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Both waysThe Parties assist each other in carrying out tasks that flow from the treaty and any supplementing agreement.
Agreement (CP 1645), Article 5(1) · Institutions and disputes
“The Parties shall, in full mutual respect and good faith, assist each other in carrying out tasks”
Not statedFormal communications and decisions made by or addressed to Gibraltar authorities go through the UK FCDO (or other UK-based body).
Agreement (CP 1645), Article 6(1) · Institutions and disputes
“Formal communications and decisions to be notified, made by or addressed to the Gibraltar competent authorities shall be transmitted through the Foreign, Commonwealth and Development Office”
One way: Gibraltar to Spain/EUThe FCDO certifies as authentic Gibraltar authority documents whose decisions are to be enforced directly before a court or authority in an EU country.
Agreement (CP 1645), Article 6(2) · Institutions and disputes
“The FCDO shall certify as authentic documents issued by the competent authorities of Gibraltar where decisions are to be directly enforced before a court or other enforcement authority in a Member State”
Not statedAll physical barriers are removed under the implementation plan in the UK (for Gibraltar) - Spain administrative arrangement.
Agreement (CP 1645), Article 7 · Institutions and disputes
“All physical barriers shall be removed in accordance with the implementation plan”
Both waysParties cooperate and hold regular dialogue on WMD, arms control and counter-terrorism, including operational cooperation and exchange of information.
Agreement (CP 1645), Article 10(3), 11(4), 13(1)-(3) · Other
“The Parties shall cooperate at the bilateral, regional and international levels to prevent and combat acts of terrorism … operational cooperation and exchange of information”
One way: Spain/EU to GibraltarGibraltar's data protection law in Annex 3 areas is interpreted in accordance with European Data Protection Board acts as for EU countries.
Agreement (CP 1645), Article 14(4) · Other
“shall be interpreted in accordance with the relevant acts of the European Data Protection Board … in the same manner and under the same conditions as they apply to the Member States”
One way: Spain/EU to GibraltarGibraltar's data protection authority takes utmost account of decisions of the competent supervisory authority and the Board.
Agreement (CP 1645), Article 14(5) · Other
“shall take utmost account of decisions taken by the competent supervisory authority pursuant to Article 60”
One way: Spain/EU to GibraltarGibraltar's data protection authority may be invited to Board meetings only in limited cases, as expert or guest, limited to relevant agenda points.
Agreement (CP 1645), Article 14(6) · Other
“may be invited to meetings of the Board only in cases where decisions addressed to that supervisory authority are discussed”
One way: Spain/EU to GibraltarGibraltar is kept informed whenever the EU intends to adopt a data protection adequacy decision.
Agreement (CP 1645), Article 14(8) · Other
“Whenever the Union intends to adopt an adequacy decision … the United Kingdom, in respect of Gibraltar, shall be kept duly informed”
Both waysThe Parties endeavour to cooperate on global issues and coordinate positions in multilateral organisations.
Agreement (CP 1645), Article 15(2) · Institutions and disputes
“the Parties shall endeavour to cooperate on current and emerging global issues of common interest”
Both waysEither Party may terminate or suspend the treaty for serious failure of an essential element by the other, after requesting a Cooperation Council meeting and 30 days.
Agreement (CP 1645), Article 16(2)-(3) · Institutions and disputes
“If either Party considers that there has been a serious and substantial failure by the other Party … it may decide to terminate or suspend the operation of this Agreement”
Both waysThe EU and the UK for Gibraltar shall not weaken nuclear safety and security protection levels below those applying until 31 December 2020.
Agreement (CP 1645), Article 17(1), 17(5) · Other
“the Union and the United Kingdom, in respect of Gibraltar, shall not weaken or reduce the levels of protection”
Both waysGibraltar-related Protocol extensions go ahead unless a Party notifies the other Party in writing that it does not accept the amendment.
Agreement (CP 1645), Article 17(6) · Other
“unless a Party has notified the other Party in writing that it does not accept the amendment”
One way: Gibraltar to Spain/EUThe UK for Gibraltar notifies the other Party of updates to nuclear accident operational arrangements within 3 months of effect; Annex 5 is amended.
Agreement (CP 1645), Article 17(7) · Other
“updates shall be notified to the other Party as soon as possible, but not later than 3 months after their entry into effect”
Both waysAn interpretation of the treaty by the courts of either Party is not binding on the courts of the other Party.
Agreement (CP 1645), Article 18(3) · Institutions and disputes
“an interpretation of this Agreement or any supplementing agreement given by the courts of either Party shall not be binding on the courts of the other Party”
One way: Spain/EU to GibraltarThe UK for Gibraltar must have in place in its law and effectively apply the same provisions as listed EU acts and certain later EU acts.
Agreement (CP 1645), Article 19(1) · Institutions and disputes
“The United Kingdom, in respect of Gibraltar, shall have in place in its domestic law, and effectively apply, the same provisions”
One way: Spain/EU to GibraltarThe EU immediately notifies Gibraltar (via the UK) of each subsequent EU act.
Agreement (CP 1645), Article 19(2) · Institutions and disputes
“Where the Union adopts a subsequent Union act, it shall immediately notify the United Kingdom, in respect of Gibraltar”
One way: Gibraltar to Spain/EUWithin 30 days Gibraltar notifies the EU whether it accepts and implements the subsequent act; acceptance creates rights and obligations between them.
Agreement (CP 1645), Article 19(3) · Institutions and disputes
“Within 30 days of the notification referred to in paragraph 2, the United Kingdom, in respect of Gibraltar, shall notify the Union”
One way: Gibraltar to Spain/EUGibraltar informs the EU of constitutional requirements and, in writing, of their fulfilment, and applies the act provisionally meanwhile.
Agreement (CP 1645), Article 19(4) · Institutions and disputes
“shall promptly inform the Union in writing upon fulfilment of all constitutional requirements”
One way: Gibraltar to Spain/EUIf Gibraltar refuses, fails to notify, or fails to report implementation within six weeks, the treaty is considered terminated unless the Cooperation Council decides otherwise within 90 days.
Agreement (CP 1645), Article 19(5) · Institutions and disputes
“this Agreement shall be considered terminated unless the Cooperation Council, after a careful examination of ways to continue the Agreement, decides otherwise”
Not statedArticle 19(1) provisions are interpreted and applied in conformity with the relevant case law of the Court of Justice of the EU.
Agreement (CP 1645), Article 20 · Institutions and disputes
“shall in their implementation and application be interpreted in conformity with the relevant case law of the Court of Justice of the European Union”
Both waysA Party shall not give a right of action under its law against the other Party for breach of the treaty.
Agreement (CP 1645), Article 21(2) · Institutions and disputes
“A Party shall not provide for a right of action under its law against the other Party”
Both waysThe Cooperation Council has representatives of the EU and of the UK for Gibraltar, meets at the request of either, and each Party may refer any issue to it.
Agreement (CP 1645), Article 22(1)-(3) · Institutions and disputes
“It shall meet at the request of the Union or the United Kingdom, in respect of Gibraltar … Each Party may refer to the Cooperation Council any issue”
Both waysEU-UK treaty committees comprise representatives of each Party, are co-chaired by an EU and a UK representative, and are a forum for the Parties to exchange information.
Agreement (CP 1645), Article 23(2)(e), 23(4)-(5) · Institutions and disputes
“Specialised Committees shall comprise representatives of each Party … co-chaired by a representative of the Union and a representative of the United Kingdom”
Not statedEU-UK treaty committees are informed as necessary of the UK (for Gibraltar) - Spain administrative arrangements on implementing the treaty.
Agreement (CP 1645), Article 23(3) · Institutions and disputes
“shall be informed as necessary of the implementation of the administrative arrangements concluded by the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain”
Both waysDecisions of the Cooperation Council or an EU-UK treaty committee bind the Parties and are adopted by mutual consent.
Agreement (CP 1645), Article 24 · Institutions and disputes
“shall be binding on the Parties and on all the bodies set up under this Agreement … shall adopt decisions and make recommendations by mutual consent”
Both waysUK for Gibraltar and Spain each set up border crossing points at Gibraltar port and airport where border checks are carried out.
Agreement (CP 1645), Article 29(1) · Schengen checks
“the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set up border crossing points at Gibraltar port and airport”
Both waysBorder checks may be moved to the airport crossing point; UK for Gibraltar and Spain ensure arriving port passengers and crew are escorted to it.
Agreement (CP 1645), Article 29(3) · Schengen checks
“the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall ensure that passengers and crew members arriving at the port are escorted from the port to the airport border crossing point”
Both waysUK for Gibraltar and Spain allow automated border control systems at the crossing points for their respective checks of listed persons.
Agreement (CP 1645), Article 29(4) · Schengen checks
“The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall allow the use of automated border control systems”
Both waysEntry checks are done first by Gibraltar authorities then by Spanish; exit checks first by Spanish then by Gibraltar authorities.
Agreement (CP 1645), Article 29(5) · Schengen checks
“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”
Not statedAny second line checks must be carried out at the Second Line Checks Area.
Agreement (CP 1645), Article 29(6) · Schengen checks
“Any second line checks must be carried out at the Second Line Checks Area.”
Both waysEntry conditions required by Gibraltar and by Spanish authorities are cumulative; UK for Gibraltar undertakes to align Gibraltar entry conditions with EU law.
Agreement (CP 1645), Article 29(7) · Schengen checks
“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”
Both waysUK for Gibraltar and Spain ensure entry into Gibraltar from outside Schengen only takes place via the border crossing points.
Agreement (CP 1645), Article 29(8) · Schengen checks
“The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall ensure that entry into Gibraltar from outside the Schengen area”
Both waysGibraltar and Spanish authorities may allow entry into Gibraltar other than via crossing points in listed cases.
Agreement (CP 1645), Article 29(9) · Schengen checks
“the competent authorities of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain may allow the entry into Gibraltar other than via the border crossing points”
Both waysUK for Gibraltar and Spain ensure border crossing infrastructure is in place and maintained, meeting Annex 7 and set out in the Article 33(6) administrative arrangement.
Agreement (CP 1645), Article 29(10) · Schengen checks
“The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall ensure that the necessary infrastructure is in place and maintained”
Both waysListed Annex VI Schengen Borders Code points apply to Spanish checks; information they require goes simultaneously to Gibraltar and Spanish authorities.
Agreement (CP 1645), Article 29(11) · Schengen checks
“Any information to be provided under those points is to be provided simultaneously and without delay to both the competent authorities of the United Kingdom, in respect of Gibraltar, and the competent authorities of the Kingdom of Spain.”
Both waysThe Parties ensure persons may circulate between Gibraltar and EU Schengen countries without border checks, irrespective of nationality.
Agreement (CP 1645), Article 30(1) · Schengen checks
“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”
Both waysEU countries or UK for Gibraltar may exceptionally reinstate border control between Gibraltar and Schengen states for limited periods in case of serious threat.
Agreement (CP 1645), Article 30(2) · Schengen checks
“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”
Both waysWhichever side reinstates or prolongs border control informs the other Party, four weeks ahead or within 48 hours if urgent.
Agreement (CP 1645), Article 30(3) · Schengen checks
“the Union, where the border control is reinstated by a Member State, or the United Kingdom, in respect of Gibraltar, where the border control is reinstated by the latter, shall inform the other Party thereof”
Both waysWhen informing, the reinstating side gives the other Party the grounds, crossing points, dates and measures the other Party could take.
Agreement (CP 1645), Article 30(4) · Schengen checks
“the Union, where the border control is reinstated by a Member State, or the United Kingdom, in respect of Gibraltar, where the border control is reinstated by the latter, shall provide the other Party with the following information”
Both waysThe Parties ensure the public are informed in a coordinated manner of a decision to reinstate or prolong border control.
Agreement (CP 1645), Article 30(5) · Schengen checks
“The Parties shall ensure that the public are informed in a coordinated manner of a decision to reinstate or prolong border control”
One way: Spain/EU to GibraltarThe UK's authorities for Gibraltar have no access to information systems and databases established under EU law.
Agreement (CP 1645), Article 31 · Schengen checks
“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”
Not statedGibraltar authorities exercise border control (checks and surveillance) under the Gibraltar Immigration, Asylum and Refugee Act.
Agreement (CP 1645), Article 32(1) · Schengen checks
“the competent authorities of the United Kingdom, in respect of Gibraltar, shall exercise border control, comprising border checks and border surveillance”
One way: Gibraltar to Spain/EUIf Gibraltar authorities intend to refuse entry, they immediately inform Spanish authorities at the crossing point and escort the person to the Second Line Checks Area for Spanish review.
Agreement (CP 1645), Article 32(2) · Schengen checks
“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”
Both waysIf Spain finds the person has free movement rights, Spain shall allow entry; Gibraltar authorities shall allow such a person to enter Spain or an EU Schengen country.
Agreement (CP 1645), Article 32(3) · Schengen checks
“fulfils entry and stay conditions under Union law, the competent authorities of the Kingdom of Spain shall allow the person to enter the Member States applying the Schengen acquis in full … The competent authorities of the United Kingdom, in respect of Gibraltar, shall allow such a person to enter the Kingdom of Spain”
One way: Spain/EU to GibraltarSpanish authorities perform functions required to exercise border control (checks and surveillance) under the Schengen Borders Code, for the treaty.
Agreement (CP 1645), Article 33(1) · Schengen checks
“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”
One way: Spain/EU to GibraltarBorder surveillance by Spain is carried out between border crossing points in Gibraltar, including outside opening hours.
Agreement (CP 1645), Article 33(3) · Schengen checks
“Border surveillance is to be carried out between border crossing points in Gibraltar including the surveillance of border crossing points outside the fixed”
One way: Spain/EU to GibraltarSpanish authorities have the right to perform border checks including second line checks and refuse entry to third-country nationals not meeting Schengen entry conditions.
Agreement (CP 1645), Article 33(4)(a) · Schengen checks
“border check functions, comprising, inter alia, the right to: … perform border checks on persons, including second line checks, in accordance with the Schengen Borders Code”
One way: Spain/EU to GibraltarSpanish authorities have the right to prevent unauthorised crossings, take measures against persons who crossed illegally including apprehending them, and perform border surveillance by stationary or mobile units.
Agreement (CP 1645), Article 33(4)(b) · Surveillance and pursuit
“border surveillance functions, comprising, inter alia, the right to: … prevent unauthorised border crossings, and take measures against persons who have crossed the border illegally, including apprehending such persons”
One way: Spain/EU to GibraltarSpanish authorities have the right to use IT and information systems processing personal data and take follow-up actions.
Agreement (CP 1645), Article 33(4)(c)(i) · Schengen checks
“functions carried out both for border checks and border surveillance, comprising, inter alia, the right to: … use IT systems and information systems processing personal data”
One way: Spain/EU to GibraltarSpanish authorities have the right to arrest, search, detain, interview, place under protection, and seize or search property in the course of border control.
Agreement (CP 1645), Article 33(4)(c)(ii) · Schengen checks
“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”
One way: Spain/EU to GibraltarSpanish authorities accept applications for international protection presented to them.
Agreement (CP 1645), Article 33(4)(c)(iii) · Schengen checks
“accept applications for international protection presented by any”
One way: Gibraltar to Spain/EUGibraltar authorities shall, where necessary, assist Spanish authorities in their functions and facilitate them.
Agreement (CP 1645), Article 33(5) · Schengen checks
“The competent authorities of the United Kingdom, in respect of Gibraltar, shall, where necessary, assist the competent authorities of the Kingdom of Spain in the exercise of their functions”
Both waysAdministrative arrangements between UK for Gibraltar and Spain set out practical arrangements for Spanish duties, operational cooperation and layout of border checks.
Agreement (CP 1645), Article 33(6) · Schengen checks
“Administrative arrangements between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set out the practical arrangements”
Both waysGibraltar and Spanish authorities each follow up alerts in their respective databases under applicable law.
Agreement (CP 1645), Article 34(1) · Schengen checks
“the competent authorities of the United Kingdom, in respect of Gibraltar, and the competent authorities of the Kingdom of Spain shall, respectively, follow up on alerts in their respective databases”
Not statedWhere alerts require coercive action, the person is escorted to the Second Line Checks Area; for discreet alerts, the authority that identified the alert may collect information at routine checks.
Agreement (CP 1645), Article 34(2) · Surveillance and pursuit
“the person concerned shall be escorted to the Second Line Checks Area”
One way: Gibraltar to Spain/EUWhere coercive action rests on alerts only in Gibraltar systems, Gibraltar authorities take follow-up under Gibraltar law.
Agreement (CP 1645), Article 34(3) · Schengen checks
“the competent authorities of the United Kingdom, in respect of Gibraltar, shall take the appropriate follow-up actions under the applicable domestic law of the United Kingdom”
One way: Spain/EU to GibraltarWhere coercive action rests on alerts only in Spanish systems, Spanish authorities take follow-up under national and EU law.
Agreement (CP 1645), Article 34(4) · Schengen checks
“the competent authorities of the Kingdom of Spain shall take the appropriate follow-up actions under national and Union law”
Not statedFor arrest or detention under 34(3) and (4): on entry checks the person shall not object or may choose to be refused entry; on exit the person shall not object or may choose to be required to exit.
Agreement (CP 1645), Article 34(5) · Schengen checks
“the person shall not object to the arrest or detention; or alternatively the person shall be given the choice to be refused entry”
Both waysWhere alerts in both Gibraltar and Spanish systems require coercive action, both authorities agree who acts or acts first, except under paragraphs 7 and 9.
Agreement (CP 1645), Article 34(6) · Schengen checks
“the competent authorities of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain shall agree on the authority which will carry out the action”
One way: Spain/EU to GibraltarWhere arrest, detention or seizure is required on both sets of alerts and only one authority can act, Spanish authorities take the action; either authority may request a stay on human-rights or extradition grounds.
Agreement (CP 1645), Article 34(7) · Surveillance and pursuit
“the action shall be taken by the competent authorities of the Kingdom of Spain, in accordance with the applicable national and Union law”
Both waysEither Gibraltar or Spanish authorities notify the other of the termination of coercive action under paragraphs 6 and 7.
Agreement (CP 1645), Article 34(8) · Schengen checks
“The competent authorities of either the United Kingdom, in respect of Gibraltar, or the Kingdom of Spain, shall notify the other competent authorities of the termination of coercive action”
One way: Gibraltar to Spain/EUWhere Spanish authorities require arrest or detention of a Gibraltar resident, only Gibraltar authorities may carry it out, on Spanish request, and they notify Spain of the action for fast extradition.
Agreement (CP 1645), Article 34(9) · Surveillance and pursuit
“the action may only be carried out by the competent authorities of the United Kingdom, in respect of Gibraltar. The competent authorities of the United Kingdom, in respect of Gibraltar, shall, upon request by the competent authorities of the Kingdom of Spain”
Both waysThe Article is without prejudice to the obligations of UK for Gibraltar and Spain under the Statute of the International Criminal Court.
Agreement (CP 1645), Article 34(11) · Institutions and disputes
“the obligations of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain under the Statute of the International Criminal Court”
One way: Gibraltar to Spain/EUGibraltar authorities enforce refusals of entry for third-country nationals failing Gibraltar-law entry conditions only, in accordance with Article 32.
Agreement (CP 1645), Article 35(1) · Schengen checks
“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”
One way: Spain/EU to GibraltarSpanish authorities enforce refusals of entry for third-country nationals failing EU-law entry conditions only, under Article 33(4)(a)(ii).
Agreement (CP 1645), Article 35(2) · Schengen checks
“shall enforce a refusal of entry in respect of third-country nationals who do not fulfil entry conditions under Union law, only”
Both waysGibraltar and Spanish authorities jointly enforce refusals where entry conditions fail under both Gibraltar law and EU law.
Agreement (CP 1645), Article 35(3) · Schengen checks
“The competent authorities of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain, shall jointly enforce a refusal of entry”
Not statedRefusals of entry are enforced after any follow-up to alerts in the systems of Gibraltar and Spanish authorities under Article 34.
Agreement (CP 1645), Article 35(4) · Schengen checks
“Refusals of entry in accordance with this Article shall be enforced after any action which may have been taken as a follow-up to an alert”
Not statedSchengen carriers' liability provisions apply to UK for Gibraltar and in Gibraltar for sea and air transport to Gibraltar of third-country persons lacking travel documents.
Agreement (CP 1645), Article 36 · Schengen checks
“shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, for the transport to Gibraltar by sea or air from a third country of persons”
One way: Gibraltar to Spain/EUUK for Gibraltar ensures carriers transfer advance passenger information on flights from outside Schengen arriving at the airport to the authorities of Spain.
Agreement (CP 1645), Article 37 · Schengen checks
“The United Kingdom, in respect of Gibraltar, 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”
One way: Gibraltar to Spain/EUUK makes available to Spain information needed to identify non-resident UK Forces and others arriving by State aircraft or vessels; Liaison Officers identify them on arrival or departure.
Agreement (CP 1645), Article 38(3) · Schengen checks
“the United Kingdom shall make information available to the Kingdom of Spain necessary for the identification of such persons”
Both waysForces, civilian component and household members entering or leaving a Schengen state are subject to Schengen border checks; UK and Spain inform them of the duty and of possible disciplinary action.
Agreement (CP 1645), Article 38(7) · Schengen checks
“The United Kingdom and the Kingdom of Spain shall inform these persons of the obligation to undergo such checks”
Not statedNon-resident UK Forces and visiting third-country forces are exempt from passport and visa rules and Schengen border checks at the crossing points, on conditions, without gaining residence rights.
Agreement (CP 1645), Article 38(1) · Schengen checks
“such persons shall be exempt from passport and visa regulations and the Schengen border checks in accordance with Article 33”
Not statedCivilian component or household members who are not UK citizens or UK or CTA residents are subject to Schengen border checks under Article 33.
Agreement (CP 1645), Article 38(6) · Schengen checks
“shall be subject to Schengen border checks as provided for in Article 33”
Both waysEU citizens and others may enter Gibraltar visa-free for 90 days in 180; Gibraltar residents may do the same in Schengen States.
Agreement (CP 1645), Article 41(1) · Mobility
“may enter and stay in Gibraltar without a visa for a maximum period of 90 days … Persons resident in Gibraltar may enter and stay, without a visa”
Both waysEach EU country may impose a visa requirement on Gibraltar residents travelling for paid activity; the UK for Gibraltar may do the same for EU travellers.
Agreement (CP 1645), Article 41(2) · Mobility
“each Member State may decide to impose a visa requirement on persons resident in Gibraltar … the United Kingdom, in respect of Gibraltar, may decide to impose a visa requirement on such persons”
Not statedAt EU country external borders (incl. Article 29(1) crossing points) Gibraltar residents get no entry/exit stamp and are exempt from the Entry/Exit System and ETIAS.
Agreement (CP 1645), Article 42(1)-(2) · Schengen checks
“no entry or exit stamp shall be affixed to the travel documents of persons resident in Gibraltar … shall be exempt from the requirements of the Entry/Exit System”
Not statedGibraltar residents are not checked against Schengen Borders Code Article 6(1)(c) and may not be prevented from crossing when entering Gibraltar at Article 29(1) crossing points.
Agreement (CP 1645), Article 43(1)-(2) · Schengen checks
“shall not be subject to verifications with regard to fulfilment of the conditions laid down in point (c) of Article 6(1) … shall in any event not be prevented from crossing the border crossing points”
One way: Spain/EU to GibraltarGibraltar residents not meeting entry conditions must be authorised to enter EU country territory in transit to reach Gibraltar, unless on that country's alert list with refusal instruction.
Agreement (CP 1645), Article 44 · Schengen checks
“shall be authorised to enter the territory of the Member States for transit purposes so that they may reach Gibraltar”
One way: Gibraltar to Spain/EUThe UK for Gibraltar must ensure identity cards and residence permits issue only to persons meeting the conditions in legislation in force at entry into force.
Agreement (CP 1645), Article 45(2) · Other
“shall ensure that any identity card or residence permit issued in Gibraltar is issued only to a person who meets the conditions”
One way: Gibraltar to Spain/EUThe UK for Gibraltar must inform the Cooperation Council of proposed changes to the legislation; the Council gives its opinion within one month.
Agreement (CP 1645), Article 45(4) · Institutions and disputes
“shall inform the Cooperation Council whenever changes are proposed to be made to the conditions”
One way: Gibraltar to Spain/EUThe UK for Gibraltar must ensure residence permits are issued or renewed only under the procedure in Articles 50 and 51 (which include notice to Spain).
Agreement (CP 1645), Article 45(7) · Mobility
“shall ensure that residence permits issued in Gibraltar are issued or renewed only in accordance with the procedure set out in Articles 50 and 51”
One way: Gibraltar to Spain/EUThe UK for Gibraltar must review risks from Gibraltar residents travelling to Schengen States and give Spain a risk assessment at least every three months.
Agreement (CP 1645), Article 46(1), first subparagraph · Schengen checks
“shall regularly, and at a minimum, every three months, provide such a risk assessment to the Kingdom of Spain”
One way: Gibraltar to Spain/EUWhere it has grounds to see a serious threat from a Gibraltar resident, the UK for Gibraltar must inform Spain without delay with the grounds.
Agreement (CP 1645), Article 46(1), second subparagraph · Schengen checks
“it shall inform the Kingdom of Spain without delay setting out the grounds upon which that assessment is based”
One way: Spain/EU to GibraltarIf Spain decides a Gibraltar resident is barred from travelling to the EU countries that apply the Schengen rules in full, it must notify the Gibraltar authorities, with reasons and means of appeal in Spanish courts.
Agreement (CP 1645), Article 46(2) · Schengen checks
“it shall notify the authorities of the United Kingdom, in respect of Gibraltar, of that prohibition”
One way: Gibraltar to Spain/EUOn receiving Spain's notification the UK for Gibraltar must inform the person and take all necessary steps to prevent prohibited travel, including through police and judicial cooperation with Spain.
Agreement (CP 1645), Article 46(3) · Schengen checks
“take all necessary steps to prevent prohibited travel to the Schengen area, including through police and judicial cooperation with the Kingdom of Spain”
Not statedThird-country nationals needing (or exempt from) a short-stay visa for the EU countries must (or need not) have a visa for Gibraltar.
Agreement (CP 1645), Article 47(1)-(2) · Mobility
“shall also be required to be in possession of a visa to enter and stay in Gibraltar … shall not be required to be in possession of a visa to enter and stay in Gibraltar”
One way: Spain/EU to GibraltarEU short-stay visas are also valid for Gibraltar for 90 days in 180; where the main purpose is to stay in Gibraltar, Spain issues the visa.
Agreement (CP 1645), Article 47(3) · Mobility
“shall also be valid for entry and stay in Gibraltar for a maximum period of 90 days in any 180-day period … the Kingdom of Spain, as the neighbouring Member State, shall issue the visa”
One way: Spain/EU to GibraltarSpain must notify the UK for Gibraltar when it intends to issue a visa mainly for Gibraltar.
Agreement (CP 1645), Article 47(4), first sentence · Mobility
“The Kingdom of Spain shall notify the United Kingdom, in respect of Gibraltar, when it intends to issue a visa”
One way: Gibraltar to Spain/EUIf the UK for Gibraltar considers a visa should not be issued on serious public policy, security or health grounds it informs Spain; the Spanish visa is then not valid for Gibraltar.
Agreement (CP 1645), Article 47(4), second sentence · Mobility
“it shall inform the Kingdom of Spain. In that case, any visa issued by the Kingdom of Spain”
One way: Gibraltar to Spain/EUThe UK for Gibraltar may exceptionally issue a humanitarian short-stay visa (15 days, extendable by 15) at the Article 29(1) crossing points, valid only for Gibraltar and not giving a right to enter EU countries.
Agreement (CP 1645), Article 48(2)-(3) · Mobility
“in respect of Gibraltar, may exceptionally issue … It shall not give the holder the right to enter the territory of the Member States”
One way: Spain/EU to GibraltarIf Spain objects to issuing or extending an exceptional visa on public policy, security or health grounds, it informs the UK for Gibraltar, which must refrain from issuing.
Agreement (CP 1645), Article 48(4) · Mobility
“it shall inform the United Kingdom, in respect of Gibraltar, of its objection to issuance of such a visa … shall refrain from issuing a visa at the external borders”
One way: Spain/EU to GibraltarWhere Gibraltar issues or extends an exceptional visa it must allow Spanish authorities to record the applicant's data including biometrics; Spain enters it in the VIS.
Agreement (CP 1645), Article 48(5) · Mobility
“it shall allow the competent authorities of the Kingdom of Spain to record the data of the applicant, including biometric identifiers”
Not statedNo more than 15 exceptional visas a year; the figure may be amended by the Cooperation Council.
Agreement (CP 1645), Article 48(6) · Mobility
“shall not exceed 15 in any calendar year”
One way: Gibraltar to Spain/EUThe UK for Gibraltar must give Spain specimens of the exceptional visas and any change, for information.
Agreement (CP 1645), Article 48(7) · Mobility
“shall provide the Kingdom of Spain with specimens of such visas and any subsequent modification thereto for information purposes”
One way: Gibraltar to Spain/EUBefore issuing or renewing a residence permit, the Gibraltar authorities must notify the Spanish authorities.
Agreement (CP 1645), Article 50(2) · Mobility
“shall notify the competent authorities of the Kingdom of Spain”
One way: Spain/EU to GibraltarWithin 28 days Spain may object to a permit on threat grounds (Schengen rules); Gibraltar then must not issue or renew and informs the applicant; Spain informs the applicant on request.
Agreement (CP 1645), Article 50(3) · Mobility
“the competent authorities of the Kingdom of Spain may inform the competent authorities of the United Kingdom, in respect of Gibraltar, of their objection … shall not issue or renew the residence permit”
One way: Spain/EU to GibraltarSpain may extend the 28 days by up to 14 days; no reply by expiry counts as a positive response; Gibraltar must not issue before the extended period ends.
Agreement (CP 1645), Article 50(4) · Mobility
“may notify the competent authorities of the United Kingdom, in respect of Gibraltar, that the period of 28 days referred to in paragraph 3 is extended by a maximum of 14 days”
One way: Spain/EU to GibraltarWhere grounds exist to object to a permit holder, Spain shall request withdrawal; the UK, for Gibraltar, must withdraw without delay and give the holder Spain's contact details.
Agreement (CP 1645), Article 50(5) · Mobility
“the competent authorities of the Kingdom of Spain shall request the competent authorities of the United Kingdom, in respect of Gibraltar, to withdraw that residence permit … shall withdraw the residence permit without delay”
One way: Gibraltar to Spain/EUThe UK, for Gibraltar, must give Spain specimens of permits and changes so Spain can notify the Commission.
Agreement (CP 1645), Article 50(8) · Mobility
“shall provide the Kingdom of Spain with specimens of permits in respect of Gibraltar and any subsequent modification thereto”
One way: Spain/EU to GibraltarSpain designates the authority responsible for receiving the information under the Article.
Agreement (CP 1645), Article 50(9), first sentence · Mobility
“The Kingdom of Spain shall designate, in accordance with Article 68, the authority responsible for receiving the information”
One way: Gibraltar to Spain/EUThe UK for Gibraltar notifies the authority receiving applications, issuing permits and submitting information to Spain.
Agreement (CP 1645), Article 50(9), second sentence · Mobility
“United Kingdom, in respect of Gibraltar, shall notify, in accordance with Article 68”
One way: Spain/EU to GibraltarThe EU must tell the UK for Gibraltar in advance the date VIS operations start.
Agreement (CP 1645), Article 50(11) · Mobility
“The Union shall inform the United Kingdom, in respect of Gibraltar, of the date on which the operations referred to in paragraph 10 will start”
Not statedFor persons posted to UK Forces or the UK for Gibraltar (and household) to whom Spain objected, a residence permit limited to Gibraltar must be issued.
Agreement (CP 1645), Article 50(13) · Mobility
“they shall be issued a residence permit with territorial validity limited to Gibraltar”
One way: Gibraltar to Spain/EUBefore issuing or renewing a residence permit, the Gibraltar authorities must notify the Spanish authorities.
Agreement (CP 1645), Article 51(2) · Mobility
“shall notify the competent authorities of the Kingdom of Spain”
One way: Gibraltar to Spain/EUGibraltar must ensure data needed for Spain to comply with the VIS Regulation is collected lawfully and transferred to Spain within two working days of a permit application.
Agreement (CP 1645), Article 51(3) · Mobility
“is collected and transferred to the competent authorities of the Kingdom of Spain within two working days of the application being made”
One way: Spain/EU to GibraltarWithin 28 days Spain may object to a permit on threat grounds; Gibraltar then must not issue or renew and informs the applicant; Spain informs the applicant on request.
Agreement (CP 1645), Article 51(4) · Mobility
“the competent authorities of the Kingdom of Spain may inform the competent authorities of the United Kingdom, in respect of Gibraltar, of their objection … shall not issue or renew the residence permit”
One way: Spain/EU to GibraltarSpain may extend the 28 days by up to 14 days; silence is a positive response; Gibraltar must not issue before the extended period ends.
Agreement (CP 1645), Article 51(5) · Mobility
“may notify the competent authorities of the United Kingdom, in respect of Gibraltar, that the period of 28 days referred to in paragraph 4 is extended by a maximum of 14 days”
One way: Spain/EU to GibraltarWhere grounds exist to object to a permit holder, Spain shall request withdrawal; the UK, for Gibraltar, must withdraw without delay.
Agreement (CP 1645), Article 51(6) · Mobility
“the competent authorities of the Kingdom of Spain shall request the competent authorities of the United Kingdom, in respect of Gibraltar, to withdraw that residence permit … shall withdraw the residence permit without delay”
One way: Gibraltar to Spain/EUThe UK, for Gibraltar, must give Spain specimens of permits and changes so Spain can notify the Commission.
Agreement (CP 1645), Article 51(9) · Mobility
“shall provide the Kingdom of Spain with specimens of permits in respect of Gibraltar and any subsequent modification thereto”
One way: Spain/EU to GibraltarSpain designates the authority responsible for receiving the information under the Article.
Agreement (CP 1645), Article 51(10), first sentence · Mobility
“The Kingdom of Spain shall designate, in accordance with Article 68, the authority responsible for receiving the information”
One way: Gibraltar to Spain/EUThe UK for Gibraltar notifies the authority receiving applications, issuing permits and submitting information to Spain.
Agreement (CP 1645), Article 51(10), second sentence · Mobility
“United Kingdom, in respect of Gibraltar, shall notify, in accordance with Article 68”
Not statedFor persons posted to UK Forces or the UK for Gibraltar (and household) to whom Spain objected, a residence permit limited to Gibraltar must be issued.
Agreement (CP 1645), Article 51(12) · Mobility
“they shall be issued a residence permit with territorial validity limited to Gibraltar”
One way: Gibraltar to Spain/EUThe UK, for Gibraltar, must give Spain specimens of pre-existing permits and changes so Spain can notify the Commission.
Agreement (CP 1645), Article 52(2) · Mobility
“shall provide the Kingdom of Spain with specimens of such permits and any subsequent modification thereto”
One way: Spain/EU to GibraltarGibraltar must notify Spain of holders of permits in force at entry into force; Spain may check them in databases and request withdrawal; the UK, for Gibraltar, must withdraw, subject to appeal in a national court.
Agreement (CP 1645), Article 52(3) · Mobility
“shall notify the competent authorities of the Kingdom of Spain of the holders of residence permits in force … may, on the basis of checks on such persons in the relevant Union, national and international databases”
One way: Gibraltar to Spain/EUAn asylum applicant in Gibraltar is escorted to the Second Line Checks Area and the Gibraltar authorities must immediately inform the Spanish authorities.
Agreement (CP 1645), Article 53(2) · Other
“shall immediately inform the competent authorities of the Kingdom of Spain, subject to paragraph 5”
Not statedA person going through Article 29(2) border checks may apply for international protection before either Gibraltar's or Spain's authorities; each side is responsible for the application made before it.
Agreement (CP 1645), Article 53(3)-(4) · Other
“before the competent authorities of the United Kingdom, in respect of Gibraltar, or before those of the Kingdom of Spain … the Kingdom of Spain shall be responsible for the examination of that application”
One way: Gibraltar to Spain/EUWhere Gibraltar examines an application it must apply standards at least equivalent to those in the EU.
Agreement (CP 1645), Article 53(6) · Other
“shall be processed in accordance with standards that are at least equivalent to those applicable in the Union”
One way: Spain/EU to GibraltarSpain, informed of an application, may within 14 days object to the grant; Gibraltar must refrain from granting until it has considered Spain's information and must notify Spain of the final decision and reasons.
Agreement (CP 1645), Article 53(7), first subparagraph · Other
“they may inform the competent authorities of the United Kingdom, in respect of Gibraltar, within 14 days of their objection … shall refrain from granting international protection”
One way: Spain/EU to GibraltarSpain may extend the 14 days by up to 14 days; silence counts as a positive response; Gibraltar must not grant before the extended period ends.
Agreement (CP 1645), Article 53(7), second subparagraph · Other
“shall notify the competent authorities of the United Kingdom, in respect of Gibraltar, if the period of 14 days referred to in the first subparagraph is to be extended”
One way: Gibraltar to Spain/EUThe UK, for Gibraltar, must take all necessary measures to prevent a non-EU asylum applicant from entering the EU countries during the procedure.
Agreement (CP 1645), Article 53(8), first subparagraph · Other
“it shall take all necessary measures to ensure that an applicant, other than a Union citizen, is not permitted to enter, and is prevented from entering, the territory of the Member States”
One way: Spain/EU to GibraltarSpain's authorities must take the data of non-EU asylum applicants within 72 hours of escort to the Second Line Checks Area and transmit it to Eurodac.
Agreement (CP 1645), Article 53(8), second subparagraph · Other
“The competent authorities of the Kingdom of Spain shall as soon as possible and no later than 72 hours … take the data of persons, other than Union citizens”
Not statedWhere Gibraltar is responsible and the applicant has irregularly travelled to an EU country (or a Dublin-type State), the applicant shall be returned to Gibraltar.
Agreement (CP 1645), Article 53(10) · Other
“the applicant shall be returned to Gibraltar”
Both waysCompetent authorities of EU countries and of UK for Gibraltar assist each other with relevant information for crime, penalties, public safety and money laundering purposes.
Agreement (CP 1645), Article 54(1) · Police and judicial cooperation
“competent authorities of the Member States and of the United Kingdom, in respect of Gibraltar … to assist each other through the provision of relevant information”
Both waysInformation may be requested by, or provided spontaneously to, a competent authority of UK for Gibraltar or of an EU country.
Agreement (CP 1645), Article 54(3) · Police and judicial cooperation
“may be requested by a competent authority of the United Kingdom, in respect of Gibraltar, or of a Member State … Information may be requested and provided to the extent that the conditions of the domestic law which applies to the requesting or providing competent authority”
Not statedIn urgent cases the providing competent authority shall respond to a request or provide information as soon as possible.
Agreement (CP 1645), Article 54(5) · Police and judicial cooperation
“In urgent cases, the providing competent authority shall respond to a request, or provide information spontaneously, as soon as possible.”
Both waysProviding authority of either side may consent to information being used as evidence before a judicial authority of the requesting side; without consent it may not be so used.
Agreement (CP 1645), Article 54(6) · Police and judicial cooperation
“consent to the information being used for evidential purposes before a judicial authority in a Member State, where the requesting authority is of that Member State, or in the United Kingdom, in respect of Gibraltar … of Chapter 6 of Title V of this Part and in its domestic law, consent to the information being used for evidential purposes before a judicial authority in a Member State”
Both waysAuthorities of UK for Gibraltar or of Spain, keeping a person under surveillance in Spain or Gibraltar, may continue the surveillance in Gibraltar or Spain, respectively.
Agreement (CP 1645), Article 55(1) · Surveillance and pursuit
“or of the Kingdom of Spain which, as part of a criminal investigation, are keeping … in Gibraltar or the Kingdom of Spain, respectively … Administrative arrangements between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set out”
Both waysAdministrative arrangements between UK for Gibraltar and Spain set the practical modalities for continued surveillance.
Agreement (CP 1645), Article 55(2) · Surveillance and pursuit
“Administrative arrangements between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set out the practical modalities”
Both waysOfficers of UK for Gibraltar or of Spain pursuing a person caught in the act of an Annex 8 offence may continue pursuit in Spain or Gibraltar, respectively.
Agreement (CP 1645), Article 56(1) · Surveillance and pursuit
“Officers of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain who are pursuing an individual … may continue pursuit, in line with the relevant Schengen acquis, in Spain or Gibraltar, respectively. … Administrative arrangements between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set out”
Both waysAdministrative arrangements between UK for Gibraltar and Spain set practical modalities for pursuit.
Agreement (CP 1645), Article 56(2) · Surveillance and pursuit
“Administrative arrangements between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set out the practical modalities”
Both waysUK for Gibraltar and Spain shall install and keep communication lines and direct links for police and customs cooperation, including for surveillance and pursuit.
Agreement (CP 1645), Article 57(1) · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall install and keep in place communication lines”
Both waysUK for Gibraltar and Spain shall consider further ways of direct communication between their police and customs services; details laid down bilaterally.
Agreement (CP 1645), Article 57(2) · Police and judicial cooperation
“the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall consider further possibilities for enhancing direct communication”
Both waysAuthorities of the EU and EU countries, and of UK for Gibraltar, may introduce joint patrols and operations in which designated officers or officials from either side take part in operations in EU countries or Gibraltar.
Agreement (CP 1645), Article 58(1) · Surveillance and pursuit
“on the one side, and of the United Kingdom, in respect of Gibraltar, on the other side, may … officers or other officials from either side participate in operations within the Member States or in Gibraltar, as the case may be.”
Both waysThe EU (for its member countries) and UK for Gibraltar shall each make declarations naming competent authorities and setting conditions, including whether seconded officers may exercise executive powers and who is responsible for their actions.
Agreement (CP 1645), Article 58(2) · Surveillance and pursuit
“The Union in respect of its Member States and the United Kingdom, in respect of Gibraltar, shall make declarations regarding competent authorities … whether the designated officers or other officials referred to in paragraph 1 may exercise executive powers, the responsibility for actions committed by the seconding side's officers, as well as the applicable law.”
Both waysAny joint operation in an EU country or in Gibraltar must be explicitly authorised beforehand by that EU country or by UK for Gibraltar, which shall also take part.
Agreement (CP 1645), Article 58(3) · Surveillance and pursuit
“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 … 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.”
Both waysThe EU shall ensure UK-for-Gibraltar officers in a joint operation in an EU country may consult their own databases; UK for Gibraltar shall ensure EU country officers may do so in Gibraltar.
Agreement (CP 1645), Article 59 · Surveillance and pursuit
“The Union shall ensure that the designated officers or other officials of the United Kingdom, in respect of Gibraltar … The United Kingdom, in respect of Gibraltar, shall ensure that officers of Member States participating in joint operations”
Both waysEU countries in a joint operation and UK for Gibraltar must give each other's officers in their territory the same protection and assistance as their own officers.
Agreement (CP 1645), Article 60 · Surveillance and pursuit
“shall be required to provide each other's officers participating in that joint operation within their territory”
One way: Gibraltar to Spain/EUUK for Gibraltar shall ensure carriers transfer passenger name record data on flights arriving in Gibraltar to the competent authorities of Spain.
Agreement (CP 1645), Article 61 · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, shall ensure that carriers transfer passenger name record ("PNR") data concerning flights arriving in Gibraltar to the competent authorities of the Kingdom of Spain.”
Both waysOn a risk assessment, authorities of UK for Gibraltar and of Spain shall perform enhanced police checks in Gibraltar and in the contiguous frontier zone, respectively.
Agreement (CP 1645), Article 62(1) · Police and judicial cooperation
“the competent authorities of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain shall perform enhanced police checks in Gibraltar and in the contiguous frontier zone, respectively.”
One way: Spain/EU to GibraltarEU law listed in Annex 9 applies to UK for Gibraltar and in Gibraltar.
Agreement (CP 1645), Article 63 · Police and judicial cooperation
“The provisions of Union law listed in Annex 9 shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar.”
One way: Spain/EU to GibraltarUK for Gibraltar shall admit EU and EU-country representatives and agency experts evaluating Spain's Schengen application, assist them, and let them visit and inspect infrastructure in Gibraltar.
Agreement (CP 1645), Article 64 (first paragraph) · Institutions and disputes
“The United Kingdom, in respect of Gibraltar, shall admit Union and Member State representatives and experts designated by Union agencies”
One way: Spain/EU to GibraltarSpain shall inform UK for Gibraltar as soon as it is notified of an evaluation visit under Regulation (EU) 2022/922.
Agreement (CP 1645), Article 64 (second paragraph) · Institutions and disputes
“The Kingdom of Spain shall, as soon as it receives a notification for such visits”
Both waysEU-UK treaty committee on the circulation of persons shall evaluate implementation of Part Two within 4 years and report to the Cooperation Council, with a common assessment or the assessment of each Party.
Agreement (CP 1645), Article 65 · Institutions and disputes
“the common assessment of the representatives of the Parties or, in the alternative, the assessment of the representatives of each Party”
Both waysAfter the Article 65 evaluation, the EU (including at Spain's request) and the UK may terminate the treaty by written notification.
Agreement (CP 1645), Article 66(1) · Institutions and disputes
“the Union, including at the request of the Kingdom of Spain, and the United Kingdom may terminate this Agreement by written notification”
Both waysOn serious non-respect or serious and persistent internal-security threat, either Party after consultation may temporarily suspend its obligations under Titles I to V.
Agreement (CP 1645), Article 67(1) · Institutions and disputes
“either Party, after consultations with each other, may temporarily suspend the implementation of its obligations under Titles I to V of this Part.”
Both waysA Party intending to suspend shall notify the other Party through the Cooperation Council; EU countries and UK for Gibraltar shall then reinstate border control between the EU and Gibraltar.
Agreement (CP 1645), Article 67(2) · Institutions and disputes
“it shall without delay notify the other Party through the Cooperation Council … the Member States and the United Kingdom, in respect of Gibraltar, shall reinstate border control between the Union and Gibraltar.”
Both waysSpain and UK for Gibraltar shall make the notifications and designations under Articles 50(9) and 51(10); the EU and UK for Gibraltar shall make the Article 58(2) declarations, by entry into force.
Agreement (CP 1645), Article 68(1)-(2) · Institutions and disputes
“the Kingdom of Spain and the United Kingdom, in respect of Gibraltar, shall make the notifications and designations … the Union in respect of the Member States, and the United Kingdom, in respect of Gibraltar, shall make declarations referred to in”
One way: Gibraltar to Spain/EUUK for Gibraltar shall notify the EU of the identity of its competent authorities for Europol, Chapter 3 of Title V, arrest warrants and central authorities.
Agreement (CP 1645), Article 68(9) · Institutions and disputes
“the United Kingdom, in respect of Gibraltar, shall notify the Union of the identity of the following authorities”
One way: Spain/EU to GibraltarThe EU shall notify the UK of the identity of EU country authorities for arrest warrants, Article 142(4), Article 153 body and central authorities.
Agreement (CP 1645), Article 68(10) · Institutions and disputes
“the Union shall, on its behalf or on behalf of its Member States, as the case may be, notify the United Kingdom of the identity of the following authorities”
Both waysTitle V provides law enforcement and judicial cooperation between EU countries and EU bodies on one side, and UK for Gibraltar on the other, in criminal matters.
Agreement (CP 1645), Article 70(1) · Institutions and disputes
“between the Member States and Union institutions, bodies, offices and agencies, on the one side, and the United Kingdom, in respect of Gibraltar, on the other side”
One way: Gibraltar to Spain/EUUK for Gibraltar may notify the EU in writing that it will cease to operate Title V provisions in relation to an EU country that no longer takes part in analogous EU measures.
Agreement (CP 1645), Article 71(2) · Institutions and disputes
“The United Kingdom, in respect of Gibraltar, 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.”
One way: Spain/EU to GibraltarThe EU shall notify UK for Gibraltar of the date an EU country resumes participation, and shall inform it when an EU country ceases to participate.
Agreement (CP 1645), Article 71(5)-(6) · Institutions and disputes
“The Union shall notify the United Kingdom, in respect of Gibraltar, in writing, through diplomatic channels … the Union shall inform the United Kingdom, in respect of Gibraltar, when a Member State ceases to participate”
Both waysEuropol and competent authorities of UK for Gibraltar establish cooperative relations to support EU countries and the UK in preventing serious crime and terrorism.
Agreement (CP 1645), Article 72 · Police and judicial cooperation
“cooperative relations between Europol and the competent authorities of the United Kingdom, in respect of Gibraltar”
Not statedAll Chapter 2 communications and notifications are made through the UK's national contact point to Europol, or liaison officers seconded by the UK to Europol, unless Article 77(2) applies.
Agreement (CP 1645), Article 73 · Police and judicial cooperation
“All communications and notifications referred to in this Chapter shall be performed through the national contact point of the United Kingdom to Europol”
One way: Spain/EU to GibraltarThe EU-UK treaty committee on the circulation of persons may, on a proposal from the EU, amend Annex 10 when Europol's competence changes.
Agreement (CP 1645), Article 75(3) · Police and judicial cooperation
“the Specialised Committee on the Circulation of Persons may, upon a proposal from the Union, amend Annex 10 accordingly”
Both waysInformation and notifications between Europol and UK-for-Gibraltar authorities go through the UK contact point, except where direct exchange is needed in urgent cases and both Europol and the UK authority consider it appropriate.
Agreement (CP 1645), Article 77(2) · Police and judicial cooperation
“considered appropriate by both Europol and the relevant competent authority of the United Kingdom, in respect of Gibraltar”
Both waysLiaison officers seconded by the UK to Europol may facilitate cooperation for Gibraltar; a liaison officer seconded by Europol to the UK may do likewise.
Agreement (CP 1645), Article 77(4) · Police and judicial cooperation
“Liaison officers seconded by the United Kingdom to Europol, pursuant to Article 568(4) of the Trade and Cooperation Agreement … A liaison officer seconded by Europol to the United Kingdom may also facilitate the cooperation”
One way: Gibraltar to Spain/EUThe UK shall ensure the paragraph 4 liaison officers have speedy access to the relevant UK domestic databases for Gibraltar.
Agreement (CP 1645), Article 77(5) · Police and judicial cooperation
“The United Kingdom shall ensure that the liaison officers referred to in paragraph 4 have speedy access to the relevant domestic databases of the United Kingdom, in respect of Gibraltar”
Not statedLiaison officers for Gibraltar and UK-for-Gibraltar representatives may be invited to operational meetings; EU country and third-country officers, Europol staff may attend meetings they organise.
Agreement (CP 1645), Article 77(7) · Police and judicial cooperation
“may be invited to operational meetings”
Both waysEuropol and UK-for-Gibraltar competent authorities shall decide within six months of receipt whether transferred personal data are still necessary and tell the transferring authority.
Agreement (CP 1645), Article 78(4) · Police and judicial cooperation
“Europol and the competent authorities of the United Kingdom, in respect of Gibraltar, shall determine without undue delay”
Not statedThe transferring competent authority may set restrictions on access and use of transferred data; the receiving authority shall comply.
Agreement (CP 1645), Article 79(1)-(2) · Police and judicial cooperation
“The receiving competent authority shall comply with any restriction on access or further use”
Both waysEach Party shall ensure information transferred was lawfully collected, not obtained in violation of human rights, and not transferred if usable for a death penalty or cruel treatment.
Agreement (CP 1645), Article 79(3) · Police and judicial cooperation
“Each Party shall ensure that information transferred under this Chapter was collected, stored and transferred in accordance with its respective legal framework.”
Both waysUK for Gibraltar and Europol shall each ensure extra safeguards for personal data of victims, witnesses and persons under 18.
Agreement (CP 1645), Article 80(2) · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, and Europol shall each ensure”
Both waysThe Parties shall endeavour to cooperate to make data exchange between Europol and UK-for-Gibraltar authorities as quick as possible.
Agreement (CP 1645), Article 81 · Police and judicial cooperation
“the Parties shall endeavour to cooperate in the future with a view to ensuring that data exchanges between Europol and the competent authorities of the United Kingdom”
Both waysThe Parties agree on setting up and operating secure communication lines for information exchange under Chapter 2.
Agreement (CP 1645), Article 83(2) · Police and judicial cooperation
“The Parties agree on the establishment, implementation and operation of secure communication lines”
Both waysEuropol and UK-for-Gibraltar authorities may not plead the other transferred inaccurate data; each repays the other damages paid because of the other's erroneous information; no punitive damages claims.
Agreement (CP 1645), Article 84(1)-(3) · Police and judicial cooperation
“neither Europol nor the competent authorities of the United Kingdom, in respect of Gibraltar, may plead that the other competent authority had transferred inaccurate information … shall be repaid by the other”
Both waysDetails of cooperation between UK for Gibraltar and Europol are set in working and administrative arrangements concluded between Europol and the UK competent authorities.
Agreement (CP 1645), Article 86(1) · Police and judicial cooperation
“concluded between Europol and the competent authorities of the United Kingdom”
Both waysUK for Gibraltar and Europol shall each publish a document on personal-data processing, give the other a copy, and send copies of practical enforcement arrangements to the other and to supervisory authorities.
Agreement (CP 1645), Article 87 · Police and judicial cooperation
“shall each make publicly available a document setting out in an intelligible form … shall each send a copy of”
One way: Spain/EU to GibraltarChapter 2 creates no obligation on Europol to cooperate with UK-for-Gibraltar authorities beyond Europol's competence under EU law.
Agreement (CP 1645), Article 88 · Police and judicial cooperation
“Nothing in this Chapter shall be construed as creating an obligation on Europol to cooperate with the competent authorities of the United Kingdom, in respect of Gibraltar, beyond Europol's competence”
Both waysParties must ensure Eurojust and the competent authorities of the UK for Gibraltar cooperate in Eurojust's fields of activity.
Agreement (CP 1645), Article 93 · Police and judicial cooperation
“The Parties shall ensure that Eurojust and the competent authorities of the United”
One way: Gibraltar to Spain/EUThe UK's Liaison Prosecutor and Assistants, seconded to Eurojust, facilitate cooperation in respect of Gibraltar.
Agreement (CP 1645), Article 95(1) · Police and judicial cooperation
“Liaison Prosecutor's Assistants of the United Kingdom to Eurojust … shall facilitate the cooperation established under this”
Not statedThe Liaison Prosecutor and Assistants have access to Gibraltar criminal records and registers under domestic law, and may contact Gibraltar authorities directly.
Agreement (CP 1645), Article 95(4)-(5) · Police and judicial cooperation
“shall have access to the information contained in the domestic criminal … shall have the power to contact the competent authorities of the United”
One way: Spain/EU to GibraltarEurojust must hold the working documents of the UK Liaison Prosecutor and Assistants inviolable.
Agreement (CP 1645), Article 95(6) · Police and judicial cooperation
“shall be held inviolable by”
One way: Spain/EU to GibraltarA Eurojust Liaison Magistrate posted to the UK may facilitate judicial cooperation in respect of Gibraltar.
Agreement (CP 1645), Article 96(1) · Police and judicial cooperation
“The Liaison Magistrate of Eurojust posted to the United Kingdom”
Both waysUK Liaison Prosecutor and Eurojust contact point may join Eurojust meetings; Eurojust National Members and staff may attend meetings organised by them.
Agreement (CP 1645), Article 97(1)-(2) · Police and judicial cooperation
“The Liaison Prosecutor and the Liaison Prosecutor's Assistants referred to in … may participate in meetings with regard to strategic matters at the invitation of the … may attend meetings organised by the Liaison”
Both waysEurojust and the UK-for-Gibraltar competent authorities may exchange non-personal data relevant to the Chapter.
Agreement (CP 1645), Article 98 · Police and judicial cooperation
“Eurojust and the competent authorities of the United Kingdom, in respect of … may exchange any non-personal data”
Not statedThe transferring authority must state purposes and may state restrictions on personal data; the receiving authority must comply.
Agreement (CP 1645), Article 99(2)-(4) · Police and judicial cooperation
“The transferring competent authority shall clearly indicate … The receiving competent authority shall comply with any restriction on”
Both waysEurojust and the UK-for-Gibraltar authorities must each ensure their representatives are authorised to exchange information and are adequately screened.
Agreement (CP 1645), Article 100(2) · Police and judicial cooperation
“shall each ensure that their respective representatives are authorised to”
Both waysNeither Eurojust nor the UK-for-Gibraltar authorities may pass information provided by the other to a third country or organisation without the provider's consent and safeguards.
Agreement (CP 1645), Article 101 · Police and judicial cooperation
“shall not communicate any information provided by the other to any third”
Both waysEurojust and the UK-for-Gibraltar authorities cannot plead that the other transferred inaccurate information, must repay damages caused by the other's error, and cannot require punitive damages.
Agreement (CP 1645), Article 102(1)-(3) · Police and judicial cooperation
“neither Eurojust nor the competent authorities of the United Kingdom, in respect of Gibraltar, may plead … shall be repaid by the other … shall not require each other to pay for punitive or non-compensatory”
One way: Spain/EU to GibraltarChapter does not oblige Eurojust to cooperate with the UK-for-Gibraltar authorities beyond Eurojust's competences under EU law.
Agreement (CP 1645), Article 105 · Police and judicial cooperation
“Nothing in this Chapter shall be construed as creating an obligation on Eurojust to … beyond Eurojust's competences as set out in the relevant Union law”
Both waysChapter enables exchange of criminal-record extracts between EU countries and the UK for Gibraltar.
Agreement (CP 1645), Article 106(1) · Police and judicial cooperation
“enable the exchange between the Members States, on the one side, and the United Kingdom, in respect of Gibraltar, on the other side”
Both waysEach EU country's central authority informs Gibraltar's central authority of convictions of UK nationals holding a Gibraltar ID/residence permit; Gibraltar's informs an EU country of convictions of its nationals; at least monthly.
Agreement (CP 1645), Article 109(2) · Police and judicial cooperation
“The central authority of each Member State shall inform the central authority … The central authority of the United Kingdom, in respect of Gibraltar, shall inform the central authority of any Member State … shall communicate such information to each other at least once per”
Both waysA central authority that learns a convicted person has several nationalities must transmit the information to each state of nationality, including the UK for Gibraltar.
Agreement (CP 1645), Article 109(3) · Police and judicial cooperation
“it shall transmit the relevant information to each of them, even if the”
Both waysA central authority may request criminal-record extracts from another EU country's or Gibraltar's central authority; for a person's own record request, it shall ask the state of nationality.
Agreement (CP 1645), Article 111(1)-(2) · Police and judicial cooperation
“a request for information and related data to be extracted from the criminal record … submit to the central authority of another Member State or of the … central authority of the Member State of the person's nationality or of the United”
Both waysRequested central authority must reply within 20 working days; replies for child-related recruitment must include child sexual offence convictions and disqualifications.
Agreement (CP 1645), Article 112(1),(3) · Police and judicial cooperation
“as soon as possible and in any event within 20 … the Member State and the United”
Both waysInformation from the criminal record is exchanged between EU countries and the UK for Gibraltar electronically as set out in Annex 12.
Agreement (CP 1645), Article 113 · Police and judicial cooperation
“The exchange between Member States and the United Kingdom, in respect of … shall take place electronically in accordance with the technical and procedural”
Both waysEach EU country and the UK for Gibraltar may use received personal data only for the purpose requested, and must ensure their central authorities do not disclose notified data to third countries except on conditions.
Agreement (CP 1645), Article 114(1),(4) · Police and judicial cooperation
“Each Member State and the United Kingdom, in respect of Gibraltar, may use … shall ensure that their central authorities do not disclose personal data notified under”
Both waysSurrender between EU countries and the UK for Gibraltar is based on a mechanism of surrender under an arrest warrant.
Agreement (CP 1645), Article 115 · Police and judicial cooperation
“between the Member States, on the one side, and the United Kingdom, in respect of Gibraltar,”
Both waysAn arrest warrant is a judicial decision issued by an EU country or by the UK for Gibraltar for arrest and surrender by the UK for Gibraltar or by an EU country.
Agreement (CP 1645), Article 117(a) · Police and judicial cooperation
“with a view to the arrest and surrender by the United Kingdom, in respect of Gibraltar, or by a Member State”
Both waysSurrender requires that the acts be an offence under the law of the executing EU country, or of the UK for Gibraltar when it executes.
Agreement (CP 1645), Article 118(2) · Police and judicial cooperation
“Without prejudice to paragraphs 3 and 4, surrender is subject to the condition … of the executing Member State or of the United Kingdom, in respect … when it is the executing actor, whatever the constituent elements or”
Both waysExecuting EU country and the UK for Gibraltar shall not refuse a warrant for listed behaviour (group offences, terrorism) punishable by at least 12 months, subject to specified articles.
Agreement (CP 1645), Article 118(3) · Police and judicial cooperation
“Subject to Article 119, points (b) to (h) of Article 120(1) and Articles 121, … the competent authorities of the United Kingdom, in respect of … or of the executing Member State shall not refuse to execute an arrest warrant issued”
Both waysThe EU for an EU country and the UK for Gibraltar may each notify the EU-UK treaty committee that, on the basis of reciprocity, double criminality will not apply to listed offences carrying at least three years.
Agreement (CP 1645), Article 118(4) · Police and judicial cooperation
“The Union, acting on behalf of any of its Member States, and the United … may each notify the Specialised Committee on … that, on the basis of reciprocity, the condition of double”
Both waysExecution of an arrest warrant shall be refused on three grounds (119) and may be refused on others (120(1)) or made subject to guarantees (123(1)), by the executing EU country or by the UK for Gibraltar as executor.
Agreement (CP 1645), Articles 119, 120(1)(a)-(h), 123(1) · Police and judicial cooperation
“The execution of the arrest warrant shall be refused: … in relation to taxes or duties, customs and … The execution of the arrest warrant by the executing judicial authority may be”
Both waysRefusal where a custodial sentence is sought and the person is staying in, national or resident of the executing EU country, or, for Gibraltar, a UK national with Gibraltar ID/permit or a person staying or resident in Gibraltar, and that authority undertakes to execute the sentence.
Agreement (CP 1645), Article 120(1)(f) · Police and judicial cooperation
“has been issued for the purposes of execution of a custodial sentence or detention order and: … if the executing actor is a Member State, the requested person is staying … if the executing actor is the United Kingdom, in respect of Gibraltar,”
Both waysExecution cannot be refused because the offence is political; the UK for Gibraltar and the EU for any EU country may each notify that this applies only to listed terrorism offences.
Agreement (CP 1645), Article 121(1)-(2) · Police and judicial cooperation
“The execution of an arrest warrant may not be refused on the grounds that the … the United Kingdom, in respect of Gibraltar, and the Union, acting … may each notify the Specialised Committee on the Circulation of Persons that”
Both waysWhere a warrant is issued by an EU country on whose behalf a notification under 121(2) was made, or by the UK for Gibraltar which made it, the executing UK-for-Gibraltar authority or executing EU country 'may apply reciprocity'.
Agreement (CP 1645), Article 121(3) · Police and judicial cooperation
“has been issued by the United Kingdom, in respect of Gibraltar, and where … the United Kingdom, in respect of Gibraltar, when it … is the executing actor, or the executing Member State may apply reciprocity.”
Both waysThe UK for Gibraltar and the EU for any EU country may each notify that own nationals will not be surrendered or only on conditions; the other side may then notify that it may refuse to surrender its own nationals.
Agreement (CP 1645), Article 122(1)-(2) · Police and judicial cooperation
“may not be refused on the grounds that the … may each notify the Specialised Committee on the … within a reasonable time after the receipt of the other Party's”
Both waysA state that refused under a nationality notification must consider prosecuting its own national, taking into account the views of the issuing authority, and may take measures to assist victims and witnesses.
Agreement (CP 1645), Article 122(3)-(4) · Police and judicial cooperation
“shall consider instituting … shall be able to take appropriate measures to assist the victims and witnesses,”
Not statedThe EU-UK treaty committee on the circulation of persons has the power to adopt modifications to Article 123 to reflect changes in the Trade and Cooperation Agreement.
Agreement (CP 1645), Article 123(2) · Institutions and disputes
“shall have the power to adopt any modifications to this Article as may be necessary”
Both waysThe UK for Gibraltar must notify the EU-UK treaty committee of its central authority; the EU for an EU country may notify the EU country's central authority.
Agreement (CP 1645), Article 124(1) · Police and judicial cooperation
“shall notify the Specialised Committee on the Circulation of Persons of the central authority of the United … of the United Kingdom, in respect of Gibraltar, and the Union, acting on behalf of any of its … may notify the Specialised Committee on the”
Both waysEither side may indicate that its central authority handles transmission and receipt of arrest warrants; the indication binds all authorities of the issuing EU country or UK for Gibraltar.
Agreement (CP 1645), Article 124(2) · Police and judicial cooperation
“may each indicate that, as … Such indication shall be binding upon all the authorities of the issuing Member State or”
Both waysAn arrest warrant must be translated into an official language of the executing EU country, or into English when the UK for Gibraltar executes; the EU may notify other accepted languages.
Agreement (CP 1645), Article 125(3) · Police and judicial cooperation
“shall be translated into the official language or one of the … or into English when the United Kingdom, in respect of Gibraltar, is the executing actor. … that a translation in one or more other official languages of a Member State will be accepted”
Not statedThe EU-UK treaty committee may amend the Annex 14 form and shall adopt modifications reflecting changes to Annex 43 of the Trade and Cooperation Agreement.
Agreement (CP 1645), Article 125(2) · Institutions and disputes
“The Specialised Committee on the Circulation of Persons may amend the … shall adopt any modifications to the form in Annex 14”
Both waysAn issuing authority that does not know the executing authority must enquire with the executing side's authorities; a non-competent recipient must forward the warrant and inform the issuer.
Agreement (CP 1645), Articles 126(2), 127(1),(4) · Police and judicial cooperation
“may transmit, in accordance with Article 6(1), the arrest warrant to the competent … it shall make the requisite enquiries in order … it shall automatically forward the arrest warrant to the competent authority in the … and shall inform the issuing judicial authority accordingly.”
Not statedDifficulties with transmission or authenticity are dealt with by direct contact between the judicial authorities involved, or through central authorities of EU countries and the UK for Gibraltar.
Agreement (CP 1645), Article 127(3) · Police and judicial cooperation
“shall be dealt with by direct contacts between the judicial authorities involved”
Both waysThe executing judicial authority must inform the arrested person of the warrant and of consenting to surrender, and give an interpreter and written translation, under the domestic law of the executing side.
Agreement (CP 1645), Article 128(1)-(2) · Police and judicial cooperation
“in accordance with the domestic law of the executing Member State or of the United Kingdom, in respect of Gibraltar, … shall inform that person of the arrest warrant and of”
Not statedRequested person is informed of the right to appoint a lawyer in the issuing state to assist in the arrest warrant proceedings, whichever side issues.
Agreement (CP 1645), Article 128(4) · Police and judicial cooperation
“lawyer in the issuing Member State or in the United Kingdom, in respect of Gibraltar, when it is the issuing actor”
Both waysExecuting judicial authority decides whether the arrested person stays in detention, under the law of the executing EU country or of Gibraltar.
Agreement (CP 1645), Article 129 · Police and judicial cooperation
“shall take a decision on whether the requested person should remain in … in accordance with the law of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor”
Both waysGibraltar (UK) and the EU for any EU country may each notify the EU-UK treaty committee that consent to surrender can be revoked, giving the procedures.
Agreement (CP 1645), Article 130(4) · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on the Circulation of Persons”
Not statedExecuting judicial authority requests missing information from the issuing side as a matter of urgency; issuing authority may send extra information at any time.
Agreement (CP 1645), Article 132(2)-(3) · Police and judicial cooperation
“it shall request that the necessary supplementary information … be furnished as a matter of urgency … The issuing judicial authority may forward any additional useful information”
Not statedWhere EU countries and Gibraltar have both issued warrants for the same person, the executing judicial authority decides which is executed.
Agreement (CP 1645), Article 133(1) · Police and judicial cooperation
“the decision as to which of those arrest warrants is to be executed shall be taken by the executing judicial authority”
Not statedIf a warrant cannot be executed in time, the executing judicial authority immediately informs the issuing judicial authority with reasons.
Agreement (CP 1645), Article 134(4) · Police and judicial cooperation
“the executing judicial authority shall immediately inform the issuing judicial authority of that fact, giving the reasons for the delay”
Not statedExecuting authority may agree to temporary transfer of the requested person; person must be able to return to the executing EU country or to Gibraltar for surrender hearings.
Agreement (CP 1645), Article 135(1)(b), (3) · Police and judicial cooperation
“the person must be able to return to the executing Member State or to Gibraltar, when the United Kingdom, in respect of Gibraltar, is the executing actor”
Both waysRequested person is heard by a judicial authority and assisted by a lawyer designated under the law of the issuing EU country or of Gibraltar.
Agreement (CP 1645), Article 136(1) · Police and judicial cooperation
“assisted by a lawyer designated in accordance with the law of the issuing Member State or of the United Kingdom, in respect of Gibraltar, when it is the issuing actor. 2. The requested person shall be heard in accordance with the law of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor and”
Not statedExecuting authority asks its own authority to waive immunity without delay; issuing authority asks an authority of another EU country, the UK, Gibraltar, a third country or an international organisation.
Agreement (CP 1645), Article 137(3) · Police and judicial cooperation
“waive the privilege or immunity lies with an authority of another Member State, the United Kingdom, the United Kingdom, in respect of Gibraltar, a third country or international organisation, the issuing judicial authority shall request that authority to exercise that power”
Not statedExecuting EU country or the UK, for Gibraltar, must take all necessary measures to request without delay the consent of the third country or UK that extradited the person, so surrender to the issuing side can occur.
Agreement (CP 1645), Article 138(1) · Police and judicial cooperation
“it is the executing actor, shall take all necessary measures for requesting without delay the consent of the third country or of the United Kingdom from which the requested person was extradited”
Not statedPerson surrendered on a date agreed between the authorities; if prevented, executing and issuing authorities immediately contact each other and agree a new date.
Agreement (CP 1645), Article 140(1), (3), (5) · Police and judicial cooperation
“the executing and issuing judicial authorities shall immediately contact each other and agree on a new surrender date”
Both waysExecuting authority may temporarily surrender the person to the issuing EU country or to Gibraltar on written conditions binding all issuing-side authorities.
Agreement (CP 1645), Article 141(2) · Police and judicial cooperation
“temporarily surrender the requested person to the issuing Member State or to the United Kingdom, in respect of Gibraltar, when it is the issuing actor, under conditions to be determined by mutual”
Both waysEach EU country, the UK and Gibraltar must permit transit through their territory of a person being surrendered, once given identity, warrant, offence and circumstances information.
Agreement (CP 1645), Article 142(1) · Police and judicial cooperation
“Each Member State, the United Kingdom and the United Kingdom, in respect of Gibraltar, shall permit the transit through their territory of a requested person”
Both waysGibraltar/UK may refuse transit of UK nationals if it has notified non-surrender of UK nationals; an EU country that notified may refuse transit of its own nationals.
Agreement (CP 1645), Article 142(2)-(3) · Police and judicial cooperation
“may refuse the transit of nationals of the United Kingdom under the same terms or submit it to the same conditions … may refuse the transit of its own nationals through its territory under the same terms or submit it to the same conditions. 4. The Member States, the United Kingdom and”
Both waysEach EU country, the UK and Gibraltar notify the EU-UK treaty committee of authorities receiving transit requests; requests and decisions are passed by any written means.
Agreement (CP 1645), Article 142(4)-(5) · Police and judicial cooperation
“The Member States, the United Kingdom and the United Kingdom, in respect of Gibraltar, shall notify the Specialised Committee on the Circulation of Persons of the authorities responsible for receiving transit requests”
Not statedAfter an unscheduled air landing, the issuing EU country or Gibraltar's competent authorities give the notified transit authority the paragraph 1 information.
Agreement (CP 1645), Article 142(6) · Police and judicial cooperation
“the competent authorities of the issuing Member State or the United Kingdom, in respect of Gibraltar, when it is the issuing actor, shall provide the authority notified pursuant to paragraph 4”
Not statedIssuing EU country or Gibraltar deducts all detention served in the executing state from the sentence; executing authority sends the detention information at surrender.
Agreement (CP 1645), Article 143 · Police and judicial cooperation
“The issuing Member State or the United Kingdom, in respect of Gibraltar, when it is the issuing actor, shall deduct all periods of detention arising from the execution of an arrest warrant”
Not statedGibraltar (UK) may notify the Committee that consent is presumed for prosecution for other offences against EU countries covered by an EU notification; the EU may notify the mirror.
Agreement (CP 1645), Article 144(1)-(2) · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, may notify the Specialised Committee on the Circulation of Persons that … The Union, acting on behalf of any of its Member States, may notify the Specialised Committee on the Circulation of Persons”
Not statedRequest for consent to prosecute for other offences goes to the executing authority, which decides within 30 days; consent given where the offence is itself surrenderable.
Agreement (CP 1645), Article 144(5) · Police and judicial cooperation
“A request for consent shall be submitted to the executing judicial authority”
Not statedGibraltar (UK) and the EU for EU countries may each notify the Committee that consent to onward surrender to another EU country is presumed.
Agreement (CP 1645), Article 145(1)-(2) · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, may notify the Specialised Committee on the Circulation of Persons … The Union, acting on behalf of any of its Member States, may notify the Specialised Committee on the Circulation of Persons”
Not statedA person surrendered may not be extradited to a third country or surrendered to the UK without consent of the surrendering EU country or of Gibraltar.
Agreement (CP 1645), Article 145(6) · Police and judicial cooperation
“shall not be extradited to a third country or surrendered to the United Kingdom without the consent of the competent authority of the Member State which surrendered the person or of the United Kingdom, in respect of Gibraltar, if it surrendered the person”
Both waysExecuting authority seizes and hands over evidence and proceeds to the issuing side; the issuing side returns property without charge where the executing side has rights in it.
Agreement (CP 1645), Article 146(1), (3)-(4) · Police and judicial cooperation
“the executing judicial authority shall, in accordance with the domestic law of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor, seize and hand over property”
Both waysExpenses in the executing EU country or Gibraltar are borne by the executing side; all other expenses by the issuing side.
Agreement (CP 1645), Article 147 · Police and judicial cooperation
“shall be borne by the authorities of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor … shall be borne by the authorities of the issuing Member State or of the United Kingdom, in respect of Gibraltar, when it is the issuing actor. ARTICLE 148 Relation to other”
Not statedThis Chapter replaces the 1957 Extradition Convention and Terrorism Convention provisions in relations between Gibraltar and EU countries.
Agreement (CP 1645), Article 148(1) · Police and judicial cooperation
“replaces the corresponding provisions of the following conventions applicable in the field of extradition in relations between the United Kingdom, in respect of Gibraltar, on the one side, and Member States, on the other side”
One way: Spain/EU to GibraltarWhere an EU country has made an Article 68(5) notification, the old Conventions keep applying with Gibraltar until the EU notifies the Committee that the EU country's constitutional requirements are met.
