transaction tax at 15% will be levied on costs, insurance, freight and excise for each category."
Checked against: "The taxable amount for goods imported into Gibraltar shall be determined with reference to the value for customs purposes. It shall include, insofar as these elements were not already included in the customs value: (a) taxes, duties, levies and other charges, including excise duties, due by reason of importation, excluding the transaction tax to be levied; and (b) incidental expenses, such as commission, packing, transport and insurance costs." (Agreement, Annex 24, Article 2(1))
Grade: Incomplete. The treaty and Gibraltar's 2026 Act that brings the treaty into Gibraltar law set 15% as the standard rate for year 1 only. The treaty allows the UK, for Gibraltar, to raise it to 16% in year 2 and to 17%, or the lowest rate applied by any EU country at that time, in year 3. The statement leaves this out. It also leaves out that, under the treaty, the amount taxed on goods imported into Gibraltar is worked out from their value for customs purposes, and that excise duties and incidental costs such as packing, transport and insurance are added only where they were not already included in the customs value.
Grade: Incomplete. Annex 24, Article 2(3)(a) of the UK-EU Agreement in respect of Gibraltar and Schedule 2, paragraph 3(1)(a) of the Treaty on Gibraltar and the European Union Act 2026 set 15% as the standard rate for year 1 only. The treaty allows the UK, for Gibraltar, to raise it to 16% in year 2 and to 17%, or the lowest rate applied by any EU country at that time, in year 3. The statement leaves this out. It also leaves out that, under Annex 24, Article 2(1), 'The taxable amount for goods imported into Gibraltar shall be determined with reference to the value for customs purposes', and that excise duties and incidental expenses such as packing, transport and insurance costs are added only 'insofar as these elements were not already included in the customs value'. The provisions read are Annex 24, Article 2(1) and Article 2(3)(a) and Schedule 2, paragraph 3(1)(a) of the Act.
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.
Where: Gibraltar Parliament, Hansard, Tuesday 7 July 2026, morning session, Budget, Appropriation Bill 2026, Second Reading, page 42
Also reported: Government of Gibraltar press release 536/2026 (published text of the Chief Minister's Budget Address), paragraph 1558
The words: "The Treaty will immediately allow for flights from the rest of the EU and Schengen destinations."
Checked against: "Air transport services between Gibraltar airport and points in the Union territory may be provided only by air carriers of the Union or by air carriers authorised under Union law." (Agreement, Article 272(2)); "'Member State' means a Member State of the European Union;" (Agreement, Article 3(1)(e))
Grade: Incomplete. Part of this matches. The treaty allows air transport services between Gibraltar airport and points in the EU. What the statement leaves out: (1) the services may be provided only by EU air carriers or by air carriers authorised under EU law. (2) The treaty speaks of the EU's territory. It does not name Schengen countries that are not in the EU, so 'Schengen destinations' reads wider than the treaty. (3) The treaty requires separate passenger flows for flights to or from Schengen countries and other flights. The texts do not use the word immediately; they apply from the date the treaty is provisionally applied.
Grade: Incomplete. Part of this matches. Article 272(2) allows air transport services between Gibraltar airport and points in the EU territory. What the statement leaves out: (1) the services may be provided 'only by air carriers of the Union or by air carriers authorised under Union law'. (2) Article 272(2) speaks of the EU territory. It does not name Schengen States that are not in the EU, so 'Schengen destinations' reads wider than the Article. (3) Annex 7, paragraph 3 requires separate passenger flows for flights to or from Schengen States and other flights. The provisions do not use the word 'immediately'; they apply from the date the UK-EU Agreement in respect of Gibraltar is provisionally applied (Article 336(4)).
Where: Gibraltar Parliament, Hansard, Tuesday 7 July 2026, morning session, page 23 (Appropriation Bill 2026, Second Reading, Chief Minister's Budget address)
Also reported: Government of Gibraltar press release 536/2026 (The Chief Minister's Budget Address 2026)
The words: "This year, the rate will be fixed at 15%. Next year, it will rise to 16%. Then it will settle at a rate which is no lower than the lowest... in the EU. That is currently the 17% applicable in Luxembourg. We anticipate, therefore, that 17% will be the rate of transaction taxes from year 3 of full application of the Treaty. But we must always remember that the rate is set by the formula. It is not cast in stone."
Checked against: "(a) in the period ending 12 months following the entry into force of the TGEU (year 1): 15%." and "(c) after 24 months following the entry into force of the TGEU: 17% or such rate as may be the lowest applied by any Member State at that time." (Treaty on Gibraltar and the European Union Act 2026, Schedule 2, paragraph 3(1)). Annex 24, Article 2(3)(a): "the standard rate shall be set at not less than the lowest standard VAT rate applied by a Member State, which at the time of signature of this Agreement is 17 %." Same Article: "the independent consultative body may recommend, in the context of its annual assessment under point (b) of Article 248(5), that the standard rate is adjusted upwards or downwards for all goods subject to that rate." and "the lower rate that may be proposed by the independent consultative body would never be lower than two percentage points below the lowest standard rate of VAT applied by any Member State." Act, section 99(4)(a): "the standard rate shall be set at not less than the lowest standard VAT rate applied by a Member State at that time".
Grade: Incomplete. The Chief Minister described the standard rate of transaction tax. Gibraltar's 2026 Act that brings the treaty into Gibraltar law and the treaty's annex on transaction tax match his figures: 15% in the first year after entry into force, 16% in the second, and after 24 months 17% or the lowest standard VAT rate of any EU country, if that is different. His words 'set by the formula' and 'not cast in stone' are also consistent with the text. What he left out is, first, that the years run from the entry into force of the treaty, which for provisional application means the date from which it is provisionally applied, so 15 July 2026; they are not budget years, and the 15% rate therefore continues for part of the next financial year. Two further things sit alongside the standard rate. One is that the Act sets lower fixed rates for listed goods, for example 5% on children's clothing and footwear, and the treaty's annex allows a super-reduced rate below 5% for goods on its list. The other is that the annex lets the independent consultative body recommend, for a selection of goods, a lower rate that is never more than two percentage points below the lowest standard VAT rate in the EU, and, after the three-year period, recommend that the standard rate itself be adjusted up or down for all goods. So 'no lower than the lowest' is the rule for the standard rate, with those stated exceptions.
Grade: Incomplete. The Chief Minister described the standard rate of transaction tax. The Treaty on Gibraltar and the European Union Act 2026 and Annex 24 match his figures: 15% in the first year after entry into force, 16% in the second, and after 24 months 17% or the lowest standard VAT rate of any EU country, if that is different. His words "set by the formula" and "not cast in stone" are also consistent with the text. What he left out is, first, that the years run from the entry into force of the UK-EU Agreement in respect of Gibraltar, which for provisional application means the date from which it is provisionally applied (Article 336(4)), so 15 July 2026; they are not budget years, and the 15% rate therefore continues for part of the next financial year. Two further things sit alongside the standard rate. One is that the Act sets lower fixed rates for listed goods, for example 5% on children's clothing and footwear (Schedule 2, paragraph 3(2)), and Annex 24 allows a super-reduced rate below 5% for goods in its Appendix 1 (Article 2(4)). The other is that Annex 24, Article 2(3) lets the independent consultative body recommend, for a selection of goods, a lower rate that is never more than two percentage points below the lowest standard VAT rate in the EU, and, after the three-year period, recommend that the standard rate itself be adjusted up or down for all goods. So "no lower than the lowest" is the rule for the standard rate, with those stated exceptions.
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.
Where: Gibraltar Parliament, Hansard, Tuesday 7 July 2026, morning session, page 27, repeated in substance on page 28 (Appropriation Bill 2026, Second Reading, Chief Minister's Budget address); also press release 536/2026
Also reported: Government of Gibraltar press release 536/2026 (The Chief Minister's Budget Address 2026)
The words: "we have secured this level of market interest at the same rate as we would have had with the UK sovereign guaranteeGuaranteeThe Government’s promise to pay if a borrower cannot. It is not counted as debt until it is called., without the requirement of a UK sovereign guarantee"... "Gibraltar would be able to borrow at the same rates as the UK"
Checked against: "£85,000,000 6.54% Series A Senior Notes due 23 July 2041 £374,000,000 6.70% Series B Amortising Senior Notes due 23 July 2046 £41,000,000 6.93% Series C Senior Notes due 23 July 2051" (Note Purchase Agreement dated 23 July 2026, front page).
Grade: Untested. The Note Purchase Agreement of 23 July 2026, which the Government laid before Parliament on 23 September 2026, fixes the interest rates actually agreed: 6.54% on the 15-year notes, 6.70% on the 20-year notes and 6.93% on the 25-year notes. Those figures can be read, but the statement is a comparison with something else: the rate the UK-guaranteed facility carried or would have carried, and the rate at which the UK itself borrows. The UK-EU Agreement in respect of Gibraltar does not mention a UK guarantee except in a general definition of guarantee obligations, and no held document states the rate on the guaranteed facility or the UK's own rate for the same periods. So the text cannot show whether the rates are "the same". The Chief Minister's account of what he was advised about the guarantee is also not a document that can be checked.
Where: Gibraltar Parliament, Hansard, Tuesday 7 July 2026, morning session, page 28 (Appropriation Bill 2026, Second Reading, Chief Minister's Budget address)
Also reported: Government of Gibraltar press release 536/2026 (The Chief Minister's Budget Address 2026)
The words: "It is comprised of three separate tranches of 15-year, 20-year and 25-year maturity.... The 20-year tranche features scheduled annual amortisation. Most of the financing is concentrated within the 20-year maturity profile"
Checked against: "£85,000,000 6.54% Series A Senior Notes due 23 July 2041 £374,000,000 6.70% Series B Amortising Senior Notes due 23 July 2046 £41,000,000 6.93% Series C Senior Notes due 23 July 2051" (Note Purchase Agreement dated 23 July 2026, front page). Section 8.1(b): "On 23 January 2027 and on each 23 July and 23 January thereafter to and including 23 January 2046, the Issuer will prepay £2,500,000 principal amount" of the Series B Notes (same document).
Grade: Shaded. The front page of the Note Purchase Agreement bears out three tranches maturing 15, 20 and 25 years after 23 July 2026, of £85,000,000, £374,000,000 and £41,000,000, so the 20-year tranche (Series B) is the largest. The statement speaks of 'scheduled annual amortisation' of that tranche. Section 8.1(b) sets prepayments of £2,500,000 on every 23 January and 23 July from 23 January 2027 to 23 January 2046, which is twice a year, reduced in proportion after any partial prepayment or purchase under Sections 8.2 and 8.7. The provisions read are the front page and Section 8.1(a) to (c) of the Note Purchase Agreement.
Where: Gibraltar Parliament, Hansard, Tuesday 7 July 2026, morning session, page 23 (Appropriation Bill 2026, Second Reading, Chief Minister's Budget address)
Also reported: Gibraltar Chronicle, July 2026 (report not held); Government of Gibraltar press release 536/2026
The words: "We have now drawn a further £51.5 million under that same facility, not for COVID, but for the Treaty for the security infrastructure and the measures required to keep this community safe as a new Frontier regime begins. That brings total borrowing under the facility to £475 million."
Checked against: "NatWest Bank/ RBSI £475.0m" under "The following amounts (all unsecuredSecured / unsecuredSecured: the lender can take a named asset if it is not repaid. Unsecured: there is only the promise.) were outstanding as borrowings by the Issuer as of 30 June 2026" (Note Purchase Agreement dated 23 July 2026, Schedule 5.11, Financial Indebtedness). Written question W165/2025 and its answer, Gibraltar Parliament: the question, by the Hon R M Clinton, says "the £500 million UK guaranteed NatWest facility" (questions for written answer, January 2026, page 60).
Grade: Under review. A schedule to the Government's Note Purchase Agreement lists £475.0 million owed to NatWest Bank/RBSI at 30 June 2026. That is the Government's own statement of its borrowing to the noteholders, and it matches the £475 million the Chief Minister gave a week later. A written question in Parliament, not the Government's answer to it, describes the facility as the UK-guaranteed £500 million NatWest facility, which links the NatWest lending to the guaranteed facility he was describing. The schedule does not itself say that the £475.0 million is drawn on that facility, and the date (30 June) is a week before the speech; no other document we hold gives a different total for the facility. An earlier UK written answer of August 2025 gave £425 million, which is a year older and does not conflict. Only the total is borne out. No document we hold records the £51.5 million draw or says it was made for treaty security infrastructure, so those parts cannot be set beside the text and the entry is under review.
Grade: Under review. Schedule 5.11 of the Note Purchase Agreement lists £475.0 million owed to NatWest Bank/RBSI at 30 June 2026. That is the Government's own statement of its borrowing to the noteholders, and it matches the £475 million the Chief Minister gave a week later. A written question in Parliament, not the Government's answer to it, calls the facility the "£500 million UK guaranteed NatWest facility", which links the NatWest lending to the guaranteed facility he was describing. The Schedule does not itself say that the £475.0 million is drawn on that facility, and the date (30 June) is a week before the speech; no other held document gives a different total for the facility. An earlier UK written answer of August 2025 gave £425 million, which is a year older and does not conflict. Only the total is borne out. No held document records the £51.5 million draw or says it was made for treaty security infrastructure, so those parts cannot be set beside the text and the entry is under review.
Where: Gibraltar Parliament, 2 October 2026, reply to a question from the Opposition on transaction tax business support (the Hansard of that sitting is not yet held; the words are as reported)
Also reported: Not on the parliamentary record so far; reported by the Gibraltar Chronicle, 2 October 2026 ("Transaction tax raises £7.9m since July 15, Parliament told").
The words: As reported; the record is not yet held. "until the first 3 months have concluded, we cannot make any payments"
Checked against: "where a relevant person incurs costs in respect of transaction tax within the period of 90 days beginning on the Implementation Date, that relevant person shall be entitled to claim a deduction equal to the difference between the amount of transaction tax paid by that relevant person in that period" (Transaction Tax (Deductions) Rules 2026, LN.2026/338, rule 4(1)). "allowed in computing the assessable profits of a relevant person for the accounting period or year of assessment, as the case may be" (same Rules, rule 4(5)(b)).
Grade: Incomplete. The Rules measure the relief over the first 90 days from the Implementation Date. The Implementation Date is 15 July 2026, so the 90 days run to 12 October 2026, as a Government press release also says. So the minister's reference to a first three months matches the Rules. What the statement leaves out is the form of the relief. The Rules do not provide for a payment. They give a deduction allowed when working out the assessable profits of the business for its first accounting period or year of assessment starting on or after the Implementation Date. The deduction is capped at 50% of the tax paid in the previous accounting period or year of assessment. A claim needs certification by the Office of Fair Trading and proof of payment, and the Commissioner may adjust it. The Minister may extend the 90-day period by a further 90 days on the advice of an independent committee. The Rules do not say that nothing can be claimed before the 90 days end, and they do not speak of payments. The other parts of the same reply (that separate block exemption regulations on business support would be published in September or October, and that quarterly rates invoices reflect the Budget measures) are statements of intention or of administration, not of what a text says, and are not graded here.
Grade: Incomplete. The Rules measure the relief over the first 90 days from the Implementation Date (rule 4(1)). The Implementation Date is 15 July 2026, so the 90 days run to 12 October 2026, as the Government's press release 692/2026 also says. So the minister's reference to a first three months matches the Rules. What the statement leaves out is the form of the relief. The Rules do not provide for a payment. They give a deduction "allowed in computing the assessable profits" of the business for its first accounting period or year of assessment starting on or after the Implementation Date (rule 4(5)(b)). The deduction is capped at 50% of the tax paid in the preceding accounting period or year of assessment (rule 4(5)(a)). A claim needs Office of Fair Trading certification and proof of payment (rule 4(9)), and the Commissioner may adjust it (rule 4(10)). Under rule 5 the Minister may extend the 90-day period by a further 90 days on the advice of an independent committee. The Rules do not say that nothing can be claimed before the 90 days end, and they do not use the word "payments". The other parts of the same reply (that separate block exemptionBlock exemptionThe European Union (EU) regulation that lets listed kinds of aid (training, employment, small-business, environmental) be granted without prior authorisation if its conditions are met and it is registered afterwards. regulations on business support would be published in September or October, and that quarterly rates invoices reflect the Budget measures) are statements of intention or of administration, not of what a text says, and are not graded here.
In the House of Lords committee
Where: House of Lords European Affairs Committee, oral evidence on the UK-EU Gibraltar agreement, 15 September 2026, question 18 (to Lord Jackson of Peterborough), corrected transcript
The words: "that is all the ECJ can do: it can tell us what European text means... without that mechanism having regard to the interpretation of the European Court of Justice"
Checked against: "the arbitration tribunal shall not decide on any such question. In such case, it shall request the Court of Justice of the European Union to give a ruling on the question. The Court of Justice of the European Union shall have jurisdiction to give such a ruling, which shall be binding on the arbitration tribunal." (Agreement, Article 312(1)); "shall in their implementation and application be interpreted in conformity with the relevant case law of the Court of Justice of the European Union" (Agreement, Article 20)
Grade: Incomplete. The treaty provides that where a dispute raises a question about the meaning of a concept or provision of EU law in an EU act the treaty refers to, the arbitration tribunal does not decide it; it asks the Court of Justice for a ruling, and the ruling binds the tribunal. So the Court's part in a dispute is to rule on the meaning of the EU law, and the tribunal decides the dispute. That matches "it can tell us what European text means". It leaves out two things. The ruling binds the arbitration tribunal, which is stronger than the tribunal "having regard to" the Court's interpretation. And another rule of the treaty applies outside disputes too: the provisions the treaty lists for this are to be read in line with the relevant case law of the Court. The speaker's further words, "This is not sovereignty; this is jurisprudential consistency", are a judgement and are not graded.
Grade: Incomplete. Article 312(1) provides that where a dispute raises a question of interpreting a concept or provision of EU law in an EU act referred to in the UK-EU Agreement in respect of Gibraltar, the arbitration tribunal does not decide it; it asks the Court of Justice for a ruling, and the ruling is binding on the tribunal. So the Court's part in a dispute is to rule on the meaning of the EU law, and the tribunal decides the dispute. That matches "it can tell us what European text means". It leaves out two things. The ruling is "binding on the arbitration tribunal", which is stronger than the tribunal "having regard to" the Court's interpretation. And Article 20 applies outside disputes too: the provisions in Article 19(1) are to be interpreted "in conformity with the relevant case law" of the Court. The speaker's further words, "This is not sovereignty; this is jurisprudential consistency", are a judgement and are not graded.
Where: House of Lords European Affairs Committee, oral evidence on the UK-EU Gibraltar agreement, 15 September 2026, question 18 (to Lord Jackson of Peterborough), corrected transcript
The words: "membership that can be determined, and we will no doubt go through the termination issues that you have touched upon already, in a number of different ways should the people of Gibraltar, in the exercise of their own sovereign will, so determine should they wish to leave that club"
Checked against: "Either Party may terminate this Agreement by written notification through diplomatic channels." (Agreement, Article 334); "Following completion of the evaluation referred to in Article 65 and without prejudice to Article 334, the Union, including at the request of the Kingdom of Spain, and the United Kingdom may terminate this Agreement by written notification through diplomatic channels." (Agreement, Article 66(1)); "this Agreement shall be considered terminated unless the Cooperation Council, after a careful examination of ways to continue the Agreement, decides otherwise within 90 days" (Agreement, Article 19(5)); "the United Kingdom Government will not, other than in the most exceptional circumstances, take the necessary steps with a view of terminating the Agreement unless termination is supported by" (Concordat, section "Termination and Suspension")
Grade: Shaded. The text does provide several ways in which the treaty can end, so there are "a number of different ways". Either side may end it by written notification, and it then stops being in force on the first day of the twelfth month after the notification; the EU or the UK may end it in the same way after the evaluation the treaty provides for. If the UK, for Gibraltar, does not accept a later EU act, the treaty is considered ended unless the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) decides otherwise within 90 days; the UK-Gibraltar Concordat says that, where relevant, the treaty's references to the UK, for Gibraltar, are understood to mean the Government of Gibraltar. The words "should the people of Gibraltar... so determine" read as if a decision of Gibraltar's people ends the treaty. No provision says so. The notice and evaluation routes are used by the two sides, the EU and the UK. The Concordat says the UK will not, other than in the most exceptional circumstances, take steps to end the treaty unless this is supported by a motion carried by at least three-quarters of the Members of the Gibraltar Parliament or a simple majority in a referendum. That is a limit on the UK acting without Gibraltar's support, and the Concordat does not say that the UK must end the treaty when Gibraltar's Parliament or voters so decide.
Grade: Shaded. The text does provide several ways in which the UK-EU Agreement in respect of Gibraltar can end, so there are "a number of different ways". Article 334 lets either Party end it by written notification, so that it ceases to be in force on the first day of the twelfth month after the notification, and Article 66(1) lets the EU or the UK do so in the same way after the Article 65 evaluation. Under Article 19(5), if the UK, for Gibraltar, does not accept a later EU act, the treaty is considered terminated unless the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) decides otherwise within 90 days; the UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar says that where relevant "United Kingdom, in respect of Gibraltar" is understood to refer to the Government of Gibraltar. The words "should the people of Gibraltar... so determine" read as if a decision of Gibraltar's people ends the treaty. No provision says so. Articles 334 and 66 are exercised by the Parties, the EU and the UK. The Concordat says the UK will not, other than in the most exceptional circumstances, take steps to terminate unless supported by a motion carried by at least three-quarters of the Members of the Gibraltar Parliament or a simple majority in a referendum. That is a limit on the UK acting without Gibraltar's support, and the Concordat does not say that the UK must terminate when Gibraltar's Parliament or voters so decide.
Where: House of Lords European Affairs Committee, evidence session on the treaty, 15 September 2026 (corrected transcript), session two, question 19 (Lord Brennan of Canton), answer
The words: "because we would do them as consecutive checks, one after the other, Gibraltar would make its decision and, if it permits the individual to come in, the individual goes to the Schengen check also to be permitted access to Schengen"
Checked against: "Border checks on entry shall be carried out by the competent authorities of the United Kingdom, in respect of Gibraltar, and subsequently by the competent authorities of the Kingdom of Spain." (Agreement, Article 29(5))... "entry conditions required by the competent authorities of the United Kingdom, in respect of Gibraltar, and the competent authorities of the Kingdom of Spain shall be cumulative" (Agreement, Article 29(7))
Grade: Verified. The Chief Minister is describing what happens to a person arriving at Gibraltar's port or airport. The treaty says entry checks are done first by the UK's authorities for Gibraltar and then by Spain's. It also says the entry conditions of the two sides are cumulative, so a person has to meet both. That matches his description: Gibraltar decides first, and a person Gibraltar lets in then goes to the Schengen check. The treaty provisions on these checks were read, three of them in full and one in part. No condition, exception or limit in them changes the order of the two checks on entry. Three nearby points are different cases and are not in his words. First, on exit the order is the other way round: the treaty puts Spain's check first. Second, the treaty allows escorting from the port to the airport and entry elsewhere in listed cases, but the same two checks still apply. Third, what happens to a person Gibraltar refuses is dealt with in entry 260.
Grade: Verified. The Chief Minister is describing what happens to a person arriving at Gibraltar's port or airport. Article 29(5) says entry checks are done first by the UK's authorities for Gibraltar and then by Spain's. Article 29(7) says the entry conditions of the two sides are cumulative, so a person has to satisfy both. That matches his description: Gibraltar decides first, and a person Gibraltar lets in then goes to the Schengen check. The provisions read are Articles 29, 32 and 35 in full and Article 33(1) to (4). No condition, exception or limit in them changes the order of the two checks on entry. Three nearby points are different cases and are not in his words. First, on exit the order is the other way round: Article 29(5), second sentence, puts Spain's check first. Second, Article 29(3) and (9) allow escorting from the port to the airport and entry elsewhere in listed cases, but the same two checks still apply. Third, what happens to a person Gibraltar refuses is dealt with in entry 260.
Where: House of Lords European Affairs Committee, evidence session on the treaty, 15 September 2026 (corrected transcript), session two, question 19 (Lord Brennan of Canton), answer
The words: "If we say that the individual cannot have permission to enter Gibraltar, we none the less allow them to go to the Schengen check. If they are permitted access to Schengen, they can then go into the Schengen space"
Checked against: "intend to refuse entry to a person and there is no requirement for other coercive action to be taken in accordance with Article 34(3), they shall immediately inform the competent authorities of the Kingdom of Spain at the border crossing point and escort the person to the Second Line Checks Area, where the competent authorities of Kingdom of Spain shall review whether the entry conditions under Union law are complied with" (Agreement, Article 32(2))... "shall enforce a refusal of entry in respect of third-country nationals who do not fulfil entry conditions under the law of the United Kingdom, in respect of Gibraltar, only, in accordance with Article 32" (Agreement, Article 35(1))... "shall jointly enforce a refusal of entry in respect of third-country nationals who do not fulfil entry conditions under both the law of the United Kingdom, in respect of Gibraltar, and Union law" (Agreement, Article 35(3))
Grade: Incomplete. The text bears out the main point. A person who fails only Gibraltar's entry conditions has the refusal enforced by Gibraltar alone, and Spain then reviews whether that person meets the EU's conditions. What the statement leaves out is how the text sets this up. Gibraltar's officers escort the person to the Second Line Checks Area, and Spain reviews the case there. The text does not describe a general entitlement to go on into the Schengen area. The text obliges Spain to allow entry only for listed groups: people with free-movement rights under EU law, and people with a long-stay visa or residence permit from a Schengen state who meet the entry and stay conditions. Spain may also authorise entry under a provision of the Schengen Borders Code. A person who fails both Gibraltar's conditions and the EU's has the refusal enforced jointly by both sides. The Chief Minister's further words about leaving by 'a different exit at Gibraltar Airport' are not part of the words checked here: no held treaty text or arrangement describes a separate exit.
Grade: Incomplete. The text bears out the main point. A person who fails only Gibraltar's entry conditions has the refusal enforced by Gibraltar alone (Article 35(1)), and Spain then reviews whether that person meets the EU's conditions (Article 32(2)). What the statement leaves out is how the text sets this up. Gibraltar's officers escort the person to the Second Line Checks Area, and Spain reviews the case there. The text does not describe a general entitlement to go on into the Schengen area. Article 32(3) says Spain "shall allow" entry only for listed groups: people with free-movement rights under EU law, and people with a long-stay visa or residence permit from a Schengen state who meet the entry and stay conditions. Spain may also authorise entry under Article 6(5) of the Schengen Borders Code (Article 32(2)). A person who fails both Gibraltar's conditions and the EU's has the refusal enforced jointly by both sides (Article 35(3)). The Chief Minister's further words about leaving by "a different exit at Gibraltar Airport" are not part of the words checked here: no held treaty text or arrangement describes a separate exit.
Where: House of Lords European Affairs Committee, evidence session on the treaty, 15 September 2026 (corrected transcript), session two, question 19 (Lord Brennan of Canton), answer
The words: "We will put their face on our facial recognition systems and, if they come into Gibraltar, they will be in Gibraltar illegally."
Checked against: "shall enforce a refusal of entry in respect of third-country nationals who do not fulfil entry conditions under the law of the United Kingdom, in respect of Gibraltar, only, in accordance with Article 32" (Agreement, Article 35(1))
Grade: Under review. The treaty says the UK, for Gibraltar, enforces a refusal of entry under its own law, but it says nothing about a facial-recognition record of people who have been refused. The treaty, the seven administrative arrangements between the UK, for Gibraltar, and Spain, Gibraltar's 2026 Act that brings the treaty into Gibraltar law and the regulations we hold were searched for facial recognition, facial image and watch list. None sets up or governs a facial-recognition record of people refused entry to Gibraltar. The text also does not say what status such a person has if found in Gibraltar after a refusal. That is a matter for Gibraltar's immigration law, which is not among the texts held for this point. The statement is about a system the Government of Gibraltar says it will operate. No document we hold settles it.
Grade: Under review. Article 35(1) says the UK, for Gibraltar, enforces a refusal of entry under its own law, but it says nothing about a facial-recognition record of people who have been refused. The UK-EU Agreement in respect of Gibraltar, the seven administrative arrangements between the UK, for Gibraltar, and Spain (Arrangements to ), the Treaty on Gibraltar and the European Union Act 2026 and the regulations held were searched for "facial recognition", "facial image" and "watch list". None sets up or governs a facial-recognition record of people refused entry to Gibraltar. The text also does not say what status such a person has if found in Gibraltar after a refusal. That is a matter for the law of Gibraltar on immigration, which is not among the texts held for this point. The statement is about a system the Government of Gibraltar says it will operate. No held document settles it.
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.
What would settle it: Is there a law, regulation or published procedure that sets up a facial-recognition record of people refused entry to Gibraltar, and does it say what happens if such a person is found in Gibraltar? (Question 2.96 in Questions about the treaty, Part 2.)
Where: House of Lords European Affairs Committee, evidence session on the treaty, 15 September 2026 (corrected transcript), session two, question 21 (Lord Jackson of Peterborough), answer
The words: "those new residence requirements are not required by the treaty. They are our own sovereign constitutional obligations and rights of the Government of Gibraltar to fix"
Checked against: "The United Kingdom, in respect of Gibraltar, shall ensure that any identity card or residence permit issued in Gibraltar is issued only to a person who meets the conditions for entitlement to such identity card or residence permit set out in the legislation in force on the date of entry into force of this Agreement." (Agreement, Article 45(2))... "Such changes shall not, in any event, make it possible for a person to be able to obtain" (Agreement, Article 45(4))... "an identity card issued in Gibraltar, on the basis of prior residence in Gibraltar, unless they have been resident in Gibraltar for a continuous period of at least 10 years immediately prior to the date of application for the card" (Article 45(4)(a))... "a residence permit issued in Gibraltar unless they are able to demonstrate a genuine connection with Gibraltar" (Article 45(4)(b))... "any matter which falls outside the special responsibilities of the Governor set out in subsection (1), or which is not a function which this Constitution or any other law requires the Governor to exercise in his discretion, is the responsibility of Ministers" (Gibraltar Constitution Order 2006, section 47(2))... "for the imposition of restrictions on the movement or residence within Gibraltar of any person who does not belong to Gibraltar, provided it is reasonably justifiable in a democratic society" (same Order, section 13(3)(b))
Grade: Shaded. The statement is right in part: the treaty provision in question does not itself set detailed criteria, and Gibraltar's Constitution of 2006 places matters outside the Governor's special responsibilities with Ministers. But it reads wider than the text. That same treaty provision limits what Gibraltar's legislation may provide, and those limits apply when that legislation is amended; for example, it requires a genuine connection.
Grade: Shaded. The statement is right in part: Article 45 does not itself set detailed criteria, and section 47(2) of the Gibraltar Constitution Order 2006 places matters outside the Governor's special responsibilities with Ministers. But it reads wider than the text. Article 45(4) limits what Gibraltar's legislation may provide and applies when that legislation is amended; for example, Article 45(4)(b) requires a genuine connection. The provisions read are Article 45(2) and (4) and section 47(2) of the Constitution Order.
Where: House of Lords European Affairs Committee, evidence session on the treaty, 15 September 2026 (corrected transcript), session two, question 21 (Lord Jackson of Peterborough), answer
The words: "We have set out a minimum wage that you need to be able to demonstrate that you are earning to maintain yourself in Gibraltar, which is in the region of £37,000—just shy of the average earnings in Gibraltar."
Checked against: "the most recent average gross annual earnings in Gibraltar as recorded in the Employment Survey Report, rounded up to the nearest £500, as published by Notice in the Gazette" (Residency Regulations 2026, , regulation 3)... "The £37,500 figure is based on average gross annual earnings in Gibraltar." (Government of Gibraltar press release, 1 July 2026)... "Average gross annual earnings in respect of all employee jobs increased by 5.8%, from £37,332.42 in October 2024 to £39,510.9 in October 2025." (Employment Survey Report 2025, draft, section 3)
Grade: Shaded. Gibraltar's Residency Regulations 2026 print no figure. They define average gross annual earnings in Gibraltar as the most recent average recorded in the Employment Survey Report, rounded up to the nearest £500, as published by Notice in the Gazette, and they require an employee's gross annual earnings to be no less than that average. The text therefore sets the level at the rounded-up average, not below it, and "just shy of the average earnings in Gibraltar" reads as a level below the average, which the text does not say. The Government's press release of 1 July 2026 gives £37,500. The draft Employment Survey Report 2025 gives £37,332.42 in October 2024 and £39,510.9 in October 2025, which round up to £37,500 and £40,000. Caution: treat the earnings figure with care. The two readings differ on which average applies. One reading takes the October 2025 average, which rounds up to £40,000, as the one that applies, and says the press release's £37,500 rests on the October 2024 average. The other says the text does not settle which average applies, because the October 2025 figure is in a draft report that is not shown to have been published by Notice in the Gazette. The Gazette Notice that fixes the figure is not among the texts read, so which figure is in force is not settled here.
Grade: Shaded. The Residency Regulations 2026 print no figure. Regulation 3 defines the average gross annual earnings in Gibraltar as the most recent average 'as recorded in the Employment Survey Report, rounded up to the nearest £500, as published by Notice in the Gazette', and regulation 7(1)(a) requires an employee's gross annual earnings to be no less than that average. The text therefore sets the level at the rounded-up average, not below it, and 'just shy of the average earnings in Gibraltar' reads as a level below the average, which the text does not say. The Government's press release of 1 July 2026 gives £37,500. The draft Employment Survey Report 2025 gives '£37,332.42 in October 2024 to £39,510.9 in October 2025', which round up to £37,500 and £40,000. Caution: treat the earnings figure with care. The two readings differ on which average applies. One reading takes the October 2025 average, which rounds up to £40,000, as the one that applies, and says the press release's £37,500 rests on the October 2024 average. The other says the text does not settle which average applies, because the October 2025 figure is in a draft report that is not shown to have been published by Notice in the Gazette. The Gazette Notice that fixes the figure is not among the texts read, so which figure is in force is not settled here. The provisions read are regulations 3 and 7(1)(a), the press release and the draft report.
What would settle it: What figure has the notice in the Gazette under Gibraltar's Residency Regulations 2026 fixed as the average gross annual earnings in Gibraltar, and from what date? (Question 2.97 in Questions about the treaty, Part 2.)
What would settle it: What figure has the Notice in the Gazette under regulation 3 of the Residency Regulations 2026 fixed as the average gross annual earnings in Gibraltar, and from what date? (Question 2.97 in Questions about the treaty, Part 2.)
Where: House of Lords European Affairs Committee, evidence session on the treaty, 15 September 2026 (corrected transcript), session two, question 22 (Lord Elliott of Mickle Fell), answer
The words: "The Government of Gibraltar will be raising the money for that financial mechanism through its own taxpayer resources and contributions from some of the companies in the leading industries in Gibraltar"... "Initially, the fund will be in the low millions of pounds"
Checked against: "Both Parties should provide funding for the mechanism referred to in paragraph 1." (Agreement, Article 299(2))
Grade: Incomplete. The UK-Gibraltar Concordat on carrying out the treaty makes the Government of Gibraltar responsible for the associated costs of the financial mechanism. The statement leaves out that the treaty says both sides should provide funding. The two sides are the EU and the UK, for Gibraltar. The provisions read are the treaty's rules on the financial mechanism and on who the sides are, and the Concordat's section on responsibilities.
Grade: Incomplete. The UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar makes the Government of Gibraltar responsible for the associated costs of the financial mechanism. The statement leaves out Article 299(2): 'Both Parties should provide funding'. Under Article 3(1)(a) the Parties are the EU and the UK, for Gibraltar. The provisions read are Articles 299(1) and (2) and 3(1)(a) and the Concordat's section on responsibilities.
What would settle it: What amount will each Party pay into the financial mechanism, from what sources, and in which instrument is this set out? (Question 2.98 in Questions about the treaty, Part 2.)
Where: House of Lords European Affairs Committee, evidence session on the treaty, 15 September 2026 (corrected transcript), session two, question 22 (Lord Elliott of Mickle Fell), answer
The words: "It will be used exclusively for the purposes of training people in or for the Gibraltar job market, in or around Gibraltar."
Checked against: "The Cooperation Council shall establish a financial mechanism to promote cohesion between Gibraltar and the contiguous frontier zone, including on matters of training and employment." (Agreement, Article 299(1))
Grade: Shaded. The words say the money will be used "exclusively" for training. The treaty states a wider purpose for the mechanism: to promote cohesion between Gibraltar and the contiguous frontier zone, including training and employment. The Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) sets up the mechanism, so its purposes are for that body to set within the purpose the treaty gives. The Chief Minister may be describing how Gibraltar intends to direct its own contribution, and the text does not rule that out. But the word "exclusively" is narrower than the purpose the text gives, and the text does not say that the mechanism, or Gibraltar's share of it, is limited to training.
Grade: Shaded. The words say the money will be used "exclusively" for training. Article 299(1) states a wider purpose for the mechanism: to promote cohesion between Gibraltar and the contiguous frontier zone, "including" training and employment. The Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) establishes the mechanism, so its purposes are for that body to set within Article 299(1). The Chief Minister may be describing how Gibraltar intends to direct its own contribution, and the text does not rule that out. But the word "exclusively" is narrower than the purpose the text gives, and the text does not say that the mechanism, or Gibraltar's share of it, is limited to training.
Where: House of Lords European Affairs Committee, evidence session on the treaty, 15 September 2026 (corrected transcript), session two, question 26 (Lord Moynihan of Chelsea), answer
The words: "in pure services, which is where our business is, we are a free agent, along with the United Kingdom"
Checked against: "are engaged in the provision of services insofar as the aid has, or could have, an effect on trade in goods or investment between the Union and Gibraltar" (Agreement, Article 201(1)(b))... "Air transport services between Gibraltar airport and points in the Union territory may be provided only by air carriers of the Union or by air carriers authorised under Union law." (Agreement, Article 272(2))... "A Party shall not weaken or reduce the level of protection provided for in its legislation as at 31 December 2020 below the level provided for by the standards and rules which have been agreed in the OECD as at 31 December 2020" (Agreement, Article 212(1))
Grade: Incomplete. The Chief Minister said this in answer to a question about whether Gibraltar would be bound by EU product rules on goods. As to those rules the point holds: the customs union in the treaty is about goods, and no chapter in the treaty opens or restricts trade in services generally. What the words leave out is that some provisions do reach service activities. The treaty's rules on aid reach those engaged in providing services, insofar as the aid has, or could have, an effect on trade in goods or investment between the EU and Gibraltar. Air transport services between Gibraltar airport and places in the EU may be provided only by EU carriers or carriers authorised under EU law. And the treaty sets a minimum level for the standards of tax transparency and exchange of information that each side applies. So in services Gibraltar is not bound by a general services chapter, but it is bound by these specific provisions.
Grade: Incomplete. The Chief Minister said this in answer to a question about whether Gibraltar would be bound by EU product rules on goods. As to those rules the point holds: the customs union in the UK-EU Agreement in respect of Gibraltar is about goods (Articles 240 to 241), and no chapter in the treaty opens or restricts trade in services generally. What the words leave out is that some provisions do reach service activities. Article 201(1)(b): “are engaged in the provision of services insofar as the aid has, or could have, an effect on trade in goods or investment between the Union and Gibraltar”. Article 272(2) says air transport services between Gibraltar airport and points in the EU may be provided only by carriers of the EU or carriers authorised under EU law. Article 212(1) sets a floor for the tax transparency and information-exchange standards a Party applies. So in services Gibraltar is not bound by a general services chapter, but it is bound by these specific provisions.
Where: House of Lords European Affairs Committee, evidence session on the treaty, 15 September 2026 (corrected transcript), session two, question 26 (Lord Moynihan of Chelsea), answer
The words: "We can now have all of the international trade agreements that the United Kingdom has extended to Gibraltar in services."
Checked against: "A customs union between the Union and the United Kingdom, in respect of Gibraltar, is hereby established in accordance with the provisions set out under this Chapter." (Agreement, Article 240)... "the customs territory of Gibraltar, which constitutes a customs territory separate from the customs territory of the United Kingdom" (Agreement, Article 241(b))
Grade: Untested. The treaty sets up a customs union for goods between the EU and Gibraltar and makes Gibraltar's customs territory separate from the UK's. It says nothing about trade agreements in services. Mr Hughes, the Foreign, Commonwealth and Development Office official, told the same Committee earlier that day that "this agreement is only about goods trade" and that Gibraltar could join the services chapter of the CPTPP (the Trans-Pacific trade partnership) but not the part on goods (session one, exchange following question 4). Whether each of the UK's trade agreements extends to Gibraltar for services depends on the territorial clause of that agreement. Those agreements are not among the documents held. The Chief Minister's further words that Gibraltar has "very little interest in goods trade" are an opinion and are not graded.
Grade: Untested. The UK-EU Agreement in respect of Gibraltar establishes a customs union for goods between the EU and the UK, for Gibraltar (Article 240) and makes Gibraltar's customs territory separate from the UK's (Article 241(b)). It says nothing about trade agreements in services. Mr Hughes, the Foreign, Commonwealth and Development Office official, told the same Committee earlier that day that "this agreement is only about goods trade" and that Gibraltar could accede to the services chapter of the CPTPP (the Comprehensive and Progressive Agreement for Trans-Pacific Partnership) but not to goods (session one, exchange following question 4). Whether each of the UK's trade agreements extends to Gibraltar for services depends on the territorial clause of that agreement. Those agreements are not among the documents held. The Chief Minister's further words that Gibraltar has "very little interest in goods trade" are an opinion and are not graded.
What would settle it: Does the territorial clause of each UK trade agreement (including the CPTPP) extend it to Gibraltar for services, and does any of them need a change because of the customs union? (Question 2.99 in Questions about the treaty, Part 2.)
In press releases and the press
Where: Reports by GBC and the Gibraltar Chronicle, 13 June 2025 (the reports are not among the documents held, so the exact wording could not be checked against them)
Also reported: Not on the parliamentary record so far; reported by GBC and the Gibraltar Chronicle, 13 June 2025.
The words: As reported; the record is not yet held. "would continue to be run by Gibraltar Air Terminal Limited"... "effectively means no change to the current operator without our consent"
Checked against: "The joint venture shall select, through regular public tender, and supervise the commercial company in charge of the day-to-day management of Gibraltar airport." and "A joint venture company shall be constituted under the shared responsibility of the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain." (Agreement, Article 274(1)). Act, section 135(2): "the right to select, through regular public tender, the commercial company that should be in charge of the day-to-day management of Gibraltar airport".
Grade: Untested. The reports of 13 June 2025 are not held, so the quoted words cannot be checked against them, and the statement was made a year before the treaty was signed. For comparison, the treaty says the joint venture selects, through regular public tender, and supervises the company that runs the airport day to day, and that the joint venture is set up under the shared responsibility of the UK, for Gibraltar, and Spain. The treaty does not name the current operator and does not say that it continues. Gibraltar's 2026 Act that brings the treaty into Gibraltar law gives the Government the power to grant the joint venture the right to select the operator by that tender. The treaty does not say how the joint venture takes its decisions, and no held document sets out its rules. Because the words themselves cannot be checked, the statement is left Untested. The treaty, the UK-Gibraltar Concordat on putting the treaty into effect, the Act and the seven administrative arrangements between the UK, for Gibraltar, and Spain were searched for the words joint venture; no provision on consent was found.
Grade: Untested. The reports of 13 June 2025 are not held, so the quoted words cannot be checked against them, and the statement was made a year before the UK-EU Agreement in respect of Gibraltar was signed. For comparison, Article 274(1) says the joint venture selects, through regular public tender, and supervises the company that runs the airport day to day, and that the joint venture is constituted under the shared responsibility of the UK, for Gibraltar, and Spain. The Article does not name the current operator and does not say that it continues. Section 135(2) of the Treaty on Gibraltar and the European Union Act 2026 gives the Government the power to grant the joint venture the right to select the operator by that tender. The treaty does not say how the joint venture takes its decisions, and no held document sets out its rules. Because the words themselves cannot be checked, the statement is left Untested. The treaty, the UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar, the Act and the seven administrative arrangements between the UK, for Gibraltar, and Spain (Arrangements to ) were searched for the words "joint venture"; no provision on consent was found.
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.
What would settle it: What did the Deputy Chief Minister say on 13 June 2025 about who would run the airport, and where is it recorded? (Question 2.100 in Questions about the treaty, Part 2.)
Where: Report by the Gibraltar Chronicle, 13 June 2025 (the report is not among the documents held, so the exact wording could not be checked against it)
Also reported: Not on the parliamentary record so far; reported by the Gibraltar Chronicle, 13 June 2025.
The words: As reported; the record is not yet held. "enhanced use"
Checked against: "A joint venture company shall be constituted under the shared responsibility of the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain." and "The joint venture shall select, through regular public tender, and supervise the commercial company in charge of the day-to-day management of Gibraltar airport." (Agreement, Article 274(1)).
Grade: Untested. The report of 13 June 2025 is not held, so the quoted words cannot be checked against it. As reported, the Deputy Chief Minister described the airport arrangement as "enhanced use" of the airport, with the terminal staying Government-owned. For comparison, the treaty gives the selection and supervision of the company that runs the airport day to day to a joint venture company set up under the shared responsibility of the UK, for Gibraltar, and Spain; that clause does not use the words joint use, joint control or enhanced use. A footnote in the treaty's airport clauses says the arrangements do not affect either side's legal position on sovereignty and jurisdiction over the airport's territory. Who owns the terminal building is not addressed in the treaty, Gibraltar's 2026 Act that brings the treaty into Gibraltar law or the UK-Gibraltar Concordat on putting the treaty into effect, all of which were searched. Because the words themselves cannot be checked, the statement is left Untested.
Grade: Untested. The report of 13 June 2025 is not held, so the quoted words cannot be checked against it. As reported, the Deputy Chief Minister described the airport arrangement as 'enhanced use' of the airport, with the terminal staying Government-owned. For comparison, Article 274(1) gives the selection and supervision of the company that runs the airport day to day to a joint venture company constituted under the shared responsibility of the UK, for Gibraltar, and Spain; the Article does not use the words 'joint use', 'joint control' or 'enhanced use'. The footnote to Article 271 says the arrangements do not affect either side's legal position on sovereignty and jurisdiction over the airport's territory. Who owns the terminal building is not addressed in the UK-EU Agreement in respect of Gibraltar, the Treaty on Gibraltar and the European Union Act 2026 or the UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar, all of which were searched. Because the words themselves cannot be checked, the statement is left Untested.
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.
What would settle it: What did the Deputy Chief Minister say on 13 June 2025 about enhanced use of the airport and the ownership of the terminal, and where is it recorded? (Question 2.101 in Questions about the treaty, Part 2.)
Where: HM Government of Gibraltar press release "Government responds to GFSB concerns on residency policy", 1 July 2026
Also reported: Not on the parliamentary record so far; issued as a Government press release, 1 July 2026. The Minister made similar points in her budget speech, published with press release 545/2026.
The words: "this threshold is not a barrier to employment in Gibraltar. It relates to the circumstances in which residence in Gibraltar may follow."
Checked against: "A person qualifies for a residence permit as an employee if they satisfy the Authority of the following" (Residency Regulations 2026, , regulation 7(1))... "No right to reside in Gibraltar is granted during the period during which the application is being processed." (regulation 6(3))... "revoke and cancel the approval of the employment documentation given under subregulation (2)" (Employment Regulations 1994, regulation 8A(9), inserted by )
Grade: Incomplete. The earnings level is a condition for a residence permit as an employee under Gibraltar's Residency Regulations 2026. It is not a condition for working. Work is governed by Gibraltar's Employment Regulations 1994, under which a national of the UK or of an EEA state is an entitled worker who needs no permit. So for a person who works in Gibraltar and lives elsewhere, the statement holds. What it leaves out is a link for a person who needs a residence permit in order to work and live in Gibraltar. Under a rule added to the Employment Regulations by a Legal Notice of 27 August 2026, approval to work depends on getting a residence permit within 90 days, and it is withdrawn if the permit application is refused, once any appeal period has passed. A person who does not meet the earnings test, and has no waiver, may therefore lose the approval to work through the refusal of the permit. The press release is dated 1 July 2026; the Legal Notice that added the rule came later, on 27 August 2026.
Grade: Incomplete. The earnings level is a condition for a residence permit as an employee (Residency Regulations, regulation 7(1)(a)). It is not a condition for working. Work is governed by the Employment Regulations 1994, where a national of the UK or of an EEA state is an entitled worker who needs no permit (regulation 6(4)(a)(ii)). So for a person who works in Gibraltar and lives elsewhere, the statement holds. What it leaves out is a link for a person who needs a residence permit in order to work and live in Gibraltar. Under regulation 8A of the Employment Regulations (inserted by ), approval to work is conditional on getting a residence permit within 90 days, and it is revoked if the permit application is refused (8A(9)), after any appeal period (8A(10)). A person who does not meet the earnings test, and has no waiver, may therefore lose the approval to work through the refusal of the permit. The press release is dated 1 July 2026; Legal Notice 328 came later, on 27 August 2026.
Where: HM Government of Gibraltar press release "Government responds to GFSB concerns on residency policy", 1 July 2026
Also reported: Not on the parliamentary record so far; issued as a Government press release, 1 July 2026. The Minister made similar points in her budget speech, published with press release 545/2026.
The words: "That is why the framework will include flexibility for skills, labour shortages, sectoral needs and Gibraltar’s wider economic interests."
Checked against: "The Chief Minister may waive the requirement in subregulation (1)(a) or (d) if the person" (Residency Regulations 2026, , regulation 7(3))... "possessing skills that are important to the economic development and growth of Gibraltar" (regulation 7(3)(b)(i))... "belonging to a sector or industry where there exists a demonstrable shortage of labour or skills" (regulation 7(3)(b)(ii))... "The Authority may waive the requirement in regulation 7(1)(a) in relation to a person’s gross annual earnings if the person" (regulation 7(4))
Grade: Incomplete. The press release was issued before Gibraltar's Residency Regulations 2026 were published on 9 July 2026. The Regulations do contain flexibility for skills and for sectors with a shortage of labour or skills (which may be used for a whole sector), and a route for people under 30. What the statement leaves out is that the flexibility is limited to those grounds. The Regulations name two reasons only: skills important to Gibraltar's economic development and growth, or a sector with a shortage of labour or skills that can be shown. The Regulations contain no separate ground for 'Gibraltar's wider economic interests'. The waivers are also a matter of choice (they may be granted), and the Chief Minister's waiver needs good character.
Grade: Incomplete. The press release was issued before the Residency Regulations 2026 () were published on 9 July 2026. The Regulations do contain flexibility for skills and for sectors with a shortage of labour or skills (regulation 7(3), which may be used for a whole sector), and a route for people under 30 (regulation 7(4)). What the statement leaves out is that the flexibility is limited to those grounds. Regulation 7(3)(b) names two reasons only: skills important to Gibraltar's economic development and growth, or a sector with a demonstrable shortage of labour or skills. The Regulations contain no separate ground for "Gibraltar's wider economic interests". The waivers are also discretionary ("may"), and the Chief Minister's waiver needs good character.
Where: HM Government of Gibraltar press release "Government responds to GFSB concerns on residency policy", 1 July 2026
Also reported: Not on the parliamentary record so far; issued as a Government press release, 1 July 2026.
The words: "the Regulations will address the concern that applicants should not be placed in the unfair position of having to make an unconditional rental or purchase commitment before their application has been determined."
Checked against: "they have evidence of a purchase or rental agreement relating to a property in Gibraltar (which for the purposes of the application may be conditional on the grant of a residence permit under these Regulations)" (Residency Regulations 2026, , regulation 7(1)(c))... "evidence of a purchase or rental agreement relating to a property in Gibraltar (which for the purposes of the application may be conditional on the grant of a residence permit under these Regulations)" (regulation 9(1)(b))
Grade: Verified. The release was issued before Gibraltar's Residency Regulations 2026 were published (on 9 July 2026) and says what they "will" do. The Regulations say, both for employees and for self-employed people, that the purchase or rental agreement may be conditional on the grant of the permit. So an applicant is not required to have made an unconditional commitment before the application is decided. The parts of the Regulations on employees and on self-employed people that deal with this were read in full. No condition, exception or limit in them takes the conditional route away. The Regulations list agreements that do not count (a vessel, a property not meant as the main home, a rental of under 12 months, a holiday rental, or an agreement not made in good faith). Those limits concern the kind of agreement, not whether it can be conditional.
Grade: Verified. The release was issued before the Residency Regulations 2026 () were published (on 9 July 2026) and says what they "will" do. Regulation 7(1)(c), for employees, and regulation 9(1)(b), for self-employed people, both say the purchase or rental agreement may be conditional on the grant of the permit. So an applicant is not required to have made an unconditional commitment before the application is decided. Regulations 7(1) to (2) and 9(1) to (2) were read in full. No condition, exception or limit in them takes the conditional route away. Regulations 7(2) and 9(2) list agreements that do not count (a vessel, a property not meant as the main home, a rental of under 12 months, a holiday rental, or an agreement not made in good faith). Those limits concern the kind of agreement, not whether it can be conditional.
Where: Gibraltar National Day speech, 10 September 2026, Government of Gibraltar press release 666/2026
Also reported: Not on the parliamentary record so far; reported in Government of Gibraltar press release 666/2026, 10 September 2026.
The words: "On the fifteenth of July, it began to apply. It delivers fluidity at our frontier. It delivers legal certainty for our economy. And it does so without a single concession on our exclusively British sovereignty."
