Gibraltar & The Treaty — The Reading Room

The treaty in one minute

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  1. The treaty's aim is a relationship of cooperation between the and the . It is also meant to promote shared prosperity and close, constructive relations for Gibraltar and the neighbouring area of Spain. That means in particular the towns that make up the Mancomunidad de Municipios del Campo de Gibraltar.

    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.

    Article 1

  2. The treaty does not affect the legal positions of the UK or of Spain on sovereignty and jurisdiction. The same goes for any agreements that add to it, any arrangements linked to it, and anything done under them or because of them. None of these can be used as a basis to claim or deny sovereignty, in court or anywhere else.

    This Agreement, any supplementing agreements as referred to in Article , 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.

    Article 2

  3. People must be able to travel without border checks between Gibraltar and the that apply all the . The EU and the UK, for Gibraltar, must make sure of this, whatever a person's nationality. The Schengen rules on sea borders still apply. If there is a serious threat to public policy, public health or internal security, border control may be brought back. This can be done by those EU countries or by the UK, for Gibraltar, but only as a last resort. It can last up to 10 days, then be extended by 20 days and after that month by month, up to six months in all. The control must go no further, and last no longer, than strictly needed to deal with the threat.

    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, without prejudice to the provisions on sea borders in Annex VI of the Schengen Borders Code, irrespective of their nationality.

    Notwithstanding paragraph 1, 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 between Gibraltar and the territory of the Member States applying the Schengen acquis in full for a limited period of up to 10 days. That period may be prolonged by a period of 20 days and by subsequent periods of one month until a maximum of six months. Border control between Gibraltar and the territory of the Member States applying the Schengen acquis in full shall only be reinstated as a last resort, and the scope and duration of the reinstatement shall not exceed what is strictly necessary to respond to the serious threat.

    Article 30

  4. When people who live in Gibraltar arrive at Gibraltar's port or airport to enter Gibraltar, they are not checked on one Schengen entry condition. That condition is showing the purpose and conditions of their stay and that they have enough money to live on. Even if they do not meet the other Schengen entry conditions, they may not be stopped from crossing there to enter Gibraltar.

    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 of this Agreement for the purpose of entering Gibraltar.

    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 of this Agreement for the purpose of entering Gibraltar.

    Article 43 · Side by side

  5. The treaty's state aid rules apply to aid that the UK, for Gibraltar, gives to businesses. For businesses that make, process or supply goods, they apply where the aid affects or could affect trade or investment between the EU and Gibraltar. For businesses that provide services, they apply only where the aid affects or could affect trade in goods or investment between the EU and Gibraltar.

    This Chapter and Annex shall apply to state aid granted by the United Kingdom, in respect of Gibraltar, to one or more economic actors that: (a) produce, transform or supply goods and the aid has, or could have, an effect on trade or investment between the Union and Gibraltar; or (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 201

  6. The treaty sets up a customs union between the EU and the UK, for Gibraltar, on the terms set out in its customs union chapter.

    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.

    Article 240

  7. Flights between Gibraltar airport and places in the EU can be run only by EU airlines or airlines authorised under EU law. These flights follow EU law. Flights between Gibraltar airport and places in the UK can be run only by UK airlines or airlines the UK has authorised. These flights follow UK law.

    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.

    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. These services shall be provided in accordance with the law of the United Kingdom.

    Article 272

  8. The treaty names two groups: EU citizens who live legally in Spain, and UK nationals who live legally in Gibraltar. The first group has the right to work as employed frontier workers in Gibraltar, under the rules that apply to UK nationals in Gibraltar. The second group has the same right in Spain, under the rules that apply to Spanish nationals. People in both groups may be refused public-service jobs that involve taking part, directly or indirectly, in using powers given by public law. The same applies to jobs that protect the general interests of the UK for Gibraltar, of Spain or of other public authorities.

    Persons referred to in point (a) of Article 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.

    Persons referred to in point (b) of Article 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.

    Persons referred to in points (a) and (b) of Article may be refused the right to take up employment in the public service which involves direct or indirect participation in the exercise of powers conferred by public law and duties designed to safeguard the general interests of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain, as the case may be, or of other public authorities.

    Article 292

  9. The EU and the UK, for Gibraltar, must jointly review how and any agreements that add to it are being applied, and related matters. They do this four years after the treaty comes into force, and regularly after that.

    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.

    Do not know

    The Article does not say which body carries it out, whether its findings are published, or what follows from it.

    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.

    Article 330

  10. Either side may end the treaty by written notice through diplomatic channels. The treaty, and any agreement that adds to it, then stops being in force on the first day of the twelfth month after the notice. That is between 11 and 12 months later, depending on the day of the month.

    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.

    Article 334

  11. When both sides have told each other they have finished their own procedures to agree to be bound by it, the treaty comes into force on the first day of the next month. Before then, they may agree to apply it provisionally from an earlier date. They can do so only if, before that date, they have told each other two things. First, that the implementation plan and the administrative arrangements the treaty lists are in effect and fully carried out. These include the arrangements in its protocol on social security. Second, that the tobacco measures the treaty describes are in place.

    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.

    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 and the administrative arrangements referred to in Articles , , , , , , and 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 of this Agreement are in place.

    Do not know

    The treaty's titles on general principles, border crossing, safeguards, and implementation and evaluation, its title on customs, indirect taxation and trade, and its title on social security coordination cease to apply from the day those administrative arrangements are suspended or terminated under their own terms. They apply again from the day the suspension is lifted or new administrative arrangements are concluded. The text does not say whether the suspension or termination of one of the arrangements is enough, or whether it must be all of them.

    Read the texts on this

    Under paragraph 5, Titles I to IV of Part Two (general principles, border crossing, safeguards, and implementation and evaluation), Title II of Part Three (customs, indirect taxation and trade) and Title III of Part Four (social security coordination) cease to apply from the day those administrative arrangements are suspended or terminated under their own terms. They apply again from the day the suspension is lifted or new administrative arrangements are concluded. The text does not say whether the suspension or termination of one of the arrangements is enough, or whether it must be all of them.

    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 referred to in Articles , , , , , , and of this Agreement and in the Protocol on Social Security Coordination are suspended or terminated in accordance with the provisions thereof. They shall start applying anew as from the day on which the suspension of those administrative arrangements is lifted or on which new administrative arrangements are concluded.

    Article 336

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