Agreement (CP 1645), Article 148(2) · Police and judicial cooperation
“until the Union, on behalf of that Member State, notifies the Specialised Committee on the Circulation of Persons that the relevant constitutional requirements”
Both waysAt the joint review the Parties consider whether to keep the notifications under Articles 118(4), 121(2) and 122(2); Article 122(2) notifications lapse after four years unless renewed.
Agreement (CP 1645), Article 149 · Police and judicial cooperation
“the Parties shall consider the need to maintain the notifications made under Article”
Not statedChapter applies to European arrest warrants issued before 31 December 2020 by authorities of an EU country or of Gibraltar, if the person was not yet arrested at entry into force.
Agreement (CP 1645), Article 151 · Police and judicial cooperation
“by the competent authorities of a Member State or of the United Kingdom, in respect of Gibraltar,”
Not statedMutual assistance requests use the Annex 15 form; the EU-UK treaty committee adopts changes to follow the UK-EU Trade and Cooperation Agreement form.
Agreement (CP 1645), Article 154(1), (3) · Police and judicial cooperation
“Requests for mutual assistance shall be made using the standard form set out in Annex 15”
Both waysRequesting authority may only request assistance if necessary, proportionate and available domestically; requested side may consult the requester, who may withdraw.
Agreement (CP 1645), Article 155(1)-(2) · Police and judicial cooperation
“may only make a request for mutual assistance if it is satisfied that the following conditions are met … The requested Member State or the United Kingdom, in respect of Gibraltar, when it is the requested actor, may consult the requesting Member State”
Not statedCertain measures must always be available to the requested side: police/judicial database information, hearing of witnesses in the requested state or Gibraltar, non-coercive measures, subscriber identification.
Agreement (CP 1645), Article 156(2) · Police and judicial cooperation
“which shall always be available under the law of the requested Member State or of the United Kingdom, in respect of Gibraltar, when it is the requested actor”
Not statedRequested side informs the requesting side before using a different measure, or that assistance is not possible.
Agreement (CP 1645), Article 156(4)-(5) · Police and judicial cooperation
“it shall first inform the competent authority of the United Kingdom, in respect of Gibraltar, when it is the requesting actor, or of the requesting Member State”
Both waysRequested side informs the requesting side without undue delay if a request is incomplete or incorrect or further measures may be appropriate.
Agreement (CP 1645), Article 157 · Police and judicial cooperation
“shall inform the competent authority of the United Kingdom, in respect of Gibraltar, when it is the requesting actor, or of the requesting Member State, by any means and without undue delay”
Not statedMutual assistance may be refused if the person was finally judged for the same acts by a UK, Gibraltar or EU country authority.
Agreement (CP 1645), Article 158 · Police and judicial cooperation
“has been finally judged by an authority of the United Kingdom, of the United Kingdom, in respect of Gibraltar, or of a Member State”
Both waysRequested EU country or Gibraltar must decide within 45 days whether to execute a request and tell the requesting authority.
Agreement (CP 1645), Article 159(1) · Police and judicial cooperation
“The requested Member State or the United Kingdom, in respect of Gibraltar, when it is the requested actor, shall decide whether to execute the request for mutual assistance as soon as possible and in any event no later than 45 days”
Both waysRequested side decides on provisional measures, gives the requester a chance to argue before lifting them, and informs and consults the requester if time limits are missed.
Agreement (CP 1645), Article 159(4)-(5) · Police and judicial cooperation
“shall, without delay, inform the competent authority of the United Kingdom, in respect of Gibraltar, when it is the requesting actor, or of the requesting Member State, by any means, giving the reasons for the delay, and”
One way: Gibraltar to Spain/EUPublic prosecutors of Gibraltar may transmit mutual assistance requests and notices directly to competent authorities of the EU countries, where the Convention allows direct transmission.
Agreement (CP 1645), Article 160(2) · Police and judicial cooperation
“may also be transmitted directly by public prosecutors of the United Kingdom, in respect of Gibraltar, to competent authorities of the Member States”
Not statedIn urgent cases or where two or more EU countries and Gibraltar must coordinate, requests may also go via Europol or Eurojust.
Agreement (CP 1645), Article 160(3) · Police and judicial cooperation
“may be transmitted via Europol or Eurojust in line with the provisions in the respective Chapters of this Agreement”
Not statedIf competent authorities of EU countries and Gibraltar set up a Joint Investigation Team, the relationship between EU countries within it is governed by EU law.
Agreement (CP 1645), Article 161 · Police and judicial cooperation
“the relationship between Member States within the Joint Investigation Team shall be governed by Union law”
Both waysGibraltar (UK) and the EU for any EU country may each notify the Committee that Article 165 will cover accounts in non-bank financial institutions; such a notification may be made subject to reciprocity.
Agreement (CP 1645), Article 165(4) · Police and judicial cooperation
“may each notify the Specialised Committee on the Circulation of Persons that this Article will be extended to accounts held in … Such notifications may be made subject to the principle of reciprocity”
Both waysGibraltar (UK) and the EU for any EU country may each notify the Committee that Article 166 will cover accounts in non-bank financial institutions; such a notification may be made subject to reciprocity.
Agreement (CP 1645), Article 166(5) · Police and judicial cooperation
“may each notify the Specialised Committee on the Circulation of Persons that this Article will be extended to accounts held in … Such notifications may be made subject to the principle of reciprocity”
Both waysGibraltar (UK) and the EU for any EU country may each notify the Committee that Article 167 will cover accounts in non-bank financial institutions; such a notification may be made subject to reciprocity.
Agreement (CP 1645), Article 167(5) · Police and judicial cooperation
“may each notify the Specialised Committee on the Circulation of Persons that this Article will be extended to accounts held in … Such notifications may be made subject to the principle of reciprocity”
Both waysAim of the Chapter: cooperation between UK for Gibraltar on one side and EU countries on the other, on freezing and confiscation.
Agreement (CP 1645), Article 162(1) · Police and judicial cooperation
“cooperation between the United Kingdom, in respect of Gibraltar, on the one side, and the Member States, on the other side”
Both waysUK for Gibraltar and EU countries must comply with confiscation, investigative-assistance and provisional-measures requests from each other.
Agreement (CP 1645), Article 162(2) · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, and the Member States shall comply, under the conditions provided for in this Chapter, with requests from a Member State or the United Kingdom, in respect of Gibraltar”
Both waysRequested side executes under its own law, but must follow formalities specified by the requesting side unless contrary to fundamental principles of its law.
Agreement (CP 1645), Article 162(3) · Police and judicial cooperation
“Investigative assistance and provisional measures sought under point (b) of paragraph 2 shall be carried out as permitted by and in accordance with the domestic law of the requested Member State or of the United Kingdom, in respect of Gibraltar, when it is the requested actor … the requested authority shall comply with such requests to the extent that the action sought is not contrary to the fundamental principles of its domestic law”
Both waysRequested side must give requests to identify, trace, freeze or seize proceeds the same priority as domestic procedures.
Agreement (CP 1645), Article 162(4) · Police and judicial cooperation
“shall ensure that the requests coming from another Member State or from the United Kingdom, in respect of Gibraltar … to identify, trace, freeze or seize the proceeds and instrumentalities, receive the same priority as those made in the framework of domestic procedures”
Both waysRequesting side must ensure necessity and proportionality are respected when requesting confiscation or related assistance.
Agreement (CP 1645), Article 162(5) · Police and judicial cooperation
“shall ensure that the principles of necessity and proportionality are respected”
Both waysUK for Gibraltar and EU countries must afford each other, on request, widest possible assistance in identifying and tracing property liable to confiscation.
Agreement (CP 1645), Article 164 · Police and judicial cooperation
“shall afford each other, upon request, the widest possible measure of assistance in the identification and tracing of instrumentalities, proceeds and other property liable to confiscation”
Both waysRequested side must take measures to determine whether a person under criminal investigation holds bank accounts in its territory (EU country or Gibraltar) and give account details.
Agreement (CP 1645), Article 165(1) · Police and judicial cooperation
“when it is the requested actor, shall, under the conditions set out in this Article, take the measures necessary to determine, in answer to a request sent by the United Kingdom, in respect of Gibraltar, or by a Member State … in any bank located in that Member State's territory or in Gibraltar, and, if so, provide the details of the identified accounts”
Both waysRequesting side must state in the request why the information is of substantial value and why it presumes banks in the requested territory (EU country or Gibraltar) hold the account.
Agreement (CP 1645), Article 165(3) · Police and judicial cooperation
“state on what grounds it presumes that banks in the requested Member State or in Gibraltar, when the United Kingdom, in respect of Gibraltar, is the requested actor, hold the account and specify, to the widest extent possible, which banks and accounts may be involved”
Both waysUK for Gibraltar and the EU (for any EU country) may each notify the Committee that the bank-account request rule extends to non-bank financial institutions, possibly on reciprocity.
Agreement (CP 1645), Article 165(4) · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on the Circulation of Persons that this Article will be extended to accounts held in non- … Such notifications may be made subject to the principle of reciprocity”
Both waysRequested side must, on request, give particulars of specified bank accounts and banking operations over a specified period.
Agreement (CP 1645), Article 166(1) · Police and judicial cooperation
“the requested Member State or the United Kingdom, in respect of Gibraltar, when it is the requested actor, shall provide the particulars of specified bank accounts and of banking operations”
Both waysRequested side may make execution of a banking-transactions request depend on the same conditions as for search and seizure requests.
Agreement (CP 1645), Article 166(4) · Police and judicial cooperation
“may make the execution of such a request dependent on the same conditions as it applies in respect of requests for search and seizure”
Both waysUK for Gibraltar and the EU (for any EU country) may each notify the Committee that Art 166 extends to non-bank financial institutions, possibly on reciprocity.
Agreement (CP 1645), Article 166(5) · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on the Circulation of Persons that this Article will be extended to accounts held in non- … Such notifications may be made subject to the principle of reciprocity”
Both waysRequested side must ensure it can monitor banking operations on specified accounts for a period and pass the results to the requesting side.
Agreement (CP 1645), Article 167(1) · Police and judicial cooperation
“shall ensure that, at the request of the United Kingdom, in respect of Gibraltar, or of a Member State, it is able to monitor … accounts specified in the request and to communicate the results of the monitoring to the requesting Member State or the United Kingdom, in respect of Gibraltar”
Both waysDecision to monitor is taken case by case by the requested side under its own law; practical details are agreed between requesting and requested sides.
Agreement (CP 1645), Article 167(3)-(4) · Police and judicial cooperation
“The decision to monitor shall be taken in each individual case by the competent authorities of the requested Member State or the United Kingdom, in respect of Gibraltar … shall be agreed by the requesting Member State or the requested Member State and the United Kingdom, in respect of Gibraltar, as the requested or requesting actor”
Both waysUK for Gibraltar and the EU (for any EU country) may each notify the Committee that Art 167 extends to non-bank financial institutions, possibly on reciprocity.
Agreement (CP 1645), Article 167(5) · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on the Circulation of Persons that this Article will be extended to accounts held in non- … Such notifications may be made subject to the principle of reciprocity”
Both waysAn EU country or UK for Gibraltar may, without a request, send information on property liable to confiscation to the other side.
Agreement (CP 1645), Article 168 · Police and judicial cooperation
“a Member State or the United Kingdom, in respect of Gibraltar, may without prior request forward to the United Kingdom, in respect of Gibraltar, or to a Member State information on instrumentalities, proceeds and other property liable to confiscation”
Both waysRequested side must take provisional measures (freezing, seizing) on request of the UK for Gibraltar or an EU country that has begun a criminal or confiscation investigation.
Agreement (CP 1645), Article 169(1) · Police and judicial cooperation
“At the request of the United Kingdom, in respect of Gibraltar, or of a Member State which has instituted a criminal investigation or proceedings … the requested Member State or the United Kingdom, in respect of Gibraltar, when it is the requested actor, shall take the necessary provisional measures … and send confirmation without delay and by any means of producing a written record to the United Kingdom, in respect of Gibraltar, when it is the requesting actor, or to the requesting Member State”
Both waysRequested side must comply with a provisional-measures request without delay, with same speed and priority as a domestic case, and confirm in writing.
Agreement (CP 1645), Article 169(3) · Police and judicial cooperation
“shall take all necessary measures to comply with the request without delay and with the same speed and priority as for a similar domestic case”
Both waysWhere immediate freezing is needed, requested side must act within 96 hours of receiving the request and confirm in writing.
Agreement (CP 1645), Article 169(4) · Police and judicial cooperation
“within 96 hours of receiving the request and send confirmation to the requesting Member State or to the United Kingdom, in respect of Gibraltar”
Both waysIf the 96-hour limit cannot be met, requested side must immediately inform and consult the requesting side.
Agreement (CP 1645), Article 169(5) · Police and judicial cooperation
“shall immediately inform the United Kingdom, in respect of Gibraltar, when it is the requesting actor, or the requesting Member State and consult”
Both waysRequesting side must give the requested side information that may change provisional measures; before lifting a measure the requested side must wherever possible let the requesting side give reasons to keep it.
Agreement (CP 1645), Article 170(1)-(2) · Police and judicial cooperation
“shall provide spontaneously and as soon as possible to the United Kingdom, in respect of Gibraltar, when it is the requested actor, or to the requested Member State all information which may question or modify the extent of those measures … shall, wherever possible, give the United Kingdom, in respect of Gibraltar, when it is the requesting actor, or the requesting Member State an opportunity to present its reasons in favour of continuing the measure”
Both waysOn a confiscation request for property in its territory (EU country or Gibraltar), requested side must enforce the other side's order or obtain its own and enforce it, and for money sums realise the claim on available property.
Agreement (CP 1645), Article 171(1), (3) · Police and judicial cooperation
“If a Member State or the United Kingdom, in respect of Gibraltar, has received a request for confiscation of property situated in that Member State's territory or in Gibraltar … enforce a confiscation order made by a court in the requesting Member State or in Gibraltar, when the United Kingdom, in respect of Gibraltar, is the requesting actor … submit the request to its competent authorities for the purpose of obtaining an order of confiscation and, if such an order is granted, enforce it … shall, if payment is not obtained, realise the claim on any property available for that purpose”
Both waysUK for Gibraltar and EU countries must cooperate widely with requests for measures equivalent to confiscation not issued in criminal proceedings, if ordered by a judicial authority in relation to an offence.
Agreement (CP 1645), Article 171(5) · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, and the Member States shall cooperate to the widest extent possible under their domestic law with a Member State or the United Kingdom, in respect of Gibraltar, requesting the execution of measures equivalent to confiscation”
Both waysRequested side must decide on executing a confiscation order without delay and within 45 days of receiving the request, and confirm in writing.
Agreement (CP 1645), Article 171(7) · Police and judicial cooperation
“shall take the decision on the execution of the confiscation order without delay, and, without prejudice to paragraph 8 of this Article, no later than 45 days after receiving the request”
Both waysRequested side is bound by fact findings in the requesting side's court decision, and converts a money confiscation into its own currency at the rate when enforcement is decided.
Agreement (CP 1645), Article 172(2)-(3) · Police and judicial cooperation
“shall be bound by the findings as to the facts in so far as they are stated in a conviction or judicial decision issued by a court in the United Kingdom, in respect of Gibraltar, when it is the requesting actor, or in the requesting Member State … the requested Member State or the United Kingdom, in respect of Gibraltar, when it is the requested actor, shall convert the amount thereof into their respective currency”
Both waysRequested side must, if asked and as far as its law permits, give priority consideration to returning confiscated property to the requesting side for victims.
Agreement (CP 1645), Article 173(2) · Police and judicial cooperation
“shall, to the extent permitted by its domestic law and if so requested, give priority consideration to returning the confiscated property”
Both waysRequested side keeps sums up to EUR 10 000 and transfers 50 % of larger amounts to the requesting side; the sides may agree other disposal case by case.
Agreement (CP 1645), Article 173(3)-(4) · Police and judicial cooperation
“shall transfer 50 % of the amount recovered to the United Kingdom, in respect of Gibraltar, when it is the requesting actor, or to the requesting Member State … the United Kingdom, in respect of Gibraltar, and Member States may, on a case-by-case basis, give special consideration to concluding other such agreements or arrangements on disposal of property”
Both waysIf total confiscation might exceed the sum in the order, the UK for Gibraltar and the EU countries concerned must consult.
Agreement (CP 1645), Article 174(2) · Police and judicial cooperation
“the United Kingdom, in respect of Gibraltar, and the Member States concerned, shall enter into consultations to avoid such an effect”
Both waysRequested side must not impose imprisonment in default or other liberty restriction without consent of the requesting side.
Agreement (CP 1645), Article 175 · Police and judicial cooperation
“shall not impose imprisonment in default or any other measure restricting the liberty of a person as a result of a request under Article 171 without the consent of the United Kingdom, in respect of Gibraltar, when it is the requesting actor, or of the requesting Member State”
Both waysCooperation may be refused for ne bis in idem or lack of double criminality; coercive assistance and provisional measures may also be refused if not available in a similar domestic case.
Agreement (CP 1645), Article 176(1), (3) · Police and judicial cooperation
“Cooperation under this Chapter may be refused if … considers that executing the request would be contrary to the principle of ne bis in idem … Cooperation under Articles 164 to 168, in so far as the assistance sought involves action which is coercive, and under Articles 169 and 170 may also be refused if the measures sought could not be taken under the domestic law of the requested Member State or of the United Kingdom, in respect of Gibraltar”
Both waysUK for Gibraltar and the EU (for any EU country) may each notify the Committee that, on the basis of reciprocity, double criminality will not be applied for listed Art 118(5) offences punishable by at least three years.
Agreement (CP 1645), Article 176(2) · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on the Circulation of Persons that, on the basis of reciprocity, the condition of double criminality referred to in point (b) of paragraph 1 of this Article will not be applied”
Both waysNeither side may invoke bank secrecy to refuse cooperation, and the requested side may not treat a legal-person target, death or dissolution, or double charging as an obstacle.
Agreement (CP 1645), Article 176(8)-(9) · Police and judicial cooperation
“The Member States or the United Kingdom, in respect of Gibraltar, shall not invoke bank secrecy as a ground to refuse any cooperation under this Chapter … is mentioned in the request both as the author of the underlying criminal offence and of the offence of money laundering as an obstacle to affording any cooperation under this Chapter”
Both waysRequested side must consult the requesting side before executing an order that risks fundamental rights, may postpone action that prejudices its own proceedings, and must consider partial or conditional granting.
Agreement (CP 1645), Articles 177-179 · Police and judicial cooperation
“shall, before it decides on the execution of the freezing or confiscation order, consult the United Kingdom, in respect of Gibraltar, when it is the requesting actor, or the requesting Member State and may require any necessary information to be provided … may postpone action on a request if such action would prejudice the investigations or proceedings of that Member State or of the United Kingdom, in respect of Gibraltar … shall, where appropriate after having consulted the United Kingdom, in respect of Gibraltar, when it is the requesting actor, or the requesting Member State, consider whether the request may be granted partially”
Both waysUK for Gibraltar and EU countries must afford each other widest assistance in serving judicial documents; the central authority where the person resides receives a copy in parallel.
Agreement (CP 1645), Article 180(1), (3) · Police and judicial cooperation
“shall afford each other the widest measure of mutual assistance in the serving of judicial documents … shall receive a copy of these judicial documents in parallel”
Both waysRequested side must recognise decisions of the requesting side's judicial authority on third-party rights, subject to refusal grounds in 181(2).
Agreement (CP 1645), Article 181(1) · Police and judicial cooperation
“shall recognise any decision issued by a judicial authority taken in the United Kingdom, in respect of Gibraltar, when it is the requesting actor, or in the requesting Member State regarding rights claimed by third parties”
Both waysUK for Gibraltar and each EU country must each notify the Committee a central authority for sending, answering and executing requests.
Agreement (CP 1645), Article 182(1) · Police and judicial cooperation
“shall each notify to the Specialised Committee on the Circulation of Persons a central”
One way: Spain/EU to GibraltarThe EU may designate an EU body that may make and execute requests under the Chapter, treated as an EU country request, and may be central authority.
Agreement (CP 1645), Article 182(2) · Police and judicial cooperation
“The Union may designate a Union body which may, in addition to the competent authorities of the Member States, make and, if appropriate, execute requests under this Chapter”
Both waysCentral authorities communicate directly; in urgent cases, and for non-coercive requests and drafts, judicial or competent authorities of the requesting side may write directly to the requested side.
Agreement (CP 1645), Article 183(2)-(6) · Police and judicial cooperation
“the central authorities shall communicate directly with one another … may be sent directly by the judicial authorities of the requesting Member State or of the United Kingdom, in respect of Gibraltar, when it is the requesting actor … it shall refer the request to the competent domestic authority and shall directly inform the requesting Member State or the United Kingdom, in respect of Gibraltar … may be directly transmitted by the competent authorities of the requesting Member State or of the United Kingdom, in respect of Gibraltar”
Both waysRequests must be in an official language of the requested side or another language it notifies; UK for Gibraltar and the EU may each notify extra languages.
Agreement (CP 1645), Article 184(2)-(3) · Police and judicial cooperation
“Requests under paragraph 1 shall be made in one of the official languages of the requested Member State or of the United Kingdom, in respect of Gibraltar, when it is the requested actor … The United Kingdom, in respect of Gibraltar, and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on the Circulation of Persons of the language”
Both waysUK for Gibraltar and the EU may each notify that it requires translation of supporting documents; for 96-hour freezing requests translation may follow within 48 hours.
Agreement (CP 1645), Article 184(8) · Police and judicial cooperation
“may each notify the Specialised Committee on the Circulation of Persons that it requires the translation of any supporting documents … within 48 hours after transmitting the request”
Not statedDocuments transmitted under the Chapter are exempt from legalisation formalities.
Agreement (CP 1645), Article 185 · Police and judicial cooperation
“Documents transmitted in application of this Chapter shall be exempt from all legalisation formalities”
Both waysEvery request must specify the authorities, object, facts, any coercive-action legal basis, person and property details, and any procedure wanted.
Agreement (CP 1645), Article 186(1) · Police and judicial cooperation
“Any request for cooperation under this Chapter shall specify … the object of and the reason for the request … could be taken in the jurisdiction of the requesting Member State or of the United Kingdom, in respect of Gibraltar, when it is the requesting actor, under its own domestic law”
Both waysRequested side may ask for a defective request to be fixed, must consider consulting on plural requests, give reasons for refusals and promptly inform the requesting side; requesting side informs of lost enforceability.
Agreement (CP 1645), Articles 187-190(2) · Police and judicial cooperation
“may ask the United Kingdom, in respect of Gibraltar, when it is the requesting actor, or … shall consider consulting the United Kingdom, in respect of Gibraltar, when it is the requesting actor, or the requesting Member State … shall give reasons for any decision to refuse, postpone or make conditional any cooperation under this Chapter … shall promptly inform the United Kingdom, in respect of Gibraltar, when it is the requesting actor, or the requesting Member State … shall promptly inform the United Kingdom, in respect of Gibraltar, when it is the requested actor, or the requested Member State of: (a) any review, decision or any other fact”
Both waysWhere the same order is used to seek confiscation in several places, the requesting side must inform every affected EU country or, for an EU country, the UK for Gibraltar and affected States.
Agreement (CP 1645), Article 190(3)-(4) · Police and judicial cooperation
“it shall inform all Member States which are affected by the enforcement of the order about the request … it shall inform the United Kingdom, in respect of Gibraltar, and all Member States which are affected”
Both waysInformation, evidence and personal data received may not be used or passed on beyond the request or listed purposes without the supplying side's prior consent.
Agreement (CP 1645), Article 191 · Police and judicial cooperation
“Without the prior consent of the requested Member State or of the United Kingdom, in respect of Gibraltar, when it is the requested actor, information or evidence provided by it under this Chapter shall not be used or transmitted by the United Kingdom, in respect of Gibraltar, when it is the requesting actor, or by the requesting Member State … Personal data communicated under this Chapter may be used by the Member State to which they have been transferred or by the United Kingdom, in respect of Gibraltar, if transferred to it … does not apply to personal data obtained by the United Kingdom, in respect of Gibraltar, or by a Member State under this Chapter and, in the case of the United Kingdom, originating from Gibraltar”
Both waysRequesting side may require confidentiality and must keep supplied evidence confidential if asked; recipient of spontaneous information must meet the supplier's confidentiality requirement or say it cannot.
Agreement (CP 1645), Article 192 · Police and judicial cooperation
“may require that the United Kingdom, in respect of Gibraltar, when it is the requested actor, or the requested Member State keep confidential the facts and substance of the request … shall, if not contrary to basic principles of its domestic law and if so requested, keep confidential any evidence and information … shall comply with any requirement of confidentiality as required by the Member State which supplies the information or by the United Kingdom, in respect of Gibraltar, when it is the supplier”
Both waysRequested side bears ordinary costs; for substantial or extraordinary costs, requesting and requested sides consult on conditions and costs.
Agreement (CP 1645), Article 193 · Police and judicial cooperation
“shall be borne by the requested Member State or by the United Kingdom, in respect of Gibraltar, when it is the requested actor … the requesting and requested actors shall consult in order to decide the conditions”
Both waysWhere a person sues for damages arising from cooperation, the States concerned or UK for Gibraltar shall consider consulting on apportioning damages and endeavour to inform the other side of litigation.
Agreement (CP 1645), Article 194 · Police and judicial cooperation
“shall consider consulting each other, where appropriate, to determine how to apportion any sum of damages due … it shall endeavour to inform the other Member State or Member States or the United Kingdom, in respect of Gibraltar, of such litigation”
Both waysUK for Gibraltar and EU countries must ensure effective legal remedies for affected persons; substantive reasons for requested measures cannot be challenged in a court of the requested side.
Agreement (CP 1645), Article 195 · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, and the Member States shall ensure that persons affected by measures under Articles 169 to 172 have effective … shall not be challenged before a court in the requested Member State or in Gibraltar, when the United Kingdom, in respect of Gibraltar, is the requested actor”
Both waysThe Parties recognise the need to cooperate to prevent laundering of criminal proceeds and the importance of information exchange.
Agreement (CP 1645), Article 197(2)-(3) · Other
“The Parties recognise the need to cooperate in preventing the use of their financial systems to launder the proceeds of all criminal activity … The Parties recognise the importance of information exchange in relation to money laundering”
One way: Gibraltar to Spain/EUUK for Gibraltar must not weaken or reduce its anti-money-laundering and terrorist-financing measures below the levels in the EU acts in Annex 17 in force at entry into force.
Agreement (CP 1645), Article 198(2) · Other
“The United Kingdom, in respect of Gibraltar, shall not weaken or reduce its anti-money laundering and terrorist financing measures below the levels set out in the Union acts listed in Annex 17”
Both waysThe Parties must keep striving to raise AML protection and regularly review the need to enhance measures, and when a Party amends law incompatibly.
Agreement (CP 1645), Article 198(3)-(4) · Other
“The Parties shall continue to strive to increase their respective anti-money laundering and terrorist financing protection level … The Parties shall regularly review the need to enhance the measures”
Not statedWhere significant divergences in domestic law distort AML prevention, consultation takes place in the EU-UK treaty committee to resolve within 45 days.
Agreement (CP 1645), Article 198(5) · Other
“a consultation within the Specialised Committee on the Circulation of Persons shall take place with a view to finding a mutually satisfactory resolution to the matter within 45 days”
Both waysIf no resolution in 45 days, either Party may take appropriate rebalancing measures, limited to what is strictly necessary and proportionate.
Agreement (CP 1645), Article 198(6) · Other
“either Party may take appropriate rebalancing measures to address the situation”
Both waysState aid chapter covers UK-for-Gibraltar aid affecting EU-Gibraltar trade; the EU keeps its own State aid system and applies it to aid affecting that trade.
Agreement (CP 1645), Article 201(1) and (2) · Other
“state aid granted by the United Kingdom, in respect of Gibraltar … The Union is committed to maintaining its State aid control system”
Both waysEach Party shall encourage its independent State aid authority to cooperate with the other Party's authority; a separate cooperation framework may be agreed.
Agreement (CP 1645), Article 205(5) · Other
“Each Party shall encourage its independent authority or body to cooperate with the other Party's independent authority or body”
Both waysA Party may ask the other Party to explain State aid and to give Article 203(1) information; the other Party shall answer in writing within 45 days.
Agreement (CP 1645), Article 208(1)-(3) · Other
“it may request the other Party to provide an explanation … The other Party shall provide the requested information in writing no later than 45 days”
Both waysThe requesting Party may ask for consultations in the EU-UK treaty committee on economy and trade, which shall meet within 30 days.
Agreement (CP 1645), Article 208(4)-(5) · Institutions and disputes
“the requesting Party may request consultations within the Specialised Committee on Economy and Trade … It shall hold its first meeting within 30 days of the request for consultation”
Both waysA Party may send the other Party a written request for information and consultations on State aid; the requested Party shall answer within 30 days and consult.
Agreement (CP 1645), Article 209(1)-(2) · Other
“A Party may deliver to the other Party a written request for information and consultations … the requested Party shall deliver a written response providing the requested information to the requesting Party”
Both waysAfter 60 days the requesting Party may unilaterally take remedial measures against the requested Party's State aid, after notifying them at least 15 days earlier.
Agreement (CP 1645), Article 209(3)-(4) · Other
“the requesting Party may unilaterally take appropriate remedial measures … the requesting Party shall notify the requested Party of the remedial measures”
Both waysThe Party facing remedial measures may within five days ask for an arbitration tribunal, which does not suspend the measures.
Agreement (CP 1645), Article 209(9) · Institutions and disputes
“the notified Party may request, in accordance with Article 305(2), the establishment of an arbitration tribunal”
Both waysThe complaining Party may suspend obligations as set by the tribunal; neither Party may invoke the WTO Agreement or other international agreements to stop the other Party's measures.
Agreement (CP 1645), Article 209(12)-(13) · Other
“complaining Party may suspend obligations under this Agreement … A Party shall not invoke the WTO Agreement or any other international agreement to preclude the other Party”
Both waysPart Six dispute settlement applies to disputes between the Parties on the State aid chapter, except Articles 205 and 206 and individual State aid measures.
Agreement (CP 1645), Article 210(1)-(3) · Institutions and disputes
“Part Six applies to disputes between the Parties concerning the interpretation and application of this Chapter”
Both waysThe Parties commit to good governance in tax, including tax transparency and exchange of information standards, and will improve international cooperation in taxation.
Agreement (CP 1645), Article 211 · Taxation
“The Parties will promote good governance in tax matters, improve international cooperation in the area of taxation”
Both waysA Party shall not lower its legislated level of protection below OECD standards on exchange of information (financial accounts, tax rulings, country-by-country reports).
Agreement (CP 1645), Article 212(1)(a) · Taxation
“A Party shall not weaken or reduce the level of protection provided for in its legislation … the exchange of information, whether upon request, spontaneously or automatically”
Not statedThe taxation chapter is not subject to dispute settlement under Part Six.
Agreement (CP 1645), Article 213 · Taxation
“This Chapter shall not be subject to dispute settlement under Part Six.”
Both waysA Party shall not lower its labour and social levels of protection below those at the end of the transition period, where this affects trade or investment between the EU and the UK for Gibraltar.
Agreement (CP 1645), Article 215(2) · Other
“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”
Both waysParties shall use dialogue, consultation, exchange of information and cooperation on labour disagreements; disputes go only to Articles 235, 236 and 237.
Agreement (CP 1645), Article 217 · Institutions and disputes
“The Parties shall make all efforts through dialogue, consultation, exchange of information and cooperation … the Parties shall have recourse exclusively to the procedures established under Articles 235, 236 and 237”
One way: Spain/EU to GibraltarThe EU shall not lower its environmental and climate levels of protection below those at 31 December 2020, including by failing to enforce its law.
Agreement (CP 1645), Article 219(3) · Environment
“The Union shall not weaken or reduce its environmental and climate levels of protection below the levels in place as at 31 December 2020”
One way: Gibraltar to Spain/EUThe UK for Gibraltar shall uphold environmental and climate levels equivalent to the EU's and effectively enforce environmental and climate law in Gibraltar.
Agreement (CP 1645), Article 219(4) · Environment
“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”
One way: Gibraltar to Spain/EUThe UK for Gibraltar shall ensure Gibraltar's carbon pricing has equivalent scope and effectiveness to the EU's system at entry into force.
Agreement (CP 1645), Article 220(2) · Environment
“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”
Both waysEU carbon pricing covers flights between the EEA and Gibraltar; UK carbon pricing covers flights between the UK and Gibraltar.
Agreement (CP 1645), Article 220(3) · Environment
“the scope of the Union system of carbon pricing shall cover all flights between the European Economic Area and Gibraltar. The scope of the United Kingdom system of carbon pricing shall cover all flights between the United Kingdom and Gibraltar”
Not statedThe EU-UK treaty committee on economy and trade shall regularly be informed about carbon pricing implementation.
Agreement (CP 1645), Article 220(4) · Environment
“shall regularly be informed about the effective implementation of paragraphs 1, 2 and 3”
Both waysThe EU and the UK for Gibraltar commit to respect environmental principles, noting the shared biosphere and cross-border pollution.
Agreement (CP 1645), Article 221 · Environment
“the Union and the United Kingdom, in respect of Gibraltar, commit to respecting the internationally recognised environmental principles”
Both waysThe Parties shall regularly exchange information on ratification of ILO conventions by the EU countries and by the UK for Gibraltar.
Agreement (CP 1645), Article 226(5) · Other
“The Parties shall exchange information, regularly and as appropriate, on the respective situations and progress of the Member States and of the United Kingdom, in respect of Gibraltar”
Not statedEach Party shall adopt measures to exclude IUU fishing products from trade flows, and cooperate to that end.
Agreement (CP 1645), Article 231 · Other
“shall adopt measures to exclude the products of IUU fishing from trade flows, and cooperate to that end”
Both waysThe Parties shall encourage joint work on international sector-specific guidelines on corporate responsibility.
Agreement (CP 1645), Article 233(3) · Other
“The Parties recognise the utility of international sector-specific guidelines in the area of corporate social responsibility and responsible business conduct and shall encourage joint work”
Both waysDisagreements on Chapter 6 go through dialogue and information exchange; disputes only through Articles 235 and 236.
Agreement (CP 1645), Article 234 · Institutions and disputes
“The Parties shall make all efforts through dialogue, consultation, exchange of information and cooperation … the Parties shall have recourse exclusively to the procedures established under Articles 235 and 236”
Both waysDisagreements on the environment chapter go through dialogue and information exchange; disputes only through Articles 235, 236 and 237.
Agreement (CP 1645), Article 223 · Institutions and disputes
“The Parties shall make all efforts through dialogue, consultation, exchange of information and cooperation … the Parties shall have recourse exclusively to the procedures established under Articles 235, 236 and 237”
Both waysA Party may ask the other Party in writing for consultations on climate neutrality and the labour, environment and trade chapters; consultations start within 30 days.
Agreement (CP 1645), Article 235(1) · Institutions and disputes
“A Party may request consultations with the other Party regarding any matter arising under Article 199(3) and Chapters 4, 5 and 6”
Both waysDuring consultations each Party shall give the other Party sufficient information and try to have expert staff take part.
Agreement (CP 1645), Article 235(2) · Institutions and disputes
“each Party shall provide the other Party with sufficient information in its possession”
Both waysThe Parties shall take account of ILO and environmental-agreement body information and jointly seek advice.
Agreement (CP 1645), Article 235(3) · Institutions and disputes
“the Parties shall jointly seek advice from such organisations or their bodies”
Both waysAfter 90 days a Party may ask the other Party in writing for a panel of experts.
Agreement (CP 1645), Article 236(1) · Institutions and disputes
“a Party may, after 90 days from the receipt of a request for consultations under that Article, request that a panel of experts be convened”
Both waysEach Party shall name at least five individuals for the panellist list, and the Parties at least five non-nationals as chairpersons.
Agreement (CP 1645), Article 236(3) · Institutions and disputes
“Each Party shall name at least five individuals to the list to serve as panellists”
Both waysThe Parties shall publish the final report and, if a Party did not conform, discuss measures within 90 days.
Agreement (CP 1645), Article 236(15)-(16) · Institutions and disputes
“The Parties shall make the final report available to the public within 15 days … the Parties shall, within 90 days of the delivery of the final report, discuss appropriate measures”
Both waysIf the respondent Party does not act on the panel report, remedies under Article 316 remain open to the complaining Party.
Agreement (CP 1645), Article 237(3) · Institutions and disputes
“where the respondent Party chooses not to take any action to conform with the report of the panel of experts”
Both waysNeither the EU nor the UK for Gibraltar may tax the other's goods in favour of similar domestic goods.
Agreement (CP 1645), Article 245(1) · Taxation
“The Union and the United Kingdom, in respect of Gibraltar, shall not impose directly or indirectly on goods of each other any taxation”
Both waysPhysical barriers for goods by land are removed, but the Parties may still carry out formalities, checks and controls to ensure correct application of the Title.
Agreement (CP 1645), Article 246(1) · Customs
“formalities required and checks and controls that may be carried out by the Parties to ensure the correct application of this Title”
Not statedEU customs/trade law in Annex 20 applies in Gibraltar once the Cooperation Council decides that border control posts and customs offices exist in the port and airport and EU competent authorities are designated.
Agreement (CP 1645), Article 247(1) · Customs
“provided that the Cooperation Council adopts a decision … declaring that border control posts and customs offices have been established in the port and airport … competent authorities within the Union have been designated”
Not statedUntil the decision, goods other than travellers' luggage are brought into and exported from Gibraltar only by land, with limited sea derogations.
Agreement (CP 1645), Article 247(3) · Customs
“shall be brought into Gibraltar and be exported from Gibraltar only by land”
Both waysThe decision shall set arrangements for joint actions and controls and customs and administrative cooperation between the competent authorities of each side.
Agreement (CP 1645), Article 247(6) · Customs
“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”
Both waysAn independent consultative body set up by the UK for Gibraltar and Spain advises on whether safeguard conditions are met and annually on the effect of Gibraltar tax rates on competition and trade distortion with the frontier zone.
Agreement (CP 1645), Article 248(5) · Taxation
“established by the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain … advise at any time, at the request of the Parties”
One way: Gibraltar to Spain/EUIf the body finds distortion, the UK for Gibraltar must adjust Gibraltar indirect tax rates to the body's recommendation within Annex 24 limits.
Agreement (CP 1645), Article 248(6) · Taxation
“the United Kingdom, in respect of Gibraltar, shall adjust the indirect taxation rates to be applied in Gibraltar”
One way: Spain/EU to GibraltarThe EU may use a safeguard: after notice and 10 working days of consultations it may levy VAT and excise on specified goods at transit opening for goods destined for Gibraltar, for up to 30 days.
Agreement (CP 1645), Article 249(1)-(4) · Taxation
“The Union may use the safeguard procedure provided for in this Article should the United Kingdom, in respect of Gibraltar, not comply … the Union may, for a period not longer than 30 days, levy the VAT and excise”
One way: Spain/EU to GibraltarVAT and excise collected by the EU country under the safeguard are kept by that EU country.
Agreement (CP 1645), Article 249(11) · Taxation
“Amounts of VAT and excise duties collected by the Member State concerned shall be kept by that Member State.”
Both waysThe Parties shall cooperate in customs and indirect taxation, including exchange of information, coordinating controls and movement of goods.
Agreement (CP 1645), Article 250(2) · Customs
“The Parties shall cooperate in the area of customs and indirect taxation, including by:”
Both waysCompetent authorities on both sides give each other mutual administrative assistance in customs matters under the Protocol.
Agreement (CP 1645), Article 250(3) · Customs
“shall provide each other with mutual administrative assistance in customs matters”
Both waysCompetent authorities on both sides cooperate on VAT, transaction tax and excise compliance and recovery of claims under the Protocol.
Agreement (CP 1645), Article 250(4) · Taxation
“shall cooperate with each other to ensure compliance with legislation relating to VAT, transaction tax and excise duties”
Both waysCompetent authorities on both sides may cooperate and exchange information on non-food product safety.
Agreement (CP 1645), Article 250(6) · Customs
“may cooperate and exchange information in the area of non-food product safety and compliance”
Both waysThe EU and the UK for Gibraltar shall each notify their competent authorities to carry out the cooperation.
Agreement (CP 1645), Article 250(7) · Customs
“The Union and the United Kingdom, in respect of Gibraltar, shall notify their”
One way: Gibraltar to Spain/EUThe Gibraltar authorities get access to the EU transit and proof-of-EU-status IT system through Spain's IT system.
Agreement (CP 1645), Article 251(1) · Customs
“the competent authorities of the United Kingdom, in respect of Gibraltar, shall have access to the European transit and proof of Union status IT system … through the IT system of the Kingdom of Spain”
One way: Spain/EU to GibraltarEU competent authorities have real-time, continuous access to relevant IT systems used by Gibraltar authorities for this Title.
Agreement (CP 1645), Article 251(2) · Customs
“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”
Both waysAdministrative arrangements between the UK for Gibraltar and Spain set the practical modalities for 251(1) and (2).
Agreement (CP 1645), Article 251(3) · Customs
“Administrative arrangements between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain”
Both waysThe EU or the UK for Gibraltar may suspend the treaty or take measures after notifying the Cooperation Council and failing agreement within three months.
Agreement (CP 1645), Article 252(2) and (4) · Customs
“the Union or the United Kingdom, in respect of Gibraltar, may suspend the application of this Agreement … the Union or the United Kingdom, in respect of Gibraltar, may decide to act pursuant to paragraph 2 unilaterally”
One way: Spain/EU to GibraltarIn those cases the EU may raise the collection cost, suspend reimbursement of duties, or levy VAT and excise at transit opening for goods destined for Gibraltar.
Agreement (CP 1645), Article 252(3) · Customs
“the Union may increase the collection cost referred to in Article 3 of Annex 21 or suspend the reimbursement of the duties collected”
One way: Gibraltar to Spain/EUGibraltar gives goods from Ceuta and Melilla the same treatment as EU law gives them.
Agreement (CP 1645), Article 253 · Customs
“The import of goods from Ceuta and Melilla into Gibraltar shall be subject to the”
One way: Gibraltar to Spain/EUThe UK for Gibraltar must have and apply legislation so goods are produced or placed on the market in Gibraltar only if they comply with relevant EU law.
Agreement (CP 1645), Article 256(1) · Customs
“The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law”
Not statedGoods lawfully placed on the market in any EU country are presumed compliant with rules for the Gibraltar market.
Agreement (CP 1645), Article 256(2) · Customs
“goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar”
One way: Gibraltar to Spain/EUGibraltar authorities carry out official controls so that local-only food cannot move to an EU country or the EU market.
Agreement (CP 1645), Article 256(3), last subparagraph · Customs
“the competent authorities of the United Kingdom, in respect of Gibraltar, shall carry out official controls and surveillance measures to ensure compliance”
One way: Gibraltar to Spain/EUIf Gibraltar allows UK-authorised medicines, it must have monitoring and enforcement so they do not move to the EU or an EU country.
Agreement (CP 1645), Article 256(4)(c) · Customs
“the United Kingdom, in respect of Gibraltar, has taken effective monitoring and enforcement measures carried out by means of audits and inspections”
One way: Gibraltar to Spain/EUSame condition for medical devices; the UK for Gibraltar must notify the EU-UK treaty committee of the GHA entities.
Agreement (CP 1645), Article 256(5)(e) and footnote 1 · Customs
“the United Kingdom, in respect of Gibraltar, has taken effective monitoring and enforcement measures carried out by means of audits and inspections”
One way: Gibraltar to Spain/EUBefore issuing any new authorisation licence for producing or marketing goods in Gibraltar, the UK for Gibraltar informs the EU via the EU-UK treaty committee.
Agreement (CP 1645), Article 256(7) · Customs
“shall inform the Union via the Specialised Committee on Economy and Trade”
One way: Spain/EU to GibraltarIf an EU country market surveillance authority finds Gibraltar goods non-compliant and informs Gibraltar authorities, they must act without delay on enforcement.
Agreement (CP 1645), Article 257(2) · Customs
“the latter authorities shall without delay take all appropriate and necessary enforcement measures”
One way: Gibraltar to Spain/EUGibraltar authorities may send a reasoned request to the surveillance authorities of an EU country to investigate goods imported from that country and take corrective measures.
Agreement (CP 1645), Article 257(3) · Customs
“those authorities may send a reasoned request to the market surveillance authorities of that Member State to investigate”
One way: Spain/EU to GibraltarEU competent authority representatives verify, in joint visits under Article 265, whether Gibraltar goods comply with EU law; they may request Gibraltar authorities to act, and those authorities must carry out measures expeditiously.
Agreement (CP 1645), Article 257(4) · Customs
“representatives of the competent authorities within the Union shall verify in accordance with Article 265 … The competent authorities of the United Kingdom, in respect of Gibraltar, shall carry out those measures expeditiously”
One way: Gibraltar to Spain/EUGibraltar authorities give EU authorities, by end January and July each year, a list of existing producers with products, quantities and sales by destination.
Agreement (CP 1645), Article 257(5) · Customs
“the competent authorities of the United Kingdom, in respect of Gibraltar, shall provide the competent authorities within the Union with a list of the existing producers”
Both waysThe Parties recognise the importance of cooperation on market surveillance and shall take appropriate action.
Agreement (CP 1645), Article 257(6) · Customs
“The Parties recognise the importance of cooperation on market surveillance”
One way: Gibraltar to Spain/EUThe UK for Gibraltar sets up a tobacco traceability system equivalent to the EU's and adopts additional measures.
Agreement (CP 1645), Article 258(a)-(b) · Tobacco
“The United Kingdom, in respect of Gibraltar, shall, in accordance with the provisions of the Protocol on the traceability … set up a tobacco traceability system that is equivalent to the Union system”
One way: Gibraltar to Spain/EUThe UK for Gibraltar shares traceability information on tobacco movements in Gibraltar with EU authorities, on request.
Agreement (CP 1645), Article 258(c) · Tobacco
“share traceability information on the movements of tobacco products in Gibraltar with the competent authorities within the Union, upon request”
One way: Gibraltar to Spain/EUThe UK for Gibraltar sets up monitoring mechanisms to exchange tobacco information with EU authorities and cooperates with them to fight smuggling, including identifying responsible persons.
Agreement (CP 1645), Article 258(d)-(e) · Tobacco
“establish monitoring mechanisms to exchange information with the competent authorities within the Union … cooperate, including by exchanging information with the competent authorities within the Union to fight tobacco smuggling”
Not statedFor goods transferred to and from Gibraltar for UK MoD or visiting third-country forces, authorities on both sides ensure customs controls take place only at a designated post during fixed hours; EU authorities ensure controls are done as soon as reasonably practicable.
Agreement (CP 1645), Article 260(1) · Customs
“the competent authorities within the Union and the competent authorities of the United Kingdom, in respect of goods to be transferred to and from Gibraltar exclusively for the official use of the Ministry of Defence”
Both waysAdministrative arrangements between the UK and Spain set the practical modalities for Chapter 5.
Agreement (CP 1645), Article 260(7) · Customs
“Administrative arrangements between the United Kingdom and the Kingdom of Spain”
One way: Spain/EU to GibraltarTransfers of military items and Category A, B and C firearms to Gibraltar's forces, police or authorities are subject to Spanish export control law, and Spain imposes an authorisation requirement.
Agreement (CP 1645), Article 261(1) · Customs
“The Kingdom of Spain shall impose an authorisation requirement on the transfers of these items.”
One way: Spain/EU to GibraltarSpain assesses licence applications for Common Military List transfers case by case.
Agreement (CP 1645), Article 261(3) · Customs
“The Kingdom of Spain shall assess the licence applications submitted for transfers of items on the Common Military List”
One way: Spain/EU to GibraltarSpain imposes an authorisation requirement on dual-use transfers and may impose or prohibit others for public security or human rights reasons.
Agreement (CP 1645), Article 262(1)-(3) · Customs
“The Kingdom of Spain shall impose an authorisation requirement on the transfers of dual-use items listed in Annex I”
One way: Spain/EU to GibraltarSpain's competent authority grants, refuses, annuls, suspends, modifies or revokes transfer authorisations, taking its obligations and policy into account.
Agreement (CP 1645), Article 263(1)-(3) · Customs
“Transfer authorisations under this Chapter shall be granted by the competent authority of the Kingdom of Spain … may refuse to grant a transfer authorisation and may annul, suspend, modify or revoke”
One way: Gibraltar to Spain/EUThe UK must give the Spanish Liaison Officer a list of items and a certificate signed by the UK Liaison Officer before the transfer.
Agreement (CP 1645), Article 264(2) · Customs
“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”
One way: Spain/EU to GibraltarEU competent authorities verify compliance with Title II and have access to infrastructures, documentation, records and other information.
Agreement (CP 1645), Article 265(1) · Customs
“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”
One way: Spain/EU to GibraltarGibraltar authorities cooperate and are informed in advance of the reasons for any visit, so it can be carried out jointly with EU authorities.
Agreement (CP 1645), Article 265(2) · Customs
“shall cooperate in that regard and shall be informed in advance of the reasons for any visit”
One way: Spain/EU to GibraltarReferences to the EU customs territory read as including Gibraltar; the EU takes measures so movements between Gibraltar and EU countries are not treated as third-country movements.
Agreement (CP 1645), Article 266(a) · Customs
“the Union shall take the measures necessary to ensure that transactions or movements between Gibraltar and Member States or between Member States and Gibraltar are not treated as transactions or movements between third countries”
One way: Spain/EU to GibraltarGibraltar is not read as an EU country for access to EU networks, systems or databases unless the EU considers access strictly necessary.
Agreement (CP 1645), Article 266(b) · Customs
“unless the Union considers that full or partial access by the United Kingdom, in respect of Gibraltar, is strictly necessary”
One way: Spain/EU to GibraltarGibraltar authorities shall not act as leading authority for risk assessments, examinations, approvals and authorisations under applied EU law.
Agreement (CP 1645), Article 266(c) · Customs
“shall not act as leading authority for risk assessments, examinations, approvals and authorisation procedures”
Not statedUntil the Article 247(1) decision, entry of travellers' goods, pets and cash into Gibraltar is subject to Annexes 22 and 23.
Agreement (CP 1645), Article 267 · Customs
“the entry into Gibraltar of goods carried by travellers in their personal luggage, as well as their pets, and the entry and exit of cash shall be subject to the provisions set out in”
One way: Gibraltar to Spain/EUThe exemption for certain pre-entry-into-force import duty exemption certificates applies only if the UK for Gibraltar has given EU competent authorities copies of all such certificates and three years of import quantities.
Agreement (CP 1645), Article 269(2) · Customs
“provided that the United Kingdom, in respect of Gibraltar, has provided to the competent authorities within the Union copies of all such extant certificates”
Both waysAir carriers of each Party may overfly Gibraltar and make non-traffic stops at Gibraltar airport, non-discriminatorily.
Agreement (CP 1645), Article 272(1) · Other
“the air carriers of each Party shall be able to exercise on a non-discriminatory basis”
One way: Spain/EU to GibraltarAir services between Gibraltar airport and EU points only by EU or EU-authorised carriers, under EU law.
Agreement (CP 1645), Article 272(2) · Other
“may be provided only by air carriers of the Union or by air carriers authorised under Union law”
Both waysCompetent authorities of the Parties agree to consult each other on extending agreements to Gibraltar and their practical implementation.
Agreement (CP 1645), Article 272(4) · Other
“The competent authorities of the Parties agree to consult each other”
One way: Spain/EU to GibraltarEU acts listed in Annex 25 and subsequent acts amending, supplementing or on their subject apply to Gibraltar airport.
Agreement (CP 1645), Article 273(3)-(4) · Other
“the provisions contained in the acts listed in the Annex 25 shall apply to Gibraltar airport”
Both waysEU must immediately notify the UK for Gibraltar of subsequent acts; UK for Gibraltar has 30 days to notify whether it accepts and implements.
Agreement (CP 1645), Article 273(5) · Other
“it shall immediately notify the United Kingdom, in respect of Gibraltar … the United Kingdom, in respect of Gibraltar, shall notify the Union of its decision”
Both waysCompetent authorities of the EU and the UK for Gibraltar exchange regular safety and security information under the EU-UK treaty committee on aviation.
Agreement (CP 1645), Article 273(7)(a) · Other
“The competent authorities of the Union and the United Kingdom, in respect of Gibraltar, shall, under the auspices of the Specialised Committee on Aviation”
Both waysJoint inspection visits to Gibraltar airport at the request of either Party; the other cannot refuse.
Agreement (CP 1645), Article 273(7)(b) · Other
“take place at the request of either Party that the other Party cannot refuse”
One way: Spain/EU to GibraltarCarriers under an EU operating ban may not operate to and from Gibraltar airport.
Agreement (CP 1645), Article 273(8) · Other
“shall not be permitted to operate to and from Gibraltar airport”
Both waysCarriers subject to the restrictive measures of either Party may not operate to and from Gibraltar airport.
Agreement (CP 1645), Article 273(9) · Other
“subject to the restrictive measures of either of the Parties”
Both waysJoint venture company under shared responsibility of the UK for Gibraltar and Spain selects and supervises the company running Gibraltar airport.
Agreement (CP 1645), Article 274(1) · Other
“under the shared responsibility of the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain”
Both waysPrivate persons may sue the joint venture through UK (Gibraltar) or EU country courts, as appropriate.
Agreement (CP 1645), Article 274(3) · Other
“including through the courts of the United Kingdom, in respect of Gibraltar, or of a Member State, as appropriate”
Both waysParties shall allow road transport of goods between their territories; in the EU limited to the contiguous frontier zone.
Agreement (CP 1645), Article 276(1) · Other
“The Parties shall allow the transport of goods by road between their territories”
One way: Spain/EU to GibraltarEU must allow ambulance services by Gibraltar-established operators under GHA direction within its territory.
Agreement (CP 1645), Article 276(2) · Other
“The Union shall allow within its territory the provision of the following ambulance services”
One way: Gibraltar to Spain/EUUK for Gibraltar must allow in Gibraltar ambulance services by EU operators from the contiguous frontier zone.
Agreement (CP 1645), Article 276(3) · Other
“shall allow within the territory of Gibraltar the provision of the following ambulance services”
One way: Spain/EU to GibraltarEU must allow commercial road transit of goods between the UK and Gibraltar through its territory, plus unladen journeys.
Agreement (CP 1645), Article 277 · Other
“The Union shall allow the transport with a commercial purpose, with transit through its territory”
Both waysLicence copy kept on vehicle and shown at request of any inspecting officer authorised by a Party.
Agreement (CP 1645), Article 278(3) · Other
“presented at the request of any inspecting officer authorised by a Party”
Both waysA Party may not reject or prohibit in its territory a vehicle on a journey that meets Annex 27 requirements.
Agreement (CP 1645), Article 281(1) · Other
“A Party shall not reject or prohibit the use in its territory of a vehicle”
Both waysDrivers must obey road traffic law of the other Party when in its territory.
Agreement (CP 1645), Article 282 · Other
“when in the territory of the other Party, comply with the domestic laws and regulations in force in that territory”
Both waysA Party proposing a new road-transport regulatory measure notifies the other Party and keeps it informed.
Agreement (CP 1645), Article 283(1) · Other
“it shall: (a) notify the other Party of the proposed regulatory measure”
Both waysA Party adopting a new regulatory measure notifies the other Party and supplies the text within one week of publication.
Agreement (CP 1645), Article 283(3) · Other
“it shall notify the other Party and supply the text of the new regulatory measure within one week of its publication”
Both waysAt a Party's request, exchange of views and Committee meeting within two months on new measures.
Agreement (CP 1645), Article 283(2),(4) · Other
“At the request of a Party, an exchange of views shall take place”
Both waysA Party may adopt remedial measures, including suspension of obligations, after notice, if the other Party applies a non-compliant regulatory measure to its road operators.
Agreement (CP 1645), Article 284(1) · Other
“If a Party considers that the other Party has adopted a new regulatory measure”
Both waysA Party may not invoke the WTO Agreement or other agreements to stop the other Party suspending obligations.
Agreement (CP 1645), Article 284(3) · Other
“A Party shall not invoke the WTO Agreement or any other international agreement to preclude the other Party”
Both waysRoad haulage vehicles of a Party exempt from vehicle possession and circulation taxes in the other Party's territory.
Agreement (CP 1645), Article 285(1) · Taxation
“shall be exempt from the taxes and charges levied on the possession or circulation of vehicles in the territory of the other Party”
Not statedFuel in standard tanks and lubricants free of customs duties, taxes and import restrictions.
Agreement (CP 1645), Article 285(3) · Customs
“shall be free of customs duties and any other taxes and levies”
Both waysSpare parts admitted temporarily duty-free; replaced parts re-exported or destroyed under control of the other Party's customs authorities.
Agreement (CP 1645), Article 285(4) · Customs
“under the control of the customs authorities of the other Party”
Both waysEach Party gives ships of the other side no less favourable treatment than its own in ports, and makes port services available to the other Party's suppliers.
Agreement (CP 1645), Article 286(a)-(b) · Other
“Each Party shall: … make available, in the port and the port internal waters, to international maritime transport service suppliers of the other Party”
Both waysBefore measures under GATT XX(i) and (j), a Party gives the other Party all relevant information; 30 days; informs immediately if urgent action taken.
Agreement (CP 1645), Article 287(4) · Other
“that Party shall provide the other Party with all relevant information”
Both waysNo Party is required to furnish or allow access to information contrary to its essential security interests.
Agreement (CP 1645), Article 288(a) · Other
“to require a Party to furnish or allow access to any information the disclosure of which it considers contrary to its essential security interests”
Not statedCompetent authorities jointly determine whether the treaty and a tax convention between the EU or EU countries and the UK for Gibraltar are inconsistent.
Agreement (CP 1645), Article 289(1) · Taxation
“the relevant competent authorities under this Agreement and that tax convention shall jointly determine whether an inconsistency exists”
One way: Gibraltar to Spain/EUEU citizens legally residing in Spain have a right to take up and pursue employed frontier work in Gibraltar under rules applicable to UK nationals in Gibraltar.
Agreement (CP 1645), Article 292(1) · Mobility
“shall have a right to take up and pursue an activity as an employed frontier worker in Gibraltar”
One way: Spain/EU to GibraltarUK nationals legally residing in Gibraltar have a right to take up and pursue employed frontier work in Spain under rules applicable to Spanish nationals.
Agreement (CP 1645), Article 292(2) · Mobility
“shall have a right to take up and pursue an activity as an employed frontier worker in the Kingdom of Spain”
Not statedEmployed frontier workers entitled to equal treatment (employment, social and tax advantages, unions, training) in the other territory.
Agreement (CP 1645), Article 292(3)-(4) · Mobility
“enjoy the same right to equal treatment as employed Spanish nationals in Kingdom of Spain”
Both waysRight to enter, stay and leave to register with employment services and to work, and to retain frontier worker status, in Gibraltar and Spain respectively.
Agreement (CP 1645), Article 292(5) · Mobility
“shall enjoy the following rights in Gibraltar and the Kingdom of Spain, respectively”
Not statedPublic service posts involving public-law powers may be refused to such persons by Gibraltar or Spain.
Agreement (CP 1645), Article 292(6) · Mobility
“may be refused the right to take up employment in the public service”
Not statedSelf-employed frontier workers get equal-treatment rights; applies to both groups.
Agreement (CP 1645), Article 292(7)-(8) · Mobility
“Paragraph 7 of this Article shall apply mutatis mutandis to persons as referred to in point (b)”
Both waysFamily members and children of frontier workers have equal treatment on social and tax advantages and education, in Gibraltar and mutatis mutandis in Spain.
Agreement (CP 1645), Article 293 · Mobility
“shall apply mutatis mutandis to the family members and the children of persons referred to in point (b)”
Both waysPosted workers from Spain to Gibraltar and from Gibraltar to Spain may enter, leave and stay without hindrance and get host-territory employment terms.
Agreement (CP 1645), Article 295(1) · Mobility
“shall enjoy the right to enter, leave and stay without hindrance necessary for the supply of those services”
Not statedFrontier workers have a right to be issued a document certifying their status, possibly digital.
Agreement (CP 1645), Article 296 · Mobility
“shall have the right to be issued with a document certifying their status under this Part”
Not statedRights under Title II may be restricted on grounds of public policy, public security or public health.
Agreement (CP 1645), Article 297(1) · Mobility
“may be restricted by means of measures which are justified on grounds of public policy”
Both waysNeither the UK for Gibraltar nor Spain may prevent the individual from submitting a defence in person, save exceptions.
Agreement (CP 1645), Article 297(6) · Mobility
“The United Kingdom, in respect of Gibraltar, or the Kingdom of Spain, may not prevent the individual”
Both waysUK for Gibraltar and Spain apply their social security systems in accordance with the Protocol on Social Security Coordination.
Agreement (CP 1645), Article 298 · Social security
“the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall apply their social security systems”
Both waysCooperation Council sets up a financial mechanism for cohesion between Gibraltar and the contiguous frontier zone; both Parties should fund it.
Agreement (CP 1645), Article 299(1)-(2) · Other
“Both Parties should provide funding for the mechanism”
Not statedA Party may seize the Cooperation Council to resolve a dispute on excluded provisions.
Agreement (CP 1645), Article 301(3) · Institutions and disputes
“The Cooperation Council may be seized by a Party with a view to resolving a dispute”
Both waysRespondent Party may state that a claim affects sovereignty and jurisdiction; tribunal then declares lack of jurisdiction and its decisions have no effect on UK or Spain's legal position.
Agreement (CP 1645), Article 301(6) · Institutions and disputes
“the request may affect the legal position of the United Kingdom or of the Kingdom of Spain or with regard to sovereignty and jurisdiction … shall not produce any legal effects direct or indirect, on the legal position of the United Kingdom or of the Kingdom of Spain”
Both waysParties undertake not to take disputes under the treaty to any other settlement mechanism.
Agreement (CP 1645), Article 302 · Institutions and disputes
“The Parties undertake not to submit a dispute between them regarding the interpretation or application of provisions of this Agreement”
Not statedWhere a measure breaches both this treaty and another treaty, the Party seeking redress picks the forum and may not then use the other forum.
Agreement (CP 1645), Article 303(1)-(2) · Institutions and disputes
“the Party seeking redress shall select the forum in which to settle the dispute”
Both waysA complaining Party may request consultations in writing from the respondent Party; Parties shall try to resolve the matter in good faith.
Agreement (CP 1645), Article 304(1)-(2) · Institutions and disputes
“If a Party ("the complaining Party") considers that the other Party ("the respondent Party") has breached an obligation”
Both waysRespondent Party replies within 10 days; consultations held within 30 days, in the respondent Party's territory if in person.
Agreement (CP 1645), Article 304(3) · Institutions and disputes
“The respondent Party shall reply to the request promptly, and in any case no later than 10 days after the date of its delivery … consultations shall take place in the territory of the respondent Party, unless the Parties agree otherwise”
Both waysEach Party gives enough facts for a full examination of the measure and tries to ensure its competent authorities' experts take part.
Agreement (CP 1645), Article 304(6) · Institutions and disputes
“Each Party shall provide sufficient factual information to allow a complete examination of the measure at issue … Each Party shall endeavour to ensure the participation of personnel of their competent authorities”
Not statedConsultations are held in the Cooperation Council, except disputes under Part Three Title I Chapters 3, 4, 5; Council may resolve the dispute by decision.
Agreement (CP 1645), Article 304(7) · Institutions and disputes
“The consultations referred to in paragraph 1 of this Article shall be held in the framework of the Cooperation Council, except for disputes relating to Chapters 3, 4 and 5 of Title I of Part Three”
Not statedConsultations, designated confidential information and positions taken are confidential.
Agreement (CP 1645), Article 304(8) · Institutions and disputes
“Consultations, and in particular all information designated as confidential and positions taken by the Parties during consultations, shall be confidential”
Not statedThe complaining Party may request an arbitration tribunal in written request to the respondent Party if consultations fail or are not held.
Agreement (CP 1645), Article 305(1)-(2) · Institutions and disputes
“The complaining Party may request the establishment of an arbitration tribunal if”
Both waysParties consult on tribunal composition; failing that each Party appoints one arbitrator from its own sub-list, and the complaining Party's Cooperation Council co-chair picks by lot for a defaulting Party.
Agreement (CP 1645), Article 306(2)-(4) · Institutions and disputes
“each Party shall appoint an arbitrator from the sub-list for that Party established pursuant to Article 319 … the co-chair of the Cooperation Council from the complaining Party shall select”
Both waysEach Party may ask the tribunal to review the interim report and may comment on the other Party's request.
Agreement (CP 1645), Article 311(2) · Institutions and disputes
“Each Party may deliver to the arbitration tribunal a written request to review precise aspects of the interim report … A Party may comment on the other Party's request”
One way: Spain/EU to GibraltarWhere a dispute raises a question on EU-law concepts, the tribunal must not decide it but must ask the Court of Justice of the EU, whose ruling binds the tribunal.
Agreement (CP 1645), Article 312(1) · Institutions and disputes
“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”
Both waysThe EU or the UK for Gibraltar may make submissions that a CJEU request should be made; either Party may seek review within 10 days.
Agreement (CP 1645), Article 312(2) · Institutions and disputes
“if the Union or the United Kingdom, in respect of Gibraltar, considers that a request in accordance with paragraph 1 is to be made, it may make submissions to the arbitration tribunal to that effect … either Party may request the arbitration tribunal to review its assessment”
Not statedRespondent Party must comply immediately with the tribunal's ruling and notify the complaining Party within 30 days of the measures taken.
Agreement (CP 1645), Article 313(1)-(2) · Institutions and disputes
“that Party shall take the necessary measures to comply immediately with the ruling of the arbitration tribunal … The respondent Party, no later than 30 days after delivery of the ruling, shall deliver a notification to the complaining Party”
Not statedIf immediate compliance is impossible, the respondent Party notifies the length of a reasonable period and reports progress a month before it ends.
Agreement (CP 1645), Article 314(1)-(3) · Institutions and disputes
“the respondent Party, no later than 30 days after delivery of the ruling referred to in Article 311(4), shall deliver a notification to the complaining Party”
Not statedAfter non-compliance the complaining Party may suspend obligations under the covered provisions (10 days after notice) or take temporary compensation.
Agreement (CP 1645), Article 316(1)-(2), (5) · Institutions and disputes
“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 … The complaining Party may suspend the obligations 10 days after the date of delivery”
Not statedRespondent Party may ask the tribunal to decide if the suspension level is too high; no suspension until the tribunal decides.
Agreement (CP 1645), Article 316(6) · Institutions and disputes
“If the respondent Party considers that the notified level of suspension of obligations exceeds the level equivalent to the nullification or impairment caused by the violation, it may deliver a written request”
Not statedRespondent Party notifies any compliance measure; complaining Party must end the suspension within 30 days.
Agreement (CP 1645), Article 317(1) · Institutions and disputes
“The complaining Party shall terminate the suspension of obligations within 30 days from the delivery of the notification”
Both waysTribunal may seek information from the Parties; the Parties must respond promptly and fully.
Agreement (CP 1645), Article 318(1) · Institutions and disputes
“The Parties shall respond promptly and fully to any request by the arbitration tribunal for such information”
Not statedCooperation Council lists arbitrators in three sub-lists: one proposed by the EU, one by the UK for Gibraltar, one of non-nationals as chairpersons.
Agreement (CP 1645), Article 319(1)-(2) · Institutions and disputes
“one sub-list of individuals established on the basis of proposals by the Union; … one sub-list of individuals established on the basis of proposals by the United Kingdom, in respect of Gibraltar”
Both waysTribunal decisions and rulings bind the EU and the UK but create no rights or obligations for natural or legal persons.
Agreement (CP 1645), Article 321(2) · Institutions and disputes
“The decisions and rulings of the arbitration tribunal shall be binding on the Union and on the United Kingdom.”
Both waysTribunal cannot judge legality under a Party's domestic law; its findings do not bind either Party's domestic courts on domestic law.
Agreement (CP 1645), Article 321(4) · Institutions and disputes
“the arbitration tribunal shall have no jurisdiction to determine the legality under the domestic law of a Party of a measure alleged to constitute a breach … shall bind the domestic courts or tribunals of either Party”
Both waysEach Party publishes the tribunal's rulings and decisions, subject to protecting confidential information.
Agreement (CP 1645), Article 321(5) · Institutions and disputes
“Each Party shall make the rulings and decisions of the arbitration tribunal publicly available”
Both waysAt the request of both Parties the tribunal suspends its work for up to 12 months; either Party may ask to resume it.
Agreement (CP 1645), Article 322 · Institutions and disputes
“At the request of both Parties, the arbitration tribunal shall suspend its work at any time … at the written request of either Party”
Both waysParties jointly notify a mutually agreed solution; each Party takes measures to implement it and the implementing Party informs the other in writing.
Agreement (CP 1645), Article 323(2)-(5) · Institutions and disputes
“Each Party shall take the measures necessary to implement the mutually agreed solution within the agreed time period … the implementing Party shall inform the other Party in writing”
Both waysEach Party bears its own costs; the Parties share organisational costs and arbitrator fees equally.
Agreement (CP 1645), Article 325 · Institutions and disputes
“Each Party shall bear its own expenses … The Parties shall share jointly and equally the expenses”
Not statedFast-track arbitration for remedial measures (Article 209): short deadlines for tribunal composition and written submissions by complaining and respondent Party.
Agreement (CP 1645), Article 327(2)-(3) · Institutions and disputes
“the complaining Party shall deliver its written submission no later than seven days after the date of establishment of the arbitration tribunal. The respondent Party shall deliver its written submission”
Both waysThe Parties review the implementation of the treaty jointly four years after entry into force and regularly after.
Agreement (CP 1645), Article 330 · Institutions and disputes
“The Parties shall jointly review the implementation of this Agreement and supplementing agreements”
Not statedNo Party need disclose confidential information that would impede law enforcement or harm public interest, except where a tribunal or panel of experts requires it.
Agreement (CP 1645), Article 331(1) · Institutions and disputes
“Nothing in this Agreement or in any supplementing agreement shall be construed as requiring a Party to make available confidential information, the disclosure of which would impede law enforcement”
Both waysWhere a Party gives confidential information to the Cooperation Council or EU-UK treaty committees, the other Party must treat it as confidential.
Agreement (CP 1645), Article 331(2) · Institutions and disputes
“When a Party submits information to the Cooperation Council or to Specialised Committees that is considered confidential under its laws and regulations, the other Party shall treat that information as confidential”
Both waysNo Party must disclose classified information; the Parties shall agree handling instructions for sensitive non-classified information they exchange.
Agreement (CP 1645), Article 332 · Institutions and disputes
“The Parties shall agree on handling instructions to ensure the protection of sensitive non-classified information and material exchanged between them”
Both waysEither Party may terminate the treaty by written notification through diplomatic channels; it ends on the first day of the twelfth month after notification.
Agreement (CP 1645), Article 334 · Institutions and disputes
“Either Party may terminate this Agreement by written notification through diplomatic channels”
Both waysEntry into force after both Parties notify each other of internal procedures; provisional application only if Parties have notified each other that the implementation plan and administrative arrangements are in effect.
Agreement (CP 1645), Article 336(1)-(2) · Institutions and disputes
“both Parties have notified each other that they have completed their respective internal requirements … the Parties have notified each other of the fact that the implementation plan referred to in Article 7”
Not statedTitles I to IV of Part Two, Title II of Part Three and Title III of Part Four stop applying when the listed administrative arrangements are suspended or terminated, and resume when suspension is lifted.
Agreement (CP 1645), Article 336(5) · Other
“shall cease to apply as from the day on which the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of this Agreement”
One way: Gibraltar to Spain/EUUK, for Gibraltar, commits to set up a direct bilateral notification channel with Spain for nuclear accidents.
Annex 5, Annex 5 (last sentence) · Other
“the United Kingdom, in respect of Gibraltar, commits to establishing a direct reciprocal bilateral channel of notification with the Kingdom of Spain”
Both waysEU and UK for Gibraltar notify each other of their co-chairs.
Annex 6 (Rules of Procedure), Rule 1(1) · Institutions and disputes
“The Union and the United Kingdom, in respect of Gibraltar, shall notify each other of the name, position and contact details”
Both waysEU and UK for Gibraltar notify each other of their Secretariat member; Secretariat has one official of each.
Annex 6 (Rules of Procedure), Rule 2 · Institutions and disputes
“shall notify each other of the name, position and contact details of the official who is the member of the Secretariat”
Both waysEither side may request a Cooperation Council meeting; Council endeavours to meet within 30 days.
Annex 6 (Rules of Procedure), Rule 3(1) · Institutions and disputes
“Where the Union or the United Kingdom, in respect of Gibraltar, has transmitted a request for a meeting through the Secretariat, the Cooperation Council shall endeavour to meet within 30 days”
Both waysEach side informs the other of its delegation before each meeting.
Annex 6 (Rules of Procedure), Rule 4(1) · Institutions and disputes
“the Union and the United Kingdom, in respect of Gibraltar, shall inform each other through the Secretariat of the intended composition of their respective delegations”
Both waysProvisional agenda includes items requested by either side, submitted 15 days before.
Annex 6 (Rules of Procedure), Rule 7(2) · Institutions and disputes
“The provisional agenda shall include items requested by the Union or the United Kingdom, in respect of Gibraltar”
Both waysParty hosting a meeting drafts minutes; other Party may comment within seven days.
Annex 6 (Rules of Procedure), Rule 8(1) · Institutions and disputes
“member of the Secretariat of the Party hosting the meeting … appointed by the other Party for comments”
Both waysWritten-procedure draft decision from one co-chair: other Party has one month to agree.
Annex 6 (Rules of Procedure), Rule 9(1) · Institutions and disputes
“presented in writing by a co-chair to the other co-chair … The other Party shall have one month”
Both waysOther side must treat confidential information submitted to the Council as confidential.
Annex 6 (Rules of Procedure), Rule 10(3) · Institutions and disputes
“If the Union or the United Kingdom, in respect of Gibraltar, submits information that is confidential … the other party shall treat that information received as confidential”
Both waysUK for Gibraltar and Spain each ensure border crossing point infrastructure at Gibraltar port and airport is in place and maintained.
Annex 7, para 1 · Schengen checks
“The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall ensure that the necessary infrastructure”
One way: Spain/EU to GibraltarBorder crossing infrastructure must allow Spain's authorities to carry out border checks, with facilities for checks in the Second Line Checks Area.
Annex 7, para 2 · Schengen checks
“so as to allow the competent authorities of the Kingdom of Spain to carry out border checks … Appropriate facilities shall be provided to enable the conduct of thorough checks in the Second Line Checks Area”
Both waysUK for Gibraltar and Spain ensure airport operators separate Schengen and other passenger flows.
Annex 7, para 3 · Schengen checks
“The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall, in particular, ensure that the airport operator(s) take the requisite measures”
Both waysUK for Gibraltar and Spain ensure port operators provide infrastructure for checks in an area near the port.
Annex 7, para 4 · Schengen checks
“The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall, in particular, ensure that the port operator(s) take the requisite measures”
One way: Gibraltar to Spain/EUUK for Gibraltar ensures captains of private flights give the general declaration and passenger identity simultaneously to Gibraltar and Spanish authorities.