Checked against: Agreement, Article 336(2): "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 2: "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction, and shall not constitute the basis for any assertion or denial of sovereignty, including in legal proceedings or otherwise." European Commission press release IP/26/1609: "This Agreement, which will enter into provisional application on 15 July 2026".
Grade: Shaded. Two parts can be set beside the text. The first is that the treaty began to apply on 15 July: the treaty lets the two sides agree to apply it provisionally from a date before it comes into force, once they have told each other that the plan for removing the physical barriers and the administrative arrangements the treaty names are in effect and fully carried out, and that the treaty's measures on monitoring and tracking tobacco are in place. The Commission's press release gives 15 July 2026 as that date. That part is borne out. The second is that the treaty brings no concession on sovereignty. The treaty's provision on sovereignty says the treaty, the arrangements and anything done under them do not prejudice or affect the legal positions of the UK and of Spain on sovereignty and jurisdiction, and cannot be the basis for asserting or denying sovereignty. That supports "no concession". It does not say that sovereignty is British or exclusive, so the words read wider than the text; it leaves both States' positions as they were, and it also covers jurisdiction. The statement leaves out that this provision protects Spain's legal position in the same words as the UK's. "Fluidity at our frontier" and "legal certainty for our economy" describe results the treaty is meant to bring about; they are not statements of what a provision says, so they are not graded.
Grade: Shaded. Two parts can be set beside the text. The first is that the treaty began to apply on 15 July: the treaty lets the two sides agree to apply it provisionally from a date before it comes into force, once they have told each other that the plan for removing the physical barriers (Article 7) and the administrative arrangements the treaty names are in effect and fully carried out, and that the treaty's measures on monitoring and tracking tobacco are in place. The Commission's press release gives 15 July 2026 as that date. That part is borne out. The second is that the treaty brings no concession on sovereignty. The treaty's provision on sovereignty says the treaty, the arrangements and anything done under them do not prejudice or affect the legal positions of the UK and of Spain on sovereignty and jurisdiction, and cannot be the basis for asserting or denying sovereignty. That supports "no concession". It does not say that sovereignty is British or exclusive, so the words read wider than the text; it leaves both States' positions as they were, and it also covers jurisdiction. The statement leaves out that this provision protects Spain's legal position in the same words as the UK's. "Fluidity at our frontier" and "legal certainty for our economy" describe results the treaty is meant to bring about; they are not statements of what a provision says, so they are not graded.
Grade: Shaded. Two parts can be set beside the text. The first is that the UK-EU Agreement in respect of Gibraltar began to apply on 15 July: Article 336(2) allows the Parties to agree to apply it provisionally from a date before entry into force, provided they have first notified each other that the implementation plan and the administrative arrangements it names are in effect and have been fully implemented, and that the measures described in Article 258 are in place. The Commission's press release gives 15 July 2026 as that date. That part is borne out. The second is that the treaty brings no concession on sovereignty. Article 2 says the treaty, the arrangements and anything done under them are without prejudice to, and do not affect, the legal positions of the UK and of Spain on sovereignty and jurisdiction, and cannot be the basis for asserting or denying sovereignty. That supports "no concession". It does not say that sovereignty is British or exclusive, so the words read wider than the text; it leaves both States' positions as they were, and it also covers jurisdiction. The statement leaves out that Article 2 protects Spain's legal position in the same words as the UK's. "Fluidity at our frontier" and "legal certainty for our economy" describe results the treaty is meant to bring about; they are not statements of what a provision says, so they are not graded.
Where: Gibraltar Chronicle, 14 September 2026 (as reported)
Also reported: Not on the parliamentary record so far; reported by the Gibraltar Chronicle, 14 September 2026.
The words: As reported; the record is not yet held. "is the standard termination clause in all EU agreements"
Checked against: "Either Party may terminate this Agreement by written notification through diplomatic channels. This Agreement and any supplementing agreement shall cease to be in force on the first day of the twelfth month following the date of notification." (Agreement, Article 334); "Following completion of the evaluation referred to in Article 65 and without prejudice to Article 334, the Union, including at the request of the Kingdom of Spain, and the United Kingdom may terminate this Agreement by written notification through diplomatic channels." (Agreement, Article 66(1))
Grade: Incomplete. The words are about the treaty's termination clause: the treaty ends on the first day of the twelfth month after written notification. It lets either side end the treaty by written notice, and the treaty ends on the first day of the twelfth month after the notice. That matches the statement as far as the clause itself goes. Two things are not covered. First, the treaty has a second way to end it, which applies, once the treaty's evaluation is complete, without affecting the clause that lets either side end the treaty by written notice; it names the EU, including at the request of Spain, and says that where Spain has asked, the EU must take the necessary steps under its internal procedures with a view to ending the treaty. The statement does not mention this route. Second, whether the clause is the standard one 'in all EU agreements' depends on the ending clauses of other agreements, none of which is checked here (the held texts are this treaty, Gibraltar's 2026 Act that brings the treaty into Gibraltar law, the UK-Gibraltar Concordat on carrying out the treaty, the arrangements and the other documents listed in the source folder).
Grade: Incomplete. The words are about the treaty's termination clause, which is Article 334: the treaty ends on the first day of the twelfth month after written notification. It lets either Party end the UK-EU Agreement in respect of Gibraltar by written notice, and the treaty ends on the first day of the twelfth month after the notice. That matches the statement as far as the clause itself goes. Two things are not covered. First, Article 66(1) is a second termination route, which is open "without prejudice to Article 334" once the Article 65 evaluation is complete; it names the EU "including at the request of the Kingdom of Spain", and Article 66(2) says that where Spain has asked, "the Union shall take the necessary steps in accordance with its internal procedures, with a view to terminating this Agreement". The statement does not mention this route. Second, whether the clause is the standard one "in all EU agreements" depends on the termination clauses of other agreements, none of which is checked here (the held texts are this treaty, the Treaty on Gibraltar and the European Union Act 2026, the UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar, the arrangements and the other documents listed in the source folder).
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.
Where: Gibraltar Chronicle, 14 September 2026 (as reported)
Also reported: Not on the parliamentary record so far; reported by the Gibraltar Chronicle, 14 September 2026.
The words: As reported; the record is not yet held. "if Spain starts not delivering, what they have to bear in mind is that they're putting the EU in breach of their treaty obligations"
Checked against: Party or Parties "means the European Union and the United Kingdom, in respect of Gibraltar" (Agreement, Article 3(1)(a)); "disputes between the Parties concerning the interpretation and application of the provisions of this Agreement" (Agreement, Article 301(1)); "the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set up border crossing points at Gibraltar port and airport" (Agreement, Article 29(1)); "fully consult the Gibraltar Government and follow its wishes and views in relation to every aspect of the dispute settlement procedure" (Concordat, section "Dispute resolution")
Grade: Incomplete. The two sides to the treaty are the EU and the UK, for Gibraltar. The treaty's dispute settlement applies to disputes between those two sides, so a complaint about how the treaty is applied would be between the EU and the UK. That matches the statement as far as it goes. It leaves out three things the text attaches. The treaty itself names Spain as bound in some provisions (for example on border crossing points). No rule read says in terms that Spain's failure to act is a breach by the EU. And the route for a complaint runs through the UK, not through Gibraltar in its own name; the UK-Gibraltar Concordat on carrying out the treaty says the UK will, other than in the most exceptional circumstances, fully consult the Gibraltar Government and follow its wishes and views on the dispute settlement procedure, including whether to start it. The other routes are the treaty's power to suspend obligations if commitments under one part of the treaty are seriously not respected, and the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) and the EU-UK treaty committees, which each side may use to raise issues.
Grade: Incomplete. The two Parties to the UK-EU Agreement in respect of Gibraltar are the EU and the UK, for Gibraltar (Article 3(1)(a)). The dispute settlement in Part Six applies to "disputes between the Parties" (Article 301(1)), so a complaint about how the treaty is applied would be between the EU and the UK. That matches the statement as far as it goes. It leaves out three things the text attaches. The treaty itself names the Kingdom of Spain as bound in some provisions (for example Article 29(1), border crossing points). No Article read says in terms that Spain's failure to act is a breach by the EU. And the route for a complaint runs through the UK, not Gibraltar in its own name; the UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar says the UK will, other than in the most exceptional circumstances, fully consult the Gibraltar Government and follow its wishes and views on the dispute settlement procedure, including whether to start it. Article 67 (suspension of obligations in the event of serious non-respect of commitments under Part Two) and Articles 22 and 23 (the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) and the EU-UK treaty committees, which each Party may use to raise issues, Article 22(3)) are the other routes.
Where: Gibraltar Chronicle, 17 September 2026 (as reported)
Also reported: Not on the parliamentary record so far; reported by the Gibraltar Chronicle, 17 September 2026.
The words: As reported; the record is not yet held. "have been directed to register on the EES, even though they are exempt from it"
Checked against: "Persons resident in Gibraltar shall be exempt from the requirements of the Entry/Exit System." (Agreement, Article 42(1)); "'persons resident in Gibraltar' means persons having the legal right to reside in Gibraltar irrespective of their nationality, with the exception of Union citizens and nationals of Iceland" (Agreement, Article 26(j)); "Where this has occurred, post-15 July 2026, the registration should not have been required." (Government of Gibraltar, Technical Notice 696/2026, 23 September 2026)
Grade: Incomplete. The treaty says in terms that people resident in Gibraltar are exempt from the requirements of the EU's Entry/Exit System and that no entry or exit stamp is to be put on when they cross the external borders of an EU country. The treaty defines people resident in Gibraltar as people with the legal right to live in Gibraltar whatever their nationality, except EU citizens and the nationals of Iceland, Liechtenstein, Norway, Switzerland and (once agreements on free movement apply) Andorra and San Marino. What the statement leaves out is that exclusion: EU citizens and nationals of Iceland, Liechtenstein, Norway and Switzerland are outside the term people resident in Gibraltar, as are nationals of Andorra and San Marino once agreements giving them free movement rights enter into force. The exemption itself has no condition. That some residents were nevertheless registered is the Deputy Chief Minister's report of events; the Government's Technical Notice of 23 September 2026 says the same ("some Gibraltar residents may nevertheless have been registered on the EES"), but no treaty text can confirm how many or when. The other parts of the report (that the European Commission had notified border points, how an entry without an exit is counted, and that a Technical Notice was coming) are not graded: no held text settles the first two and the third is a forecast.
Grade: Incomplete. Article 42(1) says in terms that persons resident in Gibraltar "shall be exempt from the requirements of the Entry/Exit System" and that no entry or exit stamp is to be affixed when they cross the external borders of an EU country. Article 26(j) defines "persons resident in Gibraltar" as persons with the legal right to reside in Gibraltar whatever their nationality, except EU citizens and the nationals of Iceland, Liechtenstein, Norway, Switzerland, and (once agreements on free movement apply) Andorra and San Marino. What the statement leaves out is the exclusion in Article 26(j): EU citizens and nationals of Iceland, Liechtenstein, Norway and Switzerland are outside the term 'persons resident in Gibraltar', as are nationals of Andorra and San Marino once agreements giving them free movement rights enter into force. Article 42(1) itself has no condition. That some residents were nevertheless registered is the Deputy Chief Minister's report of events; Government Technical Notice 696/2026 of 23 September 2026 says the same ("some Gibraltar residents may nevertheless have been registered on the EES"), but no treaty text can confirm how many or when. The other parts of the report (that the European Commission had notified border points, how an entry without an exit is counted, and that a Technical Notice was coming) are not graded: no held text settles the first two and the third is a forecast.
Where: HM Government of Gibraltar press release 687/2026, 21 September 2026 (Deputy Chief Minister's remarks at a conference panel in Brighton) (held copy of the release)
Also reported: Not on the parliamentary record so far; reported by HM Government of Gibraltar press release 687/2026, 21 September 2026.
The words: "does not change who we are and does not impact our sovereignty"
Checked against: "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction" (Agreement, Article 2)
Grade: Under review. Only the words 'does not impact our sovereignty' can be set beside the text. ('Does not change who we are' is not a statement about the treaty text and is not graded.) The treaty's sovereignty clause covers the treaty, the administrative arrangements, and any measure or conduct taken in applying them. It says they do not affect the legal positions of the UK and of Spain on sovereignty and jurisdiction, and that they cannot be used as the basis for asserting or denying sovereignty. So the text bears the statement out as far as legal positions go. What the statement leaves out is that the clause protects the legal position of both the UK and Spain. It does not say whose sovereignty it is, and it does not use the words our sovereignty. The clause was read in full; it has no condition or exception.
Grade: Under review. Only the words "does not impact our sovereignty" can be set beside the text. ("Does not change who we are" is not a statement about the treaty text and is not graded.) Article 2 covers the UK-EU Agreement in respect of Gibraltar, the administrative arrangements, and any measure or conduct taken in application of them. It says they do not affect "the respective legal positions" of the UK and of Spain on sovereignty and jurisdiction, and that they cannot be used as the basis for asserting or denying sovereignty. So the text bears the statement out as far as legal positions go. What the statement leaves out is that Article 2 protects the legal position of both the UK and Spain. It does not say whose sovereignty it is, and it does not use the words "our sovereignty". Article 2 was read in full; it has no condition or exception.
278. Government of Gibraltar, in press release 682/2026 (the Minister for Health, Care and Business, Hon G Arias-Vasquez, is quoted later in the same release), 21 September 2026 — Incomplete
Where: HM Government of Gibraltar press release 682/2026, 21 September 2026 (amended version), main text
Also reported: Not on the parliamentary record so far; issued as a Government press release (682/2026), 21 September 2026.
The words: "The criteria governing new applications for residence are based on matters such as economic contribution, employment, accommodation and age, not on whether an applicant is British, Spanish or of another nationality. In fact, there is NOTHING in the regulations that refers to any nationality whatsoever."
Checked against: "they have an employment contract of a period of no less than one year under which the applicant’s gross annual earnings are no less than the average gross annual earnings in Gibraltar" (Residency Regulations 2026, , regulation 7(1)(a))... "they are 55 years of age or under" (regulation 7(1)(d))... "they are fully vetted by the relevant authorities of the country in which the person was most recently habitually resident" (regulation 7(1)(e))... "Nothing in these Regulations affects the residence rights of a person to whom the provisions of the withdrawal agreement, the EEA EFTA separation agreement or the Swiss citizens’ rights agreement apply" (regulation 27(1))
Grade: Incomplete. The regulations in the statement are Gibraltar's Residency Regulations 2026. The whole text of the Regulations was searched for the words national, citizen, British, Spanish and EU, and the relevant regulations were read (they are listed in the texts). The tests for a permit as an employee or a self-employed person are a contract and earnings at the average level, a licensed employer, a home in Gibraltar, an age of 55 or under, and vetting by the country where the person last lived. The student, Crown servant and armed forces routes are tied to enrolment or posting. None of these tests turns on nationality, so the first sentence is borne out. The second sentence says nothing in the regulations refers to any nationality. The Regulations keep in place the residence rights of people covered by the withdrawal agreement, the EEA EFTA separation agreement and the Swiss citizens' rights agreement. The Regulations name three agreements, and one is named by the citizens it covers. This does not set a nationality test for a permit. Who is covered is set by those agreements, which are not among the texts held. What the statement leaves out is this saving provision, which keeps in place residence rights that come from those agreements.
Grade: Incomplete. The "regulations" in the statement are the Residency Regulations 2026 (). The whole text of the Regulations was searched for "national", "citizen", "British", "Spanish" and "Union", and regulations 6 to 13, 18 to 20 and 27 were read. The tests for a permit as an employee or a self-employed person (regulations 7 and 9) are a contract and earnings at the average level, a licensed employer, a home in Gibraltar, an age of 55 or under, and vetting by the country where the person last lived. The student, Crown servant and armed forces routes (regulations 10 and 11) are tied to enrolment or posting. None of these tests turns on nationality, so the first sentence is borne out. The second sentence says nothing in the regulations refers to any nationality. Regulation 27(1) preserves the residence rights of people covered by the withdrawal agreement, the EEA EFTA separation agreement and the "Swiss citizens' rights agreement". The regulation names three agreements, and one is named by the citizens it covers. It does not set a nationality test for a permit. Who is covered is set by those agreements, which are not among the texts held. What the statement leaves out is this saving provision, which keeps in place residence rights that come from those agreements.
279. Government of Gibraltar, in press release 682/2026 (the Minister for Health, Care and Business, Hon G Arias-Vasquez, is quoted later in the same release), 21 September 2026 — Incomplete
Where: HM Government of Gibraltar press release 682/2026, 21 September 2026 (amended version), main text
Also reported: Not on the parliamentary record so far; issued as a Government press release (682/2026), 21 September 2026.
The words: "British citizens remain able to take up employment in Gibraltar without requiring a work permit and can begin employment while applying for residency."
Checked against: "It is an offence to engage or attempt to engage a worker other than an entitled worker without having first obtained a permit in respect of that worker" (Employment Regulations 1994, regulation 5(1))... "an EEA national or a national of the United Kingdom of Great Britain and Northern Ireland" (regulation 6(4)(a)(ii), as substituted by )... "The notification required by subregulation (1) shall be made no later than the day on which the engagement commences." (regulation 6(3))... "no worker to whom this regulation applies may commence employment in Gibraltar unless the Director has approved the employment documentation under subregulation (2)" (regulation 8A(3), inserted by )... "subject to the condition that the worker obtains a residence permit within the residency condition period" (regulation 8A(2))... "the period of 90 days beginning with the date on which the Director approves the employment documentation" (regulation 8A(6))... "No right to reside in Gibraltar is granted during the period during which the application is being processed." (Residency Regulations 2026, regulation 6(3))
Grade: Incomplete. Both points are borne out, with conditions. On the work permit: a worker who is an entitled worker does not need a permit, and Gibraltar's Employment Regulations 1994 (as amended by a Legal Notice published on 27 August 2026) make a national of the UK an entitled worker. The employer must still tell the Director of Employment about the engagement, no later than the day it starts. On starting work while applying: the same Regulations allow it where the worker needs a residence permit and the application is not yet decided. What the statement leaves out is that the Director must first approve the employment documentation, and no one may start work before that approval. The approval depends on getting a residence permit within 90 days. It is withdrawn if the application is refused or withdrawn, or if no permit is obtained in the 90 days, after any appeal period. The approval gives no right to live in Gibraltar, and Gibraltar's Residency Regulations say the same while an application is being processed. The statement also says "British citizens" while the Employment Regulations say a national of the United Kingdom.
Grade: Incomplete. Both points are borne out, with conditions. On the work permit: a worker who is an "entitled worker" does not need a permit, and the Employment Regulations 1994 (as amended by , published 27 August 2026) make a national of the UK an entitled worker. The employer must still notify the Director of Employment of the engagement, no later than the day it starts (regulation 6(1) and (3)). On starting work while applying: regulation 8A of the same Regulations allows it where the worker needs a residence permit and the application is not yet decided. What the statement leaves out is that the Director must first approve the employment documentation, and no one may start work before that approval (8A(3)). The approval is conditional on getting a residence permit within 90 days. It is withdrawn if the application is refused or withdrawn, or if no permit is obtained in the 90 days (8A(8) and (9)), after any appeal period (8A(10)). The approval gives no right to live in Gibraltar (8A(5)(a)), and regulation 6(3) of the Residency Regulations says the same during processing. The statement also says "British citizens" while the regulation says "a national of the United Kingdom".
280. Government of Gibraltar, in press release 682/2026 (the Minister for Health, Care and Business, Hon G Arias-Vasquez, is quoted later in the same release), 21 September 2026 — Under review
Where: HM Government of Gibraltar press release 682/2026, 21 September 2026 (amended version), main text
Also reported: Not on the parliamentary record so far; issued as a Government press release (682/2026), 21 September 2026.
The words: "the FCDO and Convent were consulted on the policy and raised no such concerns. The rules are therefore UK Government approved."
Checked against: "The Government has consulted with the Convent and the FCDO on the proposed rules. At no time has it been suggested that these necessary and proportionate changes are anti-British in any way." (Government of Gibraltar press release, 1 July 2026)... "In accordance with the powers conferred on it by sections 13 and 43(7) of the Treaty on Gibraltar and the European Union Act 2026, the Government has made the following Regulations" (Residency Regulations 2026, , enacting words)
Grade: Under review. No document we hold records the consultation, what the Foreign, Commonwealth and Development Office (FCDO) or the Convent (the Governor's residence and office) said, or any approval by the UK Government. The Government's own release of 1 July 2026 says it consulted both and that it had at no time been suggested that the changes are anti-British; that is narrower than approval. Gibraltar's Residency Regulations 2026 say they were made by the Government under powers in Gibraltar's 2026 Act that brings the treaty into Gibraltar law. Under the Gibraltar Constitution, residence is the responsibility of Ministers, and nothing in the treaty, the Act or the Regulations requires UK approval of the Regulations. The release's second sentence (that the changes were therefore approved) is a conclusion drawn from the first. No text we hold states that approval was given.
Grade: Under review. No held document records the consultation, what the Foreign, Commonwealth and Development Office (FCDO) or the Convent (the Governor's residence and office) said, or any approval by the UK Government. The Government's own release of 1 July 2026 says it consulted both and that "at no time has it been suggested" that the changes are anti-British; that is narrower than approval. The Residency Regulations 2026 () say they were made by "the Government" under sections 13 and 43(7) of the Treaty on Gibraltar and the European Union Act 2026. Under section 47(2) of the Gibraltar Constitution Order 2006, residence is the responsibility of Ministers, and nothing in the UK-EU Agreement in respect of Gibraltar, the Act or the Regulations requires UK approval of the Regulations. The release's second sentence ("therefore... approved") is a conclusion drawn from the first. No held text states that approval was given.
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.
What would settle it: Did the FCDO or the Governor's office give any approval of the Residency Regulations 2026, and in what document is it recorded? (Question 2.102 in Questions about the treaty, Part 2.)
281. Government of Gibraltar, in press release 682/2026 (the Minister for Health, Care and Business, Hon G Arias-Vasquez, is quoted later in the same release), 21 September 2026 — Incomplete
Where: HM Government of Gibraltar press release 682/2026, 21 September 2026 (amended version), notes to editors
Also reported: Not on the parliamentary record so far; issued as a Government press release (682/2026), 21 September 2026.
The words: "The Regulations expressly provide a route for applicants under 30 earning below the average earnings threshold, where the relevant contribution requirements are met."
Checked against: "The Authority may waive the requirement in regulation 7(1)(a) in relation to a person’s gross annual earnings if the person" (Residency Regulations 2026, , regulation 7(4))... "is under the age of 30" (regulation 7(4)(a))... "where the Authority is satisfied that the person’s employer has paid to the Government, by way of deposit, an amount equivalent to" (regulation 7(4))... "an amount equivalent to 25% of the average gross annual earnings in Gibraltar" (regulation 7(4)(ii))... "the employer shall, in respect of each year during which the person is under the age of 30, pay to the Government a deposit of the kind described in that subregulation" (regulation 7(5))... "with the exception of regulation 7(5), requirements relating to the payment of a deposit shall not be required in respect of a renewal" (regulation 18(3))
Grade: Incomplete. The route exists: Gibraltar's Residency Regulations 2026 let the Authority waive the earnings test for an employee under 30. What the statement leaves out is what the text attaches. The waiver is a matter of choice (the Authority may grant it). The employer must have paid a deposit equal to the full employee and employer social insurance contribution that would be payable if the person earned the average, plus 25 per cent of the average gross annual earnings. The employer must pay a deposit again for each year the person is under 30, and this continues on renewal. The other conditions for an employee's permit still apply: a contract of at least a year, a licensed employer, a home in Gibraltar, age 55 or under, and vetting by the country last lived in. The route is in the rules for employees. The rules for self-employed people have no under-30 route.
Grade: Incomplete. The route exists: regulation 7(4) lets the Authority waive the earnings test for an employee under 30. What the statement leaves out is what the text attaches. The waiver is discretionary ("may"). The employer must have paid a deposit equal to the full employee and employer social insurance contribution that would be payable if the person earned the average, plus 25 per cent of the average gross annual earnings (7(4)(i) and (ii)). The employer must pay a deposit again for each year the person is under 30 (7(5)), and this continues on renewal (18(3)). The other conditions of regulation 7(1) still apply: a contract of at least a year, a licensed employer, a home in Gibraltar, age 55 or under, and vetting by the country last lived in. The route is in regulation 7, which covers employees. Regulation 9, for self-employed people, has no under-30 route.
282. Government of Gibraltar, in press release 682/2026 (the Minister for Health, Care and Business, Hon G Arias-Vasquez, is quoted later in the same release), 21 September 2026 — Incomplete
Where: HM Government of Gibraltar press release 682/2026, 21 September 2026 (amended version), notes to editors
Also reported: Not on the parliamentary record so far; issued as a Government press release (682/2026), 21 September 2026.
The words: "The Regulations expressly provide discretion to waive the age or earnings requirements where an applicant has skills important to Gibraltar's economic development or where there is a demonstrable shortage of labour or skills. That discretion can also be exercised in respect of an entire sector or industry."
Checked against: "The Chief Minister may waive the requirement in subregulation (1)(a) or (d) if the person" (Residency Regulations 2026, , regulation 7(3))... "is of good character" (regulation 7(3)(a))... "possessing skills that are important to the economic development and growth of Gibraltar" (regulation 7(3)(b)(i))... "belonging to a sector or industry where there exists a demonstrable shortage of labour or skills" (regulation 7(3)(b)(ii))... "and the Chief Minister may exercise this discretion in respect of a whole sector or industry" (regulation 7(3))... "The Chief Minister may waive the requirement in subregulation (1)(a) or (c) if the person" (regulation 9(3))
Grade: Incomplete. For employees the statement matches the Regulations. The Chief Minister may waive the earnings test or the age test where the person has skills important to Gibraltar's economic development or belongs to a sector with a demonstrable shortage of labour or skills, and may do this for a whole sector. What the statement leaves out is what the text attaches. The power belongs to the Chief Minister and is discretionary: the Chief Minister may use it but does not have to. The person must also be of good character, and it must be in the interests of Gibraltar for a permit to be issued because of the skills or the shortage. For self-employed people, the Regulations give a similar waiver of the earnings or age test for the same two reasons, but without the words allowing it for a whole sector or industry. The statement says "the Regulations" without that difference.
Grade: Incomplete. For employees the statement matches regulation 7(3). The Chief Minister may waive the earnings test or the age test where the person has skills important to Gibraltar's economic development or belongs to a sector with a demonstrable shortage of labour or skills, and he may do this for a whole sector. What the statement leaves out is what the text attaches. The power belongs to the Chief Minister and is discretionary ("may"). The person must also be of good character, and it must be in the interests of Gibraltar for a permit to be issued because of the skills or the shortage (7(3)(a) and (b)). For self-employed people, regulation 9(3) gives a similar waiver of the earnings or age test with the same two reasons, but it does not contain the words allowing it for a whole sector or industry. The statement says "the Regulations" without that difference.
283. Government of Gibraltar, in press release 682/2026 (the Minister for Health, Care and Business, Hon G Arias-Vasquez, is quoted later in the same release), 21 September 2026 — Incomplete
Where: HM Government of Gibraltar press release 682/2026, 21 September 2026 (amended version), notes to editors
Also reported: Not on the parliamentary record so far; issued as a Government press release (682/2026), 21 September 2026.
The words: "Gibraltar remains in charge of determining its own domestic residency criteria within the framework agreed under the Treaty. The Treaty requires proposed future changes to the relevant conditions to be notified to the Cooperation Council, which may give an opinion on their compatibility with the Treaty. That is not the same thing as Spain determining who Gibraltar chooses to admit as a resident."
Checked against: "The United Kingdom, in respect of Gibraltar, shall inform the Cooperation Council whenever changes are proposed to be made to the conditions in the legislation referred to in paragraph 2 after the date of entry into force of this Agreement. The Cooperation Council shall, within one month of being so informed, provide its opinion on whether or not such changes are compatible with this Agreement." (Agreement, Article 45(4))... "Such changes shall not, in any event, make it possible for a person to be able to obtain" (Article 45(4))... "a residence permit issued in Gibraltar unless they are able to demonstrate a genuine connection with Gibraltar" (Article 45(4)(b))... "the competent authorities of the Kingdom of Spain may inform the competent authorities of the United Kingdom, in respect of Gibraltar, of their objection to the issuance or renewal of a residence permit where the applicant is considered, in accordance with the Schengen acquis, to be a threat to public policy" (Agreement, Article 50(3))... "the competent authorities of the United Kingdom, in respect of Gibraltar, shall not issue or renew the residence permit" (Article 50(3))... "The Authority must refuse an application for the issuance or renewal of a residence permit if, in accordance with section 47(4) and (5) or 48(6) and (7) of the Act, the Schengen authorities inform the Authority of their objection" (Residency Regulations 2026, regulation 20(1))
Grade: Incomplete. The statement matches the treaty on notice: the UK, for Gibraltar, tells the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) about proposed changes, and the Council gives an opinion on whether they are compatible within one month. The treaty's rule on the right to reside contains nothing that gives Spain the power to set the criteria. What the statement leaves out is that the treaty also limits what the criteria can be. Permits are tied to the conditions in the law in force when the treaty entered into force. No change may make it possible to get an identity card on the basis of earlier residence without 10 years of continuous residence, or a permit without a genuine connection with Gibraltar. Conditions met by an investment or payment set in advance are barred. It also leaves out Spain's role over individual permits. Before a permit is issued or renewed, the UK, for Gibraltar, must notify Spain. Within 28 days Spain may object where the applicant is considered, under the Schengen rules, a threat to public policy, internal security, public health or the international relations of an EU country, and in that case the UK, for Gibraltar, must not issue or renew the permit. Gibraltar's Residency Regulations write this into Gibraltar law. Spain may also ask for the withdrawal of a permit held when the treaty entered into force, on the same grounds. So Spain does not set the criteria, but it has a defined role to object in individual cases.
Grade: Incomplete. The statement matches Article 45(4) as to notice: the UK, for Gibraltar, tells the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) of proposed changes and the Council gives an opinion on compatibility within one month. Article 45 contains no provision that gives Spain the power to set the criteria. What the statement leaves out is that the treaty also limits what the criteria can be. Article 45(2) ties permits to the conditions in the legislation in force when the treaty entered into force. Article 45(4) says no change may make it possible to get an identity card on prior residence without 10 years of continuous residence, or a permit without a genuine connection with Gibraltar. Article 45(6) bars conditions met by a predetermined investment or payment. It also leaves out Spain's role over individual permits. Before a permit is issued or renewed, the UK, for Gibraltar, must notify Spain (Article 50(2)). Within 28 days Spain may object where the applicant is considered, under the Schengen rules, a threat to public policy, internal security, public health or the international relations of an EU country, and in that case Gibraltar "shall not issue or renew" the permit (Article 50(3)). Regulation 20(1) of the Residency Regulations writes this into Gibraltar law. Article 52(3) lets Spain request the withdrawal of a permit held when the treaty entered into force, on the same grounds. So Spain does not set the criteria, but it has a defined objection role in individual cases.
284. HM Government of Gibraltar, Technical Notice (press release 696/2026), 23 September 2026 — Incomplete
Where: HM Government of Gibraltar press release 696/2026, Technical Notice on incorrect registration of Gibraltar residents on the Schengen Entry/Exit System, 23 September 2026, section 1 and footnote 1
Also reported: Not on the parliamentary record so far; reported by HM Government of Gibraltar press release 696/2026, 23 September 2026.
The words: "Gibraltar residents are exempt from the EES."... "This exemption applies at Gibraltar Airport and all external borders of the Schengen Area."... "the arrangements for the circulation of persons under the Treaty apply equally to Gibraltar identity cardholders who are not resident in Gibraltar"
Checked against: "Persons resident in Gibraltar shall be exempt from the requirements of the Entry/Exit System." (Agreement, Article 42(1)); "When crossing the external borders of a Member State, including the border crossing points referred to in Article 29(1)" (Article 42(1)); "'persons resident in Gibraltar' means persons having the legal right to reside in Gibraltar irrespective of their nationality, with the exception of Union citizens and nationals of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Swiss Confederation as well as nationals of the Principality of Andorra and the Republic of San Marino following the entry into force of agreements conferring such nationals with free movement rights" (Article 26(j)); "A legal right to reside in Gibraltar shall be proven on the basis of a person holding a valid identity card or residence permit issued in Gibraltar" (Article 45(1))
Grade: Incomplete. The treaty exempts people resident in Gibraltar from the EU's Entry/Exit System when they cross the external border of an EU country, and that includes the crossing points at Gibraltar that the treaty names. So the exemption applies at the airport and at other Schengen external borders, as the Government of Gibraltar's Technical Notice of 23 September 2026 says. The treaty defines people resident in Gibraltar by the legal right to live there, whatever their nationality, and says that right is proven by a valid Gibraltar identity card or residence permit. That fits the footnote about cardholders who do not live in Gibraltar. The words 'Gibraltar residents are exempt from the EES' alone match the treaty, as for the other statements in this group; the grade is Incomplete because of what follows. What the Notice leaves out is the exception in that definition: EU citizens, and nationals of Iceland, Liechtenstein, Norway and Switzerland, are outside it, as are nationals of Andorra and San Marino once agreements giving them free movement rights enter into force. The Notice also describes residents as holders of an identity card or a "civilian registration card". The treaty names an identity card or a residence permit and does not mention a civilian registration card, so the text does not settle that point.
Grade: Incomplete. Article 42(1) exempts persons resident in Gibraltar from the Entry/Exit System when they cross the external border of an EU country, and that includes the Gibraltar crossing points in Article 29(1). So the exemption applies at the airport and at other Schengen external borders, as the Government of Gibraltar's Technical Notice (press release 696/2026) says. Article 26(j) defines "persons resident in Gibraltar" by the legal right to reside, whatever the nationality, and Article 45(1) says that right is proven by a valid Gibraltar identity card or residence permit. That fits the footnote about cardholders who do not live in Gibraltar. The words 'Gibraltar residents are exempt from the EES' alone match Article 42(1), as for the other statements in this group; the grade is Incomplete because of what follows. What the Notice leaves out is the exception in Article 26(j): EU citizens, and nationals of Iceland, Liechtenstein, Norway and Switzerland, are outside the definition, as are nationals of Andorra and San Marino once agreements giving them free movement rights enter into force. The Notice also describes residents as holders of an identity card or a "civilian registration card". Article 45(1) names an identity card or a residence permit and does not mention a civilian registration card, so the text does not settle that point.
Where: HM Government of Gibraltar press release 692/2026, 23 September 2026 (publication of the Transaction Tax (Deductions) Rules 2026)
Also reported: Not on the parliamentary record so far; reported by HM Government of Gibraltar press release 692/2026, 23 September 2026.
The words: "tax relief to eligible retail and wholesale businesses for the additional cost of transaction tax incurred in the first 90 days after the Treaty on Gibraltar and the European Union was provisionally applied on 15 July 2026"... "The deduction is capped at 50% of the tax paid in the preceding accounting period or year of assessment"... "the 90-day period, which ends on 12 October 2026"... "excluding those principally selling food, beverages and household grocery products, tobacco, wine or spirits, fuel or vehicles"... "all deductions must comply with the de minimis state aid rules under the Treaty on Gibraltar and the European Union Act 2026"... "The 90-day period may be extended by further 90-day periods on the advice of an independent committee appointed by the Minister."
Checked against: "where a relevant person incurs costs in respect of transaction tax within the period of 90 days beginning on the Implementation Date" (Transaction Tax (Deductions) Rules 2026, , rule 4(1)); "limited to an amount equal to 50% of the amount of tax paid by the relevant person in the immediately preceding accounting period or year of assessment" (rule 4(5)(a), same file); "(d) fuel; or"... "(e) vehicles." (rule 3, definition of "relevant person", same file); "The Minister may extend the 90-day period referred to in rule 4(1) by a further 90 days by Notice in the Gazette if advised to do so by an independent committee composed of suitably qualified persons appointed by the Minister." (rule 5(1), same file); "Commencement 23.9.2026" (, heading)
Grade: Incomplete. Each point in the statement matches the Rules it describes. The Rules give a deduction for transaction tax paid in the 90 days beginning on the Implementation Date. Under Gibraltar's 2026 Act that brings the treaty into Gibraltar law, that term includes the provisional implementation date, so the Rules do not name 15 July 2026 themselves; the 90th day counted from 15 July is 12 October 2026. The Rules set the 50 per cent cap. They exclude traders whose trade mainly sells food, beverages and household grocery products, tobacco, wine or spirits, fuel or vehicles. They let the Minister extend by 90 days by notice in the Gazette on the advice of the independent committee, and let the Minister seek advice again at the end of each extension. The deduction is available only where the Commissioner is satisfied that it complies with the de minimis aid rules that apply under the Act. What the statement leaves out is that the Commissioner of Income Tax may withhold or adjust a deduction, and that a deduction is reduced if it can only be granted in part to comply with the de minimis limit. The Rules also require the trader to be up to date with tax, PAYE and social insurance on the Implementation Date; the release mentions this in a separate sentence.
Grade: Incomplete. Each point in the statement matches the Rules. Rule 4(1) gives a deduction for transaction tax paid in the 90 days beginning on the "Implementation Date". Under section 6(2) of the Treaty on Gibraltar and the European Union Act 2026 that term includes the provisional implementation date, so the Rules do not name 15 July 2026 themselves; the 90th day counted from 15 July is 12 October 2026. Rule 4(5)(a) sets the 50 per cent cap. Rule 3 excludes traders whose trade mainly sells food, beverages and household grocery products, tobacco, wine or spirits, fuel or vehicles. Rule 5(1) lets the Minister extend by 90 days by Gazette notice on the advice of the independent committee, and rule 5(2) lets the Minister seek advice again at the end of each extension. Rule 6(1) makes the deduction available only where the Commissioner is satisfied that it complies with the de minimis aid provisions that apply under section 68(4) of the Act. What the statement leaves out is that the Commissioner of Income Tax may withhold or adjust a deduction (rule 4(4) and rule 4(10)), and that a deduction is reduced if it can only be granted in part to comply with the de minimis limit (rule 6(2)). Rule 4(6) also requires the trader to be up to date with tax, PAYE and social insurance on the Implementation Date; the release mentions this in a separate sentence.
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.
Where: HM Government of Gibraltar press release 692/2026, 23 September 2026 (publication of the Transaction Tax (Deductions) Rules 2026)
Also reported: Not on the parliamentary record so far; reported by HM Government of Gibraltar press release 692/2026, 23 September 2026.
The words: "Businesses will be able to benefit from only one of these two measures, and those receiving relief under the Transaction Tax (Deductions) Rules 2026 will not be eligible for assistance under the modernisation scheme."
Checked against: "has been granted assistance under any scheme... published since the Implementation Date" (Transaction Tax (Deductions) Rules 2026, , rule 4(11))
Grade: Incomplete. Rule 4(11) says a trader "is not entitled to a deduction" under the Rules if it has been granted assistance under a scheme published since the Implementation Date that has the aim of financially supporting businesses in the modernisation of their premises, processes and procedures, IT or staff training. That is one half of the statement: a business that has received modernisation assistance cannot claim the deduction. The other half, that a business receiving the deduction will not be eligible for the modernisation scheme, is not in the Rules. It would have to be in the scheme itself. The held documents were searched for the modernisation scheme; the only references are in the Budget speech and this release, and the scheme text is not held. (The release also says the Government will publish the scheme "in the near future". That is a forecast and is not graded.)
Where: Ceremonial Opening of the Legal Year, Supreme Court, Gibraltar, 25 September 2026, as reported by the Gibraltar Chronicle, 26 September 2026. The Government's Law Offices had not published the address.
Also reported: Not on the parliamentary record so far; reported by the Gibraltar Chronicle, 26 September 2026.
The words: As reported; the record is not yet held. "Our overriding objective of avoiding a hard land border with Spain, without compromising sovereignty, has been achieved"... "It has been done through the establishment of bespoke arrangements with the Schengen Area and the EU Customs Union"
Checked against: "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction" (Agreement, Article 2); "persons may circulate between Gibraltar and the Member States applying the Schengen acquis in full without border checks being carried out" (Article 30(1)); "may exceptionally reinstate border control between Gibraltar and the territory of the Member States applying the Schengen acquis in full for a limited period of up to 10 days" (Article 30(2)); "A customs union between the Union and the United Kingdom, in respect of Gibraltar, is hereby established" (Article 240)
Grade: Incomplete. The treaty provides for people to move between Gibraltar and the EU countries that apply the Schengen rules in full without border checks, and it sets up a customs union between the EU and the UK, for Gibraltar. It also leaves the legal positions of the UK and Spain on sovereignty and jurisdiction as they were. These three provisions match the words. What the statement leaves out: either side may, exceptionally, bring back border control for up to 10 days, which can be extended to six months at most, where there is a serious threat to public policy, public health or internal security; either side may, after consultations, temporarily suspend its obligations on the movement of people where the commitments on it are seriously not respected, or where it faces a serious and persistent threat to internal security because there are no controls between the EU and Gibraltar; and the treaty protects Spain's legal position as well as the UK's. The reporter's separate sentence that the Office of Parliamentary Counsel drafted Gibraltar's 2026 Act that brings the treaty into Gibraltar law and "more than 50 pieces of subsidiary legislation", and the description of the work as "one of the largest and most complex legislative exercises", are not statements about what the treaty texts provide and are not graded.
Grade: Incomplete. Article 30(1) provides for circulation between Gibraltar and the EU countries applying the Schengen rules in full without border checks, and Article 240 establishes a customs union between the EU and the UK, for Gibraltar. Article 2 leaves the legal positions of the UK and Spain on sovereignty and jurisdiction as they were. These three provisions match the words. What the statement leaves out: Article 30(2) lets either side exceptionally reinstate border control for up to 10 days, which can be extended to a maximum of six months, where there is a serious threat to public policy, public health or internal security; Article 67(1) allows either Party, after consultations, to suspend temporarily its obligations on circulation of persons in the event of serious non-respect of commitments under that Part, or where it considers itself exposed to a serious and persistent threat to internal security due to the absence of controls between the EU and Gibraltar; and Article 2 protects Spain's legal position as well as the UK's. The reporter's separate sentence that the Office of Parliamentary Counsel drafted the Treaty on Gibraltar and the European Union Act 2026 and "more than 50 pieces of subsidiary legislation", and the description of the work as "one of the largest and most complex legislative exercises", are not statements about what the treaty texts provide and are not graded.
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.
Where: Gibraltar reception at a party conference in Liverpool, 28 September 2026: speech as published with HM Government of Gibraltar press release 718/2026, page 5, and the release itself (held copy of the release)
Also reported: Not on the parliamentary record so far; reported by HM Government of Gibraltar press release 718/2026, 29 September 2026.
The words: "This is the first time we have gathered at a Labour conference with our UK-EU Treaty in respect of Gibraltar in force."... "This year's reception was the first to be held since the UK-EU Treaty in respect of Gibraltar entered into force."
Checked against: "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." (Agreement, Article 336(1)); "Provisional application shall cease on the day referred to in paragraph 1." (Article 336(3)); "As from the date from which this Agreement is provisionally applied, the Parties shall understand references in this Agreement to"... "as references to the date from which this Agreement is provisionally applied." (Article 336(4))
Grade: Shaded. The treaty enters into force on the first day of the month after the UK and the EU have both told each other that their own internal steps are complete. The UK and the EU may apply it provisionally from an earlier date, and provisional application ends on the day it enters into force. The treaty has applied provisionally since 15 July 2026, according to the Government's press release of 29 September. The treaty says that, inside its own wording, a reference to entry into force is read as the date of provisional application, so the words can be read that way for the treaty's own purposes. In general use, 'in force' is wider: no document we hold shows that the UK and the EU had finished telling each other that their steps were complete. The same speech says that on 15 July the treaty entered into force provisionally (the published text runs the last two words together) and that the formal processes of ratification continue, so the speech itself gives the more exact position.
Grade: Shaded. Under Article 336(1) the UK-EU Agreement in respect of Gibraltar enters into force on the first day of the month after both Parties have notified each other that their internal procedures are complete. Under Article 336(2) and (3) the Parties may apply it provisionally from an earlier date, and provisional application ends on the day of entry into force. The treaty has applied provisionally since 15 July 2026, according to the Government's release 715/2026 of 29 September ("has applied provisionally since 15 July"). Article 336(4) says that, inside the treaty, a reference to "entry into force" is read as the date of provisional application, so the words can be read that way for the treaty's own purposes. In general use, "in force" is wider: the notifications under Article 336(1) had not been completed according to any held document. The same speech says that on 15 July the treaty "entered into" force provisionally (the published text runs the words together as "forceprovisionally") and that "The formal processes of ratification continue", so the speech itself gives the more exact position.
Where: Gibraltar reception at a party conference in Liverpool, 28 September 2026: speech as published with HM Government of Gibraltar press release 718/2026, page 7 (held copy of the release)
Also reported: Not on the parliamentary record so far; reported by HM Government of Gibraltar press release 718/2026, 29 September 2026 (the release says the treaty "fully upholds and explicitly protects the exclusively British sovereignty over Gibraltar, its territory and its waters").
The words: "It is safe on sovereignty."... "EXCLUSIVELY BRITISH sovereignty over Gibraltar, over our territory and our waters, is fully upheld and explicitly protected."
Checked against: "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction, and shall not constitute the basis for any assertion or denial of sovereignty, including in legal proceedings or otherwise" (Agreement, Article 2); "the territory of Gibraltar" (Article 328(b))
Grade: Shaded. The treaty provides that it and measures taken under it do not affect the legal positions of the UK or of Spain on sovereignty and jurisdiction, and cannot be used to assert or deny sovereignty. That bears out "safe on sovereignty" in the sense that neither position is changed. The words go further than the treaty in two ways. First, the treaty does not name or confirm British sovereignty, and it keeps Spain's legal position as well as the UK's. Second, the treaty does not mention territorial waters: both volumes of the treaty texts, the UK-Gibraltar Concordat on putting the treaty into effect, the Declaration of the Council and the Commission of 31 March 2026 and Gibraltar's 2026 Act that brings the treaty into Gibraltar law were searched for the words waters and sovereign, and no provision on the waters of Gibraltar was found. The treaty applies to the territory of Gibraltar and does not define a boundary.
Grade: Shaded. Article 2 provides that the UK-EU Agreement in respect of Gibraltar and measures taken under it do not affect the legal positions of the UK or of Spain on sovereignty and jurisdiction, and cannot be used to assert or deny sovereignty. That bears out "safe on sovereignty" in the sense that neither position is changed. The words go further than Article 2 in two ways. First, Article 2 does not name or confirm British sovereignty, and it keeps Spain's legal position as well as the UK's. Second, the treaty does not mention territorial waters: Volumes I and II, the UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar, the Declaration of the Council and the Commission of 31 March 2026 and the Treaty on Gibraltar and the European Union Act 2026 were searched for "waters" and "sovereign", and no provision on the waters of Gibraltar was found. Article 328(b) applies the treaty to "the territory of Gibraltar" and does not define a boundary.
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.
Where: HM Government of Gibraltar, press release 740/2026, 2 October 2026 (Minister Cortes holds meetings in Brussels on the implementation of UK-EU Agreement in respect of Gibraltar), quotation attributed to the Minister
Also reported: Not on the parliamentary record so far; published as a Government press release (740/2026), 2 October 2026.
The words: "The Agreement establishes a new framework for cooperation, including on environmental matters"
Checked against: "The Parties shall make all efforts through dialogue, consultation, exchange of information and cooperation to address any disagreement on the application of this Chapter." (Agreement, Article 223(1)). "In order to deliver enhanced cooperation on environmental protection, a Technical Committee"... "will be established for the exchange of information and as a forum for dialogue between the competent authorities" (Environmental Matters Arrangement, paragraph 1). "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" (Agreement, Article 219(4)).
Grade: Under review. The statement is a general one: that the treaty sets up a framework for cooperation that includes environmental matters. The text bears it out. The treaty has an environment chapter. On any disagreement under that chapter, the treaty requires the EU and the UK, for Gibraltar, to use dialogue, consultation, exchange of information and cooperation. The environmental matters arrangement, signed with Spain, sets up a technical committee that meets once a year, alternately in Gibraltar and Spain, and provides for exchange of information on projects with possible effects across the border, including projects under way at signature and, more specifically, landfill, wastewater and air pollution. The statement does not claim more than this, so no condition or limit is left out. The provisions read are the treaty's environment chapter, its clauses on the panel of experts, and the first ten paragraphs of the arrangement. For completeness: the same chapter also binds the UK, for Gibraltar, to levels of protection equivalent to the EU's, and a dispute under the chapter goes only to consultations and a panel of experts, not to the general arbitration route. Other parts of the release (that work to implement the treaty has been done, that allegations made in Brussels were "unsubstantiated", and the progress of the wastewater treatment plant) are statements about events in Gibraltar, not about what the text says, and are not graded here.
Grade: Under review. The statement is a general one: that the UK-EU Agreement in respect of Gibraltar sets up a framework for cooperation that includes environmental matters. The text bears it out. The treaty has an environment chapter (Articles 218 to 223). Article 223(1) requires the Parties to use "dialogue, consultation, exchange of information and cooperation" on any disagreement under that chapter. The Environmental Matters Arrangement, signed with Spain, sets up a Technical Committee that meets once a year, alternately in Gibraltar and Spain (paragraph 3), and provides for exchange of information on projects with possible effects across the border, including projects under way at signature and "more specifically, to land filling activities, wastewater, and air pollution" (paragraph 9). The statement does not claim more than this, so no condition or limit is left out. The provisions read are Articles 218 to 223 and 235 to 237 of the treaty and paragraphs 1 to 10 of the Arrangement. For completeness: the same chapter also binds the UK, for Gibraltar, to levels of protection equivalent to the EU's (Article 219(4)), and a dispute under the chapter goes only to consultations and a panel of experts (Articles 223(2) and 235 to 237), not to the general arbitration route. Other parts of the release (that work to implement the treaty has been done, that allegations made in Brussels were "unsubstantiated", and the progress of the wastewater treatment plant) are statements about events in Gibraltar, not about what the text says, and are not graded here.
Where: HM Government of Gibraltar press release 740/2026, 2 October 2026 (meetings in Brussels, including with Members of the European Parliament)
Also reported: Not on the parliamentary record so far; reported by HM Government of Gibraltar press release 740/2026, 2 October 2026.
The words: "to exchange views on the recent entry into force of the UK-EU Agreement in respect of Gibraltar"
Checked against: "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." (Agreement, Article 336(1)); "Provisional application shall cease on the day referred to in paragraph 1." (Article 336(3)); "began to apply provisionally on 15 July 2026" (HM Government of Gibraltar press release 732/2026)
Grade: Shaded. The treaty enters into force on the first day of the month after the UK and the EU have both told each other that their own internal steps are complete, and its provisional application ends on that day. Another Government press release says the treaty began to apply provisionally on 15 July 2026, and no document we hold records that the UK and the EU have told each other this. The treaty says that, where its own wording speaks of entry into force, this is read as the date of provisional application. That reading applies to the treaty's own wording. In ordinary use, entry into force means the later date, so the words read wider than the position in the text. (The release these words come from also says that ratification remains on track ahead of the European Parliament's consent vote in December. That is a forecast and is not graded.)
Grade: Shaded. Under Article 336(1) the UK-EU Agreement in respect of Gibraltar enters into force on the first day of the month after both Parties have notified each other that their internal procedures are complete, and provisional application ends on that day (Article 336(3)). The Government's own release 732/2026 says the treaty "began to apply provisionally on 15 July 2026", and no held document records the notifications under Article 336(1). Article 336(4) says references inside the treaty to the "entry into force" are read as the date of provisional application. That reading applies to the treaty's own wording. In ordinary use "entry into force" means the later date, so the words read wider than the position in the text. (Release 740/2026, the source of these words, also says that ratification "remains on track ahead of the European Parliament's consent vote in December". That is a forecast and is not graded.)
Where: Speech at the annual Gibraltar Government Reception at the Conservative Party Conference in Birmingham, 4 October 2026 (the date of GBC's report of the reception); the words are those quoted in HM Government of Gibraltar press release 746/2026, 5 October 2026
Also reported: Not on the parliamentary record so far; published in HM Government of Gibraltar press release 746/2026, 5 October 2026 ("Gibraltar’s British sovereignty is not negotiable Garcia tells Conservative Party"), and reported by GBC, 4 October 2026. The text of the speech itself is not held; the release quotes the passages below.
The words: "This Treaty does not touch Gibraltar’s sovereignty" ... "Indeed, the actual text protects our position on sovereignty."
Checked against: "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 2)
Grade: Shaded. The treaty says that it, any supplementing agreements it provides for, any administrative or other arrangements related to it, and any measures, instruments or conduct taken in applying it or as a result of it, do not prejudice and do not otherwise affect the legal positions of the UK or of Spain on sovereignty and jurisdiction, and are not the basis for any assertion or denial of sovereignty, in legal proceedings or otherwise. The words say that the Treaty does not touch 'Gibraltar’s sovereignty' and that the text protects 'our position on sovereignty'. That bears out the point that the treaty leaves the existing legal positions unchanged. The words read differently from the text in two ways. First, they name Gibraltar as the holder of a sovereignty and of a position; the treaty names no holder, protects the legal positions of the UK and of Spain, and does not say which of them holds sovereignty or refer to a position of Gibraltar's. Second, they speak of sovereignty only; the treaty covers jurisdiction as well, and also provides that nothing under the treaty is a basis for asserting or denying sovereignty. Two other parts of the passage are not graded: that the Treaty 'does not diminish our British institutions and way of life', which is a political judgement, and the description of the frontier as 'the route taken by fifteen thousand employees on their way to work', which is not a statement about what a provision says.