Annex 7, para 5 · Schengen checks
“The United Kingdom, in respect of Gibraltar, shall ensure that the captain of a private flight … is provided simultaneously and without delay to both the competent authorities of the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain”
One way: Gibraltar to Spain/EUUK for Gibraltar ensures ship masters submit crew and passenger lists and stowaway signals simultaneously to Gibraltar and Spanish authorities.
Annex 7, para 6 · Schengen checks
“The United Kingdom, in respect of Gibraltar, shall ensure that for ships … simultaneously and without delay to both the competent authorities of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain”
Not statedAdds to the offence list for Articles 55 and 56 all offences giving rise to extradition or surrender, and for Article 55 evading law-enforcement checks where national law allows.
Annex 8, closing paragraphs (Articles 55 and 56) · Surveillance and pursuit
“all other criminal offences which may give rise to extradition or surrender and, where compliant with national law, also evading checks from law enforcement authorities”
Not statedCriminal record information is exchanged between an EU country and UK for Gibraltar over a common encrypted communication infrastructure.
Annex 12, Article 2(1) · Police and judicial cooperation
“between, on the one side, a Member State and, on the other side, the United Kingdom, in respect of Gibraltar, shall take place using a common communication infrastructure”
Both waysEU countries and UK for Gibraltar use standardised interconnection software to exchange criminal record information with the other central authorities.
Annex 12, Article 3(1) · Police and judicial cooperation
“The Member States and the United Kingdom, in respect of Gibraltar, shall use a standardised interconnection software”
One way: Gibraltar to Spain/EUUK for Gibraltar develops and runs its own interconnection software and makes it comply with ECRIS and eu-LISA specifications before entry into force.
Annex 12, Article 3(4) · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, shall be responsible for the development and operation of its own interconnection software … any further technical requirements established by eu-LISA”
One way: Spain/EU to GibraltarEU ensures UK for Gibraltar is told without undue delay of planned changes to ECRIS technical specifications and given needed information.
Annex 12, Article 3(5) · Police and judicial cooperation
“the Union shall ensure that the United Kingdom, in respect of Gibraltar, is informed without undue delay of any planned changes”
Not statedRequests for criminal record information are submitted in a standard electronic form in an official language of the requested EU country or of UK for Gibraltar.
Annex 12, Article 4(3) · Police and judicial cooperation
“All requests for information referred to in Article 111 of this Agreement shall be submitted in a standardised electronic format … one of the official languages of the requested Member State or of the United Kingdom, in respect of Gibraltar”
Both waysThe requested EU country or UK for Gibraltar replies in standard electronic form with a list of convictions.
Annex 12, Article 4(4) · Police and judicial cooperation
“The requested Member State or the United Kingdom, in respect of Gibraltar, shall reply either in one of its official languages”
Both waysEU countries and UK for Gibraltar use the common offence codes when sending conviction information.
Annex 12, Article 5(1) · Police and judicial cooperation
“the Member States and the United Kingdom, in respect of Gibraltar, shall refer to the corresponding code for each of the offences”
Both waysEU countries and UK for Gibraltar give the EU-UK treaty committee on the circulation of persons lists of national offences and sentence types, kept updated.
Annex 12, Article 5(5) · Police and judicial cooperation
“shall be provided by the Member States and the United Kingdom in respect of Gibraltar, to the Specialised Committee on the Circulation of Persons”
Both waysIf electronic transmission is down, EU countries and UK for Gibraltar send criminal record information by any written means that proves authenticity.
Annex 12, Article 6 · Police and judicial cooperation
“the Member States and the United Kingdom, in respect of Gibraltar, shall transmit information by any means capable of producing a written record”
Both waysEU countries and UK for Gibraltar observe eu-LISA common technical specifications and adapt systems without undue delay.
Annex 12, Article 7 · Police and judicial cooperation
“The Member States and the United Kingdom, in respect of Gibraltar, shall observe common technical specifications”
Not statedTravelling into an EU country or Gibraltar to commit or join terrorism, or train, is within the terrorism definition.
Annex 13, Annex 13, paragraph 9.2(a) · Police and judicial cooperation
“travelling to a Member State or Gibraltar for the purpose of”
Not statedWarrant must be written or translated into an official language of the executing EU country, or English when Gibraltar is the executing actor.
Annex 14, Annex 14 (arrest warrant form), footnote 1 · Police and judicial cooperation
“This warrant must be written in, or translated into, one of the official languages of the executing Member State … or into English when the United Kingdom, in respect of Gibraltar, is the executing actor”
Both waysOffence-list boxes may be ticked only if both issuing and executing sides have made a notification under Article 118(4).
Annex 14, Annex 14, point (e) Section I · Police and judicial cooperation
“the issuing Member State or the United Kingdom, in respect of Gibraltar, if it is the issuing actor, and the United Kingdom, in respect of Gibraltar, if it is the executing actor, or the executing Member State, have made a notification under Article 118(4) of the Agreement”
Both waysIssuing side will, on request of the executing side, give an assurance to review a life sentence or encourage clemency.
Annex 14, Annex 14, point (h) · Police and judicial cooperation
“The issuing Member State or the United Kingdom, in respect of Gibraltar, if it is the issuing actor, will upon request by the executing Member State or the United Kingdom, in respect of Gibraltar, if it is the executing actor, give an assurance”
Both waysRequest form identifies requesting and requested actor, each being an EU country or the UK for Gibraltar.
Annex 15, Annex 15, Section A · Police and judicial cooperation
“Requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor … Requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor”
Both waysRequesting side must give details of prior contact and earlier requests, stating whether the UK or Gibraltar was approached.
Annex 15, Annex 15, Section D · Police and judicial cooperation
“Provide details of any prior contact by the requesting Member State or by the United Kingdom, in respect of Gibraltar, if it was the requesting actor”
Both waysWhere documents to be served are not available in the language of the requested side, a short summary must be supplied.
Annex 15, Annex 15, Section E(2) · Police and judicial cooperation
“if it is not available in the language of the requested Member State or of the United Kingdom, in respect of Gibraltar, if it is the requested actor”
Both waysRequest may ask for temporary transfer of a person in custody to the requesting or to the requested side, each side named.
Annex 15, Annex 15, Section G(1) · Police and judicial cooperation
“Temporary transfer of a person held in custody to the requesting Member State or to Gibraltar, where the United Kingdom, in respect of Gibraltar, is the requesting actor … Temporary transfer of a person held in custody to the requested Member State or to Gibraltar, where the United Kingdom, in respect of Gibraltar, is the requested actor”
Both waysRequest may ask the requested side to allow use of technical recording devices in its territory.
Annex 15, Annex 15, Section G(1) · Police and judicial cooperation
“Use of technical recording devices in the territory of a requested Member State or of Gibraltar, where the United Kingdom, in respect of Gibraltar, is the requested actor”
Not statedRequest may seek covert investigation measures, searches and seizures, bank and traffic data.
Annex 15, Annex 15, Section G(1) · Police and judicial cooperation
“Covert investigation (If ticked section H7 must be completed)”
Not statedRequest states whether officials of the requesting territory or State need to be present at a search.
Annex 15, Annex 15, Section H1 · Police and judicial cooperation
“Will any officials of the requesting territory or State need to be present at the search?”
Both waysRequest for provisional measure says whether the item goes to the requesting side or stays with the requested side.
Annex 15, Annex 15, Section H5 · Police and judicial cooperation
“the item is to be transferred to the requesting Member State or to Gibraltar, where the United Kingdom, in respect of Gibraltar, is the requesting actor … the item is to remain in the requested Member State or in Gibraltar, where the United Kingdom, in respect of Gibraltar, is the requested actor”
Both waysRequest for temporary transfer of a person in custody asks whether the person consented; one limb for each side.
Annex 15, Annex 15, Section H6 · Police and judicial cooperation
“If a temporary transfer to the requesting Member State or to Gibraltar, where the United Kingdom, in respect of Gibraltar, is the requesting actor … If a temporary transfer to the requested Member State or to Gibraltar, where the United Kingdom, in respect of Gibraltar, is the requested actor”
Both waysRequesting side may ask the requested authority to comply with stated formalities and procedures.
Annex 15, Annex 15, Section I(1) · Police and judicial cooperation
“It is requested that the relevant / competent authority of the requested Member State or of the United Kingdom, in respect of Gibraltar, if it is the requested actor, comply with the following formalities and procedures”
Both waysRequesting side may ask that its officials be present at execution in support of the requested side's authorities.
Annex 15, Annex 15, Section I(2) · Police and judicial cooperation
“one or several officials of the requesting Member State or of the United Kingdom, in respect of Gibraltar, if it is the requesting actor, is present during the execution of the request in support of the competent authorities of the requested Member State or of the United Kingdom, in respect of Gibraltar, if it is the requested actor”
Both waysRequesting side must give grounds for believing property is in the requested side's territory.
Annex 16, Annex 16, Freezing Form Section D · Police and judicial cooperation
“Grounds for believing that the person has property/income in the territory of the requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor”
One way: Spain/EU to GibraltarWhere the requesting actor is an EU country, it states if the request also went to Gibraltar and other EU countries.
Annex 16, Annex 16, Freezing Form Section G · Police and judicial cooperation
“where the requesting actor is a Member State, to the United Kingdom, in respect of Gibraltar, and one or more Member States”
Both waysProperty stays frozen in the requested side pending the confiscation order.
Annex 16, Annex 16, Freezing Form Section I · Police and judicial cooperation
“The property shall remain frozen in the requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor, pending the transmission and execution of the confiscation order”
Both waysOriginal or authenticated freezing order must go with the request form.
Annex 16, Annex 16, Freezing Form Section O · Police and judicial cooperation
“The original or duly authenticated copy of the freezing order must be provided with the Freezing/Provisional Measures Request Form if a freezing order has been issued in the requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor”
Both waysRequesting side names its central authority for sending and receiving freezing requests.
Annex 16, Annex 16, Freezing Form Section M · Police and judicial cooperation
“Please indicate the central authority responsible for the administrative transmission and receipt of freezing requests in the requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor”
Both waysRequesting side states whether confiscation in the requested side may take the form of payment of a sum of money.
Annex 16, Annex 16, Confiscation Form Section H(1) · Police and judicial cooperation
“allows for the confiscation in the requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor, to take the form of a requirement to pay a sum of money”
Both waysRequesting side states whether property other than money may be transferred to it.
Annex 16, Annex 16, Confiscation Form Section H(2) · Police and judicial cooperation
“may be transferred to the requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor”
Both waysRequesting side states whether the requested side may apply imprisonment in default if confiscation cannot be executed.
Annex 16, Annex 16, Confiscation Form Section I · Police and judicial cooperation
“allows for the application by the requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor, of imprisonment in default”
Both waysRequesting side names its central authority for sending and receiving confiscation requests.
Annex 16, Annex 16, Confiscation Form Section N (volume II) · Police and judicial cooperation
“the central authority responsible for the administrative transmission and receipt of the Confiscation Request Form in the requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor”
One way: Gibraltar to Spain/EUGibraltar's authority applies EU State aid guidelines and notices in the same way as the European Commission.
Annex 18, Annex 18, introductory paragraphs · Other
“shall be implemented in Gibraltar in the same manner as in the Union, and the independent authority or body of the United Kingdom, in respect of Gibraltar, shall apply them in the same way as the European Commission”
One way: Gibraltar to Spain/EUGibraltar need not adopt certain EU State aid acts until it has the activity or intends to grant such aid; its authority must still have due regard if asked to assess aid.
Annex 18, Annex 18, introductory paragraphs · Other
“is not required to incorporate such Union acts into its domestic legal system until it has the respective economic activities … its independent authority or body has to pay due regard without delay to the relevant Union acts in this Annex if called upon to assess State aid”
Not statedEU-origin goods for Gibraltar move under NCTS code T2GI from the designated customs post to the Gibraltar authorities as office of destination.
Annex 19, Article 1(1) · Customs
“shall be moved by land or by sea using the New Computerised Transit System … the goods shall be moved following the transit process to the competent authorities of the United Kingdom, in respect of Gibraltar”
One way: Spain/EU to GibraltarDesignated customs post keeps a register of exports to Gibraltar; the information goes to the Gibraltar authorities for working out transaction tax and excise.
Annex 19, Article 1(2) · Customs
“a register shall be kept by the designated customs post … This information shall be transmitted on item level to the competent authorities of the United Kingdom”
One way: Gibraltar to Spain/EUGibraltar authorities send an arrival advice the day goods are presented and a control-results message with proof of tax within three working days to the departure post.
Annex 19, Article 1(3) · Customs
“shall notify the designated customs post that acted as … shall forward a "control results" message”
One way: Spain/EU to GibraltarIf messages or proofs are missing or transit is not discharged, the designated customs post treats the movement as an irregular entry and levies VAT and excise in the EU country; holder liable.
Annex 19, Article 1(4) · Customs
“the relevant designated customs post shall treat the movement as an irregular entry and levy the applicable VAT and excise duties in … The holder of the transit procedure shall be liable for the relevant amount”
One way: Gibraltar to Spain/EUFor goods under a tax-suspension procedure in Gibraltar, Gibraltar authorities supply case-by-case information to the departure post when goods leave the procedure to the market, are re-exported or destroyed.
Annex 19, Article 1(5) · Customs
“information on a case by case basis to the designated customs post which acted as”
One way: Gibraltar to Spain/EUGibraltar authorities supply the departure post monthly proof of tax levied on goods placed on the Gibraltar market, and case-by-case proof of exit or destruction.
Annex 19, Article 1(6) · Customs
“shall supply to the designated customs post, which acted as office of departure for the T2GI transit … on a monthly basis, proof that transaction tax and, if applicable, excise duties, have been”
One way: Gibraltar to Spain/EUIf proofs of discharge are missing within nine months, Gibraltar authorities transfer the VAT and excise amount to the EU country of the office of departure.
Annex 19, Article 1(6), last subparagraph · Customs
“shall transfer to the Member State of the office of departure the amount … of the VAT and excise duties applicable at the time of discharge”
One way: Spain/EU to GibraltarThe designated customs posts listed in Appendix 1 to Annex 21 are the exit customs office for all exports of goods from the EU into Gibraltar.
Annex 19, Article 1(7) · Customs
“shall be the exit customs office for all exports of goods from the Union into Gibraltar”
Both waysAdministrative arrangements between EU competent authorities and Gibraltar competent authorities set the practical modalities for Article 1.
Annex 19, Article 1(8) · Customs
“Administrative arrangements between the competent authorities within the … Union and the competent authorities of the United Kingdom, in respect of”
Not statedGoods moved from Gibraltar to the EU use NCTS code T2GI and move to the designated customs post in the EU as office of destination.
Annex 19, Article 2(1) · Customs
“the NCTS shall be used applying … the goods shall be moved following the transit process to the designated customs post in the Union acting as office of destination”
One way: Gibraltar to Spain/EUIf the Gibraltar departure office has no proof goods arrived at a designated post, Gibraltar collects the EU country's VAT and excise and transfers it to that EU country's authorities.
Annex 19, Article 2(2) · Customs
“shall collect the relevant VAT and excise duties applicable in the … shall transfer the taxes levied to”
Both waysAdministrative arrangements between EU and Gibraltar competent authorities set the practical modalities for Article 2(2).
Annex 19, Article 2(3) · Customs
“Administrative arrangements between the competent authorities within the … Union and the competent authorities of the United Kingdom, in respect of”
Not statedEU goods cleared at the designated customs post in Algeciras may go by sea directly to Gibraltar within two hours under T2GI, and the ship must be entirely unloaded in Gibraltar.
Annex 19, Article 4 · Customs
“may be transported by sea directly from this designated customs post via the shortest route … The ship shall be entirely unloaded in Gibraltar”
Not statedEU goods exported from Gibraltar as ship supplies may leave by port or airport only if they comply with EU customs and indirect tax provisions; Annex 21 Article 8(1) applies except presentation at a designated post.
Annex 19, Article 5 · Customs
“may leave the territory of Gibraltar via the port or airport, provided that they comply with the … Union customs and indirect taxation provisions applicable for comparable”
One way: Spain/EU to GibraltarEU customs acts, import/export prohibition acts, mutual assistance law, product rules, VAT and excise law and others, as in force in the EU at the time, are applied in Gibraltar.
Annex 20, paragraph 1 · Customs
“shall be applied in the United Kingdom, in respect of Gibraltar … The provisions referred to in this paragraph shall be those applicable at the … time in the Union.”
Not statedThe Cooperation Council determines in greater detail the EU law provisions in paragraph 1.
Annex 20, paragraph 2 · Customs
“shall be determined in greater detail by the Cooperation Council”
Not statedProper collection of customs duties in Gibraltar is considered part of the protection of the financial interests of the EU.
Annex 20, paragraph 3 · Customs
“The proper collection of customs duties in Gibraltar shall be considered as … part of the protection of the financial interests of the Union.”
One way: Spain/EU to GibraltarThe EU is authorised to carry out, on behalf of the Gibraltar authorities, customs clearance for non-EU goods for Gibraltar at a designated customs post, and is responsible for authorisation and supervision of the procedures.
Annex 21, Article 1(1) · Customs
“The Union shall be authorised to carry out, on behalf of the competent … The Union shall be also responsible for the … authorisation procedure, supervision and remaining aspects of these procedures”
One way: Spain/EU to GibraltarImport duties are levied at the designated customs post on behalf of Gibraltar.
Annex 21, Article 1(3) · Customs
“duties shall be levied in the relevant designated customs post on behalf of the”
One way: Gibraltar to Spain/EUGibraltar shall not refund these sums directly or indirectly.
Annex 21, Article 1(3), second sentence · Customs
“shall not refund these sums directly or indirectly”
Not statedGoods released at a designated customs post for Gibraltar move under NCTS code T1GI to the Gibraltar authorities as customs office of destination.
Annex 21, Article 2(1) · Customs
“NCTS shall be used thereafter applying the code T1GI … the goods shall be moved following the transit process to the competent”
One way: Gibraltar to Spain/EUGibraltar customs office of destination sends an arrival advice the day goods arrive and a control-results message with proof of tax by the third working day.
Annex 21, Article 2(2) · Customs
“shall notify the designated customs post that acted as office of departure … shall forward a "control results" message to the office of”
One way: Spain/EU to GibraltarEU countries with designated customs posts keep separate Gibraltar accounts for import duty collected on goods for Gibraltar.
Annex 21, Article 3(1)(a) · Customs
“Member States with designated customs posts shall maintain separate … Gibraltar accounts for import duty collected on goods destined for Gibraltar”
Both waysCorrections to duty entitlements after 31 December of the third year are not entered, except on points notified before then by the Commission, an EU country or Gibraltar.
Annex 21, Article 3(5) · Customs
“except on points notified before this date either by the … European Commission or by a Member State or by the United Kingdom, in respect”
Not statedArticle 2 of Regulation 2021/768 (own-resources inspection measures) applies, including to documents proving goods arrived in Gibraltar.
Annex 21, Article 3(6) · Customs
“Article 2 of Council Regulation (EU, Euratom) 2021/768 … which prove that the goods”
One way: Spain/EU to GibraltarEU countries credit entitlements to the Commission's account and keep a percentage of import duties collected on behalf of Gibraltar as collection costs.
Annex 21, Article 3(7) · Customs
“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”
One way: Spain/EU to GibraltarThe Commission transfers amounts credited to a Gibraltar account within thirty days of an EU country's notification.
Annex 21, Article 3(9), first sentence · Customs
“The European Commission shall transfer the amounts credited to an account … within thirty days from the”
One way: Gibraltar to Spain/EUGibraltar informs the Commission of the account details to be credited and bears any charges on this account.
Annex 21, Article 3(9), second sentence · Customs
“shall inform the European Commission of … the details of the account to be credited and shall bear any charges on this account”
One way: Spain/EU to GibraltarAuthorities of EU countries with designated posts may decide not to enter challenged, secured duties in the Gibraltar accounts, recording them in separate accounts until disputes are settled.
Annex 21, Article 4(1) · Customs
“may decide not to make an entry in … the accounts of the United Kingdom, in respect of Gibraltar if the established duties”
Both waysFor forced recovery of debts the competent authorities are the Gibraltar judicial authorities in Gibraltar or the competent authorities within the EU in their territory.
Annex 21, Article 4(2)(c) · Customs
“the judicial authorities of the United Kingdom, in respect of Gibraltar, … in Gibraltar or the competent authorities within the Union in their territory”
One way: Spain/EU to GibraltarIf the special transit procedure cannot be discharged, at the latest three months after release, an entry is made in the register and the initial Gibraltar account entry is corrected; duties become EU own resources.
Annex 21, Article 5(2) · Customs
“a correction shall be made to the initial entry in the accounts of the United Kingdom, … the import duties shall be established as the … Union's own resources”
One way: Spain/EU to GibraltarDesignated customs post keeps a register of imports bound for Gibraltar and the information is transmitted to the Gibraltar authorities for tax calculation.
Annex 21, Article 6(1) · Customs
“a register shall also be kept by the designated customs post … This information shall be transmitted to the competent authorities of the United”
One way: Spain/EU to GibraltarIf messages or tax proofs are missing, or transit is not discharged, the designated customs post treats it as an irregular entry and levies EU country VAT and excise; transit holder liable.
Annex 21, Article 6(2) · Customs
“the relevant designated customs post shall treat the movement as an irregular entry and … levy the VAT and excise duties applicable in the Member State of the designated customs post … The holder of the transit procedure shall be liable for the relevant amount”
Not statedThe discharge declaration for inward processing or temporary admission goes to the designated customs post, and Gibraltar processed products or goods must be physically presented there.
Annex 21, Article 7(2) · Customs
“must be physically presented in that … designated customs post when the customs declaration for discharge is submitted”
Not statedIn exceptional cases goods may leave Gibraltar port by sea without physical presentation at the post; the authorisation holder submits a re-export declaration to the designated post at least 48 hours before removal, and the post discharges the procedure.
Annex 21, Article 7(3) · Customs
“The holder of the authorisation shall submit a re-export declaration at the designated customs post … at least 48 hours before the effective removal from Gibraltar port … This designated customs”
One way: Spain/EU to GibraltarGoods arriving by sea in Gibraltar from outside the customs union may be placed under inward processing or temporary admission; the declaration goes to a designated post and goods may not leave the port until the post releases them.
Annex 21, Article 7(4) · Customs
“The customs declaration shall be sent to a … designated customs post and the goods shall not be moved from the port until the … release of the goods for the relevant special procedures by the designated customs”
One way: Spain/EU to GibraltarCustoms clearance of exports from Gibraltar to non-union countries is carried out at any designated customs post under EU law.
Annex 21, Article 8(1) · Customs
“shall be carried out at any designated … shall be carried out by the designated customs posts in accordance with”
One way: Gibraltar to Spain/EUGibraltar authorities issue a T1GI or T2GI document for goods presented for export, submitted to the designated post as office of destination.
Annex 21, Article 8(2) · Customs
“those authorities shall issue a T1GI or T2GI document”
One way: Gibraltar to Spain/EUWhere Gibraltar has no proof goods reached a designated post, Gibraltar collects EU country VAT and excise (T2GI) and transfers it to that EU country's authorities; for T1GI the Gibraltar office informs the designated post.
Annex 21, Article 8(3) · Customs
“shall collect, in the case of code T2GI, the relevant VAT and … shall transfer the taxes levied to the competent authorities of that Member State … the customs office of departure shall inform the designated”
Both waysAdministrative arrangements between EU and Gibraltar competent authorities set the practical modalities for Article 8(3).
Annex 21, Article 8(4) · Customs
“Administrative arrangements between the competent authorities within the … Union and the competent authorities of the United Kingdom, in respect of”
Not statedShip supplies may leave Gibraltar by port or airport solely in accordance with EU customs and indirect tax provisions; clearance by the designated post is not required for presentation.
Annex 21, Article 8(5) · Customs
“may leave the territory of Gibraltar via the port or airport solely … in accordance with the Union customs and indirect taxation provisions applicable”
One way: Spain/EU to GibraltarThe EU designates at least three customs posts, located in Spain: La Linea de la Concepcion, Algeciras and Sagunto.
Annex 21, Appendix 1, paragraph 1 · Customs
“customs posts designated by the Union … which shall be located in the Kingdom of … Spain, as follows”
Not statedWhere goods qualify for preferential tariff treatment under the EU-UK Trade and Cooperation Agreement, its tariff quotas, tariffs and verification and administrative cooperation procedures apply.
Annex 21, Appendix 2 · Customs
“procedures of verification and administrative cooperation shall be applied”
One way: Spain/EU to GibraltarEU competent authorities notify Gibraltar competent authorities of a joint visit to inspect aircraft, ships, infrastructure and facilities in Gibraltar where a risk to the internal market for goods is identified.
Annex 22, Article 1(1) · Customs
“The competent authorities within the Union shall submit a notification to the … competent authorities of the United Kingdom, in respect of Gibraltar, for the … to inspect the relevant aircraft, ships, infrastructures and”
One way: Gibraltar to Spain/EUGibraltar competent authorities make themselves available so the visit can be carried out jointly with the EU authorities.
Annex 22, Article 1(2) · Customs
“shall make themselves available so that the visit can be carried out jointly with the … competent authorities within the Union”
Both waysPractical modalities of the visits are laid down in administrative arrangements between the UK for Gibraltar and the Kingdom of Spain.
Annex 22, Article 1(3) · Customs
“administrative arrangements between the United … Kingdom, in respect of Gibraltar, and the Kingdom of Spain”
Not statedActions during joint visits include verifying online information, inspecting ships and aircraft, selective controls of goods, random and risk-based inspection of passengers' goods, and Annex 21 Article 3(6) inspection measures.
Annex 22, Article 2(1) · Customs
“the actions and … measures that can be undertaken during the joint visits shall include the following … inspections of ships and aircraft at Gibraltar port or airport”
One way: Gibraltar to Spain/EUGibraltar competent authorities provide in real time the online information, including customs documents, on ships and aircraft entering and exiting Gibraltar port and airport.
Annex 22, Article 2(1)(a) · Customs
“provided in real time by the competent authorities of the United Kingdom, in”
One way: Gibraltar to Spain/EUGibraltar competent authorities carry out the actions and measures expeditiously.
Annex 22, Article 2(1), last sentence · Customs
“shall carry out the actions and measures expeditiously”
One way: Spain/EU to GibraltarEU competent authorities have continued real-time online access to timetables, arrival and leaving notices, customs documents and previous crew and passenger check data for ships and aircraft at Gibraltar port and airport.
Annex 22, Article 2(2) · Customs
“authorities within the Union shall have a continued real-time online access to the”
One way: Spain/EU to GibraltarIf Gibraltar fails to comply with Article 1(2), commercial goods movement into or from the Gibraltar port (and airport where allowed) is suspended after the EU authorities notify the Commission, until compliance.
Annex 22, Article 3(1) · Customs
“shall be suspended after notification by the competent authorities within the Union to the”
One way: Gibraltar to Spain/EUGibraltar competent authorities inform the EU competent authorities of the measures and sanctions taken after the findings of a joint visit.
Annex 22, Article 3(2) · Customs
“shall inform the competent authorities within the Union of the measures and … sanctions taken following the findings of a joint visit”
One way: Spain/EU to GibraltarEU competent authorities may use the information only to exercise their rights under the treaty and may not disclose it beyond EU bodies unless Gibraltar authorises.
Annex 22, Article 4, first and second sentences · Customs
“may use information as referred to in … this Annex only for the purpose of exercising their rights under the Agreement … do not disclose information other than to the institutions, bodies, offices and agencies of the Union”
One way: Gibraltar to Spain/EUGibraltar competent authorities may not decline to authorise such disclosure except for duly justified reasons.
Annex 22, Article 4, third sentence · Customs
“may not decline to authorise such disclosure except for duly justified reasons”
One way: Gibraltar to Spain/EUGibraltar competent authorities are entitled to request written information on how trade destined for Gibraltar is administered; the designated customs post provides it as soon as possible.
Annex 22, Article 5 · Customs
“shall be entitled to request written information on how trade destined for Gibraltar is being … Such information shall be provided by the designated customs post as”
Not statedDefines the competent authorities for cash control as Gibraltar customs or Spanish customs, depending on destination.
Annex 23, Article 1(1)(d) · Customs
“customs authorities of the United Kingdom, in respect of Gibraltar, or the Kingdom of Spain”
Not statedCarriers of EUR 10 000 or more in cash must declare it to the competent authorities in the airport when entering or leaving Gibraltar and make it available for control.
Annex 23, Article 2(1) · Customs
“shall declare that cash to the competent authorities in the airport as a general rule when entering or leaving Gibraltar”
Not statedCompetent authorities may control persons, luggage and means of transport, as a general rule at Gibraltar airport, including passengers arriving or leaving via Gibraltar port.
Annex 23, Article 3(1) · Customs
“the competent authorities shall have the power to carry out controls on natural persons, their luggage and their means of transport,”
Not statedCompetent authorities may temporarily detain cash by administrative decision if the declaration duty is unmet or there are indications of criminal activity.
Annex 23, Article 5(1) · Customs
“The competent authorities may temporarily detain cash by means of an administrative decision”
Not statedThe competent authority transmits information from cash declarations and controls to the Financial Intelligence Unit competent for the UK for Gibraltar.
Annex 23, Article 6 · Customs
“shall transmit the information obtained in the cash declarations and during their controls to the Financial Intelligence Unit”
Both waysBoth the UK for Gibraltar and the EU exempt land travellers' non-commercial goods up to EUR 300 per person.
Annex 23, Article 11(1), second subparagraph · Customs
“The United Kingdom, in respect of Gibraltar, and the Union shall exempt from customs duties and indirect taxation imports of non-commercial goods in the case of travellers by land”
Both waysBoth the EU and the UK for Gibraltar exempt tobacco allowances for imports by land (200 cigarettes etc.).
Annex 23, Article 12(2) · Customs
“The Union and the United Kingdom, in respect of Gibraltar, shall exempt from customs duties and indirect taxation imports by land”
Both waysNon-commercial traveller goods moving between the EU and Gibraltar are not subject to reimbursement of indirect taxes on leaving one territory and entering the other.
Annex 23, Article 17 · Customs
“moving between the Union and Gibraltar shall not be subject to the reimbursement of indirect taxes when leaving the territory of one and entering the territory of the other”
Both waysAt the end of the transitory period the EU and the UK for Gibraltar each take measures to treat travellers' non-commercial goods as transactions originating in the place of departure, if Gibraltar's excise and transaction-tax system is in place.
Annex 23, Article 18(a) and (b) · Customs
“the Union shall take the measures necessary to ensure that non-commercial goods in the luggage of travellers from Gibraltar via land or from Gibraltar airport or port are treated as transactions originating in the Kingdom of Spain … the United Kingdom, in respect of Gibraltar, shall take the measures necessary to ensure that non-commercial goods in the luggage of travellers to Gibraltar”
Both waysIf the independent consultative body finds a distortion and the UK for Gibraltar has not complied with Article 248(5), the Parties may reintroduce traveller allowances; not if the EU has invoked safeguard.
Annex 23, Article 18(c) · Customs
“the Parties may reintroduce allowances for non-commercial goods in the luggage of travellers”
One way: Spain/EU to GibraltarFor luggage and pets of travellers entering Gibraltar port and airport, listed EU animal-health, official-controls and plant-health law applies in Gibraltar.
Annex 23, Article 19(1) · Customs
“the following provisions of Union law shall apply in the United Kingdom, in respect of Gibraltar”
Both waysThe Article 19(1) procedures and controls do not apply to luggage and pets of travellers moving between the EU and Gibraltar through the land border.
Annex 23, Article 19(2) · Customs
“brought by travellers moving between the Union and Gibraltar through the land border”
Not statedProducts brought into the EU by travellers via land immediately after entering through Gibraltar port or airport are exempt from the Annex procedures for goods, pets and cash.
Annex 23, Article 20(1) · Customs
“Products brought into the Union by travellers via land immediately after entering through Gibraltar port or airport are exempted”
Both waysThe Parties ensure goods in luggage of passengers arriving through Gibraltar port are transferred to Gibraltar airport for checks together with the passengers.
Annex 23, Article 20(2) · Customs
“the Parties shall ensure that goods in the luggage of passengers coming through Gibraltar port are transferred immediately to Gibraltar airport”
One way: Spain/EU to GibraltarCurrent and future EU legislation on prohibitions, restrictions (arms, dual use, cultural goods, CITES) and sanctions applies to goods of this Annex entering and leaving Gibraltar, as specified by the EU-UK treaty committee.
Annex 23, Article 21 · Customs
“Union legislation concerning the following shall apply in relation to goods of this Annex entering and leaving Gibraltar”
Both waysAdministrative arrangements are to be established between the UK for Gibraltar and Spain to exchange information on declarations and on controls of goods, cash and pets carried by passengers.
Annex 23, Article 22(1) · Customs
“Administrative arrangements shall be established between the United … Kingdom, in respect of Gibraltar, and the Kingdom of Spain to exchange information”
One way: Spain/EU to GibraltarThe competent authorities within the EU set up a counter, a branch of a designated customs post, in Gibraltar airport for declarations, controls and checks on goods and cash going into the EU.
Annex 23, Article 22(2) · Customs
“The competent authorities within the Union shall establish a counter, serving as a branch office of a designated customs post, in Gibraltar airport”
One way: Gibraltar to Spain/EUCompetent authorities of the UK for Gibraltar may control goods carried by travellers between the EU and Gibraltar at any moment and point on their customs territory, including the land border, when necessary.
Annex 23, Article 22(3) · Customs
“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”
One way: Spain/EU to GibraltarGibraltar's standard transaction-tax rate is set not less than the lowest standard VAT rate applied by an EU country (17 % at signature), with a three-year phase-in.
Annex 24, Article 2(3)(a) · Taxation
“the standard rate shall be set at not less than the lowest standard VAT rate applied by a Member State”
One way: Gibraltar to Spain/EUIf the UK for Gibraltar modifies the list of reduced-rate goods it does so in line with EU VAT law and notifies the EU before the change takes effect.
Annex 24, Article 2(6) · Taxation
“it shall only do so in line with Union legislation concerning VAT and shall notify the Union prior to the modifications taking effect”
One way: Gibraltar to Spain/EUIf the UK for Gibraltar wants a discretionary exemption from VAT or harmonised excise duty it first notifies the EU-UK treaty committee, which approves or rejects it.
Annex 24, Article 4(1), second subparagraph · Taxation
“it shall first notify the Specialised Committee on Economy and Trade, which shall assess whether the exemption may be implemented”
One way: Gibraltar to Spain/EUThe UK for Gibraltar refunds transaction tax and excise duty on a good exported to the EU if the exporter proves VAT (and excise where applicable) was paid in the EU.
Annex 24, Article 5, first paragraph · Taxation
“shall refund the transaction tax and excise duty, where applicable, charged on a good upon its export to the Union provided the exporter can prove that VAT”
Not statedThe designated customs post notifies the Gibraltar competent authorities when goods are exported outside the customs union via that post.
Annex 24, Article 5, second paragraph · Taxation
“The designated customs post shall notify the competent authorities of the United Kingdom, in respect of Gibraltar, thereof”
One way: Spain/EU to GibraltarExcise duties in Gibraltar apply consistently with EU excise legislation at any time; new EU excise duties apply in Gibraltar unless the consultative body recommends up to one year suspension.
Annex 24, Article 6(1) · Taxation
“Excise duties in Gibraltar shall be applied consistently with applicable Union excise legislation at any given time”
One way: Spain/EU to GibraltarWithin three years Gibraltar's target excise rates must not diverge by more than six points from, or be equivalent to 94 % of, rates applied in Spain.
Annex 24, Article 6(2)(b) · Taxation
“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”
Not statedTemporary exceptional-circumstance measures must have no negative impact on the EU's internal market through fiscal fraud risk or distortion of competition.
Annex 24, Article 9(3) · Taxation
“It shall be ensured that such temporary measures have no negative impact on the Union's internal market”
One way: Gibraltar to Spain/EUThe UK for Gibraltar compiles and provides to the EU-UK treaty committee quarterly statistics on transaction tax and excise duty paid in Gibraltar.
Annex 24, Article 10 · Taxation
“shall compile and provide to the Specialised Committee on Economy and Trade statistics on the transaction tax and excise duty paid in Gibraltar on a quarterly basis”
Not statedCompetent authorities of the UK for Gibraltar provide statistical data on the structure and rates of excise duty on manufactured tobacco.
Annex 24, Appendix 2, Section 3, point 8 · Taxation
“shall provide statistical data on the structure and rates of excise duty applied on manufactured tobacco”
Both waysEach Party's competent authorities designate a national contact point for exchanging information with the other Party's authorities on road haulage operator admission.
Agreement (CP 1645), Annex 27 Part A, Annex 27 Part A, Article 14(1) · Other
“The competent authorities in each Party shall designate a national contact point responsible for the exchange of information with the competent authorities of the other Party”
Both waysCompetent authorities of each Party cooperate closely and swiftly give one another mutual assistance and relevant information to implement and enforce the Part.
Agreement (CP 1645), Annex 27 Part A, Annex 27 Part A, Article 14(2) · Other
“The competent authorities in each Party shall cooperate closely and shall swiftly provide one another with mutual assistance”
Both waysOn a duly justified request from a competent authority in the other Party, an authority checks whether an undertaking meets admission conditions and reports results and measures taken.
Agreement (CP 1645), Annex 27 Part A, Annex 27 Part A, Article 14(3) · Other
“shall carry out individual checks to verify whether an undertaking meets the conditions governing admission to the occupation of road haulage operator whenever a competent authority in the other Party so requests in duly justified cases”
Both waysCompetent authorities in each Party exchange information on convictions and penalties for serious infringements referred to in Article 6(2).
Agreement (CP 1645), Annex 27 Part A, Annex 27 Part A, Article 14(4) · Other
“The competent authorities in each Party shall exchange information on convictions and penalties for any serious infringements”
Both waysGood repute test counts convictions or penalties for serious offences or infringements incurred in one or both Parties, including journeys with loading and unloading in the other Party.
Agreement (CP 1645), Annex 27 Part A, Annex 27 Part A, Article 6(1)(b) · Other
“have not in one or both Parties been convicted of a serious criminal offence or incurred a penalty for a serious infringement”
Both waysWhere a manager or operator has a most serious conviction or penalty in one or both Parties, the authority in the Party of establishment runs an administrative procedure, with on-site inspection if appropriate.
Agreement (CP 1645), Annex 27 Part A, Annex 27 Part A, Article 6(2) · Other
“in one or both Parties, the competent authority in the Party of establishment shall carry out and complete in an appropriate and timely manner an administrative procedure”
Both waysWhen assessing good repute, authorities check whether the designated transport manager is declared unfit in one of the Parties.
Agreement (CP 1645), Annex 27 Part A, Annex 27 Part A, Article 12(2) · Other
“are declared, in one of the Parties, unfit to manage the transport activities of an undertaking pursuant to Article 11”
Not statedTransport manager must reside in the Party in whose territory the operator is established.
Agreement (CP 1645), Annex 27 Part A, Annex 27 Part A, Article 4(1)(b) · Other
“is resident in the Party in the territory of which the road haulage operator is established”
Not statedFinancial standing is judged on the accounts of the entity established in the Party where authorisation is sought, not an entity established in the other Party.
Agreement (CP 1645), Annex 27 Part A, Annex 27 Part A, Article 7(4) · Other
“and not those of any other entity established in the other Party”
Not statedCarrying out cabotage or other operations not complying with the laws of the host Party counts as a serious infringement for good repute.
Agreement (CP 1645), Annex 27 Part A, Annex 27 Part A, Appendix 27-A-1-1bis, table (10) item 5 · Other
“Carrying out cabotage or other transport operations not in compliance with the laws, regulations and administrative provisions, including limitations on the number of journeys, in force in the host Party”
Not statedDriving without valid proof of roadworthiness tests required by EU law or by UK law in respect of Gibraltar is a most serious infringement.
Agreement (CP 1645), Annex 27 Part A, Annex 27 Part A, Appendix 27-A-1-1bis, table (5) item 1 · Other
“as required by the Union law and the law of the United Kingdom, in respect of Gibraltar”
Both waysThe UK for Gibraltar and the EU countries use ERRU for the exchange of information under Article 14(3) and (4).
Agreement (CP 1645), Annex 27 Part A, Annex 27 Part A, Appendix 27-A-1-5 Part 3, paragraph 1 · Other
“The United Kingdom, in respect of Gibraltar, and the Member States of the Union shall use the European Registers of Road Transport Undertakings”
One way: Gibraltar to Spain/EUThe UK for Gibraltar connects its national electronic register to ERRU under Regulation (EU) 2016/480 as adapted.
Agreement (CP 1645), Annex 27 Part A, Annex 27 Part A, Appendix 27-A-1-5 Part 3, paragraph 2 · Other
“The United Kingdom, in respect of Gibraltar, shall carry out the … in accordance with the procedures and technical requirements laid down in Regulation (EU) 2016/480”
Both waysThe UK for Gibraltar and each EU country designate an ERRU contact point for the exchange of information of the other Party.
Agreement (CP 1645), Annex 27 Part A, Annex 27 Part A, Appendix 27-A-1-5 Part 3, paragraph 4 · Other
“The United Kingdom, in respect of Gibraltar, and each Member State of the Union shall designate an ERRU contact point responsible for the exchange of information of the other Party”
One way: Spain/EU to GibraltarThe EU may suspend Gibraltar's access to ERRU if the UK for Gibraltar ceases to meet the Appendix conditions.
Agreement (CP 1645), Annex 27 Part A, Annex 27 Part A, Appendix 27-A-1-5 Part 5 · Other
“The Union may suspend the access of the United Kingdom, in respect of Gibraltar, to ERRU if the United Kingdom, in respect of Gibraltar, ceases to meet the conditions set out in this Appendix”
One way: Gibraltar to Spain/EUGibraltar licence entitles the holder to carry goods in EU countries as permitted by any international agreement; holder must obey the laws of Gibraltar and each EU country.
Agreement (CP 1645), Annex 27 Part A, Annex 27 Part A, Appendix 27-A-1-3 Part B (second page of Gibraltar licence) · Other
“within the territory of a Member State permitted by any international agreement between the United Kingdom, in respect of Gibraltar, and the European Union or a Member State”
Both waysA driver qualification card or equivalent issued by competent authorities in a Party is recognised by the other Party.
Agreement (CP 1645), Annex 27 Part B, Annex 27 Part B, Section 1, Article 9 · Other
“issued by the competent authorities in a Party shall be recognised by the other Party for the purposes of this Section”
Both waysA road haulage operator of one Party is liable for its drivers' infringements even where committed on the other Party's territory.
Annex 27, Part B, Section 2 (driving times), Article 7(3) · Other
“A road haulage operator of a Party shall be liable for infringements committed by drivers of the operator, even if the infringement was committed on the territory of the other Party”
Both waysEach Party (EU country for the EU) may grant listed exceptions on its own territory or, with the other Party's agreement, on the other Party's territory.
Annex 27, Part B, Section 2 (driving times), Article 8(3) · Other
“each Party and, in the case of the Union, a Member State may grant exceptions from Articles 3 to 6 … with the agreement of the other Party, on the territory of the other Party”
Both waysTemporary exceptions for exceptional circumstances must be reasoned and notified at once to the other Party; each Party publishes them and its enforcement takes account of the other's exception.
Annex 27, Part B, Section 2 (driving times), Article 8(4) · Other
“The temporary exceptions shall be duly reasoned and notified immediately to the other Party … Each Party shall immediately publish that information on a public website and shall ensure that its enforcement activities take into account an exception granted by the other Party”
Both waysA Party that disapplies Section 3 for mobile workers and self-employed drivers must notify the other Party.
Annex 27, Part B, Section 3 (working time), Article 1(3)-(4) · Other
“Where a Party disapplies the application of this Section under paragraph 3, that Party shall notify the other Party”
Not statedThe EU-UK treaty committee on economy and trade is to be informed of derogations a Party applies.
Annex 27, Part B, Section 3 (working time), Article 7(3) · Other
“The Specialised Committee on Economy and Trade shall be informed of the derogations applied by a Party”
Not statedDaily and weekly driving times count all driving on the territory of the Parties.
Annex 27, Part B, Section 2 (driving times), Article 4(4) · Other
“Daily and weekly driving times shall include all driving time on the territory of the Parties”
Both waysA Party (EU country for the EU) may require extra geographic detail on country symbols for transport inside its territory, if each Party notifies the other in advance.
Annex 27, Part B, Section 4 (tachograph use), Article 6(7) · Other
“may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that each Party notifies in advance the other Party”
Not statedLoss of a driver card must be formally declared to the authorities of the issuing Party and of the Party of normal residence if different.
Annex 27, Part B, Section 4 (tachograph use), Article 8(3) · Other
“Any loss of the driver card shall be reported in a formal declaration to the competent authorities in the issuing Party and to the competent authorities in the Party of the driver's normal residence if that is different”
Both waysWhere a roadside check on a vehicle registered in the other Party raises grounds to suspect undetectable infringements, each Party's authorities assist each other; results of premises checks go to the other Party's authorities.
Annex 27, Part B, Section 4 (tachograph use), Article 12(2) · Other
“the competent authorities in each Party shall assist each other to clarify the situation … the results of that check shall be communicated to the competent authorities of the other Party”
Both waysAuthorities of the Parties cooperate in organising concerted roadside checks.
Annex 27, Part B, Section 4 (tachograph use), Article 12(3) · Other
“The competent authorities in the Parties shall work in cooperation with each other in the organisation of concerted roadside checks”
Both waysEach Party (EU country for the EU) must let its authorities penalise infringements of driving time, breaks and rest detected on its territory even if committed on the other Party's territory.
Annex 27, Part B, Section 4 (tachograph use), Article 12(6) · Other
“Each Party and, in the case of the Union, each Member State, shall enable its competent authorities to impose a penalty … even where that infringement has been committed on the territory of the other Party”
Both waysThe Parties recognise the plates and documents as proof of vehicle compliance with weights and dimensions.
Annex 27, Part C, Section 1 (weights), Article 8(3) · Other
“shall be recognised by the Parties as the proof of vehicle compliance”
Both waysA Party may not require on-board weighing equipment on vehicles registered in the other Party.
Annex 27, Part C, Section 1 (weights), Article 9(2) · Other
“A Party shall not require on-board weighing equipment to be installed on vehicles or vehicle combinations which are registered in the other Party”
Both waysThe Parties ensure their competent authorities exchange information about weight infringements and penalties.
Annex 27, Part C, Section 1 (weights), Article 9(4) · Other
“The Parties shall, in accordance with Article 14 of Part A, ensure that their competent authorities exchange information about infringements and penalties”
Both waysA Party that exempts vehicles with a Part B exception must immediately notify the other.
Annex 27, Part C, Section 2 (tachographs), Article 3(4) · Other
“Each Party shall immediately notify each other when making use of this paragraph”
Both waysVehicles must carry a smart tachograph 2 when operating on the territory of a Party other than the one where registered.
Annex 27, Part C, Section 2 (tachographs), Article 3(5)-(7) · Other
“shall be fitted with a smart tachograph 2 when operating on the territory of a Party other than the one where they are registered”
Not statedA Party (EU country) that withdraws or suspends a card issued by another must return it to the issuing authorities with reasons, and inform them within two weeks if return will be late.
Annex 27, Part C, Section 2 (tachographs), Article 9(5) · Other
“the former shall return the card to the authorities of the Party or, in the case of the Union, the authorities of the Member State which issued it, as soon as possible, indicating the reasons for the withdrawal or suspension”
Not statedThe Party of the driver's residence renewing a card issued by another Party informs the issuing authorities of the reasons.
Annex 27, Part C, Section 2 (tachographs), Article 10(1) · Other
“they shall inform the authorities which issued the earlier card of the reasons for its renewal”
Both waysEach Party accepts driver cards issued by the other Party.
Annex 27, Part C, Section 2 (tachographs), Article 12(1) · Other
“Each Party shall accept the driver cards issued by the other Party”
Both waysA Party or EU country exchanging a driver card returns the old card to the issuing Party's authorities with reasons.
Annex 27, Part C, Section 2 (tachographs), Article 12(3) · Other
“shall return the old card to the authorities of the issuing Party or, in the case of the Union, the issuing Member State and indicate the reasons for so doing”
Both waysThe Parties' electronic driver-card registers are interconnected and accessible throughout the Parties' territory, with exchange with the other Party possible through TACHOnet.
Annex 27, Part C, Section 2 (tachographs), Article 13(2) · Other
“shall be interconnected and accessible throughout the territory of the Parties … the exchange of electronic data with the other Party shall be possible through the TACHOnet messaging system”
Not statedWhen issuing, replacing or renewing a driver card, Parties or EU countries verify by electronic data exchange that the driver has no other valid card.
Annex 27, Part C, Section 2 (tachographs), Article 13(3) · Other
“shall verify through electronic data exchange that the driver does not already hold another valid driver card”
Not statedControl officers may have access to the electronic driver-card register to check card status.
Annex 27, Part C, Section 2 (tachographs), Article 13(4) · Other
“Control officers may have access to the electronic register in order to check the status of a driver card”
One way: Spain/EU to GibraltarThe European Commission provides the UK authorities for Gibraltar with the cryptographic material for issuing tachograph cards.
Annex 27, Part C, Section 2 (tachographs), Article 17 · Other
“The European Commission shall provide to the competent authorities of the United Kingdom, in respect of Gibraltar, the cryptographic material for the issuing of tachograph cards”
Both waysDocuments from one Party to the tribunal are copied to the other Party at the same time; documents to the other Party are copied to the tribunal.
Annex 29 (Rules of Procedure for Dispute Settlement), Rule 2(b)-(c) · Institutions and disputes
“a Party, which is addressed to the arbitration tribunal, shall be copied to the other Party at the same time”
Both waysAll notifications are addressed to the Commission Legal Service and to the FCDO Legal Adviser, respectively.
Annex 29 (Rules of Procedure for Dispute Settlement), Rule 4 · Institutions and disputes
“addressed to the Legal Service of the European Commission and to the Legal Adviser of the Foreign, Commonwealth & Development Office of the United Kingdom, respectively”
Both waysCo-chair of the complaining Party informs the respondent Party's co-chair of date, time and venue of the lot; respondent may be present.
Annex 29 (Rules of Procedure for Dispute Settlement), Rule 7 · Institutions and disputes
“shall promptly inform the co-chair of the respondent Party”
Both waysA Party that considers an arbitrator non-compliant notifies the other Party within 15 days.
Annex 29 (Rules of Procedure for Dispute Settlement), Rule 20 · Institutions and disputes
“that Party shall notify the other Party within 15 days”
Both waysHearing is in Brussels if the UK for Gibraltar complains, in London if the EU complains; respondent handles logistics and costs.
Annex 29 (Rules of Procedure for Dispute Settlement), Rule 25 · Institutions and disputes
“the hearing shall be held in Brussels if the complaining Party is the United Kingdom, in respect of Gibraltar, and in London if the complaining Party is the Union”
Both waysEach Party delivers to the tribunal and the other Party, five days before a hearing, a list of persons attending.
Annex 29 (Rules of Procedure for Dispute Settlement), Rule 29 · Institutions and disputes
“each Party shall deliver to the arbitration tribunal and to the other Party a list of names”
Both waysEach Party gives the other a copy of its answers to tribunal questions; the other may comment within five days.
Annex 29 (Rules of Procedure for Dispute Settlement), Rule 35 · Institutions and disputes
“Each Party shall provide the other Party with a copy of its response”
Both waysEach Party and the tribunal keep confidential information the other Party designated confidential; a public version is provided within 15 days.
Annex 29 (Rules of Procedure for Dispute Settlement), Rule 36 · Institutions and disputes
“Each Party and the arbitration tribunal shall treat as confidential any information submitted by the other Party”
Both waysUK for Gibraltar or Spain may make a declaration on contractual provisions counting as legislation, notified to the EU-UK treaty committee; the EU publishes it.
Protocol on social security coordination, Article SSC.1(p) · Social security
“provided that the United Kingdom, in respect of Gibraltar, or the Kingdom of Spain, whichever is concerned, makes a declaration to that effect, notified to the Specialised Committee on the Circulation of Persons. The Union shall publish such a declaration in the Official Journal of the European Union”
Not statedArticle 6(2) and (3) procedure does not apply to formal communications and decisions made by or addressed to the Gibraltar competent authorities under the Protocol.
Protocol on social security coordination, Article SSC.2 · Social security
“shall not apply to formal communications and decisions to be notified, made by or addressed to the competent authorities of the United Kingdom, in respect of Gibraltar, pursuant to this Protocol”
Both waysProtocol covers EU citizens resident in Spain who worked in Gibraltar, and UK nationals resident in Gibraltar who worked in Spain (frontier workers), with family and survivors.
Protocol on social security coordination, Article SSC.3(1)-(2) · Mobility
“Union citizens legally residing in the Kingdom of Spain who are or were subject to the legislation of the United Kingdom, in respect of Gibraltar … United Kingdom nationals legally residing in Gibraltar who are or were subject to the legislation of the Kingdom of Spain”
Both waysPersons covered get the same benefits and obligations under Gibraltar and Spanish legislation as nationals.
Protocol on social security coordination, Article SSC.5 · Social security
“the same benefits and be subject to the same obligations under the legislation applicable in the United Kingdom, in respect of Gibraltar, and in the Kingdom of Spain as the nationals thereof”
Both waysUK for Gibraltar and Spain ensure equal treatment of benefits, income, facts or events arising on the other side.
Protocol on social security coordination, Article SSC.6 · Social security
“the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall ensure the application of the principle of equal treatment of benefits, income, facts or events … shall take account of like facts or events that have occurred in Gibraltar, where the Kingdom of Spain is competent, or in the Kingdom of Spain, where the United Kingdom, in respect of Gibraltar, is competent”
Both waysThe competent institution of Gibraltar or of Spain counts insurance/employment periods completed under the other's legislation.
Protocol on social security coordination, Article SSC.7 · Social security
“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”
Both waysCash benefits are not cut or suspended because the beneficiary or family lives in Gibraltar (Spanish institution) or in Spain (Gibraltar institution).
Protocol on social security coordination, Article SSC.8 · Social security
“shall not be subject to any reduction, amendment, suspension, withdrawal or confiscation on account of the fact that the beneficiary or the members of their family reside in Gibraltar, where the institution responsible for providing benefits is situated in the Kingdom of Spain, or in the Kingdom of Spain, where the institution responsible for providing benefits is situated in Gibraltar”
Both waysA person on a Gibraltar-flag vessel paid by an undertaking based in Spain, and resident in Spain, is under Spanish legislation; a person on a Spanish-flag vessel paid from Gibraltar and resident in Gibraltar is under Gibraltar legislation.
Protocol on social security coordination, Article SSC.10(4) · Social security
“shall be subject to the legislation of the Kingdom of Spain if that person resides in the Kingdom of Spain … shall be subject to the legislation of the United Kingdom, in respect of Gibraltar, if that person resides in Gibraltar”
Not statedA frontier worker sent by their employer to work across the line for up to 24 months stays under the home legislation (Gibraltar worker sent to Spain; Spanish-side worker sent to Gibraltar).
Protocol on social security coordination, Article SSC.11(1)-(2) · Social security
“shall continue to be subject to the legislation of the United Kingdom, in respect of Gibraltar, provided that … Paragraph 1 shall apply mutatis mutandis to a United Kingdom national to whom this Protocol applies”
Both waysA worker sent by their employer to work across the line for up to 24 months stays under the legislation of the employer's home side, if resident and returning weekly to the home side.
Protocol on social security coordination, Article SSC.12 · Social security
“shall continue to be subject to the legislation of the Kingdom of Spain, where the employer normally carries out its activities in the Kingdom of Spain, or of the United Kingdom, in respect of Gibraltar, where the employer normally carries out its activities in Gibraltar”
Both waysA person employed by employers in both Gibraltar and Spain, not working mainly where they live, is under the legislation of the side where they do not live.
Protocol on social security coordination, Article SSC.13(2)(b)(iii) · Social security
“the legislation of the United Kingdom, in respect of Gibraltar, if the person resides in the Kingdom of Spain, or of the Kingdom of Spain if the person resides in Gibraltar”
Both waysA person compulsorily insured on one side may join the voluntary/optional continued insurance scheme of the other side for invalidity, old-age and survivors' benefits, if conditions are met.
Protocol on social security coordination, Article SSC.14(3) · Social security
“the person concerned may join the voluntary or optional continued insurance scheme of the United Kingdom, in respect of Gibraltar, even if that person is compulsorily subject to the legislation of the Kingdom of Spain … the person concerned may join the voluntary or optional continued insurance scheme of the Kingdom of Spain, even if that person is compulsorily subject to the legislation of the United Kingdom, in respect of Gibraltar”
Both waysAn employer of a frontier worker meets the contribution and other duties under the applicable legislation as if its registered office were in Spain or in Gibraltar respectively.
Protocol on social security coordination, Article SSC.15(1) · Social security
“shall fulfil all the obligations laid down by the legislation applicable to its employees, in particular the obligation to pay the contributions provided for by that legislation, as if it had its registered office or place of business in the Kingdom of Spain or in Gibraltar, respectively”
Both waysAn employer with no place of business on the legislation's side may let the frontier worker pay the contributions, and must give notice to the competent institution of that side.
Protocol on social security coordination, Article SSC.15(2) · Social security
“the employer shall send notice of such an arrangement to the competent institution of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain, respectively”
Both waysFrontier workers living across the line, and their families, get benefits in kind in the place of residence from the residence institution on behalf of the competent institution.
Protocol on social security coordination, Article SSC.16 · Social security
“who reside, respectively, in the Kingdom of Spain or Gibraltar … 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”
Not statedFrontier workers and posted workers get benefits in kind while staying at the place of work: frontier workers from the competent institution at its own expense; posted workers from the stay institution on behalf of the competent one.
Protocol on social security coordination, Article SSC.17(1)-(2) · Social security
“these benefits in kind shall be provided by the competent institution and at its own expense … These benefits in kind shall be provided on behalf of the competent institution, by the institution of the place of stay”
Not statedCash benefits are paid by the competent institution; by agreement they may be paid by the institution of the place of residence or stay at the competent institution's expense.
Protocol on social security coordination, Article SSC.18(1) · Social security
“By agreement between the competent institution and the institution of the place of residence or stay, such benefits may, however, be provided by the institution of the place of residence or stay at the expense of the competent institution”
Both waysBenefits in kind for a pension claimant are charged to the institution of Gibraltar or of Spain that would become competent if the pension were awarded.
Protocol on social security coordination, Article SSC.19(2) · Social security
“chargeable to the institution of either the United Kingdom, in respect of Gibraltar, or the Kingdom of Spain which, in the event of a pension being awarded, would become competent”
Not statedA pensioner with pensions from both sides gets benefits in kind from, and at the expense of, the institution of the place of residence.
Protocol on social security coordination, Article SSC.20 · Social security
“shall, with the members of their family, receive such benefits in kind from and at the expense of the institution of the place of residence”
Both waysA pensioner living on one side, with pensions from both, but without entitlement there, gets benefits in kind from the residence institution at the expense of the other side's institution.
Protocol on social security coordination, Article SSC.21(1)-(2) · Social security
“The benefits in kind shall be provided at the expense of the institution of Gibraltar by the institution of the place of residence … The benefits in kind shall be provided at the expense of the institution of the Kingdom of Spain by the institution of the place of residence”
Both waysA retired frontier worker may keep receiving benefits in kind on the side of last activity, to continue treatment begun there.
Protocol on social security coordination, Article SSC.22 · Social security
“to continue to receive benefits in kind in Gibraltar, if that person last pursued their activity as an employed or self-employed person there, or in the Kingdom of Spain, if that person last pursued their activity as an employed or self- employed person there”
Not statedCash benefits for pensioners are paid by the institution of the place where the institution responsible for the cost of benefits in kind is situated.
Protocol on social security coordination, Article SSC.23(1) · Social security
“Cash benefits shall be paid to a person receiving a pension or pensions under the legislation of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain, whichever is applied by the competent institution of the place in which is situated the competent institution responsible for the cost of benefits in kind”
Both waysDeductions for sickness/maternity contributions may be requested and recovered only to the extent the cost of benefits is borne by an institution of Gibraltar or of Spain.
Protocol on social security coordination, Article SSC.24 · Social security
“may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles SSC.20 and SSC.21 is to be borne by an institution of either the United Kingdom, in respect of Gibraltar, or the Kingdom of Spain”
Not statedBenefits in kind for family members living in Gibraltar or Spain are given at the expense of the competent institution in the place where they live, in the cases listed.
Protocol on social security coordination, Article SSC.26(3) · Social security
“benefits in kind shall be provided to the members of the family of an insured person at the expense of the competent institution in the place in which they reside”
Both waysBenefits in kind provided by the institution of one side on behalf of the institution of the other are fully reimbursed.
Protocol on social security coordination, Article SSC.27(1) · Social security
“The benefits in kind provided by the institution of the United Kingdom, in respect of Gibraltar, on behalf of the institution of the Kingdom of Spain, or of the Kingdom of Spain on behalf of the institution of the United Kingdom, in respect of Gibraltar, under this Chapter shall give rise to full reimbursement”
Both waysReimbursements are determined and made under an administrative arrangement agreed between the UK for Gibraltar and Spain.
Protocol on social security coordination, Article SSC.27(2) · Social security
“shall be determined and effected in accordance with an administrative arrangement agreed upon between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain”
Both waysThe UK for Gibraltar or Spain and their competent authorities may provide other reimbursement methods or waive reimbursement between them.
Protocol on social security coordination, Article SSC.27(3) · Social security
“The United Kingdom, in respect of Gibraltar, or the Kingdom of Spain and their competent authorities, may provide for other methods of reimbursement or waive all reimbursement between them”
Both waysA person injured or ill from work who lives or stays on the other side gets the special benefits in kind from the place-of-stay institution on behalf of the competent institution.
Protocol on social security coordination, Article SSC.28(2) · Social security
“resides or stays in the Kingdom of Spain, where the United Kingdom, in respect of Gibraltar, is competent, or in Gibraltar, where the Kingdom of Spain is competent … provided, on behalf of the competent institution, by the institution of the place of residence or stay”
Both waysThe competent institution meets costs of transporting a person injured at work, or the body, to the corresponding place where the person lives, including across the line.
Protocol on social security coordination, Article SSC.29 · Social security
“The competent institution of either the United Kingdom, in respect of Gibraltar, or the Kingdom of Spain, depending on which legislation provides for meeting the costs of transporting a person who has sustained an accident at work or … shall meet such costs to the corresponding place where the person resides”
Both waysBenefits for an occupational disease after exposure on both sides are provided only under the legislation of the side where the conditions were last satisfied.
Protocol on social security coordination, Article SSC.30 · Social security
“shall be provided exclusively under the legislation of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain, whichever is the last where such conditions are satisfied”
Not statedOn aggravation of an occupational disease, the institution of the second side grants a supplement, and its reduction rules may not be invoked against benefits from the other side.
Protocol on social security coordination, Article SSC.31(b)-(c) · Social security
“whichever is the second where the person has received benefits, shall grant a supplement to the person concerned … shall not be invoked against persons receiving benefits provided by institution of the other”
Both waysIf there is no work-accident insurance on the competent side, benefits in kind still apply to a person who has the accident while living on the other side; the competent institution bears the cost.
Protocol on social security coordination, Article SSC.32(2) · Social security
“under the legislation of the United Kingdom, in respect of Gibraltar, if that person sustains an accident at work or suffers from an occupational disease during residence in the Kingdom of Spain … Costs shall be borne by the institution that is competent for the benefits in kind”
Not statedReimbursement for work-accident benefits in kind is made on actual costs.
Protocol on social security coordination, Article SSC.33(1) · Social security
“reimbursement shall be made on the basis of actual costs”
Both waysThe UK for Gibraltar or Spain or their competent authorities may provide other reimbursement methods or waive reimbursement between them.
Protocol on social security coordination, Article SSC.33(2) · Social security
“The United Kingdom, in respect of Gibraltar, or the Kingdom of Spain or their competent authorities, may provide for other methods of reimbursement or waive all reimbursement between them”
Both waysDeath grants are paid by the competent institution even if the entitled person lives across the line; a death across the line is treated as occurring where the institution is.
Protocol on social security coordination, Article SSC.34 · Social security
“The competent institution shall be obliged to provide death grants payable under the legislation it applies, even if the person entitled resides in the Kingdom of Spain, where the United Kingdom, in respect of Gibraltar, is competent or in Gibraltar, where the Kingdom of Spain is competent”
Both waysOn the death of a pensioner, the institution responsible for the cost of benefits in kind pays the death grant at its own expense, as if the pensioner had lived where that institution is.
Protocol on social security coordination, Article SSC.35(1) · Social security
“is in Gibraltar and residing in Gibraltar, when the institution responsible for the cost of benefits in kind is in the Kingdom of Spain, the death grants payable under the legislation administered by that institution shall be provided at its own expense”
Both waysA decision on degree of invalidity by an institution of Gibraltar or of Spain binds the institution of the other side.
Protocol on social security coordination, Article SSC.38(3) · Social security
“shall be binding on the institution of the Kingdom of Spain, or of the United Kingdom, in respect of Gibraltar, respectively”
Not statedThe institution of the side whose legislation applied when child-raising began counts child-raising periods under its own legislation as if the child-raising took place in its own territory.
Protocol on social security coordination, Article SSC.42(1) · Social security
“shall remain responsible for taking into account that period as a child-raising period under its own legislation, as if such child-raising took place in its own territory”
Both waysInsurance periods under a special scheme of one side count for the general scheme of the other side.
Protocol on social security coordination, Article SSC.44(2) · Social security
“of the United Kingdom, in respect of Gibraltar, in the case of a scheme of the Kingdom of Spain, or of the Kingdom of Spain, in the case of a scheme of the United Kingdom, in respect of Gibraltar”
Both waysThe condition of being insured when the risk occurs is met if the person was previously insured on the other side and is now insured on the competent side.
Protocol on social security coordination, Article SSC.44(3) · Social security
“insured under the legislation of the United Kingdom, in respect of Gibraltar, where previously insured under the legislation or a specific scheme of the Kingdom of Spain … or insured under the legislation of the Kingdom of Spain, where previously insured under the legislation or a specific scheme of the United Kingdom, in respect of Gibraltar”
Both waysEach competent institution pays a pro rata share of a pension, based on periods under its own legislation over total periods under both Gibraltar and Spanish legislation.
Protocol on social security coordination, Article SSC.45(1)(b) · Social security
“the competent institution shall then establish the actual amount of the pro rata benefit by applying to the theoretical amount the ratio between the duration of the periods completed before materialisation of the risk under the legislation it applies and the total duration of the periods completed before materialisation of the risk under the legislation of both the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain”
Both waysOverlap rules take account of benefits or income acquired on the other side only where the competent legislation provides for benefits acquired outside its territory.
Protocol on social security coordination, Article SSC.46(3)(a) · Social security
“the competent institution shall take into account the benefits or incomes acquired in Gibraltar, where the Kingdom of Spain is competent, or in the Kingdom of Spain, where the United Kingdom, in respect of Gibraltar, is competent”
Both waysOverlap rules apply to some independent benefits, except where an agreement between Gibraltar and Spain avoids counting a credited period twice.
Protocol on social security coordination, Article SSC.47(2)(b)(i) · Social security
“except where an agreement has been concluded between both the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain to avoid the same credited period being taken into account more than once”
Both waysThe competent institutions of both Gibraltar and Spain count periods of insurance under one year for the pro rata calculation.
Protocol on social security coordination, Article SSC.50(2) · Social security
“The competent institution of both the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall take into account the periods referred to in paragraph 1”
Both waysThe competent institution of Gibraltar or Spain pays a supplement up to the minimum benefit to a recipient resident there.
Protocol on social security coordination, Article SSC.51(2) · Social security
“shall pay the recipient of benefits referred to in paragraph 1 throughout the period of their residence in Gibraltar or the Kingdom of Spain, respectively, a supplement”
Both waysFor unemployment benefits the competent institution of Gibraltar or Spain counts periods completed under the other side's legislation.
Protocol on social security coordination, Article SSC.54(1) · Social security
“shall, to the extent necessary, take into account periods of insurance, employment or self-employment completed under the legislation of the Kingdom of Spain or of the United Kingdom, in respect of Gibraltar, respectively, as though they were completed under the legislation it applies”
Both waysWhere the reference period for an unemployment benefit includes time under the other side's legislation, the competent side counts only the pay from the last activity under its own legislation.
Protocol on social security coordination, Article SSC.55(2) · Social security
“and the person concerned was subject to the legislation of the Kingdom of Spain, the United Kingdom, in respect of Gibraltar, shall only take into account the salary or professional income received during their last activity as an employed or self-employed person under that … the Kingdom of Spain shall only take into account the salary or professional income received during their last activity as an employed or self-employed person under that legislation”
Both waysUnemployed persons who lived in Spain while last working in Gibraltar must be available to Gibraltar employment services and get Gibraltar benefits from the Gibraltar institution; the reverse for those living in Gibraltar.
Protocol on social security coordination, Article SSC.56(1) · Social security
“shall make themselves available to the employment services in Gibraltar … shall make themselves available to the employment services in the Kingdom of Spain”
Both waysWholly unemployed persons may also register with the employment services where they live and may apply for supplementary unemployment benefits of the other side as if subject to that legislation in their last activity.
Protocol on social security coordination, Article SSC.56(2) · Social security
“may additionally apply for any supplementary unemployment benefits which may be available under Spanish legislation … or the legislation of the United Kingdom, in respect of Gibraltar, as if they had been subject to that legislation during their last period of activity”
Both waysPersons registered as job seekers where they live are under that side's control procedure and conditions; while still registered at the place of last activity they follow the obligations there.
Protocol on social security coordination, Article SSC.56(3) · Social security
“shall be subject to the control procedure organised in either the Kingdom of Spain or Gibraltar, as the case may be”
Both waysThe UK for Gibraltar and Spain adopt arrangements for implementing the Article, including exchanges of information, cooperation and mutual assistance between their institutions and services.
Protocol on social security coordination, Article SSC.56(4) · Social security
“The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall adopt the necessary arrangements for the implementation of this Article … arrangements for exchanges of information, cooperation and mutual assistance between the institutions and services of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain”
Not statedThe competent institution of the place of employment must facilitate exchange of information and documents on insured periods and benefits without undue delay.
Protocol on social security coordination, Article SSC.56(4), second subparagraph · Social security
“The competent institution of the place of employment shall efficiently and without undue delay facilitate the exchange of information and documentation about the … periods of insured activity and benefits, in order not to affect the recognition, sustainment, suspension, termination or resumption of the benefits”
Both waysFamily benefits are paid under the competent side's legislation including for family members living on the other side, as if they lived on the competent side.
Protocol on social security coordination, Article SSC.58(1)-(2) · Social security
“including for their members of the family residing in Gibraltar as if they were residing in the Kingdom of Spain … including for their members of the family residing in the Kingdom of Spain as if they were residing in Gibraltar”
Both waysPensioners living on one side are entitled to family benefits from the institution competent for their pension for family members living on the other side.
Protocol on social security coordination, Article SSC.58(3) · Social security
“Pensioners residing either in the Kingdom of Spain or Gibraltar shall be entitled, for the members of their family residing in Gibraltar or the Kingdom of Spain, respectively, to family benefits in accordance with the legislation applied by the institution which is competent for their pension”
Both waysIf family benefits are due under both Gibraltar and Spanish legislation, priority rules apply; the other side's entitlement is suspended up to the first amount and a differential supplement may be paid.
Protocol on social security coordination, Article SSC.59(1)-(2) · Social security
“Gibraltar, and the Kingdom of Spain, the following priority rules shall apply … Entitlements to family benefits by virtue of the other conflicting legislation shall be suspended up to the amount provided for by the first legislation”
Not statedWhere priority is decided by the higher amount, the cost of benefits is shared under criteria in Annex SSC-5.
Protocol on social security coordination, Article SSC.59(1)(b)(i) · Social security
“the cost of the benefits shall be shared in accordance with the criteria laid down in Annex SSC-5”
Both waysAn institution that receives a family-benefit claim but is not the priority one forwards it to the priority institution on the other side and informs the person; the date of first filing counts.
Protocol on social security coordination, Article SSC.59(3) · Social security
“that institution shall forward the application to the competent institution of either the United Kingdom, in respect of Gibraltar, when its legislation is applicable by priority, or the Kingdom of Spain, when its legislation is applicable by priority, inform the person concerned … shall deal with this application as though it were submitted directly to itself”
Both waysFamily benefits not used for the family may be paid to the person actually maintaining them, at the request and through the institution of the place of residence in Spain or in Gibraltar.
Protocol on social security coordination, Article SSC.60 · Social security
“at the request and through the agency of the institution of the place of residence either in the Kingdom of Spain or in Gibraltar”
Both waysOrphans' benefits not otherwise due are paid under the legislation of Gibraltar or Spain where the deceased worker was subject for the longest periods, and then in order of insurance periods.
Protocol on social security coordination, Article SSC.61(1) · Social security
“under the legislation of either the United Kingdom, in respect of Gibraltar, where the deceased worker was subject for the longest periods of time to the legislation of the United Kingdom, in respect of Gibraltar … the Kingdom of Spain, where the deceased worker was subject for the longest periods of time to the legislation of the Kingdom of Spain”
Both waysThe competent authorities of Gibraltar and Spain notify the EU-UK treaty committee of changes to their social security legislation relevant to the Protocol.
Protocol on social security coordination, Article SSC.62(1) · Social security
“The competent authorities of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain shall notify the Specialised Committee on the Circulation of Persons of any changes to their legislation”
Both waysThe competent authorities of Gibraltar and Spain communicate to each other implementing measures not notified to the Committee.
Protocol on social security coordination, Article SSC.62(2) · Social security
“the competent authorities of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain shall communicate to each other measures taken to implement this Protocol”
Both waysAuthorities and institutions of Gibraltar and of Spain lend one another their good offices and act as though implementing their own legislation.
Protocol on social security coordination, Article SSC.62(3), first sentence · Social security
“the authorities and institutions of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain shall lend one another their good offices and act as though implementing their own legislation”
Not statedAdministrative assistance is free of charge as a rule; the EU-UK treaty committee sets reimbursable expenses and limits.
Protocol on social security coordination, Article SSC.62(3), later sentences · Social security
“The administrative assistance given by those authorities and institutions shall, as a rule, be free of charge. However, the Specialised Committee on the Circulation of Persons shall establish the nature of reimbursable expenses”
Both waysAuthorities and institutions of Gibraltar and Spain may communicate directly with one another and with the persons involved.
Protocol on social security coordination, Article SSC.62(4) · Social security
“The authorities and institutions of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain may, for the purposes of this Protocol, communicate directly with one another”
Both waysInstitutions and persons have a duty of mutual information and cooperation; an administrative arrangement between the authorities of both sides sets the means and procedures.
Protocol on social security coordination, Article SSC.62(5), first subparagraph · Social security
“An administrative arrangement between the authorities directly involved of both the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall determine the means and procedures to carry out the duty of cooperation on the issuance of documentation, exchange of information, resolution of conflicts, and introduction and settlement of claims”
Both waysPersons concerned must inform the competent institutions of Gibraltar or Spain, and the institutions of the place of residence, of changes affecting their benefits.
Protocol on social security coordination, Article SSC.62(5), third subparagraph · Social security
“The persons concerned must inform the competent institutions of either the United Kingdom, in respect of Gibraltar, or the Kingdom of Spain, and institutions of the place of residence, as soon as possible of any change in their personal or family situation”
Both waysIn a difficulty that could harm a person's rights, the competent or residence institution contacts the institution of Gibraltar or Spain concerned; if unresolved, a Party may ask for consultations in the EU-UK treaty committee.
Protocol on social security coordination, Article SSC.62(7) · Social security
“the competent institution or the institution of the place of residence shall contact the institution(s) of the United Kingdom, in respect of Gibraltar, where the United Kingdom, in respect of Gibraltar, is concerned, or of the Kingdom of Spain, where the Kingdom of Spain is concerned … a Party may request to hold consultations in the framework of the Specialised”
Both waysAuthorities, institutions and tribunals of Gibraltar or Spain may not reject applications or documents because they are in an official language of the EU, including English.
Protocol on social security coordination, Article SSC.62(8) · Social security
“The authorities, institutions and tribunals of the United Kingdom, in respect of Gibraltar, or the Kingdom of Spain may not reject applications or other documents submitted to them on the grounds that they are written in an official language of the Union, including in English”
Both waysThe UK for Gibraltar and Spain progressively use new technologies for the exchange, access and processing of data.
Protocol on social security coordination, Article SSC.63(1) · Social security
“The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall progressively use new technologies for the exchange, access and processing of the data required to apply this Protocol”
Both waysGibraltar and Spain each manage their own part of the data-processing services.
Protocol on social security coordination, Article SSC.63(2) · Social security
“each shall be responsible for managing their own part of the data-processing services”
Both waysAn electronic document sent by an institution may not be rejected by any authority or institution of Gibraltar or Spain because it was electronic, once the receiver has declared it can receive such documents.
Protocol on social security coordination, Article SSC.63(3) · Social security
“may not be rejected by any authority or institution of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain on the grounds that it was received by electronic means”
Both waysTax, stamp duty, notarial or registration fee exemptions for documents under one side's legislation are extended to similar documents under the other side's legislation.
Protocol on social security coordination, Article SSC.64(1) · Social security
“shall be extended to similar certificates or documents required to be produced in application of the legislation of either the United Kingdom, in respect of Gibraltar, where the exemption is provided under the legislation of the Kingdom of Spain, or the Kingdom of Spain, where the exemption is provided under the legislation of the United Kingdom, in respect of Gibraltar”
Not statedDocuments required under the Protocol are exempt from diplomatic or consular authentication.
Protocol on social security coordination, Article SSC.64(2) · Social security
“shall be exempt from authentication by diplomatic or consular authorities”
Both waysA claim, declaration or appeal filed in time with an authority or tribunal of the other side is admissible; the receiver forwards it without delay and the filing date counts.
Protocol on social security coordination, Article SSC.65 · Social security
“shall be admissible if it is submitted within the same period to a corresponding authority, institution or tribunal of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain … shall forward it without delay to the competent authority, institution or tribunal of the United Kingdom, in respect of”
Both waysMedical examinations may be carried out at the request of the competent institution in Gibraltar or Spain by the institution of the place of stay or residence.
Protocol on social security coordination, Article SSC.66(1) · Social security
“may be carried out, at the request of the competent institution, in the territory of Gibraltar or the Kingdom of Spain by the institution of the place of stay or residence”
Both waysContributions due to an institution of one side, and benefits wrongly paid, may be collected or recovered on the other side under that side's procedures, guarantees and privileges.
Protocol on social security coordination, Article SSC.67(1) · Social security
“may be effected in Gibraltar or the Kingdom of Spain in accordance with the procedures and with the guarantees and privileges applicable to the collection of contributions due to the corresponding institution of the latter”
Both waysEnforceable decisions on contributions or recovery of benefits are recognised and enforced on the other side at the competent institution's request.
Protocol on social security coordination, Article SSC.67(2) · Social security
“shall be recognised and enforced at the request of the competent institution in Gibraltar or the Kingdom of Spain within the limits and in accordance with the procedures laid down by the legislation”
Both waysClaims of an institution of one side in enforcement, bankruptcy or settlement on the other side get the same privileges as that side gives to similar claims.
Protocol on social security coordination, Article SSC.67(3) · Social security
“enforcement, bankruptcy or settlement proceedings in Gibraltar, in the case of claims of an institution of the Kingdom of Spain, or in the Kingdom of Spain, in the case of claims of an institution of the United Kingdom, in respect of Gibraltar, enjoy the same privileges as the legislation that the latter accords to claims of the same kind”
Both waysProcedure and cost reimbursement for the Article are set by Annex SSC-5 or, as a complement, by administrative arrangements between Gibraltar and Spain.
Protocol on social security coordination, Article SSC.67(4) · Social security
“by means of administrative arrangements between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain”
Both waysAn institution's subrogation or direct right against a third party for an injury arising on the other side is recognised by both Gibraltar and Spain.
Protocol on social security coordination, Article SSC.68(1) · Social security
“such subrogation shall be recognised by the United Kingdom, in respect of Gibraltar, and by the Kingdom of Spain … the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall recognise such rights”
Not statedThe EU-UK treaty committee on the circulation of persons may amend the Annexes to the Protocol.
Protocol on social security coordination, Article SSC.72 · Social security
“The Specialised Committee on the Circulation of Persons may amend the Annexes to this Protocol”
Both waysEach side's competent authority notifies liaison bodies that answer requests for information and assistance for applying the Protocol.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.1(2)(c) · Social security
“any body notified by the competent authority of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain”
Both waysInstitutions must without delay provide or exchange all data needed to establish covered persons' rights, directly or through liaison bodies, between Gibraltar and Spain.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.2(2) · Social security
“The institutions shall without delay provide or exchange all data necessary for establishing and determining the rights and obligations … transferred between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain directly by the institutions”
Both waysAn institution that receives a claim or document by mistake across the border passes it on at once to the right institution, keeping the original date; no liability for delay.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.2(3) · Social security
“Where a person has mistakenly submitted information, documents or claims to an institution across the border … shall be resubmitted without delay by the former institution to the institution designated in accordance with this Annex … of information, documents or claims by the institutions of the Kingdom of Spain and the United Kingdom, in respect of Gibraltar, respectively”
Both waysWhere data go via the liaison body of the destination, response time limits run from that body's receipt, as if the institution of either side had received it.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.2(4) · Social security
“time limits for responding to claims shall start from the date when that liaison body received the claim … United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain.”
Both waysThe competent institution of either side notifies a claimant living or staying on the other side of its decision, directly or through the liaison body.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.3(3), second subparagraph · Social security
“The relevant institution of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain shall notify the claimant residing or staying in the Kingdom of Spain or Gibraltar, respectively, of its decision directly or through the liaison body”
Both waysStructure, content and format of forms and documents issued for each side are agreed by the competent authorities of both sides.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.4(1) · Social security
“shall be agreed by the competent authorities of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain”
Both waysThe UK for Gibraltar and Spain bear the costs of transmitting data between institutions via the Electronic Exchange of Social Security Information.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.4(4) · Social security
“Kingdom, in respect of Gibraltar, and the Kingdom of Spain will bear the related costs.”
Both waysDocuments showing a person's position issued by one side's institution are accepted by the other side's institutions until withdrawn or invalidated by the issuer.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.5(1) · Social security
“shall be accepted by the institutions of the Kingdom of Spain and of the United Kingdom, in respect of Gibraltar, respectively”
Not statedIf a receiving institution doubts a document, it asks the issuing institution for clarification or withdrawal, and the issuer reconsiders.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.5(2) · Social security
“the relevant institution that receives the document shall ask the issuing institution for the necessary clarification”
Not statedAt the competent institution's request, the institution of the place of stay or residence verifies doubtful information or documents, so far as possible.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.5(3) · Social security
“the institution of the place of stay or residence shall, insofar as this is possible, at the request of the competent institution, proceed to the necessary verification”
Not statedWhere the two sides disagree on applicable law or on which institution pays, the person is provisionally put under the law of the place of work or residence.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.6(1) and (2) · Social security
“the person concerned shall be made provisionally subject to the legislation of one of them … shall be entitled, on a provisional basis, to the benefits provided for by the legislation applied by the institution of that person's place of residence”
Not statedThe competent institution and the institution that provisionally paid or collected settle cash benefits and contributions; the competent institution reimburses benefits in kind given provisionally.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.6(4) · Social security
“the institution identified as being competent and the institution which provisionally paid the cash benefits or provisionally received contributions shall settle the financial situation … shall be reimbursed by the competent institution in accordance with”
Both waysWhere the competent institution lacks information about the person's situation on the other side, it awards a benefit or calculates a contribution provisionally on request.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.7(1) · Social security
“the Kingdom of Spain, where the United Kingdom, in respect of Gibraltar, is competent, or in Gibraltar, where the Kingdom of Spain is competent … shall, on request of the person concerned, award this benefit or calculate”
Both waysThe UK for Gibraltar and Spain, or their competent authorities, may agree other procedures if persons' rights are not harmed.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.8 · Social security
“The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain or their competent authorities may agree procedures other than those provided for by this Annex”
Not statedTo aggregate periods, the competent institution contacts the institution whose legislation previously covered the person, to find all periods completed.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.10(1) · Social security
“the competent institution shall contact the institution to whose legislation the person concerned has been subject previously”
Both waysFor converting periods into different units, the base period is the one communicated by the institution of the side under whose legislation it was completed.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.11(1)(a) · Social security
“communicated by the institution of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain under whose legislation the period was completed”
Not statedAn institution that communicates periods in days must also say whether its scheme is based on five, six or seven days.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.11(4) · Social security
“Where an institution communicates periods expressed in days, it shall at the same time indicate whether the scheme it administers is based on five days”
Both waysFor work on the other side, the employer or person informs the competent institution, which issues an attestation and passes the applicable-law information to the institution designated there.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.13(1) · Social security
“person pursues their activity in Gibraltar, where the Kingdom of Spain is competent under Title II of this Protocol, or in the Kingdom of Spain, where the United Kingdom, in respect of Gibraltar, is competent … shall without delay make information concerning the legislation applicable to that person”
Both waysAn employer in Gibraltar with an employee on a Spanish-flag vessel, or in Spain with one on a Gibraltar-flag vessel, informs the competent institution, which informs the flag side.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.13(2) · Social security
“whose registered office or place of business is in Gibraltar and who has an employee on … shall, without delay, make information concerning the legislation applicable to the person concerned”
Not statedThe designated institution of the place of residence provisionally determines the applicable legislation and tells the designated institution of the other place of activity.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.14(2) · Social security
“The institution shall inform the designated institution of the other place in which an activity is pursued of its provisional determination”
Both waysA provisional determination becomes definitive two months after the other side's designated institution is informed, unless it says by then that it cannot accept it or disagrees.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.14(3) · Social security
“the institution designated by the competent authorities of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain, whichever is concerned, being informed of it”
Both waysWhere applicable legislation is uncertain, at the request of an institution or authority of either side it is determined by common agreement; if views differ, Article SSCI.6 applies.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.14(4) · Social security
“institutions designated by the competent authorities of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain … the legislation applicable to the person concerned shall be determined by common agreement”
Both waysThe competent institution of the side whose legislation becomes applicable informs the person and employers of their obligations and helps with formalities.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.15(1) · Social security
“The competent institution of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain whose legislation becomes applicable pursuant to Title II of this Protocol shall inform the person concerned”
Both waysOn request of the person or employer, the competent institution of the applicable side gives an attestation that its legislation applies, with date and conditions.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.15(2) · Social security
“the competent institution of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain whose legislation is applicable pursuant to Title II of this Protocol shall provide an attestation”
Both waysThe relevant institutions give the competent institution of the applicable side the information needed to fix the start date of its legislation and the contributions due.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.16(1) · Social security
“The relevant institutions shall communicate to the competent institution of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain whose”
Both waysThe competent institution of the side whose legislation becomes applicable makes the start-date information available to the institution designated by the authority applying the previous legislation.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.16(2) · Social security
“The competent institution of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain whose legislation becomes applicable to a person pursuant to Title II of this Protocol shall make the information indicating the date”
Both waysDespite SSC.6(a), either side becomes responsible for the cost of certain benefits (SSC.19) only if the insured person has claimed or receives a pension under that side's legislation.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.17(2) · Social security
“the United Kingdom, in respect of Gibraltar, or the Kingdom of Spain may become responsible for the cost of benefits in accordance with Article SSC.19 of this Protocol only if”
Both waysA frontier worker or family member living on the other side must register with the residence institution; the competent institution certifies the right to benefits in kind.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.19(1) · Social security
“Residence in the Kingdom of Spain, where the United Kingdom, in respect of Gibraltar, is competent, or in Gibraltar, where the Kingdom of Spain is competent … the frontier worker and/or members of their family shall be obliged to register with the institution of the place of residence”
Not statedThe institution of the place of residence tells the competent institution of any registration, change or cancellation; the certificate stays valid until the competent institution cancels it.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.19(2) · Social security
“The institution of the place of residence shall inform the competent institution of any registration under paragraph 1 and of any change or cancellation of that registration”
Both waysA person staying on the other side shows the provider a document from their competent institution; without it, the competent institutions contact each other to verify entitlement.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.20(1) · Social security
“a document issued by the competent institution of the United Kingdom, in respect of Gibraltar, where the stay is in the Kingdom of Spain, or the competent institution of the Kingdom of Spain, where the stay is in Gibraltar … the competent institutions, upon request or if otherwise necessary, shall contact each other”
Not statedBenefits in kind given by the institution of the place of stay on behalf of the competent institution give rise to full reimbursement.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.20(2) · Social security
“shall give rise to full reimbursement”
Not statedA former frontier worker or family member travelling for benefits in kind shows a document from the competent institution to the institution of the place of stay.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.21 · Social security
“they shall submit to the institution of the place of stay a document issued by the competent institution”
Both waysContributions deducted from the pensions of a person paid by both Gibraltar and Spain must not exceed those deducted from someone getting the same total from one side.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.22 · Social security
“If a person receives a pension from the United Kingdom, in respect of Gibraltar, and from the Kingdom of Spain, the amount of contributions deducted from all the pensions paid shall, under no circumstances, be greater”
Not statedWhen giving special benefits in kind for work accidents under residence-place law, the institution of the place of residence informs the competent institution without delay.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.23(2) · Social security
“the institution of that place of residence shall without delay inform the competent institution”
Not statedA death grant claim goes to the competent institution or to the institution of the claimant's residence, which sends it to the competent institution.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.24 · Social security
“the institution of the claimant's place of residence, which shall send it to the competent institution”
Both waysThe UK for Gibraltar and Spain lay down the detailed arrangements for a notional amount for voluntary or optional insurance periods.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.25(3) · Social security
“The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall lay down the detailed arrangements”
Not statedThe institution of the side whose law applied when a child-raising period began keeps taking that period into account as if the child-raising had been in its own territory.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.26(2) · Social security
“shall remain responsible for taking into account that period as a child-raising period under its own legislation, as if such child-raising took place in its own territory”
Not statedFor unemployment benefit varying with family size, the competent institution counts family members in the same household on the other side as if they lived in its place.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.27(2) · Social security
“shall also take into account the members of the family of the person concerned who are residing in the same household as if they resided in the place of the competent institution”
Not statedThe competent institution of the place of last employment informs wholly unemployed persons of their rights and gives them documents on receiving benefits under its law while living elsewhere.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.28(1) · Social security
“The competent institution of the place of last employment shall inform wholly unemployed persons of their rights and obligations”
Both waysThe relevant institutions of Gibraltar and Spain give each other the information needed to support job-seeking by unemployed persons and tell them the control rules and employment service.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.28(2), first sentence · Social security
“The relevant institutions of the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall provide each other with the necessary information”
Not statedOn request of the competent institution, the institution of the place of residence at once reports any circumstance likely to affect entitlement, such as work taken up there.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.28(2), second sentence · Social security
“The institution of the place of residence shall, upon request of the competent institution, immediately inform the competent institution of any circumstances”
Not statedOn request of the employment services of the place of residence, the competent employment services send registration and job-search information; residence services report relevant circumstances on request.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.28(4) · Social security
“Where requested by the employment services of the place of residence, the competent employment services shall send the relevant information … upon request of the competent institution, immediately inform the competent institution of any circumstances”
Both waysThe competent authorities or institutions of Gibraltar and Spain shall cooperate and may agree specific procedures and time limits for following up unemployed persons.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.29 · Social security
“The competent authorities or competent institutions of the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall cooperate and may agree amongst themselves specific procedures”
Both waysWhere priority between family benefits cannot be set by the children's residence, each side calculates benefits counting children who do not live in its territory.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.30, first sentence · Social security
“the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall calculate the amount of benefits including the children not resident within its own territory”
Not statedThe institution applying the law with the highest family benefit pays in full and is reimbursed half by the other institution, up to the limit of the other's law.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.30, second sentence · Social security
“the institution that applies the legislation which provides for the highest level of benefits shall pay the full amount of such benefits and shall be reimbursed half this sum by the other institution”
Not statedThe institution that keeps paying family benefits to month-end after a change of competence informs the other institution of the date payment stops.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.31(2) · Social security
“shall inform the other institution of the date on which it ceases to pay those family benefits”
Both waysFor family benefit priority, the whole family is treated as if all persons were subject to the law of, and living in, the competent institution's side.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.32(1) · Social security
“the situation of the whole family shall be taken into account as if all the persons involved were subject to the legislation of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain and residing in Gibraltar or in the Kingdom of Spain”
Both waysAn institution that finds a possible differential supplement forwards the application without delay to the other side's competent institution and tells the person and that institution its decision.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.32(2) · Social security
“shall forward the application, without delay, to the competent institution of either the Kingdom of Spain or the United Kingdom, in respect of Gibraltar”
Both waysAn institution whose law applies but not by priority decides provisionally and forwards the application to the other side, which has two months to respond; then the provisional decision applies.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.32(3) · Social security
“shall forward the application, in accordance with Article SSC.59(3) of this Protocol, to the institution of either the United Kingdom, in respect of Gibraltar, or the Kingdom of Spain … the provisional decision referred to above shall apply and the institution shall pay the benefits”
Not statedAn institution that paid too much on a provisional basis may claim the excess from the institution with primary responsibility under the administrative arrangement procedure.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.32(5) · Social security
“it may claim reimbursement of the excess from the institution with primary responsibility”
Both waysThe UK for Gibraltar and Spain adopt arrangements to ensure full reimbursement of benefits given to covered persons, by the competent institution to the institution that provided them.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.33 · Social security
“the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall adopt the necessary arrangements in order to ensure the full reimbursement of benefits”
Both waysReimbursements between Gibraltar and Spain are made as promptly as possible by the competent authorities; each institution reimburses when able; one disputed claim does not delay others.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.34 · Social security
“shall be made as promptly as possible by the competent authorities of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain … A dispute concerning a particular claim shall not hinder the reimbursement of another claim or other claims”
Both waysThe UK for Gibraltar and Spain adopt arrangements to ensure, wherever possible, offsetting between their institutions or recovery from the person, for wrongly paid benefits and provisional payments.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.35 · Social security
“the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall adopt the necessary arrangements to ensure, wherever possible, offsetting”
Not statedAt the competent institution's request, the institution of the beneficiary's place of residence carries out the medical examination; the debtor institution tells it any special requirements.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.36(1) · Social security
“medical examination shall be carried out, at the request of the competent institution, by the institution of the beneficiary's place of residence”
Not statedThe residence institution sends a report to the debtor institution, which is bound by its findings.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.36(2), first subparagraph · Social security
“This institution shall be bound by the findings of the institution of the place of residence”
Not statedThe debtor institution may have its own doctor examine the beneficiary; the beneficiary can be asked to travel only if fit and the debtor pays travel and accommodation.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.36(2), second subparagraph · Social security
“the cost of travel and accommodation is paid for by the debtor institution”
Not statedAt the debtor institution's request, the institution of the beneficiary's place of residence carries out the administrative check.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.36(3) · Social security
“The administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary's place of residence”
Both waysThe competent authorities or institutions of Gibraltar and Spain may agree specific provisions to improve claimants' labour-market readiness and their use of schemes in the place of residence.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.36(4) · Social security
“The competent authorities or competent institutions of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain may agree specific provisions”
Not statedThe debtor institution refunds the requested institution the actual cost of medical and administrative checks, as an exception to free mutual administrative cooperation in SSC.62(3).
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.36(5) · Social security
“the effective amount of the expenses of the checks referred to in paragraphs 1, 2 and 3 of this Article shall be refunded”
Both waysA pension claim made on one side from entry into force automatically requires reassessment of benefits already awarded for the same contingency by the other side's institution; no reduction allowed.
Annex SSC-5 (implementing annex to the Protocol on social security coordination), Article SSCI.39(2) · Social security
“shall automatically necessitate the reassessment of the benefits which have been awarded for the same contingency prior to that date by the institution or institutions of, respectively, the Kingdom of Spain or the United Kingdom, in respect of Gibraltar”
One way: Spain/EU to GibraltarSpain counts years lacking to retirement age as service years for invalidity or death pensions only if covered by its civil-servant scheme, or in an activity needing it in Spain.
Annex SSC-4 (special provisions for application of the legislation of the UK in respect of Gibraltar, or of Spain), Annex SSC-4, Spain, point 1 · Social security
“had the activity been performed in the Kingdom of Spain”
One way: Spain/EU to GibraltarSpain calculates the theoretical Spanish pension using actual Spanish contributions; for periods under Gibraltar law it uses the closest Spanish contribution base, adjusted by the retail price index.
Annex SSC-4 (special provisions for application of the legislation of the UK in respect of Gibraltar, or of Spain), Annex SSC-4, Spain, point 2(a) · Social security
“periods of insurance or residence under the legislation of the United Kingdom, in respect of Gibraltar, have to be taken into account, the contribution basis in the Kingdom of Spain which is closest in time”
One way: Spain/EU to GibraltarPeriods completed in Gibraltar that fall into Spain's civil-service, armed-forces or judicial scheme are treated as the closest periods served as a civil servant in Spain.
Annex SSC-4 (special provisions for application of the legislation of the UK in respect of Gibraltar, or of Spain), Annex SSC-4, Spain, point 3 · Social security
“Periods completed in Gibraltar which must be calculated in the special scheme for civil servants”
One way: Spain/EU to GibraltarSpanish age-based additional amounts apply to all beneficiaries with Spanish contributions before 1 January 1967; Gibraltar insurance periods before that date cannot be treated as Spanish contributions under SSC.6.
Annex SSC-4 (special provisions for application of the legislation of the UK in respect of Gibraltar, or of Spain), Annex SSC-4, Spain, point 4 · Social security
“it shall not be possible, by application of Article SSC.6 of this Protocol, to treat periods of insurance credited in Gibraltar prior to the aforementioned date”
Both waysThe Parties assist each other in their areas of competence to apply customs legislation and to prevent, investigate and combat breaches.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.2(1) · Customs
“The Parties shall assist each other in the areas within their competence”
Both waysThe assistance rules apply to any competent administrative authority of either Party.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.2(2) · Customs
“apply to any administrative authority of either Party which is competent for the application of this Protocol”
Not statedOn request, the requested authority gives the applicant authority all relevant information for correct application of customs legislation, including planned or noted breaches.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.3(1) · Customs
“At the request of the applicant authority, the requested authority shall provide the applicant authority with all relevant information”
Both waysOn request, the requested authority says whether goods exported from one Party's territory were properly imported into the other's, and the reverse.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.3(2) · Customs
“goods exported from the territory of one of the Parties have been properly imported into the territory of the other Party”
Not statedOn request, the requested authority ensures special surveillance of, and informs the applicant authority about, suspect persons, goods, places, transport and premises.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.3(3) · Customs
“the requested authority shall take the necessary steps in accordance with its applicable laws and regulations to ensure special surveillance of”
Both waysThe Parties assist each other on their own initiative by giving information on actual or suspected customs breaches of interest to the other Party.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.4 · Customs
“The Parties shall assist each other on their own initiative”
Not statedThe requested authority acts promptly, within its competence, as if on its own account, by supplying information, making enquiries or arranging them.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.6(1) · Customs
“the requested authority shall proceed promptly, within the limits of its competence, as though it was acting on its own account”
Not statedThe requested authority gives the applicant authority information on the authenticity of documents issued or certified by official agencies in its territory.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.7(3) · Customs
“the requested authority shall deliver to the applicant authority any information related to the authenticity of the documents”
Both waysWith the other Party's agreement and on its conditions, a Party's officials may be present in the requested authority's offices to obtain information.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.8(1) · Customs
“Duly authorised officials of a Party may, with the agreement of the other Party and subject to the conditions laid down by the latter, be present in the offices of the requested authority”
Both waysWith the requested Party's agreement and on its conditions, officials of the other Party may be present at enquiries in the requested Party's territory.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.8(2) · Customs
“duly authorised officials of the other Party may be present at enquiries carried out in the requested Party's territory”
Not statedOn request, the requested authority delivers documents or notifies decisions of the applicant authority to addressees residing or established in its territory.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.9(1) · Customs
“the requested authority shall take all necessary measures in accordance with its applicable laws and regulations in order to deliver any documents or to notify any decisions”
Both waysThe Parties may, by mutual arrangement, exchange information automatically and exchange specific information before consignments arrive in the other Party's territory.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.10 · Customs
“The Parties may, by mutual arrangement in accordance with Article PCUST.15 of this Protocol”
Both waysA Party may refuse, or attach conditions to, assistance it thinks would prejudice UK sovereignty (for Gibraltar) or that of a requested EU country, public policy or secrets.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.11(1) · Customs
“cases where a Party is of the opinion that such assistance would … 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”
Not statedAn applicant authority seeking help it could not itself give must say so in its request; the requested authority decides how to respond.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.11(3) · Customs
“it shall draw attention to that fact in its request”
Both waysA Party wanting to use received information for other purposes needs the prior written consent of the authority that supplied it.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.12(3) · Customs
“Where one of the Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information”
Both waysThe Parties tell each other about their applicable laws and regulations on confidentiality.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.12(4) · Customs
“The Parties shall communicate to each other information on their applicable laws and regulations”
Both waysEach Party informs the other of its data protection rules; personal data move only under the providing Party's rules; best efforts to agree extra protections.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.12(5) · Customs
“Each Party shall inform the other Party about the relevant data protection rules”
Not statedThe requested authority may authorise its officials to appear as experts or witnesses in the other side's proceedings and produce documents.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.13 · Customs
“The requested authority may authorise its officials to appear, within the limitations of the authorisation granted, as experts or witnesses”
Both waysSubject to paragraphs 2 and 3, the Parties waive claims on each other for reimbursement of expenses of executing the Protocol.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.14(1) · Customs
“the Parties shall waive any claims on each other for reimbursements of expenses”
Both waysImplementation is entrusted to UK authorities for Gibraltar on one hand, and Commission services and EU country customs authorities on the other; they decide practical measures.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.15(1) · Customs
“entrusted on the one hand to the competent authorities of the United Kingdom, in respect of Gibraltar, and on the other hand to the competent services of the European Commission and the customs authorities of the Member States”
Both waysEach Party keeps the other informed of its detailed implementation measures and of the officials designated to send and receive communications.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.15(2) · Customs
“Each Party shall keep the other Party informed of the detailed implementation measures”
Not statedThe Protocol takes precedence over incompatible provisions of bilateral customs assistance agreements between individual EU countries and the UK for Gibraltar.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.16 · Customs
“shall take precedence over the provisions of any bilateral agreement on mutual administrative assistance in customs matters”
Both waysThe Parties consult each other on interpretation and implementation in the EU-UK treaty committee on economy and trade.
Protocol on mutual administrative assistance in customs matters (PCUST), Article PCUST.17 · Customs
“the Parties shall consult each other to resolve the matter in the framework of the Specialised Committee on Economy and Trade”
Both waysThe framework is for administrative cooperation between the EU countries and the UK for Gibraltar, so their authorities assist each other on VAT, excise and transaction tax.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.1 · Taxation
“administrative cooperation between the Member States and the United Kingdom, in respect of Gibraltar … in order to enable their authorities to assist each other”
Both waysEach Party notifies or designates a competent authority and informs the other Party.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.4(1) · Taxation
“Each Party shall notify or designate, as appropriate, a competent authority responsible for the application of this Protocol and shall inform the other Party thereof”
Both waysThe Gibraltar competent authority informs the Commission of its designated authorities, and the Commission passes this to EU countries; the EU countries' authority informs the Commission, which passes it to Gibraltar's authority.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.4(3)-(4) · Taxation
“shall inform the European Commission of the authorities of the United Kingdom, in respect of Gibraltar … The European Commission shall pass on this information to the competent authority of the United Kingdom, in respect of Gibraltar”
Not statedRequests are made in an official language of the requested authority or an acceptable language, English always acceptable.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.5 · Taxation
“Requests shall be submitted in an official language of the requested authority or in a language acceptable to that authority”
Not statedFurther use of information received needs the prior written consent of the authority supplying it.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.6(4) · Taxation
“Further use shall require prior written consent of the authority supplying the information”
Not statedOn request, the requested authority communicates all relevant tax information and arranges administrative enquiries needed to obtain it.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.7(1)-(2) · Taxation
“At the request of the requesting authority, the requested authority shall communicate all relevant information”
Not statedOn request on excise duty, the requested authority ensures special surveillance of, and informs the requesting authority about, suspect persons, goods, places, transport, premises and movements.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.8 · Taxation
“the requested authority shall take the necessary steps in accordance with its applicable laws and regulations to ensure special surveillance of”
Not statedThe requested authority gives the information within 90 days of the request, or 30 days if it already holds it, and explains delay.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.9 · Taxation
“no later than 90 days following the date of receipt of the request”
Both waysWithout prior request, a Party's competent authority forwards to the other Party's competent authority any information relevant to correct application of VAT, excise or transaction tax.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.10 · Taxation
“The competent authority of a Party shall, without prior request, forward to the competent authority of the other Party any information relevant”
Not statedOn request, the requested authority delivers or notifies documents and decisions to addressees in its territory and reports the date of notification.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.11 · Taxation
“the requested authority shall take measures to deliver or notify documents or decisions falling within the scope of this Protocol to addressees in its territory”
Not statedBy agreement, the requested authority may allow officials of the requesting authority to be present in its offices or at enquiries; enquiries remain carried out only by the requested authority's officials.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.12(1) · Taxation
“the requested authority may allow officials of the requesting authority to be present in its offices”
Not statedBy agreement, officials authorised by the requesting authority may take part jointly in enquiries in the requested authority's territory, under the requested Party's direction and law.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.12(2) · Taxation
“officials authorised by the requesting authority may take part in the administrative enquiries carried out in the territory of the Party of the requested authority”
Not statedA requested authority may refuse information where the requesting authority could not, for legal reasons, give similar information.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.13(3) · Taxation
“A requested authority may refuse to provide information where the requesting authority is unable, for legal reasons, to provide similar information”
Not statedThe requested authority may not refuse information only because a bank, financial institution, nominee or fiduciary holds it or because it concerns ownership interests.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.13(5) · Taxation
“in no case be interpreted as authorising the requested authority to refuse to supply information on the sole grounds that this information is held by a bank”
Not statedOn request, the requested authority gives information to identify debtors or assets in its territory needed to recover claims.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.15(1) · Taxation
“the requested authority shall provide any information for the identification of debtors or assets located in its territory”
Not statedWith the requested authority's agreement, officials authorised by the applicant authority may be present in its offices or take part in recovery enquiries; they do not use enforcement powers.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.16(1) · Taxation
“officials authorised by the applicant authority may be present in the offices of the requested authority or take part in administrative enquiries”
Not statedOn request, the requested authority notifies the addressee of instruments, decisions or documents on VAT, excise, transaction tax, customs duties or their recovery, including judicial ones.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.17(1) · Taxation
“the requested authority shall notify the addressee of any instruments, decisions or documents”
Not statedOn request, the requested authority recovers claims backed by an enforcement instrument in the applicant authority's territory.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.18(1) · Taxation
“the requested authority shall recover claims which are the subject of an instrument permitting enforcement in the territory of the Party of the applicant authority”
Not statedThe requested authority recovers the claim as if its own, using its own powers, and keeps the applicant authority informed of steps and sums recovered.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.20(1)-(2) · Taxation
“The requested authority shall recover the claim as if it were a claim of its own territory”
Not statedDisputes on the claim's validity or amount are decided by the applicant authority's Party; disputes on recovery actions by the requested authority's own bodies.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.21(1) · Taxation
“Any dispute about the validity or amount of the claim shall be decided by the authorities of the Party of the applicant authority”
Not statedOn request, the requested authority takes precautionary measures if allowed by its law, without recognition of the applicant authority's document.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.23(1) · Taxation
“the requested authority shall take precautionary measures, if allowed by its national law”
Not statedThe requested authority may refuse or limit recovery assistance on hardship, disproportion or age grounds; no assistance is to be requested for claims below GBP 5 000.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.24 · Taxation
“No assistance shall be requested for claims below GBP 5 000”
Both waysEach Party bears its own costs of recovery assistance and does not seek reimbursement from the other Party.
Protocol on VAT and excise administrative cooperation and recovery (PVAT), Article PVAT.26(1) · Taxation
“Each Party shall bear the costs it incurs in recovery assistance and shall not seek reimbursement from the other Party”
Both waysThe EU and the UK for Gibraltar exchange regularly information on tobacco imported, sold or exported, with details listed in (a) to (c).
Protocol on tobacco (PTOB), Article PTOB.1(1) · Tobacco
“the Union and the United Kingdom, in respect of Gibraltar, shall exchange regularly information concerning the amounts of tobacco products imported, sold or exported”
Both waysThe EU and the UK for Gibraltar share information on efforts to prevent fraud and smuggling in Gibraltar: legislation, measures, resources, seizures, traceability.
Protocol on tobacco (PTOB), Article PTOB.1(2) · Tobacco
“the Union and the United Kingdom, in respect of Gibraltar, shall share specific information referring to the efforts made to prevent and combat fraud and smuggling in Gibraltar”
Not statedThe information is provided quarterly, exchanged within the first two months of the following quarter.
Protocol on tobacco (PTOB), Article PTOB.1(3) · Tobacco
“will be exchanged within the first two months of the quarter following the quarter being reported”
Both waysCompetent authorities in the EU and of the UK for Gibraltar cooperate in identifying persons domiciled in their respective territories possibly responsible for smuggling to or from Gibraltar, and in investigations.
Protocol on tobacco (PTOB), Article PTOB.2(1) · Tobacco
“The competent authorities within the Union and of the United Kingdom, in respect of Gibraltar, shall cooperate in identifying persons domiciled in their respective territories”
Both waysThe para 1 cooperation is reciprocal and includes assistance in serving documents issued by the requesting authorities on all addressees.
Protocol on tobacco (PTOB), Article PTOB.2(2) intro and (a) · Tobacco
“The cooperation referred to in paragraph 1 shall be reciprocal and shall … assistance in serving the documents indicated by the requesting authorities”
Not statedAt the request of the requesting authorities, provision of individual asset information relevant to taxation, to collect debts owed to the authorities.
Protocol on tobacco (PTOB), Article PTOB.2(2)(b) · Tobacco
“provision, at the request of the requesting authorities, of all individual information concerning assets that is relevant to taxation”
Not statedAt request, collection of debts owed to the authorities under an enforcement instrument, and adoption of measures to secure collection (withholding payments, freezing assets, bans on disposal).
Protocol on tobacco (PTOB), Article PTOB.2(2)(c)-(d) and (3) · Tobacco
“collection, at the request of the requesting authorities, of debts owed to the authorities, as documented in an instrument that enables enforcement”
Both waysIf evidence shows significant tobacco smuggling into Gibraltar or the surrounding area from any part of Spain, the EU's and Gibraltar's competent authorities take effective action to prevent it.
Protocol on tobacco (PTOB), Article PTOB.2(4) · Tobacco
“the competent authorities within the Union and of the United Kingdom, in respect of Gibraltar, shall take effective action to prevent such illicit activity”
Both waysAdministrative arrangements between the EU's and Gibraltar's competent authorities set out the practical modalities for applying the Protocol.
Protocol on tobacco (PTOB), Article PTOB.2(5) · Tobacco
“Administrative arrangements between the competent authorities within the Union and of the United Kingdom, in respect of Gibraltar, shall set out the practical modalities”
One way: Gibraltar to Spain/EUThe UK for Gibraltar applies a tobacco traceability system equivalent to the EU system: cigarettes and roll-your-own from entry into force, other products within 24 months.
Protocol on tobacco (PTOB), Article PTOB.3(1) · Tobacco
“The United Kingdom, in respect of Gibraltar, shall apply a tobacco traceability system which is equivalent to the Union system”
Both waysOn request, the EU's authorities (for the Spanish market) and Gibraltar's authorities give each other information from their traceability systems in near-real time, within 24 hours.
Protocol on tobacco (PTOB), Article PTOB.3(2) · Tobacco
“shall provide each other, upon request, with any information collected by their respective systems”
One way: Gibraltar to Spain/EUThe UK for Gibraltar sets picture-warning requirements on tobacco products equivalent to those in the EU market.
Protocol on tobacco (PTOB), Article PTOB.5(1) · Tobacco
“The United Kingdom, in respect of Gibraltar, shall establish the requirements with respect to picture warnings”
One way: Gibraltar to Spain/EUThe UK for Gibraltar prohibits placing tobacco for oral use on the market.
Protocol on tobacco (PTOB), Article PTOB.5(2) · Tobacco
“shall prohibit the placing on the market of tobacco for oral use”
One way: Gibraltar to Spain/EUThe UK for Gibraltar prohibits cross-border distance sales of tobacco products to consumers.
Protocol on tobacco (PTOB), Article PTOB.5(3) · Tobacco
“shall prohibit cross-border distance sales of tobacco products to consumers”
Both waysGibraltar's authorities have a system for destroying confiscated and non-compliant tobacco by entry into force; UK-for-Gibraltar and Spain administrative arrangements may set cooperation modalities.
Protocol on tobacco (PTOB), Article PTOB.5(4) · Tobacco
“Administrative arrangements between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain may set out the practical modalities for cooperation”
Both waysThe UK for Gibraltar and Spain are each responsible for implementing their own aspects of the treaty.
Arrangement 1, Arrangement 1, para 1.1 · Other
“The United Kingdom, in respect of Gibraltar, and Spain will be responsible for implementing their respective aspects of the Agreement”
Both waysThe Participants will cooperate on implementation as necessary.
Arrangement 1, Arrangement 1, para 1.2 · Other
“The Participants will cooperate on implementation as necessary”
Not statedA joint working group on implementation is established as a forum for cooperation, information exchange and operational coordination.
Arrangement 1, Arrangement 1, para 2.1 · Institutions and disputes
“There will be established a joint working group on implementation … provide a forum for enhanced cooperation, the exchange of information, and the coordination of operational collaboration”
Both waysEach Participant has an equal number of Working Group members and informs the other of members appointed and changes.
Arrangement 1, Arrangement 1, para 2.4 · Institutions and disputes
“Each Participant will have an equal number of members in the Working Group … will inform the other of the members appointed and of any possible changes”
Not statedThe European Commission will be invited to observe Working Group meetings.
Arrangement 1, Arrangement 1, para 2.7 · Institutions and disputes
“The European Commission will be invited to observe meetings of the Working Group”
Both waysThe Working Group adopts its rules of procedure and works by joint decision between the Participants.
Arrangement 1, Arrangement 1, para 2.8 · Institutions and disputes
“The Working Group will adopt its rules of procedure and work by joint decision … between the Participants”
Both waysEach Participant develops Implementation Plans for its own parts, including removal of its physical infrastructure; plans are shared and discussed in the Working Group.
Arrangement 1, Arrangement 1, para 3.1 · Other
“Each Participant will develop Implementation Plans to implement their respective parts of the Agreement … The Implementation Plans will be shared and discussed via the Working Group”
Not statedThe Working Group develops a shared Implementation Plan for relevant elements, including construction of the Second Line Checks Area at the airport.
Arrangement 1, Arrangement 1, para 3.2 · Other
“The Working Group will develop a shared Implementation Plan for the relevant elements of the Agreement … including construction of the Second Line Checks Area at the airport”
Both waysEither Participant may terminate the Arrangement by written notice through diplomatic channels; it ceases the first day of the twelfth month after notice.
Arrangement 1, Arrangement 1, para 4.2 · Institutions and disputes
“Either Participant may terminate this Arrangement by written notification through diplomatic channels”
One way: Spain/EU to GibraltarTwo annexes to the Gibraltar airport terminal are to be built to allow control of persons and goods by competent EU authorities.
Arrangement 1, Arrangement 1, Annex 1 (Spanish plan), second phase · Schengen checks
“to allow for the control of persons and goods by the competent authorities of the European Union”
Both waysConstruction of the airport annexes is done by Spanish authorities jointly with the competent Gibraltar authorities.
Arrangement 1, Arrangement 1, Annex 1 (Spanish plan), second phase · Schengen checks
“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”
Both waysConstruction of the airport annexes is done by Spanish authorities jointly with the competent Gibraltar authorities; Gibraltar authorities control persons and goods there.
Arrangement 1, Arrangement 1, Annex 2 (UK in respect of Gibraltar plan), second phase · Schengen checks
“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 … to allow for the control of persons and goods by the competent authorities of the”
Not statedThe Working Group informs the relevant Committees under Article 23 of the treaty on implementation of Article 38 and Chapter V.
Arrangement 2, Arrangement 2, para 1.2 · Institutions and disputes
“The Working Group will inform as necessary the relevant Committees referred”
Both waysWorking Group co-chaired by a representative of Spain and one of the United Kingdom (UK); meets at least every four months; schedule and agenda by mutual consent.
Arrangement 2, Arrangement 2, para 1.3 · Institutions and disputes
“co-chaired by a representative of Spain and a representative of United Kingdom … with the agreement of both Participants”
Not statedThe Working Group facilitates implementation and resolves differences on operational matters.
Arrangement 2, Arrangement 2, para 1.4 · Institutions and disputes
“resolve differences on operational matters related to its implementation and application”
Both waysEach Participant may refer any implementation, application or interpretation issue to the Working Group.
Arrangement 2, Arrangement 2, para 1.5 · Institutions and disputes
“Each Participant may refer to the Working Group any issue”
Both waysWorking Group may discuss any matter and determine by consensus the channel of communication between the Participants.
Arrangement 2, Arrangement 2, para 1.6(a) · Institutions and disputes
“determine by consensus the appropriate channel of communication for this purpose between the Participants”
Both waysLiaison officers are designated by the Participants, who inform the Working Group; they are serving military officers of the Spanish or UK Armed Forces, rank no higher than OF3.
Arrangement 2, Arrangement 2, para 2.1 · Mobility
“will be designated by the Participants, who will inform the Working Group of their appointment and replacement … serving military officers of the Spanish Armed Forces or United Kingdom Armed Forces”
Not statedLiaison officers act in a non-executive capacity to facilitate border checks, defence movements and customs procedures and report operational difficulties to the Working Group.
Arrangement 2, Arrangement 2, para 2.3 · Mobility
“their role will be to facilitate the conduct of border checks, defence movements or customs procedures … They will report to the Working Group about any operational difficulties”
Both waysThe Participants ensure their liaison officers are available, including outside fixed opening hours of the Designated Customs Post and Border Crossing Points.
Arrangement 2, Arrangement 2, para 2.4 · Mobility
“The Participants will ensure the availability of their respective designated liaison officers”
Both waysThe Participants ensure liaison officers hold security clearance under their own legislation to access areas they need to access.
Arrangement 2, Arrangement 2, para 2.5 · Mobility
“The Participants will ensure that liaison officers hold appropriate security clearance according to their respective legislation”
Both waysIdentity of persons is verified on location, on arrival and before departure, by liaison officers of both Participants.
Arrangement 2, Arrangement 2, para 2.6 (first sentence) · Mobility
“will be conducted as soon as is reasonably practicable upon their arrival and prior to departure on location by … the liaison officers of both Participants”
One way: Gibraltar to Spain/EUThe United Kingdom (UK) makes available to Spain the information needed to identify the persons, as soon as practicable and not later than six hours before arrival or departure.
Arrangement 2, Arrangement 2, para 2.6 (second sentence) · Mobility
“the United Kingdom will make information available to Spain necessary for the identification of these persons … not later than six hours before arrival or departure”
One way: Gibraltar to Spain/EUWhere Article 264(1) of the treaty conditions are met, the United Kingdom (UK) gives Spain's liaison officer a list of items and a certificate signed by the UK liaison officer, before transfer of goods.
Arrangement 2, Arrangement 2, para 2.7 · Mobility
“the United Kingdom will provide Spain's liaison officer with a list of … a certificate signed by the United Kingdom's liaison officer”
Both waysVerification of Article 264 conditions may be done on location by liaison officers of both Participants after import or export, or at the counter in Annex 5 Article 3.
Arrangement 2, Arrangement 2, para 2.8 · Mobility
“may be conducted on location by the liaison officers of both Participants”
Both waysThe list of selected partners to which Article 26(1)(n) applies is determined by the Participants in an exchange of diplomatic notes.
Arrangement 2, Arrangement 2, para 3.1 · Customs
“will be determined by the Participants in an exchange of diplomatic notes”
Not statedClassified information exchanged or generated is handled under the Participants' national security laws and the 2009 General Security Arrangement.
Arrangement 2, Arrangement 2, para 4.1 · Other
“All classified information, exchanged or generated in connection with this Arrangement”
Not statedNon-resident UK Forces, visiting third-country forces and civilian component present specified documents at the Schengen border crossing points when arriving at or leaving Gibraltar by civilian aircraft or vessel.
Arrangement 2, Arrangement 2, para 5.1 (documents presented) · Schengen checks
“will present the documents specified in Articles 38(2) and (5) of the Agreement at … the Schengen border crossing points established under Article 29 of the Agreement”
One way: Spain/EU to GibraltarThe documents are registered by Spain expeditiously on arrival at the Border Crossing Points and serve as proof of exemption from passport, visa and Schengen border checks.
Arrangement 2, Arrangement 2, para 5.1 (registration by Spain) · Schengen checks
“Such documents will be registered by Spain expeditiously and without undue delay on arrival at the Border Crossing Points”
Not statedThe relevant border authorities will not impede or deny entry or exit to these persons if they present a valid movement order and personal identification.
Arrangement 2, Arrangement 2, para 5.1 (no impediment) · Schengen checks
“The relevant border authorities will not impede, or deny entry or exit to these persons”
Not statedData collected for Article 38(2) purposes is used exclusively for border security at the Border Crossing Points in Gibraltar.
Arrangement 2, Arrangement 2, para 5.1 (data use) · Schengen checks
“will be used exclusively for border security at the Border Crossing Points established under”
Both waysFor border checks by Spain and the UK for Gibraltar, the same movement order and official personal identification is presented as proof of exemption.
Arrangement 2, Arrangement 2, para 5.2 · Schengen checks
“For the purpose of undergoing border checks by Spain and the United Kingdom, in respect of Gibraltar”
Both waysA state consignment is one designated as such by either Participant, not commercial, with visible marks and only official documents or articles.
Arrangement 2, Arrangement 2, para 6.1(c) · Customs
“designated as such by either Participant and not for commercial”
Both waysEither Participant may terminate this Arrangement by written notice through diplomatic channels.
Arrangement 2, Arrangement 2, para 7.2 · Institutions and disputes
“Either Participant may terminate this Arrangement by written notification through diplomatic channels”
Not statedA Technical Committee is set up for exchange of information and dialogue between the competent authorities on Agreement and multilateral environmental matters.
Arrangement 3, Arrangement 3, para 1 · Environment
“a Technical Committee (the “Committee”) will be established for the exchange of information … as a forum for dialogue between the competent authorities”
Both waysOrdinary sessions once a year alternately in Gibraltar and Spain; extraordinary sessions in Gibraltar if convened by the UK for Gibraltar, or in Spain if convened by Spain.
Arrangement 3, Arrangement 3, para 3 (sessions) · Environment
“Extraordinary sessions will be held in Gibraltar, if convened by the United Kingdom in respect of Gibraltar, or in Spain, if convened by Spain”
Both waysCentral government representatives of Spain and the United Kingdom (UK) take part in all Committee meetings; Spanish regional and local governments may also take part.
Arrangement 3, Arrangement 3, para 3 (representation) · Environment
“representatives of the central governments of Spain and the United Kingdom, will participate in all meetings of the Committee”
Not statedCompetent authorities promote prevention based on the precautionary approach, discuss coordinating control of invasive species and exchange scientific data.
Arrangement 3, Arrangement 3, para 4(a) · Environment
“discuss possible coordination of their activities relating to the control and eradication of invasive exotic species and exchange the corresponding”
Not statedFor scientific research vessels intending to work in the area, the competent authorities inform the Committee of route, duration and objectives with reasonable notice.
Arrangement 3, Arrangement 3, para 4(b) · Environment
“inform the Committee, with reasonable notice before the”
Not statedCompetent authorities exchange information on fishing activities, management, bycatch of protected species and illegal fishing.
Arrangement 3, Arrangement 3, para 4(c) · Environment
“exchange information about fishing activities, their management”
Not statedCompetent authorities exchange information on ship refuelling activities.
Arrangement 3, Arrangement 3, para 4(d) · Environment
“exchange information on ship refuelling activities”
Not statedCompetent authorities exchange information on their waste legal frameworks and compliance.
Arrangement 3, Arrangement 3, para 5(a) · Environment
“exchange information on their respective legal frameworks on waste”
Not statedCompetent authorities exchange information on waste prevention and management and on urban and industrial wastewater treatment.
Arrangement 3, Arrangement 3, para 5(b)-(c) · Environment
“exchange information on waste prevention and management … exchange information on the treatment of urban and industrial wastewater”
Not statedCompetent authorities establish fluid relations to enforce legal frameworks on cross-border waste transfer, which must comply with the regulations of the receiving Participant.
Arrangement 3, Arrangement 3, para 5(d) · Environment
“establish fluid relations in order to better enforce respective legal frameworks on operations related to the cross-border transfer of waste … must comply with the regulations of the receiving Participant”
Not statedCompetent authorities exchange information and establish fluid relationships on extended producer responsibility.
Arrangement 3, Arrangement 3, para 5(e) · Environment
“exchange information and establish fluid relationships regarding extended”
Not statedCompetent authorities exchange information, establish relations and use best endeavours to resolve operational issues with permit applications for cross-border waste shipments.
Arrangement 3, Arrangement 3, para 5(f) · Environment
“use best endeavours to”
Not statedCompetent authorities exchange information and experiences on clean technologies.
Arrangement 3, Arrangement 3, para 5(g) · Environment
“exchange information and experiences in relation to clean or less polluting”
Not statedCompetent authorities facilitate the exchange of data on emissions and air quality, particularly from industrial plants and activity in the area.
Arrangement 3, Arrangement 3, para 6 · Environment
“will facilitate the exchange of data and information related to emissions and air quality”
Not statedCompetent authorities use the Committee forum to discuss their obligations on landfilling, waste water and air pollution under the treaty, including the Espoo Convention; Committee promotes compliance.
Arrangement 3, Arrangement 3, para 7 · Environment
“will use the forum offered by the Committee to facilitate … The Committee will promote compliance with these”
Both waysWhere a proposed activity in one Participant's territory is likely to cause significant adverse transboundary impact on the other, the Participant of origin notifies the affected Participant as early as possible, with a response time of at least 30 days.
Arrangement 3, Arrangement 3, para 8 · Environment
“proposed activity in the territory of one Participant … significant adverse transboundary impact on the environment of the other Participant … notify the affected Participant as early as possible”
Both waysIf a Participant considers it would be affected by a significant adverse transboundary impact and no notification was given, the other Participant exchanges information at its request under Article 3(7) of the Espoo Convention.
Arrangement 3, Arrangement 3, para 9 · Environment
“the other Participant will, at the request of the affected Participant, exchange information”
Both waysThe Participants may inform the EU-UK treaty committee on economy and trade of unresolved differences about Agreement obligations; without prejudice to dispute settlement provisions.
Arrangement 3, Arrangement 3, para 10 · Institutions and disputes
“The Participants may inform the Specialised Committee on Economy and Trade”
Both waysThe Arrangement may be modified at any time by mutual agreement of the Participants expressly in writing.
Arrangement 3, Arrangement 3, para 11 · Institutions and disputes
“may be modified, at any time, by mutual agreement of the Participants”
Both waysEither Participant may terminate this Arrangement by written notice through diplomatic channels.
Arrangement 3, Arrangement 3, para 13 · Institutions and disputes
“Either Participant may terminate this Arrangement by written notification through diplomatic channels”
Not statedCooperation between the law enforcement agencies concerned is to be set out in an operational understanding agreed between those agencies, in line with domestic law.
Arrangement 4, Arrangement 4, 1.1 · Police and judicial cooperation
“agreed between the law enforcement agencies concerned”
Not statedThe Second Line Checks Area at the airport is a shared working space built to the Annex A design.
Arrangement 4, Arrangement 4, 2.1.2 · Schengen checks
“will be a shared working space designed and built in accordance with the design at Annex A”
One way: Spain/EU to GibraltarSpanish officials may be inside the Schengen immigration booths at the airport and may be in uniform there.
Arrangement 4, Arrangement 4, 2.1.4(a) · Schengen checks
“Spanish officials present at the airport outside the Second Line Checks Area will be present in two ways … officers within the immigration booths may be in uniform”
One way: Spain/EU to GibraltarA Spanish officer may be present outside the booths to supervise e-gates and escort passengers to the Second Line Checks Area, in civilian clothes but identified.
Arrangement 4, Arrangement 4, 2.1.4(b) · Schengen checks
“a Spanish officer may be present to supervise the e-gates and escort passengers … Any Spanish official outside of the Second Line Checks Area or Schengen immigration booths will be in civilian clothes but suitably identified”
One way: Gibraltar to Spain/EUOfficials of the UK for Gibraltar may accompany the Spanish officers escorting passengers.
Arrangement 4, Arrangement 4, 2.1.4(b), second sentence · Schengen checks
“Officials of the United Kingdom, in respect of Gibraltar, may accompany them”
Both waysThe Participants consult on the design of the Schengen immigration booths.
Arrangement 4, Arrangement 4, 2.1.5 · Schengen checks
“The Participants will consult on the design of the Schengen immigration booths”
Not statedSecond line checks and certain related decisions take place in the Second Line Checks Area.
Arrangement 4, Arrangement 4, 2.1.6 · Schengen checks
“Second line checks and certain other decisions related to the application of Schengen legislation on border checks will take place”
Both waysPort passengers and crew needing Schengen checks are transported to the airport (and back after exit checks) by the UK for Gibraltar and Spain.
Arrangement 4, Arrangement 4, 2.2.1 (transport to airport) · Schengen checks
“will be transported to the airport by the United Kingdom, in respect of Gibraltar, and Spain to undergo these checks”
One way: Gibraltar to Spain/EUVehicles for the transfer are provided and driven by Gibraltar authorities; Spanish officials travel in civilian clothes but identified.
Arrangement 4, Arrangement 4, 2.2.1 (vehicles and drivers) · Schengen checks
“vehicles provided and driven by the authorities of the United Kingdom, in respect of Gibraltar … Spanish officials will be in civilian clothes but suitably identified”
One way: Gibraltar to Spain/EUThe UK for Gibraltar ensures no cruise liner calls at Gibraltar directly from third countries other than the UK.
Arrangement 4, Arrangement 4, 2.2.1 (cruise liners) · Schengen checks
“will ensure that no cruise liners call into Gibraltar directly from third countries other than from the United Kingdom”
Not statedArticle 29(3) conditions are treated as met when there is no direct ferry link to a non-Schengen port and no cruise ship starts or ends its itinerary at Gibraltar.
Arrangement 4, Arrangement 4, 2.2.2 · Schengen checks
“in Article 29(3) of the Agreement will be considered to have been met where”
One way: Spain/EU to GibraltarIf the Article 29(3) conditions are not met and Spanish officials must do first line checks in the port, they notify the UK for Gibraltar in advance, if possible in writing; they sit in the immigration booth.
Arrangement 4, Arrangement 4, 2.2.3 (notify) · Schengen checks
“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”
One way: Gibraltar to Spain/EUGibraltar authorities accompany the Spanish officials to and from the port and while at the port.
Arrangement 4, Arrangement 4, 2.2.3 (accompany) · Schengen checks
“The authorities of the United Kingdom, in respect of Gibraltar, will accompany the Spanish officials”
One way: Spain/EU to GibraltarThe competent authorities of Spain exempt civilian sea crew holding a seafarer's identity document from visa requirements under EU law when they land to board a ship or go ashore to transit.
Arrangement 4, Arrangement 4, 2.2.4 · Schengen checks
“The competent authorities of Spain will exempt from visa requirements under Union law civilian sea crew members”
One way: Spain/EU to GibraltarIn exceptional cases, with confirmation by the competent Spanish immigration authorities, first-line checks other than for arrivals at airport and port may take place in the Second Line Checks Area.
Arrangement 4, Arrangement 4, 2.3.1 · Schengen checks
“upon confirmation by the competent Spanish immigration authorities, first-line Schengen border checks”
One way: Spain/EU to GibraltarWhere Spain's risk assessment justifies it, Schengen checks may be carried out at border crossing points outside the booths; Spanish authorities inform Gibraltar authorities in advance.
Arrangement 4, Arrangement 4, 2.3.2 (Spanish checks and prior information) · Schengen checks
“If justified on the basis of an assessment made by Spain of the risk related to internal security or illegal migration … Spanish authorities will inform the authorities of the United Kingdom, in respect of Gibraltar, in advance”
One way: Gibraltar to Spain/EUGibraltar authorities may accompany Spanish officials outside the immigration booths.
Arrangement 4, Arrangement 4, 2.3.2 (accompany) · Schengen checks
“may accompany Spanish officials outside the Schengen immigration booths”
Not statedAny person arrested or detained under Article 34 of the treaty must get appropriate procedural safeguards including information, interpretation, a lawyer, suitable conditions and time to decide.
Arrangement 4, Arrangement 4, 2.4.1 · Schengen checks
“the person must be provided with "appropriate procedural safeguards"”
Both waysIf a person has an arrest-only alert in Gibraltar databases, or in Spanish databases, and objects to arrest, the person is refused entry (or required to exit) and goes back to origin, to Spain, or to the intended destination as the person chooses.
Arrangement 4, Arrangement 4, 2.4.2(a)(i)-(ii) and (b)(iii)-(iv) · Schengen checks
“alert on the Gibraltar databases or information systems only for arrest … alert on the Spanish databases or information systems for arrest”
One way: Gibraltar to Spain/EUThe UK for Gibraltar authorities request a stay of removal, via a fast-track process, until the relevant judicial authorities resolve a human-rights concern or conflicting extradition obligation.
Arrangement 4, Arrangement 4, 2.4.3 · Schengen checks
“the authorities of the United Kingdom, in respect of Gibraltar, will request a stay of removal until the matter has been resolved by the relevant judicial authorities”
One way: Gibraltar to Spain/EUThe Gibraltar authorities give the Spanish authorities frequent updates on the progress of the case when the person is in Gibraltar custody.
Arrangement 4, Arrangement 4, 2.4.4 (updates) · Schengen checks
“will provide the Spanish authorities with frequent updates of the progress of the case”
Both waysBoth sides cooperate to resolve the arrest case as quickly as possible.
Arrangement 4, Arrangement 4, 2.4.4 (cooperation) · Schengen checks
“both sides will cooperate to ensure that the case is resolved as quickly as possible”
Not statedWhere a Spanish alert conflicts with a Gibraltar extradition alert, the competent authority of the 'executing actor' decides which takes precedence, weighing seriousness, place, dates and legal obligations.
Arrangement 4, Arrangement 4, 2.4.5 · Schengen checks
“the decision as to which alert takes precedence will be taken by the competent authority of the executing actor”
Both waysArrest or detention matters under Article 34(7) may be challenged in the domestic courts of the UK for Gibraltar, or of Spain, as applicable.
Arrangement 4, Arrangement 4, 2.4.6 · Schengen checks
“may be challenged in the domestic courts of United Kingdom, in respect of Gibraltar, or Spain, as applicable”
Both waysIn all cases, including refusal of entry or required exit, the participants cooperate under the treaty (Surrender chapter and Article 54) and the TCA to prevent, detect, investigate or prosecute offences and terrorism.
Arrangement 4, Arrangement 4, 2.4.7 · Police and judicial cooperation
“the participants will cooperate in line with the relevant provisions of the Agreement”
Both waysA person refused entry and held in the Second Line Checks Area is escorted to the carrier jointly by officers of the UK for Gibraltar and Spain through a secure corridor.
Arrangement 4, Arrangement 4, 2.4.8(a) · Schengen checks
“the escort will be conducted jointly by officers from the United Kingdom, in respect of Gibraltar, and Spain”
Both waysThe Participants cooperate on border surveillance under Article 33 of the treaty.
Arrangement 4, Arrangement 4, 3.1.1 · Surveillance and pursuit
“The Participants will cooperate on border surveillance in accordance with Article 33 of the Agreement”
One way: Spain/EU to GibraltarSpain performs border surveillance activity under the Schengen Borders Code and Article 33 of the treaty.
Arrangement 4, Arrangement 4, 3.2.1 · Surveillance and pursuit
“Spain will perform border surveillance activity in accordance with the Schengen Borders Code”
Both waysCompetent authorities of both Participants conduct joint maritime patrols in jointly crewed law enforcement vessels at the borders of both Gibraltar and the surrounding area of Spain.
Arrangement 4, Arrangement 4, 3.2.2 · Surveillance and pursuit
“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”
Both waysSpain and the UK for Gibraltar are each responsible for appointing their own law enforcement officers to the joint patrol.
Arrangement 4, Arrangement 4, 3.2.3 · Surveillance and pursuit
“Spain and the United Kingdom, in respect of Gibraltar, will each be responsible for the appointment of law enforcement officers”
Both waysResponsibility for providing the patrol vessels alternates weekly between the Participants; each provides a neutrally branded vessel marked with the European flag or agreed insignia.
Arrangement 4, Arrangement 4, 3.2.4 · Surveillance and pursuit
“The responsibility for providing the vessels for these patrols will alternate on a weekly basis between the Participants … each Participant will provide a vessel that is neutrally branded”
Not statedIf a person must be arrested or detained during border surveillance, the competent authority of the territory where the person was apprehended does it under that territory's law.
Arrangement 4, Arrangement 4, 3.2.5 · Surveillance and pursuit
“this should be done by the competent authority of the territory where the person has been apprehended”
Not statedA joint Working Group on border surveillance is established as a forum for cooperation, information exchange and operational coordination; it meets at least every three months.
Arrangement 4, Arrangement 4, 3.3.1 · Surveillance and pursuit
“A joint working group will be established on border surveillance”
Both waysEach Participant has an equal number of members in the Working Group and tells the other of its appointments and changes.
Arrangement 4, Arrangement 4, 3.3.2 · Surveillance and pursuit
“Each Participant will have an equal number of members in the Working Group and will inform each other of the members appointed”
Both waysThe Working Group adopts its rules of procedure and works by joint decision between the Participants.
Arrangement 4, Arrangement 4, 3.3.3(a) · Surveillance and pursuit
“Adopt its rules of procedure and work by joint decision between the Participants”
Not statedThe Working Group sets up an encrypted radio frequency as the operational communication channel; communication may also be through personnel stationed at the Second Line Checks Area or in writing.
Arrangement 4, Arrangement 4, 3.3.3(b) · Surveillance and pursuit
“Establish an encrypted radio frequency as a designated communication channel to facilitate operational collaboration”
Not statedThe Working Group designates points of contact to ensure permanent communication as needed.
Arrangement 4, Arrangement 4, 3.3.3(c) · Surveillance and pursuit
“Designate points of contact to ensure permanent communication as needed”
Both waysThe Working Group is the forum for consultation on appointment, conduct and discipline of officers on joint patrols; it may consider concerns raised by either Participant and recommend suspension or withdrawal of appointments.
Arrangement 4, Arrangement 4, 3.3.3(d) · Surveillance and pursuit
“It may consider concerns raised by either Participant”
Not statedThe Working Group may propose action guidelines for the respective competent authorities.
Arrangement 4, Arrangement 4, 3.3.4 · Surveillance and pursuit
“may propose action guidelines for the respective competent authorities”
Both waysCompetent authorities of the Participants that intend to carry out border surveillance inform the Working Group in advance, including by the encrypted radio, of their route, duration and objectives.
Arrangement 4, Arrangement 4, 3.4.1 · Surveillance and pursuit
“The competent authorities of the Participants which intend to carry out border surveillance will inform the Working Group in advance”
Both waysCompetent authorities of the Participants engaged in border surveillance give the Working Group continuous updates on location and activity via the encrypted radio.
Arrangement 4, Arrangement 4, 3.4.2 · Surveillance and pursuit
“the competent authorities of the Participants engaged in border surveillance will provide the Working Group with continuous updates on location and activity”
Not statedDetailed communication and coordinated action between the Participants, or for operational security, should go through the designated contact points or stationed personnel.
Arrangement 4, Arrangement 4, 3.4.3 · Surveillance and pursuit
“this should be done via the designated contact points or staUoned personnel”
Both waysEither Participant may terminate the Arrangement by written notice through diplomatic channels; it ends on the first day of the twelfth month after notice.
Arrangement 4, Arrangement 4, 4.2 · Institutions and disputes
“Either Participant may terminate this Arrangement by written notification through diplomatic channels”
Both waysThe UK for Gibraltar and Spain will intensify cooperation on law enforcement, including in the Campo de Gibraltar municipalities.
Arrangement 5, Arrangement 5, 1.1 · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain will intensify cooperation on law enforcement”
Not statedA joint working group on police cooperation is established as a forum for cooperation, information exchange and operational coordination; it meets at least every three months or when the Participants consider appropriate.
Arrangement 5, Arrangement 5, 2.1 · Police and judicial cooperation
“There will be established a joint working group on police cooperation”
Both waysEach Participant has an equal number of members in the Working Group and informs the other of members and changes.
Arrangement 5, Arrangement 5, 2.2 · Police and judicial cooperation
“Each Participant will have an equal number of members in the Working Group and will inform each other of the members appointed”
Both waysThe Working Group includes representatives of the relevant competent authorities of the Participants.
Arrangement 5, Arrangement 5, 2.3 · Police and judicial cooperation
“The Working Group will include representatives of the relevant competent authorities of the Participants”
Both waysThe Working Group adopts its rules of procedure and works by joint decision between the Participants.
Arrangement 5, Arrangement 5, 2.4 · Police and judicial cooperation
“adopt its rules of procedure and work by joint decision between the Participants”
Not statedThe Working Group sets up an encrypted radio frequency as the operational channel for continued surveillance and pursuit; communication may also go through stationed personnel at the Second Line Checks Area or in writing.
Arrangement 5, Arrangement 5, 2.5 · Surveillance and pursuit
“The Working Group will establish an encrypted radio frequency as a designated communication channel”
Not statedDetailed communication and coordinated action between the Participants, or for operational security, should go through designated contact points or stationed personnel.
Arrangement 5, Arrangement 5, 2.6 · Surveillance and pursuit
“this should be done via the designated contact points or stationed personnel”
Not statedThe Working Group designates points of contact, including specific ones for exchanging information on continued surveillance and uninterrupted pursuit.
Arrangement 5, Arrangement 5, 2.7 · Surveillance and pursuit
“The Working Group will designate points of contact to ensure permanent communication as needed”
Not statedThe Working Group may propose action guidelines for the respective law enforcement services.
Arrangement 5, Arrangement 5, 2.8 · Surveillance and pursuit
“may propose action guidelines for the respective law enforcement services”
Both waysThe competent authorities of each Participant are allowed to perform continued surveillance in the territory of the other Participant, under Article 55 of the treaty.
Arrangement 5, Arrangement 5, 3.1 · Surveillance and pursuit
“The competent authorities of each Participant are allowed to perform continued surveillance in the territory of the other Participant”
Both waysCompetent authorities of the Participants that intend to carry out continued surveillance in Gibraltar or Spain inform the competent authorities of the other Participant, also by encrypted radio, as soon as possible and at the latest on entering the other territory.
Arrangement 5, Arrangement 5, 3.2 · Surveillance and pursuit
“will inform, including via the encrypted radio frequency, the competent authorities of the other Participant”
Both waysIf the competent authorities of the Participants decide to take over the surveillance, they communicate it, including on the shared radio frequency, and the initiating Participant's surveillance ceases.
Arrangement 5, Arrangement 5, 3.3 · Surveillance and pursuit
“decide to take over the surveillance operation they will communicate it … the continued surveillance of the Participant who initiated it will thereupon cease”
Both waysSurveillance officers must follow paragraphs 3.1 to 3.3, the law of Spain or of the UK for Gibraltar as the case may be, and obey instructions of the competent local authorities.
Arrangement 5, Arrangement 5, 3.4(a) · Surveillance and pursuit
“with the law of Spain or the United Kingdom, in respect of Gibraltar, as the case may be … they must obey the instructions of the competent local authorities”
Not statedCompetent authorities carrying out surveillance must always be able to prove they act in an official capacity.
Arrangement 5, Arrangement 5, 3.4(b) · Surveillance and pursuit
“must at all times be able to prove that they are acting in an official capacity”
Not statedOfficers carrying out surveillance may carry service weapons unless the 'requested Participant' (our reading: the side into whose territory the surveillance continues) specifically decides otherwise; use is prohibited except in legitimate self-defence.
Arrangement 5, Arrangement 5, 3.4(c) · Surveillance and pursuit
“may carry their service weapons during the surveillance save where specifically otherwise decided by the requested Participant”
Not statedEntry into private homes and places not accessible to the public is prohibited during surveillance.
Arrangement 5, Arrangement 5, 3.4(d) · Surveillance and pursuit
“Entry into private homes and places not accessible to the public will be prohibited”
Not statedAuthorities carrying out surveillance may neither challenge nor arrest the person under surveillance.
Arrangement 5, Arrangement 5, 3.4(e) · Surveillance and pursuit
“may neither challenge nor arrest the person under surveillance”
Both waysEvery surveillance operation is reported to the competent authorities of Spain (where Gibraltar officers operated in Spain) and of the UK for Gibraltar (where Spanish officers operated in Gibraltar); officers may be required to appear in person.
Arrangement 5, Arrangement 5, 3.4(f) · Surveillance and pursuit
“to the competent authorities of Spain, where the operations by officers of the United Kingdom, in respect of Gibraltar, took place in Spain … to the competent authorities of the United Kingdom, in respect of Gibraltar, where the operations by officers of Spain took place in Gibraltar”
Both waysThe authorities of the officers who did the surveillance assist, when asked by the authorities of the other Participant, the enquiry after the operation, including judicial proceedings.
Arrangement 5, Arrangement 5, 3.4(g) · Surveillance and pursuit
“when so requested by the authorities of the other Participant, assist the enquiry subsequent to the operation”
Both waysCompetent authorities of the Participants pursuing a person caught in the act of an Annex 8 offence (or escaped from custody) may continue the pursuit in Gibraltar or Spain respectively, under Article 56 and paragraphs 5.1 to 6.4.
Arrangement 5, Arrangement 5, 4.1 · Surveillance and pursuit
“The competent authorities of the Participants who are pursuing an individual … may continue pursuit in Gibraltar or Spain respectively”
Both waysCompetent authorities intending to pursue into the territory of the other Participant inform its competent authorities, also by encrypted radio, no later than when entering, with route and reasons.
Arrangement 5, Arrangement 5, 5.1 · Surveillance and pursuit
“will inform, no later than when the requesting officers are about to enter Spain or Gibraltar … the competent authorities, of the other Participant”
Both waysCompetent authorities of the Participants engaged in pursuit give continuous updates on location and activity via the encrypted radio.
Arrangement 5, Arrangement 5, 5.2 · Surveillance and pursuit
“the competent authorities of the Participants engaged in these activities will provide continuous updates on location and activity”
Both waysIf the competent authorities of Spain or of the UK for Gibraltar decide to take over the pursuit, they communicate it and the initiating Participant's pursuit ceases.
Arrangement 5, Arrangement 5, 5.3 · Surveillance and pursuit
“Should the competent authorities of Spain, or the United Kingdom, in respect of Gibraltar, decide to take over the pursuit”
Not statedA pursuit is carried out under one of two procedures set by the declaration under 6.2: (a) pursuers have no right to apprehend; or (b) if no request to cease is made and local authorities cannot intervene quickly enough, pursuers may detain the person until the local authorities can identify or arrest.
Arrangement 5, Arrangement 5, 6.1 · Surveillance and pursuit
“The pursuit will be carried out in accordance with one of the following procedures, defined by the declaration”
Both waysEach Participant makes a declaration via the Working Group defining its pursuit procedure (6.1) for a pursuit in Spain or Gibraltar; either may replace it if not narrowing it; declarations follow consultation aiming at equivalent arrangements on both sides.
Arrangement 5, Arrangement 5, 6.2 · Surveillance and pursuit
“Each of the Participants will make a declaration via the Working Group … Either of the Participants may at any time replace its declaration … with a view to obtaining equivalent arrangements on both sides”
Not statedAt the request of the pursuing officers, the competent local authorities challenge the pursued person to establish identity or arrest.
Arrangement 5, Arrangement 5, 6.3 · Surveillance and pursuit
“the competent local authorities will challenge the pursued person”
Both waysPursuing officers must comply with the Arrangement and the law of Spain or the UK for Gibraltar in whose territory they operate, and obey the local competent authorities.
Arrangement 5, Arrangement 5, 6.4(a) · Surveillance and pursuit
“the law of Spain or the United Kingdom, in respect of Gibraltar, in whose territory they are operating, as the case may be”
Not statedEntry into private homes and places not accessible to the public is prohibited during pursuit.
Arrangement 5, Arrangement 5, 6.4(b) · Surveillance and pursuit
“Entry into private homes and places not accessible to the public will be prohibited”
Not statedPursuing officers must be easily identifiable by uniform, armband or vehicle markings; civilian clothes with unmarked vehicles is prohibited; they must be able to prove official capacity.
Arrangement 5, Arrangement 5, 6.4(c) · Surveillance and pursuit
“The pursuing officers will be easily identifiable”
Not statedPursuing officers may carry service weapons; use prohibited except in legitimate self-defence.
Arrangement 5, Arrangement 5, 6.4(d) · Surveillance and pursuit
“The pursuing officers may carry their service weapons”
Not statedIf the declaration permits apprehension, the apprehended person may only be subject to a security search, handcuffs during transfer, and seizure of objects.
Arrangement 5, Arrangement 5, 6.4(e) · Surveillance and pursuit
“that person may only be subjected to”
Both waysAfter each operation, pursuing officers appear before the competent authorities of Spain (where Gibraltar officers operated in Spain) or of the UK for Gibraltar (where Spanish officers operated in Gibraltar), report, and stay at their disposal on request.