Grade: Shaded. Article 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 (Miscellaneous No. 9 (2026)) says that it, any supplementing agreements as referred to in Article 4, any administrative arrangements or other arrangements related to it, and any measures or instruments or conduct taken in application or as a result of it, 'shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction, and shall not constitute the basis for any assertion or denial of sovereignty, including in legal proceedings or otherwise'. The words say that the Treaty does not touch 'Gibraltar’s sovereignty' and that the text protects 'our position on sovereignty'. That bears out the point that the treaty leaves the existing legal positions unchanged. The words read differently from the text in two ways. First, they name Gibraltar as the holder of a sovereignty and of a position; Article 2 names no holder, protects the legal positions of the UK and of the Kingdom of Spain, and does not say which of them holds sovereignty or refer to a position of Gibraltar's. Second, they speak of sovereignty only; Article 2 covers jurisdiction as well, and also provides that nothing under the treaty is a basis for asserting or denying sovereignty. The provisions read are Articles 2 and 4. Two other parts of the passage are not graded: that the Treaty 'does not diminish our British institutions and way of life', which is a political judgement, and the description of the frontier as 'the route taken by fifteen thousand employees on their way to work', which is not a statement about what a provision says.
What would settle it: The text of the speech itself, which is not held; the press release quotes only the passages above. (Question 2.103 in Questions about the treaty, Part 2.)
449. Government of Gibraltar, in press release 745/2026 (the Minister for the Environment and Climate Change, Hon Prof J E Cortes, is quoted later in the same release), 5 October 2026 — Shaded
Where: HM Government of Gibraltar press release 745/2026, 5 October 2026 (Minister Cortes takes Treaty’s climate commitments to Green Party conference), in the release's own words, not a quotation of the Minister
Also reported: Not on the parliamentary record so far; published as a Government press release (745/2026), 5 October 2026.
The words: "The Treaty describes climate change as an existential threat to humanity. It makes the fight against climate change, including respect for the Paris Agreement, an essential element of the cooperation it establishes, alongside democracy, the rule of law and human rights. Gibraltar has also agreed to uphold environmental and climate protections equivalent to those in the EU."
Checked against: "The Parties consider that climate change represents an existential threat to humanity" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 9(1)). "Article 8(1), Article 9(1) and Article 10(1) constitute essential elements of the cooperation established by this Agreement and any supplementing agreement." (Article 16(1)). "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(4))
Grade: Shaded. Of the three sentences, the first matches the text, the second leaves something out and the third names a different actor from the text. First: the treaty says that its parties consider climate change an existential threat to humanity. Second: the treaty makes that climate clause an essential element of the cooperation, together with democracy, the rule of law and respect for human rights, and countering the spread of weapons of mass destruction; the release names the first of these two and not the second, so 'alongside democracy, the rule of law and human rights' reads as the whole list of essential elements, which it is not. The climate clause also requires each party to respect the Paris Agreement and not to do or fail to do anything that would materially defeat its object and purpose. Third: the treaty puts the duty on the UK, for Gibraltar, to keep 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; the release says 'Gibraltar has also agreed' and does not mention the duty to enforce.
Grade: Shaded. Of the three sentences, the first matches the text, the second leaves something out and the third names a different actor from the text. First: Article 9(1) 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 (Miscellaneous No. 9 (2026)) says that 'The Parties consider that climate change represents an existential threat to humanity'. Second: Article 16(1) makes Article 9(1) an essential element of the cooperation, together with Article 8(1) (democracy, the rule of law and respect for human rights) and Article 10(1) (countering the proliferation of weapons of mass destruction); the release names the first of these two and not the second, so 'alongside democracy, the rule of law and human rights' reads as the whole list of essential elements, which it is not. Article 9(1) also requires each Party to 'respect the Paris Agreement' and to 'refrain from acts or omissions that would materially defeat the object and purpose of the Paris Agreement'. Third: Article 219(4) puts the duty on 'The United Kingdom, in respect of Gibraltar', to 'uphold environmental and climate levels of protection that are equivalent to the levels in place in the Union', and adds 'including by effectively enforcing environmental and climate law applicable to and in Gibraltar'; the release says 'Gibraltar has also agreed' and does not mention the duty to enforce. The provisions read are Articles 8, 9, 10, 16 and 219.
Where: HM Government of Gibraltar press release 750/2026, 6 October 2026 (Fabian Picardo addresses UN Fourth Committee for the Last Time), the release's account of the Chief Minister's address to the Fourth Committee of the United Nations General Assembly
Also reported: Not on the parliamentary record so far; published as a Government press release (750/2026), 6 October 2026. The release gives its account of the address, not the text of the address.
The words: "the Treaty has enabled the removal of the physical frontier barriers while expressly preserving the respective positions on sovereignty"
Checked against: "All physical barriers shall be removed in accordance with the implementation plan contained in the relevant administrative arrangement between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 7). "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction" (Article 2)
Grade: Incomplete. The treaty provides that all physical barriers are to be removed following the implementation plan in the administrative arrangement on this between the UK, for Gibraltar, and Spain. That bears out 'enabled the removal of the physical frontier barriers': the treaty provides for the removal. The statement's words do not say that the barriers have been removed, and the text cannot show whether they have. The treaty also provides that it, and the measures taken under it, do not prejudice or otherwise affect the legal positions of the UK or of Spain on sovereignty and jurisdiction, which bears out 'preserving the respective positions on sovereignty'. The statement leaves out what the text attaches: the removal is to follow the implementation plan in the administrative arrangement; and this protection covers jurisdiction as well as sovereignty, and the treaty also provides that nothing done under it is a basis for asserting or denying sovereignty. Three of the treaty's provisions were read.
Grade: Incomplete. Article 7 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 (Miscellaneous No. 9 (2026)) provides that 'All physical barriers shall be removed in accordance with the implementation plan contained in the relevant administrative arrangement between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain'. That bears out 'enabled the removal of the physical frontier barriers': the treaty provides for the removal. The words do not say that the barriers have been removed, and the text cannot show whether they have. Article 2 provides that the treaty and the measures taken under it 'shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction', which bears out 'preserving the respective positions on sovereignty'. The words leave out what the text attaches: the removal is to follow the implementation plan in the administrative arrangement; and Article 2 covers jurisdiction as well as sovereignty, and also provides that nothing under the treaty is a basis for asserting or denying sovereignty. The provisions read are Articles 2, 4 and 7.
Where: HM Government of Gibraltar press release 778/2026, 13 October 2026 (Technical Notice – Follow-up: Incorrect Registration of Gibraltar Residents on the Schengen Entry/Exit System (EES)), and press release 784/2026, 14 October 2026 (Opposition approach to EES issue negative and destructive), in the releases' own words, not a quotation of a Minister
Also reported: Not on the parliamentary record so far; published as Government press releases (778/2026 and 784/2026). The Gibraltar Chronicle (13 October 2026) and GBC (14 October 2026) reported the notice and the statement; their reports are second references only. The instruction from the European Commission to the Schengen authorities, which release 778/2026 reports, was not seen.
The words: "the European Commission has issued further instructions and guidance to the Schengen authorities, making clear that, under the treaty arrangements, Gibraltar residents should not be registered in the EES or be required to interact with the system" (release 778/2026); "you are the holder of a Gibraltar identity card or Gibraltar civilian registration card and that, in accordance with the arrangements under the Agreement between the European Union and the United Kingdom in respect of Gibraltar, you are exempt from EES registration" (release 778/2026); "The UK-EU treaty in respect of Gibraltar provides in Article 42 an exemption for the holders of Gibraltar identity cards and civil registration cards to register with and be processed by the system" (release 784/2026)
Checked against: "Persons resident in Gibraltar shall be exempt from the requirements of the Entry/Exit System." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 42(1)). "'persons resident in Gibraltar' means persons having the legal right to reside in Gibraltar irrespective of their nationality, with the exception of Union citizens and nationals of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Swiss Confederation as well as nationals of the Principality of Andorra and the Republic of San Marino following the entry into force of agreements conferring such nationals with free movement rights" (Article 26(j)). "A legal right to reside in Gibraltar shall be proven on the basis of a person holding a valid identity card or residence permit issued in Gibraltar by the competent authorities of the United Kingdom, in respect of Gibraltar, and subject to the conditions set out in this Article." (Article 45(1))
Grade: Incomplete. The treaty says that persons resident in Gibraltar are exempt from the Entry/Exit System (EES), the EU's system that records the entry and exit of travellers from outside the EU. That bears out the statements that there is an exemption. The statements leave out who it is given to. The treaty defines persons resident in Gibraltar as people with the legal right to reside there, whatever their nationality, but not EU citizens and not nationals of Iceland, Liechtenstein, Norway or Switzerland (nor, once free movement agreements take effect, nationals of Andorra and San Marino). It proves that right by a valid Gibraltar identity card or residence permit. The releases name holders of identity cards and of civilian registration cards, and one of them also names identity card holders 'irrespective of whether they reside in Gibraltar'. The words civilian registration card and civil registration card do not occur in the signed text of the treaty, which names an identity card or residence permit. So the statements are true as far as they go, and they leave out those exclusions and that test. The Government's account of what the European Commission has told the Schengen authorities was not checked against the instruction, which was not seen. The rest of the two releases is not graded: it is an account of events and opinion. Three of the treaty's provisions were read.
Grade: Incomplete. Article 42(1) 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 (Miscellaneous No. 9 (2026)) provides that 'Persons resident in Gibraltar shall be exempt from the requirements of the Entry/Exit System'. That bears out the statements that the treaty gives an exemption from the Entry/Exit System (EES), the EU's system that records the entry and exit of travellers from outside the EU. The statements leave out who the exemption is given to. Article 42(1) names 'persons resident in Gibraltar'. Article 26(j) defines them as persons having the legal right to reside in Gibraltar, whatever their nationality, but not EU citizens and not nationals of Iceland, Liechtenstein, Norway or Switzerland, nor, once agreements giving them free movement rights enter into force, nationals of Andorra and San Marino. Article 45(1) provides that the legal right to reside is proven by holding a valid identity card or residence permit issued in Gibraltar. The releases speak of holders of a Gibraltar identity card and of a Gibraltar civilian registration card (release 784/2026: 'civil registration cards'), and release 778/2026 also speaks of holders of identity cards 'irrespective of whether they reside in Gibraltar'. The words 'civilian registration card' and 'civil registration card' do not occur in Volume I of the signed text, which names an identity card or residence permit. So the statements are true as far as they go, and they leave out the exclusions in Article 26(j) and the test of the legal right to reside in Article 45(1). The Government's account of what the European Commission has told the Schengen authorities was not checked against the instruction, which was not seen, and the text cannot show what the instruction says. The rest of the two releases is not graded: the account of when the EES came into effect, of what the Commission insisted on and of what was said to the Opposition is an account of events and opinion. The provisions read are Articles 26, 42 and 45.
Where: Government of Gibraltar press release 813/2026, "Minister Arias-Vasquez announces business think tank and new over-55s residency route at GibLink London" (21 October 2026; the Government's own account of a Minister's keynote)
The words: The Government "will amend the Residency Regulations to create a new route for people over the age of 55 who are entirely self-sufficient and wish to live in Gibraltar"; applicants "will be required to hold private medical insurance, make a financial contribution to the health system and spend at least six months a year in Gibraltar"; "The amendments will be published by the end of October, following consultation with relevant stakeholders"
Grade: Untested. The Minister's statement is about what the Government will do, and none of it is law yet, so there is nothing to check it against. The Residency Regulations 2026, as held here, give six grounds for a residence permit and none for a new applicant who is self-sufficient, and no amendment to them is held. The treaty says that a change to the conditions for residence permits must be notified to the Cooperation Council, which gives its opinion within one month on whether the change is compatible with the treaty, and that no change may allow a permit without a demonstrated genuine connection with Gibraltar. The treaty also says that predetermined financial payments to the Gibraltar authorities do not meet the condition for a permit. The release gives no amount for the 'financial contribution to the health system' and does not say whether it is fixed in advance or who receives it. A permit issued or renewed under a new route would go through Spain's notification and 28-day objection window, unless the holder is exempt. This is carried as the Government's statement of intent: the Legal Notice, when it is published, is the source of fact.
Grade: Untested. Nothing to check it against yet, and none of it is law. The Residency Regulations 2026 as held (, with the corrigendum ) give six grounds for a permit in regulation 6(1) and none for a new applicant who is self-sufficient; no amendment is held. Any such route changes the conditions in the legislation in force on the date of entry into force, so Article 45(4) requires the Cooperation Council to be informed and to give its opinion on compatibility within one month; no change may allow a permit without a demonstrated genuine connection (45(4)(b), 45(5)); and the condition for a permit "shall not be met… as a result of any predetermined financial payments having been made to the Gibraltar authorities" (45(6)(b)) — the release gives no amount and does not say whether it is fixed in advance or who receives it. A permit issued or renewed under it would go through Spain's notification and 28-day objection window unless the holder is exempt under Article 50(12) (EU citizens and their family members, referred to in Articles 2 and 3 of Directive 2004/38/EC; nationals of Iceland, Liechtenstein, Norway, Switzerland, Andorra and San Marino and their family members who have equivalent free-movement rights under agreements with the EU) (Articles 45(7) and 50). Carried as the Government's statement of intent; the Legal Notice, when published, is the source of fact.
Where: Government of Gibraltar press release 801/2026, address by the Chief Minister at the Financial Services Lunch, Gibraltar Day London (19 October 2026)
The words: "On the 14th of July this year, we signed the Treaty in Brussels"
Grade: Verified as to the date and place. The treaty text ends with the place and date of signing, Brussels, 14 July 2026. The signatories it names are the EU and Euratom, and the UK. The text does not say whether the Government of Gibraltar signed in its own name: 'we' is the Chief Minister's word.
Grade: Verified as to the date and place. Volume I ends "DONE at Brussels on the fourteenth day of July in the year two thousand and twenty six". The signatories the text names are for the EU and Euratom and for the UK. Whether the Government of Gibraltar signed in its own name is not in the text; "we" is the Chief Minister's word
Where: Government of Gibraltar press release 801/2026, address by the Chief Minister at the Financial Services Lunch, Gibraltar Day London (19 October 2026)
The words: "And all of that without conceding anything in respect of sovereignty."
Grade: Verified, as far as it goes. The treaty says that it, the arrangements and the measures taken under them do not prejudice or otherwise affect the legal positions of the UK or of Spain on sovereignty and jurisdiction, and are not the basis for any assertion or denial of sovereignty. That protects the legal positions. It does not say what the arrangements concede in practice on presence or control.
Grade: Verified, as far as it goes. Article 2: the treaty, the arrangements and measures taken under them "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction", and are not "the basis for any assertion or denial of sovereignty". That protects the legal positions. It does not say what the arrangements concede in practice on presence or control.
Where: Government of Gibraltar press release 801/2026, address by the Chief Minister at the Financial Services Lunch, Gibraltar Day London (19 October 2026)
The words: "It protects the over 15,000 cross-frontier workers."
Grade: Shaded. The treaty gives frontier workers rights to take up work, to equal treatment and to enter, stay and leave, but only to EU citizens legally residing in Spain, UK nationals legally residing in Gibraltar, and their family members. 'Over 15,000' matches only the Statistics Office's monthly table of registered frontier workers (15,228 in January 2025 to 15,509 in December 2025); it is above the Employment Survey count (13,844 jobs, October 2024) and the Key Indicators figure (14,112, 2025), which this site keeps as its standard. Of the 14,112 frontier-worker jobs in the Employment Survey 2025 nationality table, 2,377 are held by Gibraltarian, other British, Moroccan and other nationals who, as frontier workers, live in Spain, so they are outside both groups the treaty names; whether any is covered as a family member cannot be read from the Survey. 'Over 15,000' is not carried as fact.
Grade: Shaded. Rights: Part Four gives frontier workers rights to take up work, equal treatment and to enter, stay and leave (Articles 291 and 292), but only to the persons in Article 291(1): EU citizens legally residing in Spain, UK nationals legally residing in Gibraltar, and their family members. Figure: "over 15,000" matches the Statistics Office's monthly table of registered frontier workers (15,228 in January 2025 to 15,509 in December 2025, as recorded in the pack's corrections record); it is above the Employment Survey count (13,844 jobs, October 2024) and the Key Indicators figure (14,112, 2025), which the pack keeps as its standard. Of the 14,112 frontier-worker jobs in the Employment Survey 2025 nationality table, 11,735 are held by Spanish (9,374) and other EU (2,361) nationals and 2,377 by Gibraltarian (352), other British (1,767), Moroccan (50) and other (208) nationals; the Survey defines a frontier worker as "an employee who is normally resident in Spain and is employed in Gibraltar", so the 2,377 live in Spain; none is shown as an EU citizen, so on nationality alone they are outside Article 291(1)(a) (EU citizens legally residing in Spain), and living in Spain they are outside (b) (UK nationals legally residing in Gibraltar); whether any is covered as a family member (291(1)(c)) cannot be read from the Survey. The pack uses 14,112; "over 15,000" is not carried as fact.
Where: Government of Gibraltar press release 801/2026, address by the Chief Minister at the Financial Services Lunch, Gibraltar Day London (19 October 2026)
The words: Gibraltar offers "Regulation aligned with the United Kingdom, with access to the UK market" (the claim is that the combination is available in Gibraltar now)
Grade: Shaded. Alignment is the price of the access, not a separate fact: access to the UK market for services depends on Gibraltar keeping its financial rules and supervision aligned with the UK's. Access today is the transitional arrangement, extended to 31 December 2026 and renewed by Westminster each year; the permanent regime is not yet in operation. The treaty leaves services outside it.
Grade: Shaded. Alignment is the price of the access, not a separate fact: access to the UK market for services is conditional on Gibraltar keeping its financial rules and supervision aligned with the UK's (HM Treasury's test is "closely aligned standards of financial regulation, authorisation, supervision and enforcement"). Access today is the transitional arrangement, extended to 31 December 2026 by SI 2025/1182 and renewed by Westminster each year; the permanent regime is not yet in operation. The treaty leaves services outside it.
Where: Government of Gibraltar press release 801/2026, address by the Chief Minister at the Financial Services Lunch, Gibraltar Day London (19 October 2026)
The words: "The Gibraltar Authorisation Regime is your London Bridge"
Grade: Shaded. The Gibraltar Authorisation Regime was created by the Financial Services Act 2021 but is not operational: the 2025 Explanatory Memorandum says that secondary legislation is required to implement it and 'is being prepared', and no start date is set. When it does start, HM Treasury keeps a regular review process and the ability to withdraw approval for an activity or activities within the regime. A bridge not yet built, and one that can be closed activity by activity.
Grade: Shaded. The Gibraltar Authorisation Regime was created by section 22 of, and Schedule 6 to, the Financial Services Act 2021, which inserted Schedule 2A into the Financial Services and Markets Act 2000; it is not operational. The 2025 Explanatory Memorandum states that secondary legislation is required to implement it and "is being prepared"; no commencement date is set, and the pack's timetable expects it to open UK market access at the end of 2027. When it does, HM Treasury conducts a "regular review process" and retains the "ability to withdraw approval for an activity or activities within the regime". A bridge not yet built, and one that can be closed activity by activity.
In the Gibraltar Parliament (Hansard)
Where: Gibraltar Parliament, Hansard, Friday 15 January 2021, afternoon session, page 21 (reply to the statement on the New Year's Eve framework)
The words: "If a bespoke Customs Union arrangement is entered into, there would not only be Schengen checks at the Port or Airport, there would also be customs checks."
Checked against: "Installation of two Border Control Points compliant with EU legislation, one at Gibraltar airport and one at Gibraltar port. Concerning international travellers entering Gibraltar from non-EU countries, customs controls on pets and SPS goods in luggage will be transferred to the airport and at the port." - 2020 framework, paragraph 13(b); "Safeguards for cases of circumvention or of no proper application of the relevant EU customs legislation, and consequences (e.g. reintroduction of customs checks)." - 2020 framework, paragraph 13(d)
Grade: Incomplete. The framework of 31 December 2020 provides for two Border Control Points, at Gibraltar airport and port. For international travellers entering Gibraltar from non-EU countries it moves "customs controls on pets and SPS goods in luggage" to the airport and port. So the framework does place some customs controls at the port and airport alongside the Schengen checks. The framework also says other customs procedures will be formalised "at customs points in Spain or using simplified procedures", and it adds safeguards, including "reintroduction of customs checks" in cases of circumvention. The statement says "customs checks" without limit. The framework specifies controls on pets and sanitary and phytosanitary (SPS) goods in luggage, and customs points in Spain for other procedures. The statement is true as far as it goes and leaves out that scope.
Grade: Incomplete. Paragraph 13(b) of the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU provides for two Border Control Points, at Gibraltar airport and port. For international travellers entering Gibraltar from non-EU countries it moves "customs controls on pets and SPS goods in luggage" to the airport and port. So the framework does place some customs controls at the port and airport alongside the Schengen checks. Paragraph 13(a) says other customs procedures will be formalised "at customs points in Spain or using simplified procedures". Paragraph 13(d) adds safeguards, including "reintroduction of customs checks" in cases of circumvention. The statement says "customs checks" without limit. The framework specifies controls on pets and sanitary and phytosanitary (SPS) goods in luggage, and customs points in Spain for other procedures. The statement is true as far as it goes and leaves out that scope.
Where: Gibraltar Parliament, Hansard, Friday 15 January 2021, afternoon session, page 21 (question in reply to the statement on the New Year's Eve framework)
The words: "even joint patrols of waters are being envisaged"
Checked against: "Spanish and Gibraltar authorities will perform joint external border surveillance through seamless police and judicial cooperation." - 2020 framework, Annex 1, paragraph 3
Grade: Shaded. The question asserts that "joint patrols of waters" are envisaged. The proposed framework of 31 December 2020 on Gibraltar's future relationship with the EU says Spanish and Gibraltar authorities will carry out joint external border surveillance through seamless police and judicial cooperation, and that arrangements for police and judicial cooperation are to be agreed. It does not use the word patrols and does not mention waters. So the words are accurate that some joint external border surveillance is envisaged. They read wider than the text, which does not say patrols or waters. The Chief Minister's answer (entry 6) reads narrower than the same text.
Grade: Shaded. The question asserts that "joint patrols of waters" are envisaged. Annex 1, paragraph 3 of the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU says Spanish and Gibraltar authorities "will perform joint external border surveillance through seamless police and judicial cooperation", and that police and judicial cooperation arrangements "shall be agreed". It does not use the word "patrols" and does not mention waters. So the words are accurate that some joint external border surveillance is envisaged. They read wider than the text, which does not say patrols or waters. The Chief Minister's answer (entry 6) reads narrower than the same text.
Where: Gibraltar Parliament, Hansard, Friday 15 January 2021, afternoon session, page 53 (question to the Chief Minister)
The words: "after four years, the Spanish government’s position, as reflected in the agreement, is that it will be Spanish police officers"
Checked against: "Spanish authorities, in application of the Schengen acquis will make the decision on the authorization or refusal of entry into the Schengen Area." - 2020 framework, Annex 1, paragraph 1; "A joint operation with the European Border and Coast Guard Agency may thus be established for a period of 4 years." - 2020 framework, paragraph 10
Grade: Shaded. The proposed framework of 31 December 2020 on Gibraltar's future relationship with the EU makes Spain responsible for Schengen checks from the start. It says a joint operation with Frontex (the EU border and coast guard agency) may be set up for a period of 4 years, and that if either side is not satisfied at the end, the agreement will be ended. It does not say that after four years the checks will be carried out by "Spanish police officers". It speaks of Spanish authorities and of Spanish and Gibraltar officials. The statement describes the text's position as more specific, and as a firm outcome after four years, than the text is. The words are accurate that Spain is the competent authority.
Grade: Shaded. The proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU makes Spain responsible for Schengen checks from the start (paragraphs 5 and 6, and Annex 1, paragraph 1). It says a joint operation with Frontex (the EU border and coast guard agency) "may thus be established for a period of 4 years" and that if either side is not satisfied at the end, "the agreement will be terminated" (paragraph 10). It does not say that after four years the checks will be carried out by "Spanish police officers". It speaks of "Spanish authorities" and "Spanish and Gibraltar officials" (Annex 1, paragraph 2). The statement describes the text's position as more specific, and as a firm outcome after four years, than the text is. The words are accurate that Spain is the competent authority.
Where: Gibraltar Parliament, Hansard, Friday 15 January 2021, afternoon session, page 36 (same point repeated at page 37: "a secondary Frontex check in our Port and Airport will be the ultimate arbiter of who enters Schengen")
The words: "Gibraltar is to reach an understanding with the Schengen territory and a secondary Frontex check in our Port and Airport will be the ultimate... arbiter of who enters Schengen"
Checked against: "Spanish authorities, in application of the Schengen acquis will make the decision on the authorization or refusal of entry into the Schengen Area." - 2020 framework, Annex 1, paragraph 1; "During that period Spain, in agreement with the Gibraltar authorities shall request operational assistance from the European Border and Coast Guard Agency for some tasks related to Schengen checks and external border protection" - 2020 framework, paragraph 10
Grade: Contradicted. Graded against the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar’s future relationship with the EU, the document the speaker was describing: the framework put the decision on entry with the Spanish authorities. The framework says that the Spanish authorities, applying the Schengen rules, will decide whether to authorise or refuse entry into the Schengen Area. It makes Spain responsible for Schengen checks. It gives Frontex (the EU border and coast guard agency) a part in some tasks related to Schengen checks during an implementation period, at Spain’s request, but not the decision on entry. So the text puts the decision on entry into the Schengen Area with the Spanish authorities, not with a Frontex check. The statement that a Frontex check will be ‘the ultimate arbiter’ is different from what the text says. The first part of the sentence (an understanding between Gibraltar and the Schengen territory) is not what is graded here. The signed treaty and the seven administrative arrangements between the UK, for Gibraltar, and Spain held here do not mention that agency; the arrangement on how Schengen border checks and border surveillance will be carried out recalls that Spain, as the neighbouring EU Schengen country, is responsible, as a matter of EU law, for the Schengen entry and exit checks at the port and airport. The statement did not match the framework when it was made, and the signed texts do not support it either, so the grade stays.
Grade: Contradicted. Graded against the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU, the document the speaker was describing: the framework put the decision on entry with the Spanish authorities. Annex 1, paragraph 1 of the framework says that "Spanish authorities, in application of the Schengen acquis will make the decision on the authorization or refusal of entry into the Schengen Area". Paragraph 5 makes Spain responsible for Schengen checks. Paragraph 10 gives Frontex (the EU border and coast guard agency) a part in "some tasks related to Schengen checks" during an implementation period, at Spain's request. So the text puts the decision on entry into the Schengen Area with Spanish authorities, not with a Frontex check. The statement that a Frontex check will be "the ultimate arbiter" is different from what the text says. The first part of the sentence (an understanding between Gibraltar and the Schengen territory) is not what is graded here. Paragraph 10 of the framework does give the European Border and Coast Guard Agency (Frontex) a part in some tasks for an implementation period, at Spain's request, but not the decision on entry. The signed UK-EU Agreement in respect of Gibraltar and the seven administrative arrangements between the UK, for Gibraltar, and Spain (Arrangements to ) held here do not mention that Agency; Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted) recalls that Spain, as the neighbouring EU Schengen country, is responsible, as a matter of EU law, for the Schengen border entry and exit checks at the port and airport. The statement did not match the framework when it was made, and the signed texts do not support it either, so the grade stays.
Where: Gibraltar Parliament, Hansard, Friday 15 January 2021, afternoon session, page 46 (reply to the statement on the New Year's Eve framework)
The words: "it requires Gibraltar to apply the Common External Tariff and... apply substantially the same duties and trade policies as the EU"
Checked against: "It would also include the measures which Gibraltar (although a separate customs territory from the EU) will have to apply, including: (a) The Common External Tariff, with Gibraltar applying substantially the same duties and trade policy measures as the EU." - 2020 framework, paragraph 12; "The EU/UK (GIB) Agreement could foresee a bespoke solution" - 2020 framework, paragraph 11
Grade: Incomplete. The framework of 31 December 2020 proposed for a future UK-EU legal instrument on Gibraltar's future relationship with the EU does list the Common External Tariff, with Gibraltar applying substantially the same duties and trade policy measures as the EU, among the measures Gibraltar will have to apply. The statement says the framework "requires" this. It leaves out the condition. That passage sits under one that says the future UK-EU agreement could provide for a tailor-made solution, and it is worded as something that solution would also include. So the measures follow only if that solution is adopted. The words quoted in the statement are otherwise close to the text, including the word substantially.
Grade: Incomplete. Paragraph 12 of the proposed framework of 31 December 2020 for a future UK-EU legal instrument setting out Gibraltar's future relationship with the EU does list "The Common External Tariff, with Gibraltar applying substantially the same duties and trade policy measures as the EU" among the measures Gibraltar "will have to apply". The statement says paragraph 12 "requires" this. It leaves out the condition. Paragraph 12 sits under paragraph 11, which says the future UK-EU agreement "could foresee a bespoke solution", and paragraph 12 is worded "It would also include". So the measures follow only if that solution is adopted. The words quoted are otherwise close to the text, including "substantially".
Where: Gibraltar Parliament, Hansard, Thursday 15 January 2026, afternoon session, page 18 (Questions 943-948, import duty and the transaction tax; supplementary question on Question 947)
The words: "they will be subject to an additional 12% tariff. That means at 15% it goes up to 27% and at 17% transaction tax it would then be up to 29%, just shy of a third"
Checked against: "The taxable amount for goods imported into Gibraltar shall be determined with reference to the value for customs purposes. It shall include, insofar as these elements were not already included in the customs value:"... "taxes, duties, levies and other charges, including excise duties, due by reason of importation, excluding the transaction tax to be levied" (Agreement, Annex 24, Article 2(1) and (1)(a)); "Year 1 Year 2 Year 3 15 % 16 % 17 % (or such rate as may be the lowest applied by any Member State at that time)" (Annex 24, Article 2(3)(a), table)
Grade: Contradicted. Said before the draft was published. The draft treaty laid on 26 February 2026 carries the same provisions. The statement has two parts. The first part, that goods bought from a UK supplier but made in a third country pay EU customs duty, is in line with the treaty (the EU tariff applies unless the goods qualify under the Trade and Cooperation Agreement). That part is true as far as it goes, but the duty rate depends on the product and 12% is not a rate the treaty sets. The second part, the sums, is the weaker part and is what is graded: 12% plus 15% is given as 27%, and 12% plus 17% as 29%. The treaty makes the transaction tax apply to the customs value plus duties, so the tax is charged on the price plus any duty, which the statement puts at 12%. On a price of 100: if the duty is 12%, the taxable amount is 112, so 15% of it is 16.80 and duty and tax together come to 28.80; if the duty is 12%, the taxable amount is 112, so 17% of it is 19.04 and duty and tax together come to 31.04. The figures in the statement are lower than the text produces for a 12% duty rate. The 15% and 17% rates match the treaty.
Grade: Contradicted. Said before the draft was published. The draft UK-EU Agreement in respect of Gibraltar laid on 26 February 2026 carries the same provisions (Annex 24, Article 2(1) and Article 2(3)(a)). The statement has two parts. Part one, that goods bought from a UK supplier but made in a third country pay EU customs duty, is in line with Annex 21, Article 1(2) and Appendix 2 (EU tariff applies unless the goods qualify under the Trade and Cooperation Agreement). That part is true as far as it goes, but the duty rate depends on the product and 12% is not a rate the treaty sets. Part two, the sums, is the weaker part and is what is graded: 12% plus 15% is given as 27%, and 12% plus 17% as 29%. Annex 24, Article 2(1) makes the transaction tax apply to the customs value plus duties, so the tax is charged on the price plus any duty, which the statement puts at 12%. On a price of 100: if the duty is 12%, the taxable amount is 112, so 15% of it is 16.80 and duty and tax together come to 28.80; if the duty is 12%, the taxable amount is 112, so 17% of it is 19.04 and duty and tax together come to 31.04. The figures in the statement are lower than the text produces for a 12% duty rate. The 15% and 17% rates match Annex 24, Article 2(3)(a).
Where: Gibraltar Parliament, Hansard, Wednesday 25 February 2026, morning session, page 4 (supplementary question to Question 28/2026 (cruise liners, non-EU ports))
The words: "the Government has confirmed to the business sector that the Treaty will have an effect on whether cruises can come from non-EU ports."
Checked against: "The United Kingdom, in respect of Gibraltar, will ensure that no cruise liners call into Gibraltar directly from third countries other than from the United Kingdom." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), paragraph 2.2.1)
Grade: Incomplete. The question was put on 25 February 2026, before the text was published; it is checked here against the signed text. The administrative arrangement on how Schengen border checks and border surveillance will be carried out provides that Gibraltar will make sure no cruise liners call directly from countries outside the EU other than the UK, so the treaty and its arrangements do have an effect on cruises from non-EU ports. The statement leaves out the exception: calls from UK ports, which are also outside the EU, are not restricted. It also speaks of cruises 'from non-EU ports' without telling direct calls apart from calls after a stop elsewhere. The statement reports what the Government is said to have confirmed; the claim about the effect of the treaty is the part graded. The provisions read are listed in the texts.
Grade: Incomplete. The question was put on 25 February 2026, before the text was published; it is checked here against the signed text. Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted), paragraph 2.2.1 provides that Gibraltar will ensure no cruise liners call directly from third countries other than the UK, so the UK-EU Agreement in respect of Gibraltar and its arrangements do have an effect on cruises from non-EU ports. The statement leaves out the exception: calls from UK ports, which are also outside the EU, are not restricted. It also says the effect is on cruises 'from non-EU ports' without distinguishing direct calls from calls after a stop elsewhere. The statement reports what the Government is said to have confirmed; the claim about the effect of the Treaty (the UK-EU Agreement in respect of Gibraltar) is the part graded. The provisions read are Arrangement , paragraphs 2.2.1 to 2.2.4, and Annex 7.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 16 (questions of clarification on the Government Statement)
The words: "There is a provision in the agreement about provisional application"
Checked against: "The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 336(2))
Grade: Verified. The treaty provides for it to be applied provisionally, and says when that provisional application ends and how its references to entry into force are read. The statement says only that this provision exists. It does not describe its conditions, so there is no condition for it to leave out. The whole of the treaty provision on entry into force was read. The question's later remark about when ratification will happen is a forecast and is not graded.
Grade: Verified. Article 336(2) provides for provisional application, and Articles 336(3) to (5) say when it ends and how references to entry into force are read. The statement says only that the provision exists. It does not describe its conditions, so there is no condition for it to leave out. The provisions read in full are Article 336. The question's later remark about when ratification will happen is a forecast and is not graded.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 15 (questions of clarification on the Government Statement)
The words: "That includes powers to Spanish law enforcement authorities in different guises."
Checked against: "arrest, search, detain, interview, place under protection a person, or seize or search property, where it is justified in the course of border control carried out by the competent authorities of the Kingdom of Spain and in accordance with Spanish, Union and international law;" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(4)(c)(ii)); "may continue their surveillance, in line with the relevant Schengen acquis, in Gibraltar or the Kingdom of Spain, respectively." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 55(1))
Grade: Under review. The treaty gives Spanish authorities functions in Gibraltar. It lists border-check and border-surveillance functions, including the right to arrest, search, detain and interview people where justified in the course of border control. It also allows continued surveillance, uninterrupted pursuit and joint operations, each in Gibraltar by Spanish officers (and the reverse for Gibraltar's). The statement says only that powers are given "in different guises" and gives no detail, so there is no condition for it to leave out. These powers are tied to border control or to the listed offences and are exercised under the stated law. The surrounding words ("cession", "in exchange") are an assessment and are not graded. The provisions read are five clauses of the treaty on these powers.
Grade: Under review. The UK-EU Agreement in respect of Gibraltar gives Spanish authorities functions in Gibraltar. Article 33(4) lists border-check and border-surveillance functions, including the right to arrest, search, detain and interview people where justified in the course of border control. Article 55 allows continued surveillance, Article 56 uninterrupted pursuit and Article 58 joint operations, each in Gibraltar by Spanish officers (and the reverse for Gibraltar's). The statement says only that powers are given 'in different guises' and gives no detail, so there is no condition for it to leave out. These powers are tied to border control or to the listed offences and are exercised under the stated law. The surrounding words ('cession', 'in exchange') are an assessment and are not graded. The provisions read are Articles 33, 55, 56, 58 and 59.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 16 (questions of clarification on the Government Statement)
The words: "People will see when they go through the text that there are sometimes references to administrative arrangements as you go along in the text of the Treaty."
Checked against: "All physical barriers shall be removed in accordance with the implementation plan contained in the relevant administrative arrangement between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 7); "The modalities for the application of this derogation shall be set out in an administrative arrangement between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(3))
Grade: Verified. The treaty's first volume refers to administrative arrangements in many places, and the treaty lists the ones that must be in effect before it can be applied provisionally. The statement says only that there are "sometimes references" to them, so there is no condition for it to leave out. Every use of the words administrative arrangement in that volume was searched for.
Grade: Verified. Volume I refers to administrative arrangements in many places (for example Articles 7, 29(3), 29(10), 33(6), 38(3), 55, 56, 86, 251, 260 and 265), and Article 336(2) lists the ones that must be in effect before provisional application. The statement says only that there are 'sometimes references' to them, so there is no condition for it to leave out. Every use of 'administrative arrangement' in Volume I was searched for.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, morning session, page 16 (questions of clarification on the Government Statement)
The words: "there are very detailed arrangements in the annexes regarding how business has to be done"
Checked against: "PROCEDURE FOR GOODS ENTERING INTO AND EXPORTED FROM GIBRALTAR FROM AND TO COUNTRIES AND TERRITORIES OUTSIDE THE CUSTOMS UNION" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 21 (title)); "INDIRECT TAXATION IN GIBRALTAR" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24 (title))
Grade: Under review. Six of the treaty's annexes set out procedures for goods and travellers (special customs procedures, the transit procedure for goods entering and leaving Gibraltar, goods carried by travellers, and the transaction tax and excise rules). They contain step-by-step provisions, for example the use of the transit system and what must be declared. The statement is a general description, and the words 'very detailed' are a judgement that the text supports in the sense that the annexes run to many pages of procedure. There is no condition for the statement to leave out. Three of those annexes were read, along with the headings of four of them.
Grade: Under review. Annexes 19 to 24 set out procedures for goods and travellers (special customs procedures, the transit procedure for goods entering and leaving Gibraltar, goods carried by travellers, and the transaction tax and excise rules). They contain step-by-step provisions, for example the use of the transit system and what must be declared. The statement is a general description, and the word 'very detailed' is a judgement that the text supports in the sense that the annexes run to many pages of procedure. There is no condition for the statement to leave out. The provisions read are Annexes 21, 23 and 24 and the headings of Annexes 19 to 22.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, afternoon session, page 7 (Question 110/2026 (Treaty: Joint Consultative body))
The words: "our Transaction Tax will not be allowed to be lower than the lowest EU VAT level"
Checked against: "the standard rate shall be set at not less than the lowest standard VAT rate applied by a Member State, which at the time of signature of this Agreement is 17 %." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(3)(a)); "the lower rate that may be proposed by the independent consultative body would never be lower than two percentage points below the lowest standard rate of VAT applied by any Member State." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(3)(a)(ii)); "the reduced rate applicable to goods determined in accordance with paragraph 5 shall be not less than 5 %." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(3)(b))
Grade: Incomplete. The treaty does say the standard rate is to be no lower than the lowest standard VAT rate applied by an EU country (17% at signature). The statement leaves out what the same provision attaches. Gibraltar may phase the standard rate in over three years at 15%, 16% and then 17%. The independent consultative body may recommend a lower standard rate for a selection of goods, never more than two percentage points below the lowest standard rate of an EU country. A reduced rate of at least 5% applies to listed goods, and a super-reduced rate of less than 5% may apply to others. So the transaction tax is not barred from being below the lowest EU standard VAT rate in every case. Gibraltar's 2026 Act that brings the treaty into Gibraltar law sets the same yearly rates.
Grade: Incomplete. Annex 24, Article 2(3)(a) does say the standard rate is to be 'not less than the lowest standard VAT rate applied by a Member State' (17% at signature). The statement leaves out what the same Article attaches. Gibraltar may phase the standard rate in over three years at 15%, 16% and then 17% (a table in Article 2(3)(a)). The independent consultative body may recommend a lower standard rate for a selection of goods, never lower than two percentage points below the lowest EU country standard rate (2(3)(a)(ii)). A reduced rate of not less than 5% applies to listed goods (2(3)(b)), and a super-reduced rate of less than 5% may apply to others (2(4)). So the transaction tax is not barred from being below the lowest EU standard VAT rate in every case. Schedule 2 of the Treaty on Gibraltar and the European Union Act 2026 sets the same yearly rates. The provisions read in full are Annex 24, Article 2.
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.
Where: Gibraltar Parliament, Hansard, Thursday 26 February 2026, afternoon session, page 7 (Question 110/2026 (Treaty: Joint Consultative body))
The words: "this body’s function is to assess whether or not the level of our Transaction Tax should go up"
Checked against: "assess and advise annually on the impact of the transaction tax rates, including reduced and super reduced rates, and excise duty rates applied in Gibraltar on the level of competition and any significant actual distortions in trade between Gibraltar and the contiguous frontier zone." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 248(5)(b)); "the lower rate that may be proposed by the independent consultative body would never be lower than two percentage points below the lowest standard rate of VAT applied by any Member State." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(3)(a)(ii))
Grade: Shaded. The treaty gives the independent consultative body two tasks: to advise whether the conditions for the EU's safeguard are met, and to assess each year the impact of the transaction tax and excise rates on competition and any significant distortions in trade between Gibraltar and the frontier zone next to it. The body's recommendations can point either way. The treaty provides for a higher rate to remove distortions and also for a lower rate, never lower than two points below the lowest standard rate of any EU country, and after three years an adjustment upwards or downwards. Describing its function as assessing whether the rate 'should go up' is narrower than the text. The distortions named in one particular provision of the treaty are those linked to differences between Gibraltar's tax rates and the rates charged by Spain, but the text does not limit the body's recommendations to one direction. (Independent consultative body is the name the signed text gives it.)
Grade: Shaded. Article 248(5) gives the independent consultative body two tasks: to advise whether the conditions for the EU's safeguard are met, and to assess each year the impact of the transaction tax and excise rates on competition and any significant distortions in trade between Gibraltar and the contiguous frontier zone. The body's recommendations can point either way. Annex 24, Article 2(3)(a) provides for a higher rate to remove distortions and, in (ii), a lower rate, never lower than two points below the lowest EU country standard rate, and after three years an adjustment 'upwards or downwards'. Describing its function as assessing whether the rate 'should go up' is narrower than the text. The distortions named in Article 249(1)(b) are those linked to differences between Gibraltar's tax rates and the rates charged by Spain, but the text does not limit the body's recommendations to one direction. The provisions read are Article 248(5) and (6) and Annex 24, Article 2(3). (The signed text calls the body the 'independent consultative body'.)
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, pages 3, 17 (motion on ratification, reply)
The words: "other Spanish law enforcement agents will have the right to enter Gibraltar for the purposes of surveillance or in hot pursuit of criminals and do so armed... Spanish law enforcement authorities be they Policía Nacional or presumably Guardia Civil can enter Gibraltar armed with their service weapons to conduct surveillance or undertake a hot pursuit.... the intended administrative arrangements envisage that they could be used only in cases of legitimate self-defence"
Checked against: "may continue their surveillance, in line with the relevant Schengen acquis, in Gibraltar or the Kingdom of Spain, respectively." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 55(1)); "may continue pursuit, in line with the relevant Schengen acquis, in Spain or Gibraltar, respectively." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 56(1)); "The officers carrying out the surveillance may carry their service weapons during the surveillance save where specifically otherwise decided by the requested Participant; their use will be prohibited save in cases of legitimate self-defence;" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 3.4(c)); "The pursuing officers may carry their service weapons; their use will be prohibited save in cases of legitimate self-defence;" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 6.4(d))
Grade: Incomplete. The treaty lets the authorities of either side continue surveillance or pursuit into the other's territory, and the administrative arrangement on continued surveillance and uninterrupted pursuit says the officers may carry service weapons, and may not use them except in legitimate self-defence. That bears out the statement, including the self-defence limit that the Leader of the Opposition mentions on page 17. What the statement leaves out is that the system works both ways and is limited. Surveillance is allowed, as part of a criminal investigation, for a person presumed to have taken part in one of the offences on the treaty's list (or who can help identify or trace such a person), and pursuit for a person caught in the act of such an offence or who has escaped from custody. For surveillance, the side asked (our reading: the side into whose territory the surveillance continues) may decide that weapons are not to be carried, and the officers may neither challenge nor arrest the person under surveillance. The texts do not name the Policía Nacional or the Guardia Civil; they refer to the competent authorities in general terms. The treaty's rules on surveillance and pursuit and the whole arrangement were read in full.
Grade: Incomplete. Articles 55 and 56 let the authorities of either side continue surveillance or pursuit into the other's territory, and Arrangement (the administrative arrangement on continued surveillance and uninterrupted pursuit) says the officers may carry service weapons, with use prohibited except in legitimate self-defence. That bears out the statement, including the self-defence limit that the Leader of the Opposition mentions on page 17. What the statement leaves out is that the regime is reciprocal and is limited. Surveillance is allowed, as part of a criminal investigation, for a person presumed to have taken part in an offence listed in Annex 8 (or who can help identify or trace one), and pursuit for a person caught in the act of such an offence or who has escaped from custody. For surveillance, the requested side (our reading: the side into whose territory the surveillance continues) may decide that weapons are not to be carried (paragraph 3.4(c)), and the officers 'may neither challenge nor arrest the person under surveillance' (paragraph 3.4(e)). The texts do not name the Policía Nacional or the Guardia Civil. They speak of 'competent authorities'. The provisions read in full are Articles 55 to 58 and Arrangement 5.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, pages 2, 3 (motion on ratification, reply)
The words: "in practise they acquire the right to move around, although not reside, check-free in the EU for periods of 90 days in every 180 days."
Checked against: "persons may circulate between Gibraltar and the Member States applying the Schengen acquis in full without border checks being carried out" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 30(1)); "Persons resident in Gibraltar may enter and stay, without a visa for a maximum period of 90 days in any 180-day period, in the territory of Member States applying the Schengen acquis in full." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 41(1), second subparagraph); "where there is a serious threat to the public policy, public health or internal security, the Member States applying the Schengen acquis in full or the United Kingdom, in respect of Gibraltar, as the case may be, may exceptionally reinstate border control" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 30(2))
Grade: Incomplete. The treaty lets people resident in Gibraltar stay in the Schengen countries for up to 90 days in any 180 without a visa, and provides that people may move between Gibraltar and those countries without border checks. The treaty does not give a right to live in the Schengen area; it only preserves rights that residents of Gibraltar may have under EU law. What the statement leaves out is that either side may, exceptionally, bring back border control for a limited period (up to 10 days, which can be extended to six months at most) where there is a serious threat to public policy, public health or internal security, and that obligations may be suspended. Each EU country may also require a visa from residents of Gibraltar who travel to carry out paid activity.
Grade: Incomplete. Article 41(1) lets persons resident in Gibraltar stay in the Schengen States for up to 90 days in any 180 without a visa, and Article 30(1) provides that persons may circulate between Gibraltar and those States without border checks. The UK-EU Agreement in respect of Gibraltar does not give a right to live in the Schengen area; Article 40 only preserves rights that residents of Gibraltar may have under EU law. What the statement leaves out is that Article 30(2) lets either side exceptionally reinstate border control for a limited period (up to 10 days, extendable to a maximum of six months) where there is a serious threat to public policy, public health or internal security, and Article 67 allows suspension of obligations. Article 41(2) also lets each EU country require a visa for residents of Gibraltar who travel to carry out paid activity. The provisions read are Articles 30, 40 to 44 and 67.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 3 (motion on ratification, reply)
The words: "the agreement envisages that all Gibraltar residents are also exempt from the EES"
Checked against: "Persons resident in Gibraltar shall be exempt from the requirements of the Entry/Exit System." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 42(1), second subparagraph)
Grade: Incomplete. The treaty says that people resident in Gibraltar are exempt from the requirements of the EU's Entry/Exit System. The treaty defines people resident in Gibraltar as people with the legal right to live there, except citizens of the EU and nationals of Iceland, Liechtenstein, Norway, Switzerland, Andorra and San Marino, who have their own free movement rights. The exemption itself has no further condition. What the statement leaves out is that exclusion: EU citizens and nationals of Iceland, Liechtenstein, Norway and Switzerland are outside the term people resident in Gibraltar, as are nationals of Andorra and San Marino once agreements giving them free movement rights enter into force.
Grade: Incomplete. Article 42(1), second subparagraph, says that persons resident in Gibraltar are exempt from the requirements of the Entry/Exit System. The UK-EU Agreement in respect of Gibraltar defines 'persons resident in Gibraltar' as persons with the legal right to reside there, except citizens of the EU and nationals of Iceland, Liechtenstein, Norway, Switzerland, Andorra and San Marino, who have their own free movement rights (Article 26(j)). Article 42(1) itself has no further condition. What the statement leaves out is the exclusion in Article 26(j): EU citizens and nationals of Iceland, Liechtenstein, Norway and Switzerland are outside the term 'persons resident in Gibraltar', as are nationals of Andorra and San Marino once agreements giving them free movement rights enter into force. The provisions read are Articles 26, 41, 42 and 43.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 3 (motion on ratification, reply)
The words: "border crossing points are set up under Article 29 for checks to be carried out in accordance with a regime demarcated in the agreement and administrative arrangements.... The Treaty also establishes wider powers of border control by Spain under Article 33 and that includes powers of arrest in certain circumstances."
Checked against: "shall set up border crossing points at Gibraltar port and airport, at which border checks as referred to in paragraph 2 shall be carried out." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(1)); "arrest, search, detain, interview, place under protection a person, or seize or search property, where it is justified in the course of border control carried out by the competent authorities of the Kingdom of Spain and in accordance with Spanish, Union and international law;" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(4)(c)(ii))
Grade: Incomplete. The treaty bears out the border crossing points and the system of checks, and it bears out Spain's wider border-control powers, including arrest where that is justified while carrying out border control. The statement leaves out a further rule: where Spain's competent authorities need coercive action to arrest or detain someone, and that person is resident in Gibraltar, the action may only be carried out by the competent authorities of the UK, for Gibraltar.
Grade: Incomplete. Articles 29(1) and (2) bear out the border crossing points and the checks regime, and Article 33(1), (4)(c)(ii) and (6) bear out Spain's wider border-control powers, including arrest 'where it is justified in the course of border control'. The statement leaves out Article 34(9): where coercive action for arrest or detention is required by the competent authorities of the Kingdom of Spain and the person concerned is a person resident in Gibraltar, the action may only be carried out by the competent authorities of the UK, for Gibraltar. The provisions read are Articles 29(1), 29(2), 33(1), 33(4)(c)(ii), 33(6) and 34(9).
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, pages 3, 13 (motion on ratification, reply)
The words: "there will be joint maritime patrols of waters, albeit in vessels provided on a roster by both Gibraltar and Spain, and vessels marked with a European flag.... There will be joint patrols, Article 58 importantly, of our waters."
Checked against: "the competent authorities of the Participants will conduct joint maritime patrols in jointly crewed law enforcement vessels at the borders of both Gibraltar and the surrounding area of Spain." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), signed 25 June 2026, paragraph 3.2.2); "The responsibility for providing the vessels for these patrols will alternate on a weekly basis between the Participants. For these purposes, each Participant will provide a vessel that is neutrally branded and which will be marked with the European flag or other agreed visible insignia or wording showing it is performing a Schengen border surveillance function" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), signed 25 June 2026, paragraph 3.2.4); "may, in maintaining public order and security and preventing criminal offences, introduce joint patrols and other joint operations" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 58(1))
Grade: Incomplete. The arrangement on how Schengen border checks and border surveillance will be conducted says the competent authorities will run joint sea patrols in law enforcement vessels with crews from both sides, at the borders of Gibraltar and the surrounding area of Spain. It says the duty of providing the vessel alternates weekly between the two sides, and that each side provides a vessel with neutral branding, marked with the European flag or with other agreed visible insignia or wording showing that it does Schengen border surveillance. The statement leaves out the choice of other agreed visible insignia or wording. The treaty itself says the two sides may introduce joint patrols; it is the arrangement that says they will. The treaty also requires every joint operation in Gibraltar to be expressly authorised beforehand by the UK, for Gibraltar. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted), paragraph 3.2.2, says the competent authorities 'will conduct joint maritime patrols in jointly crewed law enforcement vessels' at the borders of Gibraltar and the surrounding area of Spain. Paragraph 3.2.4 says the duty of providing vessels alternates weekly between the two sides, and that each side provides a vessel that is 'neutrally branded' and marked 'with the European flag or other agreed visible insignia or wording' showing a Schengen border surveillance function. The statement leaves out the words 'or other agreed visible insignia or wording'. Article 58(1) itself says the sides 'may' introduce joint patrols; it is Arrangement that says they 'will'. Article 58(3) requires every joint operation in Gibraltar to be explicitly authorised beforehand by the UK, for Gibraltar. The provisions read are Article 58 and Arrangement , Part 3.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, pages 3, 20 (motion on ratification, reply)
The words: "the Treaty will create a Customs Union between the EU and Gibraltar under Article 240."