Arrangement 5, Arrangement 5, 6.4(f) · Surveillance and pursuit
“before the competent authorities of Spain, where the operations by officers of the United Kingdom, in respect of Gibraltar, took place in Spain … before the competent authorities of the United Kingdom, in respect of Gibraltar, where the operations by officers of Spain took place in Gibraltar”
Both waysThe authorities of the pursuing officers assist, when asked by the authorities of the other Participant, the later enquiry including judicial proceedings.
Arrangement 5, Arrangement 5, 6.4(g) · Surveillance and pursuit
“when so requested by the authorities of the other Participant, assist the enquiry subsequent to the operation”
Both waysEither Participant may terminate the Arrangement by written notice through diplomatic channels.
Arrangement 5, Arrangement 5, 7.2 · Institutions and disputes
“Either Participant may terminate this Arrangement by written notification through diplomatic channels”
Both waysThe Participants decide the structure, content and format of forms and documents for the Protocol; in the interim, existing forms stay valid and are used to exchange information between the Participants.
Arrangement 6, Arrangement 6, Article 1a(1) · Social security
“The Participants will decide, in accordance with Article SSCI.4(1) of the Implementing Annex, the structure, content and”
Both waysThe document for a posted worker states entitlement to benefits in kind in Gibraltar where the stay is in Gibraltar, or in Spain where the stay is in Spain, on the same terms as locally insured persons.
Arrangement 6, Arrangement 6, Article 2(1) · Social security
“entitled to benefits in kind in Gibraltar, where the stay is in Gibraltar, or Spain, where the stay is in Spain”
One way: Spain/EU to GibraltarFor posted workers staying in Gibraltar, the document is a valid EHIC issued by the competent institution of Spain with the Spanish form on applicable legislation.
Arrangement 6, Arrangement 6, Article 2(2) · Social security
“In the case of posted workers staying in Gibraltar, this document will be a valid”
One way: Gibraltar to Spain/EUFor posted workers staying in Spain, the document is a certificate (letter) issued by the competent institution of the UK for Gibraltar, with the same data as an EHIC, with the Gibraltar form on applicable legislation.
Arrangement 6, Arrangement 6, Article 2(3) · Social security
“In the case of posted workers staying in Spain, this document will be a”
Not statedThe benefits in kind under SSC.17(2) are those provided in the place of stay, under its legislation, which are medically necessary to avoid being forced to return to Gibraltar or Spain before the planned end of stay.
Arrangement 6, Arrangement 6, Article 2(4) · Social security
“which are provided in the place of stay, in accordance with its legislation”
Both waysWhere a person is exempted from compulsory sickness insurance and so not covered by a scheme to which the Protocol applies, the institution of the other Participant is not responsible for costs of benefits solely because of the exemption.
Arrangement 6, Arrangement 6, Article 2a(1) · Social security
“the institution of the other Participant will not, solely because of this exemption, become responsible for bearing the costs of benefits”
One way: Spain/EU to GibraltarIn relation to Spain, Title III Chapter 1 benefits in kind (except SSC.17(2)) do not apply to persons entitled solely under a special scheme for civil servants; the UK for Gibraltar institution is not liable for their costs on those grounds alone.
Arrangement 6, Arrangement 6, Article 2a(2) · Social security
“In relation to Spain, the provisions of Title Ill, Chapter 1, of the Protocol relating to benefits in kind will not apply … The institution of the United Kingdom, in respect of Gibraltar, will not, on those grounds alone, become responsible”
Not statedWhere doctors at the place of residence do not issue incapacity certificates but the competent institution's legislation requires one, the person applies to the institution of the place of residence, which arranges the medical assessment and certificate and forwards it to the competent institution.
Arrangement 6, Arrangement 6, Article 3(3) · Social security
“That institution will immediately arrange for a medical assessment of the person's incapacity”
Not statedAt the request of the competent institution, the institution of the place of residence carries out administrative checks and medical examinations and forwards the examining doctor's report without delay.
Arrangement 6, Arrangement 6, Article 3(5) · Social security
“the institution of the place of residence will carry out any necessary administrative checks or medical examinations”
Not statedThe competent institution reserves the right to have the insured person examined by a doctor of its choice.
Arrangement 6, Arrangement 6, Article 3(6) · Social security
“will reserve the right to have the insured person examined by a doctor of its choice”
Not statedThe competent institution pays cash benefits directly to the person and, where necessary, informs the institution of the place of residence; if it refuses, it notifies the person and the institution of the place of residence at the same time.
Arrangement 6, Arrangement 6, Article 3(7) and (9) · Social security
“will pay the cash benefits directly to the person concerned and will, where necessary, inform the institution of the place of”
Both waysA certificate of incapacity drawn up in the place of residence has the same legal value as one drawn up in Spain or the UK for Gibraltar, whichever is competent.
Arrangement 6, Arrangement 6, Article 3(8) · Social security
“will have the same legal value as a certificate drawn up in Spain, or the United Kingdom, in respect of”
Both waysParagraphs 1 to 9 apply mutatis mutandis when the insured person stays in Spain when the UK for Gibraltar is competent, or in Gibraltar when Spain is competent.
Arrangement 6, Arrangement 6, Article 3(10) · Social security
“when the insured person stays in Spain when the United Kingdom, in respect of Gibraltar, is competent or in Gibraltar when Spain is competent”
Not statedThe Article 2 procedures apply mutatis mutandis to benefits at the place of stay for accidents at work and occupational diseases.
Arrangement 6, Arrangement 6, Article 4 · Social security
“the procedures defined in Article 2 of”
Both waysIf an accident at work or occupational disease first arises in Spain when Gibraltar is competent, or in Gibraltar when Spain is competent, the declaration is made under the law of the competent side and addressed to the competent institution.
Arrangement 6, Arrangement 6, Article 5(1) · Social security
“occurs or an occupational disease is diagnosed for the first time in Spain, when the United Kingdom, in respect of Gibraltar, is competent or in Gibraltar, when Spain is competent”
Both waysThe institution of Spain (for accidents or first diagnoses in Spain) or the institution of the UK for Gibraltar (for those in Gibraltar) notifies the competent institution of medical certificates drawn up there.
Arrangement 6, Arrangement 6, Article 5(2) · Social security
“The institution of Spain if the accident at work occurred or the occupational disease was first diagnosed in Spain, or the institution of the United Kingdom, in respect of Gibraltar”
Both waysFor an inquiry into a commuting accident in the territory of the other side, the competent institution may appoint a person, informing the authorities of the territory; the institutions cooperate and share reports.
Arrangement 6, Arrangement 6, Article 5(3) · Social security
“The institutions will cooperate with each other in order to assess all relevant information”
Not statedA detailed medical report on permanent consequences is sent on request of the competent institution; fees are paid at the rate of the place-of-residence or stay institution, charged to the competent institution.
Arrangement 6, Arrangement 6, Article 5(4) · Social security
“will be sent upon request of the competent”
Not statedAt the request of the institution of the place of residence or stay, the competent institution notifies it of the decision setting the date of recovery or stabilisation and any pension decision.
Arrangement 6, Arrangement 6, Article 5(5) · Social security
“the competent institution will notify it of the decision setting”
Not statedIf the competent institution disputes that a case is an accident at work or occupational disease, it informs without delay the institution of the place of residence or stay, and informs it again of any final decision.
Arrangement 6, Arrangement 6, Article 6(1)-(2) · Social security
“it will without delay inform the institution of the place of residence or stay which provided the benefits in kind”
Both waysThe declaration of an occupational disease goes to the competent institution of Spain or the UK for Gibraltar where the person last pursued the risk activity; if that institution finds the activity was last under the other Participant's law, it sends the file to that Participant's institution.
Arrangement 6, Arrangement 6, Article 7(1) · Social security
“it will send the declaration or notification, and all accompanying certificates, to the corresponding institution of that Participant”
Not statedWhere the institution of Spain or of the UK for Gibraltar, as last place of risk activity, finds the person does not meet its law's conditions, it sends the file and medical findings without delay to the corresponding institution of the other territory.
Arrangement 6, Arrangement 6, Article 7(2) · Social security
“that institution will send without delay the declaration or notification”
Both waysAfter an appeal against a refusal by the institution of Spain or the UK for Gibraltar, that institution informs the institution of the other territory to which the file was sent, and informs it of the final decision.
Arrangement 6, Arrangement 6, Article 8(1) · Social security
“that institution will inform the institution of the other territory to which the declaration or notification was sent”
Not statedThe institution to which the declaration was sent makes advance payments if the person is entitled under its law; the refusing institution reimburses them if the appeal obliges it to provide the benefits.
Arrangement 6, Arrangement 6, Article 8(2) · Social security
“that institution will make the advance payments”
Not statedThe claimant gives the institution of Spain or of the UK for Gibraltar details of benefits previously granted for the occupational disease; that institution may contact the previously competent institution.
Arrangement 6, Arrangement 6, Article 9 · Social security
“That institution may contact the previously competent institution in order to obtain the information it”
Both waysOn request by the competent institution of the other place, the institution (of Spain or of the UK for Gibraltar) provides information on earlier or later incapacity and whether it came from an accident at work.
Arrangement 6, Arrangement 6, Article 10(a) · Social security
“upon request by the competent institution of the other place, provide”
Both waysA person (or survivors) residing in the territory of the other place claims a pension or supplementary allowance from the competent institution or from the institution of the place of residence, which sends it to the competent institution.
Arrangement 6, Arrangement 6, Article 11(1) · Social security
“residing in the territory of the other place will submit”
One way: Spain/EU to GibraltarIn relation to Spain, Title III Chapter 2 benefits in kind (except SSC.28(2)) do not apply to persons entitled solely under a special scheme for civil servants; the UK for Gibraltar institution is not liable on those grounds alone.
Arrangement 6, Arrangement 6, Article 12 · Social security
“In relation to Spain, the provisions of Title Ill, Chapter 2, of the Protocol relating”
Both waysFor type A legislation, the claimant submits the claim to the institution of Spain or the UK for Gibraltar whose law applied when the incapacity arose, or to the place-of-residence institution, which forwards it.
Arrangement 6, Arrangement 6, Article 13(1) · Social security
“to the institution of Spain, or the United Kingdom, in respect of Gibraltar, whose”
Not statedIn the case of SSC.39(1), the institution with which the person was last insured informs the institution which initially paid the benefits of the amount and date of commencement of benefits.
Arrangement 6, Arrangement 6, Article 13(3) · Social security
“will inform the institution”
Not statedIf the person was never subject to the law applied by the place-of-residence institution, that institution forwards the claim to the institution of the last place whose law applied.
Arrangement 6, Arrangement 6, Article 13(4) · Social security
“that institution will forward the claim to”
Not statedThe contact institution promotes the exchange of data, communication of decisions and operations needed to investigate a claim by the institutions concerned, and gives the claimant information on cross-border aspects.
Arrangement 6, Arrangement 6, Article 15(1) · Social security
“promote the exchange of data, the communication of decisions”
Not statedThe contact institution sends the claim and documents without delay to the other institution so both start together, and notifies it of periods of insurance or residence.
Arrangement 6, Arrangement 6, Article 15(3) · Social security
“will, without delay, send claims for benefits and all”
Not statedThe other institution notifies the contact institution of its insurance/residence periods, its decision, the amount due and other information needed, and tells it if certain Protocol provisions apply.
Arrangement 6, Arrangement 6, Article 15(4)-(6) · Social security
“The other institution in question will notify the contact institution, as soon”
Not statedEach institution notifies the claimant of its decision; the contact institution sends a summary of the decisions to the claimant and to the other institution concerned.
Arrangement 6, Arrangement 6, Article 16(1) · Social security
“it will send to the claimant and the other institution concerned a summary of those”
Both waysIf the claimant considers that decisions taken by the institutions of Spain and of the UK for Gibraltar interact to their detriment, they have the right to a review by those institutions within the national time limits.
Arrangement 6, Arrangement 6, Article 16(2) · Social security
“the interaction of decisions taken by the institutions of Spain and the United Kingdom, in respect of Gibraltar”
Not statedWhere SSC.38(3) applies, only the contact institution decides the degree of invalidity and notifies the other institution; if the other criteria are not met it informs the competent institution of the other place, which may then decide.
Arrangement 6, Arrangement 6, Article 17(1)-(3) · Social security
“It will without delay notify the other institution”
Both waysThe institution of a Participant takes into account documents, medical reports and administrative information collected by the institution of the other Participant as if drawn up in its own territory.
Arrangement 6, Arrangement 6, Article 17(4) · Social security
“the institution of a Participant will take into consideration documents, medical reports and administrative”
Not statedWhere benefit is recalculated, withdrawn or suspended, the deciding institution informs the person and the other institution in respect of which the person has an entitlement.
Arrangement 6, Arrangement 6, Article 19(2) · Social security
“will inform the person concerned”
Both waysInstitutions to whose law a person has been subject exchange with or make available to institutions of the other Participant identification elements and, in advance of pension age, information on pension entitlements.
Arrangement 6, Arrangement 6, Article 20 · Social security
“exchange with or make available to institutions of the other”
Both waysThe competent institution, at the request of the place-of-residence institution, immediately informs it of circumstances affecting entitlement to supplementary unemployment benefits, including the amount awarded and whether the person found work or became self-employed.
Arrangement 6, Arrangement 6, Article 22(1) · Social security
“mutual exchange of information between the competent institutions of Spain and the United Kingdom, in respect of”
Both waysUnder SSCI.29, the competent institution, at the request of the place-of-residence institution, immediately informs it of circumstances affecting the grant or keeping of the right to supplementary benefits.
Arrangement 6, Arrangement 6, Article 22(2) · Social security
“mutual exchange of information between the competent institutions of Spain and the United Kingdom, in respect of Gibraltar, the competent institution”
Not statedFor the supplementary benefit, the competent institution gives information on period, amount and status of the benefit, whether insurance periods were aggregated, and whether the unemployed person found work or became self-employed within its jurisdiction.
Arrangement 6, Arrangement 6, Article 22(3)-(4) · Social security
“the competent institution will provide information on the period, amount”
Not statedReimbursement for benefits in kind at the place of work or stay is on actual expenditure; for benefits in kind at the place of residence it is by lump sums.
Arrangement 6, Arrangement 6, Article 22a · Social security
“will be determined and effected on the basis of actual expenditure”
Not statedThe competent institution reimburses actual healthcare costs to the institution which provided the care, using no rates higher than those for its own insured.
Arrangement 6, Arrangement 6, Article 23(1)-(2) · Social security
“The competent institution will reimburse the amount of healthcare costs”
Not statedThe cost of healthcare for pensioners and their families residing in a Participant other than the competent one is reimbursed by the competent institution to the providing institution by an annual lump sum close to actual expenditure.
Arrangement 6, Arrangement 6, Article 24(1) · Social security
“residing in a Participant other than the competent one will be”
Not statedThe institution of the place of residence keeps a register of months, based on supporting documents provided by the competent institution, used for the lump-sum count.
Arrangement 6, Arrangement 6, Article 24(5) · Social security
“on the basis of a register kept for that purpose by the institution of the place of residence”
Both waysEach Participant notifies the Working Group of the average annual cost per person per age category no later than the end of the second year after the year concerned.
Arrangement 6, Arrangement 6, Article 24(6) · Social security
“Each Participant will notify the Working Group of the average annual cost”
Not statedClaims on actual expenditure go to the liaison body of the debtor Participant within 12 months; the debtor Participant pays advances of 90% of the claims within six months.
Arrangement 6, Arrangement 6, Article 25(1) and (3) · Social security
“submitted to the liaison body of the debtor Participant”
Not statedClaims are paid by the debtor institution to the liaison body of the creditor Participant within 18 months from the end of the month of submission, except claims rejected for a valid reason.
Arrangement 6, Arrangement 6, Article 25(4) · Social security
“Claims will be paid by the debtor institution to the liaison body of the”
Both waysEach liaison body makes an advance payment of 90% of the lump-sum calculation within six months of receiving the inventory.
Arrangement 6, Arrangement 6, Article 25(7) · Social security
“Each liaison body will make an advance payment within six months”
Not statedThe debtor Participant acknowledges electronically, within two months, receipt of a claim notified by the creditor Participant.
Arrangement 6, Arrangement 6, Article 25(10) · Social security
“The debtor Participant will acknowledge electronically receipt of the claim”
Both waysOn a reasoned request from one of the Participants, the Working Group gives an advisory opinion on a claim dispute within six months.
Arrangement 6, Arrangement 6, Article 25(12) · Social security
“Upon a reasoned request from one of the Participants”
Not statedFrom the end of the payment period, the creditor Participant may apply interest to the unpaid amount.
Arrangement 6, Arrangement 6, Article 25(13) · Social security
“the creditor Participant may apply interest to the amount due”
Both waysThe Participants may jointly decide that further or different arrangements on Title VI are necessary, for example if the UK-Spain 1999 and 2009 reimbursement agreements change.
Arrangement 6, Arrangement 6, Article 25(15) · Social security
“The Participants may jointly decide that further or different arrangements”
Both waysThe Participants jointly determine the claims situation each year on information from the liaison bodies; the liaison bodies notify each other of amounts of claims submitted, settled, disputed, received or paid.
Arrangement 6, Arrangement 6, Article 26(1)-(2) · Social security
“the liaison bodies will notify each other”
Not statedThe Working Group reviews the liaison bodies' information, may carry out technical checks of the statistical and accounting data, and reports to the Participants without decision-making authority.
Arrangement 6, Arrangement 6, Article 26(4) · Social security
“may carry out such technical checks as are necessary to verify”
Both waysEach Participant has an equal number of members in the Social Security Working Group and informs the other Participant of members and changes.
Arrangement 6, Arrangement 6, Article 26a(2) · Social security
“Each Participant will have an equal number of members in the Working”
Not statedThe Working Group facilitates the settlement of accounts and adopts the annual accounts between the institutions of the Participants.
Arrangement 6, Arrangement 6, Article 26a(3)(c) · Social security
“facilitate the settlement of accounts and adopt the annual accounts”
Not statedThe Working Group may inform the EU-UK treaty committee on Circulation of Persons of any differences between the Participants not resolved by consultation, without prejudice to the dispute settlement provisions of the treaty.
Arrangement 6, Arrangement 6, Article 26a(4) · Social security
“may inform the Specialised Committee on Circulation”
Not statedIf one institution has paid undue benefits, it may ask the other institution paying benefits to the person to deduct the undue amount from arrears or ongoing payments, and that institution deducts and transfers the amount.
Arrangement 6, Arrangement 6, Article 27(1) · Social security
“request the other institution responsible for paying benefits to the person”
Not statedFor invalidity, old-age and survivors' pensions, an institution which paid benefits not due may ask the other institution to deduct the overpayment from arrears; it communicates the amount within two months and the other transfers it.
Arrangement 6, Arrangement 6, Article 27(2) · Social security
“that institution may request the other institution for the payment of”
Both waysWhere a person received social welfare assistance in Gibraltar while entitled to benefits under Spanish law, or in Spain while entitled under Gibraltar law, the paying body may ask the paying institution to deduct and transfer the amount.
Arrangement 6, Arrangement 6, Article 27(3) · Social security
“in Gibraltar during a period in which he was entitled to benefits under the legislation of Spain … in Spain during a period in which he was entitled to benefits under the legislation of the United Kingdom, in respect of Gibraltar”
Both waysThe Participants adopt arrangements to ensure offsetting between the institutions of the UK for Gibraltar and Spain, or recovery against the person, and amend the Arrangement under Article 30(3).
Arrangement 6, Arrangement 6, Article 27a · Social security
“offsetting either between the institutions of the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain”
Both waysThe Participants notify each other of their liaison bodies and competent institutions.
Arrangement 6, Arrangement 6, Article 28(1) · Social security
“The Participants will notify each other of the liaison bodies”
Not statedThe competent authorities compile statistics on the application of the Protocol, the Implementing Annex and this Arrangement and transmit them to the EU-UK treaty committee on Circulation of Persons.
Arrangement 6, Arrangement 6, Article 29(1) · Social security
“will compile statistics on the application of the”
Both waysEither Participant may terminate the Arrangement by written notice through diplomatic channels; it ends on the first day of the twelfth month after notice.
Arrangement 6, Arrangement 6, Article 30(2) · Institutions and disputes
“Either Participant may terminate this Arrangement by written notification”
Both waysSpanish and Gibraltar customs authorities must work the same hours so controls and information exchange can be coordinated.
Arrangement 7, Arrangement 7, Movement of goods (introduction), unnumbered paragraph before Section 1 · Customs
“the customs authorities of Spain and of the United Kingdom, in respect of Gibraltar, carry out their activities within the same working”
One way: Gibraltar to Spain/EUThe customs office of destination (in Gibraltar) sends arrival notification, transit-control results and destination messages to the Spanish office through the web service.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 2.1 · Customs
“The customs office of destination will send the following messages”
One way: Gibraltar to Spain/EUDischarge of the T2GI transit needs a further message from Gibraltar customs giving the tax levy reference or special-procedure inclusion.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 2.1.2 · Customs
“Discharge will require the sending by the Gibraltar customs authorities of a subsequent message”
One way: Gibraltar to Spain/EUGibraltar customs inform the Spanish customs post in real time, case by case, when goods enter a special customs procedure for tax purposes.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 2.1.3 · Customs
“the Gibraltar customs authorities will inform the DCP in”
Not statedProof that indirect taxes were levied in Gibraltar is sent monthly through the web service.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 2.1.4 · Customs
“proof that indirect taxes have been levied in Gibraltar will be sent”
One way: Spain/EU to GibraltarThe customs office of departure (a Spanish DCP) sends the Gibraltar office a status request when no arrival notification arrives.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 3.1.2 · Customs
“The customs office of departure will send a message to the customs office of destination requesting information on the status of the T2GI”
Both waysWhere proof is submitted, the departure office informs the destination office within 14 days; the destination office then accepts or rejects and notifies the departure office.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 3.1.3 · Customs
“the customs office of departure will inform the customs office of destination within 14 … reject the proof and inform the customs office of departure”
One way: Gibraltar to Spain/EUGibraltar authorities contact the Spanish DCP about irregularities in handling goods that arrived without irregularity, so the DCP can update its records.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 4.1 · Customs
“The authorities of the United Kingdom, in respect of Gibraltar, will contact the DCP so that the latter can take this into account in its records”
Not statedEU goods may enter via Gibraltar port if a T2GI is lodged at the Algeciras DCP and discharged within two hours of leaving Algeciras.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 4.2 (number garbled in OCR) · Customs
“provided that a T2GI is lodged via the NCTS at the Algeciras DCP”
Not statedA message giving net mass and the T2GI references for goods leaving a special tax regime is sent in real time through the web service.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 5.1 · Customs
“A corresponding message will be sent in real time via the relevant Web Service”
One way: Spain/EU to GibraltarFor supplies of vessels and aircraft, presentation of goods takes place at the Gibraltar airport or port facilities agreed by the Spanish DCP.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 5.2 · Customs
“presentation will take place at the airport or port facilities in Gibraltar agreed by the DCP”
One way: Gibraltar to Spain/EUIn cases (b) and (c) Gibraltar customs assess and collect VAT and excise duty on behalf of Spain, treated as irregular entry into the EU.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 7.2 · Customs
“the customs authorities of the United Kingdom, in respect of Gibraltar, will assess and collect VAT and excise duties on behalf of Spain”
One way: Spain/EU to GibraltarThe Spanish DCP records the situation and tells Gibraltar by email the tax rates and tax concepts to apply.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 7.2.1 · Customs
“The DCP will record the situation in the register and inform the United Kingdom, in respect of Gibraltar via email”
One way: Gibraltar to Spain/EUGibraltar transfers the assessed amounts within two months to the Spanish account, with taxpayer, amount, assessment, tax concept and T2GI details.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 7.2.2 · Taxation
“will transfer the amounts assessed within a … maximum period of two months to the designated Spanish”
One way: Gibraltar to Spain/EUIf the transfer is late, Gibraltar justifies the delay and this is communicated to the Spanish DCP for the register.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 7.2.3 · Taxation
“Gibraltar will justify the delay, which will be communicated to the DCP”
Not statedIf no transfer is received in time, this is reported to the Working Group and then, if needed, to the EU-UK treaty committee on economy and trade.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 7.2.4 · Institutions and disputes
“this circumstance will be reported to the Working Group and subsequently, if necessary, to the Specialised Committee on”
One way: Gibraltar to Spain/EUWhere an operator is entitled to repayment, Gibraltar customs submit the evidence (court or administrative decision) for the right.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 7.2.5 · Taxation
“the customs authorities of the United Kingdom, in respect of Gibraltar, will submit the appropriate evidence recognising that right”
Not statedAfter verification, the requested amounts are refunded to the account of Gibraltar customs, which then refunds operators.
Arrangement 7, Arrangement 7, Movement of goods, Section 1, para 7.2.6 · Taxation
“the requested amounts will be refunded to the account of the customs authorities of the United Kingdom, in respect of Gibraltar”
One way: Gibraltar to Spain/EUFor goods leaving a special procedure and released onto the Gibraltar market, Gibraltar must give the Spanish DCP proof of assessment and payment of the transaction tax.
Arrangement 7, Arrangement 7, Movement of goods, Section 2, para 2.2 (release in Gibraltar market) · Customs
“which will require the United Kingdom, in respect of Gibraltar, to submit to the DCP proof of”
One way: Spain/EU to GibraltarThe Spanish DCP communicates the calculation details for indirect taxation to Gibraltar through the web service.
Arrangement 7, Arrangement 7, Movement of goods, Section 2, para 2.2 (release in Gibraltar market) · Customs
“The DCP will communicate the calculation details for indirect taxation to the United Kingdom, in respect of Gibraltar, via Web”
Not statedRe-export from Gibraltar port without prior T1GI: goods are presented not at the DCP but at a maritime location in Gibraltar port agreed with the DCP.
Arrangement 7, Arrangement 7, Movement of goods, Section 2, para 2.2 (re-export from Gibraltar port) · Customs
“but at a maritime location at the port of Gibraltar agreed with”
One way: Gibraltar to Spain/EUGibraltar submits to the Spanish DCP proof of placement, the destruction agreement and a waste operator's evidence.
Arrangement 7, Arrangement 7, Movement of goods, Section 2, para 2.2 (destruction) · Customs
“in which case United Kingdom, in respect of Gibraltar, will submit proof to the DCP of placement”
One way: Spain/EU to GibraltarThe Spanish DCP notifies Gibraltar customs by email of a failure to discharge a special procedure so they can assess and collect transaction tax and excise duty.
Arrangement 7, Arrangement 7, Movement of goods, Section 2, para 3.2(b) · Customs
“The DCP will notify via email the customs authorities of the United Kingdom, in respect of Gibraltar, of that circumstance”
Both waysOral declarations for professional equipment are accompanied by a supporting document stamped by Spain and Gibraltar.
Arrangement 7, Arrangement 7, Movement of goods, Section 3 (professional equipment), para 4.1.4 · Customs
“and stamped by Spain and Gibraltar”
One way: Gibraltar to Spain/EUFor temporary admission under an ATA Carnet, Gibraltar stamps or scans the temporary import movement.
Arrangement 7, Arrangement 7, Movement of goods, Section 3 (professional equipment), para 4.1.5 · Customs
“in which case the United Kingdom, in respect of Gibraltar, will stamp or scan the temporary import movement”
One way: Spain/EU to GibraltarWhere an ATA Carnet covers the movement, the Spanish DCP stamps or scans the QR code for reimportation.
Arrangement 7, Arrangement 7, Movement of goods, Section 3 (professional equipment), para 4.1.9 · Customs
“the DCP will stamp or scan the QR code relating to the reimportation”
One way: Gibraltar to Spain/EUGibraltar has its own system able to reach the EU NCTS through Spain's NCTS system.
Arrangement 7, Arrangement 7, Access to IT systems, para 3 (numbering taken from the Spanish text; the English OCR omits it) · Customs
“has a system in place able to access the Union NCTS via the Spain's NCTS system”
Both waysSpain and Gibraltar each receive NCTS messages and communicate with one another system to system to manage transit movements.
Arrangement 7, Arrangement 7, Access to IT systems, para 4 · Customs
“both the Spain and the United Kingdom, in respect of Gibraltar, … communicate with one another, system-to-system”
One way: Spain/EU to GibraltarSpain provides the digital certificate for the secure connection and Gibraltar is assigned a valid identifier in the Spanish system.
Arrangement 7, Arrangement 7, Access to IT systems, para 5 · Customs
“Spain will provide the digital”
One way: Spain/EU to GibraltarSpain acts as service provider in both directions and makes an inbox available to Gibraltar for communications addressed to it.
Arrangement 7, Arrangement 7, Access to IT systems, para 6 · Customs
“in which Spain acts, in both directions, as the service provider, and makes available to Gibraltar an inbox infrastructure”
Both waysSpain and Gibraltar each run their own systems and exchange information on the progress of each movement after receipt of the transit.
Arrangement 7, Arrangement 7, Access to IT systems, para 8 · Customs
“Both Spain and United Kingdom, in respect of Gibraltar, operate their own … they will exchange information concerning its progress”
One way: Spain/EU to GibraltarUser IDs or equivalent procedures are supplied to Spain for real-time access to Gibraltar's port, airport and taxation systems.
Arrangement 7, Arrangement 7, Access to IT systems, para 9 · Customs
“real-time access to the United Kingdom, in respect of Gibraltar, … user IDs or equivalent procedures shall be supplied to Spain”
Both waysSpain and Gibraltar review within 12 months the efficiency of Gibraltar's access to EU systems and of Spain's access to Gibraltar's systems.
Arrangement 7, Arrangement 7, Access to IT systems, para 11 · Customs
“Spain and the United Kingdom, in respect of Gibraltar will review the … access by the UK in respect of Gibraltar to the Union systems”
One way: Spain/EU to GibraltarActions and measures during joint visits are carried out by Gibraltar's customs authorities, including supervision of special-procedure operators in Gibraltar.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 2.2 · Customs
“will be carried out by the customs authorities of the United Kingdom, in respect of Gibraltar”
Both waysThe Participants exchange necessary information, including contact details and the designated competent services.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 2.3 · Customs
“the Participants will exchange the necessary information”
One way: Spain/EU to GibraltarSpain's competent authorities may visit authorised tobacco excise warehouses in Gibraltar when needed for investigations, on prior justification of evidence of fraud.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 3.1 · Tobacco
“The competent authorities of Spain in excise duties and fight against smuggling of tobacco, may carry out visits to the facilities of authorised excise warehouses”
One way: Gibraltar to Spain/EUDuring such visits Gibraltar makes online customs and excise documents on the tobacco warehouses available in real time.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 3.2.1 · Tobacco
“which the competent authorities of the United Kingdom, in respect of Gibraltar, will make available in real time”
One way: Spain/EU to GibraltarSpain's customs and excise authorities have continuous real-time online access to the information in Annex 22, Article 2(2) of the treaty.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 4.1 · Customs
“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”
One way: Spain/EU to GibraltarSpain accesses the real-time information via specific user profiles on systems run by port or airport concessionaires, carriers or Gibraltar customs.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 4.3 · Customs
“access by the customs and excise authorities of Spain, via specific user profiles”
Not statedIf systems fail, available information is sent by email to the designated mailbox at least 24 hours before a vessel or aircraft arrives or leaves.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 4.4 · Customs
“information that is nevertheless available will be provided by email to the designated mailbox”
One way: Gibraltar to Spain/EUGibraltar customs must specify case by case how information is exchanged and where it can be accessed; user profiles are provided for Spanish authorities.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 4.5 · Customs
“the customs authority of the United Kingdom, in respect of Gibraltar, must specify, on a case-by-case basis, the method of information”
One way: Spain/EU to GibraltarSpain's customs have continuous real-time online access to Gibraltar's electronic system on previous checks of crew and passengers of ships and aircraft.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 5.1 · Customs
“authorities of Spain will have continuous real-time online access via the specific electronic system provided by the competent authorities of the United Kingdom, in respect of Gibraltar”
Not statedInformation on measures and sanctions taken after a joint visit is exchanged by email to designated mailboxes.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 5.3 · Customs
“following the findings of a joint visit, will be exchanged by email to the designated mailboxes”
One way: Spain/EU to GibraltarSpain's competent authorities send a notification to Gibraltar's customs authority to carry out a joint inspection in Gibraltar where a risk to the EU internal market for goods has been identified.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 6.1 · Customs
“The competent authorities of Spain will submit a notification to the customs authority of the United Kingdom, in respect of Gibraltar”
One way: Spain/EU to GibraltarDuring joint visits Spain asks Gibraltar's authorities to carry out the relevant actions and Gibraltar proceeds as requested.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 6.2.1 · Customs
“request the competent authorities of the UK, in respect of Gibraltar … the competent authorities of the UK will proceed as requested”
One way: Spain/EU to GibraltarSpain asks Gibraltar's customs for logistical support or perimeter security to ensure customs surveillance of goods.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 6.2.2 · Customs
“request the intervention of the customs authorities of the United Kingdom, in respect of Gibraltar, to ensure that the latter provide”
One way: Spain/EU to GibraltarGibraltar's authorities ensure Spain's authorities can accompany them to the aircraft, ships and facilities, give logistical support and guarantee site security.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 6.3.1 · Customs
“ensure that the competent authorities of Spain can accompany them to the relevant aircraft, ships, infrastructures and facilities”
One way: Spain/EU to GibraltarAs a consequence of joint visits Spain's customs authorities adopt all customs measures and decisions on goods, ships and aircraft under EU customs control and on authorisations they granted.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 6.4.1 · Customs
“the customs authorities of Spain will adopt all measures or customs decisions in relation to the goods, ships and aircraft under Union customs control”
One way: Gibraltar to Spain/EUGibraltar's authorities adopt measures and penalties against non-compliant operators and inform Spain's customs authorities (Annex 22 Art. 3(2)).
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 6.4.2 · Customs
“the authorities of the United Kingdom, in respect of Gibraltar, … inform the customs authorities of Spain in accordance with Article 3(2) of Annex 22”
Not statedPrior notification is always required for joint visits on ships and aircraft and is given with sufficient notice.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 7.2 · Customs
“prior notification will always be required and will be given with sufficient advance notice”
Not statedJoint visits on special-procedure operations are carried out with prior notice to Gibraltar customs, except imminent risk, when notice goes as soon as possible and before the visit.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 8.1 · Customs
“will always be carried out with prior notice to the customs authorities of the United Kingdom, in respect of Gibraltar”
One way: Spain/EU to GibraltarWhere Annex 22 Art. 1(1) conditions are met, Gibraltar customs make themselves available so the visit can be carried out jointly with Spain's customs without delay.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 8.2 · Customs
“the customs authorities of the United Kingdom, in respect of Gibraltar, will make themselves available so that the visit may be”
Not statedAll information exchanges and communications on joint visits are in writing and electronic, through IT access or email to designated mailboxes, with acknowledgement.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 9.1 · Customs
“All information exchanges and communications relating to joint visits will be carried out in writing”
Both waysContact details such as telephone numbers and emails are exchanged between the Participants.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 9.3 · Customs
“will be exchanged between the Participants”
Not statedContinuous real-time online access to the Annex 22 Art. 2(2) information is provided to Spain's customs authorities via the Yacht Portal, Port Portal and email notifications.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 10.2 · Customs
“will be provided to the customs authorities of Spain in the following ways”
One way: Spain/EU to GibraltarSpain's customs authorities have continuous real-time online access to post-event information and to measures and penalties imposed by Gibraltar after a joint visit, via Gibraltar's systems, or monthly by email.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 10.4 · Customs
“the continuous real-time online access by the customs authorities of Spain to the information set out in Article 2(2)(d) of Annex 22”
One way: Spain/EU to GibraltarSpain's customs authorities send Gibraltar's competent authorities a notification for a joint visit in good time, depending on imminent risk and the actions needed.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 11.1 · Customs
“The customs authorities of Spain will submit a notification to the competent authorities of the United Kingdom, in respect of Gibraltar, for”
Not statedFor supervision of standard authorisations (inward processing, customs warehousing, temporary admission) the joint-visit notification is sent at least one week ahead if there is no imminent risk.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 11.2 · Customs
“the notification will be sent, at least, one week prior to the scheduled date”
Not statedFor other joint visits the notification is sent at least two hours before the scheduled visit.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 11.3 · Customs
“the notification will be sent, at least, two hours prior to the scheduled visit”
Not statedWith imminent risk of non-compliance the notification may be given verbally at once, but before the visit, then confirmed in writing.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 11.4 · Customs
“the notification may be transmitted verbally as soon as the risk is known”
One way: Spain/EU to GibraltarGibraltar's customs authorities will in general be ready for a joint visit at the time Spain's customs authorities request, and must respond before the estimated date.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 11.5 · Customs
“the customs authorities of the United Kingdom, in respect of Gibraltar will be ready to carry out a joint visit at the time”
Not statedDuring a joint visit the goods, ships or aircraft concerned may not enter the EU customs territory or otherwise leave Gibraltar's customs territory.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 11.6 · Customs
“may not enter the customs territory of the EU or otherwise leave the customs territory of Gibraltar”
Both waysBefore a joint visit the Participants' customs authorities meet at the Second Line Checks Area of the airport.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 11.7 (meeting) · Customs
“the customs authorities of the Participants will meet at the Second Line Checks Area of the airport”
One way: Spain/EU to GibraltarThe authorities travel to the visit location in vehicles provided by Gibraltar's customs authorities.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 11.7 (vehicles) · Customs
“in vehicles provided by the customs authorities of the United Kingdom, in respect of Gibraltar”
One way: Spain/EU to GibraltarSpain's officers taking part in joint visits wear civilian clothes, are suitably identified and carry no service weapons.
Arrangement 7, Arrangement 7, Joint visits and information exchange, para 11.8 · Customs
“Officers of the competent authorities of Spain participating in joint visits will be in civilian clothes but suitably identified … They will not carry service weapons”
Both waysTravellers are checked at random or by risk profile by the competent authority, either Spain's customs authorities or Gibraltar's.
Arrangement 7, Arrangement 7, Travellers, para 3.1 · Customs
“the competent authority which will be either the customs authorities of Spain or the customs authorities of the United Kingdom, in respect of Gibraltar”
Not statedThe competent authority is the customs authority of the place of destination on arrival and of provenance on departure, for checks and cash declarations.
Arrangement 7, Arrangement 7, Travellers, para 3.2 · Customs
“The competent authority will be the customs authorities of the place of destination (on arrival) and the place of provenance (on departure) of the traveller”
Both waysDeclarations on goods over allowances go to Spain's customs authorities, except where travellers enter Gibraltar by land, when they go to Gibraltar's customs authorities.
Arrangement 7, Arrangement 7, Travellers, para 3.3 · Customs
“be made to the customs authorities of Spain other than in cases where travellers enter Gibraltar by land … such declarations will be made to the customs authorities of the United Kingdom, in respect of Gibraltar”
One way: Spain/EU to GibraltarSpain's customs authorities calculate and collect EU customs duties on travellers, including those bound for Gibraltar (accounted under Annex 21).
Arrangement 7, Arrangement 7, Travellers, para 3.4 · Customs
“customs authorities of Spain will be responsible for the calculation and the”
Both waysSpain's or Gibraltar's competent authorities, as the case may be, carry out any follow-up action, in the restricted areas of the Second Line Checks Area.
Arrangement 7, Arrangement 7, Travellers, para 3.5 · Customs
“The competent authorities of Spain or the competent authorities of the United Kingdom, in respect of Gibraltar, will be responsible, as the case may be”
Not statedNon-commercial goods carried by travellers arriving in Gibraltar from outside the EU by sea or air are exempt from EU duties and indirect taxes within the thresholds.
Arrangement 7, Arrangement 7, Travellers, para 4.1.1 · Customs
“will be exempt from the obligation to pay EU customs duties and indirect taxes provided”
Both waysFor travellers arriving in Gibraltar from the EU, Spain's customs do not apply EU thresholds to Spain-bound travellers; Gibraltar's apply Gibraltar thresholds only until Art. 18(b) measures.
Arrangement 7, Arrangement 7, Travellers, paras 4.1.2 and 4.1.3 · Customs
“The customs authorities of Spain will, with respect to travellers arriving in Gibraltar from within the customs territory of the Union … The customs authorities of the United Kingdom, in respect to Gibraltar, will, with respect to travellers arriving in Gibraltar from within the customs territory of the Union”
Both waysFor land crossings, Spain's customs apply EU thresholds to arrivals from Gibraltar until Art. 18(a) measures, and Gibraltar's apply Gibraltar thresholds to arrivals from Spain until Art. 18(b) measures, without obstructing flow.
Arrangement 7, Arrangement 7, Travellers, paras 4.2.1 and 4.2.2 · Customs
“The customs authorities of Spain will, with respect to travellers entering Spain from Gibraltar by land … The customs authorities of the United Kingdom, in respect to Gibraltar, will, with respect to travellers entering Gibraltar from Spain by land”
Both waysIndirect taxes on over-allowance non-commercial goods are assessed and collected by Spain's or Gibraltar's customs authorities respectively, by traveller destination.
Arrangement 7, Arrangement 7, Travellers, para 4.3.1(a)(iii) · Customs
“collected by the customs authorities of Spain or the customs authorities of the United Kingdom, in respect of Gibraltar, respectively”
Not statedCommercial goods carried by travellers who enter or exit Gibraltar by sea or air are seized and may be re-exported, abandoned to the treasury or destroyed; they cannot be regularised under Annex 19 or 21.
Arrangement 7, Arrangement 7, Travellers, para 4.3.1(b)(ii) · Customs
“such goods will be seized and may be”
One way: Spain/EU to GibraltarSpain's customs authorities grant VAT refunds to travellers from Spain or the EU leaving the EU through Gibraltar, processed at the counter in the Second Line Checks Area.
Arrangement 7, Arrangement 7, Travellers, para 4.4.2 · Customs
“The customs authorities of Spain will grant a VAT refund to travellers … The customs authorities of Spain will process that refund at the counter referred to in paragraph 6.2”
One way: Spain/EU to GibraltarCash declarations go to Spain's customs authorities for travellers entering Spain right after arriving in Gibraltar from outside the EU by air or sea, or exiting Gibraltar to outside the EU right after entering from Spain.
Arrangement 7, Arrangement 7, Travellers, para 4.5.2 · Customs
“The declaration will be made to the customs authorities of Spain”
Both waysFor cash carried by land, a declaration is made on exit from Spain to Spain's customs and then on entry to Gibraltar's customs, and the same in reverse.
Arrangement 7, Arrangement 7, Travellers, para 4.5.5 · Customs
“on exit from Spain to Gibraltar to the customs authorities of Spain … on exit from Gibraltar to Spain to the customs authorities of the United Kingdom, in respect of Gibraltar”
Both waysChecks on food, plants, pets, prohibitions and sanctions follow national law when done by Spain's customs and Gibraltar law when done by Gibraltar's customs.
Arrangement 7, Arrangement 7, Travellers, para 5.2 and 5.3 · Customs
“Where checks and controls are carried out by the customs authorities of Spain, they will be carried out in accordance with national legislation … Where checks and controls are carried out by the customs authorities of the United Kingdom, in respect of Gibraltar, they will be carried out in”
Both waysThe Participants' customs authorities act in a coordinated manner and during the same hours within the Second Line Checks Area.
Arrangement 7, Arrangement 7, Travellers, para 6.1 · Customs
“The customs authorities of the Participants will, when carrying out the checks and controls described in this Administrative Arrangement, operate in a coordinated manner”
Both waysSpain's customs establish the Annex 23 Art. 22(2) counter in the Second Line Checks Area; Gibraltar's customs also establish a counter in the same area, side by side.
Arrangement 7, Arrangement 7, Travellers, para 6.2 · Customs
“The customs authorities of Spain will establish the counter referred to in Article 22(2) of Annex 23 of the Agreement in that area … the customs authorities of the United Kingdom, in respect of Gibraltar, will also establish a counter in the same area”
One way: Spain/EU to GibraltarWhere Spain's customs must be present in Gibraltar's port for first line checks (conditions of Art. 29(3) not met), they notify Gibraltar's customs in advance, if possible in writing.
Arrangement 7, Arrangement 7, Travellers, para 6.4 (notification of presence) · Customs
“customs authorities of Spain to be present in the port to carry out first line … checks and controls, they will notify the customs authorities of the United Kingdom, in respect of Gibraltar, in advance”
One way: Spain/EU to GibraltarWhen Spanish customs officers are in Gibraltar's port they stay in designated areas, wear civilian clothes, are suitably identified and carry no service weapons.
Arrangement 7, Arrangement 7, Travellers, para 6.4 (conduct of officers in the port) · Customs
“when officers of the customs authorities of Spain are in the port, they will be in areas designated for these purposes … They will be in civilian clothes but suitably identified and they will not carry service weapons”
One way: Spain/EU to GibraltarGibraltar's authorities escort Spain's customs officers to and from the port and accompany them while there.
Arrangement 7, Arrangement 7, Travellers, para 6.4 (escort) · Customs
“The authorities of the United Kingdom, in respect of Gibraltar, will escort those officers to and from the port and accompany them whilst they are at the port”
One way: Spain/EU to GibraltarDeclarations required by Spain's customs from land travellers, travellers who entered Gibraltar by sea or air and those exiting by sea or air are made at the counter in the Second Line Checks Area.
Arrangement 7, Arrangement 7, Travellers, para 6.5 · Customs
“where declarations are required to be made to the … they will be made at the counter referred to in paragraph 6.2”
Not statedRoutine checks on travellers arriving in Gibraltar from the EU or moving between Gibraltar and Spain are not required, without prejudice to Annex 23 Art. 22(3) and non-discriminatory controls by Spain in Spain.
Arrangement 7, Arrangement 7, Travellers, para 6.7 (and 4.5.6) · Customs
“Routine checks and controls, for the purposes set out in this … are not required to be carried out in relation … any non-discriminatory controls that may be carried out by the customs authorities of Spain, in Spain”
Both waysThe Participants' competent authorities ensure travellers using Gibraltar airport and port are told of the arrangements.
Arrangement 7, Arrangement 7, Travellers, para 6.8 · Customs
“The competent authorities of the Participants will ensure that travellers”
Both waysSpain's and Gibraltar's customs authorities cooperate and exchange information in real time so travellers comply.
Arrangement 7, Arrangement 7, Travellers, para 6.9 · Customs
“The customs authorities of Spain and the customs authorities of the United Kingdom, in respect of Gibraltar, will cooperate and exchange information in real time”
One way: Spain/EU to GibraltarSpain's customs authorities have continuous real-time online access to the Annex 22 Art. 2(2) information, including advance passenger information given to Spain's authorities, to plan checks.
Arrangement 7, Arrangement 7, Travellers, para 6.10 · Customs
“the customs authorities of Spain will have continuous real-time online access to the information”
One way: Spain/EU to GibraltarSpain's customs may notify Gibraltar's customs to carry out Annex 22 Art. 2(d) actions on travellers bound for Gibraltar, in the Second Line Checks Area under joint-visit rules.
Arrangement 7, Arrangement 7, Travellers, para 6.11 · Customs
“the customs authorities of Spain may, on the basis of the advanced information referred to in paragraph 6.10”
One way: Spain/EU to GibraltarAt the airport Spain's customs may request, in situ and verbally, that Gibraltar's customs carry out the Annex 22 Art. 2(d) actions on Gibraltar-bound travellers.
Arrangement 7, Arrangement 7, Travellers, para 6.12 · Customs
“the customs authorities of Spain … may request, in situ and verbally”
One way: Spain/EU to GibraltarParagraphs 6.11 and 6.12 apply also to actions by Gibraltar's customs on travellers exiting Gibraltar.
Arrangement 7, Arrangement 7, Travellers, para 6.13 · Customs
“Paragraphs 6.11 and 6.12 will also apply in relation to actions and measures”
Both waysSpain's and Gibraltar's customs authorities exchange quarterly by email the number and characteristics of non-routine controls on persons moving between Gibraltar and Spain, and resulting measures or sanctions.
Arrangement 7, Arrangement 7, Travellers, para 6.14 · Customs
“The customs authorities of Spain and the customs authorities of the United Kingdom, in respect of Gibraltar will exchange the following information”
Both waysBefore entry into force, the Participants provide information on imports, sales or exports of raw tobacco and tobacco products from or to Gibraltar, 1 January 2025 to provisional application.
Arrangement 7, Arrangement 7, Arrangement on tobacco, para 2.1 · Tobacco
“the Participants will, prior to entry in force of the … provide information on imports, sales, or exports of”
One way: Gibraltar to Spain/EUGibraltar provides, at signature, data on imported raw tobacco and tobacco products not yet distributed for retail sale.
Arrangement 7, Arrangement 7, Arrangement on tobacco, para 2.3 · Tobacco
“The United Kingdom, in respect of Gibraltar will, at the time of the … signature of the Agreement, provide the data on the quantity of raw or”
Not statedFor tobacco products, quarterly information on retail price trends (weighted average, minimum, maximum) must also be provided.
Arrangement 7, Arrangement 7, Arrangement on tobacco, para 2.4 · Tobacco
“information, broken down by quarter, must also be provided on the trend of retail prices”
Both waysIn smuggling proceedings the Participants' competent authorities answer information requests within seven days on persons in their territories who may be responsible.
Arrangement 7, Arrangement 7, Arrangement on tobacco, para 3.1 · Tobacco
“the competent authorities of the Participants will without prejudice … to requests for information within a maximum period of seven days”
Both waysWhere alleged perpetrators are not residents of either Participant, the competent authorities provide all known information on tobacco origin or movements.
Arrangement 7, Arrangement 7, Arrangement on tobacco, para 3.5 · Tobacco
“not residents in the territory of either of the Participants … will provide all known information regarding the origin or movements of tobacco”
Not statedA requesting authority may ask the transmitting authority for consent to use information as evidence in judicial proceedings; the transmitting authority may grant it.
Arrangement 7, Arrangement 7, Arrangement on tobacco, para 3.9 · Tobacco
“may, in accordance with the relevant domestic law, at the time of submitting the request … The transmitting Authority may grant its consent”
One way: Gibraltar to Spain/EUFrom 15 July 2026 Gibraltar's competent authorities gradually provide Spain's competent authorities with the information entering the official traceability repository.
Arrangement 7, Arrangement 7, Arrangement on tobacco, para 4.3 · Tobacco
“the competent authorities of the United Kingdom, in respect of Gibraltar, will gradually provide the competent authorities of Spain”
One way: Gibraltar to Spain/EUOnce the traceability mechanism is fully in force, Gibraltar facilitates direct access to its information for Spain's competent authorities (based on Article 251).
Arrangement 7, Arrangement 7, Arrangement on tobacco, para 4.4 · Tobacco
“the United Kingdom, in respect of Gibraltar, will facilitate direct access to the information … authorities of Spain once it is fully in force”
Both waysUntil direct access exists, the Participants share information on traceability of tobacco products under Article PTOB.3(2).
Arrangement 7, Arrangement 7, Arrangement on tobacco, para 4.5 · Tobacco
“the Participants will share”
One way: Gibraltar to Spain/EUGibraltar sets up monitoring mechanisms to exchange information with Spain's competent authorities on tobacco outside the traceability system.
Arrangement 7, Arrangement 7, Arrangement on tobacco, para 4.6 · Tobacco
“the United Kingdom, in respect of Gibraltar, will establish monitoring mechanisms to exchange information with the competent authorities of Spain”
One way: Gibraltar to Spain/EUAfter full traceability, Gibraltar seizes non-compliant or smuggled tobacco, notifies Spain's authorities within 24 hours and gives quarterly information on destruction.
Arrangement 7, Arrangement 7, Arrangement on tobacco, para 5.1 · Tobacco
“as well as to notify the authorities of Spain within 24 hours from the seizure”
Both waysIf either Participant breaches the Arrangement (lack of cooperation, non-application of the treaty, poor administration), the Participants may inform the EU-UK treaty committee on economy and trade.
Arrangement 7, Arrangement 7, Arrangement on tobacco, para 7.1 · Institutions and disputes
“the Participants may inform the Specialised Committee on”
One way: Gibraltar to Spain/EUGibraltar applies a cigarette price differential mechanism so the price difference from excise duty stays within EUR 0.80 or 15% per packet, compared with prices in Spain.
Arrangement 7, Arrangement 7, Arrangement on tobacco, para 8.1 · Tobacco
“requires the United Kingdom, in respect of Gibraltar, to … the lower differential with the prices in Spain”
Both waysA joint Working Group is established for cooperation, information exchange and operational coordination on customs; it meets at least every six months or when the Participants consider appropriate.
Arrangement 7, Arrangement 7, Working Group, para 1.1 · Institutions and disputes
“whenever the Participants consider appropriate”
Both waysEach Participant has an equal number of Working Group members and informs the other of appointments and changes.
Arrangement 7, Arrangement 7, Working Group, para 1.2 · Institutions and disputes
“Each Participant will have an equal number of members in the Working Group and will inform each other”
Both waysEach Participant may refer to the Working Group any issue on implementation, application or interpretation.
Arrangement 7, Arrangement 7, Working Group, para 1.4 · Institutions and disputes
“Each Participant may refer to the Working Group any issue”
Both waysEither Participant may terminate the Arrangement by written notification through diplomatic channels; it ends on the first day of the twelfth month after notification.
Arrangement 7, Arrangement 7, Final provisions, para 1.3 · Institutions and disputes
“Either Participant may terminate this Arrangement by written notification”
Both waysThe independent body is established by Gibraltar and Spain under Article 248 to advise on the impact of the transaction tax and excise duties.
Arrangement 7, Arrangement 7, Annex 4 (Terms of Reference of the independent consultative body), Article 1(1) · Institutions and disputes
“to be established by the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain”
Both waysAn Executive Committee and an Evaluation panel are each composed of two persons appointed by Gibraltar and two by Spain.
Arrangement 7, Arrangement 7, Annex 4 (Terms of Reference of the independent consultative body), Article 3(2) and (3) · Institutions and disputes
“composed of two persons appointed by the United Kingdom, in respect of Gibraltar and two persons appointed by the Kingdom of Spain”
Both waysThe Executive Committee and Evaluation panel are convened at the initiative of either Participant.
Arrangement 7, Arrangement 7, Annex 4 (Terms of Reference of the independent consultative body), Article 3(4) · Institutions and disputes
“will be convened at the initiative of either of the Participants”
Not statedThe independent body's annual report and recommendations are notified without delay to the points of contact and the European Commission.
Arrangement 7, Arrangement 7, Annex 4 (Terms of Reference of the independent consultative body), Article 4(3) and (5) · Taxation
“will be notified without delay to the points of contact and the European”
One way: Gibraltar to Spain/EUAfter the report, Gibraltar's point of contact confirms within one month to Spain's point of contact and the Commission that the recommended rate adjustments will be in force.
Arrangement 7, Arrangement 7, Annex 4 (Terms of Reference of the independent consultative body), Article 4(7) (number from the Spanish text) · Taxation
“for the United Kingdom, in respect of Gibraltar, will confirm within one month, to the point of contact for the Kingdom of Spain and the European”
One way: Gibraltar to Spain/EUAfter ad hoc report notification, Gibraltar's point of contact confirms within one month to Spain's point of contact and the Commission that adjustments will be in force.
Arrangement 7, Arrangement 7, Annex 4 (Terms of Reference of the independent consultative body), Article 4(10) · Taxation
“for the United Kingdom, in respect of Gibraltar, will confirm within one month to the point of contact for the Kingdom of Spain and the European”
Both waysThe Participants will not ask for an ad hoc report on excise duties until three years after entry into force (and on transaction tax before three months).
Arrangement 7, Arrangement 7, Annex 4 (Terms of Reference of the independent consultative body), Article 4(8) · Taxation
“The Participants will not request an ad hoc report in relation to excise duties”
Not statedThe European Commission receives all reports, recommendations and proposed measures of the independent body at the same time as the points of contact.
Arrangement 7, Arrangement 7, Annex 4 (Terms of Reference of the independent consultative body), Article 4(12) · Taxation
“The European Commission will receive all reports, recommendations, and proposed measures”
Both waysPoints of contact confirm agreement or give reasoned objections within 15 working days to the recommended methodology; unresolved matters go to the Participants.
Arrangement 7, Arrangement 7, Annex 4 (Terms of Reference of the independent consultative body), Article 5(1) · Institutions and disputes
“or where either point of contact provides reasoned objections”
Not statedInformation gathered by EU customs authorities on exports of goods to Gibraltar serves as a contrast source in the independent body's reports.
Arrangement 7, Arrangement 7, Annex 4 (Terms of Reference of the independent consultative body), Article 5(2)(d) · Taxation
“information obtained by Union customs authorities related to the export of goods towards Gibraltar”
Both waysPoints of contact may report data to the independent body, which is simultaneously shared with the other point of contact.
Arrangement 7, Arrangement 7, Annex 4 (Terms of Reference of the independent consultative body), Article 5(3) · Institutions and disputes
“will simultaneously be shared with the other point of contact”
Not statedThe points of contact take appropriate measures to ensure the independent body has access to all relevant real-time economic statistics and data.
Arrangement 7, Arrangement 7, Annex 4 (Terms of Reference of the independent consultative body), Article 6 · Institutions and disputes
“The points of contact will take all appropriate measures to ensure that the independent body has access”
Both waysGibraltar and Spain fund the establishment and running of the independent body in equal shares, each within 30 days of payment falling due.
Arrangement 7, Arrangement 7, Annex 4 (Terms of Reference of the independent consultative body), Article 7 · Institutions and disputes
“The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain will”
Both waysDisagreements between the Participants on the ToR or the procurement that are not resolved within 30 working days are escalated by the Participants.
Arrangement 7, Arrangement 7, Annex 4 (Terms of Reference of the independent consultative body), Article 8 · Institutions and disputes
“Any disagreement between the Participants arising out of or in connection with”
Both waysEither Participant may, through its point of contact, ask for termination of the procurement contract for serious and persistent failure; termination needs both Participants' agreement.
Arrangement 7, Arrangement 7, Annex 4 (Terms of Reference of the independent consultative body), Article 9(2) · Institutions and disputes
“Either Participant may, through its point of contact, request the termination … Any such termination will require the agreement of both Participants”
Both waysParticipants affirm commitment to apply the principles on countering harmful tax regimes.
Joint Declaration on countering harmful tax regimes (joint, EU and UK in respect of Gibraltar; GOV.UK 14 July 2026), para 2 · Taxation
“the Participants affirm their commitment to applying the principles on countering harmful tax regimes”
Not statedTransparency factor: a regime lacking transparency or effective exchange of information with respect to the regime may be harmful; each Participant's regimes are assessed.
Joint Declaration on countering harmful tax regimes (joint), para 5, factor (d) · Taxation
“no effective exchange of information with respect to the regime”
Both waysParticipants may hold an annual dialogue on application of the principles.
Joint Declaration on countering harmful tax regimes (joint), last para · Taxation
“The Participants may hold an annual dialogue to discuss issues in relation to the application of these principles”
Both waysCommon interpretation: paid-activity category covers persons entering the territory of the other Contracting Party as employee or service provider.
Joint Declaration on interpretation of persons travelling to carry out a paid activity, Art 41(2) (joint, EU and UK in respect of Gibraltar), para 1 · Mobility
“the Union and the United Kingdom, in respect of Gibraltar, agree that … in the territory of the other Contracting Party as an employee or as a service provider”
Both waysCategory should not cover businesspersons, ad-hoc sportspersons or artists, journalists sent by home media, intra-corporate trainees.
Joint Declaration on Art 41(2) paid activity (joint), para 2 (a)-(d) · Mobility
“businesspersons, i.e. persons travelling for the purpose of business deliberation (without being employed in the Union or the United Kingdom, in respect of Gibraltar)”
Not statedEU-UK treaty committee on the circulation of persons monitors implementation and may propose modifications.
Joint Declaration on Art 41(2) paid activity (joint), last para · Institutions and disputes
“shall be monitored by the Specialised Committee on the Circulation of Persons”
Not statedUK notes the joint intention that the reference framework for selectivity of a tax measure for state aid corresponds exclusively to Gibraltar's geographical limits.
UK Declaration on state aid selectivity (unilateral: Government of the UK in respect of Gibraltar only; not joint), para 1 · Institutions and disputes
“it was the joint intention of the Parties to this Agreement that the reference framework for assessing the selectivity of a taxation measure”
Not statedUnderstanding does not affect the territorial scope of the treaty in Article 328.
UK Declaration on state aid selectivity (unilateral), para 2 · Taxation
“This understanding does not affect the territorial scope of the Agreement”
Both waysAuthorities of Norway, Iceland, Switzerland, Liechtenstein on the one hand and the UK on the other should conclude without delay bilateral agreements on circulation-of-persons matters in Part Two.
UK Declaration regarding a mirror agreement between the Schengen associates and the UK (unilateral: UK in respect of Gibraltar; Council 'takes note', Decision Art 9(3)), para 2 · Other
“the authorities of Norway, Iceland, Switzerland and Liechtenstein, on the one hand, and the United Kingdom, on the other hand, conclude, without delay, bilateral agreements”
Both waysMutual assistance provisions complement Council of Europe instruments only where those instruments apply to an EU country or the UK for Gibraltar; references do not make unratified instruments applicable.
Joint Declaration of the EU and the UK relative to Article 152(1) (joint), single para · Other
“a Member State or the United Kingdom, in respect of Gibraltar … a Member State or to the United Kingdom, in respect of Gibraltar, if they have not ratified”
One way: Spain/EU to GibraltarEU will support extension to Gibraltar of the Interbus Agreement once conditions for extension are met.
Commission's proposed text for a declaration on supplementing Gibraltar's road transport connectivity (approved by Council, Decision 2026/1732 Art 9(2); text from the Commission, not signed by the UK), sentence 3 · Other
“The European Union will support the extension to Gibraltar of the Interbus Agreement once the conditions for such extension are met”
Both waysParties recognise benefits of cross-border road transport connectivity and the value of including Gibraltar in the UK's ECMT/Interbus participation.
Commission's proposed text on road transport connectivity, sentence 1 · Other
“The Parties recognise the benefits to the region {to be specified} of cross border connectivity for road transport”
One way: Spain/EU to GibraltarAny EU measure implementing the treaty (amendments, remedial measures, suspension, termination) requires prior agreement of the Kingdom of Spain.
Declaration of the Council and of the European Commission on implementation of the EU-UK Agreement on Gibraltar (EU-side declaration, 31 March 2026), para 2 · Institutions and disputes
“will require a prior agreement of the Kingdom of Spain, without prejudice to the competences of the Union and the prerogatives of the institutions”
One way: Spain/EU to GibraltarEach EU country, in particular Spain, may send one representative with the Commission to Cooperation Council and EU-UK treaty committee meetings.
Council Decision (EU) 2026/1732 (EU-internal; EU side only), Art 2(2) · Institutions and disputes
“Each Member State, in particular Spain, shall be allowed to send one representative to accompany the Commission representative”
One way: Spain/EU to GibraltarCommission decides EU suspension of obligations, rebalancing, remedial measures and safeguard use under the treaty.
Council Decision (EU) 2026/1732, Art 4(1) · Institutions and disputes
“shall be taken by the Commission in accordance with the conditions set out in the corresponding provisions of the Agreement”
One way: Spain/EU to GibraltarCommission must consult Spain before any decision under the Decision and before proposals to the Council about the treaty.
Council Decision (EU) 2026/1732, Art 5 · Institutions and disputes
“the Commission shall consult Spain”
One way: Spain/EU to GibraltarSpain informs Council and Commission before suspending or terminating the implementation plan or the administrative arrangements, and takes account of views.
Council Decision (EU) 2026/1732, Art 6(1) · Institutions and disputes
“Spain shall inform the Council and the Commission in advance of the suspension or termination of the implementation plan”
One way: Spain/EU to GibraltarSpain informs Council and Commission of suspension or termination by the UK of the implementation plan or arrangements.
Council Decision (EU) 2026/1732, Art 6(2) · Institutions and disputes
“Spain shall inform the Council and the Commission of the suspension or termination by the United Kingdom”
One way: Spain/EU to GibraltarSpain notifies the Commission that the implementation plan and administrative arrangements are in effect and fully implemented.
Council Decision (EU) 2026/1732, Art 8(1) · Institutions and disputes
“Spain shall notify the Commission of the fact that the implementation plan and the administrative arrangements are in effect”
Both waysEU notifies the UK for Gibraltar of completion of EU procedures for provisional application, provided the UK has first notified the EU.
Council Decision (EU) 2026/1732, Art 8(3) · Institutions and disputes
“The Union shall notify the United Kingdom, in respect of Gibraltar, of the completion … the United Kingdom, in respect of Gibraltar, has notified the Union that its internal requirements”
One way: Spain/EU to GibraltarSpain, as neighbouring Schengen State at Gibraltar port and airport, can request the EU to terminate the treaty after evaluating Part Two.
Council Decision (EU) 2026/1732, Recital 13 · Institutions and disputes
“Spain, as the neighbouring Schengen State in charge of performing external border control at Gibraltar port and airport, can”
One way: Spain/EU to GibraltarSpanish authorities are the competent authorities within the EU for customs provisions (Portuguese in the case in Annex 21 App. 1 point 2).
Council Decision (EU) 2026/1732, Recital 14 · Customs
“The authorities of Spain should be the competent authorities within the Union for the purposes of the application of the customs-related provisions”
One way: Spain/EU to GibraltarSpanish authorities provide an assessment of the bilateral administrative arrangements for the Cooperation Council's 4-year evaluation of Part Two.
Council Decision (EU) 2026/1732, Recital 15 · Institutions and disputes
“The authorities of Spain should provide the assessment of the functioning of the relevant bilateral administrative arrangements”
One way: Spain/EU to GibraltarCommission provides the UK with information and notifications required by the treaty and consults the UK on specific matters.
Council Decision (EU) 2026/1732, Recital 21 · Institutions and disputes
“for the Commission to provide the United Kingdom with the information or notifications required in the Agreement”
Not statedEuratom-matters part of the treaty is signed and provisionally applied from 15 July 2026 'subject to reciprocity'.
Council Decision (Euratom) 2026/1564, Art 2 · Other
“subject to reciprocity, the Agreement, as regards matters falling under the Euratom Treaty”
One way: Gibraltar to Spain/EUCompetent authorities to be notified under Article 68 of the treaty will be Gibraltar's competent authorities for matters within its constitutional responsibilities.
Concordat (UK Government and Government of Gibraltar; no EU or Spain party), Responsibilities para 1 · Institutions and disputes
“the competent authorities to be notified pursuant to Article 68 of the Agreement”
Not statedGibraltar Government is responsible for legislating, giving effect and paying for border checks and surveillance, customs, law enforcement cooperation, level playing field etc. under the treaty.
Concordat, Responsibilities (list) · Institutions and disputes
“The Government of Gibraltar will be responsible for implementing and enforcing the provisions of the Agreement”
One way: Gibraltar to Spain/EUGibraltar Government establishes the independent consultative body (Art 248(5)) and constitutes the joint venture company together with the Kingdom of Spain (Art 274).
Concordat, Responsibilities para 2 · Institutions and disputes
“constituting the joint venture company together with the Kingdom of Spain under Article 274 of the Agreement”
One way: Gibraltar to Spain/EUUK remains responsible for Gibraltar's external relations with the EU and Spain, and certifies documents and facilitates liaison under Article 6.
Concordat, Responsibilities, UK bullets · Institutions and disputes
“remain responsible for Gibraltar’s external relations with the EU and Spain … Certify documents and facilitate liaison functions as required under Article 6 of the Agreement”
One way: Gibraltar to Spain/EUGibraltar Government nominates persons to the Cooperation Council and each EU-UK treaty committee.
Concordat, Cooperation · Institutions and disputes
“The Gibraltar Government will nominate persons to participate in”
One way: Gibraltar to Spain/EUGibraltar Government nominates individuals for the arbitration sub-list under Article 319(1)(b).
Concordat, Dispute resolution para 3 · Institutions and disputes
“The Gibraltar Government will nominate individuals willing to serve as members of an arbitration tribunal”
One way: Gibraltar to Spain/EUGibraltar sets up the independent authority (Art 205) and names panellists (Art 236).
Concordat, Responsibilities (Level Playing Field bullet) · Institutions and disputes
“establishing the independent authority pursuant to Article 205 of the Agreement and for naming individuals to serve as panellists”
Not statedGives 'implementation purpose' to arrangements between HM Government for Gibraltar and the Government of Spain setting out practical arrangements for the Treaty.
Treaty on Gibraltar and the European Union Act 2026, s. 7(1)(b), s. 7(1)(b) · Institutions and disputes
“in respect of Gibraltar and the Government of the Kingdom of Spain”
One way: Gibraltar to Spain/EUGovernment has power to do what is needed to take part in the joint reviews of the operation of the Treaty.
Treaty on Gibraltar and the European Union Act 2026, s. 9, s. 9 · Institutions and disputes
“The Government shall have the power to do anyth ing necessary to participate in the joint reviews”
One way: Spain/EU to GibraltarLater EU acts that amend, replace, supplement or cover the same subject as listed EU acts also have force in Gibraltar under the conditions in Art 19(2) to (4).
Treaty on Gibraltar and the European Union Act 2026, s. 11(1)(b), s. 11(1)(b) · Institutions and disputes
“under the conditions laid down in Article 19(2) to (4), any subsequent Union act”
One way: Gibraltar to Spain/EUChief Minister must identify by Gazette notice the later EU acts which the UK for Gibraltar has notified to the EU as accepted and implemented.
Treaty on Gibraltar and the European Union Act 2026, s. 11(2)(a), s. 11(2)(a) · Institutions and disputes
“the EU of acceptance and implementation in accordance with Article 19(3)”
One way: Gibraltar to Spain/EUGovernment must provide the facilities it thinks necessary for the work of the Cooperation Council.
Treaty on Gibraltar and the European Union Act 2026, s. 17(2), s. 17(2) · Institutions and disputes
“The Government shall provide such facilities as it considers necessary or expedient”
Not statedDecisions of the Cooperation Council under Art 22(4) or Art 24 have effect in Gibraltar law.
Treaty on Gibraltar and the European Union Act 2026, s. 17(3), s. 17(3) · Institutions and disputes
“Decisions of the Cooperation Council adopted in accordance with Article 22(4) or Article 24 shall have effect in domestic law”
One way: Spain/EU to GibraltarEU law applied in Gibraltar must be interpreted in line with the case law of the Court of Justice of the EU.
Treaty on Gibraltar and the European Union Act 2026, s. 18, s. 18 · Institutions and disputes
“interpreted in conformity with the relevant case law of the Court of Justice of the European Union”
Not statedWhere an EU Directive applies in Gibraltar by Part 3, a duty to report to the Commission is treated as a duty to report to Parliament (by laying a report).
Treaty on Gibraltar and the European Union Act 2026, s. 25(5)(a), s. 25(5)(a) · Other
“requirement to report on that matter to Parliament by the laying of a report on the”
One way: Gibraltar to Spain/EUGovernment must use its powers so that all physical barriers to circulation of persons between the EU and Gibraltar are removed.
Treaty on Gibraltar and the European Union Act 2026, s. 29(2), s. 29(2) · Mobility
“are removed in accordance with Articles 7 and 28”
One way: Gibraltar to Spain/EUGovernment must enter arrangements to establish border crossing points at Gibraltar port and airport.
Treaty on Gibraltar and the European Union Act 2026, s. 30(2), s. 30(2) · Schengen checks
“the Government shall enter into arrangements for the establishment of the border crossing points”
Both waysBorder checks on entry into Gibraltar are carried out by or for the Principal Immigration Officer and subsequently by the Schengen authorities.
Treaty on Gibraltar and the European Union Act 2026, s. 30(5), s. 30(5) · Schengen checks
“Border checks on entry into Gibraltar shall be carried out by or on behalf of the Principal Immigration Officer … and subsequently by the Schengen authorities”
Both waysBorder checks on exit are carried out by the Schengen authorities and subsequently by or for the Principal Immigration Officer.
Treaty on Gibraltar and the European Union Act 2026, s. 30(6), s. 30(6) · Schengen checks
“Border checks on exit shall be carried out by the Schengen authorities and subsequently”
Not statedEntry into Gibraltar from outside the Schengen area may only take place through the border crossing points.
Treaty on Gibraltar and the European Union Act 2026, s. 30(9), s. 30(9) · Schengen checks
“entry into Gibraltar from outside the Schengen area shall only take place via the border crossing points”
Not statedInformation required under Art 29(11) must be provided without delay to the Principal Immigration Officer.
Treaty on Gibraltar and the European Union Act 2026, s. 30(12), s. 30(12) · Schengen checks
“shall be provided without delay to the Principal Immigration Officer”
Both waysPersons have the right to circulate between Gibraltar and the EU countries applying Schengen in full without border checks, whatever their nationality.
Treaty on Gibraltar and the European Union Act 2026, s. 31(2), s. 31(2) · Mobility
“Persons have the right to circulate between Gibraltar and the Members States applying the Schengen acquis in full without border checks”
One way: Gibraltar to Spain/EUGovernment may make arrangements to bring back border controls between Gibraltar and the EU Schengen countries for threats to public policy, public health or internal security.
Treaty on Gibraltar and the European Union Act 2026, s. 31(3), s. 31(3) · Schengen checks
“The Government may at any time make arrangem ents for the reinstatement of border”
One way: Gibraltar to Spain/EUGovernment must make arrangements so the public are informed in a coordinated manner of a decision to reinstate or prolong border control, unless overriding security reasons.
Treaty on Gibraltar and the European Union Act 2026, s. 31(4), s. 31(4) · Schengen checks
“informed in a coordinated manner of a decision to reinstate or prolong border control”
One way: Gibraltar to Spain/EUWhere the Principal Immigration Officer intends to refuse entry, he is responsible for informing the Schengen authorities at the crossing point and escorting the person to the Second Line Checks Area.
Treaty on Gibraltar and the European Union Act 2026, s. 32(3), s. 32(3) · Schengen checks
“The Principal Immigration Officer shall be responsible for … informing the Schengen authorities at the”
One way: Spain/EU to GibraltarA person who on review in the Second Line Checks Area proves to have EU free movement rights or a Schengen long-stay visa or permit is permitted to enter the EU country.
Treaty on Gibraltar and the European Union Act 2026, s. 32(4), s. 32(4) · Schengen checks
“That person shall be permitted to enter the territory of the Member State applying the … the Schengen authorities that the person concerned fulfils entry and stay conditions under Union law”
One way: Spain/EU to GibraltarThe Gibraltar GDPR and Data Protection Act 2018 do not apply to data processed at the port and airport in carrying out Schengen functions.
Treaty on Gibraltar and the European Union Act 2026, s. 33(2), s. 33(2) · Schengen checks
“shall not have effect in relation to data which is processed at Gibraltar port and airport in connection with the carrying out of Schengen functions”
One way: Spain/EU to GibraltarGovernment must make arrangements to permit the Schengen authorities to install automated border control systems.
Treaty on Gibraltar and the European Union Act 2026, s. 33(3), s. 33(3) · Schengen checks
“to permit the Schengen authorities to install automated border control systems for border checks”
Not statedWhere alerts require coercive action, the person is escorted to the Second Line Checks Area.
Treaty on Gibraltar and the European Union Act 2026, s. 34(3), s. 34(3) · Schengen checks
“the person concerned shall be escorted to the Second Line Checks Area”
Not statedPrincipal Immigration Officer must take steps to effect a joint refusal of entry for third-country nationals who fail both domestic and EU entry conditions.
Treaty on Gibraltar and the European Union Act 2026, s. 35(3), s. 35(3) · Schengen checks
“to effect a joint refusal of entry in respect of third country nationals”
Not statedArt 26 of the Schengen Implementing Convention and Directive 2001/51/EC apply in and for Gibraltar to carriers bringing from a third country people without the documents needed for entry into EU countries.
Treaty on Gibraltar and the European Union Act 2026, s. 36(2), s. 36(2) · Schengen checks
“shall apply in and in respect of Gibraltar for the transport to Gibraltar by sea or air from a third country”
One way: Gibraltar to Spain/EUPrincipal Immigration Officer must arrange for carriers to transfer Advance Passenger Information on flights from outside Schengen to the Schengen authorities.
Treaty on Gibraltar and the European Union Act 2026, s. 37(2), s. 37(2) · Schengen checks
“ensure that carriers transfer Advance Passenger Inf ormation … arriving in the airport to the Schengen authorities”
One way: Gibraltar to Spain/EUPrincipal Immigration Officer must arrange for information to be given to the Schengen authorities and for identification of forces personnel by Liaison Officers at arrival or departure.
Treaty on Gibraltar and the European Union Act 2026, s. 38(5), s. 38(5) · Schengen checks
“to make information available to the Schengen … for the identification of persons upon arrival or departure by Liaison Officers”
One way: Spain/EU to GibraltarMembers of non-resident UK forces, civilian component and families who want to exit or enter an EU Schengen country are subject to Schengen border checks at the Schengen crossing points; the Principal Immigration Officer must inform them.
Treaty on Gibraltar and the European Union Act 2026, s. 38(9), s. 38(9) · Schengen checks
“shall be subject to the Schengen border checks in accordance with Article 33 at the Schengen border crossing points … arrangements to inform persons of the obligation to undergo checks”
One way: Gibraltar to Spain/EUEU citizens, their third-country family members with Directive 2004/38/EC cards, and third-country nationals legally resident in Schengen States may enter and stay in Gibraltar without a visa for up to 90 days in 180.
Treaty on Gibraltar and the European Union Act 2026, s. 41(2), s. 41(2) · Mobility
“may enter and stay in Gibralta r without a visa for a maximum period of”
One way: Gibraltar to Spain/EUGovernment may impose a visa requirement on those persons if they travel to Gibraltar to carry out a paid activity.
Treaty on Gibraltar and the European Union Act 2026, s. 41(3), s. 41(3) · Mobility
“The Government may impose a visa requirement on the persons referred to in subsection”
One way: Gibraltar to Spain/EUGovernment must inform the Cooperation Council whenever changes are proposed to the conditions for identity cards and residence permits after the Implementation Date.
Treaty on Gibraltar and the European Union Act 2026, s. 43(4), s. 43(4) · Institutions and disputes
“The Government shall inform the Cooperation Council whenever changes”
One way: Gibraltar to Spain/EUGovernment must review risks from Gibraltar residents travelling to Schengen States and at least every three months give the risk assessment to the relevant Schengen authorities.
Treaty on Gibraltar and the European Union Act 2026, s. 44(2), s. 44(2) · Schengen checks
“shall at a minimum of every three months provide such a risk assessment to the relevant Schengen authorities”
One way: Gibraltar to Spain/EUIf the Government thinks a Gibraltar resident may threaten public policy, internal security, public health or an EU country's international relations, it must tell the relevant Schengen authorities without delay with reasons.
Treaty on Gibraltar and the European Union Act 2026, s. 44(4), s. 44(4) · Schengen checks
“it shall inform the relevant Schengen authorities without delay setting out the grounds upon which that assessment is based”
One way: Spain/EU to GibraltarOn a notification from the Schengen authorities that a Gibraltar resident is a threat and is prohibited from leaving, the Government must tell the person and take all steps to prevent prohibited travel, including through police and judicial cooperation.
Treaty on Gibraltar and the European Union Act 2026, s. 44(5), s. 44(5) · Schengen checks
“take all necessary steps to prevent prohibited travel to the Schengen area, including … through police and judicial cooperation with the relevant Schengen authorities”
One way: Spain/EU to GibraltarThird-country nationals who need a short-stay visa for EU countries under EU law also need a visa for Gibraltar.
Treaty on Gibraltar and the European Union Act 2026, s. 45(2), s. 45(2) · Mobility
“shall also be required to be in possession of a visa to enter and stay in Gibraltar”
One way: Spain/EU to GibraltarShort-stay visas issued under EU law are also valid for entry and stay in Gibraltar for up to 90 days in 180.
Treaty on Gibraltar and the European Union Act 2026, s. 45(4), s. 45(4) · Mobility
“Short stay visas issued in accordance with Union law … shall also be valid for entry and stay in Gibraltar”
One way: Spain/EU to GibraltarWhere the main purpose of a visit is to stay in Gibraltar, Spain is the Schengen authority entitled to issue the visa but must first notify the Government.
Treaty on Gibraltar and the European Union Act 2026, s. 45(5), s. 45(5) · Mobility
“Schengen authority entitled to issue the visa … must first notify the Government of its intention to do so”
One way: Gibraltar to Spain/EUAfter Spain's notification, the Government may tell Spain that a visa should not be issued on serious public policy, internal security or health grounds; the visa is then not valid for Gibraltar.
Treaty on Gibraltar and the European Union Act 2026, s. 45(6), s. 45(6) · Mobility
“the Government may inform the Kingdom of Spain that it considers that a visa should not be issued”
One way: Spain/EU to GibraltarIf the Schengen authorities object to an exceptional border visa on serious grounds, the Authority must not issue it.
Treaty on Gibraltar and the European Union Act 2026, s. 46(5), s. 46(5) · Mobility
“Where the Government is informed of an objection by the relevant Schengen … the Authority shall refrain from issuing a visa at the external borders”
One way: Spain/EU to GibraltarWhen issuing or extending an exceptional border visa, the Authority must arrange for the Schengen authorities to record the applicant's data including biometrics.
Treaty on Gibraltar and the European Union Act 2026, s. 46(6), s. 46(6) · Mobility
“make arrangements to allow the Schengen authorities to record the data”
One way: Gibraltar to Spain/EUBefore issuing or renewing a residence permit, the Authority must notify the Schengen authorities.
Treaty on Gibraltar and the European Union Act 2026, s. 47(3), ss. 47(3), 48(3) · Mobility
“the Authority shall notify the Schengen authorities”
One way: Spain/EU to GibraltarIf within 28 days the Schengen authorities object because the applicant is a threat, the Authority must not issue or renew the permit; if no reply, it may issue.
Treaty on Gibraltar and the European Union Act 2026, s. 47(4), ss. 47(4), 48(6) · Mobility
“within 28 calendar days of being so notified, the Schengen authorities inform the Authority of their objection … the Authority shall not issue or renew the residence permit”
One way: Spain/EU to GibraltarOn a request from the Schengen authorities to withdraw a residence permit, the Authority must withdraw it without delay.
Treaty on Gibraltar and the European Union Act 2026, s. 47(7), ss. 47(7), 48(9), 49(5) · Mobility
“Where the Authority receives a request from the Schengen authorities to withdraw a … the Authority s hall withdraw the residence permit without delay”
One way: Gibraltar to Spain/EUGovernment has power to give the Schengen authorities specimens of Gibraltar residence permits and any later changes.
Treaty on Gibraltar and the European Union Act 2026, s. 47(9)(b), ss. 47(9)(b), 48(11)(b), 49(3) · Mobility
“to provide the Schengen authorities with specimens of residence permits”
One way: Gibraltar to Spain/EUGovernment must notify, under Arts 50(9) and 68, the authority that receives permit applications, issues permits and submits information to the Schengen authorities.
Treaty on Gibraltar and the European Union Act 2026, s. 47(10), ss. 47(10), 48(12) · Mobility
“The Government shall notify, in accordance with Article 50(9) and 68, the authority”
One way: Gibraltar to Spain/EUAfter VIS operations start, the Authority must ensure the data for residence permit applications is collected and transferred to the Schengen authorities within 2 working days.
Treaty on Gibraltar and the European Union Act 2026, s. 48(4), s. 48(4) · Mobility
“the Authority shall ensure that the necessary data for the purposes of Article 51 … is collected and transferred to the Schengen”
One way: Gibraltar to Spain/EUThe Authority must notify the Schengen authorities of the holders of residence permits in force on the Implementation Date.
Treaty on Gibraltar and the European Union Act 2026, s. 49(4), s. 49(4) · Mobility
“of the holders of residence permits in force on the Implementation Date”
One way: Gibraltar to Spain/EUWhere an international protection application is made in Gibraltar, the Authority must immediately inform the Schengen authorities.
Treaty on Gibraltar and the European Union Act 2026, s. 50(3), s. 50(3) · Mobility
“the Authority shall immediately inform the Schengen authorities”
One way: Spain/EU to GibraltarIf the Schengen authorities object within 14 days (or 14 more), the Authority must refrain from granting protection until it has fully considered their information; no reply counts as positive.
Treaty on Gibraltar and the European Union Act 2026, s. 50(10), ss. 50(10), 50(11) · Mobility
“the Authority shall refrain from granting international protection until it has given full consideration to any information provided by the Schengen authorities”
One way: Gibraltar to Spain/EUThe Authority must notify the Schengen authorities of its final decision and the reasons.
Treaty on Gibraltar and the European Union Act 2026, s. 50(12), s. 50(12) · Mobility
“The Authority shall notify the Schengen authorities of the final decision and the reasons”
One way: Gibraltar to Spain/EUWhile an application is being examined, the Authority, helped by the Principal Immigration Officer, must ensure that the applicant (not an EU citizen) is not permitted to enter, and is prevented from entering, the EU countries.
Treaty on Gibraltar and the European Union Act 2026, s. 50(13), s. 50(13) · Mobility
“is not permitted to enter, and is prevented from entering, the territory of the”
Both waysGibraltar officers keeping a person under surveillance in a criminal investigation may continue in Spain; Spain's competent authorities may continue in Gibraltar, both for Annex 8 offences, subject to Implementation Regulations.
Treaty on Gibraltar and the European Union Act 2026, s. 51(2) and (3), s. 51(2), (3) · Surveillance and pursuit
“they may continue their surveillance in Spain, in accordance with Article 55 … they shall be permitted to continue their surveillance in Gibraltar, in accordance with Article 55”
Both waysGibraltar police or customs officers pursuing a person in Gibraltar may continue the pursuit in Spain; Spain's competent authorities may continue in Gibraltar, both for Annex 8 offences or escapees.
Treaty on Gibraltar and the European Union Act 2026, s. 52(2) and (3), s. 52(2), (3) · Surveillance and pursuit
“he may continue the pursuit in Spain, in accordance with Article 56 … it may continue the pursuit in Gibraltar, in accordance with Article 56”
One way: Gibraltar to Spain/EUGovernment may by Implementation Regulations set the modalities of continued surveillance and pursuit, including duties of the Royal Gibraltar Police, HM Customs Gibraltar and Spain's competent authorities.
Treaty on Gibraltar and the European Union Act 2026, s. 53(1), s. 53(1) · Surveillance and pursuit
“The Government may by Implementation Regulations make provision setting out the modalities … the performance of the duties of the Royal Gibraltar Police”
Not statedRegulations may set up joint Working Groups as forums for cooperation, exchange of information and coordination of operations on surveillance and pursuit.
Treaty on Gibraltar and the European Union Act 2026, s. 53(2)(b), s. 53(2)(b) · Surveillance and pursuit
“for the establishment of joint Working Groups a s forums for”
Both waysRegulations may require the enforcement authorities to notify each other of specified events.
Treaty on Gibraltar and the European Union Act 2026, s. 53(2)(f), s. 53(2)(f) · Surveillance and pursuit
“requiring the enforcement authorities to notify each other of specified events”
Both waysRegulations may provide for one set of enforcement authorities to take over surveillance or pursuit begun by the other set.
Treaty on Gibraltar and the European Union Act 2026, s. 53(2)(g), s. 53(2)(g) · Surveillance and pursuit
“for the assumption by one set of enforcement au thorities of surveillance or pursuit initiated by the other set of enforcement authorities”
One way: Gibraltar to Spain/EUGovernment must make arrangements to facilitate police and customs cooperation with Spain, in particular timely transmission of information for surveillance and pursuit.
Treaty on Gibraltar and the European Union Act 2026, s. 54(2), s. 54(2) · Police and judicial cooperation
“to facilitate police and customs cooperation with the Kingdom of Spain”
One way: Spain/EU to GibraltarGovernment may make arrangements and grant permits for joint patrols and other joint operations in Gibraltar by designated officers or officials from an EU country.
Treaty on Gibraltar and the European Union Act 2026, s. 55(2), s. 55(2) · Police and judicial cooperation
“joint patr ols and other joint operations within … Gibraltar by designated officers or other officials from a Member State”
One way: Gibraltar to Spain/EUGovernment must submit a declaration setting the conditions and practical aspects of cooperation in joint operations.
Treaty on Gibraltar and the European Union Act 2026, s. 55(3), s. 55(3) · Police and judicial cooperation
“The Government shall submit a declaration laying down the conditions for and practical”
One way: Spain/EU to GibraltarAny joint operation or patrol taking place in Gibraltar needs the Government's explicit prior authorisation.
Treaty on Gibraltar and the European Union Act 2026, s. 55(4), s. 55(4) · Police and judicial cooperation
“that takes place in Gibraltar shall require the … explicit prior authorisation”
One way: Gibraltar to Spain/EUThe Royal Gibraltar Police, HM Customs Gibraltar and the Borders and Coastguard Agency may take part in joint patrols and other joint operations in an EU country.
Treaty on Gibraltar and the European Union Act 2026, s. 55(5), s. 55(5) · Police and judicial cooperation
“may participate in joint patrols and other j oint operations in a Member State”
One way: Gibraltar to Spain/EUGibraltar police, customs or Borders and Coastguard officers in a joint operation in an EU country may consult their own databases as domestic law permits.
Treaty on Gibraltar and the European Union Act 2026, s. 56(2), s. 56(2) · Police and judicial cooperation
“is participating in a joint operation in a Member State pursuant to Article 58, they may consult”
One way: Spain/EU to GibraltarGovernment must make arrangements so that EU country officers in a joint operation in Gibraltar can consult their own national, EU and international databases.
Treaty on Gibraltar and the European Union Act 2026, s. 56(3), s. 56(3) · Police and judicial cooperation
“the Government shall make arrangements to enable those officers to consult their own relevant”
One way: Spain/EU to GibraltarAn EU country officer in a joint operation in Gibraltar has the same protection and assistance as Gibraltar police, customs or coastguard officers.
Treaty on Gibraltar and the European Union Act 2026, s. 57(2), s. 57(2) · Police and judicial cooperation
“Any officer from a Member State participatin g in a joint operation in Gibraltar … shall have the same protection and assistance in the course of that”
One way: Gibraltar to Spain/EUPrincipal Immigration Officer must arrange for carriers to transfer Passenger Name Record data on flights arriving in Gibraltar to the Schengen authorities.
Treaty on Gibraltar and the European Union Act 2026, s. 58(2), s. 58(2) · Police and judicial cooperation
“to ensure that carriers transfer Passenger Name Record … in Gibraltar to the Schengen authorities”
One way: Gibraltar to Spain/EUThe Royal Gibraltar Police must, where necessary on a risk assessment, carry out enhanced police checks in Gibraltar.
Treaty on Gibraltar and the European Union Act 2026, s. 59(2), s. 59(2) · Police and judicial cooperation
“the Royal Gibraltar Police shall, where necessary, on the basis of a risk asse ssment, perform enhanced police checks in Gibraltar”
Not statedEnhanced police checks may take the form of joint operations under Art 58.
Treaty on Gibraltar and the European Union Act 2026, s. 59(3), s. 59(3) · Police and judicial cooperation
“may take the form of joint”
One way: Spain/EU to GibraltarGovernment has power to arrange for EU and EU-country representatives to carry out evaluations of the application of the Schengen Acquis.
Treaty on Gibraltar and the European Union Act 2026, s. 60(2), s. 60(2) · Schengen checks
“Union and Member State representatives may conduct evaluations of the application of the”
One way: Spain/EU to GibraltarGovernment has power to give the evaluators the assistance and facilities needed, including visiting and inspecting the infrastructure in Gibraltar.
Treaty on Gibraltar and the European Union Act 2026, s. 60(3), s. 60(3) · Schengen checks
“visiting and inspecting the infrastructure set up in Gibraltar”
Not statedNothing in Titles I to IV of Part 2 of the Treaty prevents measures to safeguard national security.
Treaty on Gibraltar and the European Union Act 2026, s. 61(2), s. 61(2) · Other
“shall prevent the taking of measures to safeguard national security”
One way: Gibraltar to Spain/EUGovernment must make the notifications and designations referred to in Art 68 and publish them in the Gazette.
Treaty on Gibraltar and the European Union Act 2026, s. 62(2), s. 62(2) · Institutions and disputes
“The Government shall make the notifications and designations referred to in Article 68”
Not statedThe Chief Secretary is the Central Authority for the surrender provisions (Arts 117 to 151).
Treaty on Gibraltar and the European Union Act 2026, s. 63, s. 63 · Police and judicial cooperation
“the Central Authority shall be the Chief Secretary”
Not statedThe magistrates' court is the competent judicial authority for the surrender provisions (Arts 117 to 151).
Treaty on Gibraltar and the European Union Act 2026, s. 64(1), s. 64(1) · Police and judicial cooperation
“court is the competent judicial authority for the purposes of Articles”
Both waysGovernment and public authorities must have regard to the right of each Party to set its policies and priorities, set protection levels and adopt its law in the areas of the level playing field.
Treaty on Gibraltar and the European Union Act 2026, s. 67(2), s. 67(2) · Other
“to the right of each Party to the TGEU”
One way: Spain/EU to GibraltarGovernment must have regard to the EU's commitment to keep its State aid control and apply it to aid granted by an EU country that affects trade in goods or investment between the EU and Gibraltar.
Treaty on Gibraltar and the European Union Act 2026, s. 68(3), s. 68(3) · Taxation
“to any aid granted by a … Member State that has, or could have, an effect on trade in goods or investment between the”
One way: Gibraltar to Spain/EUThe Gibraltar independent state aid authority must cooperate with the European Commission on issues of common interest within their respective functions.
Treaty on Gibraltar and the European Union Act 2026, s. 72(6), s. 72(6) · Taxation
“shall coop erate with the European Commission on issues of common interest within their respective f unctions”
One way: Gibraltar to Spain/EUThe Government or the independent authority may agree with the EU or the Commission a framework for cooperation.
Treaty on Gibraltar and the European Union Act 2026, s. 72(7), s. 72(7) · Taxation
“may agree with the Union or the European Commission a framework regarding cooperation”
One way: Gibraltar to Spain/EUGovernment may initiate or respond to state-aid explanation requests and consultation requests in the EU-UK treaty committee.
Treaty on Gibraltar and the European Union Act 2026, s. 75(2) and (3) · Taxation
“The Government shall have the power to do anything necessary to initiate, or respond to, the process for requesting explanations … to initiate, or cooperate with, the process for requesting consultations within the Specialised Committee on Economy and Trade”
One way: Gibraltar to Spain/EUGovernment may take remedial measures unilaterally and takes part in the process as remediating or responding Party, including arbitration.
Treaty on Gibraltar and the European Union Act 2026, s. 76(3) · Institutions and disputes
“The Government may unilaterally take appropriate remedial measures in accordance with Article 209(3) to (16) … whether as remediating or responding Party”
Not statedTreaty dispute settlement (Title I Part Six) and Act Part 10 apply to disputes over the state-aid and level-playing-field chapter.
Treaty on Gibraltar and the European Union Act 2026, s. 77(2) · Institutions and disputes
“apply to disputes concerning the interpretation and application of Chapter 2 of”
One way: Gibraltar to Spain/EUGovernment shall not lower its 31 December 2020 protection below OECD standards on exchange of tax information, among other tax rules.
Treaty on Gibraltar and the European Union Act 2026, s. 78(2)(a) · Taxation
“The Government shall not weaken or reduce … domestic law on 31 December 2020 below … the exchange of information, whether upon”
One way: Gibraltar to Spain/EUGovernment shall not lower labour and social protection in a way affecting trade or investment between the EU and Gibraltar.
Treaty on Gibraltar and the European Union Act 2026, s. 79(2) · Other
“The Government shall not weaken or reduce, in a manner affecting trade or investment between the Union and Gibraltar”
One way: Gibraltar to Spain/EUGovernment shall use the access, granted by Art 251, to the EU transit system through Spain's IT system.
Treaty on Gibraltar and the European Union Act 2026, s. 82(2)(a) · Customs
“shall make use of the access granted by Article 251 to the European transit and proof of Union status IT system … through the IT system of the Kingdom of Spain”
One way: Spain/EU to GibraltarGovernment shall take all necessary steps so that EU competent authorities have real-time, continuous access to Gibraltar's relevant IT systems.
Treaty on Gibraltar and the European Union Act 2026, s. 82(2)(b) · Customs
“shall take all necessary steps to ensure that competent authorities within the Union … have real time and continuous access to any”
One way: Gibraltar to Spain/EUGovernment may suspend application of the treaty in the Art 252(2) cases; must notify the Cooperation Council and take part in consultations first.
Treaty on Gibraltar and the European Union Act 2026, s. 83(2)-(3) · Customs
“may suspend the application of the TGEU in the circumstances set out in Article 252(2) … subject to the right to unilateral action as provided for in that provision”
One way: Gibraltar to Spain/EUImports of goods from Ceuta and Melilla into Gibraltar get the same treatment as EU law gives them on import into the EU.
Treaty on Gibraltar and the European Union Act 2026, s. 84(2) · Customs
“The import of goods from Ceuta and Melilla … shall be subject to the same treatment as that afforded by Union law to goods”
One way: Gibraltar to Spain/EUGovernment may cooperate with and implement actions of the EU-UK treaty committee on economy and trade.
Treaty on Gibraltar and the European Union Act 2026, s. 85(2) · Institutions and disputes
“and implement any actions of the Specialised Committee on Economy and Trade under Article 254”
One way: Spain/EU to GibraltarGovernment may cooperate with verification activities of EU competent authorities under Art 265(1) and Annex 22.
Treaty on Gibraltar and the European Union Act 2026, s. 86(2) · Customs
“with verification activities of the competent authorities within the Union under Article 265(1)”
Not statedA customs union between Gibraltar and the EU is established under the treaty chapter and the Act.
Treaty on Gibraltar and the European Union Act 2026, s. 88(2) · Customs
“A customs union is hereby established”
Not statedNo customs duties or equivalent charges applied between the EU and Gibraltar.
Treaty on Gibraltar and the European Union Act 2026, s. 91(2) · Customs
“having equivalent effect shall be applied between the Union and Gibraltar”
Not statedNo quantitative restrictions on imports or exports between the EU and Gibraltar.
Treaty on Gibraltar and the European Union Act 2026, s. 92(2) · Customs
“There shall be no quantitative restrictions on imports or exports between the Union and Gibraltar”
One way: Gibraltar to Spain/EUGovernment must use its powers to ensure all physical barriers to movement of goods between the EU and Gibraltar are removed.
Treaty on Gibraltar and the European Union Act 2026, s. 94(2) · Customs
“of goods between the European Union and Gibraltar are removed in accordance with Articles 7 and 246”
Not statedUntil the Art 247(1) decision, goods enter and leave Gibraltar only by land (except travellers' luggage); sea entry/exit allowed in listed cases.
Treaty on Gibraltar and the European Union Act 2026, s. 95(3)-(4) · Customs
“shall be brought into Gibraltar and be exported from Gibraltar only by land”
One way: Gibraltar to Spain/EUWhen the Minister changes transaction tax rates: after 24 months the standard rate is not below the lowest EU country standard VAT rate, and regulations wait until the EU is notified of list changes.
Treaty on Gibraltar and the European Union Act 2026, s. 99(4)(a) and (c)(ii) · Taxation
“lowest standard VAT rate applied by a Member State at that time … the regulations may not come into operation … the European Union has been notified of the changes”
One way: Gibraltar to Spain/EUCollector refunds transaction tax and excise duty on goods exported to the EU if the exporter proves VAT (and excise) was paid in the EU.
Treaty on Gibraltar and the European Union Act 2026, ss. 102(1) and 107(1) · Taxation
“The Collector shall refund the transaction tax charged on a good upon its export to the European Union provided the exporter can prove to the Collector’s satisfaction that VAT has been paid in the European Union … The Collector shall refund the excise duty charged on a good upon its export to the European Union provided the exporter can prove”
One way: Gibraltar to Spain/EUCollector compiles and gives the EU-UK treaty committee on economy and trade quarterly statistics on transaction tax and excise duty paid in Gibraltar.
Treaty on Gibraltar and the European Union Act 2026, s. 111(2) · Taxation
“The Collector shall compile and provide to the Specialised Committee on Economy and Trade statistics on the transaction tax and excise duty paid in Gibraltar on a quarterly basis”
One way: Gibraltar to Spain/EUIf notification is received under Art 249(3), Government may cooperate with the consultative procedure.
Treaty on Gibraltar and the European Union Act 2026, s. 112(2) · Customs
“If notification is received under Article 249(3), the Government shall have the power to do anything necessary to cooperate with the consultative procedure under that provision”
One way: Gibraltar to Spain/EUGovernment may ensure cooperation in customs and indirect taxation under Art 250(2).
Treaty on Gibraltar and the European Union Act 2026, s. 113(2) · Customs
“The Government shall have the power to do anything necessary to ensure cooperation in the area of customs and indirect taxation in accordance with Article 250(2)”
One way: Gibraltar to Spain/EUGovernment and any public authority may provide mutual administrative assistance in customs matters under the customs Protocol.
Treaty on Gibraltar and the European Union Act 2026, s. 113(3) · Customs
“The Government and any public authority shall have the power to do anything necessary to provide mutual administrative assistance in customs matters”
One way: Gibraltar to Spain/EUGovernment and any public authority may cooperate with EU competent authorities on VAT, transaction tax and excise compliance and on recovery of tax claims.
Treaty on Gibraltar and the European Union Act 2026, s. 113(4) · Customs
“The Government and any public authority shall have the power to do anything necessary in order to cooperate with competent authorities within the Union”
Not statedInformation exchanged between EU competent authorities and Gibraltar is subject to the Protocol's, EU and domestic confidentiality rules.
Treaty on Gibraltar and the European Union Act 2026, s. 113(5) · Customs
“Any exchange of information between the … authorities within the Union and the Government and any public authority”
One way: Gibraltar to Spain/EUGovernment and public authorities may cooperate and exchange information with EU competent authorities on non-food product safety and compliance.
Treaty on Gibraltar and the European Union Act 2026, s. 113(6) · Customs
“The Government and any public authority shall have the power to do anything necessary in order to cooperate, and exchange information, with competent authorities within the Union in the area of non-food product safety and compliance”
Not statedEntry into Gibraltar of travellers' goods and pets, and entry and exit of cash, follow Annexes 22 and 23.
Treaty on Gibraltar and the European Union Act 2026, s. 114(2) · Customs
“The entry into Gibraltar of goods carried by travellers in their personal luggage … the entry and exit of cash shall be subject to the provisions set out in Annexes 22 and 23”
One way: Gibraltar to Spain/EUGoods lawfully placed on the market in any EU country are presumed to comply with Gibraltar's rules.
Treaty on Gibraltar and the European Union Act 2026, s. 116(4) · Customs
“goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar”
One way: Gibraltar to Spain/EU'Not for EU' food must be labelled and Government must control it so it cannot be moved to an EU country or placed on the EU market.
Treaty on Gibraltar and the European Union Act 2026, s. 116(6)-(7) · Customs
“must bear a label which clearly states the words "Not for EU" … cannot be subsequently moved to a Member State or placed on the market in the Union, the Government … shall take all necessary steps to carry out”
One way: Gibraltar to Spain/EUFor UK-authorised medicines and devices admitted to Gibraltar, Government must audit and inspect so they cannot move from Gibraltar to the EU or an EU country.
Treaty on Gibraltar and the European Union Act 2026, s. 116(8)(c) and (9)(e) · Customs
“the Government has taken effective … may not be moved from Gibraltar to the Union or be placed on the market in a Member State”
One way: Gibraltar to Spain/EUBefore issuing a new authorisation relating to production or placing on the market of goods, Government must ensure the Art 256(7) information requirement is met.
Treaty on Gibraltar and the European Union Act 2026, s. 116(10) · Customs
“Government shall have the power to do anything necessary to ensure that the information requirement under Article 256(7) is satisfied”
One way: Spain/EU to GibraltarGovernment may take enforcement measures in response to an EU country market surveillance authority's information about non-compliant Gibraltar goods.
Treaty on Gibraltar and the European Union Act 2026, s. 117(3) · Customs
“and necessary enforcement measures in response to a Member State’s market surveillance authority’s information under Article 257(2)”
One way: Gibraltar to Spain/EUGovernment may send a reasoned request to an EU country when imported non-compliant goods need measures within that country's jurisdiction.
Treaty on Gibraltar and the European Union Act 2026, s. 117(4) · Customs
“The Government may initiate the reasoned request process under Article 257(3) … bringing such non-compliance to an end requires measures to be taken within the jurisdiction of a Member State”
Not statedGovernment and relevant public authorities may make arrangements for cooperation with requests under Art 257(4).
Treaty on Gibraltar and the European Union Act 2026, s. 117(5) · Customs
“The Government and any relevant public authority shall have the power to do anything necessary in order to make any required … for cooperation with requests under Article 257(4)”
One way: Gibraltar to Spain/EUGovernment and relevant public authorities may give EU competent authorities the list of existing Gibraltar producers.
Treaty on Gibraltar and the European Union Act 2026, s. 117(6) · Customs
“The Government and any relevant public authority shall have the power to do anything necessary to provide the competent authorities … producers of goods in Gibraltar required by Article 257(5)”
One way: Gibraltar to Spain/EUGovernment may exchange regularly with the EU information on tobacco products imported, sold or exported; provided and exchanged quarterly.
Treaty on Gibraltar and the European Union Act 2026, s. 120(1) and (3) · Tobacco
“in order to exchange regularly with the Union information concerning the amounts of tobacco products imported, sold or exported … shall be provided quarterly and will be exchanged within the first two months”
One way: Gibraltar to Spain/EUGovernment may share with the EU specific information on efforts to prevent and combat fraud and smuggling in Gibraltar.
Treaty on Gibraltar and the European Union Act 2026, s. 120(2) · Tobacco
“The Government shall have the power to share with the Union specific information referring to the efforts made to prevent and combat fraud and smuggling in Gibraltar”
One way: Gibraltar to Spain/EUCollector shall cooperate with EU competent authorities in identifying persons domiciled in their territories who may be responsible for smuggling to or from Gibraltar.
Treaty on Gibraltar and the European Union Act 2026, s. 121(1) · Tobacco
“The Collector shall cooperate with the … authorities within the Union in identifying persons domiciled in their respective territories”
Not statedCooperation 'referred to in subsection (4)' shall be reciprocal and include the actions in PTOB.2(2) and (3) (serving documents, asset information, debt collection, freezing).
Treaty on Gibraltar and the European Union Act 2026, s. 121(2) · Tobacco
“The cooperation referred to in subsection (4) shall be reciprocal and include the actions set out in Article PTOB.2(2) and (3) of the Protocol”
One way: Gibraltar to Spain/EUIf evidence emerges of significant tobacco smuggling into Gibraltar or the surrounding area from any part of Spain, the Collector shall take effective action.
Treaty on Gibraltar and the European Union Act 2026, s. 121(3) · Tobacco
“tobacco products are being smuggled into Gibraltar or the surrounding area from any part of Spain in significant quantities, the Collector shall take effective action to prevent such illicit activity”
Not statedGovernment may enter arrangements setting out practical modalities for applying the tobacco Protocol.
Treaty on Gibraltar and the European Union Act 2026, s. 121(4) · Tobacco
“in order to enter into arrangements to set out the practical modalities for the application of the Protocol”
One way: Gibraltar to Spain/EUCollector shall give EU authorities, for the Spanish market, information from Gibraltar's tobacco traceability system, within 24 hours of a request.
Treaty on Gibraltar and the European Union Act 2026, s. 122(2) · Tobacco
“The Collector shall provide the … of the Union, in respect of the Spanish market, with any information collected by the Gibraltar system … from the receipt of a request”
One way: Gibraltar to Spain/EUGovernment may prohibit cross-border distance sales of tobacco products to consumers.
Treaty on Gibraltar and the European Union Act 2026, s. 124(1)(c) · Tobacco
“prohibit cross-border distance sales of tobacco products to consumers”
Not statedEU law applies to transfer of State-consignment defence goods from Gibraltar to the customs territory of the EU.
Treaty on Gibraltar and the European Union Act 2026, s. 129(5) · Customs
“Union law shall apply to the transfer of such goods from Gibraltar to the customs territory of the Union”
One way: Gibraltar to Spain/EUGovernment may ensure the Art 264(2) list of items and certificate is provided before transfer of State goods.
Treaty on Gibraltar and the European Union Act 2026, s. 129(6) · Customs
“the Government shall have the power to do anything necessary to ensure compliance with the requirements under Article 264(2) for the provision of a list of items and a certificate”
One way: Gibraltar to Spain/EUIndirect-tax transitional exemption for goods with pre-Implementation Date certificates applies only if Government has given EU authorities copies of the certificates.
Treaty on Gibraltar and the European Union Act 2026, s. 130(3) · Customs
“provided that the Government has provided to the competent authorities within the … copies of all such extant certificates together with relevant information”
Not statedAir carriers of the European Union (EU) and of the United Kingdom (UK) may overfly Gibraltar and stop there for non-traffic purposes on a non-discriminatory basis.
Treaty on Gibraltar and the European Union Act 2026, s. 133(2) · Other
“of the Union and the United Kingdom shall be able to exercise on a non-discriminatory basis”
Not statedAir services between Gibraltar airport and points in the EU may be provided only by EU carriers or carriers authorised under EU law, under EU law.
Treaty on Gibraltar and the European Union Act 2026, s. 133(3) · Other
“Air transport services between Gibraltar airport and points in the Union territory may be provided only by air carriers of the Union”
One way: Gibraltar to Spain/EULater EU aviation acts apply at Gibraltar airport where the UK for Gibraltar has notified the EU of acceptance and implementation.
Treaty on Gibraltar and the European Union Act 2026, s. 134(4)(b) · Other
“where the United Kingdom, in respect of … has notified the Union of its acceptance and implementation in accordance with Article 273(5)”
One way: Gibraltar to Spain/EUGibraltar competent authority shall exchange regular information on safety and security with EU competent authorities.
Treaty on Gibraltar and the European Union Act 2026, s. 134(6)(a) · Other
“The competent authority shall, in accordance with Article 273 … authorities of the Union”
One way: Spain/EU to GibraltarGibraltar competent authority shall conduct joint inspection visits to Gibraltar airport to monitor compliance with Annex 25 and security, as per Art 273(7).
Treaty on Gibraltar and the European Union Act 2026, s. 134(6)(b) and (7) · Other
“conduct joint inspection visits to Gibraltar … shall be carried out in accordance with Article 273(7)”
One way: Gibraltar to Spain/EUGovernment may report back to the EU-UK treaty committee on aviation on implementing the joint visits and information exchange.
Treaty on Gibraltar and the European Union Act 2026, s. 134(8) · Other
“necessary to report back on the implementation of Article 273(7) to the Specialised Committee on Aviation”
One way: Spain/EU to GibraltarAn air carrier banned in the EU under Reg (EC) 2111/2005 may not operate to and from Gibraltar airport.
Treaty on Gibraltar and the European Union Act 2026, s. 134(9) · Other
“ban in the Union under Regulation (EC) No.2111/2005 (as amended or replaced in future as … shall not be permitted to operate to and from Gibraltar airport”
Both waysAn air carrier under restrictive measures of the European Union (EU) or of the United Kingdom (UK) may not operate to and from Gibraltar airport.
Treaty on Gibraltar and the European Union Act 2026, s. 134(10) · Other
“measures of the Union or the United Kingdom shall not be permitted to operate to and from Gibraltar airport”
One way: Gibraltar to Spain/EUGovernment may cooperate with and implement actions of the EU-UK treaty committee on aviation.
Treaty on Gibraltar and the European Union Act 2026, s. 136(2) · Institutions and disputes
“to cooperate with and implement any actions of the Specialised Committee on Aviation under Article 275”
Not statedArts 292, 293, 295 and Annex 28 of the treaty (frontier workers) form part of Gibraltar domestic law from the Implementation Date.
Treaty on Gibraltar and the European Union Act 2026, s. 137(2) · Mobility
“of domestic law on and after the Implementation Date … Article 295 and Annex 28”
Not statedThe Social Security Coordination Protocol, Art 298 and Arts 3 and 329 (as they apply to it) form part of Gibraltar domestic law from the Implementation Date.
Treaty on Gibraltar and the European Union Act 2026, s. 138(2) · Social security
“of domestic law on and after the Implementation Date … Articles 3 and 329, so far as applying to the SSC Protocol”
One way: Gibraltar to Spain/EUGovernment shall work with the EU on continuous improvement of international nuclear safety and security standards.
Treaty on Gibraltar and the European Union Act 2026, s. 139(2)(b) and (d) · Environment
“work with the Union on the continuous”
One way: Gibraltar to Spain/EUGovernment may not lower nuclear protection below levels shared by Gibraltar and the EU and applied in Gibraltar until 31 December 2020.
Treaty on Gibraltar and the European Union Act 2026, s. 140(1) · Environment
“the Government shall have power to do anything necessary not to weaken or reduce the levels of protection below … shared by Gibraltar and the Union and applied in respect of Gibraltar until 31 December 2020”
One way: Gibraltar to Spain/EUGovernment may cooperate with the activities referred to in Art 17(6) on the Paris Convention on nuclear third party liability.
Treaty on Gibraltar and the European Union Act 2026, s. 141 · Environment
“necessary in order to cooperate with the activities referred to in Article 17(6)”
Not statedGovernment may maintain and review operational arrangements for nuclear accidents affecting Gibraltar, with regard to Annex 5.
Treaty on Gibraltar and the European Union Act 2026, s. 142(1)-(2) · Environment
“events in, or affecting, Gibraltar … the Government shall have regard to the operational arrangements that are detailed in Annex 5”
One way: Gibraltar to Spain/EUGovernment may do what is necessary on selecting the forum for a dispute under Art 303.
Treaty on Gibraltar and the European Union Act 2026, s. 146(2) · Institutions and disputes
“the Government shall have the power to do anything necessary in connection with the selection of the forum”
One way: Gibraltar to Spain/EUGovernment may take part in dispute consultations under Art 304.
Treaty on Gibraltar and the European Union Act 2026, s. 147(2) · Institutions and disputes
“the Government shall have the power to do anything necessary to participate in”
One way: Gibraltar to Spain/EUGovernment may take part in the arbitration process (Arts 305 to 326), including compliance and costs.
Treaty on Gibraltar and the European Union Act 2026, s. 148(2) · Institutions and disputes
“necessary to participate in the arbitration process set out in those Articles”
Not statedThe Act does not affect rights of persons covered by the withdrawal agreement, EEA EFTA separation agreement or Swiss citizens' rights agreement.
Treaty on Gibraltar and the European Union Act 2026, s. 149 · Mobility
“Nothing in this Act shall affect the rights of any person to whom the provisions of the withdrawal agreement … such persons shall continue to enjoy those rights as provided for under those Agreements”
Not statedGibraltar immigration law does not apply to persons with treaty rights where incompatible, and s. 11 (entry and exit) has no effect where incompatible with Arts 7, 28, 29.
Treaty on Gibraltar and the European Union Act 2026, Schedule 1, paras 6 and 7 · Mobility
“shall not apply to persons having rights under the TGEU in so far as incompatible with those rights … Section 11 of that Act (entry into and exit from Gibraltar) shall have no effect in so far as it is incompatible with Articles 7, 28 and 29”
Not statedAmended definition of 'State' in the Mutual Legal Assistance (International) Act 2005: a State is one party to a mutual legal assistance agreement in criminal matters based on reciprocity listed in Schedule 1, or party to a convention/treaty (Gibraltar deemed a State).
Treaty on Gibraltar and the European Union Act 2026, Schedule 1, para 18(3)(c) · Police and judicial cooperation
“party to an agreement with the Government on … in criminal matters based on the principle of reciprocity, and included in Schedule 1 … Gibraltar is deemed to be a State”
Not statedGibraltar mutual legal assistance extends to criminal proceedings in a State brought by administrative authorities for administrative offences punishable under the law of the requesting State or Gibraltar.
Treaty on Gibraltar and the European Union Act 2026, Schedule 1, para 18(4) · Police and judicial cooperation
“criminal proceedings in a State brought by administrative authorities in respect of acts that are punishable under the law of the requesting State or Gibraltar”
Not statedSection 12(4)(e) of the MLA Act is widened so a request can rest on acts punishable under the law of both the requesting and requested State.
Treaty on Gibraltar and the European Union Act 2026, Schedule 1, para 18(6) · Police and judicial cooperation
“or acts that are punishable under the law of … requesting State and requested State”
Both waysSets the 'reciprocal conditions' under which uninterrupted pursuit may be carried out by Gibraltar authorities in Spain and by Schengen authorities' officers in Gibraltar.
LN 152/2026 reg 5, reg 5 (opening words) · Surveillance and pursuit
“the reciprocal conditions under which uninterrupted pursuit may be lawfully carried out by the Gibraltar competent authorities in Spain, and officers of the Schengen authorities in Gibraltar”
Both waysNotice of intended pursuit must be given as soon as possible, including via the encrypted radio, and no later than entry into the other territory, by whichever authority is entering.
LN 152/2026 reg 5(a), reg 5(a)(i)-(ii) · Surveillance and pursuit
“when the Gibraltar competent authorities are about to enter Spain … when the Schengen authorities are about to enter Gibraltar”
Not statedNotification must include route and reasons; continuous location and activity updates must be given on the encrypted radio frequency.
LN 152/2026 reg 5(b)-(c), reg 5(b), (c) · Surveillance and pursuit
“notification under paragraph (a) must include information on the intended route and the reasons for the pursuit … continuous updates as to location and activity must be provided via the encrypted radio frequency”
Not statedThe competent authorities of the territory where the pursuit is continued may take over; pursuit then ceases and this must be communicated.
LN 152/2026 reg 5(d), reg 5(d) · Surveillance and pursuit
“the competent authorities of the territory where the pursuit is continued may take over the pursuit, at which point the pursuit must cease”
Both waysPursuing officers must comply with the Arrangement and the law of the territory they operate in and obey that territory's authorities.
LN 152/2026 reg 5(e)(i)-(ii), reg 5(e)(i)-(ii) with reg 3 'pursuing officers' · Surveillance and pursuit
“officers of the Royal Gibraltar Police or HM Customs, where the pursuit commences in Gibraltar and continues into Spain … officers of the Schengen authorities, where the pursuit commences in Spain and continues into Gibraltar … obey the instructions of the competent authorities of that territory”
Both waysPursuing officers must be identifiable by uniform, armband or vehicle accessories and able to show official capacity; civilian clothes with unmarked vehicles is prohibited.
LN 152/2026 reg 5(e)(iii)-(iv), (f), reg 5(e)(iii)-(iv), (f) · Surveillance and pursuit
“officers of the Royal Gibraltar Police or HM Customs, where the pursuit commences in Gibraltar and continues into Spain … officers of the Schengen authorities, where the pursuit commences in Spain and continues into Gibraltar … be easily identifiable either by their uniform, by means of an armband or by accessories fitted to vehicles”
Both waysPursuing officers may carry service weapons but may not use them except in legitimate self-defence.
LN 152/2026 reg 5(g), reg 5(g) · Surveillance and pursuit
“officers of the Royal Gibraltar Police or HM Customs, where the pursuit commences in Gibraltar and continues into Spain … officers of the Schengen authorities, where the pursuit commences in Spain and continues into Gibraltar … the pursuing officers may carry their service weapons but such weapons shall not be used except in cases of legitimate self-defence”
Not statedEntry into private homes and places not accessible to the public is prohibited.
LN 152/2026 reg 5(h), reg 5(h) · Surveillance and pursuit
“the entry into private homes and places not accessible to the public is prohibited”
Both waysAt the pursuing officers' request, the competent authorities of the territory where the pursuit continues may challenge the pursued person to establish identity or make an arrest.
LN 152/2026 reg 5(i), reg 5(i) · Surveillance and pursuit
“officers of the Royal Gibraltar Police or HM Customs, where the pursuit commences in Gibraltar and continues into Spain … officers of the Schengen authorities, where the pursuit commences in Spain and continues into Gibraltar … the competent authorities of the territory in which the pursuit is being continued may challenge the individual being pursued”
Both waysUntil the declarations in Arrangement paragraph 6.2 are made, pursuing officers are prohibited from apprehending the person pursued.
LN 152/2026 reg 5(j), reg 5(j) · Surveillance and pursuit
“officers of the Royal Gibraltar Police or HM Customs, where the pursuit commences in Gibraltar and continues into Spain … officers of the Schengen authorities, where the pursuit commences in Spain and continues into Gibraltar … the pursuing officers shall be prohibited from apprehending the individual being pursued”
Both waysAfter each operation the pursuing officers must report to the authorities of the territory entered and remain available until circumstances are clarified, whether or not an arrest was made.
LN 152/2026 reg 5(k), reg 5(k) · Surveillance and pursuit
“submit a report to the Gibraltar competent authorities, where the pursuit continued into Gibraltar … the Schengen authorities where the pursuit continued into Spain”
Both waysThe authorities of the territory entered must assist the enquiry after the operation, including judicial proceedings, when asked.
LN 152/2026 reg 5(l), reg 5(l) · Surveillance and pursuit
“the Schengen authorities, where the pursuit continued into Gibraltar, and the Gibraltar competent authorities where the pursuit continued into Spain, must assist the enquiry”
One way: Gibraltar to Spain/EUGibraltar's competent authority (Attorney General) must cooperate with Eurojust in coordination of prosecuting authorities and execution of third-country requests.
LN 137/2026 reg 8, reg 8 · Police and judicial cooperation
“The competent authority shall cooperate with Eurojust in the fields of activity”
One way: Gibraltar to Spain/EUThe competent authority must liaise directly with the Liaison Prosecutor and Assistants seconded to Eurojust.
LN 137/2026 reg 9(1), reg 9(1) · Police and judicial cooperation
“the competent authority shall liaise directly with the Liaison Prosecutor and Assistants to the Liaison Prosecutor”
One way: Gibraltar to Spain/EUSubject to domestic law, the competent authority must share criminal-record and other register information with the Liaison Prosecutor and Assistants.
LN 137/2026 reg 9(2), reg 9(2) · Police and judicial cooperation
“the competent authority shall share with the Liaison Prosecutor and his Assistants information contained in the criminal records”
One way: Spain/EU to GibraltarThe working documents of the Liaison Prosecutor and Assistants are held inviolable by Eurojust.
LN 137/2026 reg 9(4), reg 9(4) · Police and judicial cooperation
“The working documents of the Liaison Prosecutor and the Liaison Prosecutor's Assistants shall be held inviolable by Eurojust”
One way: Gibraltar to Spain/EUThe competent authority may exchange relevant non-personal data with Eurojust, subject to reg 12 channels and reg 15 restrictions.
LN 137/2026 reg 10, reg 10 · Police and judicial cooperation
“The competent authority may exchange with Eurojust”
One way: Gibraltar to Spain/EUWhen transferring personal data the competent authority must state its purpose; when receiving, it must comply with restrictions on access or further use indicated by Eurojust.
LN 137/2026 reg 11(2), (5), reg 11(2), (5) · Police and judicial cooperation
“it shall clearly indicate, at the latest when transferring personal data, the specific purpose … it shall comply with any restriction on access or further use of the personal data indicated by Eurojust”
Both waysInformation may be exchanged between the Liaison Magistrate (posted by Eurojust to the UK) and the competent authority if necessary, urgent, a Magistrate has been posted and both consider it appropriate.
LN 137/2026 reg 12(2), reg 12(2) · Police and judicial cooperation
“Information may be exchanged between the Liaison Magistrate and the competent authority”
One way: Gibraltar to Spain/EUThe competent authority must not pass Eurojust-provided information to a third country or international organisation without the consent of the Eurojust authority that provided it.
LN 137/2026 reg 13, reg 13 · Police and judicial cooperation
“The competent authority shall not communicate any information provided by Eurojust to any third country or international organisation without the consent of the competent authority of Eurojust”
Both waysWhere damages are paid out of erroneous information, each side can recover from the other: Gibraltar's authority from Eurojust, and Eurojust's competent authority from Gibraltar's.
LN 137/2026 reg 14(1)-(3), (5), reg 14(3) and 14(5) · Police and judicial cooperation
“shall be recoverable by the competent authority from Eurojust … shall be recoverable from the competent authority”
One way: Gibraltar to Spain/EUThe competent authority must comply with the working and administrative arrangements that Eurojust and the UK have agreed shall apply to Gibraltar.
LN 137/2026 reg 16(3), reg 16(3) · Police and judicial cooperation
“The competent authority shall comply with existing working and administrative arrangements”
Both waysPurpose: cooperation between Europol and Gibraltar, and to cooperate mutually in preventing and combating serious crime and terrorism.
LN 138/2026 reg 4, reg 4 · Police and judicial cooperation
“cooperation between Europol and Gibraltar … to mutually cooperate in preventing and combating serious crime, terrorism”
One way: Gibraltar to Spain/EUThe Royal Gibraltar Police must supply Europol with information it needs and ensure effective communication and cooperation with Europol.
LN 138/2026 reg 5(2)(a)-(b), reg 5(2)(a)-(b) · Police and judicial cooperation
“supply Europol with information necessary for it to fulfil its objectives”
One way: Gibraltar to Spain/EUAll communications and notifications by the competent authority must go through the national contact point or the UK liaison officers to Europol, except where direct exchange is allowed under reg 9(2).
LN 138/2026 reg 6, reg 6 · Police and judicial cooperation
“all communications and notifications made by it under these Regulations shall be performed through the national contact point or liaison officers of the United Kingdom to Europol”
Both waysWhere direct exchange is necessary, urgent and appropriate, the competent authority and Europol may communicate directly instead of through the national contact point.
LN 138/2026 reg 9(2), reg 9(2) · Police and judicial cooperation
“the competent authority and Europol may communicate directly instead of via the national contact point”
One way: Spain/EU to GibraltarEU country and third-country liaison officers, representatives of EU country authorities and Europol staff may attend meetings organised by the competent authority.
LN 138/2026 reg 9(4), reg 9(4) · Police and judicial cooperation
“Liaison officers for Member States and third country liaison officers, representatives of competent authorities from Member States and third countries, Europol Staff and other stakeholders may attend meetings”
One way: Gibraltar to Spain/EUSubject to domestic law, the competent authority may transfer and share information from its databases with Europol and process information received from Europol.
LN 138/2026 reg 10(3), reg 10(3) · Police and judicial cooperation
“the competent authority may, for law enforcement purposes- (a) transfer and share information from databases kept by it with Europol”
One way: Gibraltar to Spain/EUWhen sharing information the competent authority must state its purpose; when receiving personal data it must undertake to process it only for the purpose transferred.
LN 138/2026 reg 10(4), (8), reg 10(4), (8) · Police and judicial cooperation
“the competent authority shall clearly indicate, at the latest, at the moment of transferring personal data … the competent authority shall give an undertaking stating that such data will be processed only for the purpose for which they were transferred”
One way: Gibraltar to Spain/EUWithin six months of receiving personal data the competent authority must decide whether it is still needed and inform the transferring authority.
LN 138/2026 reg 10(10), reg 10(10) · Police and judicial cooperation
“shall determine without undue delay, and in any event no later than six months after receipt of the personal data”
One way: Gibraltar to Spain/EUThe competent authority must tell Europol of restrictions it needs on transferred data and must comply with any restriction Europol indicates.
LN 138/2026 reg 11(2)-(3), reg 11(2)-(3) · Police and judicial cooperation
“the competent authority shall inform Europol accordingly … The competent authority shall comply with any restriction on access or further use of the personal data indicated by Europol”
One way: Gibraltar to Spain/EUIf the competent authority thinks Europol's assessment of a source or information is wrong it must tell Europol and try to agree an amendment; it may not change the assessment without agreement.
LN 138/2026 reg 14(3), reg 14(3) · Police and judicial cooperation
“it shall inform Europol and shall attempt to agree on an amendment to the assessment”
One way: Gibraltar to Spain/EUThe competent authority must set up and use secure communication lines with Europol, the national contact point and UK liaison officers.
LN 138/2026 reg 15(2), reg 15(2) · Police and judicial cooperation
“shall establish and use secure communication lines for exchanging information with Europol”
Both waysWhere damages are paid because of wrong information, the competent authority's payout is recoverable by Europol in one case and Europol's payout is recoverable from the competent authority in the other.
LN 138/2026 reg 16(3), (5), reg 16(3) and 16(5) · Police and judicial cooperation
“shall be recoverable by Europol … shall be recoverable from the competent authority”
One way: Gibraltar to Spain/EUThe competent authority must ensure UK liaison officers seconded to Europol for Gibraltar are given speedy and secure access to domestic databases and systems they need.
LN 138/2026 reg 18(1), reg 18(1) · Police and judicial cooperation
“The competent authority shall ensure that liaison officers of the United Kingdom seconded to Europol and responsible for cooperation in respect of Gibraltar are granted speedy and secure access”
One way: Gibraltar to Spain/EUThe competent authority must comply with the working and administrative arrangements that Europol and the UK have agreed apply to Gibraltar.
LN 138/2026 reg 19(2), reg 19(2) · Police and judicial cooperation
“The competent authority shall comply with existing working and administrative arrangements”
One way: Gibraltar to Spain/EUThe competent authority must publish its personal-data processing rules, give a copy to Europol, and send its practical arrangements to Europol and the supervisory authorities.
LN 138/2026 reg 20, reg 20(1), (3) · Police and judicial cooperation
“shall ensure that a copy of that document be provided to Europol … shall send a copy of the practical arrangements referred to in subregulation (2) to Europol”
One way: Gibraltar to Spain/EUA competent authority in Gibraltar may send a request for information to a competent authority of an EU country.
LN 146/2026 reg 5(1), reg 5(1) · Police and judicial cooperation
“a competent authority in Gibraltar may send a request for information to a competent authority of a Member State”
One way: Gibraltar to Spain/EUGibraltar may use information from an EU country only for the supplied purpose, and not in Gibraltar court proceedings without the EU country's consent.
LN 146/2026 reg 5(6)-(7), (9), reg 5(6), (7), (9) · Police and judicial cooperation
“may not use the information for proceedings before a court in Gibraltar … it may only be used before a court in Gibraltar if the transmitting Member State gives consent”
One way: Gibraltar to Spain/EUA competent authority in Gibraltar may, without a prior request, receive relevant information from an EU country authority.
LN 146/2026 reg 5(8), reg 5(8) · Police and judicial cooperation
“may, without the need for any prior request, receive any relevant information from a competent authority of a Member State”
One way: Gibraltar to Spain/EUA Gibraltar authority that receives information from an EU country authority must tell it, if asked, about use and further processing.
LN 146/2026 reg 5(10), reg 5(10) · Police and judicial cooperation
“must give that competent authority, information about the use and further processing of the transmitted information if requested”
One way: Gibraltar to Spain/EUA Gibraltar authority that receives a request from an EU country authority may provide relevant information if it has reasonable grounds to believe it can assist, subject to reg 9.
LN 146/2026 reg 6(1), reg 6(1) · Police and judicial cooperation
“which receives a request for information from a competent authority of a Member State may provide any relevant information to that competent authority”
One way: Gibraltar to Spain/EUSubject to reg 9, a Gibraltar authority may give relevant information to an EU country authority without any request.
LN 146/2026 reg 6(4), reg 6(4) · Police and judicial cooperation
“may, without the need for any prior request, provide such relevant information to a competent authority of a Member State”
One way: Spain/EU to GibraltarWhere an EU country authority wants Gibraltar information used in judicial proceedings, it must show necessity, proportionality and that the measure could be ordered in a similar domestic case.
LN 146/2026 reg 6(7), reg 6(7) · Police and judicial cooperation
“that competent authority must provide information to the competent authority in Gibraltar showing that”
One way: Gibraltar to Spain/EUIn an urgent case the Gibraltar authority must respond to an EU country request as soon as possible or give information without a prior request.
LN 146/2026 reg 7, reg 7 · Police and judicial cooperation
“in an urgent case the competent authority in Gibraltar shall, as soon as possible, respond to a request for information from a competent authority of a Member State”
One way: Gibraltar to Spain/EUOfficial communications and notifications by the Gibraltar authority must be sent in accordance with Article 6(1); urgent operational or logistical matters excepted.
LN 146/2026 reg 8(1), reg 8(1) · Police and judicial cooperation
“Any official communications and notifications under these Regulations must be sent by the competent authority in Gibraltar in accordance with Article 6(1)”
One way: Gibraltar to Spain/EUA Gibraltar authority may refuse to provide information on listed grounds (national security, jeopardising an investigation, disproportionate, etc.); reg 9(2)-(4) add offences punishable by one year or less and third-party consent.
LN 146/2026 reg 9(1), reg 9(1) · Police and judicial cooperation
“A competent authority in Gibraltar may refuse to provide information where it has reasonable grounds to believe”
One way: Gibraltar to Spain/EUIf the Central Authority postpones a request it must tell the foreign competent authority the reasons.
LN 142/2026 s 6A(4) (inserted), reg 5(9), inserting s 6A(4) · Police and judicial cooperation
“it must inform the Competent Authority of- (a) any reasons for the decision”
One way: Gibraltar to Spain/EUThe Gibraltar competent authority may disclose spontaneous information to a State, or receive it from a State; restrictions set by the sending State do not bind unless Gibraltar had prior notice and agreed.
LN 142/2026 s 6B(1)-(3) (inserted), reg 5(9), inserting s 6B · Police and judicial cooperation
“The Gibraltar Competent Authority may - (a) disclose information under this section to a State; or (b) receive information under this section from a State … neither party is bound by any restrictions and conditions imposed on the use of that information by that State”
One way: Gibraltar to Spain/EUThe Central Authority must follow the formalities and procedures in a requesting State's request, unless contrary to fundamental principles of Gibraltar law.
LN 142/2026 s 6D (inserted), reg 5(9), inserting s 6D(1) · Police and judicial cooperation
“the Central Authority must comply with the formalities and procedures expressly indicated in a request from a requesting State”
One way: Gibraltar to Spain/EUA request received under the TGEU from a competent authority must be executed as soon as possible and within 45 days of receipt by the Gibraltar competent authority.
LN 142/2026 s 6F(1) (inserted), reg 5(9), inserting s 6F(1) · Police and judicial cooperation
“A request received from a Competent Authority under the TGEU must be executed as soon as possible, and no later than 45 days from receipt of the request”
One way: Gibraltar to Spain/EUThe Gibraltar competent authority must execute the request within 90 days after the decision in 6F(1) or after consultation.
LN 142/2026 s 6F(2) (inserted), reg 5(9), inserting s 6F(2) · Police and judicial cooperation
“no later than 90 days following the taking of the decision referred to in subsection (1)”
One way: Gibraltar to Spain/EUIf time limits cannot be met, Gibraltar must tell the competent authority without delay, give reasons and consult on timing.
LN 142/2026 s 6F(7) (inserted), reg 5(9), inserting s 6F(7) · Police and judicial cooperation
“must, without delay, inform the Competent Authority by any means, giving the reasons for the delay”
One way: Gibraltar to Spain/EUWhere Gibraltar sends a request, the requested State may be asked to take account of deadlines and urgency and consult if it cannot comply.
LN 142/2026 s 6E(5)-(7) (inserted), reg 5(9), inserting s 6E(5)-(7) · Police and judicial cooperation
“the requested State may be asked in the request to take as full account as possible of”
One way: Spain/EU to GibraltarThe Central Authority must make arrangements to allow representatives, officials or interested persons of the requesting State to be present for execution of letters rogatory in Gibraltar.
LN 142/2026 s 7(1) (substituted), reg 5(10)(a), substituting s 7(1) · Police and judicial cooperation
“the Central Authority must make arrangements to allow representatives, officials or interested persons of the requesting State to be present for the execution of the letters rogatory in Gibraltar”
One way: Gibraltar to Spain/EUFor a Gibraltar investigation, the Central Authority must petition for a court order to transfer a person in custody in a State to Gibraltar; Gibraltar bears the transfer costs.
LN 142/2026 s 9A (inserted), reg 5(13), inserting s 9A(1), (7) · Police and judicial cooperation
“the Central Authority must petition the court for an order providing that the person in custody in that State be temporarily transferred for this purpose … must be borne by the Government of Gibraltar”
Not statedCosts of transferring a sentenced person for sentence review fall on the sentencing State when Gibraltar is State B, and on the Government of Gibraltar when Gibraltar is the sentencing State.
LN 142/2026 s 9B (inserted), reg 5(13), inserting s 9B(7) and (15) · Police and judicial cooperation
“must be borne by the sentencing State … must be borne by the Government of Gibraltar”
One way: Gibraltar to Spain/EUWhere Gibraltar is State B, the Central Authority may petition for a court order to send a sentenced person temporarily to the sentencing State for sentence review.
LN 142/2026 s 9B(2) (inserted), reg 5(13), inserting s 9B(2) · Police and judicial cooperation
“the Central Authority may petition the court for an order that the sentenced person whose personal appearance is applied for by the sentencing State”
One way: Gibraltar to Spain/EUWhere a foreign competent authority requests help for a witness in Gibraltar at risk, the Central Authority must endeavour to agree protection measures with it.
LN 142/2026 s 10A(1) (inserted), reg 5(14), inserting s 10A(1) · Police and judicial cooperation
“the Central Authority, with the assistance of the Gibraltar Competent Authority, must endeavour to agree measures with the Competent Authority for the protection of the witness”
One way: Gibraltar to Spain/EUWhere Gibraltar makes a request about a witness at risk who is in a requested State, the Central Authority must request protection measures from that State's competent authority.
LN 142/2026 s 10B (inserted), reg 5(14), inserting s 10B · Police and judicial cooperation
“must request measures from the Competent Authority for the protection of the witness concerned”
One way: Gibraltar to Spain/EUOn a foreign request for a video hearing of a witness in Gibraltar, the Central Authority must (unless inappropriate) nominate a court and make arrangements; the court must agree practicalities with the foreign competent authority and may order the witness to attend.
LN 142/2026 s 10C(5)-(6) (inserted), reg 5(14), inserting s 10C · Police and judicial cooperation
“it must by notice in writing- (a) nominate a court where the person may be heard”
One way: Spain/EU to GibraltarIn a video hearing held in Gibraltar, the hearing must be conducted by or under the direction of the foreign competent authority under the requesting State's law.
LN 142/2026 s 10C(9)(e) (inserted), reg 5(14), inserting s 10C(9)(e) · Police and judicial cooperation
“the hearing must be conducted directly by, or under the direction of, the Competent Authority in accordance with the laws of the requesting State”
One way: Gibraltar to Spain/EUA Gibraltar judge or justice may request assistance from the requested State for a video hearing of a witness there, if consent, legal and fairness requirements are met.
LN 142/2026 s 10D(2) (inserted), reg 5(14), inserting s 10D(2) · Police and judicial cooperation
“a judge or justice of the peace may request assistance under this section from the requested State”
One way: Spain/EU to GibraltarIn a video hearing held in the requested State for Gibraltar proceedings, the foreign competent authority must be present and responsible for identity and its own fundamental principles.
LN 142/2026 s 10D(5)(a) (inserted), reg 5(14), inserting s 10D(5)(a) · Police and judicial cooperation
“the Competent Authority must be present during the hearing”
One way: Gibraltar to Spain/EUThe Gibraltar nominated court must give effect to a foreign request for a witness in Gibraltar to give evidence by telephone if the witness agrees and it is not contrary to Gibraltar's fundamental principles.
LN 142/2026 s 10E(4) (inserted), reg 5(14), inserting s 10E(4) · Police and judicial cooperation
“The nominated court must give effect to a request under this section if the conditions in subsection (5) can be satisfied”
One way: Spain/EU to GibraltarIn a telephone hearing held in the requested State for Gibraltar proceedings, the foreign competent authority must be present.
LN 142/2026 s 10F(5)(a) (inserted), reg 5(14), inserting s 10F(5)(a) · Police and judicial cooperation
“the Competent Authority must be present during the hearing, where necessary assisted by an interpreter”
One way: Gibraltar to Spain/EUA Gibraltar freezing-of-evidence order for evidence in a requested State must be sent to the Central Authority for forwarding to the foreign competent authority within 14 days, or sent directly by the court.
LN 142/2026 s 10H(1) (inserted), reg 5(14), inserting s 10H(1) · Police and judicial cooperation
“An order made under section 10G is to be sent to the Central Authority for forwarding to the Competent Authority before the end of the period of 14 days”
One way: Spain/EU to GibraltarWhere a foreign competent authority's freezing order about evidence in Gibraltar is received, a nominated Gibraltar court must give effect to it by issuing a warrant authorising a police officer to enter, search and seize.
LN 142/2026 ss 10J(1), 10L(1) (inserted), reg 5(14), inserting ss 10J-10L · Police and judicial cooperation
“Section 10K applies where a freezing order made by a Competent Authority is received by the Central Authority … The nominated court is to give effect to the freezing order by issuing a warrant authorising a police officer”
One way: Spain/EU to GibraltarThe Gibraltar court may decline to give effect to a foreign freezing order only for previous acquittal or conviction, or incompatibility with the Gibraltar Constitution Order 2006.
LN 142/2026 s 10K(4) (inserted), reg 5(14), inserting s 10K(4) · Police and judicial cooperation
“The court may decide not to give effect to the freezing order only if, in its opinion, one of the following conditions apply”
One way: Gibraltar to Spain/EUIf Gibraltar postpones a foreign freezing order, a report with grounds and expected duration must be made to the foreign competent authority.
LN 142/2026 s 10M(2) (inserted), reg 5(14), inserting s 10M(2) · Police and judicial cooperation
“A report on the postponement of the execution of the freezing order, including the grounds for the postponement”
One way: Gibraltar to Spain/EUThe Gibraltar court may order seized evidence sent to the foreign competent authority, and may send it directly.
LN 142/2026 s 10N(3) (inserted), reg 5(14), inserting s 10N · Police and judicial cooperation
“The court may upon an application under subsection (2) order that the evidence seized by the police officer be sent to the Competent Authority”
One way: Gibraltar to Spain/EUIf a Royal Gibraltar Police seconded member of a joint investigation team causes injury, loss or damage in another State, the RGP must repay that State on request the sum it paid.
LN 142/2026 s 10R(1) (inserted), reg 5(14), inserting s 10R(1) · Police and judicial cooperation
“the Royal Gibraltar Police must pay to the State on request and on provision of satisfactory evidence”
One way: Gibraltar to Spain/EUIf a seconded member of another State's joint investigation team causes injury, loss or damage in Gibraltar, the Royal Gibraltar Police must provide evidence and seek payment from that State.
LN 142/2026 s 10S(1) (inserted), reg 5(14), inserting s 10S(1) · Police and judicial cooperation
“the Royal Gibraltar Police must- (a) provide satisfactory evidence to that State”
One way: Gibraltar to Spain/EUThe Central Authority may authorise controlled deliveries in or through Gibraltar; the police or customs chief must ensure the next transit State has been notified and accepts monitoring; no foreign law enforcement body gains rights, and operations stay under Gibraltar command.
LN 142/2026 s 10T (inserted), reg 5(14), inserting s 10T(2), (5), (7) · Police and judicial cooperation
“The Central Authority may authorise controlled deliveries in, or through Gibraltar … they must ensure that the next State of transit has been notified and accepts responsibility for the monitoring”
One way: Gibraltar to Spain/EUThe Central Authority may seek a requested State's consent for a controlled delivery on or through its territory.
LN 142/2026 s 10U (inserted), reg 5(14), inserting s 10U · Police and judicial cooperation
“The Central Authority may seek the consent of a requested State for a controlled delivery”
One way: Gibraltar to Spain/EUNo personal data protected under Gibraltar law may be sent in executing a request from a State that is not party to the Data Protection Convention, unless Gibraltar's data controller is satisfied of equivalent protection.
LN 142/2026 s 10W (inserted), reg 5(14), inserting s 10W · Police and judicial cooperation
“No personal data may be transmitted or sent as part of the execution of a request from a State where”
One way: Spain/EU to GibraltarWhere the requesting State knows the person served may not understand the documents, it must provide a translation or a translation of the essential parts in the request.
LN 142/2026 s 12(1A) (inserted), reg 5(15), inserting s 12(1A) · Police and judicial cooperation
“the requesting State must provide in the request”
One way: Gibraltar to Spain/EUIf a request's confidentiality cannot be ensured the Central Authority must promptly inform the requesting State, which decides whether to proceed.
LN 142/2026 s 12A(2) (inserted), reg 5(16), inserting s 12A(2) · Police and judicial cooperation
“the Central Authority must promptly inform the requesting State and the requesting State must determine whether”
One way: Gibraltar to Spain/EUThe Central Authority may seek reimbursement from another State of certain costs (experts, custody transfers, extraordinary costs, video/telephone costs) and must consult the requesting State on extraordinary costs.
LN 142/2026 s 13(2)-(4) (substituted), reg 5(17), substituting s 13 · Police and judicial cooperation
“The Central Authority may seek the reimbursement of the following costs and expenses from another State”
One way: Gibraltar to Spain/EUIf Gibraltar uses a different measure from the one in the request it must first inform the competent authority, and must notify it if no measure can achieve the result.
LN 142/2026 s 22(4)-(5) (inserted), reg 5(19), inserting s 22(4)-(5) · Police and judicial cooperation
“it must first inform the Competent Authority”
One way: Gibraltar to Spain/EURequests from a competent authority for database information, hearing a witness or suspect in Gibraltar, non-coercive measures, or identifying phone or IP subscribers must not be refused.
LN 142/2026 s 22(6) (inserted), reg 5(19), inserting s 22(6) · Police and judicial cooperation
“requests for the following measures must not be refused where a request is received from a Competent Authority”
One way: Gibraltar to Spain/EUThe Central Authority must inform the competent authority without delay where a request is incomplete or manifestly incorrect, or further enquiries may be appropriate.
LN 142/2026 s 23 (inserted), reg 5(19), inserting s 23 · Police and judicial cooperation
“The Central Authority must, by any means and without due delay, inform the Competent Authority”
One way: Gibraltar to Spain/EUIn addition to Convention grounds, a TGEU request may be refused for ne bis in idem, including decisions by courts in Gibraltar, an EU country or the UK.
LN 142/2026 s 24(1) (inserted), reg 5(19), inserting s 24(1) · Police and judicial cooperation
“a request under the TGEU may be refused where the execution of the request would be contrary to the principle of ne bis in idem”
One way: Gibraltar to Spain/EURequests from EU country authorities to the Central Authority must get the same priority as a domestic case.
LN 143/2026 art 6(3), art 6(3) · Police and judicial cooperation
“Requests sent from the competent authorities of a Member State to the Central Authority must be given the same priority as”
One way: Gibraltar to Spain/EUOn an Appropriate officer's application, a judge may request assistance from an EU country where the judge believes there is evidence there.
LN 143/2026 art 7(1), art 7(1) · Police and judicial cooperation
“a judge may request assistance from a Member State under this article where the judge believes that there is evidence in that Member State”
One way: Gibraltar to Spain/EUIn urgent cases the court may receive a request directly from a judicial authority in a requesting State and send one directly to the requested State's judicial authority, with copies to the Central Authority or the EU country authorities.
LN 143/2026 art 8(4), art 8(4) · Police and judicial cooperation
“the court may- (a) receive a request directly from a judicial authority in a requesting State; and (b) send a request directly to the judicial authority of the requested State”
One way: Gibraltar to Spain/EURequests to Gibraltar must be in English or certified translation; requests sent to an EU country must be in its notified official language(s).
LN 143/2026 art 9(4)-(5), art 9(4)-(5) · Police and judicial cooperation
“All requests to Gibraltar should be made in English or accompanied by a certified translation into English”
One way: Gibraltar to Spain/EUA police or customs officer may exchange with, and receive from, EU country authorities information on instrumentalities, proceeds and property liable to confiscation.
LN 143/2026 art 12, art 12(2)-(3) · Police and judicial cooperation
“A police officer or a customs officer may exchange information or evidence with the competent authorities in a Member State”
One way: Gibraltar to Spain/EUThe court may decide not to execute an EU country request on listed grounds; the Central Authority must give reasons for any refusal, postponement or conditions.
LN 143/2026 art 13, art 13(2), (6) · Police and judicial cooperation
“The court may decide not to execute a request from a Member State if”
One way: Gibraltar to Spain/EUIf a request is likely to be refused or postponed the Central Authority must consult the requesting State about partial grant or conditions.
LN 143/2026 art 14(3), art 14(3) · Police and judicial cooperation
“the Central Authority must consult the requesting State to consider whether the request may be granted in part”
One way: Gibraltar to Spain/EUThe Central Authority may amend a request or add information within the period set by the requested State when asked.
LN 143/2026 art 15(3), art 15(3) · Police and judicial cooperation
“The Central Authority may amend a request or provide additional information within the time-period stipulated by that requested State”
One way: Gibraltar to Spain/EUThe Central Authority must tell the requesting State promptly if it cannot keep a request confidential, and must comply with confidentiality required by the EU country for spontaneous information.
LN 143/2026 art 16(4), (7), art 16(4), (7) · Police and judicial cooperation
“it must promptly inform the requesting State … it must comply with any requirement of confidentiality as required by the Member State”
One way: Gibraltar to Spain/EUThe Central Authority must promptly tell the requesting State of action taken, outcome, refusal, postponement, impossibility or delay.
LN 143/2026 art 18(2), art 18(2) · Police and judicial cooperation
“The Central Authority must promptly inform the requesting State of-”
Both waysThe requested State bears ordinary costs of executing a request; for substantial or extraordinary costs the parties must consult in advance.
LN 143/2026 art 19, art 19(2)-(3) · Police and judicial cooperation
“The ordinary costs of executing a request must be borne by the requested State … the parties must consult each other in advance-”
Both waysRequested and requesting State must consider consulting each other on apportioning damages; where Government is sued it must endeavour to inform an EU country.
LN 143/2026 art 20, art 20(2)-(3) · Police and judicial cooperation
“the requested State and the requesting State must consider consulting each other … must endeavour to inform a Member State of the proceedings”
Not statedThe Central Authority may make execution of a request conditional on the requesting State agreeing not to use the evidence for another purpose; where a requested State imposes the same condition on a request from Gibraltar, the Central Authority must agree.