Checked against: "A customs union between the Union and the United Kingdom, in respect of Gibraltar, is hereby established in accordance with the provisions set out under this Chapter." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 240); "the customs territory of Gibraltar, which constitutes a customs territory separate from the customs territory of the United Kingdom." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 241(b))
Grade: Verified. The treaty establishes a customs union between the EU and the UK, for Gibraltar. It says the customs union covers the customs territory of the EU and the customs territory of Gibraltar. The statement matches the clause that sets it up. The statement says the customs union is "between the EU and Gibraltar"; the treaty names the UK, for Gibraltar, as the party. The provisions read are the clause that sets up the customs union, the nine clauses after it and two annexes. That clause puts no condition on setting up the customs union. How it applies is described in later clauses and annexes.
Grade: Verified. Article 240 says 'A customs union between the Union and the United Kingdom, in respect of Gibraltar, is hereby established'. Article 241 says the customs union covers the customs territory of the EU and the customs territory of Gibraltar. The statement matches Article 240. The statement says the customs union is 'between the EU and Gibraltar'; the Article names the UK, for Gibraltar, as the party. The provisions read are Articles 240 to 249, Annex 19 and Annex 20. The Article contains no condition on its establishment. Its application is described in later Articles and annexes.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, pages 20, 21 (motion on ratification, reply)
The words: "the effect of article 247(1) seems to create a much deeper contingent accession into the Customs Union on a simple decision of the... cooperation council and the application of union law defined in the union customs code as set out in Annex 20 of the Treaty."
Checked against: "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." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 247(1)); "customs legislation as defined in the Union Customs Code" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 20, paragraph 1(a))
Grade: Incomplete. The treaty provides that the EU law listed in one of its annexes (which includes customs law as defined in the EU's customs code) applies to Gibraltar if the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) adopts a decision. That bears out the point that a Cooperation Council decision can bring EU customs law to Gibraltar. What the statement leaves out is what that decision must contain. It must set the date from which that annex applies, and must declare that border control posts and customs offices have been set up in the port and airport, that they operate and are controlled in the way the decision sets out, and that competent authorities within the EU have been designated. The decision must also lay down arrangements for joint actions and controls, and the Cooperation Council must consider how border formalities and controls will be carried out. The text does not use the words 'simple decision'. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 247(1) provides that the EU law listed in Annex 20 (which includes customs legislation as defined in the Union Customs Code) applies to Gibraltar if the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) adopts a decision. That bears out the point that a Cooperation Council decision can bring EU customs law to Gibraltar. What the statement leaves out is what that decision must contain. It must specify the date from which Annex 20 applies, and must 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 decision must also lay down arrangements for joint actions and controls (Article 247(6)), and the Cooperation Council must consider how border formalities and controls will be carried out (Article 247(7)). The text does not use the words 'simple decision'. The provisions read are Articles 246 to 252 and Annexes 19 to 24.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 21 (motion on ratification, reply)
The words: "the Treaty provides that the provisions of Annexes 19 and 21 to 24 will apply.... Transaction Tax and excise duty is liable under Article 248 of the Treaty."
Checked against: "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." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 247(3)); "Goods produced in or imported into Gibraltar shall be liable to a transaction tax." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 248(2))
Grade: Incomplete. Until the Cooperation Council's decision that sets the date from which the listed EU law applies enters into force, the treaty applies four of its annexes and makes goods liable to transaction tax and excise duty, as the statement says. The statement leaves out two limits the treaty sets: excise duty applies only to goods liable to excise duties under EU law (harmonised excise duties), and both taxes are charged under the treaty's annex on the tax. The provisions read are the treaty's interim rules for goods and goods taxes.
Grade: Incomplete. Until the decision referred to in Article 247(1) enters into force, Article 247(3) applies Annexes 19, 21, 22 and 24, and Article 248 makes goods liable to transaction tax and excise duty, as the statement says. The statement leaves out two limits in Article 248: excise duty applies only to goods 'liable to excise duties under Union law ("harmonised excise duties")' (Article 248(3)), and both taxes are levied under Annex 24 (Article 248(4)). The provisions read are Articles 247(3) and 248(1) to (4).
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 21 (motion on ratification, reply)
The words: "The Treaty establishes transitional arrangements for the sale of certain goods in Gibraltar as set out under Article 270."
Checked against: "Any good that was lawfully placed on the market in Gibraltar before the date of entry into force of this Agreement shall, for a period of three months after the entry into force of this Agreement, not be subject to the requirements of Article 256." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 269(5)); "Goods that were in temporary storage in Gibraltar or any special customs procedure commenced under the legislation of the United Kingdom, in respect of Gibraltar, prior to the date of entry into force of this Agreement, shall remain subject to that legislation as it was on the date of entry into force of this Agreement" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 270(1))
Grade: Incomplete. The treaty's chapter the statement points to does contain transitional arrangements. The one that deals with the sale of goods says that goods lawfully placed on the market in Gibraltar before the treaty starts are not subject to a set of the treaty's requirements for three months, and it sets time limits of two or three months for goods already moving or covered by earlier exemption certificates. The provision the statement cites is a separate transitional rule for goods that are already in temporary storage or in a special customs procedure, which stay under the earlier Gibraltar law for a limited time. So the statement is right that transitional arrangements exist, but the provision it cites covers customs procedures, not sales, and the time limits (two and three months) are left out. The provisions read are listed in the texts.
Grade: Incomplete. Part Three, Title II, Chapter 7 does contain transitional arrangements. The one that deals with the sale of goods is Article 269: goods lawfully placed on the market in Gibraltar before the UK-EU Agreement in respect of Gibraltar starts are not subject to the requirements of Article 256 for three months (paragraph 5), and paragraphs 1 to 4 set time limits of two or three months for goods already moving or covered by earlier exemption certificates. Article 270, the Article cited, is a separate transitional rule for goods that are already in temporary storage or in a special customs procedure, which stay under the earlier Gibraltar legislation for a limited time. So the statement is right that transitional arrangements exist, but the Article it cites covers customs procedures, not sales, and the time limits (two and three months) are left out. The provisions read are Articles 266 to 270.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, pages 4, 23 (motion on ratification, reply)
The words: "Article 19, in this case a three-month notice of termination, or a general power of termination at 12 months' notice, this time vested in the EU under Article 334."
Checked against: "this Agreement shall be considered terminated unless the Cooperation Council, after a careful examination of ways to continue the Agreement, decides otherwise within 90 days of the notification referred to in point (a) or the expiry of the time limit referred to in point (b) or (c). Termination of this Agreement shall take effect three months after the expiry of the 90-day period." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 19(5)); "Either Party may terminate this Agreement by written notification through diplomatic channels." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 334)
Grade: Incomplete. The treaty gives each side, the EU and the UK alike, a power to end the treaty by written notice, which takes effect on the first day of the twelfth month after the notice. The treaty also provides that it is treated as ended if the UK, for Gibraltar, refuses a later EU act, does not tell the EU within 30 days of the EU's notice whether it accepts it, or does not tell the EU, at the latest six weeks after the act comes into force, that it has put it into its law, and that the ending takes effect three months after a 90-day period. The statement is right that these two routes exist. What it leaves out is that on the second route the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) may decide within the 90 days to keep the treaty going, so the three months run only after that period, and that the power to end the treaty by notice is held by both sides, not only the EU.
Grade: Incomplete. Article 334 gives each Party, the EU and the UK alike, a power to end the UK-EU Agreement in respect of Gibraltar by written notice taking effect on the first day of the twelfth month after notice. Article 19(5) provides that the treaty is treated as terminated if the UK, for Gibraltar, refuses a later EU act, does not say within 30 days of the EU's notification whether it accepts it, or does not inform the EU, at the latest six weeks after the act's entry into force, that it has implemented it into its domestic law, and that the termination takes effect three months after a 90-day period. The statement is right that these two routes exist. What it leaves out is that under Article 19(5) the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) may decide within the 90 days to continue the treaty, so the three months run only after that period, and that Article 334 is held by both Parties, not only the EU. The provisions read are Articles 19, 66, 67 and 334.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, pages 4, 23 (motion on ratification, reply)
The words: "Article 66(2) says that where the Kingdom of Spain has requested the Union to terminate this agreement, in accordance with Paragraph 1, the Union will proceed to such termination."
Checked against: "Where the Kingdom of Spain has requested the Union to terminate this Agreement, in accordance with paragraph 1, the Union shall take the necessary steps in accordance with its internal procedures, with a view to terminating this Agreement." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 66(2) (signed text)); "Where the Kingdom of Spain has requested the Union to terminate this Agreement, in accordance with paragraph 1, the Union will proceed to such termination." (draft agreement laid on 26 February 2026, Article 66(2), for comparison only)
Grade: Under review. Accurate about the draft then before the House; the signed text differs. The words quoted are the words of the draft treaty that was before the House on 3 March, on what the EU does to end the treaty. The signed text reads differently: the EU is to take the steps needed under its own internal procedures with a view to ending the treaty. It no longer says that the EU will go ahead and end it. The Chief Minister told the House on 30 March that the Commission's lawyer-linguists (lawyers who check the wording of a legal text across languages) had required the change. Graded against the signed text, the statement does not match it; against the draft laid on 26 February 2026, which was before the House on 3 March, it matches word for word. That provision was compared in both texts. Its first paragraph is the same in both.
Grade: Under review. Accurate about the draft then before the House; the signed text differs. The words quoted are the words of Article 66(2) in the draft UK-EU Agreement in respect of Gibraltar that was before the House on 3 March. The signed text reads differently: the EU 'shall take the necessary steps in accordance with its internal procedures, with a view to terminating this Agreement'. It no longer says that the EU 'will proceed to such termination'. The Chief Minister told the House on 30 March that the Commission's lawyer-linguists (lawyers who check the wording of a legal text across languages) had required the change (page 46). Graded against the signed text, the statement does not match it; against the draft laid on 26 February 2026, which was before the House on 3 March, it matches word for word. Article 66 was compared in both texts. Paragraph 1 is the same in both.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 4 (motion on ratification, reply)
The words: "This is an agreement that says principally in Article 2, but also elsewhere, that it is without prejudice to and not affecting the respective legal positions of the United Kingdom or Spain as to sovereignty and jurisdiction, although not control, and that it does not constitute the basis for any assertion or denial of sovereignty, including in legal proceedings or otherwise."
Checked against: "This Agreement, any supplementing agreements as referred to in Article 4, any administrative arrangements or other arrangements related to this Agreement, and any measures or instruments or conduct taken in application or as a result thereof, or pursuant thereto, shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction, and shall not constitute the basis for any assertion or denial of sovereignty, including in legal proceedings or otherwise." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 2); "This Part does not apply to any disputes with regard to sovereignty and jurisdiction." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 301(6))
Grade: Verified. The treaty's sovereignty clause says the treaty, the supplementing agreements, the administrative arrangements and anything done under them are without prejudice to, and do not otherwise affect, the legal positions of the UK or Spain on sovereignty and jurisdiction, and are not a basis for asserting or denying sovereignty, including in legal proceedings or otherwise. The statement reproduces that content. "Also elsewhere" is borne out by the footnote on the airport and by the clause that keeps disputes on sovereignty and jurisdiction outside the part on dispute settlement. The sovereignty clause mentions sovereignty and jurisdiction and does not mention control, as the statement says. The provisions read are the whole sovereignty clause, the airport clause and its footnote, and the dispute settlement clause that holds that rule. None attaches a condition or exception to the protection described; no condition, exception or limit in them is left out of the statement.
Grade: Verified. Article 2 says the UK-EU Agreement in respect of Gibraltar, the supplementing agreements, the administrative arrangements and anything done under them are without prejudice to, and do not otherwise affect, the legal positions of the UK or Spain on sovereignty and jurisdiction, and are not a basis for asserting or denying sovereignty, including in legal proceedings or otherwise. The statement reproduces that content. 'Also elsewhere' is borne out by the footnote to Article 271 (the airport) and by Article 301(6) (disputes on sovereignty and jurisdiction are outside the dispute settlement Part). Article 2 mentions sovereignty and jurisdiction and does not mention control, as the statement says. The provisions read are the whole of Article 2, Article 271 and its footnote, and Article 301. None attaches a condition or exception to the protection described; no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, pages 13, 16 (motion on ratification, reply)
The words: "this agreement provides that border checks on entry are carried out by Gibraltar and then by Spain.... On exit, they are done in reverse, by Spain first and then by Gibraltar."
Checked against: "Border checks on entry shall be carried out by the competent authorities of the United Kingdom, in respect of Gibraltar, and subsequently by the competent authorities of the Kingdom of Spain. Border checks on exit shall be carried out by the competent authorities of the Kingdom of Spain and subsequently by the competent authorities of the United Kingdom, in respect of Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 29(5))
Grade: Verified. The treaty provides that border checks on entry are carried out by the Gibraltar authorities and then by the Spanish authorities, and on exit by the Spanish authorities and then by the Gibraltar authorities. The provision read is the whole of the treaty's clause on these checks. The rule on the order has no exception. Another part of the same clause allows entry other than through the crossing points in certain cases, but that does not alter the order of checks at the crossing points.
Grade: Verified. Article 29(5) provides that border checks on entry are carried out by the Gibraltar authorities and then by the Spanish authorities, and on exit by the Spanish authorities and then by the Gibraltar authorities. The provisions read are the whole of Article 29. Paragraph 5 has no exception. Paragraph 9 allows entry other than through the crossing points in certain cases, but that does not alter the order of checks at the crossing points.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 16 (motion on ratification, reply)
The words: "They will be in the main terminal as well. They will be in Schengen immigration booths in uniform and presumably also armed."
Checked against: "Within the Schengen immigration booths: officers within the immigration booths may be in uniform." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), signed 25 June 2026, paragraph 2.1.4(a))
Grade: Shaded. The administrative arrangement on how Schengen border checks and border surveillance will be conducted says that Spanish officers in the Schengen immigration booths at the airport may be in uniform. The statement says they 'will be' in uniform. The arrangement does not say whether those officers are armed. The statement presents that point as a presumption ('presumably also armed'), and no held text settles it. The arrangement speaks of Spanish officials present at the airport outside the area for second-line checks, including those in the Schengen immigration booths; it does not say whether the booths are inside the main terminal or in the new shared building.
Grade: Shaded. Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted), paragraph 2.1.4(a), says that Spanish officers in the Schengen immigration booths at the airport 'may be in uniform'. The statement says they 'will be' in uniform. The Arrangement does not say whether those officers are armed. The statement presents that point as a presumption ('presumably also armed'), and no held text settles it. The provisions read are Arrangement , Parts 1 and 2, and Article 33. Paragraph 2.1.4 speaks of Spanish officials 'present at the airport outside the Second Line Checks Area', including those within the Schengen immigration booths; it does not say whether the booths are inside the main terminal or in the new shared building.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 16 (motion on ratification, reply)
The words: "There will also be plain clothed Spanish officers at the airport and assisting in the transportation of passengers between the port and the airport so that checks can be conducted there."
Checked against: "a Spanish officer may be present to supervise the e-gates and escort passengers, where necessary, from the first line Schengen check (either e-gates or staffed immigration booths) to the Second Line Checks Area." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), signed 25 June 2026, paragraph 2.1.4(b)); "will be transported to the airport by the United Kingdom, in respect of Gibraltar, and Spain to undergo these checks. All passengers and crew members departing from the port who are required to undergo Schengen exit checks will present themselves at the airport and, once they have completed the check, will be transported by the United Kingdom, in respect of Gibraltar, and Spain to the port. All passengers and crew members will be transported in vehicles provided and driven by the authorities of the United Kingdom, in respect of Gibraltar. For these purposes, Spanish officials will be in civilian clothes but suitably identified." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on how Schengen border checks and border surveillance will be conducted (Arrangement ), signed 25 June 2026, paragraph 2.2.1)
Grade: Incomplete. The arrangement on how Schengen border checks and border surveillance will be conducted says that a Spanish officer may be present at the airport outside the booths to supervise the e-gates (automated border gates) and escort passengers, and that any such officer will wear civilian clothes but be suitably identified. It also provides that, where the conditions for doing the port checks at the airport are met, passengers arriving at the port are taken to the airport in vehicles provided and driven by Gibraltar's authorities, and that Spanish officials doing this will wear civilian clothes but be suitably identified. The statement is borne out in substance. It leaves out that the officer at the airport is only something that may happen, where necessary, and that the transport arrangement applies only when the treaty's exception for doing the port checks at the airport is in use. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted), paragraph 2.1.4(b), says that a Spanish officer 'may be present' at the airport outside the booths to supervise the e-gates (automated border gates) and escort passengers, and that any such official 'will be in civilian clothes but suitably identified'. Paragraph 2.2.1 provides that, where the Article 29(3) conditions are met, passengers arriving at the port are taken to the airport in vehicles provided and driven by Gibraltar's authorities, and that Spanish officials for these purposes will be in civilian clothes but suitably identified. The statement is borne out in substance. It leaves out that the airport presence is 'may be present' where necessary, and that the transport arrangement applies only when the port exception in Article 29(3) is in use. The provisions read are Arrangement , Part 2.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 18 (motion on ratification, reply)
The words: "Spanish law enforcement authorities who want to conduct cold surveillance are required to notify the Gibraltar authorities before and at the latest on entry into Gibraltar. There does not seem to be a regime of prior request.... there seems to have been no attempt in the administrative arrangements we have seen to territorially limit the scope of activity of hot pursuit.... Equally, there does not seem to be a time-based outer limit of surveillance"
Checked against: "competent authorities of the Participants which intend to carry out continued surveillance in Gibraltar or Spain, will inform, including via the encrypted radio frequency, the competent authorities of the other Participant in accordance with paragraph 2.5 as soon as possible and at the latest when the competent authorities are about to enter the territory of the other Participant." (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 3.2); "The surveillance will be carried out only under the following general conditions:" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 3.4 (introductory words)); "may continue pursuit, in line with the relevant Schengen acquis, in Spain or Gibraltar, respectively." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 56(1))
Grade: Incomplete. The part of the statement on notice matches the administrative arrangement on continued surveillance and uninterrupted pursuit, which requires the competent authorities that intend to carry out continued surveillance to tell the other side as soon as possible, and at the latest when the competent authorities are about to enter the other side's territory. The statement leaves out that the treaty limits continued surveillance to a person kept under surveillance as part of a criminal investigation who is presumed to have taken part in one of the offences the treaty lists, or a person who can help identify or trace such a person, and that it continues in line with the relevant Schengen rules; and that the arrangement allows surveillance only under set general conditions, including that the officers obey the instructions of the competent local authorities. The parts of the statement that there is no system of prior request, no territorial limit on pursuit and no time limit on surveillance are not settled by the texts read: the Schengen Convention, which is held, makes surveillance depend on prior authorisation (urgent cases excepted), and the treaty does not say whether its rules on surveillance and pursuit bring in the Convention's rules; the declarations each side makes under the arrangement on the procedures for pursuit are not among the texts read. The provisions read are listed in the texts.
Grade: Incomplete. The part of the statement on notice matches paragraph 3.2 of Arrangement (the administrative arrangement on continued surveillance and uninterrupted pursuit), which requires the competent authorities that intend to carry out continued surveillance to inform the other side 'as soon as possible and at the latest when the competent authorities are about to enter the territory of the other Participant'. The statement leaves out that Article 55(1) of the UK-EU Agreement in respect of Gibraltar limits continued surveillance to a person kept under surveillance 'as part of a criminal investigation' who is presumed to have participated in an offence listed in Annex 8, or a person who can assist in identifying or tracing such a person, and that it continues 'in line with the relevant Schengen acquis', and that paragraph 3.4 allows surveillance 'only under the following general conditions', including that the officers 'obey the instructions of the competent local authorities'. The parts of the statement that there is no regime of prior request, no territorial limit on pursuit and no time limit on surveillance are not settled by the texts read: Article 40(1) of the Schengen Convention, which is held, makes surveillance depend on prior authorisation (urgent cases excepted), and the treaty does not say whether Articles 55(1) and 56(1) bring in Articles 40 and 41 of the Convention; the declarations each Participant makes under paragraph 6.2 on the procedures for pursuit are not among the texts read. The provisions read are paragraphs 3.2, 3.4, 5.1 and 6.2 of Arrangement and Articles 55(1) and 56(1) of the treaty.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 18 (motion on ratification, reply)
The words: "Equally, there does not seem to be a time-based outer limit of surveillance or importantly not a decision which could seem to have been taken to restrict the carrying of weapons at all."
Checked against: "The officers carrying out the surveillance may carry their service weapons during the surveillance save where specifically otherwise decided by the requested Participant; their use will be prohibited save in cases of legitimate self-defence;" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 3.4(c))
Grade: Incomplete. The arrangement on continued surveillance and uninterrupted pursuit says officers on surveillance may carry service weapons unless the side asked to allow the surveillance (our reading: the side into whose territory the surveillance continues) specifically decides otherwise, and the documents held record no decision to do so. There is no time limit on surveillance. Those points are borne out. What the statement leaves out is that the arrangement prohibits the use of weapons except in legitimate self-defence, and that surveillance officers may neither challenge nor arrest the person under surveillance. The arrangement applies the same rule on use of weapons to pursuit.
Grade: Incomplete. Arrangement (the administrative arrangement on continued surveillance and uninterrupted pursuit), paragraph 3.4(c), says officers on surveillance may carry service weapons 'save where specifically otherwise decided by the requested Participant'; our reading is that the requested Participant is the Participant into whose territory the surveillance continues, and the documents held record no decision to do so. There is no time limit on surveillance. Those points are borne out. What the statement leaves out is that the Arrangement prohibits the use of weapons except in legitimate self-defence (paragraph 3.4(c)), and that surveillance officers may neither challenge nor arrest the person under surveillance (paragraph 3.4(e)). Paragraph 6.4(d) applies the same rule on use to pursuit.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 20 (motion on ratification, reply)
The words: "If, for example, under Article 45 we want to make changes to laws governing residence within the scope of this article, the Government must first consult the cooperation council set up under the Treaty;"
Checked against: "shall inform the Cooperation Council whenever changes are proposed to be made to the conditions in the legislation referred to in paragraph 2 after the date of entry into force of this Agreement. The Cooperation Council shall, within one month of being so informed, provide its opinion on whether or not such changes are compatible with this Agreement." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 45(4))
Grade: Incomplete. The treaty requires the UK, for Gibraltar, to inform the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) whenever changes to the conditions for identity cards and residence permits are proposed, and the Cooperation Council must give its opinion on whether they are compatible within one month. That is close to the statement. That provision's word is inform, not consult, and it does not say the opinion binds. What the statement leaves out is that the treaty also sets limits that apply in any event: an identity card based on earlier residence needs at least 10 years' continuous residence, and a residence permit needs a genuine connection with Gibraltar. The treaty also bars conditions based on investments or payments fixed in advance.
Grade: Incomplete. Article 45(4) requires the UK, for Gibraltar, to 'inform' the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) whenever changes to the conditions for identity cards and residence permits are proposed, and the Cooperation Council must give its opinion on compatibility within one month. That is close to the statement. The Article says 'inform', not 'consult', and it does not say the opinion binds. What the statement leaves out is that Article 45(4) also sets limits that apply 'in any event': an identity card based on prior residence needs at least 10 years' continuous residence, and a residence permit needs a genuine connection with Gibraltar (paragraph 4(a) and (b)). Article 45(6) bars conditions based on predetermined investments or payments. The provisions read are Articles 45 to 52.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 20 (motion on ratification, reply)
The words: "under Article 47, certain short stay visas for entry and stay in Gibraltar will be issued by Spain;"
Checked against: "Where the main purpose is to stay in Gibraltar, the Kingdom of Spain, as the neighbouring Member State, shall issue the visa." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 47(3))
Grade: Incomplete. The treaty provides that Spain, as the neighbouring EU country, issues the visa where the main purpose is to stay in Gibraltar. The statement says only 'certain' visas and leaves out that test. It also leaves out a limit: where the UK, for Gibraltar, tells Spain of serious enough reasons of public policy, internal security or public health, a visa issued by Spain is not valid for entry and stay in Gibraltar.
Grade: Incomplete. Article 47(3) provides that the Kingdom of Spain, as the neighbouring EU country, issues the visa where the main purpose is to stay in Gibraltar. The statement says only 'certain' visas and leaves out that criterion. It also leaves out the limit in Article 47(4): where the UK, for Gibraltar, informs Spain of sufficiently serious reasons of public policy, internal security or public health, a visa issued by Spain 'shall not be valid for entry and stay in Gibraltar'. The provisions read are Article 47(3) and (4).
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 20 (motion on ratification, reply)
The words: "under Article 50, before issuing or renewing a residence permit, Gibraltar will need to notify Spain and will not be allowed to issue or renew such a permit if Spain objects under certain grounds."
Checked against: "Before issuing or renewing a residence permit, the competent authorities of the United Kingdom, in respect of Gibraltar, shall notify the competent authorities of the Kingdom of Spain." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(2)); "In that case, the competent authorities of the United Kingdom, in respect of Gibraltar, shall not issue or renew the residence permit" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(3))
Grade: Verified. The treaty requires the competent authorities of the UK, for Gibraltar, to notify Spain before issuing or renewing a residence permit. If Spain objects within 28 days (a period that can be extended by up to 14) on the grounds the treaty sets out, the UK, for Gibraltar, must not issue or renew the residence permit. The grounds are a threat to public policy, internal security, public health or the international relations of an EU country, including on the basis of an alert in the Schengen Information System. The statement speaks of certain grounds, which does not claim more than the treaty gives. If Spain says nothing within the period, that counts as a positive response. The whole of the treaty provision on this was read; no condition, exception or limit in it is left out of the statement.
Grade: Verified. Article 50(2) requires the competent authorities of the UK, for Gibraltar, to notify Spain before issuing or renewing a residence permit. Under Article 50(3), if Spain objects within 28 days (extendable by up to 14) on the grounds set out there, Gibraltar 'shall not issue or renew the residence permit'. The grounds are a threat to public policy, internal security, public health or the international relations of an EU country, including on the basis of a Schengen Information System alert. The statement says 'certain grounds', which does not claim more than the Article gives. Silence by Spain within the period counts as a positive response (Article 50(4)). The provisions read are Article 50; no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 20 (motion on ratification, reply)
The words: "There are wide powers of information handed to Spain outside of the field of law enforcement cooperation including air or port passenger information, the rights on residence permits already mentioned, exchange of information on Customs and indirect taxation, real time and continuous access to any relevant IT systems used by Gibraltar for indirect taxation and Customs or market surveillance information."
Checked against: "shall ensure that carriers transfer advance passenger information ('API') concerning flights originating outside the Schengen area and arriving in the airport to the authorities of the Kingdom of" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 37); "The competent authorities within the Union shall have real time and continuous access to any relevant IT systems used by the competent authorities of the United Kingdom, in respect of Gibraltar, for the application of this Title." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 251(2))
Grade: Shaded. Some of the listed items are in the treaty. Carriers must pass advance passenger information and passenger name record data on flights arriving at Gibraltar airport to the Spanish authorities. The UK, for Gibraltar, must tell Spain before it issues or renews a residence permit. Others are described differently. The customs and tax information exchange, and real-time, continuous access to Gibraltar's IT systems, are given to the competent authorities in the EU, not to Spain by name; the treaty leaves the practical details of that access to administrative arrangements between the UK, for Gibraltar, and Spain. No provision on passenger information for the port was found: the passenger data provisions concern flights. The words "handed to Spain" therefore read more narrowly than the text for the customs, tax and IT items, and no port passenger provision is found.
Grade: Shaded. Some of the listed items are in the text. Carriers must transfer advance passenger information and passenger name record data on flights arriving at Gibraltar airport to the Spanish authorities (Articles 37 and 61). The UK, for Gibraltar, must notify Spain before issuing or renewing a residence permit (Article 50). Others are described differently. The customs and tax information exchange (Article 250) and the 'real time and continuous access' to Gibraltar's IT systems (Article 251(2)) are given to 'the competent authorities within the Union', not to Spain by name; Article 251(3) leaves the practical modalities to administrative arrangements between the UK, for Gibraltar, and Spain. No provision on passenger information for the port was found: Articles 37 and 61 concern flights. The words 'handed to Spain' therefore read more narrowly than the text for the customs, tax and IT items, and no port passenger provision is found. The provisions read are Articles 37, 50, 61, 250 and 251.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 22 (motion on ratification, reply)
The words: "the parties affirm the right of each party to set its policies and priorities in the areas covered by that chapter, Article 219."
Checked against: "The Parties affirm the right of each Party to set its policies and priorities in the areas covered by this Chapter" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 219(1)); "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" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 219(4))
Grade: Incomplete. In the treaty, the EU and the UK, for Gibraltar, affirm each side's right to set its own policies and priorities in the areas covered by the chapter on environment and climate. What the statement leaves out is that this right is to be used in a way consistent with each side's international commitments, including those in that chapter, and that the treaty requires the UK, for Gibraltar, to uphold levels of environmental and climate protection equivalent to those in the EU. The EU has a matching duty not to go below its 2020 levels. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 219(1) says the Parties affirm each Party's right to set its policies and priorities in the areas covered by the Chapter on environment and climate. What it leaves out is that the same right is exercised 'in a manner consistent with each Party's international commitments, including those under this Chapter', and that Article 219(4) requires the UK, for Gibraltar, to uphold levels of environmental and climate protection equivalent to those in the EU. The EU has a matching duty not to go below its 2020 levels (Article 219(3)). The provisions read are Articles 218 to 221.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 22 (motion on ratification, reply)
The words: "We consider having the opportunity of deploying some form of economic funding for cohesion under Article 299 makes sense although this is light on any detail."
Checked against: "The Cooperation Council shall establish a financial mechanism to promote cohesion between Gibraltar and the contiguous frontier zone, including on matters of training and employment." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 299(1)); "Both Parties should provide funding for the mechanism referred to in paragraph 1." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 299(2))
Grade: Incomplete. The treaty provides for a financial mechanism and for funding to promote cohesion, so the statement is true as far as it goes. The statement leaves out what the treaty attaches. The Cooperation Council must set up a financial mechanism to promote cohesion between Gibraltar and the frontier area next to it, including on training and employment. Any such measures should take into account protecting the two sides' financial interests against fraud and other illegal activities and irregularities. Both sides should provide funding for the mechanism.
Grade: Incomplete. Article 299 of the UK-EU Agreement in respect of Gibraltar provides for a financial mechanism and for funding to promote cohesion, so the statement is true as far as it goes. The statement leaves out what the text attaches. Article 299(1) says 'The Cooperation Council shall establish a financial mechanism to promote cohesion between Gibraltar and the contiguous frontier zone, including on matters of training and employment'. It adds that 'Any such measures should take into account the protection of the Parties' financial interests against fraud and other illegal activities and irregularities'. Article 299(2) says 'Both Parties should provide funding for the mechanism referred to in paragraph 1'. The provisions read are Article 299(1) and (2).
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 22 (motion on ratification, reply)
The words: "The Treaty contains provisions on Frontier workers and the rights of these under the article, under the agreement that is Articles 291, 297.... These provisions now generalise, define the benefits set out in Article 292.... Article 298 seeks to secure the social security rights of certain persons via the densely worded Annex 31 Protocol on Social Security Coordination"
Checked against: "This Part shall apply to the following persons: (a) Union citizens legally residing in the Kingdom of Spain;" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 291(1)); "shall have a right to take up and pursue an activity as an employed frontier worker in Gibraltar in accordance with the rules applicable to United Kingdom nationals in Gibraltar." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 292(1)); "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." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 298)
Grade: Incomplete. The treaty deals with employed frontier workers and applies its protocol on social security coordination, as the statement says. The statement leaves out two things. Under the treaty, a frontier worker is a person who carries on an economic activity and goes back to where they live at least once a week. And these rights may be restricted on grounds of public policy, public security or public health.
Grade: Incomplete. Articles 291 to 297 deal with employed frontier workers, and Article 298 applies the Protocol on Social Security Coordination, as the statement says. The statement leaves out two things. Under Article 291(2) a frontier worker is a person who pursues an economic activity and returns to the place of residence at least once a week. And under Article 297(1) these rights may be restricted on grounds of public policy, public security or public health. The provisions read are Articles 291(1) and (2), 292(1) and (2), 297(1), 298 and 333.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, pages 13, 16 (motion on ratification, reply)
The words: "Well, now we know that Spanish officers are here on day one, not after four years."
Checked against: "the competent authorities of the Kingdom of Spain shall perform any functions which are required to exercise border control, comprising border checks and border surveillance, as set out in the Schengen Borders Code and related tasks under Union law." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(1)); "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 in effect and have been fully implemented" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 336(2))
Grade: Under review. The treaty gives the Spanish authorities the border-control functions from the start. It contains no period in which another body carries out the Schengen checks: the signed treaty and the seven administrative arrangements between the UK, for Gibraltar, and Spain were searched for Frontex and for the European Border and Coast Guard, and neither is mentioned. The treaty makes provisional application depend on the administrative arrangements, including those on the border crossing points and on the Spanish authorities' border-control functions, being in effect and fully put into practice. The four-year step in the text is the evaluation, which concerns the whole of the part of the treaty that holds the border checks and does not delay the Spanish checks. So Spanish officers carry out Schengen checks at the airport from the date the treaty starts to apply, whether provisionally or in force. The provisions read are the treaty's articles on border checks and on the evaluation, and the border-checks arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be carried out). The statement does not claim more than this; no condition, exception or limit in them is left out of the statement.
Grade: Under review. Article 33(1) gives the Spanish authorities the border control functions from the start. The UK-EU Agreement in respect of Gibraltar contains no period in which another body carries out the Schengen checks: the signed text and the seven administrative arrangements between the UK, for Gibraltar, and Spain (Arrangements to ) were searched for 'Frontex' and for the European Border and Coast Guard, and neither is mentioned. Article 336(2) makes provisional application depend on the administrative arrangements, including those under Articles 29 and 33, being in effect and fully implemented. The four-year step in the text is the evaluation under Article 65, which concerns the whole of Part Two and does not delay the Spanish checks. So Spanish officers carry out Schengen checks at the airport from the date the treaty starts to apply, whether provisionally or in force. The provisions read are Articles 29 to 35 and 65 and Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted). The statement does not claim more than this; no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 47 (motion on ratification)
The words: "The agreement consists of 336 articles split across 7 parts. The first one is entitled Common Institutional Provisions 27 articles Circulation of Persons Annex 174, Economy and Trade 92, Frontiers Workers 8, Financial Provisions 1, Dispute Resolution 28 and Final Provisions 9"
Checked against: "Decisions and recommendations" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), heading of Article 24, the last Article of Part One); "Protection of human rights and fundamental freedoms" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), heading of Article 25, the first Article of Part Two); "Entry into force and application" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), heading of Article 336, the last Article of Part Seven)
Grade: Contradicted. The articles under each Part heading were counted. The treaty has 336 articles in seven Parts, and six of the seven figures match: circulation of persons, 174; economy and trade, 92; frontier workers, 8; financial provisions, 1; dispute settlement, 28; and final provisions, 9. The figure for the Part on common and institutional provisions is 27 in the record. The text has 24. The percentage of 7.1 per cent given in the same passage corresponds to 24 of 336. The figure in the record for that Part therefore differs from the text. The draft treaty laid on 26 February 2026 also has 24 articles in that Part, so the figure does not match the draft either. The record may reflect a slip in speaking or in transcription.
Grade: Contradicted. The Articles under each Part heading were counted. The UK-EU Agreement in respect of Gibraltar has 336 Articles in seven Parts, and six of the seven figures match: Part Two (circulation of persons) Articles 25 to 198, which is 174; Part Three (economy and trade) Articles 199 to 290, which is 92; Part Four (frontier workers) Articles 291 to 298, which is 8; Part Five (financial provisions) Article 299, which is 1; Part Six (dispute settlement) Articles 300 to 327, which is 28; and Part Seven (final provisions) Articles 328 to 336, which is 9. The figure for Part One, common and institutional provisions, is 27 in the record. The text has 24 (Articles 1 to 24). The percentage of 7.1 per cent given in the same passage corresponds to 24 of 336. The figure in the record for Part One therefore differs from the text. The draft UK-EU Agreement in respect of Gibraltar laid on 26 February 2026 also has 24 Articles in Part One, so the figure does not match the draft either. The record may reflect a slip in speaking or in transcription.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 47 (motion on ratification)
The words: "However, I did find it somewhat surprising that 126 articles a total of 37.5% of the agreement within Part 2 on Circulation of Persons was focused on law enforcement and judicial corporation."
Checked against: "TITLE V – LAW ENFORCEMENT AND JUDICIAL COOPERATION" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), table of contents); "TITLE VI – ANTI-MONEY LAUNDERING" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), table of contents)
Grade: Under review. The title of the treaty on law enforcement and judicial cooperation runs to 126 articles. 126 of the 336 articles is 37.5 per cent. That title is within the part on the circulation of persons. The statement matches the text. The title has no condition that bears on the count. The title on anti-money laundering and counter-terrorist financing is a separate title and is not included in the 126. The article headings between the title headings in the first volume were counted.
Grade: Under review. Title V of Part Two, 'Law enforcement and judicial cooperation', runs from Article 70 to Article 195, which is 126 Articles. 126 of the 336 Articles is 37.5 per cent. Title V is within Part Two (circulation of persons). The statement matches the text. The Title has no condition that bears on the count. Title VI (anti-money laundering and counter-terrorist financing, Articles 196 to 198) is a separate Title and is not included in the 126. The Article headings between the Title headings in Volume I were counted.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 47 (motion on ratification)
The words: "However, the agreement in Article 66 has a termination clause following the undertaking of a four-year review which is under Article 65 and furthermore Article 66 (2) gives Spain the right to request the EU to terminate the agreement at that point in time. It should also be borne in mind Madam Speaker that Article 334 allows either party, the UK or the EU to terminate the agreement with 12 months’ notice without cause."
Checked against: "The Specialised Committee on the Circulation of Persons shall complete an evaluation of the implementation of this Part, including the administrative arrangements referred to in Article 33(6), at the latest 4 years after this Part comes into force." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 65); "the Union, including at the request of the Kingdom of Spain, and the United Kingdom may terminate this Agreement by written notification through diplomatic channels." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 66(1)); "Either Party may terminate this Agreement by written notification through diplomatic channels. This Agreement and any supplementing agreement shall cease to be in force on the first day of the twelfth month following the date of notification." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 334)
Grade: Shaded. The treaty sets an evaluation at the latest 4 years after the part of the treaty concerned comes into force. It says the EU, including at Spain's request, and the UK may end the treaty by written notice following that evaluation, without affecting the treaty's general termination clause, and where Spain has asked for termination, the EU must take the necessary steps under its own internal procedures with a view to ending the treaty. Under the general termination clause either side may end the treaty by written notice, and the treaty stops being in force on the first day of the twelfth month after the date of the notice, which is not the same as 12 months' notice. 'Four-year review' reads as a fixed point where the treaty says at the latest 4 years.
Grade: Shaded. Article 65 sets an evaluation 'at the latest 4 years after this Part comes into force'. Article 66(1) says the EU, 'including at the request of the Kingdom of Spain', and the UK may terminate the UK-EU Agreement in respect of Gibraltar by written notification following that evaluation, without prejudice to Article 334, and Article 66(2) requires the EU, where Spain has requested termination, to 'take the necessary steps in accordance with its internal procedures, with a view to terminating this Agreement'. Under Article 334 either Party may terminate by written notification, and the treaty ceases to be in force 'on the first day of the twelfth month following the date of notification', which is not the same as 12 months' notice. 'Four-year review' reads as a fixed point where Article 65 says 'at the latest 4 years'. The provisions read are Articles 65, 66(1), 66(2) and 334.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 48 (motion on ratification)
The words: "it has already been noted that information on residency permits has to be notified to Spain, whether on issue or renewal."
Checked against: "Before issuing or renewing a residence permit, the competent authorities of the United Kingdom, in respect of Gibraltar, shall notify the competent authorities of the Kingdom of Spain." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 50(2))
Grade: Verified. The treaty requires the competent authorities of the UK, for Gibraltar, to notify Spain's competent authorities before issuing or renewing a residence permit. The statement matches. The treaty also gives Spain 28 days to object on specified grounds, but the statement says nothing about objection, so that further provision does not conflict with it. The whole of the treaty provision on this was read; no condition, exception or limit in it is left out of the statement.
Grade: Verified. Article 50(2) requires the competent authorities of the UK, for Gibraltar, to notify Spain's competent authorities before issuing or renewing a residence permit. The statement matches. Article 50(3) gives Spain 28 days to object on specified grounds, but the statement does not say anything about objection, so that further provision does not conflict with it. The provisions read are Article 50; no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 48 (motion on ratification)
The words: "However, the Government will not be able to economically adjust it because at that point we no longer have control over the level of transaction tax. We will have to adopt the levels as set out in the agreement over three years."
Checked against: "the standard rate shall be set at not less than the lowest standard VAT rate applied by a Member State, which at the time of signature of this Agreement is 17 %." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 2(3)(a)); "shall adjust the indirect taxation rates to be applied in Gibraltar to a level deemed appropriate according to the recommendations of that independent consultative body" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 248(6))
Grade: Incomplete. The treaty sets the standard rate at no less than the lowest standard VAT rate of an EU country, with Gibraltar allowed to reach it by stages over three years (15, 16 and 17 per cent). That bears out the point that Gibraltar’s freedom to set the standard rate is limited by the treaty. The treaty sets a minimum, not a fixed rate, and does not state a maximum; and it adds that the independent consultative body advises on the effect of the rates and that the UK, for Gibraltar, must adjust the rates where that body establishes a distortion. Reduced rates of 5 per cent and 0 per cent for listed goods are fixed in a list attached to the treaty. The statement leaves these provisions out.
Grade: Incomplete. Annex 24, Article 2(3)(a), sets the standard rate at 'not less than' the lowest standard VAT rate of an EU country, with Gibraltar allowed to reach it by stages over three years (15, 16 and 17 per cent). That bears out the point that Gibraltar's freedom to set the standard rate is limited by the UK-EU Agreement in respect of Gibraltar. The Article sets a minimum, not a fixed rate, and does not state a maximum; and Article 248(5) and (6) add that the independent consultative body advises on the effect of the rates and that the UK, for Gibraltar, 'shall adjust' the rates where that body establishes a distortion. Reduced rates of 5 per cent and 0 per cent for listed goods are fixed by Appendix 1. The statement leaves these provisions out. The provisions read are Article 248 and Annex 24.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 49 (motion on ratification)
The words: "What the European Union say in their summary reflects the language of Article 2471 and Article 248, which I think the Leader of the Opposition has referred to, with a Cooperation Council making the decision as to when the full application of Union law is to occur and if it did occur, it would invariably include VAT, etc. and Annex 20."
Checked against: "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:" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 247(1)); "When adopting the decision referred to in paragraph 1, the Cooperation Council may amend the list of provisions of Union law in Annex 20." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 247(2)); "Union legislation concerning VAT, excise, and administrative cooperation and recovery assistance." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 20, paragraph 1(i))
Grade: Incomplete. The treaty provides that the EU law listed in one of its annexes applies to Gibraltar if the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) adopts a decision, and that annex lists EU law on VAT, excise, and administrative cooperation and recovery assistance. That bears out the statement that the decision would bring VAT law with it. The statement leaves out that the Cooperation Council may change that list of EU law when it adopts the decision, so on the face of the text VAT would not 'invariably' be included, and that the decision requires two conditions: a start date, and a declaration that border control posts and customs offices are set up in the port and airport, that they are working and controlled as the decision sets out, and that competent authorities within the EU have been named. The statement speaks of the 'summary' of the EU and gives the article number as '2471'; the treaty provision on that decision is meant. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 247(1) provides that the EU law listed in Annex 20 applies to Gibraltar if the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) adopts a decision, and Annex 20, paragraph 1(i), lists 'Union legislation concerning VAT, excise, and administrative cooperation and recovery assistance'. That bears out the statement that the decision would bring VAT law with it. The statement leaves out that the Cooperation Council 'may amend the list of provisions of Union law in Annex 20' when it adopts the decision (Article 247(2)), so VAT would not 'invariably' be included on the face of the text, and that the decision requires the conditions in Article 247(1)(a) and (b) (a start date, and a declaration that border control posts and customs offices are 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 statement speaks of the 'summary' of the EU and Article '2471'; Article 247(1) is meant. The provisions read are Articles 246 to 252 and Annex 20.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 49 (motion on ratification)
The words: "Gibraltar residency permits holders and Gibraltarians will have free mobility into the Schengen area, but again subject to the 90-180 day rule."
Checked against: "Persons resident in Gibraltar may enter and stay, without a visa for a maximum period of 90 days in any 180-day period, in the territory of Member States applying the Schengen acquis in full." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 41(1)); "each Member State may decide to impose a visa requirement on persons resident in Gibraltar travelling for the purpose of carrying out a paid activity." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 41(2))
Grade: Incomplete. The treaty lets people resident in Gibraltar stay in the Schengen countries for 90 days in any 180 without a visa, and provides for movement without border checks. That bears out 'free mobility into the Schengen area, but... subject to the 90-180 day rule'. The statement leaves out that each EU country may require a visa from residents who travel for paid activity, and that border control may be brought back for limited periods in some circumstances.
Grade: Incomplete. Article 41(1) lets persons resident in Gibraltar stay in the Schengen States for 90 days in any 180 without a visa, and Article 30(1) provides for circulation without border checks. That bears out 'free mobility into the Schengen area, but... subject to the 90-180 day rule'. The statement leaves out Article 41(2), which allows each EU country to require a visa for residents who travel for paid activity, and Article 30(2), which allows border control to be reinstated for limited periods in some circumstances. The provisions read are Articles 30, 41 and 42.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, page 47 (motion on ratification)
The words: "However, Madam Speaker in this agreement that was tabled last week Frontex has disappeared"
Checked against: "the competent authorities of the Kingdom of Spain shall perform any functions which are required to exercise border control, comprising border checks and border surveillance, as set out in the Schengen Borders Code and related tasks under Union law." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 33(1))
Grade: Under review. The signed treaty and the seven administrative arrangements between the UK, for Gibraltar, and Spain do not mention Frontex (the EU border and coast guard agency) or the European Border and Coast Guard. Both volumes of the treaty and each arrangement were searched for those names; none was found. The treaty gives the border control functions to the Spanish authorities. The draft treaty laid on 26 February does not mention Frontex either. The statement is about the text of the treaty and matches it. The earlier political framework of December 2020, which provided for Frontex during a four-year period, is not a treaty text and is not graded here. The provision read is the treaty's clause giving the border control functions to the Spanish authorities; no condition, exception or limit in it is left out of the statement.
Grade: Under review. The signed UK-EU Agreement in respect of Gibraltar and the seven administrative arrangements between the UK, for Gibraltar, and Spain (Arrangements to ) do not mention Frontex (the EU border and coast guard agency) or the European Border and Coast Guard. The whole of Volumes I and II and each arrangement were searched for those names; none was found. Article 33(1) gives the border control functions to the Spanish authorities. The draft UK-EU Agreement in respect of Gibraltar laid on 26 February does not mention Frontex either. The statement is about the text of the treaty and matches it. The earlier political framework of December 2020, which provided for Frontex during a four-year period, is not a treaty text and is not graded here. The provisions read are Article 33(1); no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Tuesday 3 March 2026, afternoon session, pages 46, 47 (motion on ratification)
The words: "consisted of 7 parts 43 annexes and is quite a weighty document."
Checked against: "43 annexes, which include protocols to the agreement." (European Parliamentary Research Service briefing on the draft agreement)
Grade: Under review. The Member says the summary the UK published says the treaty consists of 7 parts and 43 annexes. The signed treaty has seven parts and its annexes are numbered 1 to 30, with four protocols and appendices to several annexes. No held table gives a total of 43. A European Parliament briefing described the draft treaty as having 43 annexes, which include protocols. A count of annexes, appendices and protocols in the signed text, or the published summary itself, would settle it. The seven parts are borne out by the table of contents.
Grade: Under review. The Member says the summary the UK published says the UK-EU Agreement in respect of Gibraltar consists of 7 parts and 43 annexes. The signed Agreement has seven Parts and its Annexes run from Annex 1 to Annex 30, with four Protocols and appendices to several annexes. No held table gives a total of 43. A European Parliament briefing described the draft UK-EU Agreement in respect of Gibraltar as having '43 annexes, which include protocols'. A count of annexes, appendices and protocols in the signed text, or the published summary itself, would settle it. The seven Parts are borne out by the table of contents.
What would settle it: What is the total number of annexes, appendices and protocols in the signed Agreement, and how does the published summary count them? (Question 2.78 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 17 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "armed Spanish law enforcement officers will operate in Gibraltar in defined circumstances connected to Schengen related entry and exit controls"
Checked against: "The pursuing officers may carry their service weapons; their use will be prohibited save in cases of legitimate self-defence;" (Administrative arrangement on continued surveillance and uninterrupted pursuit, paragraph 6.4(d)); "The officers carrying out the surveillance may carry their service weapons during the surveillance save where specifically otherwise decided by the requested Participant; their use will be prohibited save in cases of legitimate self-defence;" (Same arrangement, paragraph 3.4(c)); "Any Spanish official outside of the Second Line Checks Area or Schengen immigration booths will be in civilian clothes but suitably identified." (Border-checks arrangement, paragraph 2.1.4)
Grade: Shaded. The text does allow Spanish officers to be armed in Gibraltar, but in different circumstances from the ones the words give. Under the arrangement on continued surveillance and pursuit, officers carrying out continued surveillance or uninterrupted pursuit may carry their service weapons, and may use them only in legitimate self-defence; for surveillance the requested Participant (our reading: the side into whose territory the surveillance continues) may decide otherwise. For pursuit, a Gibraltar Legal Notice of 2026 says the same. Those are the circumstances in which the texts let officers carry weapons. For the Schengen entry and exit checks, the treaty and the border checks arrangement say nothing about officers carrying weapons. The words join the two together as "armed... connected to Schengen related entry and exit controls", which the text does not do.
Grade: Shaded. The text does allow Spanish officers to be armed in Gibraltar, but in different circumstances from the ones the words give. Under the surveillance and pursuit arrangement (paragraphs 3.4(c) and 6.4(d)) officers carrying out continued surveillance or uninterrupted pursuit 'may carry their service weapons', and may use them only in legitimate self-defence; for surveillance the requested Participant (our reading: the side into whose territory the surveillance continues) may decide otherwise. For pursuit, Legal Notice 152 of 2026 (regulation 5(g)) says the same of 'the pursuing officers'. Those are the circumstances in which the texts let officers carry weapons. For the Schengen entry and exit checks, the UK-EU Agreement in respect of Gibraltar and the border-checks arrangement say nothing about officers carrying weapons. The words join the two together as 'armed... connected to Schengen related entry and exit controls', which the text does not do.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 17 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "Will Spanish enforcement officers in our airport be armed? The treaty is silent on this, so we must assume so."
Checked against: "Any Spanish official outside of the Second Line Checks Area or Schengen immigration booths will be in civilian clothes but suitably identified." (Border-checks arrangement, paragraph 2.1.4); "Outside of the Schengen immigration booths: a Spanish officer may be present to supervise the e-gates and escort passengers, where necessary, from the first line Schengen check" (Border-checks arrangement, paragraph 2.1.4(b))
Grade: Under review. The treaty and the border-checks arrangement were searched for the words weapon, firearm, arms and armed. For officers carrying out entry and exit checks at the airport, neither says whether they may carry weapons; the paragraph of the arrangement on uniform and plain clothes does not deal with weapons. So the statement that the text is silent is borne out for the airport checks. It is the only part graded here: the conclusion "we must assume so" is the speaker's inference. The surveillance and pursuit arrangement does refer to service weapons, but that concerns surveillance and pursuit, not officers at the airport. The provisions read are the whole treaty, one paragraph of the border-checks arrangement and two of the surveillance and pursuit arrangement; no condition, exception or limit in them is left out of the statement.
Grade: Under review. The UK-EU Agreement in respect of Gibraltar and the border-checks arrangement were searched for 'weapon', 'firearm', 'arms' and 'armed'. For officers carrying out entry and exit checks at the airport, neither says whether they may carry weapons; paragraph 2.1.4 of the arrangement deals with uniform and plain clothes, not weapons. So the statement that the text is silent is borne out for the airport checks. It is the only part graded here: the conclusion 'we must assume so' is the speaker's inference. The surveillance and pursuit arrangement does refer to service weapons (paragraphs 3.4(c) and 6.4(d)), but that concerns surveillance and pursuit, not officers at the airport. The provisions read are the whole Agreement, paragraphs 2.1.4 of the border-checks arrangement and 3.4(c) and 6.4(d) of the surveillance and pursuit arrangement; no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 21 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "The introduction of EU common external tariffs on UK-origin goods classified as third-country imports"
Checked against: "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." (Agreement, Article 247(5)); "Goods which are of UK origin will benefit from zero tariff arrangements applying" (Government of Gibraltar consolidated FAQ report (official guidance, not treaty text))
Grade: Under review. The treaty provides that duties on goods from outside the customs union are set under the applicable EU law, and treats Gibraltar as a third territory under EU customs, indirect taxation and trade-related law until a decision of the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) enters into force. Neither provision says whether UK-origin goods pay the EU's common external tariff or get the zero tariff the UK-EU Trade and Cooperation Agreement gives goods that meet its rules of origin. The Government's published FAQ says UK-origin goods that satisfy those rules will benefit from zero tariff arrangements. That is official guidance, not treaty text, and the Trade and Cooperation Agreement is not among the held documents, so the point is not settled by the held texts.