LN 143/2026 art 17(2), (4), art 17(2), (4) · Police and judicial cooperation
“The Central Authority may make the execution of a request conditional on the requesting State agreeing … the Central Authority must agree to this condition”
One way: Gibraltar to Spain/EURequests from EU country authorities to the Central Authority must get the same priority as a domestic case.
LN 144/2026 art 6(3), art 6(3) · Police and judicial cooperation
“Requests sent from the competent authorities of a Member State to the Central Authority must be given the same priority as”
One way: Gibraltar to Spain/EUOn an Appropriate officer's application, a judge may request assistance from an EU country where the judge believes there is evidence there.
LN 144/2026 art 7(1), art 7(1) · Police and judicial cooperation
“a judge may request assistance from a Member State under this article where the judge believes that there is evidence in that Member State”
One way: Gibraltar to Spain/EUIn urgent cases the court may receive a request directly from a judicial authority in a requesting State and send one directly to the requested State's judicial authority, with copies to the Central Authority or the EU country authorities.
LN 144/2026 art 8(4), art 8(4) · Police and judicial cooperation
“the court may- (a) receive a request directly from a judicial authority in a requesting State; and (b) send a request directly to the judicial authority of the requested State”
One way: Gibraltar to Spain/EURequests to Gibraltar must be in English or certified translation; requests sent to an EU country must be in its notified official language(s).
LN 144/2026 art 9(4)-(5), art 9(4)-(5) · Police and judicial cooperation
“All requests to Gibraltar should be made in English or accompanied by a certified translation into English”
One way: Gibraltar to Spain/EUA police or customs officer may exchange with, and receive from, EU country authorities information on instrumentalities, proceeds and property liable to confiscation.
LN 144/2026 art 12, art 12(2)-(3) · Police and judicial cooperation
“A police officer or a customs officer may exchange information or evidence with the competent authorities in a Member State”
One way: Gibraltar to Spain/EUThe court may decide not to execute an EU country request on listed grounds; the Central Authority must give reasons for any refusal, postponement or conditions.
LN 144/2026 art 13, art 13(2), (6) · Police and judicial cooperation
“The court may decide not to execute a request from a Member State if”
One way: Gibraltar to Spain/EUIf a request is likely to be refused or postponed the Central Authority must consult the requesting State about partial grant or conditions.
LN 144/2026 art 14(3), art 14(3) · Police and judicial cooperation
“the Central Authority must consult the requesting State to consider whether the request may be granted in part”
One way: Gibraltar to Spain/EUThe Central Authority may amend a request or add information within the period set by the requested State when asked.
LN 144/2026 art 15(3), art 15(3) · Police and judicial cooperation
“The Central Authority may amend a request or provide additional information within the time-period stipulated by that requested State”
One way: Gibraltar to Spain/EUThe Central Authority must tell the requesting State promptly if it cannot keep a request confidential, and must comply with confidentiality required by the EU country for spontaneous information.
LN 144/2026 art 16(4), (7), art 16(4), (7) · Police and judicial cooperation
“it must promptly inform the requesting State … it must comply with any requirement of confidentiality as required by the Member State”
One way: Gibraltar to Spain/EUThe Central Authority must promptly tell the requesting State of action taken, outcome, refusal, postponement, impossibility or delay.
LN 144/2026 art 18(2), art 18(2) · Police and judicial cooperation
“The Central Authority must promptly inform the requesting State of-”
Both waysThe requested State bears ordinary costs of executing a request; for substantial or extraordinary costs the parties must consult in advance.
LN 144/2026 art 19, art 19(2)-(3) · Police and judicial cooperation
“The ordinary costs of executing a request must be borne by the requested State … the parties must consult each other in advance-”
Both waysRequested and requesting State must consider consulting each other on apportioning damages; where Government is sued it must endeavour to inform an EU country.
LN 144/2026 art 20, art 20(2)-(3) · Police and judicial cooperation
“the requested State and the requesting State must consider consulting each other … must endeavour to inform a Member State of the proceedings”
Not statedThe Central Authority may make execution of a request conditional on the requesting State agreeing not to use the evidence for another purpose; where a requested State imposes the same condition on a request from Gibraltar, the Central Authority must agree.
LN 144/2026 art 17(2), (4), art 17(2), (4) · Police and judicial cooperation
“The Central Authority may make the execution of a request conditional on the requesting State agreeing … the Central Authority must agree to this condition”
One way: Gibraltar to Spain/EUThe Central Authority must comply with formalities in a requesting State's request that are necessary under that State's law, unless contrary to Gibraltar's fundamental principles.
LN 145/2026 art 10(2), art 10(2) · Police and judicial cooperation
“the Central Authority must comply with these formalities or procedures”
One way: Gibraltar to Spain/EUOn an EU country request for provisional measures (Art 169), the Central Authority must act without delay with domestic priority and confirm; where property may imminently be removed, it must take all necessary steps within 96 hours.
LN 145/2026 art 13(2)-(3), art 13(2)-(3) · Police and judicial cooperation
“the Central Authority must take all necessary steps to seek the execution of the request, within 96 hours from receipt of the request”
One way: Gibraltar to Spain/EUAfter a request is executed by a requested State, the Central Authority must give it all information that may modify the measures; and must give a requesting State a chance to be heard before seeking to vary an order.
LN 145/2026 art 13(6)-(7), art 13(6)-(7) · Police and judicial cooperation
“the Central Authority must provide the requested State … the Central Authority must wherever possible give a requesting”
One way: Gibraltar to Spain/EUOn a confiscation request (Art 171) the Central Authority must decide whether to seek execution within 45 days and confirm to the requesting State.
LN 145/2026 art 14(2), art 14(2) · Police and judicial cooperation
“make a decision as to whether it will take steps to seek execution of a confiscation order without delay, and no later than 45 days after receiving the request”
One way: Spain/EU to GibraltarA Gibraltar court is bound by findings of fact stated in a conviction or judgment of a court of the requesting State.
LN 145/2026 art 14(6), art 14(6) · Police and judicial cooperation
“A court shall be bound by the findings of facts insofar as these are stated in any conviction or judgment made by court of the requesting State”
One way: Gibraltar to Spain/EUWhere a Gibraltar confiscation order obtained for an EU country request yields more than 10,000 Euros the Central Authority must transfer 50% to that EU country's authorities; 10,000 Euros or less is kept.
LN 145/2026 art 15(4), art 15(4) · Police and judicial cooperation
“the Central Authority must transfer to the competent authorities in a Member State 50% (fifty per cent) of the amount obtained, unless otherwise agreed”
One way: Gibraltar to Spain/EUThe Central Authority must consult the EU country if recovery may exceed the order, and the requesting State if executing a measure poses a real risk to fundamental rights.
LN 145/2026 art 16(3)-(4), art 16(3)-(4) · Police and judicial cooperation
“it shall consult the Member State to avoid the confiscation order having this effect”
One way: Gibraltar to Spain/EUWhen seeking to comply with an Art 171 request the Central Authority must not seek imprisonment in default or other liberty-restricting measures without the requesting State's consent.
LN 145/2026 art 17(2), art 17(2) · Police and judicial cooperation
“must not apply for an order from the court that a defendant be committed to prison for default”
One way: Spain/EU to GibraltarGibraltar's service rules do not prohibit judicial officers or officials of an EU country from serving judicial documents in Gibraltar through consular or judicial authorities.
LN 145/2026 art 19(3)(b), art 19(3)(b) · Police and judicial cooperation
“the possibility for judicial officers, officials or other competent authorities from the Member State to effect service of judicial documents”
One way: Gibraltar to Spain/EUWhere the Central Authority serves judicial documents on a person in an EU country, copies must be sent to the EU country's competent authorities.
LN 145/2026 art 19(5), art 19(5) · Police and judicial cooperation
“copies of these documents must be sent to the competent authorities in the Member State by the Central Authority”
One way: Spain/EU to GibraltarThe Gibraltar court must recognise an EU country judicial authority's decision on third-party rights unless a ground in art 20(3) applies.
LN 145/2026 art 20(2), art 20(2) · Police and judicial cooperation
“the court must recognise the decision unless one of the grounds of refusal in paragraph (3) applies”
One way: Gibraltar to Spain/EUThe Central Authority must promptly tell the requesting State of action, result, refusal, postponement or delay, and tell the requested State of anything that makes a Gibraltar confiscation order unenforceable.
LN 145/2026 art 22(2)-(3), art 22(2)-(3) · Police and judicial cooperation
“The Central Authority must promptly inform the requesting State of the following … The Central Authority must promptly inform the requested State of-”
Both waysThe requested State bears ordinary costs; for substantial costs the parties must consult in advance.
LN 145/2026 art 25, art 25(2)-(3) · Police and judicial cooperation
“The ordinary costs of executing a request must be borne by the requested State … the parties must consult each other in advance”
Both waysRequested and requesting State must consider consulting each other on apportioning damages; where Government is sued it must endeavour to inform an EU country.
LN 145/2026 art 26, art 26(2)-(3) · Police and judicial cooperation
“the requested State and the requesting State must consider consulting each other … they must endeavour to inform a Member State of the proceedings”
One way: Spain/EU to GibraltarWhere Gibraltar is the requested State, no challenge to the substantive reasons for an EU country judicial authority's order (Arts 169-172) may be considered by a Gibraltar court.
LN 145/2026 art 27(2), art 27(2) · Police and judicial cooperation
“No challenge to the substantive reasons in relation to which an order pursuant to Articles 169 to 172 has been made by a judicial authority in a Member State, may be considered by a court”
One way: Gibraltar to Spain/EURegistrar of the Gibraltar beneficial-ownership register may give access to AML-regulated entities in countries or territories outside Gibraltar that show a need for customer due diligence.
LN 147/2026 reg 4(4) (UBO Regulations 2017), reg 26ZZA(4)(d) · Other
“the following natural or legal persons are deemed to have a legitimate interest … entities subject to AML/CFT/CPF requirements in countries or territories outside Gibraltar”
One way: Gibraltar to Spain/EURegistrar may give register access to anti-money-laundering competent authorities in countries or territories outside Gibraltar, for a specific case.
LN 147/2026 reg 4(4) (UBO Regulations 2017), reg 26ZZA(4)(e) · Other
“competent authorities with AML/CFT/CPF responsibilities in countries or territories outside Gibraltar that can demonstrate the need to access the information in sub-regulations (1) and (2)”
One way: Gibraltar to Spain/EURegistrar must not disclose the identity of a foreign financial intelligence or investigating authority given access, for a period it asks for (up to five years); that authority must tell the Registrar the period and reasons.
LN 147/2026 reg 4(4) (UBO Regulations 2017), reg 26ZZA(9) to (11) · Other
“The Registrar must not disclose the identity of any relevant foreign authority which has been given access to beneficial ownership information … a relevant foreign authority must inform the Registrar of”
One way: Gibraltar to Spain/EURegistrar may refuse register access to an applicant outside Gibraltar where answering would not comply with Chapter V (transfers) of the Gibraltar GDPR.
LN 147/2026 reg 4(4) (UBO Regulations 2017), reg 26ZZB(9)(e) · Other
“where the applicant is in a country or territory outside Gibraltar and responding to the request to access information would not comply with the provisions of Chapter V of the Gibraltar GDPR”
One way: Gibraltar to Spain/EUGibraltar virtual-asset service provider with a correspondent relationship with an entity outside Gibraltar must carry out extra due diligence on that respondent.
LN 147/2026 reg 3(4) (Proceeds of Crime Act 2015), s. 19B(1) of the Proceeds of Crime Act 2015 · Other
“outside Gibraltar must, in addition to the customer due diligence requirements under sections 10 to 13”
Both waysPart 7 sets the arrest-warrant surrender framework between all EU countries on one side and Gibraltar on the other.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 3(1A) (inserted by reg 5(4)) · Police and judicial cooperation
“all Member States, on the one hand, and Gibraltar, on the other”
Not statedCooperation through arrest warrants must be necessary and proportionate, having regard to the person's rights, victims, seriousness, likely penalty and less coercive measures.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 55(2) · Police and judicial cooperation
“Cooperation through arrest warrants must be necessary and pro portionate”
Both waysAn arrest warrant may be issued only for acts punishable under the issuing State's law carrying 12 months or more, or where a sentence of at least 4 months has been imposed.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 56(2) with s. 53(1) · Police and judicial cooperation
“An arrest warrant may be issued for acts which are punishable under the law of the issuing State … means the Member State, or Gibraltar whose judicial authority issued the arrest warrant”
One way: Gibraltar to Spain/EUGibraltar must not surrender a person to an issuing State unless the acts are also an offence under Gibraltar law (dual criminality).
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 56(3) · Police and judicial cooperation
“a person must not be surrendered to an issuing State unless the acts for which an arrest warrant is issued and transmitted to the Central Authority under section 61”
One way: Gibraltar to Spain/EUGibraltar's Central Authority must not refuse to execute a warrant for terrorism or listed serious offences punishable by 12 months or more, subject to ss. 70, 92, 93(2)(b)-(h) and 94.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 56(4) · Police and judicial cooperation
“the Central Author ity must not refuse to execute an arrest warrant”
One way: Gibraltar to Spain/EUDual criminality in s. 56(3) 'will not be applied', 'on the basis of reciprocity', for listed offences or offences punishable by at least 3 years in the issuing State.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 57(2) · Police and judicial cooperation
“on the basis of reciprocity, the condition of dual criminality in section 56(3) will not be applied”
One way: Gibraltar to Spain/EUConsent to prosecution or sentence for earlier other offences is presumed given on surrender, unless the Gibraltar magistrates' court says otherwise in its decision on surrender.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 57(3) · Police and judicial cooperation
“consent is presumed to have b een given for the prosecution … unless in a particular case the magistrates' court states otherwise in its decision on surrender”
One way: Gibraltar to Spain/EUGibraltar magistrates' court may, on the Attorney General's application, issue an arrest warrant for a person who is not in Gibraltar, if necessary, proportionate and meeting s. 56.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 58(1) · Police and judicial cooperation
“may, upon an application made by or on be half of the Attorney General, issue an arrest warrant in respect of a person”
One way: Gibraltar to Spain/EUGibraltar's Central Authority may give an executing State more information on request, urgently and within the time set by the executing judicial authority.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 58(2) · Police and judicial cooperation
“the Central Authority may provide an executing State with additional information upon a request from that State”
One way: Gibraltar to Spain/EUA Gibraltar warrant must be translated into an official language of the executing State.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 60(2) · Police and judicial cooperation
“must be translated i nto the official language or one of the official languages of an executing State”
One way: Gibraltar to Spain/EUGibraltar's Central Authority must send the first transmission of a Gibraltar warrant to the central authority of the EU country under the Article 6(1) arrangements; the court may send direct to the executing State's authorities if the person's location is known.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 61(2) · Police and judicial cooperation
“must be sent by the Central Authority to the central authority of a Member State in accordance with the arrangements set out in Article 6(1)”
One way: Gibraltar to Spain/EUIf Gibraltar does not know which authority will execute, its Central Authority must make enquiries of the authorities in the executing State.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 62(2) · Police and judicial cooperation
“must make the necessary enquiries to obtain that information from the authorities in the executing State”
Both waysDifficulties over transmission or authenticity of a warrant are resolved by direct communication between the issuing and executing judicial authorities, with the central authorities if needed.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 62(3) and s. 69(9) · Police and judicial cooperation
“and executing judicial authority, and where appropriate the involvement of the Central Authority or the central authority of a Member State”
One way: Spain/EU to GibraltarExecuting judicial authority or the EU country's central authority must send all information on the length of the person's detention to Gibraltar's court at the time of surrender (Gibraltar then credits it against any sentence, s. 65(2)).
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 65(3) · Police and judicial cooperation
“must be transmitted by the executing judicial authority or the central authority of a Member State, to the magist rates' court at the time of surrender”
One way: Gibraltar to Spain/EUA person surrendered to Gibraltar on a warrant is not to be prosecuted or detained for earlier other offences unless consent is presumed or given, or a listed exception applies.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 66(2) · Police and judicial cooperation
“not be proceeded against, sentenced, or detained for the purposes of executing a sentenc e or detention order”
One way: Gibraltar to Spain/EUGibraltar's Central Authority may ask the executing judicial authority for consent to proceed for other offences; the request must be in writing, with the Article 125(1) information and a translation if needed.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 66(5) · Police and judicial cooperation
“Central Authority may request consent f rom the executing judicial authority”
Not statedA person surrendered to Gibraltar must not be extradited to a third country or surrendered to the United Kingdom (UK) without consent of the executing judicial authority that ordered the surrender.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 67(5) · Police and judicial cooperation
“must not be extradited to a third country or surrendered to the United Kingdom, without the consent of the executing judicial authority which ordered the surrender”
One way: Gibraltar to Spain/EUGibraltar's magistrates' court may ask the executing judicial authority to seize and hand over property that is evidence or proceeds of the offence, even if surrender cannot happen.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 68(2) · Police and judicial cooperation
“may request that the executing judicial authority seize and hand over property”
One way: Gibraltar to Spain/EUGibraltar's authorised person must return, free of charge to the executing State, property handed over to Gibraltar where the executing State or a third party keeps rights in it, after the proceedings end.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 68(6) · Police and judicial cooperation
“must return property handed over under this section, without charge to the executing State”
One way: Gibraltar to Spain/EUA person for whom an issuing State's judicial authority has issued a warrant 'shall, subject to and in accordance with the provisions of this Part, be arrested and surrendered to the issuing State'.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 69(1) · Police and judicial cooperation
“that person shall, subject to and in accordance with the provisions of this Part, be arrested and surrendered to the issuing State”
One way: Spain/EU to GibraltarWarrants from issuing States must be sent to Gibraltar's Central Authority under the Article 6(1) arrangements; Interpol is an alternative channel.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 69(2) · Police and judicial cooperation
“warrants must be transmitted to the Central A uthority in accordance with the arrangements referred to in Article 6(1)”
One way: Spain/EU to GibraltarGibraltar's Central Authority may accept a warrant only if it meets Article 125(1) and is in English or comes with an English translation.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 69(6) · Police and judicial cooperation
“may only accept an arrest warrant by, or on behalf of, the issuing judicial authority … is in English or is accompanied by a translation in English”
One way: Gibraltar to Spain/EUAn authority in Gibraltar that gets a warrant it cannot act on must pass it on and tell the issuing judicial authority it has done so.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 69(8) · Police and judicial cooperation
“shall notify the issuing judicial authority that it has done so”
One way: Spain/EU to GibraltarExecution of a received warrant may be made subject to the issuing State having a review or clemency procedure where the offence carries a life sentence.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 70(3) · Police and judicial cooperation
“the issuing Sta te must have provisions in its legal system for”
One way: Spain/EU to GibraltarIf the person is a Gibraltar resident or 'British national' (registered under the Gibraltarian Status Act), the issuing State must return them to Gibraltar to serve a custodial sentence, with the person's consent where needed.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 70(4) and (5) · Police and judicial cooperation
“the issuing Stat e must, after the person is heard, be returned to Gibraltar in order to serve a custodial sentence or detention order passed against them in the issuing State”
One way: Gibraltar to Spain/EUGibraltar's magistrates' court may, before deciding, require guarantees from the issuing State about treatment after surrender where there are substantial grounds for a real risk to fundamental rights.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 70(6) · Police and judicial cooperation
“may require, as appropriate, and prior to deciding whether to execute an arrest warrant, any guarantees from the issuing State”
One way: Gibraltar to Spain/EUA Gibraltar police officer may arrest without warrant on reasonable belief a warrant has been or will be issued; the issuing State must send the warrant to Gibraltar's Central Authority within 48 hours of the arrest, or the person is discharged on application.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 72(1) and (3) · Police and judicial cooperation
“A police officer may arrest a person without a warrant if … an arrest warrant must be transmitted to the Central A uthority by the issuing State within 48 hours of the arrest”
Both waysWhere a requested person does not consent to surrender, the Gibraltar court hearing is held under Gibraltar law, with any conditions mutually agreed between the issuing and executing judicial authorities.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 76(3) · Police and judicial cooperation
“conditions mutually agreed between the issuing judicial authority and the executing judicial authority”
One way: Gibraltar to Spain/EUIf the court cannot decide within the time limit (10 days after consent, or 60 days after arrest), it must immediately tell the issuing judicial authority the reasons and may extend by 30 days.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 75(7) and s. 76(10) · Police and judicial cooperation
“must immediately inform the issuing judicial authority giving the reasons for delay … must immediately inform the issuing judicial authority giving re asons for the delay”
One way: Gibraltar to Spain/EUGibraltar's court may require the issuing State to give extra documents or information urgently, within a period the court sets.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 77(3) · Police and judicial cooperation
“require the issuing State to provide it with such additional docum entation or information as necessary”
Both waysFor a prosecution warrant, the court must either hold the hearing or agree to temporary transfer; both the Gibraltar court and the issuing judicial authority must agree the conditions and duration.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 78(2) and (3) · Police and judicial cooperation
“both the magistrates' court and the issuing judicial authority must by mutual agreement decide the conditions and the duration of the temporary transfer”
One way: Gibraltar to Spain/EUGibraltar may surrender only if the issuing State's law bars proceeding for earlier other offences, or the issuing authority gives a written undertaking to that effect.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 79(2) · Police and judicial cooperation
“shall not be surrendered under this Chapter unless … an undertaking in writing is received by the magistrates' cour t from the issuing judicial authority”
One way: Gibraltar to Spain/EUGibraltar's court or Central Authority must give consent to a request for other offences where those offences are themselves surrenderable, must refuse on Article 119 grounds, may refuse on Articles 120 and 122(2), and must decide within 30 days.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 80(4) · Police and judicial cooperation
“consent must be given where the offence for which it is reque sted is itself subject to surrender … the magistrates' court must make a decision no later than 30 days after receipt of a request from the issuing judicial authority”
Not statedA person Gibraltar has surrendered must not be surrendered by the issuing State to another EU country for earlier offences without consent of the Gibraltar court that surrendered them, save listed exceptions.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 81(2) · Police and judicial cooperation
“shall not be surrendered to a Member State other than t he issuing State … without the consent of the executing judicial authority which surrendere d the person”
One way: Gibraltar to Spain/EUGibraltar's magistrates' court must give consent where the offence is itself surrenderable, must refuse on Article 119 grounds, may refuse on Articles 120 and 122(2), and must decide within 30 days.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 81(6) · Police and judicial cooperation
“must provide its consent to a request where the offence for which it is requested is itself subject to surrender”
Both waysThe issuing State and the executing State must contact each other as soon as it appears a person is to be released for non-surrender in time, and agree surrender arrangements.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 82(8) · Police and judicial cooperation
“The issuing State and the executing State must contact each othe r as soon as it appears”
One way: Gibraltar to Spain/EUSurrender must take place within 10 days of the order made on consent, as agreed between the issuing and executing State; if not, the court must contact the issuing judicial authority and fix a new date within 10 days.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 82(2) and (3) · Police and judicial cooperation
“no later than 10 days after the order made under section 75 … immediately contact the issuing judicial authority and agree on a new surrender date”
One way: Gibraltar to Spain/EUThe Gibraltar court may postpone surrender so the person can be prosecuted or serve a sentence in Gibraltar, or surrender temporarily on conditions agreed with the issuing authority and binding on all competent authorities in the issuing State.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 83(2) to (4) · Police and judicial cooperation
“may, after deciding to execute the ar rest warrant received under section 69, postpone the surrender of the requested person … be binding on all the competent authorities in the issuing State”
One way: Gibraltar to Spain/EUGibraltar's court or Central Authority must send all information on the length of the person's detention to the issuing judicial authority at the time of surrender.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 84(2) · Police and judicial cooperation
“all information concerning the duration of the detention of the requested person on the basis of the arrest warrant shall be transmitted by the magistrates' court or the Central Authority to the issuing judicial authority”
One way: Gibraltar to Spain/EUGibraltar's search and seizure powers are available for a received warrant; property that is evidence or proceeds must be handed over to the person the issuing State authorises, even if surrender fails by death or escape.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 85(2) and (3) · Police and judicial cooperation
“must, if a pe rson is surrendered under this Act, be handed over … to any person duly authorised by the issuing State to receive it”
One way: Gibraltar to Spain/EUTransit through Gibraltar of a person surrendered from one State to another must be permitted on request of the issuing State to the Central Authority with the identity, warrant, offence and circumstances details.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 87(2) · Police and judicial cooperation
“shall be permitted where the Central Authori ty receives a request in that behalf from the issuing State”
One way: Spain/EU to GibraltarIf an aircraft carrying a surrendered person lands unscheduled in Gibraltar, the issuing State must give the Central Authority the transit information on or soon after landing.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 87(6)(b) · Police and judicial cooperation
“the issuing State must, upon its landing or as soon as may practicable be after it lands, provide the Central Authorit y with the information in subsection (2)”
One way: Gibraltar to Spain/EUWhere Gibraltar has several warrants for the same person from different issuing States, the court decides which to deal with, having regard to seriousness, place and date of offences and purpose.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 88(3) and (4) · Police and judicial cooperation
“the court shall decide, having regard to all the circumstances”
One way: Gibraltar to Spain/EUThe Gibraltar magistrates' court must notify the issuing judicial authority immediately of its decision on the warrant.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 91(2) · Police and judicial cooperation
“shall notify the issuing judicial authorit y immediately of the decision on the action to be taken”
Not statedA person must not be surrendered if immune by amnesty, if there is a final judgment on the same act in Gibraltar, the UK or an EU country, or if too young to be prosecuted in Gibraltar.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 92(2) · Police and judicial cooperation
“A person must not be surrendered under this Part if”
Not statedExecution of a received warrant may be refused if the act is not an offence under the law of the executing State (dual criminality), subject to s. 93(3).
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 93(2)(a) · Police and judicial cooperation
“the act on which the arrest w arrant is based does not constitute an offence under the law of the executing State”
Not statedExecution cannot be refused for lack of dual criminality where the conduct relates to a tax or duty, or customs or exchange regulations, even if Gibraltar has no equivalent rules.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 93(3) · Police and judicial cooperation
“The execution of the arrest warrant must not be refused under subsection … if the conduct which constitutes the offence relates to a t ax or duty”
One way: Gibraltar to Spain/EUWhere Gibraltar is executing a sentence warrant and the person is a Gibraltar-ID British national or a person staying in or resident in Gibraltar, execution may be refused if the court orders the sentence be served under Gibraltar law (after the person's consent if required).
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 93(2)(g) and (4) · Police and judicial cooperation
“the arrest warrant has been issued for the purposes of the execution of a custodial sentence or detention order and where the executing State is Gibraltar”
Not statedExecution may be refused if the offence is deemed committed in whole or part in Gibraltar, or was committed outside the issuing State and Gibraltar law would not allow prosecution of the same offence committed abroad.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 93(2)(h) · Police and judicial cooperation
“are deemed by the law of Gibraltar as having been committ ed in whole or in part in Gibraltar … law of Gibraltar does not permit prosecution for the same offence if committed outside”
One way: Gibraltar to Spain/EUWhere Gibraltar is the executing State, execution cannot be refused because the person is a British national, a resident of Gibraltar or a person staying in Gibraltar.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 94(3) · Police and judicial cooperation
“the execution of an a rrest warrant cannot be refused on the grounds that the requested person is a British national, a resident of Gibraltar, or a person staying in Gibraltar”
One way: Gibraltar to Spain/EUIf Gibraltar's Central Authority refuses a warrant because the issuing State made an Article 122(2) notification, the Attorney General must consider prosecuting the British national, resident or person staying in Gibraltar, taking the issuing State's views into account, and give victims reasons or assist victims and witnesses.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 94(4) and (5) · Police and judicial cooperation
“Where the Central Authority refuses to execute an arrest warrant on the basis that an issuing State has made a notification under Article 122(2) … the Attorney General shall consider in accordance with Article 122(3)”
Not statedExecution cannot be refused because the offence is regarded as political, connected with a political offence, or politically inspired.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 94(2) · Police and judicial cooperation
“may not be refused on the grounds that the offence may be deemed by the executing State as a political off”
One way: Gibraltar to Spain/EUWhere the power to waive an immunity lies with an authority of an EU country, the UK, a third country or an international organisation, Gibraltar's court must ask that authority to waive it when Gibraltar has issued the warrant.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 95(4) and (5) · Police and judicial cooperation
“waive the privilege or immunity preventing the execution of the arrest warrant”
One way: Spain/EU to GibraltarIf the Gibraltar court discharges the person at the surrender hearing, the issuing State may appeal to the Supreme Court on law or fact, and later to the Privy Council with leave.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 98(1) · Police and judicial cooperation
“issuing State which issued the arrest warrant may appeal to the Supreme Court against the relevant decision”
Not statedExecution of a sentence warrant after trial in absentia may be refused unless the warrant states the procedural requirements in s. 93(5) were met.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 93(2)(j) with (5) · Police and judicial cooperation
“unless the arrest warrant states that the procedural requirements in subsection (5) have been complied with”
Both waysGibraltar cannot claim its costs of executing a warrant from the issuing State; the Government is not liable for costs an EU country incurs in executing a Gibraltar warrant. Other costs fall on the issuing State.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 110(2) and (3) · Police and judicial cooperation
“Expenses incurred in Gibraltar in relation to the execution of an arrest warrant from an issuing State may not be claimed from that issuing State … The Government shall not be liable for expenses incurred in a Member State”
Both waysFrom the date of entry into force, Part 7 replaces the extradition obligations between Gibraltar and EU countries under the 1957 Convention and the Terrorism Convention, so far as extradition is concerned.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 111(2) · Police and judicial cooperation
“this Part replaces the obligations between Gibraltar and Membe r States relating to extradition”
Both waysPart 7 applies to European arrest warrants issued before 31 December 2020 by an issuing State or the Gibraltar magistrates' court if the person has not been arrested by the date of entry into force.
LN 171/2026 reg 5(36) (Extradition Arrest Warrant Act 2004, Part 7), s. 113(2) · Police and judicial cooperation
“by an issuing State or the magistrates' court before 31 December”
One way: Gibraltar to Spain/EUGibraltar's designated person must give the details of an EU country national's conviction in Gibraltar to Gibraltar's central authority, to notify the EU country's central authority within 28 days of the conviction being recorded.
LN 213/2026, reg 6(2) and (4) · Police and judicial cooperation
“The designated person must provide the central authority for Gibraltar with details of the conviction so that it may notify the central authority of the relevant Member State … Notification under this regulation must be given to the relevant Member State before the end of the period of 28 days”
One way: Spain/EU to GibraltarWhen an EU country's central authority notifies Gibraltar of the conviction of a Gibraltar Resident, the designated person must keep a record of it.
LN 213/2026, reg 7(1) and (2) · Police and judicial cooperation
“the central authority of the Member State notifies the central authority for Gibraltar of the conviction … The designated person must, on receipt of the information from the central authority for Gibraltar, retain a record of”
One way: Gibraltar to Spain/EUData notified by an EU country about a Gibraltar Resident's conviction may go to a third country (any place other than Gibraltar or an EU country) only on case-by-case conditions, use within the limits the EU country specified, and safeguards.
LN 213/2026, reg 8(1) and (3)(d) · Police and judicial cooperation
“may not be transferred to a third country unless the conditions in subregulation (3) are met … within the limits sp ecified by the Member State from which the personal data was received”
One way: Gibraltar to Spain/EUGibraltar's designated person may, for law enforcement purposes, ask an EU country's central authority (via Gibraltar's central authority) for details of overseas convictions recorded in that EU country.
LN 213/2026, reg 9(1) · Police and judicial cooperation
“make a request to the central authority of a Member State, via the central authority for Gibraltar, for information relating to any overseas conviction”
One way: Gibraltar to Spain/EUIf an EU country national asks Gibraltar for their overseas convictions, the designated person must send a request to that EU country's central authority (to each of them if more than one nationality).
LN 213/2026, reg 9(2) and (3) · Police and judicial cooperation
“the designated person must make a request, via the central authority for Gibraltar, to the central authority of that Member State”
One way: Gibraltar to Spain/EUInformation an EU country supplies to Gibraltar may be used only for the purpose requested and within any restrictions the EU country's central authority specified (except to prevent an immediate and serious threat to public security).
LN 213/2026, reg 9(4) · Police and judicial cooperation
“in accordance with any restrictions specified b y the central authority that provided it”
One way: Gibraltar to Spain/EUWhen an EU country's central authority asks Gibraltar's central authority for convictions information for law enforcement purposes (or for a Gibraltar Resident's own request) and the data are held, the designated person must supply it within 20 working days.
LN 213/2026, reg 10(1) to (4) · Police and judicial cooperation
“the central authority of a Member State makes a request to the central authority for Gibraltar for information relating to an individual's convictions … the designated person must, after receipt of the request from the central authority for Gibraltar, provide the information … the period of 20 working days beginning with the day on which the central authority for Gibraltar receives the request”
One way: Gibraltar to Spain/EUGibraltar need not give information on a spent conviction, unless the request is for a criminal investigation or proceedings, or (for child-work suitability) it concerns a child sexual offence whether or not spent.
LN 213/2026, reg 10(5) and (6) · Police and judicial cooperation
“does not require the desig nated person to provide any information relating to a conviction that is spent unless”
One way: Gibraltar to Spain/EUGibraltar's requests to EU countries must use the standard electronic form (Annex A) in one of the official languages of the requested EU country.
LN 213/2026, reg 11(2) · Police and judicial cooperation
“in the standardised electronic format according to the model form set out in Annex A of Schedule 2 in one of the official languages of the requested Member State”
One way: Gibraltar to Spain/EUGibraltar's replies to EU country requests must use the standard form with a list of convictions, in English or another language accepted for UK-EU country exchange.
LN 213/2026, reg 11(3) · Police and judicial cooperation
“in either English or in any other language acce pted for the exchange of criminal record information between the United Kingdom and Member States”
One way: Gibraltar to Spain/EUGibraltar's designated person must give the EU-UK treaty committee on the circulation of persons, via Gibraltar's central authority, lists of its offences and penalties, and regularly update them.
LN 213/2026, reg 12(1) and (4) · Police and judicial cooperation
“shall provide, via th e central authority for Gibraltar, to the Specialised Committee on the Circulation of Persons”
One way: Spain/EU to GibraltarA person entering or leaving Gibraltar at a border crossing point is subject to checks by a Gibraltar immigration officer and also by a Schengen authorities officer.
LN 165/2026, reg 5(1) · Schengen checks
“border control checks carried out by an officer of the Schengen … in accordance with the Schengen Borders Code and related Union law.”
Not statedFailing to undergo the checks is an offence (fine, level 3); permission to enter Gibraltar is conditional on complying with both checks.
LN 165/2026, reg 5(2) and (3) · Schengen checks
“commits an offence and shall be liable on … Permission to enter Gibraltar is conditional upon the person complying with both”
One way: Spain/EU to GibraltarSchengen authorities officers may be present at Gibraltar Airport outside the Second Line Checks Area: inside the Schengen immigration booths, or outside them if accompanied by a police officer, to supervise e-gates and escort passengers to the second line area.
LN 165/2026, reg 6(3) · Schengen checks
“Officers of the Schengen authorities may be present at”
One way: Spain/EU to GibraltarA Schengen authorities officer in the immigration booths may be in uniform; outside the booths and outside the second line area the officer must be in civilian clothes and suitably identified.
LN 165/2026, reg 6(4) · Schengen checks
“must be in civilian clothes and be suitably identified.”
One way: Spain/EU to GibraltarSchengen entry and exit first-line checks at Gibraltar Airport take place at Schengen immigration booths or Schengen e-gates, depending on the passenger.
LN 165/2026, reg 6(1) and (2) · Schengen checks
“shall take place either- … at the Schengen immigration booths; or”
One way: Spain/EU to GibraltarPassengers and crew arriving at the Port who must undergo Schengen entry checks are transported to Gibraltar Airport by Gibraltar immigration officers, accompanied by Schengen authorities officers, for the checks.
LN 165/2026, reg 7(1) · Schengen checks
“by immigration officers, accompanied by officers of the Schengen”
One way: Gibraltar to Spain/EUWhere a Schengen alert for arrest applies and the person has not objected to arrest or detention on entry, the person will be removed to Spain.
LN 165/2026, reg 10(4) · Schengen checks
“the person will be removed to Spain.”
One way: Gibraltar to Spain/EUPerson who objects to arrest on entry and chooses refusal of entry must be returned to origin or exit to Spain; if exiting to Spain a police officer escorts the person and holds custody until the exit.
LN 165/2026, reg 10(2), (3) and (6) · Schengen checks
“shall be escorted by a police officer, and shall be deemed to be in his custody, until he exits to Spain.”
One way: Gibraltar to Spain/EUOn exit checks, where a Schengen alert for arrest applies and the person has not objected to arrest or detention, the person will be removed to Spain.
LN 165/2026, reg 11(4) · Schengen checks
“the person will be removed to Spain.”
One way: Gibraltar to Spain/EUWhere a Schengen alert for arrest competes with a Gibraltar alert, the Schengen alert takes precedence and the person is removed to Spain (default removal presumption), subject to Supreme Court applications.
LN 165/2026, reg 12(2) · Schengen checks
“The Schengen alert shall take precedence and the person shall be removed to Spain;”
One way: Gibraltar to Spain/EUFor a Gibraltar resident subject to a Schengen alert for arrest, the action can only be carried out by the Royal Gibraltar Police, which on request of the Schengen authorities carries out the requested action.
LN 165/2026, reg 15(2) and (3) · Schengen checks
“may only be carried out by the Royal Gibraltar Police. … shall upon request of the Schengen authorities and following”
One way: Gibraltar to Spain/EUThe Commissioner of Police must notify the Schengen authorities of the coercive action carried out with a view to fast extradition.
LN 165/2026, reg 15(4) · Schengen checks
“shall notify the Schengen authorities of the coercive action”
One way: Spain/EU to GibraltarA person refused entry is escorted to the carrier jointly by police officers and Schengen authorities officers through a secure corridor, under operational cooperation set up under paragraph 1 of the Administrative Arrangement.
LN 165/2026, reg 17(2) · Schengen checks
“the escort shall be conducted jointly by police officers and officers of the Schengen”
One way: Gibraltar to Spain/EUWhere a person is transferred to Gibraltar custody, the Government must give the Spanish authorities frequent updates of the case and cooperate with the Schengen authorities.
LN 165/2026, reg 18(9) · Schengen checks
“provide the Spanish authorities with frequent updates of the … cooperate with the Schengen authorities.”
Both waysThe competent authorities of Gibraltar and the Schengen authorities conduct joint maritime patrols in jointly crewed vessels at the borders of both Gibraltar and the surrounding area of Spain.
LN 165/2026, reg 19(1) · Schengen checks
“the competent authorities of Gibraltar and the Schengen authorities shall conduct joint maritime patrols … at the borders of both Gibraltar and the surrounding area of Spain.”
Not statedIf arrest or detention is necessary during border surveillance, it is done by the competent authority of the territory where the person was apprehended, under that territory's laws.
LN 165/2026, reg 19(2) · Schengen checks
“this shall be done by the competent authority of the territory where … in accordance with the laws of that territory.”
Both waysWhere Gibraltar competent authorities or the Schengen authorities intend to carry out border surveillance, they inform the Working Group in advance of route, duration and objectives.
LN 165/2026, reg 19(3) · Schengen checks
“Where the competent authorities of Gibraltar or the Schengen authorities intend to carry out border surveillance, … they shall inform the Working Group in advance”
Both waysThe competent authorities of Gibraltar and the Schengen authorities engaged in border surveillance provide the Working Group with continuous updates on location and activity via encrypted radio.
LN 165/2026, reg 19(4) · Schengen checks
“The competent authorities of Gibraltar and the Schengen … will provide the Working Group with continuous updates on location and activity”
Both waysWhere detailed communication and coordinated action is necessary between Gibraltar's competent authorities and the Schengen Authorities, it is done via designated contact points or stationed personnel in the Second Line Checks Area.
LN 165/2026, reg 19(5) · Schengen checks
“competent authorities of Gibraltar and the Schengen Authorities or for operational security … this will be done via the designated contact points or stationed personnel in the Second”
One way: Spain/EU to GibraltarThe area shaded blue in the plan is the Second Line Checks Area for the functions to be carried out by the Schengen Authorities under the TGEU; the area shaded green is Gibraltar's own.
LN 149/2026, reg 3(b) · Schengen checks
“the area shaded in blue in the plan in the Schedule is the Second Line Checks Area … for the purposes of the functions to be carried out by the Schengen Authorities”
One way: Gibraltar to Spain/EUAny form, notification or other information given to the Gibraltar Port competent authority must be transferred by the master (or person in charge of the vessel) to the Schengen Authority simultaneously and without delay.
LN 221/2026, reg 11(1) · Schengen checks
“must be transferred by the master or where there is no master, the person in charge … of the vessel, to the Schengen Authority simultaneously and without delay.”
One way: Gibraltar to Spain/EUA carrier responsible for a flight from outside the Schengen area arriving in Gibraltar must transfer a copy of the passenger data sent to the Principal Immigration Officer to the Schengen Authority simultaneously and without delay.
LN 202/2026, rule 3A(1) (inserted into Immigration (Passenger Data) Rules 2014) · Schengen checks
“A carrier responsible for a flight originating outside the Schengen area and … shall transfer a copy of the relevant information sent to the … Principal Immigration Officer under rule 3(1) to the Schengen Authority”
One way: Gibraltar to Spain/EUThe captain of a private flight arriving from or departing to a third country must transmit a general declaration to the Principal Immigration Officer and the Schengen Authority, simultaneously and before take-off.
LN 202/2026, rule 3B(1) (inserted) · Schengen checks
“transmit to the Principal Immigration Officer and the Schengen Authority a general declaration.”
One way: Gibraltar to Spain/EUAir carriers must use the push method to transfer the same PNR data given to Gibraltar authorities to the Schengen Authority.
LN 203/2026, rule 6(1A) (inserted into Immigration (Passenger Name Record) Rules 2018) · Schengen checks
“Air carriers shall use the … to transfer the same PNR data transferred under subrule (1) to the Schengen Authority.”
One way: Gibraltar to Spain/EUAir carriers must use the push method to transfer the same API data given to Gibraltar authorities to the Schengen Authority, however collected.
LN 203/2026, rule 6(2A) (inserted) · Schengen checks
“Air carriers shall use the … to transfer the same API data transferred under subrule (2) to the Schengen Authority,”
One way: Gibraltar to Spain/EUGibraltar names the Director of Immigration and Home Affairs as the UK competent authority for Article 50(9) of the treaty.
LN 237/2026, Art 50(9) notification (s.62(2) Act; Art 68(1)) · Other
“Notification of the competent authority of the United Kingdom, in respect of Gibraltar, for the purposes of Article 50(9) of the Agreement. … Department of Immigration and Home Affairs”
One way: Gibraltar to Spain/EUGibraltar names the Director of Immigration and Home Affairs as the UK competent authority for Article 51(10) of the treaty.
LN 237/2026, Art 51(10) notification (Art 68(1)) · Other
“Notification of the competent authority of the United Kingdom, in respect of Gibraltar, for the purposes of Article 51(10) of the Agreement. … Department of Immigration and Home Affairs”
One way: Spain/EU to GibraltarJoint patrols and joint operations in Gibraltar need the prior express authorisation of the Gibraltar competent authority and stay under its exclusive command and Gibraltar law.
LN 237/2026, Art 58(2) declaration (Art 68(2)): authorisation and command · Police and judicial cooperation
“Joint patrols and other joint operations in Gibraltar may take place only with the prior, express authorisation of the competent authority. … All such operations shall remain under the exclusive command, direction and operational control of the competent authority and shall be governed exclusively by Gibraltar law.”
One way: Spain/EU to GibraltarOfficers seconded by another EU country may not exercise independent police, investigative, coercive or enforcement powers in Gibraltar.
LN 237/2026, Art 58(2) declaration: no independent powers · Police and judicial cooperation
“Officers seconded by another Member State shall not exercise any independent police, investigative, coercive or enforcement powers.”
One way: Spain/EU to GibraltarSeconded officers of another EU country may not wear uniform or carry firearms or other equipment unless the Gibraltar competent authority authorises in writing for a specific operation.
LN 237/2026, Art 58(2) declaration: uniform, firearms · Police and judicial cooperation
“They shall not be uniformed or carry firearms or other defensive or offensive equipment unless expressly authorised in writing by the competent authority for a specific operation.”
One way: Spain/EU to GibraltarSeconded officers must comply with Gibraltar law and are subject to its criminal jurisdiction without immunity; the seconding EU country stays liable for them and must cooperate fully in investigations.
LN 237/2026, Art 58(2) declaration: Gibraltar law, jurisdiction, liability · Police and judicial cooperation
“Seconded officers shall comply with Gibraltar law, remain subject to its criminal jurisdiction without immunity … the seconding Member State shall remain responsible and liable for the conduct of its officers and cooperate fully in any investigation or proceedings arising from their participation.”
One way: Gibraltar to Spain/EUGibraltar names the Royal Gibraltar Police (Force Intelligence Unit) as the UK competent authority in respect of Gibraltar for Article 74(a) of the treaty.
LN 237/2026, Art 74(a) notification (Art 68(9)(a)) · Police and judicial cooperation
“Notification of the competent authority of the United Kingdom, in respect of Gibraltar, for the purposes of Part II, Title V, Chapter 2 of the Agreement and in respect of Article 74(a) of the Agreement.”
One way: Gibraltar to Spain/EUGibraltar names the HM Attorney General for Gibraltar (Office of Criminal Prosecutions & Litigation) as the UK competent authority in respect of Gibraltar for Article 90(d) of the treaty.
LN 237/2026, Art 90(d) notification (Art 68(9)(b)) · Police and judicial cooperation
“Notification of the competent authority of the United Kingdom, in respect of Gibraltar, for the purposes of Part II, Title V, Chapter 3 of the Agreement and in respect of Article 90(d) of the Agreement.”
One way: Gibraltar to Spain/EUGibraltar names the Magistrates' Court as the UK competent authority in respect of Gibraltar for Article 117 of the treaty.
LN 237/2026, Art 117 notification (Art 68(9)(c) and (d)) · Police and judicial cooperation
“Notification of the competent authority of the United Kingdom, in respect of Gibraltar, for the purposes of executing and issuing an arrest warrant”
One way: Gibraltar to Spain/EUGibraltar names the Chief Secretary as the UK competent authority in respect of Gibraltar for Article 124(1) of the treaty.
LN 237/2026, Art 124(1) notification (Art 68(6)(b)) · Police and judicial cooperation
“Notification of the competent authority of the United Kingdom, in respect of Gibraltar, for the purposes of Article 124(1) of the Agreement.”
One way: Gibraltar to Spain/EUGibraltar names the Chief Secretary as the UK competent authority in respect of Gibraltar for Article 142(4) of the treaty.
LN 237/2026, Art 142(4) notification (Art 68(9)(e)) · Police and judicial cooperation
“Notification of the competent authority of the United Kingdom, in respect of Gibraltar, for the purposes of Article 142(4) of the Agreement.”
One way: Gibraltar to Spain/EUGibraltar will not apply the double-criminality condition in Article 118(2) on the basis of reciprocity, if the conditions in Article 118(4)(a) and (b) are satisfied.
LN 237/2026, Art 118(4) notification (Art 68(6)(a)) · Police and judicial cooperation
“On the basis of reciprocity, the condition of double criminality, referred to in Article 118(2), will not be applied provided that the conditions in Article 118(4)(a) and (b) are satisfied.”
One way: Gibraltar to Spain/EUConsent to surrender may be revoked before the Gibraltar magistrates' court; the court records the revocation and orders surrender to the issuing State, with remand in custody.
LN 237/2026, Art 130(4) notification (Art 68(3)) · Police and judicial cooperation
“consent to surrender may be revoked by the person named in the arrest warrant before the magistrates’ court”
One way: Gibraltar to Spain/EUConsent is presumed for prosecution or sentencing for an earlier offence other than the one for which the person was surrendered, unless the magistrates' court states otherwise.
LN 237/2026, Art 144(1) notification (Art 68(6)(d)) · Police and judicial cooperation
“Consent is presumed to have been given for the prosecution, sentencing or detention of a person”
One way: Gibraltar to Spain/EUGibraltar will extend Article 165 of the treaty to accounts held in non-bank financial institutions.
LN 237/2026, Art 165(4) notification (Art 68(6)) · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, will extend Article 165 of the Agreement to accounts held in non-bank financial institutions.”
One way: Gibraltar to Spain/EUGibraltar will extend Article 166 of the treaty to accounts held in non-bank financial institutions.
LN 237/2026, Art 166(5) notification (Art 68(6)) · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, will extend Article 166 of the Agreement to accounts held in non-bank financial institutions.”
One way: Gibraltar to Spain/EUGibraltar will extend Article 167 of the treaty to accounts held in non-bank financial institutions.
LN 237/2026, Art 167(5) notification (Art 68(6)) · Police and judicial cooperation
“The United Kingdom, in respect of Gibraltar, will extend Article 167 of the Agreement to accounts held in non-bank financial institutions.”
One way: Gibraltar to Spain/EUGibraltar will, on the basis of reciprocity, not apply the double-criminality condition in Article 176(1)(b) if the conditions in Article 176(2)(a) and (b) are met.
LN 237/2026, Art 176(2) notification (Art 68(6)(i)) · Police and judicial cooperation
“will, on the basis of reciprocity, not apply the condition of double criminality in Article 176(1)(b)”
One way: Gibraltar to Spain/EUGibraltar names the Minister for Justice for requests generally and HM Customs Gibraltar for customs matters as competent authorities for Article 182(1).
LN 237/2026, Art 182(1) notification (Art 68(9)(f)) · Police and judicial cooperation
“Notification of the competent authorities of the United Kingdom, in respect of Gibraltar, for the purposes of Article 182(1) of the Agreement. … b) for customs matters in Gibraltar:”
One way: Spain/EU to GibraltarGibraltar requires requests to be in English and supporting documents to be translated into English.
LN 237/2026, Art 184(3) and 184(8) notification (Art 68(6)(j)) · Police and judicial cooperation
“all requests to be in the English language … the translation of any supporting documents in the English language.”
One way: Spain/EU to GibraltarDefines Second Line Checks Area: for checks by Schengen authorities' officers, the area at Gibraltar Airport allocated by those authorities and shown in the Gazette notice.
LN 150/2026, reg 3(2)(a) (new definition in s.3(1) of the Act) · Schengen checks
“in relation to second line checks and other functions carried out by officers of the Schengen authorities under the Treaty, that area or areas allocated by those authorities”
Not statedReplaces 'shall have the power to ensure that any such intended measure is notified' with 'shall notify any such intended measure'; recipient not stated in this notice.
LN 150/2026, reg 3(7) (amends s.72(8) of the Act) · Institutions and disputes
“shall notify any such intended measure”
One way: Gibraltar to Spain/EUTransfers of personal data may take place to an EU country, to the UK, or to a country with an EU Commission adequacy decision.
LN 96/2026, reg 4(5) (new Art 45(1) Gibraltar GDPR) · Other
“A transfer of personal data to a third country or an international organisation may take place if it is a transfer to- … a Member State of the European Union.”
One way: Gibraltar to Spain/EUThe Gibraltar Commissioner must take utmost account of decisions of a foreign designated authority under Art 60 EU GDPR and of the European Data Protection Board under Art 65.
LN 96/2026, reg 4(10) (new Art 57(5) Gibraltar GDPR) · Other
“the Commissioner shall take utmost account of any decision taken by: … a foreign designated authority pursuant to … the European Data Protection Board pursuant to”
One way: Gibraltar to Spain/EULaw-enforcement data transfers to an EU country, the UK, or an adequacy country count as based on an adequacy decision and need no specific authorisation.
LN 96/2026, reg 5(6) (new s.83A(2) Data Protection Act 2004) · Police and judicial cooperation
“is based on an adequacy decision if it is a transfer to- … a Member State of the European Union,”
One way: Spain/EU to GibraltarThe Gibraltar Authority must refuse a residence permit if the Schengen authorities inform it of an objection, including on a Schengen Information System alert.
LN 166/2026, reg 20(1) · Schengen checks
“the Schengen authorities inform the Authority of their objection to the issuance or renewal of a residence permit”
One way: Gibraltar to Spain/EUAfter refusal on a Schengen objection, the Authority must give the applicant the contact details of the Schengen authorities to ask about the decision, grounds and remedies.
LN 166/2026, reg 20(2) · Schengen checks
“the Authority shall provide the applicant with the contact details of the relevant Schengen authorities”
Not statedThe applicant must show they have been vetted by the authorities of the country where last habitually resident (may be Spain; country not named).
LN 166/2026, reg 7(1)(e) (employees) · Mobility
“they are fully vetted by the relevant authorities of the country in which the person was most recently habitually resident”
Not statedThe applicant must show they have been vetted by the authorities of the country where last habitually resident (may be Spain; country not named).
LN 166/2026, reg 9(1)(e) (self-employed) · Mobility
“they are fully vetted by the relevant authorities of the country in which the person was most recently habitually resident”
Not statedThe applicant must show they have been vetted by the authorities of the country where last habitually resident (may be Spain; country not named).
LN 166/2026, reg 23(3) (family members over 18) · Mobility
“fully vetted by the relevant authorities of the country in which the person was most recently habitually resident”
One way: Gibraltar to Spain/EUEU citizens legally residing in Spain (the 'relevant Member State', reg 3) have a right to take up and pursue employed frontier work in Gibraltar.
LN 319/2026, reg 5(a) · Mobility
“Union citizens legally residing in a relevant Member State shall have a right to- … take up and pursue an activity as an employed”
One way: Gibraltar to Spain/EUSpain-resident EU citizens may enter, stay and leave Gibraltar to register with employment services, and be assisted by employment offices on the same conditions as UK nationals in Gibraltar.
LN 319/2026, reg 5(b) · Mobility
“enter, stay and leave in order to register with the employment services … the right to be assisted by the employment offices under the same conditions as United Kingdom nationals in Gibraltar”
One way: Gibraltar to Spain/EURight to enter, stay and leave Gibraltar while employed or self-employed as a frontier worker.
LN 319/2026, reg 5(c) · Mobility
“the right to enter, stay and leave while … as a frontier worker or pursuing an activity as a self-employed frontier worker.”
One way: Gibraltar to Spain/EUEmployed frontier workers have equal treatment with employed UK nationals legally residing in Gibraltar.
LN 319/2026, reg 6(1) · Mobility
“Employed frontier workers shall enjoy the right to equal treatment with employed United Kingdom nationals legally residing in Gibraltar.”
One way: Gibraltar to Spain/EUSpain-resident EU citizens may be refused public-service posts involving public-law powers or safeguarding Gibraltar's general interests.
LN 319/2026, reg 7 · Mobility
“may be refused the right to take up employment in the public service”
One way: Gibraltar to Spain/EUFamily members of frontier workers have a derivative right to equal treatment on social and tax advantages with family members of UK nationals employed in Gibraltar.
LN 319/2026, reg 9(1) · Mobility
“shall enjoy a derivative right to equal treatment in the access to social and tax advantages”
One way: Gibraltar to Spain/EUThe Gibraltar Director of Employment issues a certificate of status to a frontier worker.
LN 319/2026, reg 10(1) · Mobility
“The Director of Employment shall issue a certificate of status to a frontier worker under this regulation.”
One way: Gibraltar to Spain/EUSpain-resident workers posted to Gibraltar by a Spanish-based employer to supply services locally produced and consumed in the contiguous frontier zone may enter, leave and stay in Gibraltar.
LN 319/2026, reg 13(1) · Mobility
“who are posted for a limited period by that … enter, leave and stay in Gibraltar without”
One way: Gibraltar to Spain/EUThe Gibraltar competent authority may restrict frontier-worker rights on grounds of public policy, public security or public health.
LN 319/2026, reg 14(1) · Mobility
“The competent authority may restrict the rights granted under these Regulations through restriction measures”
One way: Gibraltar to Spain/EUThe applicant's document must state it is not a travel document and the applicant may not travel without authorisation to the territory of the EU countries.
LN 206/2026, reg 4(7) inserting reg 5B(4)(e) of Asylum (Procedures) Regulations 2012 · Mobility
“a statement that the document is not a travel document and that the applicant is not allowed to travel without authorisation to the territory of the Member States.”
One way: Gibraltar to Spain/EUA residence permit/stay as an applicant does not give the applicant the right to travel to the territory of EU countries.
LN 206/2026, reg 4(8)(b) amending reg 6(1) of Asylum (Procedures) Regulations 2012 · Mobility
“shall not give the applicant the right to travel to the territory of Member States”
Not statedBeneficiaries of international protection must be given information on their movement in the territory of the EU countries.
LN 206/2026, Schedule item 1(e) to Asylum Regulations 2008 (reg 3(53)) · Mobility
“movement in the territory of the Member States”
One way: Gibraltar to Spain/EUThird-country nationals staying illegally in Gibraltar who hold a valid EU country residence permit must go to that EU country immediately; otherwise a return decision is issued.
LN 206/2026, reg 4(39) inserting reg 30B(2) of Asylum (Procedures) Regulations 2012 · Mobility
“holding a valid residence permit or other authorisation offering a right to stay issued by a Member State shall be required to go to the territory of that Member State immediately”
One way: Gibraltar to Spain/EUThe Authority may skip a return decision for an illegally staying third-country national who is taken back by an EU country under bilateral agreements or arrangements.
LN 206/2026, reg 4(39) inserting reg 30B(3) of Asylum (Procedures) Regulations 2012 · Mobility
“The Authority may refrain from issuing a return decision to a third-country national staying illegally in Gibraltar if the third-country national concerned is taken back by a Member State under bilateral agreements or arrangements.”
Not statedAn application is not examined on the merits where another State is responsible.
LN 206/2026, reg 4(11)(e) inserting reg 8(6)(a) of Asylum (Procedures) Regulations 2012 · Mobility
“(a) another State is responsible;”
Not statedInternational protection may be ended where the person has become a national of an EU country or has been granted international protection by an EU country.
LN 206/2026, reg 3(38)(e) amending reg 30(5) of Asylum Regulations 2008 · Mobility
“has become a national of a Member State or has been granted international protection by a Member State”
Not statedA subsequent application means a further application made in Gibraltar or an EU country after a final decision on a previous application.
LN 206/2026, reg 4(2)(g) definition of 'subsequent application' (Asylum (Procedures) Regulations 2012 reg 2) · Mobility
“a further application for international protection made in Gibraltar or a Member State after a final decision has”
Not statedEconomic operators in Gibraltar connected to an Annex 21 authorisation for special customs procedures must hold a Gibraltar business licence.
LN 185/2026, reg 4(1) · Customs
“shall be required to have a business licence”
Not statedOffice of Fair Trading is designated Gibraltar market surveillance authority for the s.117 monitoring and cooperation on market surveillance.
LN 186/2026, reg 3 · Other
“is hereby designated as the market surveillance authority for the purposes of section 117”
One way: Spain/EU to GibraltarBusiness licence for goods trading is conditional on not producing or placing on the Gibraltar market goods that fail relevant EU law on goods.
LN 187/2026, reg 3(1) · Other
“that the licence holder shall not produce or place on the market in Gibraltar any goods unless those goods comply with relevant rules of European Union law governing goods”
One way: Gibraltar to Spain/EUGoods lawfully placed on the market in any EU country are presumed compliant for the Gibraltar market.
LN 187/2026, reg 3(2) · Other
“goods lawfully placed on the market in any Member State shall be presumed to be compliant”
One way: Gibraltar to Spain/EUPrepacked food made and sold in Gibraltar for local consumption must be labelled 'Not for EU' to be exempt from the EU-law condition.
LN 187/2026, reg 3(3)(b) · Other
“the individual packaging must bear a label which clearly states the words “Not for EU””
One way: Gibraltar to Spain/EUMedicinal products authorised only in the UK are exempt from the EU-law condition if they carry no EU unique identifier and bear a 'UK only' label.
LN 187/2026, reg 3(3)(d) · Other
“bear an individual label that shall state the words "UK only"”
One way: Gibraltar to Spain/EUMedical devices without CE marking imported under the GHA exemption must carry a 'Gibraltar (GHA) only' marking on each consignment.
LN 187/2026, reg 3(3)(e)(iv) · Other
“stating the words "Gibraltar (GHA) only"”
Not statedEU goods in free circulation dispatched to Gibraltar move by NCTS under code T2GI.
LN 188/2026, reg 4(1) · Customs
“shall be moved by land or by sea using the New Computerised Transit System”
One way: Gibraltar to Spain/EUGibraltar authorities notify the EU-side office of departure of arrival of goods on the day of presentation.
LN 188/2026, reg 4(2)(a) · Customs
“shall notify the designated customs post that acted as office of departure of the arrival of the goods”
One way: Gibraltar to Spain/EUGibraltar sends a control results message with proof that indirect tax was levied, within three working days of presentation.
LN 188/2026, reg 4(2)(b) · Taxation
“shall forward a “control results” message to the office of departure no later than”
One way: Gibraltar to Spain/EUWhere the derogation applies, Gibraltar sends the office of departure a message that goods entered a special procedure for tax purposes.
LN 188/2026, reg 4(2)(c) · Taxation
“the competent authorities of Gibraltar shall forward to the office of departure, a message indicating that the goods have”
One way: Gibraltar to Spain/EUWhere goods leave a special procedure for tax purposes, Gibraltar supplies case-by-case information to the EU-side office of departure.
LN 188/2026, reg 4(3)(b) · Taxation
“the competent authorities of Gibraltar, shall supply information on”
One way: Gibraltar to Spain/EUGibraltar supplies the EU-side office of departure monthly proof that indirect tax was levied on goods placed on the Gibraltar market.
LN 188/2026, reg 4(4) · Taxation
“shall supply to the designated customs post, which acted as office of departure for the T2GI transit procedure, on … a monthly basis, proof that the indirect tax has been levied by Gibraltar”
One way: Gibraltar to Spain/EUGibraltar supplies the EU-side office of departure case-by-case proof of exit from Gibraltar or of destruction.
LN 188/2026, reg 4(5) · Taxation
“shall supply to the designated customs post, which acted as office of departure for the T2GI transit procedure, on a case by case basis, proof of their exit from Gibraltar”
One way: Spain/EU to GibraltarA discharge period longer than three months for inward processing or temporary admission may be authorised, with duly justified circumstances accepted by the EU-side designated customs post.
LN 188/2026, reg 4(6) · Customs
“duly justified circumstances accepted by the designated customs post, which acted as office of … departure for the T2GI transit procedure”
One way: Gibraltar to Spain/EUIf proofs of discharge are not presented in time, Gibraltar transfers VAT and excise duties to the EU country of the office of departure.
LN 188/2026, reg 4(7) · Taxation
“the competent authorities of Gibraltar, shall transfer to the … Member State of the office of departure the amount of the VAT and excise duties”
Not statedThe Administrative Arrangement (UK for Gibraltar and Spain, Madrid 25 June 2026) sets the practical modalities for Annex 19 Art 1.
LN 188/2026, reg 4(10) · Customs
“The Administrative Arrangement shall set out the practical modalities for the implementation”
One way: Gibraltar to Spain/EUGoods leaving Gibraltar for the EU move under transit to the EU-side designated customs post as office of destination, to evidence free circulation in Gibraltar.
LN 188/2026, reg 5(2) · Customs
“the goods shall be moved following the transit process to the designated customs post in the Union acting as office of destination”
One way: Gibraltar to Spain/EUIf Gibraltar's office of departure lacks proof of arrival, Gibraltar collects the VAT and excise of the EU country of the designated post and transfers it to that EU country.
LN 188/2026, reg 5(5) · Taxation
“Gibraltar shall collect the … relevant VAT and excise 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”
One way: Gibraltar to Spain/EUThe designated customs posts in Appendix 1 to Annex 21 are the customs office of destination for all exports of goods from Gibraltar into the EU.
LN 188/2026, reg 5(7) · Customs
“shall be the customs office of destination for all exports of goods from Gibraltar into the Union”
One way: Spain/EU to GibraltarEU transit rules, including as amended or replaced in future, apply in Gibraltar so far as closing or opening of the special transit procedure is concerned.
LN 188/2026, reg 6(1) · Customs
“the rules of the Union transit procedure shall apply in Gibraltar, including as amended or replaced in”
Not statedEU goods cleared at Algeciras may go by sea to Gibraltar, arriving within 2 hours under T2GI; the ship must be entirely unloaded in Gibraltar.
LN 188/2026, reg 7 · Customs
“may be transported by sea directly … arriving within 2 hours from exiting the port”
Not statedEU goods exported from Gibraltar as ship supplies may leave via port or airport if they comply with EU customs and indirect taxation provisions for comparable transactions.
LN 188/2026, reg 8(1) · Customs
“provided that they comply with the Union customs and indirect taxation provisions”
One way: Gibraltar to Spain/EUOn request of an EU country applicant authority, HM Customs Gibraltar provides all relevant information on customs legislation, including planned breaches.
LN 189/2026, reg 7(2) · Customs
“shall, upon the request of an applicant authority, provide all … relevant information relating to the proper application and enforcement of customs legislation”
One way: Gibraltar to Spain/EUOn request, HM Customs Gibraltar says whether goods exported from an EU country were properly imported into Gibraltar, or goods imported into an EU country were properly exported from Gibraltar.
LN 189/2026, reg 7(3) · Customs
“shall, … upon request, provide information as to whether”
One way: Gibraltar to Spain/EUOn request of an EU country applicant authority, HM Customs Gibraltar undertakes special surveillance of persons, goods, places, transport and premises and reports, as far as Gibraltar law allows.
LN 189/2026, reg 7(4)-(5) · Customs
“Upon a request by the applicant authority and subject to subregulation (5), the Competent … Authority shall in accordance with these Regulations and any other applicable laws, undertake … special surveillance”
One way: Gibraltar to Spain/EUHM Customs Gibraltar may send a request to a requested authority in an EU country.
LN 189/2026, reg 7(6) · Customs
“The Competent Authority may send a request to a requested authority”
One way: Gibraltar to Spain/EUHM Customs Gibraltar spontaneously exchanges with any EU country information on activities that are or appear to be customs breaches.
LN 189/2026, reg 8(2) · Customs
“shall spontaneously exchange with any Member State or … administrative authority information relating to activities”
One way: Spain/EU to GibraltarHM Customs Gibraltar may receive from an EU country the information referred to in Article PCUST.4.
LN 189/2026, reg 8(4) · Customs
“may receive from a Member State the information referred to”
One way: Spain/EU to GibraltarRequests from EU country authorities are accepted by HM Customs Gibraltar only in English.
LN 189/2026, reg 10(2) · Customs
“Requests may only be accepted by the Competent Authority when they are in the English … language”
One way: Gibraltar to Spain/EUIf a request is defective, HM Customs Gibraltar asks the applicant authority to amend or complete it before acting.
LN 189/2026, reg 11(2) · Customs
“shall request that the … applicant authority amend, supplement or complete”
One way: Gibraltar to Spain/EUOn a request, HM Customs Gibraltar takes the steps reasonably necessary to give effect to it as for a domestic case.
LN 189/2026, reg 12(2) · Customs
“must take such steps as are reasonably … necessary to give effect to the request in the same manner as it would do for a domestic case”
One way: Gibraltar to Spain/EUHM Customs Gibraltar communicates the results of enquiries to the applicant authority in writing.
LN 189/2026, reg 13(2) · Customs
“shall communicate the results of any enquiries or investigations to the applicant … authority in writing”
One way: Gibraltar to Spain/EUHM Customs Gibraltar must give the applicant authority information on the authenticity of documents issued or certified in Gibraltar in support of a goods declaration.
LN 189/2026, reg 13(7) · Customs
“must provide to the applicant authority any information related … to the authenticity of the documents issued or certified by official agencies within Gibraltar”
One way: Spain/EU to GibraltarHM Customs Gibraltar may permit duly authorised EU country officials to be present at HM Customs or other authorities executing a request.
LN 189/2026, reg 15(2) · Customs
“may permit duly authorised officials of a Member State to be present at the offices of HM Customs”
One way: Spain/EU to GibraltarDuly authorised EU country officials may, with competent authority approval, be present during enquiries in Gibraltar made on a request.
LN 189/2026, reg 15(4) · Customs
“Duly authorised officials of a Member State may, with the approval of the Competent … Authority”
One way: Gibraltar to Spain/EUOn request of an applicant authority, HM Customs Gibraltar delivers documents and notifies decisions to persons in Gibraltar.
LN 189/2026, reg 16(2) · Customs
“must upon the request of an applicant authority take all … necessary measures in accordance with any applicable laws to-”
Not statedHM Customs Gibraltar may, by mutual arrangement with an EU country, make arrangements for automatic exchange of information and for pre-arrival consignment information.
LN 189/2026, reg 17(2) · Customs
“may, by mutual arrangement with a Member State … the automatic exchange of information falling within the scope of the Protocol”
One way: Gibraltar to Spain/EUHM Customs Gibraltar may refuse or condition assistance if it would prejudice the sovereignty of Gibraltar, public policy or security, disclose secrets or be contrary to Gibraltar law.
LN 189/2026, reg 18(2) · Customs
“Assistance under these Regulations may be refused, or may be granted subject to such … (a) be likely to prejudice the sovereignty of Gibraltar”
One way: Spain/EU to GibraltarAn applicant authority that wants help it cannot give under its own domestic law must disclose this to HM Customs Gibraltar.
LN 189/2026, reg 18(6) · Customs
“it must disclose this to the Competent Authority”
One way: Gibraltar to Spain/EUIf assistance is refused, conditioned or postponed, HM Customs Gibraltar notifies the applicant authority in writing with reasons.
LN 189/2026, reg 18(8) · Customs
“the Competent Authority shall, as soon as reasonably practicable, notify the … applicant authority in writing of-”
One way: Gibraltar to Spain/EUInformation obtained by HM Customs Gibraltar may not be used for other purposes without the prior consent of the requested authority.
LN 189/2026, reg 19(6) · Customs
“may not without the prior consent … of the requested authority, be used for any purpose other than”
One way: Spain/EU to GibraltarWith the Chief Minister's approval, HM Customs Gibraltar may authorise an officer of an EU country administrative authority to appear as expert or witness in Gibraltar proceedings.
LN 189/2026, reg 20(2) · Customs
“may authorise an … officer of an administrative authority of a Member State to appear as an expert or witness”
One way: Gibraltar to Spain/EUHM Customs Gibraltar bears the ordinary costs of assistance when it receives a request under the Protocol.
LN 189/2026, reg 22(2) · Customs
“the ordinary costs incurred in providing assistance … shall be borne by the Competent Authority where it receives a request”
One way: Gibraltar to Spain/EUHM Customs Gibraltar may seek reimbursement from an EU country applicant authority of the costs and expenses referred to in Article PCUST.14(2).
LN 189/2026, reg 22(4) · Customs
“may seek reimbursement from an … applicant authority of the costs and expenses”
One way: Gibraltar to Spain/EUHM Customs Gibraltar makes the notifications required by PCUST.15(2) and notifies EU countries of any designation of its officers or units to send and receive requests.
LN 189/2026, reg 23(3), (5) · Customs
“shall make the necessary notifications in accordance with … shall notify the Member States of any designation made under”
Not statedThe Protocol takes precedence over any bilateral customs assistance agreement between an EU country and Gibraltar to the extent incompatible.
LN 189/2026, reg 24(2) · Customs
“shall take precedence over anything contained in any … bilateral agreement on mutual administrative assistance in customs matters”
Not statedThe Regulations provide for cooperation to exchange tax information and combat fraud, and for recovery of VAT, transaction tax, customs and excise claims levied by or for a Party.
LN 190/2026, reg 4(2) · Taxation
“these Regulations make provision for cooperation-”
Not statedHM Customs Gibraltar accepts requests only in English; it must make its own requests to a requested authority in that authority's language or an acceptable one.
LN 190/2026, reg 7(2), (4) · Taxation
“shall only accept requests under these Regulations that are in English … any request to a requested authority is in the official language of that authority”
One way: Gibraltar to Spain/EUInformation HM Customs Gibraltar sends to an applicant authority is confidential and has the same protection as information obtained under the applicant authority's own laws.
LN 190/2026, reg 8(3) · Taxation
“shall be subject to confidentiality, and shall enjoy the same protection as information obtained under … the laws of the applicant authority”
Not statedInformation received under the Protocol is not used for other purposes without the prior written consent of the authority that supplied it.
LN 190/2026, reg 8(6) · Taxation
“shall not be disclosed or used for any … purpose other than those specified in subregulation (4) unless the prior written consent of the authority that supplied the information”
One way: Gibraltar to Spain/EUOn request of an EU country applicant authority, HM Customs Gibraltar transmits all relevant tax information and then the results and copies of documents.
LN 190/2026, reg 9(2), (5) · Taxation
“it shall … transmit all relevant information referred to in subregulation 4(2)(a)”
One way: Gibraltar to Spain/EUHM Customs Gibraltar may send a request under PVAT.7 to a requested authority.
LN 190/2026, reg 9(6) · Taxation
“The Competent Authority may send a request pursuant to Article PVAT.7 to a requested … authority”
One way: Gibraltar to Spain/EUOn a PVAT.8 excise request, HM Customs Gibraltar undertakes special surveillance of persons, goods, places, transport and premises.
LN 190/2026, reg 10(3) · Taxation
“the Competent Authority shall undertake, or cause to be undertaken such special surveillance … activities as appear necessary for obtaining information”
One way: Gibraltar to Spain/EUHM Customs Gibraltar provides requested tax information within 90 days of receipt (30 days if already held).
LN 190/2026, reg 11(2)-(3) · Taxation
“no later than 90 days after the date on which the request is … received”
One way: Gibraltar to Spain/EUWithout prior request, HM Customs Gibraltar gives an administrative authority information relevant to VAT, excise or transaction tax, including liability or revenue risk in an EU country.
LN 190/2026, reg 12(2) · Taxation
“shall, without prior request, provide to an administrative … authority any information that appears to the Competent Authority to be relevant”
One way: Gibraltar to Spain/EUOn request of an EU country applicant authority, HM Customs Gibraltar notifies or delivers documents or decisions to addressees in Gibraltar.
LN 190/2026, reg 13(2) · Taxation
“the Competent Authority shall take such steps as are permitted under … Gibraltar law to effect the notification or delivery to the addressee in Gibraltar”
One way: Spain/EU to GibraltarBy agreement, HM Customs Gibraltar may permit officials of an EU country applicant authority to be present in its offices and during enquiries in Gibraltar.
LN 190/2026, reg 14(2) · Taxation
“The Competent Authority may by agreement with an applicant authority, permit officials … of the applicant authority authorised to be present”
One way: Spain/EU to GibraltarBy agreement and with conditions, HM Customs Gibraltar may let EU country officials take part in administrative enquiries in Gibraltar, carried out jointly under its direction.
LN 190/2026, reg 14(4)-(5) · Taxation
“may, by agreement with the applicant authority and subject to … permit officials authorised by the applicant authority to participate in administrative enquiries conducted in Gibraltar”
One way: Gibraltar to Spain/EUHM Customs Gibraltar may refuse to provide information where the applicant authority could not, for legal reasons, give similar information to Gibraltar.
LN 190/2026, reg 16(2) · Taxation
“may refuse to provide information under these Regulations … where the applicant authority would be unable, for legal reasons, to provide similar information to Gibraltar”
One way: Gibraltar to Spain/EUHM Customs Gibraltar must not refuse information solely because it is held by a bank, nominee or agent or concerns ownership of a legal person.