Grade: Under review. The UK-EU Agreement in respect of Gibraltar provides that duties on goods from outside the customs union are established under the applicable EU law (Annex 21, Article 3), and Article 247(5) treats Gibraltar as a third territory under EU customs, indirect taxation and trade-related law until a Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) decision enters into force. Neither says whether UK-origin goods pay the EU's common external tariff or get the zero tariff the UK-EU Trade and Cooperation Agreement gives goods that meet its rules of origin. The Government's published FAQ says UK-origin goods that satisfy those rules 'will benefit from zero tariff arrangements'. That is official guidance, not treaty text, and the Trade and Cooperation Agreement is not among the held documents, so the point is not settled by the held texts.
What would settle it: Does the zero-tariff treatment under the UK-EU Trade and Cooperation Agreement apply to UK-origin goods that enter Gibraltar through the designated customs posts, and on what proof of origin? (Question 2.104 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 22 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "The provision sets out a mechanism through which Gibraltar may ultimately be assimilated into a full Customs Union arrangement with the EU.... That progression is contingent upon a decision of the Cooperation Council to apply specified provisions of Union law listed in Annex 20, together with a declaration that border control posts and Customs offices have been established at Gibraltar's ports and airports"
Checked against: "provided that the Cooperation Council adopts a decision:" (Agreement, Article 247(1)); "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." (Agreement, Article 247(1)(b)); "The Cooperation Council or, as the case may be, a Specialised Committee, shall adopt decisions and make recommendations by mutual consent." (Agreement, Article 24(2)); "A customs union between the Union and the United Kingdom, in respect of Gibraltar, is hereby established" (Agreement, Article 240)
Grade: Incomplete. The statement rightly says that the treaty makes the application of the EU law listed in one of its annexes depend on a decision of the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) that also declares the customs and border posts to be in place. It leaves out three things in the text. The Cooperation Council decides by mutual consent, so the EU and the UK, for Gibraltar, must both agree. The declaration is that the posts have been set up, operate and are controlled in the way the decision lays down, and that competent authorities within the EU have been named; the text does not use the words 'under the supervision of'. And the treaty already sets up a customs union in an earlier rule, so what this decision adds is the application of that list of EU law. The speaker does add that further institutional decisions are needed.
Grade: Incomplete. The statement correctly says that Article 247(1) makes the application of the Annex 20 EU law depend on a Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) decision that also declares the customs and border posts to be in place. It leaves out three things in the text. The Cooperation Council decides 'by mutual consent' (Article 24(2)), so the EU and the UK, for Gibraltar, must both agree. The declaration is that the posts have been established, 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; the text does not use the words 'under the supervision of'. And a customs union is already established by Article 240, so what Article 247 adds is the application of the Annex 20 list. The speaker does add that further institutional decisions are needed.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 22 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "Annex 20, paragraph 1.1... further provides that Union Acts, and equivalent legislation would apply in the fields of VAT, excise duties, administrative cooperation and recovery assistance."
Checked against: "Union legislation concerning VAT, excise, and administrative cooperation and recovery assistance." (Agreement, Annex 20, paragraph 1(i)); "provided that the Cooperation Council adopts a decision:" (Agreement, Article 247(1))
Grade: Incomplete. The treaty’s annex listing the EU law to apply in Gibraltar includes VAT, excise duties, and administrative cooperation and recovery assistance, as the statement says. The statement leaves out that the EU acts and equivalent legislation apply only once the Cooperation Council has adopted a decision under the treaty.
Grade: Incomplete. Annex 20, paragraph 1(i) lists VAT, excise duties, and administrative cooperation and recovery assistance, as the statement says. The statement leaves out that under Article 247(1) the EU acts and equivalent legislation apply only once the Cooperation Council has adopted a decision. The provisions read are Annex 20, paragraph 1(i) and Article 247(1).
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 22 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "No defined time frame is attached to that transition, and no clear threshold has been articulated as to when or under what economic conditions further integration might be triggered"
Checked against: "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" (Agreement, Article 247(1)(a)); "Until the entry into force of the decision referred to in Article 247(1), paragraphs 2, 3 and 4 of this Article shall apply." (Agreement, Article 248(1))
Grade: Incomplete. The text sets no fixed date: the Cooperation Council sets the date by decision, and the interim rules apply until that decision enters into force. The statement leaves out that the move depends on that decision. The economic conditions are in the treaty's safeguard rule, and they are tied to the independent consultative body, which advises whether the first three of those conditions are met. Under the safeguard rule the EU may use the safeguard procedure if the UK, for Gibraltar, does not comply with its obligation linked to that advice, if the EU considers it appropriate, and if four conditions are met: (a) significant distortions in trade between Gibraltar and the EU are occurring in the good or category of goods concerned; (b) those distortions are linked to differences between the transaction tax and excise duties charged by the UK, for Gibraltar, and the VAT and excise duties charged by Spain on the same good or category of goods; (c) they have existed for at least 30 days; and (d) the EU has objective, compelling and verifiable information to support a finding that (a), (b) and (c) are met. These are conditions for that safeguard procedure; the treaty's rule on the Cooperation Council's decision names no economic condition for it. The provisions read are the treaty's rules on that decision, the interim rules, the consultative body and the safeguard.
Grade: Incomplete. The text sets no fixed date: under Article 247(1)(a) the Cooperation Council specifies the date by decision, and under Article 248(1) the interim rules apply until that decision enters into force. The statement leaves out that the transition depends on that decision (Article 247(1)). The economic conditions are in Article 249(1), and they are tied to the independent consultative body: under Article 248(5)(a) it advises 'whether the conditions under points (a), (b) and (c) of Article 249(1) are met'. Under Article 249(1) the EU may use the safeguard procedure 'should the United Kingdom, in respect of Gibraltar, not comply with its obligation under Article 248(6) in relation to point (a) of Article 248(5)', if the EU considers it appropriate and if four conditions are met: (a) significant distortions in trade between Gibraltar and the EU are occurring in respect of the good or category of goods concerned; (b) those distortions are linked to differences between the transaction tax and excise duties charged by the UK, for Gibraltar, and the VAT and excise duties charged by the Kingdom of Spain on the same good or category of goods; (c) they have existed for a period of at least 30 days; and (d) the EU has objective, compelling and verifiable information to support a finding that (a), (b) and (c) are met. These are conditions for that safeguard procedure; Article 247(1) names no economic condition for the Cooperation Council's decision. The provisions read are Articles 247(1), 248(1), 248(5) and 249(1).
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 23 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "Union law in specified fields will have to be transposed into domestic legislation."
Checked against: "The United Kingdom, in respect of Gibraltar, shall have in place in its domestic law, and effectively apply, the same provisions as those contained:" (Agreement, Article 19(1)); "the United Kingdom, in respect of Gibraltar, shall notify the Union of its decision whether to accept the content of, and to implement into its domestic law, the subsequent Union act." (Agreement, Article 19(3)); "this Agreement shall be considered terminated unless the Cooperation Council, after a careful examination of ways to continue the Agreement, decides otherwise" (Agreement, Article 19(5))
Grade: Incomplete. The treaty requires the UK, for Gibraltar, to have in Gibraltar's own law, and apply, the same provisions as the EU acts listed in those parts and annexes of the treaty to which this rule applies, so the statement is right for the listed acts. It leaves out how later EU acts work. For a later act, the UK, for Gibraltar, must tell the EU within 30 days of the EU's notice whether it accepts the content; if it declines, misses the deadline or does not tell the EU, at the latest six weeks after the act comes into force, that it has put the act into its law, the treaty is to be treated as ended unless the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) decides otherwise within 90 days. So 'will have to be transposed' is accurate for listed acts, while for later acts the text sets a choice: accept the act, or risk the end of the treaty.
Grade: Incomplete. Article 19(1) requires the UK, for Gibraltar, to have in its domestic law, and apply, the same provisions as the EU acts listed in those provisions and Annexes of the UK-EU Agreement in respect of Gibraltar to which Article 19 applies, so the statement is right for the listed acts. It leaves out how later EU acts work. For a subsequent act the UK, for Gibraltar, must notify the EU within 30 days of the EU's notification whether it accepts the content (Article 19(3)); if it declines, misses the deadline or does not inform the EU, at the latest six weeks after the act's entry into force, that it has implemented the act into its domestic law, the treaty 'shall be considered terminated' unless the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) decides otherwise within 90 days (Article 19(5)). So 'will have to be transposed' is accurate for listed acts, while for later acts the text sets an accept-or-risk-termination choice.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 24 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "Article 66 provides for evaluation and potential departure following four years. Article 334 establishes a 12-month notice-break clause, both ways."
Checked against: "The Specialised Committee on the Circulation of Persons shall complete an evaluation of the implementation of this Part, including the administrative arrangements referred to in Article 33(6), at the latest 4 years after this Part comes into force." (Agreement, Article 65); "Following completion of the evaluation referred to in Article 65 and without prejudice to Article 334, the Union, including at the request of the Kingdom of Spain, and the United Kingdom may terminate this Agreement by written notification through diplomatic channels." (Agreement, Article 66(1)); "Either Party may terminate this Agreement by written notification through diplomatic channels. This Agreement and any supplementing agreement shall cease to be in force on the first day of the twelfth month following the date of notification." (Agreement, Article 334)
Grade: Incomplete. The treaty matches the second sentence: either side may end it by written notice, and the treaty ends on the first day of the twelfth month after the notice. The first sentence is true as far as it goes but leaves out two points. The treaty requires the evaluation of its part on the movement of people to be done at the latest 4 years after that part comes into force, so ending the treaty on the route that follows the evaluation can come after an evaluation completed earlier than four years. And that route uses the same timing: the treaty ends on the first day of the twelfth month after the notice. The weaker sentence is the one graded. The Council and Commission declaration of 31 March 2026 adds that any EU measure, including ending the treaty, will need Spain's prior agreement; the speaker does not mention it.
Grade: Incomplete. Article 334 matches the second sentence: either Party may terminate by written notice and the UK-EU Agreement in respect of Gibraltar ends on the first day of the twelfth month after notice. The first sentence is true as far as it goes but leaves out two points. Article 65 requires the evaluation 'at the latest 4 years' after Part Two comes into force, so a termination under Article 66 can follow an evaluation completed earlier than four years. And Article 66 uses the same timing: the treaty ends on the first day of the twelfth month following the notification. The weaker sentence is the one graded. The Council and Commission declaration of 31 March 2026 adds that any Union measure, including termination, 'will require a prior agreement of the Kingdom of Spain'; the speaker does not mention it.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 24 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "other articles permit partial or full suspension of the agreement by Spain or the European Union under specified conditions"
Checked against: "either Party, after consultations with each other, may temporarily suspend the implementation of its obligations under Titles I to V of this Part. The Union will take the opinion of the Kingdom of Spain duly into account." (Agreement, Article 67(1)); "will require a prior agreement of the Kingdom of Spain" (Council and Commission declaration of 31 March 2026)
Grade: Shaded. The treaty does have suspension provisions, but the words describe them more widely than the text. The two sides are the EU and the UK, for Gibraltar, not Spain. Either side may temporarily suspend only its obligations under the treaty's part on the circulation of persons (its first five titles), after consultations, and in the circumstances the treaty sets out (serious failure to respect commitments, or a serious and persistent threat to internal security); the EU takes Spain's opinion into account. Other provisions allow obligations to be suspended after arbitration rulings. The Council and Commission declaration says EU measures, including suspension, will require Spain's prior agreement. So "by Spain" and "full suspension" are not what the treaty's suspension provision says.
Grade: Shaded. The UK-EU Agreement in respect of Gibraltar does have suspension provisions, but the words describe them more widely than the text. The Parties are the EU and the UK, for Gibraltar (Article 3(1)(a)), not Spain. Article 67(1) lets either Party temporarily suspend its obligations only under Titles I to V of Part Two (the circulation-of-persons part), after consultations, and in the circumstances it sets out (serious non-respect of commitments, or a serious and persistent threat to internal security); the EU takes Spain's opinion into account. Other articles allow suspension of obligations after arbitration rulings (for example Article 209(12) and Article 316). The Council and Commission declaration says EU measures, including suspension, will require Spain's prior agreement. So 'by Spain' and 'full suspension' are not what Article 67 says.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 24 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "The Treaty permits the tender process to be conducted under non-Gibraltarian legal frameworks for contractual and labour law purposes."
Checked against: "The public tender may foresee the contract and labour law applicable to the" (Agreement, Article 274(2)); "commercial company and its operations." (Agreement, Article 274(2)); "shall not be constituted in either State sharing responsibility for the joint venture company and shall be constituted in a Member State." (Agreement, Article 274(1))
Grade: Shaded. The treaty says the public tender may set out the contract and labour law that applies to the commercial company and its operations. It does not say which law, and it concerns the law that applies to the company chosen to manage the airport, not the way the tender process is conducted. The treaty does require the joint venture company to be set up in an EU country (that is, not in the UK or Spain, the two states sharing responsibility for it), so some non-Gibraltar law will govern the joint venture company itself. The words are accurate that the text allows a non-Gibraltar choice of law, but they read as a statement that the tender is conducted under such law, which the text does not say.
Grade: Shaded. Article 274(2) says the public tender 'may foresee the contract and labour law applicable to the commercial company and its operations'. It does not say which law, and it concerns the law that applies to the company chosen to manage the airport, not the way the tender process is conducted. Article 274(1) does require the joint venture company to be constituted in an EU country (that is, not in the UK or Spain, the two states sharing responsibility for it), so some non-Gibraltar law will govern the joint venture company itself. The words are accurate that the text allows a non-Gibraltar choice of law, but they read as a statement that the tender is conducted under such law, which the text does not say.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 24 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "Given a 50-50... effective veto power is embedded by design, as is deadlock."
Checked against: "A joint venture company shall be constituted under the shared responsibility of the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain." (Agreement, Article 274(1))
Grade: Untested. The treaty says the joint venture company is set up under the shared responsibility of the UK, for Gibraltar, and Spain. The treaty, the UK-Gibraltar Concordat on putting the treaty into effect and Gibraltar's 2026 Act that brings the treaty into Gibraltar law contain no shareholding split, voting rule or deadlock procedure (the Act only gives the Government power to grant the company its tender role). The Concordat says the Government of Gibraltar will set up the company together with Spain. The statement depends on a 50-50 structure that no held text sets out.
Grade: Untested. Article 274(1) says the joint venture company is constituted 'under the shared responsibility' of the UK, for Gibraltar, and Spain. The UK-EU Agreement in respect of Gibraltar, the UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar and the Treaty on Gibraltar and the European Union Act 2026 contain no shareholding split, voting rule or deadlock procedure (section 135 only gives the Government power to grant the company its tender role). The Concordat says the Government of Gibraltar will constitute the company together with Spain. The statement depends on a 50-50 structure that no held text sets out.
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.
What would settle it: What do the founding documents of the joint venture company and the airport tender say about where it is constituted, how its shares are held, its voting rules and deadlock procedure, and who owns the terminal? (Question 2.74 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 52 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "Spanish agents going to our E-gates whenever it is required. Yes, accompanied by Gibraltar agents. Yes, un-uniformed. Albeit identified."
Checked against: "Outside of the Schengen immigration booths: a Spanish officer may be present to supervise the e-gates and escort passengers, where necessary, from the first line Schengen check" (Border-checks arrangement, paragraph 2.1.4(b)); "Officials of the United Kingdom, in respect of Gibraltar, may accompany them." (Border-checks arrangement, paragraph 2.1.4(b)); "Any Spanish official outside of the Second Line Checks Area or Schengen immigration booths will be in civilian clothes but suitably identified." (Border-checks arrangement, paragraph 2.1.4(b))
Grade: Under review. The border-checks arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be carried out) does say that a Spanish officer may be present to supervise the e-gates and escort passengers, where necessary, and that outside the booths and the second-line checks area Spanish officials will be in plain clothes but suitably identified. So 'un-uniformed' and 'identified' match. But the text says Gibraltar's officials may go with the Spanish officer, not that they will; 'accompanied by Gibraltar agents' reads as a rule where the text gives a permission. The words also read 'whenever it is required' where the text says where necessary. Inside the immigration booths the arrangement says officers may be in uniform, which the words do not cover.
Grade: Under review. Arrangement (the administrative arrangement on how Schengen border checks and border surveillance will be conducted) does say a Spanish officer 'may be present to supervise the e-gates and escort passengers, where necessary', and that outside the booths and the Second Line Checks Area Spanish officials 'will be in civilian clothes but suitably identified'. So 'un-uniformed' and 'identified' match. But the text says Gibraltar's officials 'may accompany' the Spanish officer, not that they will; 'accompanied by Gibraltar agents' reads as a rule where the text gives a permission. The words also read 'whenever it is required' where the text says 'where necessary'. Inside the immigration booths the arrangement says officers 'may be in uniform', which the words do not cover.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 52 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "I have not seen any exclusionary terms which say that they will not be armed."
Checked against: "The pursuing officers may carry their service weapons; their use will be prohibited save in cases of legitimate self-defence;" (Surveillance and pursuit arrangement, paragraph 6.4(d)); "Any Spanish official outside of the Second Line Checks Area or Schengen immigration booths will be in civilian clothes but suitably identified." (Border-checks arrangement, paragraph 2.1.4)
Grade: Under review. The treaty and the arrangements were searched for a term saying Spanish officers will not be armed. There is none. The border-checks arrangement is silent on weapons, and the surveillance and pursuit arrangement says officers may carry their service weapons (for surveillance, unless the side that was asked specifically decides otherwise), limiting use to legitimate self-defence. That limit is on use, not on carrying, and the power to decide otherwise is a discretion, not a term saying officers will not be armed. So the statement that he has seen no such term matches the held text. His question "does silence mean that they will be armed?" is a question and is not graded. The provisions read are the whole treaty (searched), one paragraph of the border-checks arrangement and two of the surveillance and pursuit arrangement; no condition, exception or limit in them is left out of the statement.
Grade: Under review. The UK-EU Agreement in respect of Gibraltar and the arrangements were searched for a term saying Spanish officers will not be armed. There is none. The border-checks arrangement is silent on weapons, and the surveillance and pursuit arrangement says officers 'may carry their service weapons' (paragraph 6.4(d); for surveillance, paragraph 3.4(c), 'save where specifically otherwise decided by the requested Participant'), limiting use to legitimate self-defence. That limit is on use, not on carrying, and the power to decide otherwise is a discretion, not a term saying officers will not be armed. So the statement that he has seen no such term matches the held text. His question 'does silence mean that they will be armed?' is a question and is not graded. The provisions read are the whole Agreement (searched), paragraphs 2.1.4 of Arrangement and 3.4(c) and 6.4(d) of Arrangement ; no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 52 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "in relation to uninterrupted pursuit and surveillance, there is a reciprocal arrangement, so that Gibraltar agents can also equally go, presumably armed, I think some segments of our police are armed, across into Spain."
Checked against: "Officers of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain who are pursuing an individual caught in the act of committing or of participating in one of the offences listed in Annex 8 may continue pursuit, in line with the relevant Schengen acquis, in Spain or Gibraltar, respectively." (Agreement, Article 56(1)); "The pursuing officers may carry their service weapons; their use will be prohibited save in cases of legitimate self-defence;" (Surveillance and pursuit arrangement, paragraph 6.4(d))
Grade: Incomplete. The treaty's rules on surveillance and pursuit work both ways: officers of the UK, for Gibraltar, or of Spain, may continue surveillance or pursuit into Spain or Gibraltar respectively. The surveillance and pursuit arrangement lets the officers of either side carry their service weapons, and they may use them only in legitimate self-defence. So the statement that the arrangement works both ways and that Gibraltar's officers may go into Spain, presumably armed, matches the text as far as it goes. 'Presumably' and 'I think some segments of our police are armed' are the speaker's hedges and are not graded. The statement leaves out the limits the text attaches: pursuit is allowed only for a person who has escaped from provisional custody or while serving a custodial sentence, or who is caught in the act of committing, or taking part in, one of the offences on the treaty's list, surveillance is allowed only as part of a criminal investigation, for a person presumed to have taken part in one of those offences or a person who can help identify or trace such a person, and both are subject to the conditions in the arrangement. The texts read are the treaty's rules on surveillance and pursuit, the whole surveillance and pursuit arrangement and a Gibraltar Legal Notice of 2026.
Grade: Incomplete. Articles 55 and 56 are reciprocal: officers of the UK, for Gibraltar, or of Spain, may continue surveillance or pursuit in Spain or Gibraltar respectively. The surveillance and pursuit arrangement (paragraphs 3.4(c) and 6.4(d)) lets the officers of either side carry their service weapons, with use limited to legitimate self-defence. So the statement that the arrangement is reciprocal and that Gibraltar's officers may go into Spain, presumably armed, matches the text as far as it goes. 'Presumably' and 'I think some segments of our police are armed' are the speaker's hedges and are not graded. The statement leaves out the limits the text attaches: pursuit is allowed only for an individual who has escaped from provisional custody or while serving a custodial sentence, or who is caught in the act of committing or taking part in one of the offences listed in Annex 8 (Article 56(1)), surveillance is allowed only as part of a criminal investigation, for a person presumed to have taken part in one of those offences or a person who can help identify or trace such a person (Article 55), and both are subject to the conditions in the arrangement. The provisions read are Articles 55 and 56, the whole surveillance and pursuit arrangement and Legal Notice 152 of 2026.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 54 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "it says that the competent authorities of the Union will have access to the relevant infrastructures, documentation and records.... They will also have the ability of verifying online information in real time, in real time. And they will be able to have at the airport and our ports, sorry, in respect of ships and aircraft arriving at those two entry points I have just referred to, continued real time online access of all incoming and outgoing ships and aircraft."
Checked against: "The competent authorities within the Union shall verify compliance with this Title and carry out any necessary tasks, having, inter alia, access to the relevant infrastructures, documentation and records and any other relevant information." (Agreement, Article 265(1)); "the competent authorities within the Union shall have a continued real-time online access to the following information:" (Agreement, Annex 22, Article 2(2)); "time schedule of all incoming and outgoing ships and aircraft at Gibraltar port and airport;" (Annex 22, Article 2(2)(a))
Grade: Incomplete. The treaty gives the EU's competent authorities access to the relevant infrastructure, documents and records, and one of its annexes gives them real-time online access and allows online information to be checked during joint visits. The statement is right as far as it goes. It reads 'access of all incoming and outgoing ships and aircraft' as a broad access. The text lists what the access covers: the timetable of all incoming and outgoing ships and aircraft, arrival and departure notices, the customs documents available about them, and the number and characteristics of earlier checks on their crew and passengers. Joint visits are for inspections where a risk to the EU's internal market for goods has been identified, and the EU may use the information only to exercise its rights under the treaty. The customs arrangement, which names Spain's customs and excise authorities, was also read.
Grade: Incomplete. Article 265(1) gives the EU's competent authorities access to the relevant infrastructures, documentation and records, and Annex 22 gives them real-time online access and allows verification of online information during joint visits. The statement is right as far as it goes. It reads 'access of all incoming and outgoing ships and aircraft' as a broad access. The text lists what the access covers: the time schedule of all incoming and outgoing ships and aircraft, arrival and leaving notices, available customs documents about them, and the number and characteristics of previous checks on their crew and passengers (Annex 22, Article 2(2)(a) to (d)). Joint visits are to inspect where 'a risk to the Union's internal market for goods has been identified' (Annex 22, Article 1(1)), and the EU may use the information only to exercise its rights under the UK-EU Agreement in respect of Gibraltar (Annex 22, Article 4). Paragraph 4 of the customs arrangement, which names the customs and excise authorities of Spain, was also read.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 54 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "the requirement to notify Spain. In this case, it is Spain about renewals of or applications for residency permits."
Checked against: "Before issuing or renewing a residence permit, the competent authorities of the United Kingdom, in respect of Gibraltar, shall notify the competent authorities of the Kingdom of Spain." (Agreement, Article 50(2)); "Paragraphs 2 to 6 shall not apply to:" (Agreement, Article 50(12))
Grade: Incomplete. The treaty requires the competent authorities of the UK, for Gibraltar, to tell Spain's authorities before issuing or renewing a residence permit, so the statement matches the main rule. It leaves out what the treaty attaches. The treaty switches these steps off for EU citizens and their family members, referred to in the EU's rules on the free movement of its citizens, and for nationals of Iceland, Liechtenstein, Norway, Switzerland, Andorra and San Marino and their family members, whatever their nationality, who have equivalent free-movement rights under agreements with the EU, so the duty does not cover them. Spain then has 28 days (which can be extended by up to 14 days) to object, only on the grounds the treaty lists (a threat to public policy, internal security, public health or the international relations of an EU country), and silence counts as a positive answer. These steps apply until the Visa Information System starts working, when another rule of the treaty takes over.
Grade: Incomplete. Article 50(2) requires the competent authorities of the UK, for Gibraltar, to notify Spain's authorities before issuing or renewing a residence permit, so the statement matches the main rule. It leaves out what the text attaches. Paragraph 12 disapplies paragraphs 2 to 6 for EU citizens and their family members, referred to in Articles 2 and 3 of Directive 2004/38/EC, and for nationals of Iceland, Liechtenstein, Norway, Switzerland, Andorra and San Marino and their family members, whatever their nationality, who have equivalent free-movement rights under agreements with the EU, so the duty does not cover them. Spain then has 28 days (extendable by up to 14 days) to object, only on the grounds in Article 50(3) (a threat to public policy, internal security, public health or the international relations of an EU country), and silence is treated as a positive response (Article 50(4)). Article 50 applies until the Visa Information System starts operating, when Article 51 takes over (Article 50(10)).
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 55 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "There is social housing which is carved out."
Checked against: "social and tax advantages, except rights of access to housing;" (Agreement, Article 292(3)(c)); "shall enjoy the right to equal treatment, in the access to general educational, apprenticeship and vocational training courses" (Agreement, Article 293(2))
Grade: Incomplete. The treaty gives employed frontier workers equal treatment in social and tax advantages, except rights of access to housing. So housing is carved out, as he says. The text carves out rights of access to housing in general, not only social housing, so his wording is narrower than the text. The treaty gives the children of frontier workers who live in Gibraltar equal treatment in access to general education, apprenticeships and vocational training. The speaker first said education was the carved-out item, then corrected himself in the same passage ('Sorry, it is the other way around'); the corrected version is graded here and the first version is counted as part of the same entry.
Grade: Incomplete. Article 292(3)(c) gives employed frontier workers equal treatment in 'social and tax advantages, except rights of access to housing'. So housing is carved out, as he says. The text carves out 'rights of access to housing' generally, not only social housing, so his wording is narrower than the text. Article 293(2) gives frontier workers' children who live in Gibraltar equal treatment in access to general education, apprenticeships and vocational training. The speaker first said education was the carved-out item, then corrected himself in the same passage ('Sorry, it is the other way around'); the corrected version is graded here and the first version is counted as part of the same entry.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 55 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "it is only state aid provisions insofar as it has an impact of some sort of effect in respect of goods. And I understand that that is in Article 21(1)."
Checked against: "produce, transform or supply goods and the aid has, or could have, an effect on trade or investment between the Union and Gibraltar; or" (Agreement, Article 201(1)(a)); "are engaged in the provision of services insofar as the aid has, or could have, an effect on trade in goods or investment between the Union and Gibraltar." (Agreement, Article 201(1)(b)); "Private rights" (Agreement, Article 21 heading)
Grade: Incomplete. The state aid rules are in the treaty's chapter on state aid control, and their scope is set in that chapter, not in the treaty's rule headed private rights, which the speaker named. The treaty applies the rules to aid to economic actors that produce, transform or supply goods where the aid has, or could have, an effect on trade or investment between the EU and Gibraltar, and to service providers so far as the aid has, or could have, an effect on trade in goods or on investment. His description, that aid to services is covered only so far as it has an effect on goods, matches the part on services but leaves out investment, leaves out aid that only could have an effect, and leaves out the wider coverage for producers of goods. He says he is unsure of his understanding and raises it as a concern.
Grade: Incomplete. The state aid rules are in Part Three, Title I, Chapter 2 (State aid control), and the scope is in Article 201(1), not Article 21(1) (Article 21 is headed 'Private rights'). Article 201(1) applies the rules to aid to economic actors that produce, transform or supply goods where the aid has, or could have, an effect on trade or investment between the EU and Gibraltar, and to service providers insofar as the aid has, or could have, an effect on trade in goods or investment. His description, that service aid is covered only insofar as it has an effect on goods, matches the service part but leaves out 'investment' and 'could have', and the wider coverage for goods producers. He says he is unsure of his understanding and raises it as a concern.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 56 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "as a result of having now to request Spain as the issuing authority to issue short term visas"
Checked against: "Where the main purpose is to stay in Gibraltar, the Kingdom of Spain, as the neighbouring Member State, shall issue the visa." (Agreement, Article 47(3)); "The competent authorities of Spain will exempt from visa requirements under Union law civilian sea crew members who hold a seafarer's identity document" (Border-checks arrangement, paragraph 2.2.4)
Grade: Incomplete. The treaty says that where the main purpose of a stay is to stay in Gibraltar, Spain, as the neighbouring EU country, issues the short-stay visa, with the UK, for Gibraltar, able to tell Spain that the visa should not be issued, on sufficiently serious grounds of public policy, internal security or public health, in which case the visa is not valid for Gibraltar. So Spain is the issuing authority in that case. The statement leaves out the seafarer exemption in the border-checks arrangement: Spain's authorities will exempt from visa requirements civilian sea crew who hold a seafarer's identity document under the listed conventions when they land to board a ship or go ashore to transit to another country. The text therefore does not require a visa request to Spain for every crew change.
Grade: Incomplete. Article 47(3) says that where the main purpose of a stay is to stay in Gibraltar, Spain, as the neighbouring EU country, issues the short-stay visa, with the UK, for Gibraltar, able to tell Spain that the visa should not be issued, on sufficiently serious grounds of public policy, internal security or public health, in which case the visa is not valid for Gibraltar (Article 47(4)). So Spain is the issuing authority in that case. The statement leaves out the seafarer exemption in paragraph 2.2.4 of the border-checks arrangement: Spain's authorities will exempt from visa requirements civilian sea crew who hold a seafarer's identity document under the listed conventions when they land to board a ship or go ashore to transit to another country. The text therefore does not require a visa request to Spain for every crew change.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 56 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "Article 334, Article 65,... Article 67, which are the various termination provisions which are incorporated in the treaty text."
Checked against: "Evaluation of the implementation of this Part" (Agreement, Article 65 heading); "Termination of this Agreement after the evaluation of the implementation of this" (Agreement, Article 66 heading); "Suspension of obligations" (Agreement, Article 67 heading)
Grade: Shaded. The Member's list names provisions of the treaty. One is the treaty's general termination clause, and it is a termination provision. Another sets up the evaluation of how one part of the treaty is being carried out: that evaluation must come before termination under the clause that follows it, but the evaluation clause does not itself end anything. A third allows obligations to be suspended for a time, not ended. The termination clause that follows the evaluation is not in the list. The list is accurate that these provisions are connected to ending or pausing the treaty, but it names two that are not termination provisions and leaves out the termination clause that follows the evaluation.
Grade: Shaded. Article 334 is headed 'Termination' and is a termination provision. Article 65 is headed 'Evaluation of the implementation of this Part': it sets up the evaluation that must come before termination under Article 66, but does not itself terminate anything. Article 67 is headed 'Suspension of obligations' and allows temporary suspension, not termination. The termination provision that follows the evaluation is Article 66, which is not in his list. The list is accurate that these articles are connected to ending or pausing the UK-EU Agreement in respect of Gibraltar, but it names two that are not termination provisions and omits Article 66.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 57 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "The objective of this agreement is to establish a mutually cooperative relationship between the parties.... the parties are the Union on one side and the United Kingdom. In respect of Gibraltar"
Checked against: "The objective of this Agreement is to establish a mutually cooperative relationship between the Parties" (Agreement, Article 1); Party or Parties "means the European Union and the United Kingdom, in respect of Gibraltar;" (Agreement, Article 3(1)(a))
Grade: Verified. The treaty states its objective as a mutually cooperative relationship between its parties, and defines the parties as the EU and the UK, for Gibraltar. The quotation stops before the rest of the sentence, which adds that the relationship also promotes shared prosperity and close and constructive relations in respect of Gibraltar and the neighbouring area. That addition is a further objective, not a limit on the first, so nothing the statement asserts is left out. The provisions read are the treaty's clauses on its objective and on definitions; no condition, exception or limit in them is left out of the statement.
Grade: Verified. Article 1 says 'The objective of this Agreement is to establish a mutually cooperative relationship between the Parties', and Article 3(1)(a) defines the Parties as the EU and the UK, for Gibraltar. The quotation stops before the rest of the sentence ('which also promotes shared prosperity and close and constructive relations in respect of Gibraltar and the adjacent area...'). That addition is a further objective, not a limit on the first, so nothing the statement asserts is left out. The provisions read are Articles 1 and 3; no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 57 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "Article 2 being the without prejudice on jurisdiction and sovereignty clause."
Checked against: "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction" (Agreement, Article 2)
Grade: Verified. The treaty's clause headed Sovereignty says the treaty and what is done under it is without prejudice to the legal positions of the UK and Spain on sovereignty and jurisdiction. The speaker's description of it as the without-prejudice clause on jurisdiction and sovereignty matches. No exception that the description leaves out was found in that clause.
Grade: Verified. Article 2 is headed 'Sovereignty' and says the UK-EU Agreement in respect of Gibraltar and what is done under it is 'without prejudice to' the legal positions of the UK and Spain 'with regard to sovereignty and jurisdiction'. The speaker's description of it as the without-prejudice clause on jurisdiction and sovereignty matches. No exception that the description leaves out was found in Article 2.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 59 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "which is the removal of all physical barriers. One sentence, one sentence."
Checked against: "All physical barriers shall be removed in accordance with the implementation plan contained in the relevant administrative arrangement between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain." (Agreement, Article 7)
Grade: Incomplete. The treaty provides, in a single sentence, for all physical barriers to be removed, as he says. It adds a condition his words leave out: the barriers are removed following the implementation plan in the administrative arrangement on this between the UK, for Gibraltar, and Spain, so the steps and timing are set in that arrangement. The treaty repeats the removal for barriers to the movement of people. Two other provisions of the treaty also allow border control to be brought back in the circumstances they set out.
Grade: Incomplete. Article 7 is a single sentence and it provides for removal of all physical barriers, as he says. It adds a qualification the words leave out: the barriers are removed 'in accordance with the implementation plan contained in the relevant administrative arrangement' between the UK, for Gibraltar, and Spain, so the steps and timing are set in that arrangement. Article 28 repeats the removal for barriers related to the circulation of persons. Articles 30(2) and 67 also allow border control to be reinstated in the circumstances they set out.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 60 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "There is a recognition of our laws, specific reference to one of our Acts. I think it is the Immigration and Control Act."
Checked against: "in accordance with the Gibraltar Immigration, Asylum and Refugee Act, as amended or replaced." (Agreement, Article 32(1))
Grade: Incomplete. The treaty does refer by name to a Gibraltar Act: it says Gibraltar's authorities carry out border control in line with the Gibraltar Immigration, Asylum and Refugee Act, as amended or replaced. It also refers to Acts of the Gibraltar Parliament in another rule. The Act he names, the 'Immigration and Control Act', is not the one the treaty names, though he marks his naming as uncertain ('I think'). So the point about a reference to a Gibraltar law is borne out; the name he gives is not what the text says.
Grade: Incomplete. The UK-EU Agreement in respect of Gibraltar does refer by name to a Gibraltar Act: Article 32(1) says Gibraltar's authorities exercise border control 'in accordance with the Gibraltar Immigration, Asylum and Refugee Act, as amended or replaced'. It also refers to Acts of the Gibraltar Parliament in Article 205(6). The Act he names, the 'Immigration and Control Act', is not the one the treaty names, though he marks his naming as uncertain ('I think'). So the point about a reference to a Gibraltar law is borne out; the name he gives is not what the text says.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 60 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "the 50-50 position that we have as a shareholder of the soon-to-be Irish joint venture company"
Checked against: "The joint venture company shall not be constituted in either State sharing responsibility for the joint venture company and shall be constituted in a Member State." (Agreement, Article 274(1))
Grade: Untested. The treaty says the joint venture company is set up under the shared responsibility of the UK, for Gibraltar, and Spain, and that it must be set up in an EU country and not in the UK or Spain. It does not name the EU country or give any shareholding. No document among those held names the country where it is set up or sets a 50-50 split.
Grade: Untested. Article 274(1) says the joint venture company is constituted under the shared responsibility of the UK, for Gibraltar, and Spain, and that it shall be constituted in 'a Member State' and not in the UK or Spain. It does not name the EU country or give any shareholding. No document among those held names the state of constitution or sets a 50-50 split.
What would settle it: What do the founding documents of the joint venture company and the airport tender say about where it is constituted, how its shares are held, its voting rules and deadlock procedure, and who owns the terminal? (Question 2.74 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 31 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "All the mechanisms which... allow for termination of the agreement, the most significant of which allows for the termination of the agreement without a need to give reason within the first 12 months."
Checked against: "Either Party may terminate this Agreement by written notification through diplomatic channels. This Agreement and any supplementing agreement shall cease to be in force on the first day of the twelfth month following the date of notification." (Agreement, Article 334)
Grade: Under review. The treaty lets either side (the UK or the EU) end it by written notice without giving a reason, and the treaty then ends on the first day of the twelfth month after the notice. This right has no time limit, so it can be used at any time, not only 'within the first 12 months'. The phrase can be read two ways: as saying the no-reason right exists only in the first year (the text does not say that), or as saying the treaty ends within about 12 months of a notice (which is what the text says). The record does not show which was meant. The text supports the second reading and does not support the first, and the statement is left under review until the meaning is known.
Grade: Under review. Article 334 lets either Party terminate by written notice without giving a reason, and the UK-EU Agreement in respect of Gibraltar ends on the first day of the twelfth month after the notice. Article 334 has no time limit, so it can be used at any time, not only 'within the first 12 months'. The phrase can be read two ways: as saying the no-reason right exists only in the first year (the text does not say that), or as saying the treaty ends within about 12 months of a notice (which is what the text says). The record does not show which was meant. The text supports the second reading and does not support the first, and the statement is left under review until the meaning is known.
What would settle it: Did the Member mean that the right to end the treaty without giving a reason exists only in the first 12 months, or that the treaty ends on the first day of the twelfth month after a notice? (Question 2.105 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 33 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "regarding police cooperation, as set out at Chapter 3, which starts at Article 54 of this agreement"
Checked against: "POLICE COOPERATION" (Agreement, Part Two, Title III, Chapter 3 heading); "Continued surveillance" (Agreement, Article 55 heading); "Uninterrupted pursuit" (Agreement, Article 56 heading)
Grade: Under review. A chapter of the treaty is headed Police cooperation, and its first article is on information exchange. The next article is headed Continued surveillance and the one after it Uninterrupted pursuit, which are the two articles she goes on to name. The statement describes where the provisions are and what they are called, and nothing in the text conflicts with it. The provisions read are the contents list and those three articles; no condition, exception or limit in them is left out of the statement.
Grade: Under review. Chapter 3 of the relevant Title is headed 'Police cooperation' and its first article is Article 54 ('Information exchange'). Article 55 is headed 'Continued surveillance' and Article 56 'Uninterrupted pursuit', which are the two articles she goes on to name. The statement describes where the provisions are and what they are called, and nothing in the text conflicts with it. The provisions read are the contents list and Articles 54 to 56; no condition, exception or limit in them is left out of the statement.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 35 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "this agreement gives Spanish law enforcement a legitimised presence at the airport"
Checked against: "the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set up border crossing points at Gibraltar port and airport, at which border checks as referred to in paragraph 2 shall be carried out." (Agreement, Article 29(1)); "the competent authorities of the Kingdom of Spain shall perform any functions which are required to exercise border control, comprising border checks and border surveillance, as set out in the Schengen Borders Code and related tasks under Union law." (Agreement, Article 33(1))
Grade: Under review. The treaty provides for border crossing points at Gibraltar's port and airport where border checks are carried out, has Spain's authorities carry out checks on entry and exit, and gives Spain's authorities the border-control functions of the Schengen Borders Code. The border-checks arrangement describes Spanish officials present at the airport. So the treaty does give Spain's authorities a presence at the airport for border control, which is what the words say. No condition that the words leave out was found. 'Law enforcement' is the speaker's label for border-control authorities; the treaty lets them arrest, search and detain in the course of border control. Her further words that the presence was this Government's objection throughout concern past positions and are not graded.
Grade: Under review. Article 29(1) provides for border crossing points at Gibraltar's port and airport at which border checks are carried out, Article 29(5) has Spain's authorities carry out checks on entry and exit, and Article 33(1) gives Spain's authorities the border-control functions of the Schengen Borders Code. The border-checks arrangement (paragraph 2.1.4) describes Spanish officials present at the airport. So the UK-EU Agreement in respect of Gibraltar does give Spain's authorities a presence at the airport for border control, which is what the words say. No condition that the words leave out was found. 'Law enforcement' is the speaker's label for border-control authorities; Article 33(4)(c)(ii) lets them arrest, search and detain in the course of border control. Her further words that the presence 'was this Government's objection throughout' concern past positions and are not graded.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 35 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "checking the documentation, moreover, of any Gibraltarian families travelling with children under the age of 14."
Checked against: "Schengen border checks on persons covered by Article 29(4) of the Agreement over the age of eligibility to use e-gates" (Border-checks arrangement, paragraph 2.1.3(a))
Grade: Untested. The border-checks arrangement sends through the e-gates (automated border gates) people resident in Gibraltar, EU citizens and their family members from outside the EU, and people with free movement rights under agreements the EU has made, if they are over the age set for using the e-gates, and also people from outside the EU who are registered in the EU's Entry/Exit System; all other passengers, who are not eligible for or cannot go through automated border control, go through staffed booths. It does not state the age, and no age of 14 appears in the treaty or the arrangement. So the text supports the general point that people who cannot use e-gates, which would include children below the e-gate age, are checked at staffed booths where Spanish officers work, but the held text does not give 14 as the line.
Grade: Untested. Paragraph 2.1.3 of the border-checks arrangement sends through the e-gates (automated border gates) the persons covered by Article 29(4) of the UK-EU Agreement in respect of Gibraltar (persons resident in Gibraltar, EU citizens and their third-country family members, and beneficiaries of free movement rights under agreements concluded by the EU) who are over 'the age of eligibility to use e-gates', and third-country nationals registered in the EU Entry/Exit System; all other passengers, who are not eligible for or are unable to undergo automated border control, go through staffed booths. It does not state the age, and no age of 14 appears in the UK-EU Agreement in respect of Gibraltar or the arrangement. So the text supports the general point that people who cannot use e-gates, which would include children below the e-gate age, are checked at staffed booths where Spanish officers work, but the held text does not give 14 as the line.
What would settle it: What age of eligibility for the airport e-gates (automated border gates) is set in the design annex or in the operational understanding, and is it 14? (Question 2.106 in Questions about the treaty, Part 2.)
What would settle it: What age of eligibility for the airport e-gates (automated border gates) is set in the Annex A design or in the operational understanding, and is it 14? (Question 2.106 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 36 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "there do not appear to be any provisions relating to Gibraltarians accessing health care in the European Economic Area if needed."
Checked against: "are entitled to benefits in kind in the place of residence provided, on behalf of the competent institution, by the institution of the place of residence" (Agreement, Protocol on Social Security Coordination, Article SSC.16); "United Kingdom nationals legally residing in Gibraltar who are or were subject to the legislation of the Kingdom of Spain following the pursuance of an activity as a frontier worker in the Kingdom of Spain" (Protocol on Social Security Coordination, Article SSC.3(2))
Grade: Incomplete. The speaker says she may be corrected, and the statement is largely borne out: no provision giving Gibraltar residents in general access to health care when they travel in Spain or the wider European Economic Area was found (the UK-EU Agreement in respect of Gibraltar covers the EU countries, not the whole Area). It leaves out the Protocol on Social Security Coordination, which does give health care benefits in kind to a defined group: frontier workers, posted workers, their family members and certain pensioners (Articles SSC.3, SSC.16, SSC.17 and following). That includes UK nationals resident in Gibraltar who work in Spain as frontier workers. Those provisions are for covered persons and for the place of work or residence, not general travel.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 36 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "I note that Article 256 (5) allows for the importation of medical devices, accessories for medical devices and in vitro diagnostic medical devices.... Only... if the devices are procured and imported by or for entities placed under the direct responsibility of the GHA. The sole end-users of the devices are entities under the direct responsibility of the GHA and professionals employed by the GHA."
Checked against: "the devices are procured and imported by or for entities placed under the direct responsibility of the GHA;" (Agreement, Article 256(5)(b)); "the sole end-users of the devices are entities under the direct responsibility of the GHA and professionals employed by the GHA;" (Agreement, Article 256(5)(c)); "the devices may be lawfully placed on the market in the United Kingdom;" (Agreement, Article 256(5)(a))
Grade: Incomplete. The treaty allows the UK, for Gibraltar, to permit the import of these devices, and the second and third conditions are as she describes. She presents those two as the conditions, but the text lists five that must all be met: the devices may be lawfully placed on the UK market; the second and third, as she says; a marking that the device is for Gibraltar (GHA) only, where there is no CE marking; and effective monitoring and enforcement so the devices are not moved to the EU or placed on the market in an EU country. Further rules in the same provision and a footnote to the fifth condition add more, including an exception from that monitoring condition for devices that come with a prescription or certificate from a professional approved by the Gibraltar Health Authority, for up to 90 days of treatment. Her request for clarification about private clinics is a question and is not graded.
Grade: Incomplete. Article 256(5) allows the UK, for Gibraltar, to permit the import of these devices, and conditions (b) and (c) are as she describes. She presents those two as the conditions, but the text lists five that must all be fulfilled: (a) the devices may be lawfully placed on the UK market; (b) and (c) as she says; (d) a 'Gibraltar (GHA) only' marking where there is no CE marking; and (e) effective monitoring and enforcement so the devices are not moved to the EU or placed on the market in an EU country. Paragraph 6 and the footnote to (e) add further rules, including an exception from the monitoring condition in (e) for devices and their accessories accompanied by a prescription or certificate from a GHA-approved professional, in a quantity of no more than 90 days of treatment. Her request for clarification about private clinics is a question and is not graded.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 36 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "At Article 292 (3)(a), there is a provision which protects Frontier... rights not to be discriminated against on grounds of nationality as regards employment, remuneration and other conditions of work and employment."
Checked against: "the right not to be discriminated against on grounds of nationality as regards employment, remuneration and other conditions of work and employment;" (Agreement, Article 292(3)(a))
Grade: Under review. The treaty gives employed frontier workers who are EU citizens living in Spain the right not to be treated differently because of their nationality in employment, pay and other conditions of work and employment; it gives the same to UK nationals living in Gibraltar who work in Spain. The words match that part of the treaty. The statement leaves out that the treaty allows measures that depart from this equal treatment (and from one further equal-treatment rule in the same article) if they are objectively justified: they must be suitable for a legitimate aim and go no further than necessary. The treaty also allows people to be refused public-service posts that involve public powers, and allows restrictions on grounds of public policy, public security and public health. Her further remark that continued access to the GHA is implied and not clear is an opinion and is not graded. The provisions read are the treaty's articles on these rights and their exceptions.
Grade: Under review. Article 292(3)(a) gives employed frontier workers who are EU citizens resident in Spain the right not to be discriminated against on grounds of nationality as regards employment, remuneration and other conditions of work and employment; Article 292(4) gives the same to UK nationals resident in Gibraltar who work in Spain. The words match that paragraph. The statement leaves out that Article 294 allows measures that depart from equal treatment under Article 292(3), (4) and (7), if they are objectively justified: they must be appropriate for a legitimate objective and go no further than necessary. Article 292(6) also allows persons to be refused public-service posts that involve public powers, and Article 297 allows restrictions on public policy, security and health grounds. Her further remark that continued access to the GHA is 'implied' and 'not clear' is an opinion and is not graded. The provisions read are Articles 291 to 297.
Where: Gibraltar Parliament, Hansard, Wednesday 4 March 2026, morning session, page 36 (debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar)
The words: "pursuant to Article 276, which relates to the transport of goods and movement of ambulances between Gibraltar and Spain... That is not unqualified access across the Union"
Checked against: "ambulance services required for the specialist handling of serious and acute medical conditions between Gibraltar and those establishments listed in Annex 26, which are contiguous to Gibraltar for public health purposes." (Agreement, Article 276(2)(b)); "LIST OF HEALTH SERVICE PROVIDERS:" (Agreement, Annex 26)
Grade: Shaded. The statement is right that access under the treaty's provision on road transport and ambulances is qualified, but it does not name the limits. The treaty allows goods transport by road between the territories, limited inside the EU to the contiguous frontier zone. It names two kinds of ambulance service: emergency ambulance services, and ambulance services needed for the specialist handling of serious and acute medical conditions between Gibraltar and the establishments listed in an annex to the treaty.
Grade: Shaded. The statement is right that access under Article 276 is qualified, but it does not name the limits. Article 276(1) allows goods transport by road between the territories, limited within the EU to 'the contiguous frontier zone'. Article 276(2) names two kinds of ambulance service: point (a) covers emergency ambulance services, and point (b) covers ambulance services required for the specialist handling of serious and acute medical conditions between Gibraltar and the establishments listed in Annex 26. The provisions read are Article 276(1) and (2) and Annex 26.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 13 (Treaty Bill, second reading)
The words: "which allow suspension for non-compliance... a 12-month break clause of a termination provision that allows a no-cause termination"
Checked against: "in the event of serious non-respect of commitments under this Part, or where either Party considers that it is exposed to a serious and persistent threat to internal security due to the absence of controls between the Union and Gibraltar, either Party, after consultations with each other, may temporarily suspend the implementation of its obligations under Titles I to V of this Part." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 67(1)); "Either Party may terminate this Agreement by written notification through diplomatic channels." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 334)
Grade: Incomplete. The treaty allows either side, after consultations, to suspend for a time its obligations under the first five titles of the treaty's part on the movement of people, and it lets the EU or the UK, for Gibraltar, suspend the application of the treaty in cases that include applying the customs rules too little or badly. The treaty allows either side to end it by written notice, taking effect on the first day of the twelfth month after the notice, with no reason required. Those two points are borne out. The statement says suspension is allowed 'for non-compliance'. The text is narrower: the first power to suspend refers to serious failure to respect commitments under that part or a serious and lasting threat to internal security, and the customs power lists specific cases, with notice and a period of consultation before either side acts alone.
Grade: Incomplete. Article 67(1) allows either Party, after consultations, to suspend its obligations under Titles I to V of Part Two temporarily, and Article 252(2) lets the EU or the UK, for Gibraltar, suspend the application of the UK-EU Agreement in respect of Gibraltar in cases including insufficient or defective application of the customs Title. Article 334 allows either Party to terminate by written notice, taking effect on the first day of the twelfth month after notice, with no reason required. Those two points are borne out. The statement says suspension is allowed 'for non-compliance'. The text is narrower: Article 67(1) refers to 'serious non-respect of commitments under this Part' or a serious and persistent threat to internal security, and Article 252(2) lists specific cases, with notification and a period of consultation before unilateral action (Article 252(4)). The provisions read are Articles 19, 66, 67, 252 and 334.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 18 (Treaty Bill, second reading)
The words: "an enactment contained in an Order in Council made in exercise of His Majesty’s prerogative in so far as it applies to Gibraltar.... So, the Constitution, for the purposes of the Bill, is an enactment."
Checked against: "an enactment contained in an Order in Council made in exercise of His Majesty’s prerogative in so far as it applies to Gibraltar, other than the Gibraltar Constitution Order 2006;" (Treaty on Gibraltar and the European Union Act 2026, section 3(1), definition of 'enactment', paragraph (b)); "to add at the end of the definition of enactment the words, comma, other than the Gibraltar Constitution Order 2006." (Gibraltar Parliament, Hansard, Tuesday 31 March 2026, morning session, page 20 (Treaty Bill, Committee Stage, clause 3))
Grade: Contradicted. Accurate about the Treaty on Gibraltar and the European Union Bill 2026 as it stood on 30 March 2026; Gibraltar's 2026 Act that brings the treaty into Gibraltar law, as passed, differs. The words the Member of the Opposition read were accurate for the Bill as it stood on 30 March: the Bill’s definition of an enactment included enactments in Orders in Council, and the Gibraltar Constitution Order 2006 is such an Order. The Chief Minister replied the same day that he would propose an amendment leaving the Gibraltar Constitution Order 2006 out, and moved it at the Committee Stage on 31 March (page 20). The Act as passed leaves the Gibraltar Constitution Order 2006 out of that definition. Graded against the Act as passed, the statement that the Constitution is an enactment for the purposes of the Act does not match the text. Whether the Act’s words on a rule of domestic law still reach the Constitution is a separate legal question, covered in entry 375.
Grade: Contradicted. Accurate about the Treaty on Gibraltar and the European Union Bill 2026 as it stood on 30 March 2026; the Treaty on Gibraltar and the European Union Act 2026 as passed differs. The words the Member of the Opposition read were accurate for the Bill as it stood on 30 March: the definition of 'enactment' in section 3 included enactments in Orders in Council, and the Gibraltar Constitution Order 2006 is such an Order. The Chief Minister replied the same day that he would propose an amendment adding the words 'other than the Gibraltar Constitution Order 2006', and moved it at the Committee Stage on 31 March (page 20). The Act as passed reads: '... in so far as it applies to Gibraltar, other than the Gibraltar Constitution Order 2006'. Graded against the Act as passed, the statement that the Constitution is an 'enactment' for the purposes of the Act does not match the text. Whether the words 'rule of domestic law' in section 10(2) still reach the Constitution is a separate legal question, covered in entry 375.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 19 (Treaty Bill, second reading)
The words: "The Agreement shall have the force of law.... any enactment or rule of domestic law shall have effect subject to any modifications necessary to ensure the implementation or operation of the TGEU."
Checked against: "On and after the Implementation Date, the Treaty on Gibraltar and the European Union shall have force of law in domestic law in accordance with the provisions of this Act." (Treaty on Gibraltar and the European Union Act 2026, section 10(1)); "shall not have effect to the extent that it is incompatible with the TGEU." (Treaty on Gibraltar and the European Union Act 2026, section 10(2)(b))
Grade: Incomplete. The statement's words follow the section giving the treaty force of law in Gibraltar's 2026 Act that brings the treaty into Gibraltar law. It leaves out three things that section attaches. The treaty has force of law only from the Implementation Date onwards, and only in line with the rest of the Act. Any enactment or rule of domestic law has no effect to the extent that it is incompatible with the treaty. Later in the debate the Leader of the Opposition said that any enactment includes the Gibraltar Constitution Order 2006. The Act's definition of enactment, as passed, covers Orders in Council other than the Gibraltar Constitution Order 2006; those words were added by an amendment moved at the Committee Stage on 31 March 2026, the day after this debate (see entry 374). Whether the Constitution is still a rule of domestic law within that section, and so subject to the treaty, is a question of legal interpretation that the held texts do not settle. A ruling of the Supreme Court of Gibraltar would settle it. The Chief Minister said that any regulation claiming to amend the Constitution would have no effect. The provisions read are the Act's section on the treaty's force of law and its definitions.
Grade: Incomplete. The statement's words follow section 10(1) and section 10(2)(a) of the Treaty on Gibraltar and the European Union Act 2026. It leaves out three things the section attaches. Under section 10(1) the Treaty (the UK-EU Agreement in respect of Gibraltar) has force of law 'On and after the Implementation Date' and 'in accordance with the provisions of this Act'. Under section 10(2)(b), any enactment or rule of domestic law 'shall not have effect to the extent that it is incompatible with the TGEU'. Later in the debate (page 20) the Leader of the Opposition said that 'any enactment' includes the Gibraltar Constitution Order 2006. The definition of 'enactment' in section 3(1) of the Act, as passed, covers Orders in Council 'other than the Gibraltar Constitution Order 2006'; those words were added by an amendment moved at the Committee Stage on 31 March 2026, the day after this debate (see entry 374). Whether the Constitution is still a 'rule of domestic law' within section 10(2), and so subject to the Treaty, is a question of legal interpretation that the held texts do not settle. A ruling of the Supreme Court of Gibraltar would settle it. The Chief Minister said that any regulation purporting to amend the Constitution would have no effect (page 20). The provisions read are section 10 and section 3(1) of the Act.
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.
What would settle it: Is the 2006 Order that sets out Gibraltar's Constitution a rule of domestic law that Gibraltar's 2026 Act that brings the treaty into Gibraltar law, in its section giving the treaty legal effect, makes subject to changes for the purposes of the treaty? (Question 2.107 in Questions about the treaty, Part 2.)
What would settle it: Is the Gibraltar Constitution Order 2006 a 'rule of domestic law' that section 10(2) of the Act makes subject to modification for the purposes of the Treaty? (Question 2.107 in Questions about the treaty, Part 2.)
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 19 (Treaty Bill, second reading)
The words: "Any political declaration or other document that the Chief Minister designates by notice in the Gazette."
Checked against: "any political declaration, protocol or other document that the Chief Minister designates, by Notice in the Gazette, as to be treated, to the extent specified in the Notice and subject to any conditions or modifications, as forming part of the TGEU;" (Treaty on Gibraltar and the European Union Act 2026, section 5(1)(b)(iv))
Grade: Incomplete. Gibraltar's 2026 Act that brings the treaty into Gibraltar law says that, where it refers to the treaty, the reference also includes any political declaration, protocol or other document that the Chief Minister names in a notice in the Gazette as one to be treated as part of the treaty, to the extent the notice says and subject to any conditions or changes. The words quoted in the statement are a shortened form of that. They leave out protocols, and that such a document is treated as part of the treaty only to the extent the notice says and subject to any conditions or changes. The provision read is the Act's section on what the treaty includes.
Grade: Incomplete. Section 5(1)(b)(iv) of the Treaty on Gibraltar and the European Union Act 2026 says the reference to the Treaty (the UK-EU Agreement in respect of Gibraltar) includes 'any political declaration, protocol or other document that the Chief Minister designates, by Notice in the Gazette, as to be treated, to the extent specified in the Notice and subject to any conditions or modifications, as forming part of the TGEU'. The words quoted in the statement are a shortened form of that. They leave out 'protocol', and that the document is treated as part of the Treaty only 'to the extent specified in the Notice and subject to any conditions or modifications'. The provisions read are section 5.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 21 (Treaty Bill, second reading)
The words: "creation of criminal offences by regulation... the power to create, by regulation, criminal offences that are not provided for under Gibraltar law."
Checked against: "create criminal offences (including making provision for criminal offences referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism, done at Strasbourg on 27 January 1977, or offences referred to in Annex 13, or any other offence that is not provided for under Gibraltar law);" (Treaty on Gibraltar and the European Union Act 2026, section 13(2)(j))
Grade: Incomplete. Gibraltar's 2026 Act that brings the treaty into Gibraltar law lets Implementation Regulations create criminal offences, including any other offence not provided for under Gibraltar law, so the statement is true as far as it goes. It leaves out two conditions. The Government may use the power only to make provision that appears to the Government to be necessary or expedient for one of the Act's implementation purposes. And Implementation Regulations must be laid before Parliament as soon as practicable after they are made. The provisions read are listed in the texts.
Grade: Incomplete. Section 13(2)(j) of the Treaty on Gibraltar and the European Union Act 2026 lets Implementation Regulations 'create criminal offences', including 'any other offence that is not provided for under Gibraltar law', so the statement is true as far as it goes. It leaves out two conditions. Under section 13(1) the Government may use the power only to make provision 'that appears to the Government to be necessary or expedient for an implementation purpose'. Under section 13(4), Implementation Regulations 'shall be laid before Parliament as soon as practicable after being made'. The provisions read are sections 13(1), 13(2)(j) and 13(4) of the Act.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 24 (Treaty Bill, second reading)
The words: "we welcome that the Chief Minister shall publish and lay before Parliament a report under section 21, and that there will be guidance and explanatory material."
Checked against: "The Chief Minister shall publish and lay before Parliament reports ('Treaty Implementation Reports') on—" (Treaty on Gibraltar and the European Union Act 2026, section 21(1)); "The Government may from time to time publish—... (a) guidance as to the operation of any provision of this Part; (b) explanatory material about the purpose or effect of any provision of this Part." (Treaty on Gibraltar and the European Union Act 2026, section 22(1))
Grade: Under review. Gibraltar's 2026 Act that brings the treaty into Gibraltar law requires the Chief Minister to publish Treaty Implementation Reports and lay them before Parliament, which bears out the first part. The Act provides that the Government may from time to time publish guidance and explanatory material, and requires a Minister and public bodies to have regard to guidance that is published. The statement says 'there will be guidance and explanatory material'. The Act gives a power, not a duty, so will be reads wider than may. The provisions read are the Act's two sections on reports and on guidance.
Grade: Under review. Section 21(1) requires the Chief Minister to publish and lay before Parliament Treaty Implementation Reports, which bears out the first part. Section 22(1) provides that the Government 'may from time to time publish' guidance and explanatory material, and section 22(3) requires a Minister and public bodies to have regard to guidance that is published. The statement says 'there will be guidance and explanatory material'. The section gives a power, not a duty, so 'will be' reads wider than 'may'. The provisions read are sections 21 and 22.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 24 (Treaty Bill, second reading)
The words: "it says that the Government may make or enter into arrangements for another person to make administrative arrangements where the Government is satisfied that the arrangements are necessary or expedient for an implementation period."
Checked against: "The Government may make, or enter into arrangements for another person to make, administrative arrangements where the Government is satisfied that the arrangements are necessary or expedient for an implementation purpose." (Treaty on Gibraltar and the European Union Act 2026, section 24(2))
Grade: Shaded. Gibraltar's 2026 Act that brings the treaty into Gibraltar law says the Government may make, or arrange for another person to make, administrative arrangements where the Government is satisfied that the arrangements are necessary or expedient for an implementation purpose. The statement says 'implementation period'. The Act defines what an implementation purpose is, and the word period changes the meaning. The Act adds that the Government may use this power only where there is no suitable other power, and must take reasonable steps to secure permanent legislation. The question of which Government is meant is a matter of interpretation; the Act speaks of the Government.
Grade: Shaded. Section 24(2) of the Treaty on Gibraltar and the European Union Act 2026 says the Government may make, or enter into arrangements for another person to make, administrative arrangements 'where the Government is satisfied that the arrangements are necessary or expedient for an implementation purpose'. The statement says 'implementation period'. 'Implementation purpose' is a defined term in section 7; 'period' changes the meaning. Section 24(4) adds that the Government may rely on section 24(2) only where there is no suitable alternative power, and must take reasonable steps to secure permanent legislation. The provisions read are sections 23 to 26. The question of which Government is meant is a matter of interpretation; the Act speaks of 'the Government'.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 25 (Treaty Bill, second reading)
The words: "when a non-EU national—say a British national not resident in Gibraltar—... arrives in Gibraltar, as I understand it, that period counts towards the 90 days."
Checked against: "Citizens of the Union, their third-country family members who hold a residence card under Directive 2004/38/EC, and third-country nationals legally residing in the Member States applying the Schengen acquis in full may enter and stay in Gibraltar without a visa for a maximum period of 90 days in any 180-day period." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 41(1), first subparagraph)
Grade: Under review. The treaty applies the limit of 90 days in any 180 days to stays in Gibraltar by EU citizens and by third-country nationals legally living in the Schengen countries. It says nothing about a British national who does not live in Gibraltar. The treaty exempts only people resident in Gibraltar from the Entry/Exit System. Whether time a visitor spends in Gibraltar counts towards a Schengen limit is not stated in the treaty, which says in its preamble that Gibraltar does not take part in the Schengen rules. The Entry/Exit System rules and any guidance on how it is to be applied at Gibraltar would settle it, and they are not held. The Member of the Opposition put the point as his understanding and asked the Chief Minister to clarify.
Grade: Under review. Article 41(1), first subparagraph, applies the 90 in 180 limit to stays in Gibraltar by citizens of the EU and third-country nationals legally residing in the Schengen States. It says nothing about a British national who does not live in Gibraltar. Article 42(1) exempts only persons resident in Gibraltar from the Entry/Exit System. Whether time spent in Gibraltar by a visitor counts towards a Schengen limit is not stated in the UK-EU Agreement in respect of Gibraltar, which says that Gibraltar does not participate in the Schengen rules (Preamble, preamble paragraph 6). The Entry/Exit System rules and any guidance on how it is to be applied at Gibraltar would settle it, and they are not held. The Member of the Opposition put the point as his understanding and asked the Chief Minister to clarify.
What would settle it: What entry conditions apply to a British visitor to Gibraltar before and after the treaty began to apply (passport validity and age, and where the three months are counted from), and does the time count towards the 90 in 180 limit? (Question 2.108 in Questions about the treaty, Part 2.)
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 25 (Treaty Bill, second reading)
The words: "under section 36, that there is a reference to nationals of Liechtenstein or Andorra or the Republic of San Marino who will have free movement rights"
Checked against: "nationals of Iceland, the Kingdom of Norway, the Swiss Confederation, the Principality of Liechtenstein, and" (Treaty on Gibraltar and the European Union Act 2026, section 36(2)(b)); "nationals of the Principality of Andorra and the Republic of San Marino following the entry into force of agreements conferring such nationals with free movement" (Treaty on Gibraltar and the European Union Act 2026, section 36(2)(c))
Grade: Under review. Gibraltar's 2026 Act that brings the treaty into Gibraltar law applies the Schengen rules on carriers' liability to people other than EU citizens, nationals of Iceland, Norway, Switzerland and Liechtenstein, and nationals of Andorra and San Marino once agreements giving those nationals free movement rights have entered into force. The statement matches, and the point that free movement rights for those nationals come from other international agreements matches the Act's wording. The provisions read are the Act's section and the treaty's article on this; no condition, exception or limit in them is left out of the statement.
Grade: Under review. Section 36(2) of the Treaty on Gibraltar and the European Union Act 2026 applies the Schengen carriers' liabilityLiability (legal)Being legally responsible for something, such as harm or loss caused to someone, and having to answer for it. rules to persons other than EU citizens, nationals of Iceland, Norway, Switzerland and Liechtenstein, and nationals of Andorra and San Marino 'following the entry into force of agreements conferring such nationals with free movement rights'. The statement matches, and the point that free movement rights for those nationals come from other international agreements matches the wording of paragraph (c). The provisions read are section 36 and Article 36; no condition, exception or limit in them is left out of the statement.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 25 (Treaty Bill, second reading)
The words: "residence permits issued by the Authority prior to the implementation date shall remain valid for a period of two calendar years after that date, or until their expiration, whichever comes first"
Checked against: "Residence permits issued by the Authority prior to the Implementation Date shall remain valid for a period of two calendar years after that date or until their expiration date, whichever comes first." (Treaty on Gibraltar and the European Union Act 2026, section 49(2)); "shall remain valid for a period of two calendar years after that date or until their expiration date, whichever comes first." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 52(1))
Grade: Verified. Gibraltar's 2026 Act that brings the treaty into Gibraltar law, carrying out a provision of the treaty, says residence permits issued before the Implementation Date stay valid for two calendar years after that date or until they expire, whichever comes first. The statement matches. The Member of the Opposition's remark that permits expiring more than two years later would end together is an inference from the same words and is borne out by the words whichever comes first. The Act's section on this and the treaty provision it carries out were read; no condition, exception or limit in them is left out of the statement.
Grade: Verified. Section 49(2) of the Treaty on Gibraltar and the European Union Act 2026, which implements Article 52(1) of the UK-EU Agreement in respect of Gibraltar, says residence permits issued before the Implementation Date remain valid for two calendar years after that date or until their expiration date, whichever comes first. The statement matches. The Member of the Opposition's remark that permits expiring later than two years would end together is an inference from the same words and is borne out by 'whichever comes first'. The provisions read are section 49 and Article 52; no condition, exception or limit in them is left out of the statement.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 26 (Treaty Bill, second reading)
The words: "Section 63 of the Bill says that: for the purposes of Articles 117 to 151 [which is all about surrender, extradition] the central authority shall be the Government.... the Governor shall delegate to the Chief Secretary their powers under subsection (1) in relation to matters not affecting internal security or defence."
Checked against: "For the purposes of Articles 117 to 151, the Central Authority shall be the Chief Secretary." (Treaty on Gibraltar and the European Union Act 2026, section 63); "Clause 63 as amended. In this clause, Madam Speaker, the amendment is the one that I said I would move during the course of the second reading, which removes the reference to His Excellency the Governor being the central authority and makes it the Chief Secretary and removes subsection 2 in its entirety." (Gibraltar Parliament, Hansard, Tuesday 31 March 2026, morning session, page 23 (Treaty Bill, Committee Stage, clause 63))
Grade: Contradicted. Accurate about the Treaty on Gibraltar and the European Union Bill 2026 as it stood on 30 March 2026; Gibraltar's 2026 Act that brings the treaty into Gibraltar law, as passed, differs. The Member of the Opposition read the Bill’s clause on the central authority as it stood on 30 March: the Governor was the central authority for the surrender provisions, with a duty to delegate to the Chief Secretary in matters not affecting internal security or defence (the record shows ‘the Government’ in the first part, which appears to be a transcription slip for ‘the Governor’). The Chief Minister accepted his criticism the same day, and at the Committee Stage on 31 March he moved the amendment that removes the Governor and a subsection of that clause (page 23). The Act as passed makes the Chief Secretary the central authority for those surrender provisions. Graded against the Act as passed, the statement describes a text that was changed.
Grade: Contradicted. Accurate about the Treaty on Gibraltar and the European Union Bill 2026 as it stood on 30 March 2026; the Treaty on Gibraltar and the European Union Act 2026 as passed differs. The Member of the Opposition read clause 63 of the Bill as it stood on 30 March: the Governor was the central authority for the surrender Articles, with a duty to delegate to the Chief Secretary in matters not affecting internal security or defence (the record shows 'the Government' in the first part, which appears to be a transcription slip for 'the Governor'). The Chief Minister accepted his criticism the same day, and at the Committee Stage on 31 March he moved the amendment that removes the Governor and subsection (2) (page 23). Section 63 of the Act as passed reads: 'For the purposes of Articles 117 to 151, the Central Authority shall be the Chief Secretary.' Graded against the Act as passed, the statement describes a text that was changed. The provisions read are sections 63 and 64 and Articles 117 to 151.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 27 (Treaty Bill, second reading)
The words: "so 103 is liability to excise duty and payment into the Consolidated Fund.... this refers to goods being placed on the market, and indeed transitions"
Checked against: "Liability to excise duty and payment into consolidated fund." (Treaty on Gibraltar and the European Union Act 2026, arrangement of sections, entry for section 103); "Goods placed on the market in Gibraltar." (Treaty on Gibraltar and the European Union Act 2026, arrangement of sections, entry for section 130)
Grade: Under review. The list of sections of Gibraltar's 2026 Act that brings the treaty into Gibraltar law gives one section the heading Liability to excise duty and payment into consolidated fund and another the heading Goods placed on the market in Gibraltar. The second puts into effect the treaty's transitional rule on goods placed on the market in Gibraltar. The statements describe the sections' subjects and match. The provisions read are those two sections; no condition, exception or limit in them is left out of the statement.
Grade: Under review. The arrangement of sections of the Treaty on Gibraltar and the European Union Act 2026 gives section 103 the heading 'Liability to excise duty and payment into consolidated fund' and section 130 the heading 'Goods placed on the market in Gibraltar'. Section 130 implements Article 269 of the UK-EU Agreement in respect of Gibraltar (goods placed on the market in Gibraltar), a transitional rule. The statements describe the sections' subjects and match. The provisions read are sections 103 and 130; no condition, exception or limit in them is left out of the statement.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, pages 35, 36 (Treaty Bill, second reading)
The words: "clause 10, which,... really in effect, sets out the primordial core provision in this Bill, which is that the Treaty now becomes a part, in effect, of our laws.... it sets out that the application of EU law is to have legal effect —and not just the current structures, but also any subsequent Union Act."
Checked against: "On and after the Implementation Date, the Treaty on Gibraltar and the European Union shall have force of law in domestic law in accordance with the provisions of this Act." (Treaty on Gibraltar and the European Union Act 2026, section 10(1)); "under the conditions laid down in Article 19(2) to (4), any subsequent Union act" (Treaty on Gibraltar and the European Union Act 2026, section 11(1)(b))
Grade: Under review. Gibraltar's 2026 Act that brings the treaty into Gibraltar law gives the treaty force of law in Gibraltar's own law, and gives legal effect to the EU acts that the treaty applies and, under the conditions the treaty sets, to any later EU act. The statement matches. The condition in the treaty, which the Member does not mention, is that Gibraltar notifies its decision to accept the content of a later act within 30 days; the statement does not say that every later act applies automatically, so it does not conflict. The provisions read are the two sections of the Act and the treaty's article on EU acts; no condition, exception or limit in them is left out of the statement.
Grade: Under review. Section 10(1) of the Treaty on Gibraltar and the European Union Act 2026 gives the Treaty (the UK-EU Agreement in respect of Gibraltar) force of law in domestic law, and section 11(1) gives legal effect to the EU acts to which Article 19 applies and, 'under the conditions laid down in Article 19(2) to (4)', to any subsequent EU act. The statement matches. The condition in Article 19(2) to (4), which the Member does not mention, is that Gibraltar notifies its decision to accept the content of a subsequent act within 30 days; the statement does not say that every later act applies automatically, so it does not conflict. The provisions read are sections 10 and 11 and Article 19; no condition, exception or limit in them is left out of the statement.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 36 (Treaty Bill, second reading)
The words: "clauses 18 and 19, where decisions of the European Court of Justice will be relevant again"
Checked against: "shall in their implementation and application be interpreted in conformity with the relevant case law of the Court of Justice of the European Union." (Treaty on Gibraltar and the European Union Act 2026, section 18(b))
Grade: Under review. Gibraltar's 2026 Act that brings the treaty into Gibraltar law says that the EU law provisions that the treaty applies are to be interpreted and applied using the methods and general principles of EU law and, in putting them into effect and applying them, interpreted in line with the relevant case law of the Court of Justice of the European Union. That bears out the statement that decisions of the European Court of Justice become relevant again for those provisions. The statement is limited to the law that applies because of the treaty; the Act does not make those decisions relevant to other Gibraltar law, and the statement does not say it does. The provisions read are the Act's sections on this and the related article of the treaty; no condition, exception or limit in them is left out of the statement.
Grade: Under review. Section 18 of the Treaty on Gibraltar and the European Union Act 2026 says that the EU law provisions in Article 19(1) 'shall be interpreted and applied in accordance with the methods and general principles of Union law' and 'in their implementation and application be interpreted in conformity with the relevant case law of the Court of Justice of the European Union'. That bears out the statement that decisions of the European Court of Justice become relevant again for those provisions. The statement is limited to the law that applies by virtue of the Treaty (the UK-EU Agreement in respect of Gibraltar); the Act does not make those decisions relevant to other Gibraltar law, and the statement does not say it does. The provisions read are sections 17 to 19 and Article 20; no condition, exception or limit in them is left out of the statement.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 38 (Treaty Bill, second reading)
The words: "in clause 17(3) — another significant encroachment into the body of our laws, in respect of which there will not be an opportunity in Parliament to debate them and vote on them—is in 17(3), where we are seeing that: The decisions of the Corporation Council adopted in accordance with Article 22(4) or Article 4 shall have effect and I repeat— Shall have effect in domestic law."
Checked against: "Decisions of the Cooperation Council adopted in accordance with Article 22(4) or Article 24 shall have effect in domestic law." (Treaty on Gibraltar and the European Union Act 2026, section 17(3))
Grade: Shaded. Gibraltar's 2026 Act that brings the treaty into Gibraltar law says that decisions of the Cooperation Council adopted under two named provisions of the treaty have effect in Gibraltar law. The statement repeats those words but gives a different provision number for one of them from the one the Act gives. It also reads wider than the text because it leaves out that the Cooperation Council must adopt decisions and make recommendations by mutual consent, and that its power is to adopt decisions on all matters where the treaty or any supplementing agreement so provides.
Grade: Shaded. Section 17(3) of the Treaty on Gibraltar and the European Union Act 2026 says: 'Decisions of the Cooperation Council adopted in accordance with Article 22(4) or Article 24 shall have effect in domestic law.' The statement repeats those words but gives 'Article 4' where the Act says Article 24. It also reads wider than the text because it leaves out that under Article 24(2) the Cooperation Council 'shall adopt decisions and make recommendations by mutual consent', and that under Article 22(4)(a) the Council has the power to 'adopt decisions in respect of all matters where this Agreement or any supplementing agreement so provides'. The provisions read are section 17(3) of the Act and Articles 22(4)(a) and 24.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, pages 38, 39 (Treaty Bill, second reading)
The words: "Where the authority has informed the Schengen authorities of an application for international protection that has been made, and within 14 calendar days the Schengen authorities inform the authority. that is, Gibraltar of their objection to the granting of international protection, it says: …the authority shall refrain from granting international protection until it has given full consideration to any information provided by the Schengen authorities.... So, I assume that we, Gibraltar, would continue to maintain—and that, if that interpretation is correct, is a good thing—ultimate decision-making powers in terms of granting or not granting an... application for international protection."
Checked against: "the Authority shall refrain from granting international protection until it has given full consideration to any information provided by the Schengen authorities." (Treaty on Gibraltar and the European Union Act 2026, section 50(10)); "the competent authorities of the United Kingdom, in respect of Gibraltar, shall refrain from granting international protection until they have given full consideration to any information provided by the competent authorities of the Kingdom of Spain." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 53(7))
Grade: Incomplete. Gibraltar's 2026 Act that brings the treaty into Gibraltar law, which carries out a provision of the treaty, says that after a Schengen objection the Authority must hold back from granting international protection until it has fully considered any information the Schengen authorities provide. The Act and the treaty make the Authority (in the treaty, the competent authorities of the UK, for Gibraltar) responsible for examining the application, subject to further provisions in both texts. The core of the statement is borne out. The statement leaves out what the text attaches. The 14 calendar days can be extended by a further 14 calendar days where the treaty's extension applies. Where the Schengen authorities do not respond, the Authority must in any case not grant international protection before the end of that period. The Authority must tell the Schengen authorities the final decision and the reasons for it, subject to another provision of the Act; the treaty sets the same duty towards Spain's competent authorities, subject to another provision of the treaty. Under the treaty, the application must be handled to standards at least equivalent to those that apply in the EU for eligibility criteria, content of protection, procedures and reception conditions. The provisions read are listed in the texts.
Grade: Incomplete. Section 50(10) of the Treaty on Gibraltar and the European Union Act 2026, which implements Article 53(7) of the UK-EU Agreement in respect of Gibraltar, says that after a Schengen objection the Authority 'shall refrain from granting international protection until it has given full consideration to any information provided by the Schengen authorities', and section 50(2) and Article 53(1) make the Authority (in the treaty, the competent authorities of the UK, for Gibraltar) responsible for examining the application, subject to subsections (9) to (15) of section 50 and to paragraphs 6 to 10 of Article 53. The core of the statement is borne out. The statement leaves out what the text attaches. The 14 calendar days can be extended by 'a further 14 calendar days' in 'the case of an extension under Article 53(7)' (section 50(10)). Under section 50(11), where the Schengen authorities do not respond, 'in any case the Authority shall refrain from granting international protection before the end of that period'. Under section 50(12), the Authority must 'notify the Schengen authorities of the final decision and the reasons therefor', subject to subsection (8); Article 53(7) has the same duty towards the competent authorities of the Kingdom of Spain, subject to paragraph 5. Under Article 53(6), the application must be processed in accordance with standards that are 'at least equivalent' to those applicable in the EU for eligibility criteria, content of protection, procedures and reception conditions. The provisions read are sections 50(2) and 50(10) to (12) of the Act and Articles 53(1), 53(6) and 53(7) of the treaty.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 39 (Treaty Bill, second reading)
The words: "The Government may by implementation regulations make provision setting out the modalities concerning continuous surveillance and uninterrupted pursuits, including, in particular…... that we, Gibraltar, will be able to control, in a very significant way, by law, the operations of Spanish agents in our land."
Checked against: "requiring the enforcement authorities to obey instructions of competent local authorities;" (Treaty on Gibraltar and the European Union Act 2026, section 53(2)(h)); "permitting the establishment of specified conditions, restrictions or limitations on the operations of any enforcement authorities;" (Treaty on Gibraltar and the European Union Act 2026, section 53(2)(j)); "they must obey the instructions of the competent local authorities;" (Administrative Arrangement between the United Kingdom, in respect of Gibraltar, and Spain on Continued Surveillance and Uninterrupted Pursuit (Arrangement ), signed 25 June 2026, paragraph 3.4(a))
Grade: Incomplete. Gibraltar's 2026 Act that brings the treaty into Gibraltar law lets the Government make Implementation Regulations on surveillance and pursuit, and lists what they may include, among other things requiring the enforcement authorities (which include those of Spain) to obey instructions of competent local authorities, and allowing set conditions, restrictions or limits on the operations of any enforcement authorities. The administrative arrangement on continued surveillance and uninterrupted pursuit already requires officers on surveillance and pursuit to obey the instructions of the competent local authorities. The statement says Gibraltar 'will be able to control' the operations 'in a very significant way'. The text says the Government may make such provision. The Act is an enabling provision and does not itself impose the controls. The Member put it as the Member's own interpretation and invited correction. The provisions read are listed in the texts.
Grade: Incomplete. Section 53 of the Treaty on Gibraltar and the European Union Act 2026 lets the Government make Implementation Regulations on surveillance and pursuit, and section 53(2) lists what they may include, among other things requiring the enforcement authorities (which include those of Spain) 'to obey instructions of competent local authorities' (paragraph (h)) and permitting 'specified conditions, restrictions or limitations on the operations of any enforcement authorities' (paragraph (j)). Arrangement (the administrative arrangement on continued surveillance and uninterrupted pursuit) already requires officers on surveillance and pursuit to obey the instructions of the competent local authorities (paragraphs 3.4(a) and 6.4(a)). The statement says Gibraltar 'will be able to control' the operations 'in a very significant way'. The text says the Government 'may' make such provision. The Act is an enabling provision and does not itself impose the controls. The Member put it as his own interpretation and invited correction. The provisions read are sections 51 to 57 and Arrangement 5.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 40 (Treaty Bill, second reading)
The words: "Any joint operation, including where it takes the form of a joint patrol, that takes place in Gibraltar shall require the Government’s explicit prior authorisation.... The RGP, Customs and the Borders and Coastguard Agency may participate in joint patrols and other joint operations [joint being the operative word] in a Member State"
Checked against: "Any joint operation, including where it takes the form of a joint patrol, that takes place in Gibraltar shall require the Government’s explicit prior authorisation." (Treaty on Gibraltar and the European Union Act 2026, section 55(4)); "shall be explicitly authorised, prior to the joint operation, respectively by that Member State or the United Kingdom, in respect of Gibraltar, who shall also take part in it." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 58(3))
Grade: Incomplete. The first part of the statement repeats a provision of Gibraltar's 2026 Act that brings the treaty into Gibraltar law. The second part repeats the next provision but leaves out its closing words, which tie it to the treaty's article on joint patrols and operations. That article is in the treaty's part on movement of people, in the title on safeguards and the chapter on police cooperation, and it refers to no other article of the treaty. Under it, the competent authorities of the EU and the EU countries, on one side, and of the UK, for Gibraltar, on the other, may introduce joint patrols and other joint operations to maintain public order and security and prevent criminal offences. A joint operation within the territory of an EU country must be expressly authorised, before it takes place, by that EU country, which must also take part in it; the same applies to the UK, for Gibraltar, for operations within the territory of Gibraltar. The conditions and practical aspects of the cooperation, including whether the designated officers or other officials may use executive powers, who is responsible for actions of the officers of the side that sends them and which law applies, are set out in declarations. The provisions read are listed in the texts.
Grade: Incomplete. The first part of the statement repeats section 55(4) of the Treaty on Gibraltar and the European Union Act 2026. The second part repeats section 55(5) but leaves out its closing words, 'in accordance with Article 58'. Article 58 is in the Part on circulation of persons, in the Title on safeguards and the chapter on police cooperation, and it refers to no other Article of the UK-EU Agreement in respect of Gibraltar. Under Article 58(1) the competent authorities of the EU and the EU countries, on the one side, and of the UK, for Gibraltar, on the other side, 'may' introduce joint patrols and other joint operations 'in maintaining public order and security and preventing criminal offences'. Under Article 58(3) a joint operation within the territory of an EU country must be explicitly authorised, before it takes place, by that EU country, which shall also take part in it; the same applies to the UK, for Gibraltar, for operations within the territory of Gibraltar. Under Article 58(2) the conditions for and practical aspects of the cooperation, including whether the designated officers or other officials may exercise executive powers, who is responsible for actions committed by the seconding side's officers and which law applies, are laid down in declarations. The provisions read are section 55(4) and (5) of the Act and Article 58.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 40 (Treaty Bill, second reading)
The words: "where it says: In response to exceptional circumstances, the Minister may by regulations take one of the following measures: apply a temporary reduced rate of transaction tax; temporarily exempt from the transaction tax; and excise duties…... I have not seen —certainly not in the body of the Bill —what 'exceptional circumstances' means; how that is defined."
Checked against: "In response to exceptional circumstances, and subject to the procedures and the conditions set out in Article 9(2) and (3) of Annex 24 being satisfied, the Minister may by Regulations take one of the following measures-" (Treaty on Gibraltar and the European Union Act 2026, section 111(1)); "In response to exceptional circumstances and subject to certain conditions laid down in this Article, the United Kingdom, in respect of Gibraltar, may take one of the following measures:" (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume II), Annex 24, Article 9(1))
Grade: Under review. Gibraltar's 2026 Act that brings the treaty into Gibraltar law lets the Minister, by regulations, apply a temporary reduced rate of transaction tax to specific goods, or temporarily exempt specific goods from transaction tax and excise duties, in response to exceptional circumstances, subject to the procedures and conditions set in the treaty's rules on transaction tax. The reading matches, and the Member's point that the phrase exceptional circumstances is not defined also holds: neither the Act's definitions nor the treaty's rule on this define it. The treaty sets the conditions that apply: approval by the EU-UK treaty committee on economy and trade within a week of notification, and no negative impact on the EU's internal market. The statement leaves out nothing that bears on its point. The treaty was searched for a definition of exceptional circumstances; none was found. The provisions read are that part of the Act, the treaty's rules on transaction tax and its rule on exceptional circumstances; no condition, exception or limit in them is left out of the statement.
Grade: Under review. Section 111(1) of the Treaty on Gibraltar and the European Union Act 2026 lets the Minister by regulations apply a temporary reduced rate of transaction tax to specific goods, or temporarily exempt specific goods from the transaction tax and excise duties, in response to exceptional circumstances 'subject to the procedures and the conditions set out in Article 9(2) and (3) of Annex 24'. The reading matches, and the Member's point that the phrase 'exceptional circumstances' is not defined also holds: neither the Act (section 3) nor Annex 24, Article 9, defines it. Annex 24, Article 9(2) and (3) set the conditions that apply: approval by the Specialised Committee on Economy and Trade within a week of notification, and no negative impact on the Union's internal market. The statement leaves nothing out that bears on its point. The UK-EU Agreement in respect of Gibraltar was searched for a definition of 'exceptional circumstances'; none was found. The provisions read are section 111(1), Annex 24 and Article 9(1); no condition, exception or limit in them is left out of the statement.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 40 (Treaty Bill, second reading)
The words: "it is the Collector—i.e. the Collector of Customs, which is the Gibraltarian authority—who has the power to refund excise duties charged on goods"
Checked against: "The Collector shall refund the excise duty charged on a good upon its export to the European Union provided the exporter can prove to the Collector’s satisfaction that VAT and excise duty has been paid in the European Union." (Treaty on Gibraltar and the European Union Act 2026, section 107(1)); "The Collector may refund excise duties of excise goods when the Collector is satisfied that there has been a total destruction or irretrievable loss" (Treaty on Gibraltar and the European Union Act 2026, section 108)
Grade: Incomplete. Under Gibraltar's 2026 Act that brings the treaty into Gibraltar law the Collector of Customs is the authority who refunds excise duty. The Act says the Collector must refund the excise duty charged on a good when it is exported to the EU, where the exporter proves that VAT and excise duty have been paid there, and that the Collector may refund in cases of total destruction or irretrievable loss. The statement says the Collector 'has the power to refund'. That is right for destruction or loss, but for exports the Act makes the refund a duty when its conditions are met, and the statement leaves out those conditions. The provisions read are the group of the Act's sections that includes these two.
Grade: Incomplete. Under the Treaty on Gibraltar and the European Union Act 2026 the Collector of Customs is the authority who refunds excise duty. Section 107(1) says the Collector (the Collector of Customs named in the Act) 'shall refund' the excise duty charged on a good upon its export to the EU where the exporter proves VAT and excise duty has been paid there, and section 108 says the Collector 'may refund' in cases of total destruction or irretrievable loss. The statement says the Collector 'has the power to refund'. That is right for section 108, but section 107 makes refund a duty when its conditions are met, and the statement leaves out those conditions. The provisions read are sections 98 to 111.
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 37 (Treaty Bill, second reading)
The words: "under Schedule 1, which basically lists the various pieces of primary legislation which are going to be amended as a result of the requirements set out in this Bill... where it says that the Government may, by regulations, amend this Act for any purpose referred to in subsections"
Checked against: "The Government may, by regulations, amend this Act for any of the purposes referred to in subsection (1)(a) or (b)(i) to (iii)." (Treaty on Gibraltar and the European Union Act 2026, Schedule 1, paragraph 16(1) (new section 78(2) of the Transport Act 1998))
Grade: Incomplete. Gibraltar's 2026 Act that brings the treaty into Gibraltar law says that a schedule to it amends and modifies named laws. One part of that schedule adds a new section to the Transport Act 1998, which says the Government may, by regulations, amend the Transport Act for any of the purposes it lists. Those purposes are: (a) any matter that arises from or is incidental to the Transport Act; and (b) carrying out an international agreement, convention or treaty, or a protocol, annex or amendment to one; an international obligation or standards concerned with them; or recommendations of international bodies involved in adopting, monitoring or promoting those obligations and standards. The provisions read are listed in the texts.
Grade: Incomplete. Section 16 of the Treaty on Gibraltar and the European Union Act 2026 says that Schedule 1 'makes amendments and modifications of specified enactments'. Paragraph 16(1) of Schedule 1 inserts a new section 78 into the Transport Act 1998, and section 78(2) says 'The Government may, by regulations, amend this Act for any of the purposes referred to in subsection (1)(a) or (b)(i) to (iii)'. The purposes it refers to are, in section 78(1), (a) any matter that arises from or is incidental to that Act, and (b) the implementation of an international agreement, convention or treaty, or a protocol, annex or amendment to one; of an international obligation or standards concerned with them; or of recommendations of international bodies involved in adopting, monitoring or promoting those obligations and standards. The provisions read are section 16 of the Act and Schedule 1, paragraph 16(1) (new section 78(1) to (3) of the Transport Act 1998).
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, page 33 (Treaty Bill, second reading)
The words: "Here, Madam Speaker, under those clauses, goods may be imported which do not comply with relevant rules of Union law governing production or placing on the market of those goods.... these sections mean that importation is limited to entities placed under the direct responsibility of the GHA, and that the sole end-users of the devices are entities under the direct responsibility of the GHA and professionals employed by the GHA."
Checked against: "the Government may allow the import into Gibraltar of medical devices, accessories for medical devices and in vitro diagnostic medical devices" (Treaty on Gibraltar and the European Union Act 2026, section 116(9)); "the sole end-users of the devices are entities under the direct responsibility of the GHA and professionals employed by the GHA;" (Treaty on Gibraltar and the European Union Act 2026, section 116(9)(c))
Grade: Incomplete. Gibraltar's 2026 Act that brings the treaty into Gibraltar law lets the Government, despite the general rule in the same section, allow the import of medical devices and their accessories that do not meet the EU rules for placing them on the market, provided conditions are met. Two of those conditions are the ones the Member names: the devices are obtained and imported by or for bodies under the direct responsibility of the Gibraltar Health Authority, and the only end users are such bodies and professionals employed by the Authority. What the statement leaves out is that the import is allowed only if the devices may lawfully be placed on the market in the UK, and that devices without a CE marking must carry a marking saying they are for Gibraltar (GHA) only. The Act also says the Government may allow import. The provisions read are listed in the texts.
Grade: Incomplete. Section 116(9) of the Treaty on Gibraltar and the European Union Act 2026 lets the Government, notwithstanding the general rule in subsection (2), allow the import of medical devices and their accessories that do not meet the EU placing-on-the-market rules, provided conditions are met. Two of those conditions are the ones the Member names: the devices are procured and imported by or for entities under the direct responsibility of the Gibraltar Health Authority (paragraph (b)), and the sole end-users are such entities and professionals employed by the Authority (paragraph (c)). What the statement leaves out is that the import is allowed only if the devices may lawfully be placed on the market in the UK (paragraph (a)) and that devices without a CE marking must carry a 'Gibraltar (GHA) only' marking (paragraph (d)). The section also says the Government 'may' allow import. The provisions read are section 116 and Article 256(5).
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.
Where: Gibraltar Parliament, Hansard, Monday 30 March 2026, morning session, pages 29, 30 (Treaty Bill, second reading)
The words: "There shall be charged on and issued out of the Consolidated Fund any amount required to meet any implementation purpose or obligation in respect of Gibraltar arising under the TGEU, identified for the purposes of this section by the Minister by notice in the Gazette.... defines 'Minister' meaning: (a) the Chief Minister; (b) the Minister for Economic Development, Enterprise, Telecommunications and the Savings Bank; or (c) both acting jointly."
Checked against: "There shall be charged on and issued out of the Consolidated Fund any amount required to meet any implementation purpose, or obligation in respect of Gibraltar arising under the TGEU, identified for the purposes of this section by the Minister by Notice in the Gazette." (Treaty on Gibraltar and the European Union Act 2026, section 20(3)); "'the Minister' means— (a) the Chief Minister, (b) the Minister for Economic Development, Enterprise, Telecommunications and the Gibraltar Savings Bank, or (c) both acting jointly." (Treaty on Gibraltar and the European Union Act 2026, section 20(2))
Grade: Verified. Gibraltar's 2026 Act that brings the treaty into Gibraltar law says that any amount needed to meet an implementation purpose, or an obligation for Gibraltar arising under the treaty, that the Minister identifies for this purpose by a notice in the Gazette, is charged on and paid out of the Consolidated Fund. The Act defines the Minister as the Chief Minister, the Minister for Economic Development, Enterprise, Telecommunications and the Gibraltar Savings Bank, or both acting jointly. The Member read the two provisions accurately; the Act's title for the second Minister includes the word Gibraltar before Savings Bank. The Act also lets the Minister prepare supplementary estimates and include heads of expenditure in a supplementary appropriation bill in line with the Constitution. The Member's questions about how those provisions fit together are not statements of fact and are not graded. The two sections of the Act concerned were read; no condition, exception or limit in them is left out of the statement.
Grade: Verified. Section 20(3) of the Treaty on Gibraltar and the European Union Act 2026 says 'There shall be charged on and issued out of the Consolidated Fund any amount required to meet any implementation purpose, or obligation in respect of Gibraltar arising under the TGEU, identified for the purposes of this section by the Minister by Notice in the Gazette', and section 20(2) defines 'the Minister' as the Chief Minister, the Minister for Economic Development, Enterprise, Telecommunications and the Gibraltar Savings Bank, or both acting jointly. The Member read the two provisions accurately; the Act's title for the second Minister includes 'Gibraltar' before 'Savings Bank'. Section 20(1) also lets 'the Minister' prepare supplementary estimates and include heads of expenditure in a supplementary appropriation bill 'in accordance with section 69 of the Constitution'. The Member's questions about how those provisions fit together are not statements of fact and are not graded. The provisions read are sections 7 and 20; no condition, exception or limit in them is left out of the statement.
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.
Where: Gibraltar Parliament, Hansard, Wednesday 1 July 2026, afternoon session, page 28 (Question 168/2026, Food Delivery Service, supplementary question; the Member states what the Treaty will mean at the frontier as part of the question)
The words: "given that the borders are no longer going to be there and Customs will only be available for the commercial side, so traffic flowing through the other will be able to come in freely"
Checked against: "The Parties shall ensure that persons may circulate between Gibraltar and the Member States applying the Schengen acquis in full without border checks being carried out" (Agreement, Article 30(1)); "may exceptionally reinstate border control between Gibraltar and the territory of the Member States applying the Schengen acquis in full for a limited period of up to 10 days" (Agreement, Article 30(2)); "controls and checks may be implemented by the competent authorities of the United Kingdom, in respect of Gibraltar, on those goods carried by travellers between the Union and Gibraltar at any moment and at any point on their respective customs territory, including the land border, when considered necessary." (Agreement, Annex 23, Article 22(3))
Grade: Incomplete. Part of this matches the text. The treaty says people may move between Gibraltar and the EU countries in the Schengen area without border checks. What the statement leaves out: (1) either side may bring back border control in exceptional cases, at first for up to 10 days and then for longer periods up to six months in all, where there is a serious threat to public policy, public health or internal security. (2) The Gibraltar authorities may check goods carried by travellers anywhere in their customs territory, including at the land border, when they consider it necessary. So customs checks are not limited to the commercial side. (3) The treaty removes physical barriers for goods moving by land, but this does not affect the formalities required or the checks and controls the two sides may carry out.
Grade: Incomplete. Part of this matches the text. Article 30(1) says persons may circulate between Gibraltar and the EU Schengen countries without border checks. What the statement leaves out: (1) Article 30(2) lets either side reinstate border control exceptionally, for up to 10 days at first, and for longer periods up to a maximum of six months, where there is a serious threat to public policy, public health or internal security. (2) Annex 23, Article 22(3) lets the Gibraltar authorities carry out controls and checks on goods carried by travellers 'at any point on their respective customs territory, including the land border, when considered necessary'. So customs checks are not limited to the commercial side. (3) Article 246(1) removes physical barriers for goods moving by land 'without prejudice to' formalities required and checks and controls that the Parties may carry out.
Where: Gibraltar Parliament, Hansard, Thursday 2 July 2026, afternoon session, page 31 (Question 279/2026, supplementary question; the Member describes a House of Commons Library paper)
The words: "House of Commons Library paper on the EU-UK agreement highlighting also that the time spent by non-EU, non-Schengen area citizens in Gibraltar will be calculated as part of the 90-day allowance"
Checked against: "entry conditions required by the competent authorities of the United Kingdom, in respect of Gibraltar, and the competent authorities of the Kingdom of Spain shall be cumulative. The United Kingdom, in respect of Gibraltar, undertakes to align entry conditions under the law of the United Kingdom, in respect of Gibraltar, to those applicable under Union law." (Agreement, Article 29(7)); "refuse entry to third-country nationals who do not fulfil the entry conditions laid down in Article 6(1) of the Schengen Borders Code, other than persons resident in Gibraltar" (Agreement, Article 33(4)(a)(ii))
Grade: Incomplete. The Member is describing what a House of Commons Library paper says, and uses it as a basis for a question. The treaty points the same way but does not say it in these words. The treaty makes the Gibraltar and Spanish entry conditions apply together and has the UK, for Gibraltar, align its conditions with EU law. It lets the Spanish authorities refuse entry to non-EU nationals who do not meet the entry conditions of the Schengen Borders Code. What is left out: the treaty does not itself say that days spent in Gibraltar count towards the 90-day allowance. The limit of 90 days in any 180 is set out in the Schengen Borders Code. Persons resident in Gibraltar are treated differently. The Library paper itself is not among the documents held.
Grade: Incomplete. The Member is describing what a House of Commons Library paper says, and uses it as a basis for a question. The UK-EU Agreement in respect of Gibraltar points the same way but does not say it in these words. Article 29(7) makes the Gibraltar and Spanish entry conditions cumulative and has the UK, for Gibraltar, align its conditions with EU law. Article 33(4)(a)(ii) lets the Spanish authorities refuse entry to third-country nationals who do not meet Article 6(1) of the Schengen Borders Code. What is left out: the treaty does not itself say that days spent in Gibraltar are counted towards the 90-day allowance. The 90-in-180-day limit is set out in the Schengen Borders Code, Article 6(1). Persons resident in Gibraltar are treated differently (Articles 33(4)(a)(ii) and 43). The Library paper itself is not among the documents held.
Where: Gibraltar Parliament, Hansard, Thursday 2 July 2026, afternoon session, page 34 (Questions 245, 246 and 247/2026, Data Centre, supplementary question; the Member states what the Treaty terms say as part of the question)
The words: "we will not be charging customers a transaction tax based on the production of our power locally"
Checked against: "liquefied natural gas imported and used for the production of electricity as well as electricity produced in Gibraltar shall be exempted from transaction tax and excise duty." (Agreement, Annex 24, Article 4(2)); "Liquefied Natural Gas imported and used for the production of electricity and electricity produced in Gibraltar are exempted from transaction tax." (Treaty on Gibraltar and the European Union Act 2026, section 101(3))
Grade: Under review. The treaty exempts electricity produced in Gibraltar from transaction tax and excise duty, and also exempts liquefied natural gas that is imported and used to produce electricity. Gibraltar's 2026 Act that brings the treaty into Gibraltar law repeats the transaction tax exemption. The treaty's exemption has no condition attached. The treaty's rule on this and the matching section of the Act were read in full. The Member's words are limited to power produced locally, which is what the exemption covers.
Grade: Under review. Annex 24, Article 4(2) exempts 'electricity produced in Gibraltar' from transaction tax and excise duty, and also exempts liquefied natural gas imported and used to produce electricity. Section 101(3) of the Treaty on Gibraltar and the European Union Act 2026 repeats the transaction tax exemption. The exemption in Article 4(2) has no condition attached. Annex 24, Article 4 and section 101 were read in full. The Member's words are limited to power produced locally, which is what the exemption covers.
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.
Where: Gibraltar Parliament, Hansard, Thursday 2 July 2026, afternoon session, pages 34 and 35 (Questions 245, 246 and 247/2026, Data Centre, supplementary question)
The words: "any... power brought in from abroad would be subject to the transaction tax"
Checked against: "The transaction tax, and excise duty, where applicable, shall be charged and collected by the competent authorities of the United Kingdom, in respect of Gibraltar" (Agreement, Annex 24, Article 1(1)); "liquefied natural gas imported and used for the production of electricity as well as electricity produced in Gibraltar shall be exempted from transaction tax and excise duty." (Agreement, Annex 24, Article 4(2))
Grade: Incomplete. The treaty charges the transaction tax on goods moved or imported into Gibraltar, and Gibraltar's 2026 Act that brings the treaty into Gibraltar law makes it subject to any exemptions or exclusions that apply. The statement (‘any... power’) leaves out those exemptions. The treaty exempts liquefied natural gas imported and used to produce electricity, and electricity produced in Gibraltar.
Grade: Incomplete. Annex 24, Article 1(1) charges the transaction tax on goods moved or imported into Gibraltar, and section 98(1) of the Treaty on Gibraltar and the European Union Act 2026 makes it 'subject to any applicable exemptions or exclusions'. The statement ('any... power') leaves out those exemptions. Annex 24, Article 4(2) exempts liquefied natural gas imported and used for electricity production, and electricity produced in Gibraltar. The provisions read are Annex 24, Article 1(1) and Article 4(2), and section 98(1) of the Act.
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.
What would settle it: Is electricity brought into Gibraltar from outside charged transaction tax, and if so under which provision of the treaty's annex on the transaction tax or which Gibraltar regulation or published guidance? (Question 2.109 in Questions about the treaty, Part 2.)
In press releases and the press
Where: Gibraltar Social Democrats (GSD) news page, statement 'People left to sort out GSLP Government lack of preparedness', 14 October 2026; the sentence is the party's own text, not a quotation of the Leader of the Opposition, who is quoted later in the statement on another point
Also reported: Not on the parliamentary record so far; published as a party statement. GBC reported the same line on 15 October 2026; its report is a second reference only.
The words: "Mobility across the Schengen area was the crucial benefit of this deal for Gibraltar residents. This was, however, made subject to a 90-day period in every 180 days."
Checked against: "Persons resident in Gibraltar may enter and stay, without a visa for a maximum period of 90 days in any 180-day period, in the territory of Member States applying the Schengen acquis in full." (Agreement in respect of Gibraltar, signed text (Miscellaneous No. 9 (2026), Volume I), Article 41(1), second subparagraph)
Grade: Verified. The treaty says that persons resident in Gibraltar may enter and stay in the Schengen States without a visa for a maximum of 90 days in any 180-day period. That is what the second sentence says. It leaves out the words 'without a visa', which do not change its meaning, because the limit in the treaty is on visa-free stay. The provision has no other condition or exception that the sentence leaves out. A separate rule lets each Schengen State require a visa from Gibraltar residents who travel to carry out paid work; the sentence does not say there is no such rule. The first sentence of the passage is an opinion, and the rest of the statement is opinion and a question; they are not graded. One of the treaty's provisions was read.
Grade: Verified. Article 41(1), second subparagraph, 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 (Miscellaneous No. 9 (2026)) provides that 'Persons resident in Gibraltar may enter and stay, without a visa for a maximum period of 90 days in any 180-day period, in the territory of Member States applying the Schengen acquis in full'. That is what the second sentence says: the stay of Gibraltar residents in the Schengen States is limited to 90 days in any 180. The sentence leaves out the words 'without a visa', which do not change its meaning, because the limit in the text is on visa-free stay. The second subparagraph has no other condition or exception that the sentence leaves out. Article 41(2) is a separate rule: each EU country may decide to impose a visa requirement on Gibraltar residents travelling to carry out a paid activity; the sentence does not say that there is no such rule. The first sentence of the passage ('Mobility across the Schengen area was the crucial benefit of this deal') is an opinion and is not graded. The rest of the statement is opinion about the Government's preparation and a question, and is not graded. The provision read is Article 41.
In the Gibraltar Parliament (Hansard)
Where: House of Lords, 3 March 2026, as read out in the Gibraltar Parliament on 4 March 2026 by the Minister for Health, Care and Business (Hon G Arias-Vasquez), morning session, page 30, and by the Chief Minister (Hon F R Picardo), afternoon session, page 27 (Hansard, debate on the motion asking the United Kingdom Government to enter into the UK-EU Treaty in respect of Gibraltar). The House of Lords record of 3 March 2026 is not held, so the words are as read out.
The words: "the United Kingdom will exercise its powers on termination or suspension of its obligations under the agreement only following full consultation... with the Government of Gibraltar, whose wishes and views we will follow."
Checked against: "will exercise its powers on the termination of the Agreement pursuant to Article 66 or Article 334 of the Agreement only following full consultation with the Government of Gibraltar." (Concordat, 'Termination and Suspension'); "will not, other than in the most exceptional circumstances, take the necessary steps with a view of terminating the Agreement unless termination is supported by:" (Concordat, 'Termination and Suspension'); "will only exercise its powers in relation to the suspension of obligations pursuant to Article 67 of the Agreement following full consultation with the Government of Gibraltar and will take its opinion duly into account." (Concordat, 'Termination and Suspension')
Grade: Shaded. Two Ministers of the Gibraltar Government read these words out on 4 March 2026 as the principle that applies; the Chief Minister called them "a very helpful way of putting it". The UK-Gibraltar Concordat does require full consultation with the Government of Gibraltar before the UK uses its powers under the treaty to end it or to suspend it. But the Concordat does not say the UK will "follow" Gibraltar's wishes on these. For ending the treaty it says the UK will not, other than in the most exceptional circumstances, take the necessary steps unless ending it is supported by a three-quarters majority motion of the Gibraltar Parliament or a simple majority in a referendum. For suspension it says the UK will take the Gibraltar Government's opinion duly into account, which is weaker than following it. The words are close to the Concordat but read firmer than it on suspension and leave out the exceptional-circumstances wording. The Concordat's wording on following Gibraltar's wishes and views appears only in its section on dispute settlement.
Grade: Shaded. Two Ministers of the Gibraltar Government read these words out on 4 March 2026 as the principle that applies; the Chief Minister called them 'a very helpful way of putting it'. The UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar does require full consultation with the Government of Gibraltar before the UK uses its termination powers (Articles 66 and 334) or its suspension power (Article 67). But the Concordat does not say the UK will 'follow' Gibraltar's wishes on these. For termination it says the UK will not, other than in the most exceptional circumstances, take the necessary steps unless termination is supported by a three-quarters majority motion of the Gibraltar Parliament or a simple majority in a referendum. For suspension it says the UK will 'take its opinion duly into account', which is weaker than following it. The words are close to the Concordat but read firmer than it on suspension and leave out the exceptional-circumstances wording. The 'follow its wishes and views' wording in the Concordat appears only in the section on dispute settlement.
In the House of Commons
Where: House of Commons, Hansard, 21 April 2026, vol 784, 'Gibraltar: UK-EU Treaty' (oral question 10) (the held copy has no page numbers) - answer to Peter Fortune
The words: "my understanding is that provisional application of the treaty will be possible from 15 July, which will secure the key benefits of the treaty for the people of Gibraltar, including the fluid border"
Checked against: "The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article, provided that prior to the date from which this Agreement is provisionally applied the Parties have notified each other of the fact 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 of this Agreement and in the Protocol on Social Security Coordination are in effect and have been fully implemented" - Agreement, Article 336(2); "the Chief Minister has appointed the 15th July 2026 as the day the remaining provisions of the Act, that have not yet come into operation, come into operation." - Notice of Commencement, LN.2026/148
Grade: Incomplete. The treaty allows it to be applied provisionally only if the two sides agree to do so and have first told each other that the plan for removing the physical barriers and the administrative arrangements it names are in effect and fully carried out, and that the treaty's measures on monitoring and tracking tobacco are in place. It also makes the treaty's parts on the border and on goods depend on those arrangements staying in force. The Minister's words are a statement of his understanding and are hedged ("will be possible"). They leave out those conditions. The date 15 July 2026 is not in the text of the treaty. It appears in a Legal Notice of 2026 that puts into force Gibraltar's 2026 Act that brings the treaty into Gibraltar law, and in the European Commission's press release of 14 July 2026. The Minister's later statement of 16 July 2026 (entry 416) records that provisional application began on 15 July.
Grade: Incomplete. The treaty allows it to be applied provisionally only if the two sides agree to do so and have first told each other that the plan for removing the physical barriers (Article 7) and the administrative arrangements it names are in effect and fully carried out, and that the treaty's measures on monitoring and tracking tobacco are in place. It also makes the treaty's parts on the border and on goods depend on those arrangements staying in force. The Minister's words are a statement of his understanding and are hedged ("will be possible"). They leave out those conditions. The date 15 July 2026 is not in the text of the treaty. It appears in a Legal Notice of 2026 that puts into force Gibraltar's 2026 Act that brings the treaty into Gibraltar law, and in the European Commission's press release of 14 July 2026. The Minister's later statement of 16 July 2026 (entry 416) records that provisional application began on 15 July.
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.
Grade: Incomplete. Article 336(2) allows provisional application only if the Parties agree it and have first notified each other that the implementation plan and the named administrative arrangements are in effect and fully implemented, and that the measures in Article 258 are in place. Article 336(5) makes the border and goods Titles depend on those arrangements staying in force. The Minister's words are a statement of his understanding and are hedged ("will be possible"). They leave out those conditions. The date 15 July 2026 is not in the text of the UK-EU Agreement in respect of Gibraltar. It appears in LN.2026/148 (the commencement notice for the Treaty on Gibraltar and the European Union Act 2026) and in the Commission's press release of 14 July 2026. The Minister's later statement of 16 July 2026 (entry 416) records that provisional application began on 15 July.
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.
Where: House of Commons, Hansard, 21 April 2026, vol 784, 'Gibraltar: UK-EU Treaty' (oral question 10) (the held copy has no page numbers) - answer to Peter Fortune
The words: "the treaty protects the operational autonomy of our military facilities, which will continue to operate unfettered, as they do today"
Checked against: "shall ensure that customs controls take place only at a designated customs post, during the fixed opening hours" - Agreement, Article 260(1); "The Kingdom of Spain shall impose an authorisation requirement on the transfers of these items." - Agreement, Article 261(1); "the United Kingdom shall provide the Liaison Officer of the Kingdom of Spain with a list of the items and a certificate signed by the United Kingdom Liaison Officer" - Agreement, Article 264(2)
Grade: Shaded. The treaty does not hand any command of the base to Spain, and the UK-Gibraltar Concordat keeps the UK responsible for military installations. The word "unfettered" and the words "as they do today" read as if nothing about the base's supply and movement changes. The text adds conditions. Customs controls on Ministry of Defence goods take place at a designated customs post during fixed hours. Common Military List items (the list of military equipment adopted by the Council of the European Union) and some firearms need Spanish authorisation unless the treaty's special procedure applies. Under that procedure the UK gives Spain's Liaison Officer a list and a certificate before items are transferred. The statement is accurate about who runs the base. It reads wider than the text on how goods reach it.
Grade: Shaded. The UK-EU Agreement in respect of Gibraltar does not hand any command of the base to Spain, and the UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar keeps the UK responsible for military installations. The word "unfettered" and the words "as they do today" read as if nothing about the base's supply and movement changes. The text adds conditions. Customs controls on Ministry of Defence goods take place at a designated customs post during fixed hours (Article 260(1)). Common Military List (the list of military equipment adopted by the Council of the European Union) items and some firearms need Spanish authorisation unless the special procedure of Article 264 applies (Articles 261 and 263). Under Article 264(2) the UK gives Spain's Liaison Officer a list and a certificate before items are transferred. The statement is accurate about who runs the base. It reads wider than the text on how goods reach it.
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - opening statement; the Minister says the same again in his reply to the shadow Minister ("the text has not substantively changed since then")
The words: "the signed treaty has not substantively changed from the draft treaty that I deposited in the Library of the House in February"
Checked against: "DRAFT – SUBJECT TO LEGAL REVIEW" - draft text, cover page; "may notify the Union in writing of its intention to cease to operate the relevant provisions of this Part in relation to that Member State" - draft text, Article 71(2); "may notify the Union in writing of its intention to cease to operate the relevant provisions of this Title in relation to that Member State" - signed Agreement, Article 71(2)
Grade: Incomplete. The Minister said 'not substantively changed'. He did not say 'not changed'. The two texts can be set side by side. The draft treaty is marked as a draft subject to legal review. Both texts number their main articles from 1 to 336 (counted from the article headings in each). They are not the same, though. The numbered annexes run from 1 to 43 in the draft and from 1 to 30 in the signed volumes (counted from the annex headings). Many articles are worded differently. In one article, for example, the draft refers to a part of the treaty where the signed text refers to a title. This entry does not decide whether any one change is substantive, because that needs a legal judgement on each change. What the statement leaves out is that the signed text was re-organised and re-worded after the draft. Graded Incomplete for that reason.
Grade: Incomplete. The Minister said "not substantively changed". He did not say "not changed". The two texts can be set side by side. The draft UK-EU Agreement in respect of Gibraltar is marked "DRAFT – SUBJECT TO LEGAL REVIEW". Both texts number their main Articles from 1 to 336 (counted from the Article headings in each). They are not the same, though. The numbered Annexes run from 1 to 43 in the draft and from 1 to 30 in the signed volumes (counted from the Annex headings). Many Articles are worded differently. Article 71(2) is one example: the draft says "this Part" and the signed text says "this Title". This entry does not decide whether any one change is "substantive", because that needs a legal judgement on each change. What the statement leaves out is that the signed text was re-organised and re-worded after the draft. Graded Incomplete for that reason.
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - opening statement
The words: "Customs and immigration checks will no longer take place at the border."
Checked against: "The Parties shall ensure that persons may circulate between Gibraltar and the Member States applying the Schengen acquis in full without border checks being carried out" - Agreement, Article 30(1); "may exceptionally reinstate border control between Gibraltar and the territory of the Member States applying the Schengen acquis in full for a limited period of up to 10 days" - Agreement, Article 30(2); "without prejudice to Article 252 or to formalities required and checks and controls that may be carried out by the Parties to ensure the correct application of this Title" - Agreement, Article 246(1); "controls and checks may be implemented by the competent authorities of the United Kingdom, in respect of Gibraltar, on those goods carried by travellers between the Union and Gibraltar at any moment and at any point on their respective customs territory, including the land border, when considered necessary" - Agreement, Annex 23, Article 22(3)
Grade: Incomplete. For people, the treaty matches: the EU and the UK must ensure people can move between Gibraltar and the Schengen countries without border checks. The treaty attaches an exception. Where there is a serious threat to public policy, public health or internal security, either side may exceptionally, and only as a last resort, bring border control back, within the scope and for the time strictly necessary. The first period is up to 10 days. It can be extended by 20 days and then by one-month periods up to a maximum of six months. For goods, the treaty removes physical barriers for goods moving by land, but without affecting the formalities, checks and controls the EU and the UK may carry out. The treaty also lets Gibraltar's authorities check goods carried by travellers at any point in Gibraltar's customs territory, including the land border, when they think it necessary. Until the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) takes a particular decision the treaty provides for and that decision enters into force, the treaty sets an interim phase in which goods, apart from travellers' personal luggage, EU goods brought in by sea and goods shipped by sea to countries outside the EU, enter and leave Gibraltar only by land, under the rules in several of its annexes. In that phase Gibraltar is treated as a third territory under EU customs, indirect taxation and trade-related law. The statement is true as to the routine checks on people. It leaves out three exceptions: the return of border control on a serious threat, the formalities, checks and controls kept for goods, and the checks on travellers' goods.
Grade: Incomplete. For people, Article 30(1) matches: the Parties must ensure people can move between Gibraltar and the Schengen States without border checks. Article 30(2) attaches an exception. Where there is a serious threat to public policy, public health or internal security, either side may exceptionally, and only as a last resort, bring border control back, within the scope and for the time strictly necessary. The first period is up to 10 days. It can be extended by 20 days and then by one-month periods up to a maximum of six months. For goods, Article 246(1) removes physical barriers for goods moving by land. It does so "without prejudice to" the formalities, checks and controls the Parties may carry out. Annex 23, Article 22(3) lets Gibraltar's authorities check goods carried by travellers at any point on their customs territory, including the land border, when they think it necessary. Until the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) takes the decision named in Article 247(1) and that decision enters into force, Article 247(3) and (5) set an interim phase in which goods, apart from travellers' personal luggage and the sea routes in Article 247(4), enter and leave Gibraltar only by land under Annexes 19, 21, 22 and 24. In that phase Gibraltar is treated as a third territory under EU customs, indirect taxation and trade-related law. The statement is true as to the routine checks on people. It leaves out the exceptions in Article 30(2), Article 246(1) and Annex 23, Article 22(3).
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - opening statement
The words: "everyone arriving into Gibraltar airport will undergo dual immigration checks: first, a check by the Gibraltarian authorities, who remain responsible for immigration and entry into Gibraltar; and then a check by Spanish officials to enable entry into the Schengen area."
Checked against: "Border checks on entry shall be carried out by the competent authorities of the United Kingdom, in respect of Gibraltar, and subsequently by the competent authorities of the Kingdom of Spain." - Agreement, Article 29(5); "entry conditions required by the competent authorities of the United Kingdom, in respect of Gibraltar, and the competent authorities of the Kingdom of Spain shall be cumulative" - Agreement, Article 29(7); "such persons shall be exempt from passport and visa regulations and the Schengen border checks in accordance with Article 33" - Agreement, Article 38(1)
Grade: Incomplete. The treaty matches the order of the two checks on entry: the UK's authorities for Gibraltar first, then Spain's. It applies the checks to all passengers entering Gibraltar from the port or airport. The statement leaves out four things the text attaches. (1) The treaty exempts members of non-resident UK forces and of visiting third-country forces from the Schengen border checks, on conditions, and sets the documents they need; it gives a similar exemption to the civilian component and household members. (2) It lets the authorities allow entry other than through the crossing points in the cases it lists. (3) It makes the entry conditions of Gibraltar and of Spain cumulative, so both apply, and the UK, for Gibraltar, undertakes to align the entry conditions in Gibraltar's law with those in EU law. So Gibraltar's responsibility for entry sits beside Spain's conditions. (4) If Gibraltar intends to refuse entry, Spain's authorities review the person in the second line checks area and may allow entry in the cases the treaty lists. The treaty also allows the port checks to be carried out at the airport.
Grade: Incomplete. Article 29(5) matches the order of the two checks on entry: the UK's authorities for Gibraltar first, then Spain's. Article 29(2) applies the checks to all passengers entering Gibraltar from the port or airport. The statement leaves out four things the text attaches. (1) Article 38(1) exempts members of non-resident UK forces and visiting third-country forces from the Schengen border checks, on conditions (Article 38(2) sets the documents). Article 38(4) gives a similar exemption to the civilian component and household members. (2) Article 29(9) lets the authorities allow entry other than through the crossing points in the cases it lists. (3) Article 29(7) makes the entry conditions of Gibraltar and of Spain "cumulative", and the UK, for Gibraltar, "undertakes to align entry conditions" under Gibraltar's law to those under EU law. So Gibraltar's responsibility for entry sits beside Spain's conditions. (4) Under Article 32(2) and (3), if Gibraltar intends to refuse entry, Spain's authorities review the person at the Second Line Checks Area and may allow entry in the cases the Article lists. Article 29(3) also allows port checks to be carried out at the airport.
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - opening statement
The words: "Gibraltar and the EU will form a bespoke customs model. Gibraltar will bring its standards and tariffs for goods in line with the EU’s where relevant."
Checked against: "A customs union between the Union and the United Kingdom, in respect of Gibraltar, is hereby established in accordance with the provisions set out under this Chapter." - Agreement, Article 240; "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" - Agreement, Article 247(1); "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." - Agreement, Article 247(5)
Grade: Incomplete. The treaty does set up a customs union between the EU and the UK, for Gibraltar, with Gibraltar a separate customs territory. One of its annexes lists EU law that Gibraltar must apply, including customs law (with some tariff exclusions) and product rules and standards. The statement leaves out the condition. That EU law applies only once the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) adopts a decision giving the date and declaring that border control posts and customs offices have been set up at the port and airport and are working and controlled as that decision sets out, and that the competent authorities within the EU have been designated. Until that decision enters into force, the treaty treats Gibraltar as a third territory under EU customs, indirect tax and trade law, and sets interim rules for goods. The word 'bespoke' does not appear in the treaty.
Grade: Incomplete. The UK-EU Agreement in respect of Gibraltar does set up a customs union between the EU and the UK, for Gibraltar (Article 240), with Gibraltar a separate customs territory (Article 241(b)). Annex 20 lists EU law that Gibraltar must apply, including customs legislation (with some tariff exclusions in paragraph 1(a)) and product rules and standards (paragraph 1(e)). The statement leaves out the condition. Under Article 247(1), that EU law applies only once the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) adopts a decision giving the date and declaring that border control posts and customs offices have been set up at the port and airport and are working and controlled as that decision sets out, and that the competent authorities within the EU have been designated. Until that decision enters into force, Article 247(5) treats Gibraltar as a third territory under EU customs, indirect tax and trade law, and Article 247(3) sets the interim rules for goods. The word "bespoke" does not appear in the treaty.
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - opening statement
The words: "it also enables commercial flights between Gibraltar and EU member states in the Schengen area, removing a block that has been in place for years."
Checked against: "Air transport services between Gibraltar airport and points in the Union territory may be provided only by air carriers of the Union or by air carriers authorised under Union law. These services shall be provided in accordance with Union law." - Agreement, Article 272(2)
Grade: Incomplete. The treaty provides for air services between Gibraltar airport and places in the EU's territory. The statement leaves out the conditions the treaty attaches. Only EU airlines, or airlines authorised under EU law, may provide them, and they must follow EU law. The treaty adds rules for the airport (for example on air traffic safety and interoperability). The treaty speaks of places in the EU's territory, not of the Schengen area as such. The claim that a "block" had been in place for years is about the past and is not tested here.
Grade: Incomplete. Article 272(2) provides for air transport services between Gibraltar airport and points in the EU territory. The statement leaves out the conditions in that Article. Only air carriers of the EU, or carriers authorised under EU law, may provide them, and they must follow EU law. Article 273 adds rules for the airport (for example on air traffic safety and interoperability). Article 272 speaks of "points in the Union territory", not of the Schengen area as such. The claim that a "block" had been in place for years is about the past and is not tested here.
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - opening statement
The words: "Spain will have no ability to restrict the movement of UK military personnel or goods into the base."
Checked against: "The Kingdom of Spain shall impose an authorisation requirement on the transfers of these items." - Agreement, Article 261(1); "may refuse to grant a transfer authorisation" - Agreement, Article 263(3); "shall be regulated exclusively by the special procedure of this Article, provided that such items: (a) arrive at or depart from Gibraltar airport or port aboard State aircraft or State vessels or in State consignments" - Agreement, Article 264(1)
Grade: Contradicted. The treaty says Spain must require an authorisation for transfers of items on the Common Military List and of Category A, B and C firearms when they are destined for the armed forces, the police or the public authorities of the UK in Gibraltar, and that Spain’s competent authority may refuse to grant a transfer authorisation. Items that meet both of two conditions (they arrive aboard State aircraft, State vessels or in State consignments, and they are destined only for the official use of the UK Ministry of Defence or of visiting third-country forces) fall under a separate procedure in the treaty instead. So for the transfers these rules cover, Spain has a power to restrict the movement of goods, which the statement says it will not have.
Grade: Contradicted. Article 261(1) says the Kingdom of Spain 'shall impose an authorisation requirement' on 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 UK in Gibraltar, and under Article 263(3) Spain's competent authority 'may refuse to grant a transfer authorisation'. Items that meet both conditions of Article 264(1) (arriving aboard State aircraft, State vessels or in State consignments, and destined exclusively for the official use of the Ministry of Defence of the UK or of visiting third-country forces) fall under the separate procedure of that Article instead. So for the transfers covered by Articles 261 and 263 Spain has a power to restrict the movement of goods, which the statement says it will not have. The provisions read are Articles 261(1), 263(3) and 264(1).
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - opening statement
The words: "All information sharing will be limited to the necessary details required to support the new border arrangements."
Checked against: "the United Kingdom shall make information available to the Kingdom of Spain necessary for the identification of such persons" - Agreement, Article 38(3); "The competent authorities within the Union shall have real time and continuous access to any relevant IT systems used by the competent authorities of the United Kingdom, in respect of Gibraltar, for the application of this Title." - Agreement, Article 251(2)
Grade: Shaded. In the Minister's speech this sentence comes in the passage on the military base. The treaty's rules for the base fit it. The treaty limits what the UK shares about forces personnel to what is needed to identify those persons. It says data collected are used only for border security. It asks for a list of items and a certificate. Read as a statement about all information sharing under the treaty, it is wider than the text supports. The treaty gives the competent authorities within the EU real-time and continuous access to any relevant IT systems used by Gibraltar's authorities to apply the treaty's customs rules. That is access to systems, not a limit to "necessary details". The words are accurate for the base provisions and are framed to read wider than the text. Graded on the weaker reading.
Grade: Shaded. In the Minister's speech this sentence comes in the passage on the military base. The base-specific provisions fit it. Article 38(3) limits what the UK shares about forces personnel to what is "necessary for the identification" of those persons. Article 38(2) says data collected are used "exclusively for border security". Article 264(2) asks for a list of items and a certificate. Read as a statement about all information sharing under the treaty, it is wider than the text supports. Article 251(2) gives the competent authorities within the EU "real time and continuous access to any relevant IT systems" used by Gibraltar's authorities for the application of the customs Title. That is access to systems, not a limit to "necessary details". The words are accurate for the base provisions and are framed to read wider than the text. Graded on the weaker reading.
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - opening statement; repeated in the replies to the shadow Minister, to Kevin McKenna and to Sir Julian Lewis ("it does not affect the operations of British Forces Gibraltar in any way"; "our ability to operate will not be affected in any way")
The words: "the treaty preserves the operational autonomy of our military base... The treaty fully protects our ability to operate to, through and from Gibraltar."... "it does not affect the operations of British Forces Gibraltar in any way"
Checked against: "shall ensure that customs controls take place only at a designated customs post, during the fixed opening hours" - Agreement, Article 260(1); "the United Kingdom shall provide the Liaison Officer of the Kingdom of Spain with a list of the items and a certificate signed by the United Kingdom Liaison Officer" - Agreement, Article 264(2); "Remain responsible for Gibraltar’s defence, airspace control and military installations" - Concordat, section 'Responsibilities'
Grade: Shaded. The UK-Gibraltar Concordat leaves the UK responsible for Gibraltar's defence, airspace control and military installations. The treaty does not give Spain command over the base. The words "in any way" and "fully" read as if the treaty puts no condition on how the base and its supplies operate. The text does attach conditions. Customs controls on goods for the Ministry of Defence take place only at a designated customs post during fixed opening hours. Items on the Common Military List (the list of military equipment adopted by the Council of the European Union) and some firearms need Spanish authorisation unless the treaty's special procedure applies. Under that procedure the UK gives Spain's Liaison Officer a list and a certificate before items are transferred. The treaty also sets documents and formalities for forces personnel. The statement is accurate that the base stays under UK responsibility. It reads wider than the text where it says the treaty does not touch the base's operations "in any way".
Grade: Shaded. The UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar leaves the UK responsible for Gibraltar's defence, airspace control and military installations. The treaty does not give Spain command over the base. The words "in any way" and "fully" read as if the treaty puts no condition on how the base and its supplies operate. The text does attach conditions. Customs controls on goods for the Ministry of Defence take place only at a designated customs post during fixed opening hours (Article 260(1)). Items on the Common Military List (the list of military equipment adopted by the Council of the European Union) and some firearms need Spanish authorisation unless the special procedure of Article 264 applies (Articles 261 and 263). Under Article 264(2) the UK gives Spain's Liaison Officer a list and a certificate before items are transferred. Article 38 sets documents and formalities for forces personnel. The statement is accurate that the base stays under UK responsibility. It reads wider than the text where it says the treaty does not touch the base's operations "in any way".
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - opening statement
The words: "Nothing in it affects UK sovereignty over Gibraltar, but to make that explicit, article 2 of the treaty clearly states that no part of the treaty can be used to challenge the UK position on sovereignty."
Checked against: "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction, and shall not constitute the basis for any assertion or denial of sovereignty, including in legal proceedings or otherwise" - Agreement, Article 2
Grade: Shaded. The treaty's sovereignty clause covers the treaty, supplementing agreements, administrative arrangements and any measures taken under them. It says they do not prejudice the legal positions on sovereignty and jurisdiction of both the UK and Spain. It also says they cannot be the basis for any assertion or denial of sovereignty. The statement names the UK as the holder. The clause protects the legal positions of both the UK and Spain in the same words and speaks of assertion or denial, not only of challenge; it does not say which state holds sovereignty, so the words read wider than the text. The first sentence says nothing in the treaty "affects UK sovereignty". The clause speaks of the legal positions on sovereignty and jurisdiction and says the treaty does not otherwise affect them. It does not describe sovereignty itself.
Grade: Shaded. Article 2 covers the UK-EU Agreement in respect of Gibraltar, supplementing agreements, administrative arrangements and any measures taken under them. It says they are without prejudice to the legal positions on sovereignty and jurisdiction of both the UK and Spain. It also says they cannot be the basis for "any assertion or denial of sovereignty". The statement names the UK as the holder. Article 2 protects the legal positions of both the UK and Spain in the same words and speaks of "assertion or denial", not only of challenge; it does not say which State holds sovereignty, so the words read wider than the text. The first sentence says nothing in the treaty "affects UK sovereignty". Article 2 speaks of the "legal positions" on sovereignty and jurisdiction and says the treaty "shall not otherwise affect" them. It does not describe sovereignty itself.
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - reply to Andrew Rosindell
The words: "if he had actually read the treaty, he would know that it says nothing about joint sovereignty."
Checked against: "shall not constitute the basis for any assertion or denial of sovereignty, including in legal proceedings or otherwise" - Agreement, Article 2; "This Part does not apply to any disputes with regard to sovereignty and jurisdiction." - Agreement, Article 301(6)
Grade: Under review. Both volumes of the treaty, the UK-Gibraltar Concordat on putting the treaty into effect and the declaration of the EU Council and the European Commission of 31 March 2026 were searched for the terms joint sovereignty, co-sovereignty, shared sovereignty and condominium. None appears. Every place where the word sovereignty appears was read. In the treaty there are three kinds: the sovereignty clause (without prejudice to either side's position); the footnote on the airport (the same wording for the territory on which the airport is located); and a clause that keeps sovereignty disputes outside the part on dispute settlement. There is also a clause in the customs protocol that lets either side refuse assistance likely to prejudice the sovereignty of the UK, for Gibraltar, or of an EU country. Each use is a protective or exclusion clause. None creates or describes shared sovereignty. No condition or exception is left out, because the claim is only that the text says nothing about joint sovereignty. The rest of the Minister's sentence (that sovereignty "was not on the table") is an account of the negotiation and is not graded.
Grade: Under review. The UK-EU Agreement in respect of Gibraltar (both volumes), the UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar and the Declaration of the Council and the Commission of 31 March 2026 were searched for "joint sovereignty", "co-sovereignty", "shared sovereignty" and "condominium". None appears. Every place where the word "sovereignty" appears was read. In the treaty there are three kinds: Article 2 (without prejudice to either side's position); the airport footnote to Article 271(d) (the same wording for the territory on which the airport is located); and Article 301(6), which keeps sovereignty disputes outside the dispute-settlement Part. There is also a clause in the customs Protocol (Article PCUST.11(1)(a)) that lets a Party refuse assistance likely to prejudice the sovereignty of the UK, for Gibraltar, or of an EU country. Each use is a protective or exclusion clause. None creates or describes shared sovereignty. No condition or exception is left out, because the claim is only that the text says nothing about joint sovereignty. The rest of the Minister's sentence (that sovereignty "was not on the table") is an account of the negotiation and is not graded.
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - reply to Dr Al Pinkerton
The words: "People do not have an automatic right to go and spend beyond that period in Gibraltar at the moment, and Gibraltar remains responsible for its own immigration processes."
Checked against: "may enter and stay in Gibraltar without a visa for a maximum period of 90 days in any 180-day period" - Agreement, Article 41(1); "shall exercise border control, comprising border checks and border surveillance, in accordance with the Gibraltar Immigration, Asylum and Refugee Act, as amended or replaced" - Agreement, Article 32(1); "undertakes to align entry conditions under the law of the United Kingdom, in respect of Gibraltar, to those applicable under Union law" - Agreement, Article 29(7)
Grade: Incomplete. The treaty gives visa-free entry and stay in Gibraltar for at most 90 days in any 180 days to EU citizens, their family members who are third-country nationals and hold a residence card, and third-country nationals legally living in Schengen countries. That supports the first half of the statement for those groups. That rule does not name British citizens as a group. Their position follows from Gibraltar's own law, which the treaty commits the UK, for Gibraltar, to align with the EU entry conditions. The treaty lets Gibraltar and each EU country require a visa for paid activity. It keeps border control with Gibraltar's authorities under Gibraltar law, which supports the second half. The statement leaves out that Gibraltar's entry conditions and Spain's apply together, one on top of the other, and that Spain reviews a refusal of entry. "At the moment" is not tied to a date in the text. The Minister also said in the same reply that "this is what Gibraltar agreed to in order for there to be fluid access". That is an account of the negotiation and is not graded.
Grade: Incomplete. Article 41(1) gives visa-free entry and stay in Gibraltar "for a maximum period of 90 days in any 180-day period" to EU citizens, their third-country family members who hold a residence card, and third-country nationals legally residing in Schengen States. That supports the first half of the statement for those groups. Article 41 does not name British citizens as a group. Their position follows from Gibraltar's own law, which Article 29(7) commits the UK, for Gibraltar, to align with EU entry conditions. Article 41(2) lets Gibraltar and each EU country require a visa for paid activity. Article 32(1) keeps border control with Gibraltar's authorities under Gibraltar law, which supports the second half. The statement leaves out that Gibraltar's entry conditions and Spain's are cumulative (Article 29(7)), and that Spain reviews a refusal of entry (Article 32(2) and (3)). "At the moment" is not tied to a date in the text. The Minister also said in the same reply that "this is what Gibraltar agreed to in order for there to be fluid access". That is an account of the negotiation and is not graded.
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - reply to Dr Al Pinkerton
The words: "Gibraltar residents are not prevented in any way from returning home to Gibraltar"
Checked against: "shall in any event not be prevented from crossing the border crossing points referred to in Article 29(1) of this Agreement for the purpose of entering Gibraltar" - Agreement, Article 43(2); "unless their names are on the national list of alerts of the Member State whose external borders they are seeking to cross and the alert is accompanied by instructions to refuse entry or transit" - Agreement, Article 44
Grade: Incomplete. The treaty says people resident in Gibraltar who do not meet the other Schengen entry conditions are in any event not to be prevented from crossing the crossing points to enter Gibraltar. It also lets them enter the EU countries in transit so they can reach Gibraltar. The statement leaves out the exception to that transit rule: it does not apply if the person's name is on that EU country's national list of alerts and the alert carries instructions to refuse entry or transit. It also leaves out that the first rule is about crossing the crossing points; the treaty keeps Gibraltar's own entry conditions.
Grade: Incomplete. Article 43(2) says persons resident in Gibraltar who do not meet the other Schengen entry conditions "shall in any event not be prevented from crossing" the crossing points to enter Gibraltar. Article 44 lets them enter the EU countries for transit so they can reach Gibraltar. The statement leaves out the exception in Article 44: it does not apply if the person's name is on that EU country's national list of alerts and the alert carries instructions to refuse entry or transit. It also leaves out that Article 43(2) is about crossing the crossing points; Article 29(7) keeps Gibraltar's own entry conditions.
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - reply to the shadow Minister (about the Concordat)
The words: "only in exceptional circumstances would there be any difference in our position and we would always be working alongside Gibraltar"
Checked against: "will not, other than in the most exceptional circumstances, adopt positions or make decisions in those bodies without the Gibraltar Government’s agreement" - Concordat, section 'Cooperation'; "The UK will, other than in the most exceptional circumstances, seek prior agreement of the Government of Gibraltar before taking any significant actions under the Agreement" - Concordat, section 'Significant Actions'; "Remain responsible for Gibraltar’s defence, airspace control and military installations" - Concordat, section 'Responsibilities'
Grade: Incomplete. The UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar uses the phrase "other than in the most exceptional circumstances" in four places: positions and decisions in the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) and the EU-UK treaty committees; prior agreement before significant actions under the treaty; following Gibraltar's wishes in dispute settlement; and steps towards terminating the treaty (which need a motion carried by at least three-quarters of the Gibraltar Parliament or a majority in a referendum). That supports the statement as far as it goes. The statement leaves out three things the text attaches. The commitments cover areas within the Gibraltar Government's responsibilities under the Gibraltar Constitution Order 2006. In the significant-actions clause the UK promises to "seek prior agreement", which is not the same as promising the same position. The UK stays responsible for Gibraltar's external relations, defence, airspace control and military installations. The Concordat does not define "most exceptional circumstances". The Minister's reference to his own letter and to "nothing about Gibraltar without Gibraltar" is not graded here.
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - opening statement
The words: "Signature of the text enabled provisional application of the treaty on 15 July."
Checked against: "The Parties may agree to provisionally apply this Agreement from a date prior to the day referred to in paragraph 1 of this Article, provided that prior to the date from which this Agreement is provisionally applied the Parties have notified each other of the fact 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 of this Agreement and in the Protocol on Social Security Coordination are in effect and have been fully implemented" - Agreement, Article 336(2)
Grade: Incomplete. The treaty lets the two sides agree to apply it provisionally before it enters into force. It attaches a condition. Before the date of provisional application the two sides must have told each other that the plan for removing the physical barriers and the administrative arrangements the treaty names are in effect and fully carried out, and that the treaty's measures on monitoring and tracking tobacco are in place. The treaty adds that its parts on border crossing, goods and other matters stop applying if those administrative arrangements are suspended or ended. The statement leaves out the agreement on a date and the notifications. The date 15 July 2026 appears in a Legal Notice of 2026 that puts into force Gibraltar's 2026 Act that brings the treaty into Gibraltar law, and in the European Commission's press release of 14 July 2026; neither is the treaty text.
Grade: Incomplete. Article 336(2) lets the Parties "agree to provisionally apply" the UK-EU Agreement in respect of Gibraltar before it enters into force. It attaches a condition. Before the date of provisional application the Parties must have notified each other that the implementation plan (Article 7) and the administrative arrangements named in Article 336(2) are in effect and fully implemented, and that the measures described in Article 258 are in place. Article 336(5) adds that the Titles on border crossing, goods and other matters stop applying if those administrative arrangements are suspended or terminated. The statement leaves out the agreement on a date and the notifications. The date 15 July 2026 appears in the Commencement Notice LN.2026/148 for the Gibraltar Act and in the European Commission's press release of 14 July 2026; neither is the treaty text.
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.
In the House of Lords committee
Where: United Kingdom Parliament, House of Lords, written question UIN 1928453 (Gibraltar: Immigration Controls), asked by Lord Empey on 15 July 2026, answered by Lord Wood of Anfield on 29 July 2026. Written answers have no page numbers.
The words: "UK citizens entering Gibraltar must have a passport issued within the previous 10 years and valid for at least 3 months after they depart either Gibraltar or the Schengen Area."
Checked against: "being in possession of a valid travel document that entitles the holder to cross the border and that satisfies the following criteria: (A) its validity extends at least three months after the intended date of departure; (B) it has been issued within the previous 10 years" (Agreement, Article 48(2)(b)(iii)); "entry conditions required by the competent authorities of the United Kingdom, in respect of Gibraltar, and the competent authorities of the Kingdom of Spain shall be cumulative" (Agreement, Article 29(7))
Grade: Under review. The treaty does set out the same two document rules (valid for three months after the intended date of departure, issued within the previous 10 years), but only in one place. There they appear in a list of entry conditions that a person asking for an exceptional border visa may fail to meet. They are not set out there as a rule for UK citizens in general. The treaty says the entry conditions required by the competent authorities of the UK, for Gibraltar, and by Spain's competent authorities both apply, one on top of the other, and that the UK, for Gibraltar, undertakes to align its entry conditions with those under EU law. Two other clauses of the treaty refer to the entry conditions in the EU's Schengen Borders Code. That Code is not among the documents held, so the rule for UK citizens cannot be read from it here. The treaty also does not say that the three months run from leaving "either Gibraltar or the Schengen Area"; it speaks only of the intended date of departure and does not say from where. The held treaty and its annexes contain no other provision on passport validity for these travellers.
Grade: Under review. The UK-EU Agreement in respect of Gibraltar does set out the same two document criteria (valid for three months after the intended date of departure, issued within the previous 10 years), but only in Article 48(2)(b)(iii). There they appear in a list of entry conditions that a person asking for an exceptional border visa may fail to meet. They are not set out there as a rule for UK citizens in general. Article 29(7) says the entry conditions required by the competent authorities of the UK, for Gibraltar, and by the competent authorities of the Kingdom of Spain are cumulative, and that the UK, for Gibraltar, undertakes to align its entry conditions with those under EU law. Article 33(4)(a)(ii) and Article 43 refer to the entry conditions in Article 6(1) of the Schengen Borders Code. That Code is not among the documents held, so the rule for UK citizens cannot be read from it here. The treaty also does not say that the three months run from leaving "either Gibraltar or the Schengen Area"; Article 48(2)(b)(iii) says "the intended date of departure" and does not say from where. The held Agreement and its Annexes contain no other provision on passport validity for these travellers.
What would settle it: What entry conditions apply to a British visitor to Gibraltar before and after the treaty began to apply (passport validity and age, and where the three months are counted from), and does the time count towards the 90 in 180 limit? (Question 2.108 in Questions about the treaty, Part 2.)
Where: House of Lords European Affairs Committee, oral evidence on the UK-EU Gibraltar agreement, 15 September 2026, answer following question 4 (to Lord Moynihan of Chelsea), corrected transcript
The words: "Not goods, because they are in a customs union with the EU."
Checked against: "A customs union between the Union and the United Kingdom, in respect of Gibraltar, is hereby established in accordance with the provisions set out under this Chapter." (Agreement, Article 240); "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" (Agreement, Article 247(1)); "the implementation of commercial policy measures" and "Union acts governing trade statistics, general trade related aspects, trade defence instruments and bilateral safeguards" (Annex 20, paragraph 1(b) and (g))
Grade: Incomplete. The treaty sets up a customs union between the EU and the UK, for Gibraltar. One of its annexes lists EU acts on carrying out commercial policy measures and on trade defence instruments and bilateral safeguards, which show that the customs union carries EU trade measures with it. That supports the statement as far as it goes. It leaves out that the EU law in that annex applies only from the date the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) sets in a decision, once border control posts and customs offices are set up in the port and airport and are working and controlled as that decision sets out, and competent authorities within the EU have been named; until that decision enters into force, interim rules apply. The text does not name the Trans-Pacific trade partnership (CPTPP).
Grade: Incomplete. Article 240 establishes a customs union between the EU and the UK, for Gibraltar. Annex 20 lists EU acts on "the implementation of commercial policy measures" and on "trade defence instruments and bilateral safeguards", which show that the customs union carries EU trade measures with it. That supports the statement as far as it goes. It leaves out that, under Article 247(1), the provisions of EU law in Annex 20 apply only from the date the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) specifies in a decision, once border control posts and customs offices are established in the port and airport, operate and are controlled as that decision sets out, and competent authorities within the EU have been designated; until that decision enters into force, the interim rules in Article 247(3) apply. The text does not mention the Trans-Pacific partnership (CPTPP (the Comprehensive and Progressive Agreement for Trans-Pacific Partnership)) by name.
Where: House of Lords European Affairs Committee, oral evidence on the UK-EU Gibraltar agreement, 15 September 2026, question 12 (to the Chair), corrected transcript
The words: "it is in a specific process in a review, on the mobility provisions of the treaty, which happens at the end of four years"
Checked against: "The Specialised Committee on the Circulation of Persons shall complete an evaluation of the implementation of this Part, including the administrative arrangements referred to in Article 33(6), at the latest 4 years after this Part comes into force." (Agreement, Article 65); "Following completion of the evaluation referred to in Article 65 and without prejudice to Article 334, the Union, including at the request of the Kingdom of Spain, and the United Kingdom may terminate this Agreement by written notification through diplomatic channels." (Agreement, Article 66(1)); "Where the Kingdom of Spain has requested the Union to terminate this Agreement, in accordance with paragraph 1, the Union shall take the necessary steps in accordance with its internal procedures, with a view to terminating this Agreement." (Agreement, Article 66(2))
Grade: Incomplete. The treaty does tie the route that mentions Spain's request to the evaluation of its part on the movement of people. That matches the statement as far as it goes. It leaves out three things. First, the treaty says the evaluation is to be completed at the latest 4 years after that part comes into force, so it can be completed sooner, and the route opens once the evaluation is completed, not at a fixed date. Second, that route does not affect the separate power under which either side, including the EU, may end the treaty by written notice, taking effect on the first day of the twelfth month after the notice; the text of that power does not mention a request by Spain. Third, the route after the evaluation names the UK as well as the EU as able to end the treaty. The statement that the Spanish route is open only after the review, not at any time, is borne out for the route after the evaluation but not for the separate power to end the treaty on notice.
Grade: Incomplete. Article 66 does tie the route that mentions Spain's request to the evaluation of Part Two (the circulation of persons) in Article 65. That matches the statement as far as it goes. It leaves out three things. First, Article 65 says the evaluation is to be completed "at the latest 4 years after this Part comes into force", so it can be completed sooner, and Article 66 opens "Following completion" of it, not at a fixed date. Second, Article 66(1) is "without prejudice to Article 334", under which either Party, including the EU, may terminate by written notification, with the treaty ceasing to be in force on the first day of the twelfth month following the date of notification; the text of Article 334 does not mention a request by Spain. Third, Article 66 names the UK as well as the EU as able to terminate after the evaluation. The statement that the Spanish route is open only after the review, not at any time, is borne out for Article 66 but not for Article 334.
Where: House of Lords European Affairs Committee, oral evidence on the UK-EU Gibraltar agreement, 15 September 2026, question 9 (to Lord Jackson of Peterborough), corrected transcript
The words: "Sovereignty has not been diminished by this treaty.... Article 2 is reassurance.... It is a choice that Gibraltar has made."
Checked against: "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction" (Agreement, Article 2); "this Agreement shall be considered terminated unless the Cooperation Council, after a careful examination of ways to continue the Agreement, decides otherwise within 90 days" (Agreement, Article 19(5))
Grade: Shaded. The treaty says that it, the arrangements and everything done under them do not prejudice and do not otherwise affect the legal positions of the UK and Spain on sovereignty and jurisdiction. The words "Sovereignty has not been diminished" are wider than that. The text speaks only of legal positions, and the treaty adds that no ruling in the settlement of a dispute under it may have any effect on those positions. It does not address what Gibraltar can do in practice, which is what the Member's question about powers and alignment raised. On "a choice that Gibraltar has made": the treaty requires the UK, for Gibraltar, to have the same provisions as the listed EU acts in its own law, and it deals with later EU acts. If the UK, for Gibraltar, does not accept a later act, the treaty is treated as ended unless the Cooperation Council decides otherwise within 90 days. So the alignment was agreed, and the text also sets what follows if a later act is not accepted.
Grade: Shaded. Article 2 says that the UK-EU Agreement in respect of Gibraltar, the arrangements and everything done under them are without prejudice to, and do not otherwise affect, the legal positions of the UK and Spain on sovereignty and jurisdiction. The words "Sovereignty has not been diminished" are wider than that. The text speaks only of legal positions, and Article 301(6) adds that no dispute-settlement ruling may have any effect on those positions. It does not address what Gibraltar can do in practice, which is what the Member's question about powers and alignment raised. On "a choice that Gibraltar has made": Article 19(1) requires the UK, for Gibraltar, to have the same provisions as the listed EU acts in domestic law, and Article 19(3) to (5) deal with later EU acts. If the UK, for Gibraltar, does not accept a later act, "this Agreement shall be considered terminated unless the Cooperation Council... decides otherwise within 90 days". So the alignment was agreed, and the text also sets what follows if a later act is not accepted.
Where: House of Lords European Affairs Committee, oral evidence on the UK-EU Gibraltar agreement, 15 September 2026, question 9 (to Lord Jackson of Peterborough), corrected transcript
The words: "the majority of them are not about EU law... roughly eight of those annexes contain references to EU law"
Checked against: "LIST OF UNION LAW" (Agreement, Annex 3); "LIST OF UNION ACTS IN THE AREA OF ANTI-MONEY LAUNDERING" (Annex 17); "Article 19 of this Agreement shall apply to the Union acts listed in this Annex," (Annex 18); "PROVISIONS OF UNION LAW" (Annex 20); "List of Union law referred to in Article 273 of the Agreement:" (Annex 25)
Grade: Shaded. The signed treaty has 30 annexes. Reading each annex, at least ten name EU acts (for example, one is a list of EU law, one a list of EU acts on anti-money laundering, and one sets out provisions of EU law). The other twenty or so include lists of treaties, lists of offences, forms and rules of procedure. So "the majority" not being about EU law is borne out. "Roughly eight" is below the count in the text, and the number depends on what counts as a "reference" to EU law, which the speaker did not say. One annex also applies EU customs law as defined in the Union Customs Code. The words are therefore accurate on the majority and give a lower count than the text shows for the annexes that name EU acts. (Other provisions in the main text of the treaty also bring in EU acts; the statement is about annexes only.)
Grade: Shaded. The signed UK-EU Agreement in respect of Gibraltar has 30 Annexes (numbered 1 to 30). Reading each Annex, at least ten name EU acts: Annexes 3, 9, 17, 18, 19, 20, 21, 23, 24 and 25 (for example Annex 3 is headed "LIST OF UNION LAW", Annex 17 "LIST OF UNION ACTS IN THE AREA OF ANTI-MONEY LAUNDERING", Annex 20 "PROVISIONS OF UNION LAW"). The other twenty or so include lists of treaties, lists of offences, forms and rules of procedure. So "the majority" not being about EU law is borne out. "Roughly eight" is below the count in the text, and the number depends on what counts as a "reference" to EU law, which the speaker did not say. Annex 20 also applies EU customs legislation as defined in the Union Customs Code. The words are therefore accurate on the majority and give a lower count than the text shows for the annexes that name EU acts. (Article 19 and other Articles of the main text also bring in EU acts; the statement is about annexes only.)
Where: House of Lords European Affairs Committee, oral evidence on the UK-EU Gibraltar agreement, 15 September 2026, question 9 (to Lord Jackson of Peterborough), corrected transcript
The words: "it is also not true that there are 43 annexes about EU law"
Checked against: "ANNEX 30... CODE OF CONDUCT FOR ARBITRATORS" (Agreement, last numbered Annex); "ANNEX 43... UNITED KINGDOM DECLARATION" (draft agreement, last numbered Annex, for comparison only)
Grade: Under review. The signed treaty ends at its 30th annex; there are no annexes numbered 31 to 43. The text of the draft of February 2026 had 43 annexes, which is the figure the question used. The signed text has only 30 annexes in all, so there cannot be 43 annexes about EU law (entry 421 counts those that name EU acts). The annexes were counted by their numbers in the signed text and each heading was read; the statement is a negative one about a number, and nothing in the signed text attaches a condition or exception to it. The speaker's added words, "it is Gibraltar opting into certain limited provisions", are an opinion on how much EU law applies and are not graded. What was read is the contents list and the headings of the signed treaty and its protocols; no condition, exception or limit in them is left out of the statement.
Grade: Under review. The signed UK-EU Agreement in respect of Gibraltar ends at Annex 30; there is no Annex 31 to 43. The text of the draft of February 2026 had 43 annexes, which is the figure the question used. The signed text has only 30 annexes in all, so there cannot be 43 annexes about EU law (entry 421 counts those that name EU acts). The annexes were counted by their numbers in the signed text and each heading was read; the statement is a negative one about a number, and nothing in the signed text attaches a condition or exception to it. The speaker's added words, "it is Gibraltar opting into certain limited provisions", are an opinion on how much EU law applies and are not graded. The provisions read are the contents list and headings of the signed Agreement and its Protocol annexes; no condition, exception or limit in them is left out of the statement.
Where: House of Lords European Affairs Committee, oral evidence on the UK-EU Gibraltar agreement, 15 September 2026, question 9 (to Lord Jackson of Peterborough), corrected transcript
The words: "it avoids them having to incorporate extensive, lengthy and frankly irrelevant EU law into their own domestic legislation"
Checked against: "shall have in place in its domestic law, and effectively apply, the same provisions as those contained" (Agreement, Article 19(1)); "have force of law in domestic law in accordance with Article 19" (Treaty on Gibraltar and the European Union Act 2026, section 11(1)); "make provision of any kind that could be made by Act of Parliament" (Act, section 13(2)(a)); "Subsidiary Legislation made under s.13." (Euro 7 (Vehicle Emissions and Battery Durability) Regulations 2026, LN.2026/174)
Grade: Shaded. The treaty does not bring in all EU law. It requires the UK, for Gibraltar, to have in its own law, and apply, the same provisions as the EU acts listed in those parts and annexes of the treaty to which this rule applies, and later acts it accepts. So the model is narrower than full membership. But the words "avoids them having to incorporate... EU law into their own domestic legislation" can be read to mean that no EU law is incorporated. The text requires the listed acts to be in Gibraltar's own law. Gibraltar's 2026 Act that brings the treaty into Gibraltar law gives them force of law in line with the treaty, and lets the Government make Implementation Regulations, which can make any kind of provision an Act could make. Regulations made under that power, such as the 2026 regulations on Euro 7 vehicle emissions, are examples. Whether the EU law concerned is "extensive, lengthy and frankly irrelevant" is a judgement and is not graded.
Grade: Shaded. Article 19(1) does not bring in all EU law. It requires the UK, for Gibraltar, to have in its domestic law, and apply, the same provisions as the EU acts listed in those provisions and Annexes of the UK-EU Agreement in respect of Gibraltar to which Article 19 applies, and, under Article 19(2) to (4), later acts it accepts. So the model is narrower than full membership. But the words "avoids them having to incorporate... EU law into their own domestic legislation" can be read to mean that no EU law is incorporated. The text requires the listed acts to be in Gibraltar's domestic law. Section 11(1) of the Treaty on Gibraltar and the European Union Act 2026 gives them force of law in accordance with Article 19, and section 13 lets the Government make Implementation Regulations, which can make provision of any kind an Act could make. Regulations made under section 13, such as LN.2026/174 on Euro 7 vehicle emissions, are examples. Whether the EU law concerned is "extensive, lengthy and frankly irrelevant" is a judgement and is not graded.
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.
Where: House of Lords European Affairs Committee, oral evidence on the UK-EU Gibraltar agreement, 15 September 2026, question 6 (to the Duke of Wellington), corrected transcript
The words: "There is no Spanish role in approving, authorising or controlling UK military operations, UK personnel deployments or military movements"
Checked against: "such persons shall be exempt from passport and visa regulations and the Schengen border checks in accordance with Article 33" (Agreement, Article 38(1)); "The identification of such persons upon arrival or departure shall be performed by the Liaison Officers designated in accordance with an administrative arrangement between the United Kingdom and the Kingdom of Spain." (Agreement, Article 38(3)); "The Kingdom of Spain shall impose an authorisation requirement on the transfers of these items." (Agreement, Article 261(1)); "Transfer authorisations under this Chapter shall be granted by the competent authority of the Kingdom of Spain" (Agreement, Article 263(1)); "The liaison officers will act in a non-executive capacity" (Administrative Arrangement on the mobility of certain categories of persons and goods, paragraph 2.3)
Grade: Incomplete. On operations and deployments, the texts read (the treaty's rules on UK forces not resident in Gibraltar and on military goods, and the administrative arrangement on mobility) give Spain no power to approve or direct a UK military operation or deployment. The treaty exempts members of UK forces not resident in Gibraltar from Schengen border checks, on conditions, and under the arrangement the liaison officers act only in a non-executive role. That matches the statement as far as it goes. It leaves out three things the text attaches. Transfers of items on the Common Military List (the list of military equipment adopted by the Council of the European Union), and of certain firearms, going to the UK's armed forces in Gibraltar need a Spanish authorisation, and Spain's competent authority grants it, may refuse it, and may annul or revoke it. A separate special procedure applies to goods arriving aboard State aircraft or State vessels or in State consignments for the sole use of the Ministry of Defence, under which the UK gives Spain's Liaison Officer a list of the items and a signed certificate. And the liaison officers designated under an administrative arrangement between the UK and Spain identify the non-resident UK Forces, the holders of certain residence permits under the treaty, visiting forces of other countries and the civilian component arriving or leaving aboard State aircraft or State vessels. Whether these checks and authorisations are a "role in... controlling... military movements" depends on what the speaker meant by "movements"; for goods, the text speaks of transfers.
Grade: Incomplete. On operations and deployments, the provisions read (Article 38 on non-resident United Kingdom Forces, Articles 260 to 264 on military goods, and Arrangement on mobility) give Spain no power to approve or direct a UK military operation or deployment. Article 38(1) exempts members of non-resident United Kingdom Forces from Schengen border checks on conditions, and under paragraph 2.3 of the Arrangement the liaison officers act "in a non-executive capacity". That matches the statement as far as it goes. It leaves out three things the text attaches. Under Articles 261 to 263, transfers of items on the Common Military List (the list of military equipment adopted by the Council of the European Union), and of certain firearms, destined for the UK's armed forces in Gibraltar are subject to a Spanish authorisation requirement, and Spain's competent authority grants, may refuse, and may annul or revoke the authorisation (Article 263(3)). Article 264 applies a separate "special procedure" to goods arriving aboard State aircraft or State vessels or in State consignments for exclusive use of the Ministry of Defence, under which the UK gives Spain's Liaison Officer a list of the items and a signed certificate (Article 264(2)). Under Article 38(3) and Arrangement paragraph 2.6, the liaison officers identify these persons (non-resident UK Forces, holders of residence permits under Articles 50(13) and 51(12), visiting forces of other countries and the civilian component arriving or leaving aboard State aircraft or State vessels) when they arrive or leave. Whether these checks and authorisations are a "role in... controlling... military movements" depends on what the speaker meant by "movements"; the text uses the word "transfers" for goods.
Where: House of Lords European Affairs Committee, oral evidence on the UK-EU Gibraltar agreement, 15 September 2026, question 10 (to Lord Elliott of Mickle Fell), corrected transcript
The words: "the UK contribution to the mechanism will come from Gibraltar and will not be met from UK taxpayer funding... There are no specific timelines for establishing that yet"
Checked against: "The Cooperation Council shall establish a financial mechanism to promote cohesion between Gibraltar and the contiguous frontier zone" (Agreement, Article 299(1)); "Both Parties should provide funding for the mechanism referred to in paragraph 1." (Agreement, Article 299(2)); "These responsibilities include legislating for, giving effect to, operationalising and any associated costs of the following pursuant to the terms of the Agreement" followed by "Financial mechanism" (Concordat, section "Responsibilities"); "A UK-Gibraltar Joint Implementation Committee will be established to monitor progress on implementation, resolve operational issues and review cost-sharing arrangements annually." (Concordat, section "Governance")
Grade: Incomplete. The treaty says the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) must set up the mechanism and that both sides should provide funding; it sets no amount, ratio or date, which matches "no specific timelines". The UK-Gibraltar Concordat on putting the treaty into effect lists the financial mechanism among the matters the Government of Gibraltar is responsible for, including any costs that go with it, so the statement that the UK's contribution comes from Gibraltar is consistent with it. It leaves out that the Concordat does not mention taxpayer funding or an amount, that the treaty says only that both sides should provide funding, which is weaker than the firm duty it puts on the Cooperation Council to set the mechanism up, and that the Concordat provides for a UK-Gibraltar Joint Implementation Committee to review how costs are shared every year, so the split is to be reviewed each year. The Concordat is a political document between the two Governments (see the entries on its status).
Grade: Incomplete. Article 299 says the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) "shall establish" the mechanism and both Parties "should provide funding"; it sets no amount, ratio or date, which matches "no specific timelines". The UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar lists the "Financial mechanism" among the matters for which the Government of Gibraltar is responsible, including "any associated costs", so the statement that the UK's contribution comes from Gibraltar is consistent with it. It leaves out that the Concordat does not mention taxpayer funding or an amount, that Article 299 says "should", not "shall", and that the Concordat provides for a UK-Gibraltar Joint Implementation Committee to "review cost-sharing arrangements annually", so the allocation is to be reviewed each year. The Concordat is a political document between the two Governments (see the entries on its status).
Where: House of Lords European Affairs Committee, oral evidence on the UK-EU Gibraltar agreement, 15 September 2026, question 11 (to the Chair), corrected transcript
The words: "As I understand it, it does not have any legal standing."
Checked against: "the Concordat reflects the political understanding reached between our Governments on the practical arrangements that underpin that relationship" (Minister of State for Europe, letter to the Chief Minister, 13 July 2026); "These arrangements concern the obligations and commitments of the United Kingdom of Great Britain and Northern Ireland in the agreement in respect of Gibraltar" (Concordat, opening paragraph)
Grade: Under review. The UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar is signed by the Minister of State and the Chief Minister, not by the EU, and the Minister's letter of 13 July 2026 calls it a "political understanding". Neither the Concordat, the treaty nor Gibraltar's 2026 Act that brings the treaty into Gibraltar law says whether the Concordat can be enforced in a court or by one Government against the other. The Concordat uses commitments in the future tense ("will") but does not state its own legal effect. So no held text settles whether it "does not have any legal standing". The speaker gave this as his understanding ("As I understand it").
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.
What would settle it: Does any law, or any statement by the two signatory Governments, say whether the Concordat can be enforced by a court or by either Government against the other? (Question 2.110 in Questions about the treaty, Part 2.)
In the House of Commons
Where: House of Commons, Hansard, 21 April 2026, vol 784, 'Gibraltar: UK-EU Treaty' (oral question 10) (the held copy has no page numbers) - supplementary question
The words: "the decision to allow the Spanish authorities to monitor equipment going to the British military"
Checked against: "the United Kingdom shall provide the Liaison Officer of the Kingdom of Spain with a list of the items and a certificate signed by the United Kingdom Liaison Officer" - Agreement, Article 264(2); "The competent authorities within the Union shall verify compliance with this Title and carry out any necessary tasks, having, inter alia, access to the relevant infrastructures, documentation and records and any other relevant information." - Agreement, Article 265(1)
Grade: Incomplete. The question states as fact that the treaty lets Spanish authorities monitor equipment going to the British military. The treaty requires the UK to give Spain's Liaison Officer a list of the items and a certificate before items arriving or departing by State aircraft, State vessel or State consignment, and destined exclusively for the official use of the UK Ministry of Defence or of visiting third-country forces, are transferred. It lets the competent authorities within the EU check compliance with these rules, with access to infrastructure, documents and records. That supports 'monitor' in part. It leaves out three things. For military items outside that route, Spain has a power to authorise, not only to monitor. The treaty speaks of verifying compliance and of authorisation, not of monitoring. The treaty says UK authorities are told in advance of the reasons for a visit so that it can be carried out jointly.
Grade: Incomplete. The question states as fact that the treaty lets Spanish authorities monitor equipment going to the British military. Article 264(2) requires the UK to give Spain's Liaison Officer a list of the items and a certificate before items arriving or departing by State aircraft, State vessel or State consignment, and destined exclusively for the official use of the UK Ministry of Defence or of visiting third-country forces, are transferred. Article 265(1) lets the competent authorities within the EU verify compliance with the Title, with access to infrastructure, documents and records. That supports "monitor" in part. It leaves out three things. For military items outside the Article 264 route, Spain has a power of authorisation, not only monitoring (Articles 261 and 263). The UK-EU Agreement in respect of Gibraltar uses the words "verify compliance" and "authorisation", not "monitor". Article 265(2) says UK authorities are told in advance of the reasons for a visit so that it can be carried out jointly.
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - question to the Minister
The words: "British citizens will no longer have the same right of access to Gibraltar that we have today."
Checked against: "All passengers entering Gibraltar from Gibraltar port or airport shall be subject to border checks at the border crossing points referred to in paragraph 1." - Agreement, Article 29(2); "entry conditions required by the competent authorities of the United Kingdom, in respect of Gibraltar, and the competent authorities of the Kingdom of Spain shall be cumulative" - Agreement, Article 29(7)
Grade: Under review. The treaty adds a second layer. All passengers entering by port or airport face border checks, carried out first by the UK's authorities for Gibraltar and then by Spain's. Gibraltar's entry conditions and Spain's both apply, one on top of the other. Whether this changes a British citizen's "right of access" compared with "today" depends on two things the treaty text does not set out. One is Gibraltar's present entry law (the Gibraltar Immigration, Asylum and Refugee Act, which the treaty keeps as the basis for Gibraltar's own control). The other is how the Schengen entry conditions in the EU's Schengen Borders Code, which the treaty points to, apply to a British citizen. The treaty's clause on visa-free stay names EU citizens and some others, not British citizens.
Grade: Under review. The UK-EU Agreement in respect of Gibraltar adds a second layer. All passengers entering by port or airport face border checks (Article 29(2)), carried out first by the UK's authorities for Gibraltar and then by Spain's (Article 29(5)). Gibraltar's entry conditions and Spain's are "cumulative" (Article 29(7)). Whether this changes a British citizen's "right of access" compared with "today" depends on two things the treaty text does not set out. One is Gibraltar's present entry law (the Gibraltar Immigration, Asylum and Refugee Act, which Article 32(1) keeps as the basis for Gibraltar's own control). The other is how the Schengen entry conditions in Article 6 of the Schengen Borders Code, which Article 29(7) points to, apply to a British citizen. Article 41 names visa-free stay for EU citizens and some others, not British citizens.
What would settle it: What entry conditions apply to a British visitor to Gibraltar before and after the treaty began to apply (passport validity and age, and where the three months are counted from), and does the time count towards the 90 in 180 limit? (Question 2.108 in Questions about the treaty, Part 2.)
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - question to the Minister
The words: "this treaty demands that Gibraltar aligns with a number of EU laws, standards and tariffs."
Checked against: "shall have in place in its domestic law, and effectively apply, the same provisions as those contained" - Agreement, Article 19(1); "Union acts setting product rules, requirements and standards applicable in the Union's internal market" - Agreement, Annex 20, paragraph 1(e); "provided that the Cooperation Council adopts a decision" - Agreement, Article 247(1)
Grade: Incomplete. The treaty requires the UK, for Gibraltar, to have in place and apply the same provisions as the EU acts listed in those parts and annexes of the treaty to which this rule applies. One of the treaty's annexes lists customs law and product rules and standards. Separately, the treaty commits the UK, for Gibraltar, to align the entry conditions under Gibraltar's law with those under EU law. The statement leaves out the condition on tariffs and customs law. The EU law in that annex applies only once the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) adopts a decision that sets the date and declares that border control posts and customs offices have been set up in the port and airport and operate and are controlled under the arrangements and procedures set out in that decision, and that competent authorities within the EU have been designated. Until that decision enters into force, the treaty sets an interim phase. That annex also excludes tariff quotas and tariffs set below the EU's schedule of concessions. The clause about whether the sovereignty test can be met is not graded.
Grade: Incomplete. Article 19(1) requires the UK, for Gibraltar, to have in place and apply the same provisions as the EU acts listed in those provisions and Annexes of the UK-EU Agreement in respect of Gibraltar to which Article 19 applies. Annex 20 lists customs legislation (paragraph 1(a)) and product rules and standards (paragraph 1(e)). Article 29(7) separately commits the UK, for Gibraltar, to align the entry conditions under Gibraltar's law with those under EU law. The statement leaves out the condition on tariffs and customs law. Under Article 247(1), the EU law in Annex 20 applies only once the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) adopts a decision that sets the date and declares that border control posts and customs offices have been set up in the port and airport and operate and are controlled under the arrangements and procedures set out in that decision, and that competent authorities within the EU have been designated. Until that decision enters into force, Article 247(3) and (5) set an interim phase. Annex 20 paragraph 1(a) also excludes tariff quotas and tariffs set below the EU's schedule of concessions. The clause about whether the sovereignty test can be met is not graded.
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - reply to the statement
The words: "Gibraltar’s new residency regulations came into force on 14 July."
Checked against: "These Regulations come into operation on 14th July 2026" - Residency Regulations 2026, LN.2026/166, regulation 2
Grade: Verified. Gibraltar's Residency Regulations 2026 say they come into operation on 14 July 2026. The front page of the Legal Notice that made them also gives 14 July 2026 as the start date. The provision on their start was read in full. It has no condition, later date or staged start. The statement says only that the regulations came into force on 14 July, and that is what the Regulations say. The question that follows (about the effect on British citizens) is not graded.
Grade: Verified. Regulation 2 of the Residency Regulations 2026 (LN.2026/166) says the Regulations come into operation on 14 July 2026. The front page of the Legal Notice also gives "Commencement 14.7.2026". Regulation 2 was read in full. It has no condition, later date or staged start. The statement says only that the regulations came into force on 14 July, and that is what regulation 2 says. The question that follows (about the effect on British citizens) is not graded.
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - reply to the statement (in a question about the Concordat)
The words: "the UK-Gibraltar concordat envisages circumstances in which the UK could act without the consent of Gibraltar’s Government or people on treaty matters"
Checked against: "will not, other than in the most exceptional circumstances, adopt positions or make decisions in those bodies without the Gibraltar Government’s agreement" - Concordat, section 'Cooperation'; "The UK will, other than in the most exceptional circumstances, seek prior agreement of the Government of Gibraltar before taking any significant actions under the Agreement" - Concordat, section 'Significant Actions'; "will not, other than in the most exceptional circumstances, take the necessary steps with a view of terminating the Agreement unless termination is supported by" - Concordat, section 'Termination and Suspension'
Grade: Under review. The phrase "other than in the most exceptional circumstances" appears in four places: positions and decisions in the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) and EU-UK treaty committees; prior agreement before significant actions; following Gibraltar's wishes in dispute settlement; and steps towards terminating the treaty, which otherwise need a motion carried by at least three-quarters of the Gibraltar Parliament or a majority in a referendum. Each one is a commitment with an exception that lets the UK act without that agreement or vote in the most exceptional circumstances. The UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar does not define the phrase. So the Concordat does envisage such circumstances, as the statement says. No other exception clause was found. This entry grades only what the Concordat envisages. The words about a concern expressed by someone else are not graded. The provisions read are the Concordat sections 'Cooperation', 'Significant Actions', 'Termination and Suspension' and the dispute-settlement section; no condition, exception or limit in them is left out of the statement.
Where: House of Commons, Hansard, 16 July 2026, 'Gibraltar: UK-EU Treaty' (ministerial statement and questions, from 13:48) (the held copy has no page numbers) - reply to the statement
The words: "The decision to have Schengen checks in a British overseas territory"
Checked against: "the competent authorities of the Kingdom of Spain shall perform any functions which are required to exercise border control, comprising border checks and border surveillance, as set out in the Schengen Borders Code" - Agreement, Article 33(1); "Border checks are to be carried out at the border crossing points referred to in Article 29(1)" - Agreement, Article 33(2)
Grade: Shaded. The treaty has the UK, for Gibraltar, and Spain set up border crossing points at Gibraltar port and airport, and has Spain's competent authorities carry out the tasks needed for border control as set out in the Schengen Borders Code. So the Schengen checks are provided for jointly by the treaty, and the statement ('the decision to have Schengen checks in a British overseas territory') speaks of a decision without saying that the checks are set up jointly under the treaty. The statement also calls Gibraltar a 'British overseas territory', which names a holder of sovereignty. The treaty says that it, and any measures, instruments or conduct taken in applying it, do not prejudice and do not otherwise affect the legal positions of the UK or of Spain on sovereignty and jurisdiction, and are not the basis for any assertion or denial of sovereignty; it does not say which of them holds sovereignty.
Grade: Shaded. Article 29(1) has the UK, for Gibraltar, and the Kingdom of Spain 'set up border crossing points at Gibraltar port and airport', and under Article 33(1) 'the competent authorities of the Kingdom of Spain' perform the functions required for border control 'as set out in the Schengen Borders Code'. So the Schengen checks are provided for jointly by the UK-EU Agreement in respect of Gibraltar, and the statement ('the decision to have Schengen checks in a British overseas territory') speaks of a decision without saying that the checks are set up jointly under the treaty. The statement also calls Gibraltar a 'British overseas territory', which names a holder of sovereignty. Article 2 says the treaty, and any measures or instruments or conduct taken in application of it, 'shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction', and shall not 'constitute the basis for any assertion or denial of sovereignty'; it does not say which of them holds sovereignty. The provisions read are Articles 2, 29(1) and (2) and 33(1) and (2).
In press releases and the press
Where: Spanish Ministry of Foreign Affairs, European Union and Cooperation, "The Agreement in respect of Gibraltar: when it will be applied and what it means for Spain" (Exteriores Explica; Spanish original and the ministry's English version), 14 July 2026
Also reported: Not on the parliamentary record so far; published on the Ministry's website, 14 July 2026 (English version; a Spanish version is also held).
The words: "España tendrá un papel central en la aplicación del Acuerdo, incluyendo la iniciativa para suspender su aplicación, aplicar salvaguardas o rescindir el acuerdo." The ministry's English version: "Spain will perform a key role in the application of the Agreement, including with respect to remedial measures such as the suspension of its application, the application of safeguards, or termination of the Agreement."
Checked against: "any measure taken by the Union in the implementation of the EU-UK Agreement on Gibraltar – including amendments, remedial measures, suspension of application of all or parts of the Agreement and termination - will require a prior agreement of the Kingdom of Spain, without prejudice to the competences of the Union and the prerogatives of the institutions" (Declaration of the Council and of the European Commission on the implementation of the treaty). "the Union, including at the request of the Kingdom of Spain, and the United Kingdom may terminate this Agreement by written notification through diplomatic channels" (Agreement, Article 66(1)). "Either Party may terminate this Agreement by written notification through diplomatic channels." (Article 334). "The Union will take the opinion of the Kingdom of Spain duly into account." (Article 67(1)). "Titles I to IV of Part Two, Title II of Part Three and Title III of Part Four shall cease to apply as from the day on which the administrative arrangements" (Article 336(5)). "Spain shall inform the Council and the Commission in advance of the suspension or termination of the implementation plan" (Council , Article 6(1)).
Grade: Under review. The text bears out a major Spanish role. In a separate declaration, the EU Council and the European Commission state that any EU measure under the treaty, including remedial measures, suspension and termination, will require Spain's prior agreement. After the evaluation of the part of the treaty on the circulation of persons, the EU may terminate, including at Spain's request; if Spain asks, the EU must take the necessary steps with a view to terminating. Spain can itself suspend or end an administrative arrangement. When it does, the titles of the treaty listed for that case stop applying, and Spain must tell the Council and the Commission beforehand (under a 2026 EU Council decision connected with the treaty, named in the texts). What the statement leaves out is that the treaty also gives roles to others. Either side, the EU or the UK, for Gibraltar, may terminate at any time by written notice. Either side may temporarily suspend its obligations under the first five titles of the part on the circulation of persons after consultation, and the text says only that the EU will take Spain's opinion duly into account. The prior-agreement requirement comes from the declaration, not from the treaty's own articles. The Spanish says "un papel central" where the ministry's English version says "a key role", and "incluyendo la iniciativa para suspender su aplicación, aplicar salvaguardas o rescindir el acuerdo" (our translation: including the initiative to suspend its application, apply safeguards or terminate the agreement) where it says "including with respect to remedial measures such as the suspension of its application, the application of safeguards, or termination". The text gives Spain a request right on termination and a power over the administrative arrangements, while the declaration gives it a prior-agreement right over EU measures. The provisions read are the treaty's clauses on termination, suspension and the arrangements, the declaration of the Council and the Commission of 31 March 2026, and two clauses of that Council decision.
Grade: Under review. The text bears out a major Spanish role. In a separate declaration, the Council and the Commission state that any EU measure under the UK-EU Agreement in respect of Gibraltar, including remedial measures, suspension and termination, "will require a prior agreement of the Kingdom of Spain". After the evaluation of Part Two, the EU may terminate "including at the request of the Kingdom of Spain" (Article 66(1)); if Spain asks, the EU must take the necessary steps with a view to terminating (Article 66(2)). Spain can itself suspend or end an administrative arrangement. When it does, the titles listed in Article 336(5) stop applying, and Spain must tell the Council and the Commission beforehand (Council , Article 6(1)). What the statement leaves out is that the treaty also gives roles to others. Article 334 lets either Party terminate at any time by written notification. Under Article 67(1) either Party may temporarily suspend its obligations under Titles I to V of Part Two after consultation, and the text says only that the EU "will take the opinion of the Kingdom of Spain duly into account". The prior-agreement requirement comes from the declaration, not from the treaty's own articles. The Spanish says "un papel central" where the ministry's English version says "a key role", and "incluyendo la iniciativa para suspender su aplicación, aplicar salvaguardas o rescindir el acuerdo" (our translation: including the initiative to suspend its application, apply safeguards or terminate the agreement) where it says "including with respect to remedial measures such as the suspension of its application, the application of safeguards, or termination". The text gives Spain a request right on termination (Article 66) and a power over the administrative arrangements, while the declaration gives it a prior-agreement right over EU measures. The provisions read are Articles 66, 67, 334 and 336, the Declaration of the Council and the Commission of 31 March 2026 and Articles 5 and 6 of the Decision.
In press releases and the press
Where: European Parliament, written question E-003374/2025 to the Commission, answer given on behalf of the European Commission, 28 October 2025. Written answers have no page numbers. The answer speaks of the "future" Agreement; the signed text is checked here.
The words: "removing all physical barriers for persons and goods circulating between Spain and Gibraltar, while preserving the Schengen area, the EU Single Market and Customs Union"
Checked against: "All physical barriers related to the circulation of persons between the Union and Gibraltar shall be removed." (Agreement, Article 28); "All physical barriers present between Gibraltar and the Union for goods moving between them by land shall be removed, without prejudice to Article 252 or to formalities required and checks and controls that may be carried out by the Parties to ensure the correct application of this Title." (Agreement, Article 246(1))
Grade: Incomplete. The treaty removes physical barriers for people, and separately for goods. Two limits are left out. For goods, the removal covers goods moving by land, and it does not affect the treaty's rule on bans and restrictions, or the formalities required and the checks and controls that the EU and the UK, for Gibraltar, may carry out to make sure the treaty's rules on customs and indirect taxes are applied correctly. For people, the treaty lets border control be brought back for a limited time if there is a serious threat, and it provides for border checks at the port and airport. The words "while preserving the Schengen area, the EU Single Market and Customs Union" state an aim; the treaty states the purpose of its rules on goods as removing the barriers while protecting the integrity of the EU's internal market and the financial interests of both sides. The provisions read in full are cited under Read the texts on this.
Grade: Incomplete. Article 28 removes physical barriers for persons, and Article 246(1) removes them for goods. Two limits are left out. For goods, the removal covers goods moving "by land" and is "without prejudice to Article 252 or to formalities required and checks and controls that may be carried out by the Parties to ensure the correct application of this Title". For persons, Article 30(2) lets border control be reinstated for a limited time in the case of a serious threat, and Article 29 and Article 33 provide border checks at the port and airport. The words "while preserving the Schengen area, the EU Single Market and Customs Union" state an aim; Article 238 states the purpose of the goods Title as removing the barriers "while protecting the integrity of the Union's internal market and the Parties' financial interests". The provisions read in full are Articles 28 to 33 and 246.
Where: European Parliament, written question E-003374/2025 to the Commission, answer given on behalf of the European Commission, 28 October 2025. Written answers have no page numbers. The answer speaks of the "future" Agreement; the signed text is checked here.
The words: "Frontier workers will have the right to enter and leave Gibraltar and Spain, as well as reside there during their work."
Checked against: "the right to enter, stay and leave while employed as a frontier worker or pursuing an activity as a self-employed frontier worker" (Agreement, Article 292(5)(b)); "Union citizens legally residing in the Kingdom of Spain" and "United Kingdom nationals legally residing in Gibraltar" (Agreement, Article 291(1)(a) and (b))
Grade: Incomplete. The treaty gives frontier workers, employed or self-employed, the right to enter, stay and leave while they work. The text says stay; it does not use the word reside in that provision. The right belongs only to the people the treaty names: EU citizens legally resident in Spain and UK nationals legally resident in Gibraltar, and their family members who legally reside in the same place. A frontier worker is defined as someone who works in one place and returns at least once a week to live in the other, so "reside there during their work" is not what the text provides for where the worker lives. The treaty also lets either side refuse public service posts that involve the exercise of public powers. The answer leaves these limits out. The provisions read in full are cited under Read the texts on this.
Grade: Incomplete. Article 292(5)(b) gives frontier workers, whether employed or self-employed, "the right to enter, stay and leave" while they work. The text says "stay"; it does not use the word "reside" in that paragraph. The right belongs only to the persons in Article 291(1): EU citizens legally residing in Spain and UK nationals legally residing in Gibraltar, and (under 291(1)(c)) their family members who legally reside in the same place. A frontier worker is defined (Article 291(2) and (3)) as someone who works in one place and returns at least once a week to live in the other, so "reside there during their work" is not what the text provides for the worker's place of residence. Article 292(6) also lets either side refuse public service posts that involve the exercise of public powers. The answer leaves these limits out. The provisions read in full are Articles 291 and 292.
Where: European Parliament, written question E-003374/2025 to the Commission, answer given on behalf of the European Commission, 28 October 2025. Written answers have no page numbers. The answer speaks of the "future" Agreement; the signed text is checked here.
The words: "The future Agreement also aims at including a financial mechanism to promote cohesion between Gibraltar and the Campo de Gibraltar, for example on matters of training and employment."
Checked against: "The Cooperation Council shall establish a financial mechanism to promote cohesion between Gibraltar and the contiguous frontier zone, including on matters of training and employment." (Agreement, Article 299(1)); "Contiguous frontier zone" means the territory of the municipalities that make up the Mancomunidad de Municipios del Campo de Gibraltar, in the Kingdom of Spain." (Agreement, Article 3(1)(g))
Grade: Incomplete. The treaty provides for a financial mechanism on cohesion between Gibraltar and the neighbouring frontier zone, including on training and employment, and defines that zone as the territory of the municipalities that make up the Campo de Gibraltar association of municipalities, in Spain, so 'Campo de Gibraltar' does not read narrower than the text. The statement is true as far as it goes. It leaves out that the Cooperation Council is to set up the mechanism, that its measures should take into account the protection of the financial interests of the EU and the UK, for Gibraltar, against fraud and other illegal activities and irregularities, and that both sides should fund the mechanism. The statement was made on 28 October 2025, before the draft treaty was laid (26 February 2026) and before the treaty was signed (14 July 2026), and says the future treaty 'aims at including' a financial mechanism; the signed text requires the Cooperation Council to set it up. The draft laid on 26 February 2026 already carried this provision, and it too required the Cooperation Council to set up the mechanism. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 299(1) of the UK-EU Agreement in respect of Gibraltar provides for a financial mechanism on cohesion between Gibraltar and the contiguous frontier zone, including on matters of training and employment, and Article 3(1)(g) defines that zone as 'the territory of the municipalities that make up the Mancomunidad de Municipios del Campo de Gibraltar, in the Kingdom of Spain', so 'Campo de Gibraltar' does not read narrower than the text. The statement is true as far as it goes. It leaves out that the Cooperation Council is to establish the mechanism, that measures 'should take into account the protection of the Parties' financial interests against fraud and other illegal activities and irregularities', and that, under Article 299(2), 'Both Parties should provide funding for the mechanism referred to in paragraph 1'. The statement was made on 28 October 2025, before the draft UK-EU Agreement in respect of Gibraltar was laid (26 February 2026) and before the treaty was signed (14 July 2026), and says the future Agreement 'aims at including' a financial mechanism; the signed text says the Cooperation Council 'shall establish' it. The draft laid on 26 February 2026 already carried Article 299, and it too said that the Cooperation Council 'shall establish' the mechanism. The provisions read are Article 299(1) and (2) and Article 3(1)(g).
Where: European Parliament, written question E-003374/2025 to the Commission, answer given on behalf of the European Commission, 28 October 2025. Written answers have no page numbers. The answer speaks of the "future" Agreement; the signed text is checked here.
The words: "As regards pensions, social security coordination rules will apply: these rules merely reflect the national level of pensions. Any top-ups would be a matter for national law."
Checked against: "the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall apply their social security systems in accordance with that Protocol." (Agreement, Article 298)
Grade: Incomplete. The treaty applies its social security protocol, and that protocol calculates benefits under the law each institution applies, including proportional (pro rata) amounts. The statement leaves out a further rule of the protocol: the responsible institution must pay a supplement up to the minimum benefit set by its law, for the whole time the person lives in Gibraltar or Spain. The minimum is set by national law, but the protocol requires the supplement to be paid. The provisions read are cited under Read the texts on this.
Grade: Incomplete. Article 298 of the UK-EU Agreement in respect of Gibraltar applies the Protocol on Social Security Coordination, and Article SSC.45 calculates benefits under the legislation each institution applies, including pro rata amounts. The statement leaves out Article SSC.51: the competent institution 'shall pay' a supplement up to 'the minimum benefit fixed by that legislation' 'throughout the period of their residence in Gibraltar or the Kingdom of Spain'. The minimum is fixed by national legislation, but the Protocol requires the supplement to be paid. The provisions read are Article 298 of the treaty and Articles SSC.45(1), SSC.45(3) and SSC.51 of the Protocol.
What would settle it: What do the pension calculation rules in the Protocol on Social Security Coordination say about how a pension is worked out for a person who paid contributions in Gibraltar and in Spain, and do they leave top-ups to national law? (Question 2.111 in Questions about the treaty, Part 2.)
Where: European Parliament, written question E-000917/2026 to the Commission, submitted 4 March 2026. Written questions have no page numbers.
The words: "the agreement contains no measures concerning Gibraltar’s land reclamation activities in the Eastside project" (European Parliament English version; the Spanish original has not been obtained)
Checked against: "Parties affirm the right of each Party to set its policies and priorities in the areas covered by this Chapter" (Agreement, Article 219(1)); "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" (Agreement, Article 219(4)); "nature and biodiversity conservation" (Agreement, Article 218(1)(e))
Grade: Incomplete. A search of both volumes of the treaty, the seven administrative arrangements between the UK, for Gibraltar, and Spain, the UK-Gibraltar Concordat on putting the treaty into effect and the Declaration of the Council and the Commission of 31 March 2026 found no use of the words "reclamation" or "Eastside", and no provision that deals with land reclamation by name. That part of the statement is borne out. The statement is wider than that, though: it says there are no measures "concerning" these activities. The treaty's environment and climate chapter applies to Gibraltar's environmental law in general, including the conservation of nature and biodiversity and the protection and preservation of the aquatic and marine environment, and it requires the UK, for Gibraltar, to keep levels of protection equivalent to those in the EU. Those general duties could apply to such works. The text does not say whether they do, so the statement leaves out the general duties that the text attaches.
Grade: Incomplete. A search of Volumes I and II of the UK-EU Agreement in respect of Gibraltar, the seven administrative arrangements between the UK, for Gibraltar, and Spain (Arrangements to ), the UK-Gibraltar Concordat on the implementation of the UK-EU Agreement in respect of Gibraltar and the Declaration of the Council and the Commission of 31 March 2026 found no use of the words "reclamation" or "Eastside", and no provision that deals with land reclamation by name. That part of the statement is borne out. The statement is wider than that, though: it says there are no measures "concerning" these activities. The environment and climate chapter (Articles 218 to 223) applies to Gibraltar's environmental law in general, including "nature and biodiversity conservation" and "the protection and preservation of the aquatic and marine environment" (Article 218(1)(e) and (h)), and Article 219(4) requires the UK, for Gibraltar, to uphold levels of protection equivalent to those in the EU. Those general duties could apply to such works. The text does not say whether they do, so the statement leaves out the general duties that the text attaches.
Where: European Parliament, written question E-000917/2026 to the Commission, submitted 4 March 2026. Written questions have no page numbers.
The words: "the emissions trading scheme remains absent in Gibraltar" (European Parliament English version; the Spanish original has not been obtained)
Checked against: "Each Party shall have in place an effective system of carbon pricing or equivalent measures to reduce emissions by the date of the entry into force of this Agreement." (Agreement, Article 220(1)); "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." (Agreement, Article 220(2))
Grade: Incomplete. The questioners say what the text 'maintains': that no emissions trading scheme is required in Gibraltar. The treaty does not speak of an emissions trading scheme for Gibraltar. It does require something else: each side must have in place an effective system of carbon pricing, or equivalent measures to reduce emissions, by the date the treaty enters into force, and Gibraltar's system must be equivalent in scope and effectiveness to the EU's. So the text does not require a trading scheme by name, but it does require a carbon pricing system or equivalent measures. The statement leaves out those two requirements. Whether Gibraltar has such a system today is a fact about Gibraltar law, not about the text, and is not graded.
Grade: Incomplete. The questioners say what the text "maintains": that no emissions trading scheme is required in Gibraltar. The UK-EU Agreement in respect of Gibraltar does not use the words "emissions trading scheme" for Gibraltar. It does require something else: Article 220(1) says each Party must have in place "an effective system of carbon pricing or equivalent measures to reduce emissions" by the date the treaty enters into force, and Article 220(2) says Gibraltar's system must have "an equivalent scope and effectiveness" to the EU's. So the text does not require a trading scheme by name, but it does require a carbon pricing system or equivalent measures. The statement leaves out those two paragraphs. Whether Gibraltar has such a system today is a fact about Gibraltar law, not about the text, and is not graded.
Where: European Parliament, written question E-001819/2026 to the Commission, submitted 5 May 2026. Written questions have no page numbers.
The words: "establishes a specific framework for the movement of persons and goods, which includes provisions removing controls at the land border and stipulating that Schengen checks are to be carried out at Gibraltar’s port and airport" (European Parliament English version; the Spanish original has not been obtained)
Checked against: "All physical barriers related to the circulation of persons between the Union and Gibraltar shall be removed." (Agreement, Article 28); "The Parties shall ensure that persons may circulate between Gibraltar and the Member States applying the Schengen acquis in full without border checks being carried out" (Agreement, Article 30(1)); "may exceptionally reinstate border control between Gibraltar and the territory of the Member States applying the Schengen acquis in full for a limited period of up to 10 days" (Agreement, Article 30(2)); "the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set up border crossing points at Gibraltar port and airport" (Agreement, Article 29(1))
Grade: Incomplete. The question speaks of the draft treaty; the signed text is checked here. The treaty removes physical barriers to the movement of people. It says people may move between Gibraltar and the EU countries in the Schengen area without border checks. It sets up border crossing points at Gibraltar port and airport, and gives the Spanish authorities the Schengen border check functions at those points. The statement leaves out the limits the text attaches. The right to move without checks does not affect the Schengen Borders Code's rules on sea borders. EU countries or the UK, for Gibraltar, may bring back border control for a serious threat to public policy, public health or internal security, for up to 10 days, extended by 20 days and then by periods of one month up to six months in all, and only as a last resort. For goods, the removal of barriers does not affect another provision of the treaty, or the formalities required and the checks and controls the two sides may carry out. The provisions read in full to find these are listed in the texts.
Grade: Incomplete. The question speaks of the draft treaty; the signed text is checked here. Article 28 removes physical barriers to the circulation of persons. Article 30(1) says persons may circulate between Gibraltar and the EU Schengen countries without border checks. Article 29(1) sets up border crossing points at Gibraltar port and airport, and Article 33 gives the Spanish authorities the Schengen border check functions at those points. The statement leaves out the limits the text attaches. Article 30(1) is "without prejudice to the provisions on sea borders in Annex VI of the Schengen Borders Code". Article 30(2) lets the EU countries or the UK, for Gibraltar, reinstate border control for a serious threat to public policy, public health or internal security, for up to 10 days, prolonged by 20 days and then by periods of one month up to a maximum of six months, and only as a last resort. For goods, removal of barriers is limited by Article 246(1) ("without prejudice to Article 252 or to formalities required and checks and controls that may be carried out by the Parties"). The provisions read are Articles 28 to 33 and 246 in full to find these.
Where: European Parliament, written question E-001819/2026 to the Commission, submitted 5 May 2026. Written questions have no page numbers.
The words: "the agreement leaves unchanged the legal positions of Spain and the United Kingdom on sovereignty and jurisdiction" (European Parliament English version; the Spanish original has not been obtained)
Checked against: "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction" (Agreement, Article 2)
Grade: Verified. The treaty's sovereignty clause says the treaty, any supplementing agreements, any administrative arrangements and any measures taken under them are without prejudice to, and do not otherwise affect, the legal positions of the UK and Spain on sovereignty and jurisdiction. The provision read is the whole sovereignty clause (one paragraph) and it has no condition, exception or limit that the statement leaves out.
Grade: Verified. Article 2 says the UK-EU Agreement in respect of Gibraltar, any supplementing agreements, any administrative arrangements and any measures taken under them are "without prejudice to, and shall not otherwise affect" the legal positions of the UK and Spain on sovereignty and jurisdiction. The provisions read are the whole of Article 2 (one paragraph) and it has no condition, exception or limit that the statement leaves out.
Where: European Parliament, written question E-001819/2026 to the Commission, submitted 5 May 2026. Written questions have no page numbers.
The words: "preserving specific arrangements for British military facilities and personnel" (European Parliament English version; the Spanish original has not been obtained)
Checked against: "Entry and exit of non-resident United Kingdom Forces, their civilian component, their family members forming part of the household and visiting third-country forces" (Agreement, Article 38, heading); "goods to be transferred to and from Gibraltar exclusively for the official use of the Ministry of Defence of the United Kingdom or of visiting third-country forces" (Agreement, Article 260(1))
Grade: Incomplete. The treaty deals with the entry and exit of UK Forces not resident in Gibraltar, their civilian component, family members who are part of their household, and visiting third-country forces. Members of non-resident UK Forces or of visiting third-country forces are free from passport and visa rules and from Schengen border checks only on the conditions the treaty sets and only if they follow the formalities it lays down, and the treaty names the only documents needed to register them. Members of these forces, of the civilian component and family members who wish to leave or enter an EU country that applies the Schengen rules in full go through Schengen border checks as the treaty sets out, and organised units or formations may not enter or leave the Schengen area through the border crossing points the treaty names. The treaty's special rules on goods cover goods moved only for the official use of the UK Ministry of Defence or of visiting third-country forces and leave out goods moved for commercial purposes, and its special procedure is limited to such goods. The statement leaves out these conditions and exclusions.
Grade: Incomplete. Article 38 deals with the entry and exit of non-resident United Kingdom Forces, their civilian component, their family members forming part of the household and visiting third-country forces. Under paragraph 1, members of non-resident United Kingdom Forces or of visiting third-country forces are exempt from passport and visa regulations and Schengen border checks 'On the conditions specified in paragraph 2 of this Article and subject to compliance with the formalities established in this Agreement', and paragraph 2 names the only documents required for their registration. Under Article 38(7) members of these forces, of the civilian component and family members who wish to exit or enter an EU country applying the Schengen rules in full are subject to Schengen border checks in accordance with Article 33, and regularly constituted units or formations are not allowed to enter or exit the Schengen area through the border crossing points referred to in Article 29(1). Article 260(1) covers goods to be transferred 'exclusively for the official use of the Ministry of Defence of the United Kingdom or of visiting third-country forces' and excludes goods transferred for commercial purposes, and Article 264(1) limits its special procedure to such goods. The statement leaves out these conditions and exclusions. The provisions read are Articles 38(1), 38(2), 38(7), 260(1) and 264(1).
Where: European Parliament, written question E-001819/2026 to the Commission, answer given on behalf of the European Commission, 1 July 2026. The same point is made in the answer to written question E-002104/2026 of 4 August 2026. Written answers have no page numbers.
The words: "The EU-UK Agreement in respect of Gibraltar states that it shall be without prejudice to the legal positions of Spain and the UK with regard to sovereignty and jurisdiction and shall not constitute the basis for any assertion or denial of sovereignty including in legal proceedings or otherwise."
Checked against: "shall be without prejudice to, and shall not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction, and shall not constitute the basis for any assertion or denial of sovereignty, including in legal proceedings or otherwise." (Agreement, Article 2)
Grade: Verified. The treaty's sovereignty clause contains each element of the sentence: the treaty is without prejudice to the legal positions of the UK and Spain on sovereignty and jurisdiction, and it gives no basis for any assertion or denial of sovereignty, including in legal proceedings or otherwise. The answer leaves out only the further words that the clause also covers supplementing agreements, administrative arrangements and measures taken under them. That makes the clause wider, not narrower, than the sentence. The provision read is the whole sovereignty clause and no condition, exception or limit is left out.
Grade: Verified. Article 2 contains each element of the sentence: "without prejudice to" the legal positions of the UK and Spain on sovereignty and jurisdiction, and no "basis for any assertion or denial of sovereignty, including in legal proceedings or otherwise". The answer leaves out only the further words that the Article also covers supplementing agreements, administrative arrangements and measures taken under them. That makes the Article wider, not narrower, than the sentence. The provisions read are the whole of Article 2 and no condition, exception or limit is left out.
Where: European Parliament, written question E-001819/2026 to the Commission, answer given on behalf of the European Commission, 1 July 2026. Written answers have no page numbers.
The words: "Spain will perform full Schengen checks at Gibraltar airport and port, and will be responsible for border surveillance, including in adjacent waters, in line with relevant EU rules."
Checked against: "the competent authorities of the Kingdom of Spain shall perform any functions which are required to exercise border control, comprising border checks and border surveillance, as set out in the Schengen Borders Code" (Agreement, Article 33(1)); "Border surveillance is to be carried out between border crossing points in Gibraltar including the surveillance of border crossing points outside the fixed opening hours" (Agreement, Article 33(3)); "the competent authorities of the Participants will conduct joint maritime patrols in jointly crewed law enforcement vessels at the borders of both Gibraltar and the surrounding area of Spain" (Arrangement on Schengen border checks and border surveillance, paragraph 3.2.2); "border checks may be carried out at the airport border crossing point, if the volume of traffic flows through the port allows for an efficient, high and uniform level of control at the airport border crossing point" (Agreement, Article 29(3))
Grade: Incomplete. The treaty gives the Spanish authorities the Schengen border check and border surveillance functions, with the checks at the crossing points set up at the port and airport. Three things are left out. First, the treaty allows the checks to be done at the airport only, if traffic through the port allows it, and the administrative arrangement on how Schengen border checks and border surveillance will be conducted treats the conditions as met where there are no direct ferry connections to a port outside the Schengen area and no cruise ship starts or ends its journey at Gibraltar. Second, on entry Spain's checks come after those of the UK's authorities, for Gibraltar, and on exit Spain's checks come first and those of the UK's authorities, for Gibraltar, follow. Third, the border surveillance the treaty provides for is between border crossing points in Gibraltar; the treaty does not use the words "adjacent waters". The same arrangement provides for joint sea patrols in law enforcement vessels crewed by both sides, at the borders of Gibraltar and the surrounding area of Spain, with each side appointing officers. So the text describes shared sea patrols, not surveillance by Spain alone in adjacent waters. The part of the Schengen Borders Code on sea borders, which the treaty refers to, is not held.
Grade: Incomplete. Articles 33(1) and (2) give the Spanish authorities the Schengen border check and border surveillance functions, with the checks at the crossing points set up at the port and airport (Article 29(1)). Three things are left out. First, Article 29(3) allows the checks to be done at the airport only, if traffic through the port allows it, and Arrangement , the administrative arrangement on how Schengen border checks and border surveillance will be conducted (paragraphs 2.2.2 and 2.2.3), treats the conditions as met where there are no direct ferry connections to a port outside the Schengen area and no cruise ship starts or ends its journey at Gibraltar. Second, on entry Spain's checks come after those of the UK's authorities, for Gibraltar, and on exit Spain's checks come first and those of the UK's authorities, for Gibraltar, follow (Article 29(5)). Third, border surveillance in Article 33(3) is "between border crossing points in Gibraltar"; the UK-EU Agreement in respect of Gibraltar does not use the words "adjacent waters". The arrangement at paragraph 3.2.2 provides for "joint maritime patrols in jointly crewed law enforcement vessels" at the borders of Gibraltar and the surrounding area of Spain, with each side appointing officers (paragraph 3.2.3). So the text describes shared maritime patrols, not surveillance by Spain alone in adjacent waters. Annex VI of the Schengen Borders Code on sea borders, to which Article 30(1) refers, is not held.
Where: European Parliament, written question E-001819/2026 to the Commission, answer given on behalf of the European Commission, 1 July 2026. Written answers have no page numbers.
The words: "In relation to the movement of goods, the Agreement provides for customs checks and controls to be carried out by Spanish authorities or jointly by the authorities of Spain and the authorities of the UK, in respect of Gibraltar"
Checked against: "The decision referred to in paragraph 1 shall lay down arrangements for joint actions and controls, as well as customs cooperation and administrative cooperation between the competent authorities of the United Kingdom, in respect of Gibraltar, and the competent authorities within the Union" (Agreement, Article 247(6)); "means customs or other relevant authorities of the Member States or of the Union" (definition of competent authorities within the EU, Agreement, Article 239(b)); "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." (Agreement, Article 247(5))
Grade: Incomplete. The treaty says the decision of the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the treaty sets up to oversee it) is to lay down arrangements for joint actions and controls between the Gibraltar authorities and the competent authorities within the EU. That term means the customs or other relevant authorities of the EU countries or of the EU, so the treaty does not name Spain's authorities as such. The answer leaves out the condition on all of this. The Cooperation Council's decision that brings the EU law listed in one of the treaty's annexes into force for Gibraltar must first be adopted and take effect, declaring that border control posts and customs offices have been set up in the port and airport, that they are working and controlled as the decision sets out, and that competent authorities within the EU have been designated. Until then Gibraltar is a third territory under EU customs, indirect tax and trade law, and goods other than those travellers carry in their personal luggage under the treaty's rules on travellers' goods enter and leave only by land, under four of the treaty's annexes, apart from EU goods that may also come in by sea and goods that may go out by sea to non-EU countries, in each case only under the treaty's rules for this. The provisions read in full to find this are cited under Read the texts on this.
Grade: Incomplete. Article 247(6) says the Cooperation Council (the body of representatives of the EU and of the UK, for Gibraltar, that the UK-EU Agreement in respect of Gibraltar sets up to oversee it) decision shall lay down "arrangements for joint actions and controls" between the Gibraltar authorities and the "competent authorities within the Union". That term means the customs or other relevant authorities of the EU countries or of the EU (Article 239(b)), so the treaty does not name Spain's authorities as such. The answer leaves out the condition on all of this. The Article 247(1) decision of the Cooperation Council must first be adopted and take effect, declaring that border control posts and customs offices have been established in the port and airport, that they operate and are controlled as the decision sets out, and that competent authorities within the EU have been designated. Until then Gibraltar is a third territory under EU customs, indirect taxation and trade-related law (Article 247(5)) and goods other than those travellers carry in their personal luggage under the treaty's rules on travellers' goods enter and leave only by land under Annexes 19, 21, 22 and 24 (Article 247(3)), apart from the sea routes Article 247(4) allows. The provisions read are Articles 239 and 246 to 250 in full to find this.
Where: European Parliament, written question E-001819/2026 to the Commission, answer given on behalf of the European Commission, 1 July 2026. Written answers have no page numbers.
The words: "the Agreement includes rules for the entry and exit of goods as well as for the entry and exit of military personnel, the civilian component and their family members going to the military base."
Checked against: "Entry and exit of non-resident United Kingdom Forces, their civilian component, their family members forming part of the household and visiting third-country forces" (Agreement, Article 38, heading); "goods to be transferred to and from Gibraltar exclusively for the official use of the Ministry of Defence of the United Kingdom or of visiting third-country forces" (Agreement, Article 260(1))
Grade: Incomplete. The treaty sets rules on the entry and exit of non-resident UK forces, their civilian component and their family members who form part of the household, and of goods transferred to and from Gibraltar. The statement leaves out the conditions the text attaches. The rules on people apply on the conditions the treaty sets for members of the forces and, separately, for the civilian component and family members, and subject to compliance with the formalities set in the treaty. The rules on goods exclude goods transferred for commercial purposes and cover goods exclusively for the official use of the Ministry of Defence. The provisions read are the treaty's rules on UK forces and on goods for them.
Grade: Incomplete. The UK-EU Agreement in respect of Gibraltar sets rules on the entry and exit of non-resident United Kingdom Forces, their civilian component and their family members forming part of the household (Article 38(1) and (4)) and of goods transferred to and from Gibraltar (Article 260(1)). The statement leaves out the conditions the text attaches. The personnel rules apply on the conditions specified in paragraph 2 (members of the forces) and paragraph 5 (civilian component and family members) and subject to compliance with the formalities established in the treaty. The goods rules exclude goods transferred for commercial purposes (Article 260(1)) and cover goods 'exclusively for the official use of the Ministry of Defence' (Article 264(1)). The provisions read are Articles 38(1) and (4), 260(1) and 264(1).
Where: European Parliament, written question E-000917/2026 to the Commission, answer given by Ms Roswall on behalf of the European Commission, 7 July 2026. Written answers have no page numbers.
The words: "As regards taxation, environment, climate, social and labour standards, the Agreement provides for non-regression which ensures that parties cannot weaken or reduce the level of protection in the different areas below the level in place on 31 December 2020 affecting trade or investment."
Checked against: "A Party shall not weaken or reduce the level of protection provided for in its legislation as at 31 December 2020 below the level provided for by the standards and rules which have been agreed in the OECD as at 31 December 2020" (Agreement, Article 212(1)); "A Party shall not weaken or reduce, in a manner affecting trade or investment between the Union and the United Kingdom, in respect of Gibraltar, its labour and social levels of protection below the levels in place at the end of the transition period" (Agreement, Article 215(2)); "The Union shall not weaken or reduce its environmental and climate levels of protection below the levels in place as at 31 December 2020 including by failing to effectively enforce its environmental and climate law." (Agreement, Article 219(3)); "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" (Agreement, Article 219(4))
Grade: Incomplete. The treaty has a rule on levels of protection in each of the three areas, and the reference point is not the same in each. The details differ from the single sentence in the answer. In taxation the rule covers listed matters only (exchange of information, interest limitation, controlled foreign companies, hybrid mismatches, and public country-by-country reporting by credit institutions and investment firms, other than small and non-interconnected investment firms), and in the first group the level must not fall below the OECD standards of that date. It does not contain the words 'affecting trade or investment'. In labour and social levels those words are there, as a bar on lowering levels in a manner affecting trade or investment, and the reference point is the end of the transition period. In environment and climate the bar on falling below the 2020 levels is placed on the EU, while the UK, for Gibraltar, must uphold levels equivalent to the levels in place in the EU; the words on affecting trade or investment are not in either part. The provisions read to find this are the treaty's rules on tax, on labour and social standards, and on environment and climate. The answer's single sentence therefore holds for each area only in part.
Grade: Incomplete. The UK-EU Agreement in respect of Gibraltar has a rule on levels of protection in each of the three areas, and the reference point is not the same in each. The details differ from the single sentence in the answer. In taxation (Article 212) the rule covers listed matters only (exchange of information, interest limitation, controlled foreign companies, hybrid mismatches, and public country-by-country reporting by credit institutions and investment firms, other than small and non-interconnected investment firms), and in the first group the level must not fall below the OECD standards of that date. It does not contain the words "affecting trade or investment". In labour and social levels (Article 215(2)) the words "in a manner affecting trade or investment" are there, and the reference point is "the end of the transition period". In environment and climate (Article 219) the bar on falling below the 2020 levels is placed on the EU (paragraph 3), while the UK, for Gibraltar, must "uphold" levels "equivalent to the levels in place in the Union" (paragraph 4); the "affecting trade or investment" words are not in either paragraph. The provisions read are Articles 211 to 215 and 218 to 221 to find this. The answer's single sentence therefore holds for each area only in part.
Where: European Parliament, written question E-000917/2026 to the Commission, answer given by Ms Roswall on behalf of the European Commission, 7 July 2026. Written answers have no page numbers.
The words: "as regards emissions trading, the Agreement (Article 220(2)) provides that the UK, in respect of Gibraltar, shall ensure that such system or measures shall have an equivalent scope and effectiveness as the one in place in the EU at the time of the entry into force of the Agreement."
Checked against: "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." (Agreement, Article 220(2))
Grade: Verified. The treaty says what the answer says: the UK, for Gibraltar, must ensure that Gibraltar's carbon pricing system or equivalent measures have equivalent scope and effectiveness to the EU's at the time the treaty enters into force. The answer calls it "emissions trading"; the text uses the wider words carbon pricing or equivalent measures. The rest of the same clause (each side must have an effective system of carbon pricing or equivalent measures by the date of entry into force; aviation; reporting to the EU-UK treaty committee on economy and trade; a review in 2030) adds duties but does not cut back or put conditions on this duty. The provision read is the whole of that clause, and no condition, exception or limit on this duty is left out.
Grade: Verified. Article 220(2) says what the answer says: the UK, for Gibraltar, must ensure that Gibraltar's carbon pricing system or equivalent measures have equivalent scope and effectiveness to the EU's at the time the UK-EU Agreement in respect of Gibraltar enters into force. The answer calls it "emissions trading"; the text uses the wider words "carbon pricing or equivalent measures". Article 220(1) (each Party must have an effective system of carbon pricing or equivalent measures by the date of entry into force) and Article 220(3) to (5) (aviation, reporting to the EU-UK treaty committee on economy and trade, a review in 2030) add duties but do not cut back or condition the duty in paragraph 2. The provisions read are the whole of Article 220 and no condition, exception or limit on paragraph 2 is left out.
Every speech in the sittings read that mentioned the treaty or its subjects was tested against the rule above. Those that did not meet it are not graded. The table gives the candidates recorded in the reading logs, by the side of the speaker and by the reason each did not meet the rule. A candidate is a speech, or a distinct point in a speech, that mentioned the treaty or its subjects.
| Reason | Government of Gibraltar | Opposition (Gibraltar) | UK Government | UK Opposition | Spanish Government | Other official body | Not attributed | All |
|---|---|---|---|---|---|---|---|---|
| An opinion or a political judgement | 99 | 46 | 11 | 5 | 0 | 4 | 4 | 169 |
| A forecast, a hope or an undertaking about the future | 58 | 10 | 4 | 1 | 0 | 1 | 1 | 75 |
| An account of the negotiation, or of what someone intended | 41 | 19 | 8 | 0 | 0 | 1 | 2 | 71 |
| The procedure, thanks or rhetoric of a debate | 50 | 5 | 6 | 2 | 0 | 0 | 6 | 69 |
| A question that asserts no fact about the texts | 1 | 66 | 1 | 8 | 0 | 2 | 2 | 80 |
| Not about what the treaty texts say or do | 116 | 63 | 9 | 0 | 0 | 2 | 22 | 212 |
| No document held here can be set beside it | 35 | 5 | 1 | 0 | 0 | 1 | 1 | 43 |
| A Member reading out a clause of the Bill or the Act | 2 | 13 | 0 | 0 | 0 | 0 | 0 | 15 |
| The same point made again by the same speaker in the same sitting (counted once) | 15 | 4 | 4 | 0 | 0 | 1 | 8 | 32 |
| All | 417 | 231 | 44 | 16 | 0 | 12 | 46 | 766 |
'Not attributed' counts rows that cover several speakers, written answers given by number, and presiding officers. Candidates from press releases and press reports are included in the same counts.
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Gibraltar & The Treaty — The Reading Room