LN 190/2026, reg 16(4) · Taxation
“must not refuse to provide information under these Regulations solely because the information-”
One way: Gibraltar to Spain/EUOn request of an applicant authority, HM Customs Gibraltar obtains and provides information identifying a debtor or assets in Gibraltar needed for recovery.
LN 190/2026, reg 18(2) · Taxation
“the Competent Authority shall obtain and provide any … information that is relevant to the identification of-”
One way: Spain/EU to GibraltarWith the competent authority's prior agreement, an official of an EU country applicant authority may be present in its offices or join administrative enquiries for a recovery request.
LN 190/2026, reg 19(2) · Taxation
“Subject to the prior agreement of the Competent Authority, an official authorised by an … applicant authority may-”
One way: Gibraltar to Spain/EUWith the requested authority's agreement, officials authorised by HM Customs Gibraltar may be present in the offices of the requested authority or join its enquiries on cases in Gibraltar.
LN 190/2026, reg 19(8) · Taxation
“with the agreement of the requested authority, officials … authorised by the Competent Authority may be present in the offices of the requested authority”
One way: Gibraltar to Spain/EUOn request of an applicant authority, HM Customs Gibraltar may notify any person in Gibraltar of instruments, decisions or documents on VAT, excise, transaction tax, customs duties or recovery.
LN 190/2026, reg 20(2) · Taxation
“the Competent … Authority may notify any person in Gibraltar of any instrument, decision or other documents”
One way: Gibraltar to Spain/EUHM Customs Gibraltar may send a notification request to an EU country.
LN 190/2026, reg 20(7) · Taxation
“the Competent Authority may send a request to a Member … State”
One way: Gibraltar to Spain/EUOn a recovery request from an EU country applicant authority, HM Customs Gibraltar recovers the claim as if it were a claim under Gibraltar law.
LN 190/2026, reg 21(2) · Taxation
“the Competent Authority shall pursuant to Article PVAT.18 take the measures … necessary to recover the claim as if it were a claim arising under Gibraltar law”
One way: Gibraltar to Spain/EUHM Customs Gibraltar may send a recovery request to an EU country.
LN 190/2026, reg 21(7) · Taxation
“the Competent Authority may send a request to a Member … State”
One way: Gibraltar to Spain/EUHM Customs Gibraltar keeps the applicant authority informed of recovery steps and transfers recovered amounts to it promptly.
LN 190/2026, reg 23(3), (6) · Taxation
“shall keep the applicant authority informed of the steps taken”
One way: Spain/EU to GibraltarDisputes about the existence, validity or amount of a claim are decided exclusively by the applicant authority.
LN 190/2026, reg 24(2) · Taxation
“shall be determined exclusively by the applicant authority”
One way: Spain/EU to GibraltarIf recovery of a disputed claim continues at the applicant authority's request and the claim is set aside, the applicant authority is liable for amounts unduly recovered, interest, compensation and costs.
LN 190/2026, reg 24(6) · Taxation
“the applicant authority shall be liable for-”
One way: Gibraltar to Spain/EUIf HM Customs Gibraltar amends or withdraws a recovery request, it notifies the requested authority immediately with reasons.
LN 190/2026, reg 25(2) · Taxation
“it … shall notify the requested authority immediately of -”
One way: Gibraltar to Spain/EUOn an EU country request, HM Customs Gibraltar may apply for precautionary measures to secure a claim; EU country documents authorising them are accepted without recognition.
LN 190/2026, reg 26(2), (5) · Taxation
“the Competent … Authority may, subject to Gibraltar law, apply for such precautionary measures”
One way: Gibraltar to Spain/EUNo recovery request is accepted by HM Customs Gibraltar where the total claim is below five thousand pounds.
LN 190/2026, reg 27(4) · Taxation
“No request for recovery of a claim shall be accepted where the total amount of the claim”
Not statedFor recovery or precautionary requests, the limitation period is suspended from receipt by the competent authority until it completes the action.
LN 190/2026, reg 28(3) · Taxation
“the limitation period applicable to the claim shall be suspended from the date on”
Both waysEach Party bears its own costs of assistance under the Protocol and cannot seek reimbursement from the other Party.
LN 190/2026, reg 29(2) · Taxation
“Each Party shall bear its own costs incurred in providing assistance under the Protocol … shall not be entitled to seek reimbursement from the other Party”
One way: Spain/EU to GibraltarListed Union Customs Code articles, with the UCC Delegated and Implementing Acts, apply in Gibraltar to EU goods in the three tax-suspension special procedures, including as the TGEU (section 11) provides.
LN 211/2026, reg 4(1), Schedule 1 · Customs
“the rules listed … in Article 3(3) of Annex 19, set out in Schedule 1 … shall apply, for the purposes of Annex 19, with any necessary … modifications, to Union goods”
Not statedUCC Implementing Act articles 153, 165, 175 (mutual assistance between customs authorities) are disapplied in Gibraltar.
LN 211/2026, Schedule 2, Part C, items 6, 12, 19 · Customs
“Article 153 (Mutual assistance between customs authorities) shall not apply”
One way: Gibraltar to Spain/EUGibraltar competent authority must provide the PTOB.1 tobacco information, using the Annex I form.
LN 178/2026 (TGEU Implementation (Tobacco Protocol) Regulations 2026), reg 5(2) · Tobacco
“must be provided by the Gibraltar Competent Authority in accordance with Article 250(2)(a)”
One way: Spain/EU to GibraltarGibraltar competent authority may receive PTOB.1 information from competent authorities within the EU.
LN 178/2026 (TGEU Implementation (Tobacco Protocol) Regulations 2026), reg 5(3) · Tobacco
“may receive information under Article PTOB.1 from Competent authorities within the Union”
One way: Gibraltar to Spain/EUGibraltar competent authority must provide information on prevention, investigation, detection and prosecution of smuggling and on enforcing penalties.
LN 178/2026 (TGEU Implementation (Tobacco Protocol) Regulations 2026), reg 6(2) · Tobacco
“the Gibraltar Competent Authority must provide information relating to-”
One way: Gibraltar to Spain/EUGibraltar competent authority must cooperate with EU competent authorities to identify persons not resident in their territories who may be responsible for smuggling to or from Gibraltar.
LN 178/2026 (TGEU Implementation (Tobacco Protocol) Regulations 2026), reg 6(4) · Tobacco
“must cooperate with the Competent authorities within the Union for the purpose of identifying persons who are not resident in their respective territories”
One way: Gibraltar to Spain/EUGibraltar competent authority may, as domestic law permits, give information on persons or goods under investigation, on request or spontaneously.
LN 178/2026 (TGEU Implementation (Tobacco Protocol) Regulations 2026), reg 6(5) · Tobacco
“may, to the extent permitted under domestic law, and subject to the applicable provisions under domestic law, provide information relating to persons or goods under investigation”
One way: Gibraltar to Spain/EUGibraltar competent authority may request information from EU competent authorities and may receive spontaneous information from them.
LN 178/2026 (TGEU Implementation (Tobacco Protocol) Regulations 2026), reg 6(7) · Tobacco
“may- (a) make a request of the Competent authorities within the Union pursuant to paragraph 3”
One way: Gibraltar to Spain/EUBefore and after the traceability mechanism is fully operational, Gibraltar competent authority shall respond within seven days to information requests on smuggling of tobacco to or from Gibraltar.
LN 178/2026 (TGEU Implementation (Tobacco Protocol) Regulations 2026), reg 6(8) · Tobacco
“respond within seven days to requests for information made in connection with proceedings”
One way: Gibraltar to Spain/EUIn urgent cases Gibraltar competent authority must respond to a request, or give spontaneous information, as soon as possible.
LN 178/2026 (TGEU Implementation (Tobacco Protocol) Regulations 2026), reg 7(2) · Tobacco
“In urgent cases, the Gibraltar Competent Authority must respond to a request”
One way: Gibraltar to Spain/EUGibraltar competent authority may seek EU authorities' consent to use information as court evidence in Gibraltar and must comply with their conditions.
LN 178/2026 (TGEU Implementation (Tobacco Protocol) Regulations 2026), reg 8(2)-(3) · Tobacco
“must comply with any conditions imposed on the use of that information by the Competent authorities within the Union”
One way: Gibraltar to Spain/EUGibraltar competent authority may consent to EU authorities using information it gave as evidence in judicial proceedings, and may impose conditions.
LN 178/2026 (TGEU Implementation (Tobacco Protocol) Regulations 2026), reg 8(4),(5),(7) · Tobacco
“may at the time of receiving a request, or at a later stage, provide its consent to the Competent authorities within the Union”
Not statedWhere consent is not granted, information given spontaneously or consented to cannot be used as evidence in court.
LN 178/2026 (TGEU Implementation (Tobacco Protocol) Regulations 2026), reg 8(8) · Tobacco
“the information shall not be used as evidence in any court or judicial proceedings”
Not statedPart III of the Mutual Legal Assistance (European Union) Act 2005 applies, with modifications, to assistance under PTOB.1 to 3; inconsistent provisions do not apply.
LN 178/2026 (TGEU Implementation (Tobacco Protocol) Regulations 2026), reg 9(1)-(2) · Tobacco
“For the purposes of cooperation and assistance under Articles PTOB.1 to 3”
One way: Spain/EU to GibraltarGibraltar competent authority may only receive communications or requests under the Part in English.
LN 178/2026 (TGEU Implementation (Tobacco Protocol) Regulations 2026), reg 10(1) · Tobacco
“may only receive communications or requests under this Part that are in English”
One way: Gibraltar to Spain/EUCommunications or requests to EU competent authorities must be in the official language those authorities notify to Gibraltar.
LN 178/2026 (TGEU Implementation (Tobacco Protocol) Regulations 2026), reg 10(2) · Tobacco
“must be in the official language of those authorities as notified by them”
One way: Gibraltar to Spain/EUCollector of Customs must on request give any competent authority under the Protocol the data-repository information he can access, near real time and within 24 hours.
LN 118/2026 (Tobacco Products (Traceability and Security Features) Regulations 2026), reg 4(4), new s 14ZE of Tobacco Act 1997 · Tobacco
“The Collector of Customs must, upon request, provide a relevant authority with any information accessible by him in the data repository”
Not statedA unit-packet unique identifier applied by a person in the UK or an EU country must meet Article 15(1) of the Tobacco Products Directive.
LN 118/2026 (Tobacco Products (Traceability and Security Features) Regulations 2026), reg 4(4), new s 14N(2)(b)(ii) · Tobacco
“in cases where the unique identifier has been applied by a person in the UK or a Member State, Article 15(1) of the Tobacco Products”
Not statedIdentifiers on tobacco made outside Gibraltar must be applied or paired before the product is imported into Gibraltar.
LN 118/2026 (Tobacco Products (Traceability and Security Features) Regulations 2026), Sched 1 (Reg 2018/574 as adapted), Art 6(2) · Tobacco
“In the case of tobacco products that are manufactured outside Gibraltar, the unit level UI or the associated unit level code”
One way: Gibraltar to Spain/EUImporter must apply for a facility identifier code for a manufacturing facility outside Gibraltar, with that facility's consent, and tell its operator the details.
LN 118/2026 (Tobacco Products (Traceability and Security Features) Regulations 2026), Sched 1, facility identifier code article, para 4 (facilities outside Gibraltar) · Tobacco
“The obligation to apply for a facility identifier code related to manufacturing facilities located outside Gibraltar shall lie with the importer.”
One way: Gibraltar to Spain/EUOn request, with the Chief Minister's consent, the Government must help any authority or person verify authenticity of tobacco destined for another state's market, including by sharing samples.
LN 118/2026 (Tobacco Products (Traceability and Security Features) Regulations 2026), Sched 3 (Decision 2018/576 as adapted), Art 7(3) · Tobacco
“The Government shall, upon request, and with the consent of the Chief Minister assist any authority or person in the verification of the authenticity of a tobacco product destined for the national market of another state”
One way: Spain/EU to GibraltarCertified copy of the Gibraltar licence must be kept on the vehicle and shown on request to any inspecting officer from the EU or within the contiguous frontier zone.
LN 141/2026 (TGEU Implementation (Road Transport) Regulations 2026), reg 3(2), new s 66ZF(6)(b) of Transport Act 1998 · Other
“any inspecting officer from the Union or within the contiguous front ier zone”
Not statedVehicles of a Gibraltar road transport operator on an Article 276 or 277 road haulage operation may leave and return to Gibraltar for its duration.
LN 141/2026 (TGEU Implementation (Road Transport) Regulations 2026), s 66ZP(1) · Other
“may leave and return to Gibraltar for the duration of the operation”
One way: Gibraltar to Spain/EUVehicles of a road transport operator (UK or EU country licence) may enter and leave Gibraltar for the operation if the licence meets Article 278(3).
LN 141/2026 (TGEU Implementation (Road Transport) Regulations 2026), s 66ZP(2) · Other
“may enter and leave Gibraltar for the duration of the relevant operation if they have a licence which complies with the requirements referred to in Article 278(3)”
One way: Gibraltar to Spain/EUNo person may refuse entry and circulation in Gibraltar of a vehicle on an Article 276 or 277 operation if it meets Section 1 of Part C of Annex 27.
LN 141/2026 (TGEU Implementation (Road Transport) Regulations 2026), s 66ZR(1) · Other
“No person may refuse the entry and circulation in Gibraltar of a vehicle”
Both waysTachograph required in Gibraltar operators' vehicles when leaving or returning, and in other road transport operators' vehicles when entering or leaving Gibraltar.
LN 141/2026 (TGEU Implementation (Road Transport) Regulations 2026), s 66ZR(2) and (3) · Other
“Vehicles of Gibraltar road transport operators undertaking either of the operations … Vehicles of road transport operators undertaking either of the o perations”
One way: Gibraltar to Spain/EUGovernment must notify the EU and any EU country of a proposed or adopted new regulatory measure and give the text within one week of Gazette publication.
LN 141/2026 (TGEU Implementation (Road Transport) Regulations 2026), s 66ZT(1)-(2) · Other
“notify the Union and any Member State of the proposed regulatory measure as soon as possible … provide each of them with the text of t he new regulatory measure within one week”
One way: Gibraltar to Spain/EUGovernment may make a request under Article 283(2) or (4) on being notified by the EU or any EU country.
LN 141/2026 (TGEU Implementation (Road Transport) Regulations 2026), s 66ZT(3)-(4) · Other
“The Government may upon being notified by the Union or any Member Sta te in accordance with Article 283(1)”
One way: Gibraltar to Spain/EUIf the EU or an EU country adopts a non-complying measure and applies it to Gibraltar operators, Government may after notifying them adopt remedial measures under Article 284(1).
LN 141/2026 (TGEU Implementation (Road Transport) Regulations 2026), s 66ZU(1) · Other
“the Government may, after notifying the Union and the Member State”
One way: Gibraltar to Spain/EUGovernment must not invoke the WTO Agreement to suspend its obligations or rights under Article 284.
LN 141/2026 (TGEU Implementation (Road Transport) Regulations 2026), s 66ZU(4) · Other
“The Government must not invoke the WTO Agreement, nor any rights or remedies”
Both waysAmbulance services from Gibraltar may leave for the EU and return; ambulance services from the EU may enter and leave Gibraltar; each conditional on reasonable, non-discriminatory procedures.
LN 141/2026 (TGEU Implementation (Road Transport) Regulations 2026), ss 66ZV and 66ZW · Other
“Ambulance services from Gibraltar may leave Gibralta r for the Union and return to Gibraltar … ambulance se rvices from the Union may enter and leave Gibraltar”
One way: Gibraltar to Spain/EUVehicles used in Gibraltar on Article 276/277 operations are exempt from taxes and duties on possession or circulation, on the basis that reciprocal treatment is given to vehicles used in the EU by Gibraltar road transport operators.
LN 141/2026 (TGEU Implementation (Road Transport) Regulations 2026), s 66ZX(2) · Taxation
“are exempt from taxes and duties on the possession or circulation … on the basis that reciprocal treatment is given”
One way: Gibraltar to Spain/EUFuel in standard tanks and listed lubricants are exempt from taxes, duties and import restrictions on the basis that a reciprocal exemption applies to vehicles entering the EU.
LN 141/2026 (TGEU Implementation (Road Transport) Regulations 2026), s 66ZX(3) · Taxation
“will be exempt from taxes, duties and import restrictions, on the basis that a reciprocal exemption applies to vehicles entering the Union”
One way: Gibraltar to Spain/EUSpare parts imported to repair an EU-registered vehicle in Gibraltar are exempt from taxes, duties and import restrictions; replaced parts are taxed under Gibraltar law on re-export into the EU.
LN 141/2026 (TGEU Implementation (Road Transport) Regulations 2026), s 66ZX(5)-(6) · Taxation
“has been registered or put into circulation in the Union must be exempt from any taxes”
Both waysEach Party's road haulage authorities designate a national contact point for exchanging information with the other Party's authorities.
LN 140/2026, reg 6(12), new Art 16A(1) · Mobility
“The competent authorities in each Party shall designate a national contact point responsible for the exchange of information with the competent authorities of the other Party”
Both waysAuthorities of each Party cooperate closely and give one another mutual assistance and relevant information for enforcing the haulage admission rules.
LN 140/2026, reg 6(12), new Art 16A(2) · Mobility
“The competent authorities in each Party shall cooperate closel y and shall swiftly provide one another with mutual assistance”
Both waysOn a duly justified request from the other Party's authority, an authority checks whether an undertaking meets haulage admission conditions and reports results and measures.
LN 140/2026, reg 6(12), new Art 16A(3) · Mobility
“The competent authorities in each Party shall carry out individual c hecks to verify whether an undertaking meets the conditions governing admission to the occupation of road haulage operator whenever a competent authority i n the other Party so requests”
Both waysAuthorities in each Party exchange information on convictions and penalties for serious infringements.
LN 140/2026, reg 6(12), new Art 16A(4) · Mobility
“The competent authorities in each Party shall exchange informat ion on convictions and penalties for any serious infringements referred to in Article 6(2)”
Both waysWhere a transport manager or operator was convicted or penalised in one or both Parties, the authority of the Party of establishment runs an administrative procedure on good repute.
LN 140/2026, reg 6(4)(b), new Art 6(2) · Mobility
“in one or both Parties, the competent authority in the Party of establishment sha ll carry out and complete in an appropriate and timely manner an administr ative procedure”
Both waysWhen assessing good repute, authorities check whether the designated transport manager has been declared unfit in one of the Parties.
LN 140/2026, reg 6(8), new Art 11(2) · Mobility
“are declared, in one of the Parties, unfit to manage the transport activities”
Not statedSerious infringements affecting good repute include those concerning journeys whose loading and unloading points are in the other Party.
LN 140/2026, reg 6(4)(a)(vi), Art 6(1) third subparagraph point (b)(xiii) · Mobility
“journeys whose points of loading and unloading are situated in the other Party”
Both waysGibraltar's Government and EU countries use ERRU to exchange information on road transport undertakings.
LN 140/2026, Appendix 27-A-1-5, Part 3, para 1 · Mobility
“The Government of Gibraltar and the Member States of the Union s hall use the European Registers of Road Transport Undertakings (ERRU)”
Both waysGibraltar's Government and each EU country designate an ERRU contact point for information exchange with the other Party.
LN 140/2026, Appendix 27-A-1-5, Part 3, para 4 · Mobility
“The Government of Gibraltar, and each Member State of the Uni on shall designate an ERRU contact point responsible for the exchange of information with the other Party”
One way: Spain/EU to GibraltarThe EU may suspend Gibraltar's access to ERRU if Gibraltar stops meeting the conditions.
LN 140/2026, Appendix 27-A-1-5, Part 5 · Mobility
“The Union may suspend the access of Gibraltar to ERRU if Gib raltar ceases to meet the conditions set out in this Appendix”
Both waysEach Party immediately notifies the other when it exempts vehicles from tachograph version rules.
LN 140/2026, reg 7(3), new Art 2(3D) of Regulation (EC) No 561/2006 · Mobility
“Each Party shall immediately notify each other when applying par agraph 3B or 3C”
Not statedVehicles over 2.5 tonnes must carry a smart tachograph 2 when operating in a Party other than the one where registered.
LN 140/2026, reg 7(3), new Art 2(3G) of Regulation (EC) No 561/2006 · Mobility
“shall be equipped with a smart tachograph 2 when operating on the territory of a Party other than the one where they are registered”
Both waysAn operator of a Party is liable for its drivers' infringements even if committed on the other Party's territory.
LN 140/2026, reg 7(8)(c), new Art 10(2A) of Regulation (EC) No 561/2006 · Mobility
“A road transport operator of a Party shall be liable f or infringements committed by drivers of the operator, even if the infringement was committed on the territory of the other Party”
Both waysA Party or EU country may grant road-time exceptions applying on the other Party's territory, with that Party's agreement.
LN 140/2026, reg 7(9), Art 12 last paragraph (exceptions) · Mobility
“w ith the agreement of the other Party, on the territory of the other Party”
Both waysTemporary exceptions are reasoned and notified immediately to the other Party.
LN 140/2026, reg 7(9), Art 12 temporary exceptions · Mobility
“The temporary exceptions shall be duly reasoned and notified immedia tely to the other Party”
Both waysEach Party publishes the exception and makes its enforcement take into account an exception granted by the other Party.
LN 140/2026, reg 7(9), Art 12 temporary exceptions · Mobility
“Each Party shall imm ediately publish that information on a public website and shall ensure th at its enforcement activities take into account an exception granted by the other Party”
Both waysA Party or EU country that suspends or withdraws a driver card issued elsewhere returns it to the issuing Party's or EU country's authorities and informs them of reasons.
LN 140/2026, reg 8(6)(a), new Art 26(7b) of Regulation (EU) No 165/2014 · Mobility
“return the card to the authorities of the Party or, in the case of the Union, the authorities of the Member State which issued it”
Both waysEach Party accepts driver cards issued by the other Party.
LN 140/2026, reg 8(8), new Art 30(1) of Regulation (EU) No 165/2014 · Mobility
“Each Party shall accept the driver cards issued by the other Party.”
Both waysA Party or EU country that exchanges a card returns the old card to the issuing authority with reasons.
LN 140/2026, reg 8(8), new Art 30(3) · Mobility
“return the old card to the authorities of the issuing Party or, in the case of the Union, the issuing Member State”
Both waysA Party may require detailed geographic entries from drivers but must notify the other Party in advance.
LN 140/2026, reg 8(10)(f), new Art 34(7) · Mobility
“provided that each Party notifie s in advance the other Party about those detailed geographic specifications”
Both waysDrivers enter a country symbol after crossing a border of an EU country and of Gibraltar.
LN 140/2026, reg 8(10)(e), Art 34(6)(f) · Mobility
“crossing a border of a Member Sta te and of Gibraltar”
One way: Gibraltar to Spain/EUGibraltar's driver-card register must be interconnected and accessible throughout the EU through TACHOnet or a compatible system.
LN 140/2026, reg 8(5), new reg 10A(2) of the Gibraltar tachograph regulations · Mobility
“The electronic registers of Driver and Vehicle Licensing Dep artment shall be interconnected and accessible throughout the territory of the Union”
Not statedCabotage must follow the laws in force in the host Party.
LN 140/2026, Appendix 27-A-1-1, Annex row 5 (cabotage) · Mobility
“not in compliance with the laws, regulations and administrative provisions, including limitations on the number of journeys, in force in the host Party”
One way: Gibraltar to Spain/EUGibraltar's Commissioner of Police receives and sends communications with EU country competent authorities on firearms.
LN 212/2026, reg 8(1) · Police and judicial cooperation
“for the purposes of receiving and sending communications from and to the competent authorities of Member States”
One way: Gibraltar to Spain/EUOn an EU country's notification of firearms transferable without authorisation, the Commissioner records it and passes it to the Minister and dealers.
LN 212/2026, reg 8(3) · Police and judicial cooperation
“Where the Commissioner of Police receives notification from a Member State of any list of firearms which may be transferred to the territory of that Member State without prior authorisation”
One way: Gibraltar to Spain/EUMovement of a firearm to an EU country is subject to information that EU country gave the Commissioner.
LN 212/2026, reg 6(3) · Police and judicial cooperation
“The movement of a firearm to a Member State is subject to any information supplied to the Commissioner of Police”
One way: Gibraltar to Spain/EUAn EU country resident may get a Gibraltar visitor's permit to buy a Category A or B firearm for export; for Category B a Consent to Purchase Document from the resident's EU country is needed.
LN 212/2026, reg 9(1) and (6)(a) · Police and judicial cooperation
“a resident of a Member State may be granted a visitor’s permit authorising the acquisition or purchase by them of a Category A or a Category B firearm in Gibraltar … the Commissioner of Police is provided with a Consent to Purchase Document issued by the competent authority of the relevant Member State of residence”
One way: Gibraltar to Spain/EUAn EU country resident may buy a Category A firearm in Gibraltar only with written authorisation from their EU country and a Gibraltar visitor's permit.
LN 212/2026, reg 11(1) · Police and judicial cooperation
“A resident of a Member State may only acquire a Category A firearm in Gibraltar provided they hold”
One way: Gibraltar to Spain/EUAn EU country resident may not buy a Category B firearm in Gibraltar without a Consent to Purchase Document from their EU country and a Gibraltar permit.
LN 212/2026, reg 14(1) · Police and judicial cooperation
“A resident of a Member State may not acquire a Category B firearm in Gibraltar without”
One way: Gibraltar to Spain/EUA Gibraltar resident may not buy a Category A firearm in an EU country, save by Minister's case-by-case authorisation.
LN 212/2026, reg 10(1) · Police and judicial cooperation
“a Gibraltar resident may not acquire or purchase a Category A firearm in a Member State”
One way: Gibraltar to Spain/EUA Gibraltar resident may not buy a Category B firearm in an EU country without the Commissioner's Consent to Purchase Document.
LN 212/2026, reg 12(1) · Police and judicial cooperation
“a Gibraltar resident may not acquire a Category B firearm in a Member State without the authorisation of the Commissioner of Police”
One way: Gibraltar to Spain/EUA Gibraltar resident who buys a Category C firearm in an EU country sends notice to the Commissioner within 14 days.
LN 212/2026, reg 15(1) · Police and judicial cooperation
“he shall, within 14 days of the transaction, send notice of the transaction to the Commissioner of Police”
One way: Gibraltar to Spain/EUPrior authorisation from an EU country is required for a Category C firearm if that EU country has told the Commissioner it is prohibited or needs authorisation.
LN 212/2026, reg 16(2) · Police and judicial cooperation
“Where a Member State has communicated to the Commissioner of Police that a firearm to which this regulation applies is prohibited, or subject to authorisation for transfer to its territory”
One way: Gibraltar to Spain/EUThe Commissioner informs the EU country authority of the purchaser's residence of a Category C sale notice.
LN 212/2026, reg 16(6) · Police and judicial cooperation
“he must inform the competent authority of the Member State in which the purchaser or transferee resides of the transaction”
One way: Gibraltar to Spain/EUA Gibraltar dealer or broker selling by distance contract to an EU country resident must ensure the purchaser is authorised by that EU country's authority.
LN 212/2026, reg 17(1) · Police and judicial cooperation
“the firearms dealer or broker shall ensure, prior to completion of a sale, that the purchaser is duly and properly authorised by the competent authority of the relevant Member State”
One way: Gibraltar to Spain/EUTransfer into Gibraltar from an EU country: the Minister checks the transferring EU country's consents were obtained, and the EU country's authorisation document travels with the firearm and is produced to the Commissioner.
LN 212/2026, reg 18(3)(d) and (6) · Police and judicial cooperation
“confirmation that any consent, authorisation or notification required under the law of the transferring Member State has been obtained … shall accompany the firearm, essential component, or ammunition during the transfer to Gibraltar and shall be produced upon request to the Commissioner of Police”
One way: Gibraltar to Spain/EUAn authorisation to transfer into Gibraltar is communicated to the relevant EU country by the Commissioner.
LN 212/2026, reg 18(5) · Police and judicial cooperation
“shall be communicated to the relevant Member State by the Commissioner of Police in accordance with regulation 8”
One way: Gibraltar to Spain/EUThe Minister grants a transfer out of Gibraltar to an EU country only if satisfied the receiving EU country's consents were obtained.
LN 212/2026, reg 19(8) · Police and judicial cooperation
“unless he is satisfied that any consent, authorisation or notification required under the law of the receiving Member State for the importation or possession of the firearm or ammunition has been obtained”
One way: Gibraltar to Spain/EUThe Gibraltar authorisation travels with the firearm to destination and is produced whenever an EU country competent authority requires it.
LN 212/2026, reg 19(7) · Police and judicial cooperation
“shall be produced whenever so required by a competent authority of a Member State”
One way: Gibraltar to Spain/EUApplicant for a transfer to an EU country states the firearm has been proofmark-checked under the 1969 Convention.
LN 212/2026, reg 19(2)(d) · Police and judicial cooperation
“has undergone a check in accordance with the Convention of 1 July 1969 on the Reciprocal Recognition of Proofmarks on Small Arms”
One way: Gibraltar to Spain/EUThe holder of an EU country-issued European Firearms Pass may temporarily bring a non-prohibited firearm into Gibraltar without an import authorisation.
LN 212/2026, reg 20(1) · Police and judicial cooperation
“the holder of a valid European Firearms Pass issued by a competent authority of a Member State may temporarily import a firearm which is not a prohibited weapon into Gibraltar”
One way: Gibraltar to Spain/EUThe holder of a Pass issued by the Commissioner may travel to any EU country with the listed firearm and ammunition.
LN 212/2026, reg 20(2) · Police and judicial cooperation
“where a person holds a European Firearms Pass issued by the Commissioner of Police, that person may travel to any Member State with any firearm and ammunition”
One way: Gibraltar to Spain/EUTravelling from Gibraltar, the person must obtain beforehand any import or transit authorisation an EU country requires; without a Pass, EU country destination rules govern.
LN 212/2026, reg 20(3), (4) and (6) · Police and judicial cooperation
“that authorisation must be obtained prior to departure from Gibraltar”
One way: Gibraltar to Spain/EUThe Commissioner puts on the Pass an express statement where an EU country prohibits, or requires prior consent for, movement of a firearm into it.
LN 212/2026, reg 21(4) and (5) · Police and judicial cooperation
“the Commissioner of Police, at the time of issue of the European Firearms Pass, shall include in that Pass an express statement to the effect that the firearm may not be transferred to that particular Member State”
One way: Gibraltar to Spain/EUA visitor with a Category B firearm must have a Gibraltar visitor's permit before arrival; the Commissioner informs the visitor's EU country of residence of the permit.
LN 212/2026, reg 26(1) and (10) · Police and judicial cooperation
“must obtain, prior to arrival in Gibraltar, a visitor's permit for possession … he shall inform the Member State of the permit holder’s residence”
Both waysFirearms may be temporarily sent for cleaning, repair or deactivation both from Gibraltar to an EU country dealer and from an EU country to a Gibraltar dealer.
LN 212/2026, reg 27(1) · Police and judicial cooperation
“from a section 4 certificate holder in Gibraltar to a registered firearms dealer established in a Member State … from a person in a Member State to a registered firearms dealer registered in Gibraltar”
One way: Gibraltar to Spain/EUThe Commissioner may ask an EU country's designated authority for information on a device.
LN 214/2026, reg 9(1) · Police and judicial cooperation
“The Commissioner of Police may submit a request to a designated authority of a Member State for information on a particular device”
One way: Gibraltar to Spain/EUWhen an EU country requests information on a device that is in Gibraltar's database, the Commissioner provides it as soon as practicable.
LN 214/2026, reg 9(2) · Police and judicial cooperation
“the Commissioner of Police shall, subject to any applicable requirement under the data protection legislation, provide the requesting Member State with the information so entered”
One way: Gibraltar to Spain/EUGibraltar's database records information received from an EU country's designated authority.
LN 214/2026, reg 6(1)(b) · Police and judicial cooperation
“any information received from a designated authority of a Member State”
Both waysDeactivated firearms may move Gibraltar to an EU country and EU country to Gibraltar only if marked and with a deactivation certificate.
LN 217/2026, reg 9(1) · Police and judicial cooperation
“from Gibraltar to a Member State; (b) from a Member State to Gibraltar”
One way: Gibraltar to Spain/EUA deactivation certificate issued by an EU country's designated entity is recognised in Gibraltar.
LN 217/2026, reg 9(2) · Police and judicial cooperation
“recognised in Gibraltar”
One way: Gibraltar to Spain/EUWhen an EU country resident gets a Gibraltar certificate for a Category B firearm, the Commissioner has that EU country's authority notified.
LN 219/2026, reg 3(4)(i), new s 4(11) Firearms Act · Police and judicial cooperation
“the Commissioner of Police shall ensure that the competent authority of that Member State is notified of the issue of the certificate and the details of the firearm”
Both waysOn an export application where the goods are in another State (an EU country or Gibraltar), the Minister consults that country's authorities, which answer within 10 working days.
LN 218/2026, Schedule, Art 4(3) · Customs
““States” meaning any of the Member States or Gibraltar … The states consulted shall make known within 10 working days”
Both waysHunters and sport shooters leaving through Gibraltar show a European Firearms Pass issued under Gibraltar rules or under EU country law.
LN 218/2026, Schedule, Art 9(1)(b) · Customs
“in the case of Gibraltar, the TGEU Implementation (Transfer of Firearms between Gibraltar and the European Union) Regulations 2026, and in the case of the Member States, as provided for the relevant national legislation”
One way: Gibraltar to Spain/EUWhen the Minister refuses, annuls, suspends, modifies or revokes an export authorisation, he notifies EU country authorities and shares the information.
LN 218/2026, Schedule, Art 11(2) · Customs
“he shall notify the competent authorities of the Member States and share the relevant information with them”
One way: Gibraltar to Spain/EUBefore granting an export authorisation the Minister takes into account refusals by himself or by EU country authorities and may consult them; if he grants, he notifies them.
LN 218/2026, Schedule, Art 11(3) · Customs
“or by the competent authorities of a Member State or Member States for an essentially identical transaction … he shall notify the competent authorities of the Member States, providing all relevant information to explain the decision”
One way: Gibraltar to Spain/EUGibraltar takes all appropriate measures to establish direct cooperation and information exchange between competent authorities.
LN 218/2026, Schedule, Art 19(1) · Customs
“Gibraltar shall take all appropriate measures to establish direct cooperation and exchange of information between competent authorities”
Both waysInformation exchanged is confidential and protected as under the law of the EU country or Gibraltar receiving it; use for other purposes needs the supplier's agreement.
LN 218/2026, Schedule, Art 19(2) · Customs
“the Member State or Gibraltar, or the Commission, which supplied it has expressly agreed”
One way: Gibraltar to Spain/EUThe Commissioner of Police may recognise licences issued by EU countries for explosives precursors.
LN 199/2026, Schedule, Art 6(7) · Police and judicial cooperation
“The Commissioner of Police may recognise licences issued by Member States under this Regulation.”
Both waysCriminal-conviction information is requested from, or given to, an EU country under the Exchange of Criminal Records Regulations; Gibraltar answers within 10 working days.
LN 199/2026, Schedule, Art 6(9) · Police and judicial cooperation
“receives a request from a Member State for information on a person’s criminal convictions … seeks information from a Member State regarding the criminal convictions of an applicant”
One way: Gibraltar to Spain/EUWhen the Minister restricts or prohibits a substance, he immediately informs the European Commission through the TGEU mechanisms, with reasons.
LN 199/2026, Schedule, Art 13(4) · Police and judicial cooperation
“he shall immediately inform, through the mechanisms provided for in the TGEU, the European Commission of such restrictions or prohibitions, giving his reasons”
One way: Gibraltar to Spain/EURegulations may provide for Gibraltar to recognise compliance documents and equivalent certificates issued by EU countries, EEA States or other jurisdictions.
LN 191/2026, reg 5, new s 98A(2)(h) of the 1993 Act · Other
“the recognition of documents of compliance and equivalent certificates issued by EU Member States, EEA States, or other jurisdictions”
One way: Gibraltar to Spain/EUGibraltar's administering authority and Maritime Administrator must cooperate with competent authorities of other jurisdictions, including EU countries, to apply and enforce the fuel regulations.
LN 192/2026 (consolidated edition 1 October 2026) reg 5(3), reg 5(3) · Other
“shall cooperate with each other and with the competent authorities of other jurisdictions, including EU Member States”
One way: Gibraltar to Spain/EUWhere Gibraltar is not the administering State for a company, the Gibraltar authority must cooperate with the competent authority of the administering State.
LN 192/2026 (consolidated edition 1 October 2026) reg 5(5), reg 5(5) · Other
“is not the administering State for a company”
One way: Gibraltar to Spain/EUThe regulations cover all energy used on voyages between a Gibraltar port and a port under an EU country's jurisdiction, in either direction.
LN 192/2026 (consolidated edition 1 October 2026) reg 6(2)(b), reg 6(2)(b) · Other
“the entirety of the energy used on voyages from a port in Gibraltar to a port under the jurisdiction of an EU Member State, or from a port under the jurisdiction of an EU Member State to a port in Gibraltar”
One way: Gibraltar to Spain/EUThe Gibraltar administering authority may ask competent authorities in other jurisdictions, including EU countries, to cooperate in enforcement against non-compliant ships.
LN 192/2026 (consolidated edition 1 October 2026) reg 28(2), reg 28(2) · Other
“may request the cooperation of competent authorities in other jurisdictions, including EU Member States”
Not statedThe administering authority must give companies, verifiers and competent authorities access to the FuelEU database as needed for their functions.
LN 192/2026 (consolidated edition 1 October 2026) reg 27(2), reg 27(2) · Other
“relevant companies, verifiers and competent authorities have access to the FuelEU database”
One way: Gibraltar to Spain/EUPort state inspectors in Gibraltar verify a FuelEU Document of Compliance, or an equivalent document issued by an EU country or EEA State.
LN 193/2026, reg 6, new entry 58A of Schedule 4 · Other
“or an equivalent document issued by an EU Member State or an EEA State under Regulation (EU) 2023/1805”
One way: Gibraltar to Spain/EUThe Administration must accept an inventory certificate issued by an EU country as having the same validity as a Gibraltar one.
LN 228/2026, reg 14(4) · Environment
“An inventory certificate issued by an EU Member State in accordance with Article 9 of the EU Regulation”
One way: Gibraltar to Spain/EUThe Administration must accept a ready for recycling certificate issued by an EU country as having the same validity as a Gibraltar one.
LN 228/2026, reg 15(4) · Environment
“A ready for recycling certificate issued by an EU Member State after a final survey”
One way: Gibraltar to Spain/EUWhen Gibraltar detains a ship, it must promptly inform the flag state and, for an EU country flag, that state's competent authority.
LN 228/2026, reg 24(2) · Environment
“the Administration shall promptly inform the flag state of the ship (if other than Gibraltar)”
One way: Gibraltar to Spain/EUGibraltar's Approved List of ship recycling facilities includes facilities on the European List.
LN 228/2026, reg 18(2)(a) · Environment
“ship recycling facilities included in the European List”
Not statedA ship recycling plan must be approved by the competent authority of the state where the recycling facility is located.
LN 228/2026, reg 11(3) · Environment
“approved by the competent authority of the state where the ship recycling facility is located”
One way: Gibraltar to Spain/EUCompanies must submit the verified emissions report to the authorities of flag States concerned for ships flying an EU country flag, as well as to the Minister.
LN 229/2026, reg 11, new Art 11(1a) · Environment
“submit to the Minister, and to the authorities of the flag States concerned for ships flying the flag of a Member State”
One way: Gibraltar to Spain/EUOn change of company, the previous company must send a verified report to the Minister, to flag State authorities for EU country flags, and to the new company.
LN 229/2026, reg 11, new Art 11(2) · Environment
“Minister, to the authorities of the flag States concerned for ships flying the flag of a Member State, to the new company”
One way: Gibraltar to Spain/EUThe Minister must set up information exchange and cooperation with other national authorities; penalty procedures are to be notified to the Commission, EMSA, other EU countries and the flag State.
LN 229/2026, reg 16, new Art 19(2) · Environment
“effective exchange of information and effective cooperation between Gibraltar and other national authorities”
One way: Gibraltar to Spain/EUAn expulsion order issued by the Gibraltar port authority must be notified to the Captain of the Port, the European Commission and EMSA.
LN 229/2026, reg 16, new Art 19(3) · Environment
“which shall be notified to the Captain of the Port of Gibraltar, the European Commission and the European Maritime Safety Agency”
One way: Gibraltar to Spain/EUThe flag State of a ship with an EU country flag (if not Gibraltar) must be notified of any expulsion order against its ship.
LN 229/2026, reg 16, new Art 19(3a) · Environment
“shall be notified of any expulsion order issued against a ship flying its flag”
One way: Gibraltar to Spain/EUEmployers' notification route for entitled workers extends to EEA nationals (including Switzerland), UK nationals and their family members.
LN 328/2026, reg 3(2)(a), amending reg 6(4)(a) of the Employment Regulations 1994 · Other
“an EEA national or a national of the United Kingdom of Great Britain and Northern Ireland”
Not statedConditional employment pending residence permit does not confer any right to stay in Gibraltar for more than 90 days in any 180-day period.
LN 328/2026, reg 3(4), new reg 8A(6) · Other
“be construed as conferring any right to stay in Gibraltar for more than 90 days in any 180-day period”
Not statedA transaction tax deduction is available only where it complies with de minimis aid provisions that apply by virtue of s 68(4) of the Treaty Act.
LN 338/2026, rule 6(1) · Taxation
“to de minimis aid that apply by virtue of section 68(4) of the Treaty on Gibraltar and the European Union Act 2026”
One way: Gibraltar to Spain/EUGibraltar Government submits implementation reports in line with reporting requirements and timescales set by the European Commission.
LN 046/2026 (reg 6A inserted), reg 6A(1) · Environment
“The Government shall submit reports on the implementation of these Regulations in accordance with the reporting requirements and timescales prescribed by the European Commission”
One way: Spain/EU to GibraltarImporter is exempt from equivalence duties where the European Commission has established equivalence for the third country supplying the oil, gas or coal.
LN 067/2026 reg 22, reg 22(7) · Environment
“where the importer imports crude oil, natural gas or coal from a third country for which equivalence has been established by the European Commission”
One way: Gibraltar to Spain/EUGibraltar competent authority may liaise with certification schemes recognised by the European Commission to help them operate in Gibraltar.
LN 068/2026 reg 6, reg 6(1)(d)(i) · Environment
“liaising with certification schemes recognised by the European Commission pursuant to Article 13(1) of the EU Regulation”
One way: Gibraltar to Spain/EUGibraltar competent authority may enter into arrangements with competent authorities or bodies in an EU country or the UK to help implement the EU Regulation in Gibraltar.
LN 068/2026 reg 6, reg 6(1)(d)(iii) · Environment
“entering into arrangements with any competent authority, accreditation body, or other body in a Member State of the European Union or the United Kingdom”
One way: Spain/EU to GibraltarA certification scheme recognised by the European Commission is deemed recognised for the purposes of the Regulations.
LN 068/2026 reg 7, reg 7(5) · Environment
“A certification scheme recognised by the European Commission pursuant to Article 13(1)”
One way: Spain/EU to GibraltarCertification bodies operating under schemes recognised by the European Commission must, within 90 days, apply to the Gibraltar authority for recognition or show national accreditation.
LN 068/2026 reg 20, reg 20(1) · Environment
“a certification scheme recognised by the European Commission pursuant to Article 13(1) of the EU Regulation”
One way: Gibraltar to Spain/EUGibraltar competent authority must cooperate with the competent authorities of other countries to prevent and detect illegal waste shipments.
LN 162/2026 reg 7 (new PHA s.98DA(1)(d)), s.98DA(1)(d) · Environment
“cooperating with the competent authorities of other countries”
One way: Gibraltar to Spain/EUGibraltar exporters must ensure the facilities in the country of destination have been audited by an independent third party.
LN 162/2026 reg 22 (new PHA s.98RA(1)), s.98RA(1) · Environment
“shall ensure that the facilities which will manage the waste in the country of destination”
One way: Gibraltar to Spain/EUThe audit duty does not apply where the waste goes to a facility in the United Kingdom (UK) or a European Union (EU) country.
LN 162/2026 reg 22 (new PHA s.98RA(7)(b)), s.98RA(7)(b) · Environment
“the waste is destined for a facility in the United Kingdom or an EU country”
One way: Gibraltar to Spain/EUExport of waste for disposal from Gibraltar is prohibited except, in certain circumstances, to the UK, EU or EFTA countries that are Basel Convention Parties.
LN 162/2026 reg 16 (amended PHA s.98O), s.98O · Environment
“prohibition on export of waste destined for disposal except, in certain circumstances, to the United Kingdom, EU or EFTA countries”
One way: Gibraltar to Spain/EUImports into Gibraltar of waste for disposal from countries outside the EU and EFTA are prohibited unless the dispatch country is a Basel Party or an agreement covers it.
LN 162/2026 reg 24 (new PHA s.98T(2)), s.98T(2) · Environment
“imports of waste destined for disposal into Gibraltar from countries outside the European Union and outside the European Free Trade Association shall be prohibited”
One way: Gibraltar to Spain/EUGibraltar regulations may make provision for the electronic system to interoperate with the EU central system under Article 27(3) of Regulation 2024/1157.
LN 162/2026 reg 13 (new PHA s.98LA(2)(b)), s.98LA(2)(b) · Environment
“make provision for the interoperability of any system established by the Minister with the central system referred to in Article 27(3) of the 2024 Regulation”
One way: Gibraltar to Spain/EUMinister may list non-OECD countries for non-hazardous waste export, having regard to the European Commission's criteria and any Commission list under Article 41 of Regulation 2024/1157.
LN 162/2026 reg 19 (new PHA s.98PAA(3)), s.98PAA(3) · Environment
“the criteria applied by the European Commission in establishing the equivalent list under Article 41 of the 2024 Regulation”
One way: Gibraltar to Spain/EUGibraltar's Market Surveillance Authority must cooperate with market surveillance authorities of EU countries on batteries.
LN 159/2026 reg 6 (new reg 14F(2)(f)), reg 14F(2)(f) · Environment
“cooperating with market surveillance authorities of Member States of the European Union.”
One way: Gibraltar to Spain/EUWaste batteries exported from Gibraltar count towards targets only if the exporter gives evidence approved by the destination country's competent authority that treatment was equivalent.
LN 159/2026 reg 6 (new reg 14Q(2)), reg 14Q(2) · Environment
“provides documentary evidence approved by the competent authority of the destination”
Not statedA conformity assessment body may be a legal person established in Gibraltar or in an EU country.
LN 159/2026 reg 6 (definition of conformity assessment body), reg 14 definitions · Environment
“legal person established in Gibraltar or in a Member State of the European Union”
Not statedThe Minister may use the European Environment Agency air quality index; if not, must publish a reference to that index.
LN 069/2026 (air quality index provision, subregs (4)-(6)), air quality index regulation, subregs (4)-(6) · Environment
“The Minister may use the air quality index provided by the European Environment Agency”
One way: Spain/EU to GibraltarDelegated acts adopted by the European Commission under the EU ecodesign Regulation become ecodesign requirements in Gibraltar from their dates of application.
LN 161/2026, reg 6(1) · Environment
“Delegated acts adopted by the European Commission under Article 4 of the EU”
One way: Spain/EU to GibraltarMinister must have regard to, and may give effect to, the working plan the European Commission publishes under the EU Regulation.
LN 161/2026, reg 7(1) · Environment
“shall have regard to, and may give effect in Gibraltar to, the working plan”
One way: Gibraltar to Spain/EUThe competent authority must recognise the digital product passport registry established by the European Commission.
LN 161/2026, reg 15(1) · Environment
“The competent authority shall recognise the digital product passport registry established”
One way: Gibraltar to Spain/EUThe competent authority and HM Customs Gibraltar have access to the digital product passport registry for their duties.
LN 161/2026, reg 15(3) · Environment
“HM Customs Gibraltar shall have access to the registry”
One way: Gibraltar to Spain/EUPersons releasing a covered product for free circulation in Gibraltar must give HM Customs Gibraltar the product registration identifier; Customs releases only after checking it against the registry.
LN 161/2026, reg 16(1)-(2) · Environment
“shall provide or make available to HM Customs Gibraltar the unique registration identifier”
Not statedDuties on manufacturers established outside Gibraltar apply in practice only so far as enforceable through the reg 63 cooperation mechanisms or conditions on importers.
LN 161/2026, reg 22(4)(b) · Environment
“manufacturers established outside Gibraltar, in so far as those obligations may be enforced through the cooperation mechanisms in regulation 63”
One way: Gibraltar to Spain/EUMinister may by further regulations provide for recognition in Gibraltar of conformity assessment results and certificates issued by notified bodies designated by EU countries.
LN 161/2026, reg 39(1) · Environment
“recognition in Gibraltar of conformity assessment results and certificates issued by”
One way: Gibraltar to Spain/EUMinister may enter into arrangements with the European Commission, EU country notifying authorities or UK authorities instead of setting up a notifying authority.
LN 161/2026, reg 46(1) · Environment
“enter into arrangements with the European Commission, EU Member State notifying authorities”
One way: Gibraltar to Spain/EUMinister may make regulations to recognise in Gibraltar notified bodies designated by EU countries and to coordinate assessment activities with EU-designated notified bodies.
LN 161/2026, reg 48(4) · Environment
“recognition in Gibraltar of notified bodies designated by EU Member States”
Not statedCompetent authority and market surveillance authority must cooperate with relevant bodies or authorities: exchange enforcement information, coordinate surveillance, facilitate recognition, joint activities.
LN 161/2026, reg 63(1) · Environment
“shall cooperate with any”
One way: Spain/EU to GibraltarA manufacturer's authorised representative, or the operator responsible for compliance, may be established in Gibraltar or in the European Union (EU).
LN 161/2026, reg 3(1) 'authorised representative'; reg 32(1)(b) · Environment
“established in Gibraltar or in the European Union”
Not statedIn the 2024 waste Regulation a 'third country' means any country other than Gibraltar, so shipments to or from Spain fall under the export, import and transit rules.
LN 164/2026, reg 5(2)(g) · Environment
“a reference to a “third country” is a reference to a country other than Gibraltar”
Not statedA reference to an EU country other than the one acting is read as a country that was an EU country on exit day.
LN 164/2026, reg 5(2)(b) · Environment
“except where the reference is to a Member State other than the one in which the action is being taken”
Not statedThe competent authority of an EU country is the body that country designated under Article 75 of the 2024 Regulation, or under Article 53 of Regulation 1013/2006.
LN 164/2026, reg 6(1)(b) · Environment
“in relation to an EU country, is a reference to the body designated by that country”
One way: Gibraltar to Spain/EUThe duty in Article 14(13) to inform the Commission and OECD Secretariat is read as a duty to ensure the OECD Secretariat is informed where appropriate; the Commission is dropped.
LN 164/2026, reg 14(2) · Environment
“shall be read as a requirement to ensure, where appropriate, that the OECD Secretariat is informed”
One way: Gibraltar to Spain/EUArticle 31 (border-area agreements) applies to Gibraltar to the extent the Minister considers it necessary or desirable to conclude agreements with neighbouring jurisdictions.
LN 164/2026, reg 20(2) · Environment
“for the purposes of concluding such agreements with neighbouring jurisdictions”
One way: Gibraltar to Spain/EUThe ban on export of waste for disposal does not apply to exports for disposal in the United Kingdom (UK), the European Union (EU) or EFTA countries that are Basel Convention Parties.
LN 164/2026, reg 24(1)(b) · Environment
“shall not apply to exports of waste destined for disposal in the United Kingdom, the EU or EFTA countries”
One way: Gibraltar to Spain/EUWhere waste is proposed for disposal in an EU or EFTA country, the Government must make a prior reasoned request to that country's competent authority that capacity does not exist in Gibraltar.
LN 164/2026, reg 24(1)(d) · Environment
“the Government shall be required to present a prior duly reasoned request”
One way: Gibraltar to Spain/EUNotifications to the Commission under Article 39 are read as ensuring the Basel Convention Secretariat is informed by the Minister before the end of each calendar year.
LN 164/2026, reg 25(1)(b) · Environment
“read as a requirement to ensure the Secretariat of the Basel Convention is informed by the Minister”
Not statedWaste for recovery shipped through Gibraltar from and to an EU country or OECD Decision country is dealt with under Article 53 of the 2024 Regulation, with necessary changes.
LN 164/2026, reg 28(2)(b) · Environment
“shipped through Gibraltar from and to an EU country or a country to which the OECD Decision applies”
One way: Gibraltar to Spain/EUGibraltar competent authorities must, where appropriate, cooperate bilaterally and multilaterally with competent authorities of EU countries and other countries to prevent and detect illegal shipments.
LN 164/2026, reg 30(6)(a) · Environment
“shall, where appropriate, cooperate, bilaterally and multilaterally, with the competent authorities of EU countries”
One way: Gibraltar to Spain/EUArticle 66 (enforcement group) does not apply to Gibraltar, but the Gibraltar competent authority may, if the Minister directs, participate in or cooperate with such a group.
LN 164/2026, reg 30(7) · Environment
“if the Minister so directs, participate in or cooperate with any such group”
One way: Gibraltar to Spain/EUArticles 67 to 71 do not apply to Gibraltar, but the Gibraltar competent authority must cooperate with requests from the Commission or EU countries' competent authorities for information or assistance on illegal shipments involving or transiting Gibraltar.
LN 164/2026, reg 30(8) · Environment
“shall cooperate with any requests from the European Commission or competent authorities of EU countries”
One way: Spain/EU to GibraltarMinister may amend the Annexes by regulations having regard to delegated or implementing acts adopted by the European Commission.
LN 164/2026, reg 31(1)(d) · Environment
“any delegated acts or implementing acts adopted by the European Commission”
Not statedGibraltar must, where appropriate and necessary, cooperate with other Parties to the Basel Convention and inter-State organisations, including exchanging information.
LN 164/2026, reg 34 · Environment
“shall cooperate with other Parties to the Basel Convention”
One way: Gibraltar to Spain/EUMinister may designate places where waste entering or leaving Gibraltar is controlled; if so, shipments must use only those places.
LN 164/2026, reg 36(1)-(2) · Environment
“places at which waste entering or leaving Gibraltar is controlled”
One way: Gibraltar to Spain/EUCompetent authority may decide that a voluntary scheme recognised by the European Commission under Article 30(4) of the Directive gives adequate evidence of compliance.
LN 169/2026, reg 24(1) · Environment
“voluntary scheme that has been recognised by the European Commission pursuant to Article 30(4) of the Directive”
One way: Gibraltar to Spain/EUAny obligation to report to or notify the European Commission is omitted; Implementing Regulation provisions requiring notification or reporting to the Commission do not apply in Gibraltar.
LN 169/2026, reg 25(2)(d); Schedule 2 para 1 · Environment
“any obligation to report to, or notify, the European Commission shall be omitted”
One way: Gibraltar to Spain/EUAccreditation of certification bodies may be by a national accreditation body in Gibraltar, or of the United Kingdom (UK) or of a European Union (EU) country.
LN 169/2026, reg 25(4)(b) · Environment
“or of the United Kingdom or of an EU Member State”
One way: Gibraltar to Spain/EUCompetent authority must recognise guarantees of origin issued by EU countries under the Directive and may refuse only on well-founded doubts about accuracy, reliability or veracity.
LN 169/2026, reg 36(1)-(2) · Environment
“shall recognise guarantees of origin issued by EU Member States in accordance with the Directive”
One way: Gibraltar to Spain/EUCompetent authority must recognise installer certifications awarded by European Union (EU) countries and the United Kingdom (UK) under equivalent criteria.
LN 169/2026, reg 37(3) · Environment
“shall recognise certifications awarded by EU Member States and the United Kingdom”
One way: Gibraltar to Spain/EUCompetent authority must ensure the Gibraltar Register is interoperable, as far as practicable, with the EU database and with equivalent databases in the UK or EU countries.
LN 169/2026, reg 43(1) · Environment
“interoperable, to the extent practicable, with the Union database and with any equivalent databases”
One way: Gibraltar to Spain/EUCompetent authority may recognise national schemes established by EU countries or the UK that give an equivalent standard of verification.
LN 169/2026, reg 46 · Environment
“may recognise national schemes established by EU Member States or by the United Kingdom”
One way: Gibraltar to Spain/EUOperators already under schemes recognised by the European Commission are treated as under a recognised scheme for a transitional period if they notify the competent authority in writing within three months.
LN 169/2026, reg 57(1) · Environment
“voluntary scheme recognised by the European Commission pursuant to Article 30(4) of the Directive shall”
Not statedThe sustainability criteria for energy from biofuels, bioliquids and biomass fuels apply whether produced within or imported into Gibraltar.
LN 169/2026, reg 14(2) · Environment
“regardless of whether they are produced within or are imported into Gibraltar”
One way: Gibraltar to Spain/EUGibraltar recognises an emission type-approval granted by an EU country approval authority under the Euro 7 Regulation.
LN 174/2026, reg 15(1) · Environment
“granted by the approval authority of a Member State of the European Union … shall be recognised in Gibraltar”
Not statedGibraltar licensing authority must accept a certificate of conformity for a vehicle type-approved under the Euro 7 Regulation for registration.
LN 174/2026, reg 15(2) · Environment
“shall be accepted by the licensing authority for the purposes of registration”
One way: Gibraltar to Spain/EUFrom 29 November 2026 Gibraltar will not recognise any EU or national emission type-approval for a new M1/N1 vehicle type not complying with Euro 7.
LN 174/2026, reg 5 · Environment
“no EU emission type-approval or national emission type-approval shall be recognised in Gibraltar”
One way: Gibraltar to Spain/EUFrom 29 May 2028 Gibraltar will not recognise any EU or national emission type-approval for a new M2/M3/N2/N3 or O3/O4 type not complying with Euro 7.
LN 174/2026, reg 7 · Environment
“no EU emission type-approval or national emission type-approval shall be recognised in Gibraltar”
One way: Gibraltar to Spain/EUAn authorisation granted by the European Commission under REACH Article 60 is treated as an authorisation in Gibraltar, on the same conditions, time limits and review periods.
LN 183/2026, reg 8 · Environment
“An authorisation granted by the European Commission under Article 60 of the REACH … shall be treated as an authorisation for the purposes of regulation 7(1) … subject to the same conditions, time limits, and review periods as those imposed by the Commission”
One way: Gibraltar to Spain/EUHarmonised classifications in the CLP Regulation set out in Schedule 3 are recognised and applied in Gibraltar.
LN 183/2026, reg 18 and Sch 3 · Environment
“The harmonised classifications set out in Schedule 3 shall be recognised and applied”
One way: Gibraltar to Spain/EUThe ECHA Candidate List, REACH Annex XVII restrictions, Annex XIV authorisation list and CLP Annex VI harmonised classifications apply in Gibraltar.
LN 183/2026, reg 34(1) · Environment
“maintained by the European Chemicals Agency under Article 59 of the REACH Regulation shall be treated as a substance of very high concern … the restrictions set out in Annex XVII to the REACH Regulation shall apply as restrictions”
One way: Gibraltar to Spain/EUGibraltar competent authority must update its list of substances of very high concern within 3 months of any amendment to the ECHA Candidate List.
LN 183/2026, Sch 2 para 2 · Environment
“must update the list within 3 months of any amendment to the Candidate List maintained by the European Chemicals Agency”
One way: Gibraltar to Spain/EUA person established in Gibraltar or any EU country who imports into Gibraltar must ensure substances, mixtures and articles meet Gibraltar restrictions, authorisation, classification and data sheet rules.
LN 183/2026, reg 3(1) 'importer' with reg 23(1) · Environment
“any natural or legal person established in Gibraltar or any Member State of the European Union who is responsible for importing … An importer must ensure that any substance, mixture or article imported into Gibraltar complies with”
One way: Gibraltar to Spain/EUAn importer (including one established in an EU country) or downstream user placing a hazardous mixture on the Gibraltar market must notify the Gibraltar competent authority of its composition and classification.
LN 183/2026, reg 17(1) · Environment
“An importer or downstream user who places a mixture that is hazardous for health or physical effects on the market must notify the competent authority”
One way: Gibraltar to Spain/EUA biocidal product with a valid EU authorisation (EU country, Commission or simplified) is treated as authorised in Gibraltar.
LN 182/2026, reg 6(1) · Environment
“which is the subject of a valid EU authorisation shall be treated as authorised for the purposes of regulation 5”
Not statedA person making a product available in Gibraltar in reliance on an EU authorisation must notify the Gibraltar competent authority of product, holder, product-type and active substances.
LN 182/2026, reg 6(2)(b) · Environment
“in reliance on an EU authorisation shall … notify the competent authority, in such form and within such time as the competent authority may specify”
One way: Gibraltar to Spain/EUThe Gibraltar competent authority may prohibit or restrict a product relying on an EU authorisation where that authorisation has been cancelled, amended, suspended or expired, or EU law is not complied with.
LN 182/2026, reg 6(4)(a) and (d) · Environment
“the EU authorisation has been cancelled, amended, suspended or has expired … does not comply with the relevant rules of Union law”
One way: Gibraltar to Spain/EUActive substances approved under BPR Article 9(1)(a) and the Commission's conditions of approval are treated as approved in Gibraltar.
LN 182/2026, reg 23(1)(a) and (c) · Environment
“the active substances approved under Article 9(1)(a) of the BPR … the conditions and specifications of approval imposed by the European Commission”
One way: Gibraltar to Spain/EUThe Gibraltar competent authority must take into account decisions of the Commission, ECHA and EU country competent authorities on biocidal product authorisations.
LN 182/2026, reg 23(1)(d) · Environment
“the decisions of the European Commission, the European Chemicals Agency and the national competent authorities of member states of the European Union … shall be taken into account by the competent authority”
One way: Gibraltar to Spain/EUThe water quality rules do not apply to natural mineral waters recognised as such by the competent authority of the United Kingdom (UK) or a European Union (EU) country.
LN 184/2026, reg 4(1)(a) · Environment
“natural mineral waters recognised as such by the competent authority of the United Kingdom or a Member State of the European Union”
One way: Gibraltar to Spain/EUCorporate criminal liability under the regulations extends to legal persons under Gibraltar law or, where applicable, the law of an EU country, but not to an EU country itself.
LN 173/2026, reg 3 'legal person' · Environment
“where applicable, the law of a Member State of the European Union”
Not statedA carrier on a non-stop scheduled route between a UK or EU airport and Gibraltar Airport can count as a new entrant for slots, within stated limits.
LN 210/2026 reg 3(1) 'new entrant', Regulation 3(1), 'new entrant' para (b) · Other
“a non-stop scheduled passenger service between a United Kingdom or European Union airport and Gibraltar Airport”
Not statedSlot non-use below 80 percent is excused where serious disturbance at Gibraltar Airport affected related slot series at UK or EU airports.
LN 210/2026 reg 13(4)(a)(iii), Regulation 13(4)(a)(iii) · Other
“including those series of slots at other UK airports or at EU airports related to routes which have been affected by such disturbance”
Not statedGibraltar customs may accept, as a form of guarantee, participation in a general guarantee scheme administered by the customs authority of an EU country.
LN 211/2026 (TGEU Implementation (Special Customs Procedures Concerning Union Goods) Regulations 2026), Schedule 2, Part B, item 7 (UCC Delegated Act Article 83(e)) · Customs
“participation, subject to payment of a contribution, in a general guarantee scheme administered by the customs authority or the customs authorities of a Member State”
One way: Gibraltar to Spain/EUFor machines in manufacturing facilities outside Gibraltar the importer must apply for the machine identifier code, with the consent of the facility's responsible entity, and tell that entity the details.
LN 118/2026 (Tobacco Products (Traceability and Security Features) Regulations 2026), Article 18(3) · Tobacco
“The obligation to apply for a machine identifier code related to machines and machine parts located in manufacturing facilities outside Gibraltar shall lie with the importer … The importer shall inform the economic operator responsible for the manufacturing facility outside Gibraltar”
One way: Gibraltar to Spain/EUFor small consignments dispatched from Gibraltar to destinations outside Gibraltar, the Collector of Customs may let the carrier's own track-and-trace records discharge the recording duty.
LN 118/2026 (Tobacco Products (Traceability and Security Features) Regulations 2026), Article 32(5) · Tobacco
“is destined for outside Gibraltar, the Collector of Customs may allow the recording obligation … providing access to the logistic or postal operator's own track and trace system records”
One way: Spain/EU to GibraltarA non-Gibraltar ship of 500 GT or more calling at Gibraltar that flies an EU country flag must carry an inventory of hazardous materials meeting Article 12 of the EU Regulation.
LN 228/2026 (Ship Recycling Regulations 2026), reg 17(2)(a) · Environment
“in the case of a ship flying the flag of an EU Member State, comply with the requirements of Article 12 of the EU Regulation”
One way: Gibraltar to Spain/EUGibraltar accepts an inventory certificate issued by an EU country as evidence that a visiting ship's hazardous-materials inventory complies.
LN 228/2026 (Ship Recycling Regulations 2026), reg 17(3) · Environment
“An inventory certificate issued by an EU Member State under the EU Regulation or a statement of compliance shall be accepted as evidence of compliance with subregulation (2)(a) or (b)”
One way: Spain/EU to GibraltarThe inventory of hazardous materials is compiled taking into account guidelines adopted by the IMO and the European Maritime Safety Agency.
LN 228/2026 (Ship Recycling Regulations 2026), reg 7(2) · Environment
“guidelines adopted by the International Maritime Organization and the European Maritime Safety Agency”
One way: Spain/EU to GibraltarGibraltar authorises Recognised Organisations only if recognised under EU Regulation (EC) No 391/2009 or otherwise approved by the Administration.
LN 228/2026 (Ship Recycling Regulations 2026), reg 16(2) · Environment
“organisations which are recognised in accordance with Regulation (EC) No 391/2009 or which are otherwise approved by the Administration”
One way: Gibraltar to Spain/EUIn reviewing the Regulations the Minister must have regard to how the EU Regulation is implemented in EU countries.
LN 228/2026 (Ship Recycling Regulations 2026), reg 27(2)(a) · Environment
“the Minister shall have regard to — (a) how the provisions of the EU Regulation are implemented in EU Member States”
One way: Spain/EU to GibraltarThe Gibraltar Minister may amend the Schedules by regulations to give effect to any amendment to EU Regulation 2023/1805.
LN 192/2026 (consolidated edition 1 October 2026), reg 31 · Environment
“the purpose of giving effect to any amendment to Regulation (EU) 2023/1805”
One way: Spain/EU to GibraltarFuel pathways and emission factors are determined by reference to Annex II of EU Regulation 2023/1805 as updated by EU delegated or implementing acts.
LN 192/2026 (consolidated edition 1 October 2026), Sched 2 Part C note · Environment
“shall be determined by reference to Annex II of Regulation (EU) 2023/1805, as updated by any delegated or implementing act adopted thereunder”
One way: Spain/EU to GibraltarThe Minister may specify further zero-emission-technology criteria having regard to implementing acts of the European Commission under Regulation 2023/1805.
LN 192/2026 (consolidated edition 1 October 2026), Sched 3 para 5 · Environment
“having regard to any implementing acts adopted by the European Commission”
One way: Gibraltar to Spain/EUA seller established outside Gibraltar who sells into Gibraltar by distance contract must be registered with the Gibraltar competent authority, or have a registered authorised representative, to place listed products on the market.
LN 160/2026 (Single-Use Plastics Regulations 2026) regs 2, 19(1), reg 2 'producer' (b); reg 19(1) · Environment
“established outside Gibraltar that professionally sells in Gibraltar directly to private households … unless the producer, or the producer's authorised representative, is registered with the competent authority”
One way: Gibraltar to Spain/EUA Gibraltar producer selling listed products in another jurisdiction where it is not established must appoint an authorised representative there, where that other jurisdiction's law requires it.
LN 160/2026 reg 20(2), reg 20(2) · Environment
“shall, where required to do so under the law of that other jurisdiction, appoint an authorised representative in that other jurisdiction”
Not statedMarking specifications for listed single-use plastic products are those of Commission Implementing Regulation (EU) 2020/2151.
LN 160/2026 reg 12(1), reg 12(1) · Environment
“shall be those established by Commission Implementing Regulation (EU) 2020/2151 of 17 December 2020”
Not statedRegulations setting the recycled-content calculation method must have regard to Commission implementing acts under Article 6(5) of Directive (EU) 2019/904.
LN 160/2026 reg 10(3), reg 10(3) · Environment
“shall have regard to any implementing acts adopted by the European Commission under Article 6(5) of the Directive”
Not statedThe ban on placing listed products on the market covers importation, but not products in transit through Gibraltar or stored there only for onward shipment outside Gibraltar.
LN 160/2026 reg 7(2)-(3), reg 7(2), (3) · Environment
“including by way of domestic manufacture, importation, distribution, or making available on the market … which are in transit through Gibraltar or which are stored in Gibraltar solely for the purpose of onward shipment to a destination outside Gibraltar”
Not statedFrom 1 January 2027 a Gibraltar importer must show to the competent authority that supply contracts from outside the EU cover only oil, gas or coal under equivalent monitoring, reporting and verification.
LN 067/2026 (Climate Change (Methane) Regulations 2026) reg 22(3), reg 22(3); reg 3 'importer' · Environment
“contracts concluded or renewed on or after 4th August 2024 for the supply of crude oil, natural gas or coal produced outside the Union cover only crude oil, natural gas or coal that is subject to monitoring, reporting and verification measures”
Not statedA duty to keep average exposure of PM2.5 and NO2 below the objectives is addressed to 'Member States'.
LN 069/2026 (Environment (Air Quality Standards) (Amendment) Regulations 2026) new reg 23(2), reg 23(2) (inserted by reg 26) · Environment
“Member States shall maintain the levels of those pollutants below the average exposure concentration objectives”
Not statedThe Minister may postpone an air-quality attainment deadline to 1 January 2040 if justified by, among other grounds, transboundary contributions.
LN 069/2026 new reg 19(1)(a), reg 19(1)(a) (inserted by reg 21) · Environment
“transboundary contributions, or where the necessary reductions can only be achieved by replacing a considerable fraction”
Not statedWaste batteries may be treated outside Gibraltar if the shipment complies with the law on transboundary movement of waste.
LN 159/2026 (Environment (Waste) (Amendment) Regulations 2026) new reg 14Q(1), reg 14Q(1) (inserted by reg 6(4)) · Environment
“Treatment of waste batteries may be undertaken outside Gibraltar, provided that the shipment of waste batteries or fractions thereof complies with the applicable requirements of the law relating to the transboundary movement of waste”
Not statedThe Board must seek projects based in Gibraltar, but may invest in projects partially in Gibraltar or entirely outside Gibraltar where none are available or enough.
LN 066/2026 (Climate Action Fund Regulations 2026) reg 20(2), reg 20(2) · Environment
“may invest in projects that are partially based in Gibraltar or which are entirely outside Gibraltar”
Not statedReferences in a delegated act to EU countries, the Commission or EU institutions are read, for Gibraltar, as references to the Minister, competent authority or relevant Gibraltar authority.
LN 161/2026, reg 6(2) · Environment
“References in a delegated act to Member States, the Commission or Union institutions shall, for the purposes of the application of that act in Gibraltar, be read as references to the Minister”
One way: Gibraltar to Spain/EUEconomic operators placing products on the market in Gibraltar must comply with obligations to upload data to the registry (the registry is the Commission's, recognised under reg 15(1)).
LN 161/2026, reg 15(2) · Environment
“Economic operators placing products on the market in Gibraltar shall comply with any obligations to upload data to the registry”
One way: Gibraltar to Spain/EUProducts awarded the EU Ecolabel are presumed to comply with Gibraltar ecodesign requirements to the extent the Ecolabel criteria cover them.
LN 161/2026, reg 36(4) · Environment
“Products which have been awarded the EU Ecolabel shall be presumed to comply with the ecodesign requirements”
One way: Spain/EU to GibraltarDelegated and implementing acts adopted under the EU Regulation apply in Gibraltar via reg 6; the Minister keeps their operation under review.
LN 161/2026, reg 62(1) · Environment
“Delegated and implementing acts adopted under the EU Regulation shall apply in Gibraltar in accordance with regulation 6.”
One way: Spain/EU to GibraltarIn each five-yearly review of these Regulations the Minister must have regard to evaluations carried out by the European Commission under the EU Regulation.
LN 161/2026, reg 64(2)(a) · Environment
“the Minister shall have regard to— … the evaluations carried out by the European Commission under the EU Regulation”
Not statedThe Gibraltar Register serves in place of the EU database; references to the EU database in the Directive and Implementing Regulation are read as references to the Register.
LN 169/2026, reg 42(2) · Environment
“The Register shall serve in place of the Union database referred to in the Directive and the Implementing Regulation for the purposes of Gibraltar”
One way: Gibraltar to Spain/EULow ILUC-risk rules of the Implementing Regulation apply in Gibraltar with every reference to the European Commission omitted and every reference to an EU country read as Gibraltar or the competent authority.
LN 169/2026, reg 49(1) · Environment
“any reference to the European Commission shall be omitted … any reference to a Member State shall be read as a reference to Gibraltar or the Competent Authority”
One way: Gibraltar to Spain/EUA certificate, proof of sustainability or audit report issued under a Commission-recognised voluntary scheme and valid before commencement stays valid in Gibraltar for the shorter of its term or twelve months.
LN 169/2026, reg 57(2) · Environment
“voluntary scheme recognised by the European Commission pursuant to Article 30(4) of the Directive, and which was valid immediately … shall continue to be valid for the purposes of these Regulations”
One way: Gibraltar to Spain/EUA certification body accredited by an EU country or UK national accreditation body and operating under a Commission-recognised scheme is treated as meeting reg 25 during the transitional period if it registers with the competent authority within three months.
LN 169/2026, reg 57(3) · Environment
“was accredited by a national accreditation body of an EU Member State or of the United Kingdom … be treated as meeting the requirements of regulation 25”
Not statedGibraltar-law deactivated firearms from before the Implementation Date count as deactivated when transferred Gibraltar to an EU country or EU country to Gibraltar, if the standards give equivalent security.
LN 217/2026, reg 9(3) · Police and judicial cooperation
“shall be considered to be deactivated firearms, including when transferred- … (b) from a Member State to Gibraltar;”
Not statedEconomic operators and professional users report significant disappearances or thefts of explosives precursors within 24 hours to the national contact point of the EU country or of Gibraltar where it happened.
LN 199/2026, Schedule, Art 9(5) · Police and judicial cooperation
“the national contact point of the Member State or the national contact point for Gibraltar, where the disappearance or theft took place”
Not statedIn deciding on an explosives precursor licence, the Gibraltar Commissioner of Police takes into account earlier convictions from courts of Gibraltar or of an EU country.
LN 199/2026, Schedule, Art 6(1)(6)(c) · Police and judicial cooperation
“any previous criminal convictions handed down by the courts of Gibraltar or the courts of a Member State”
One way: Gibraltar to Spain/EUBringing a restricted explosives precursor into Gibraltar from an EU country or a third country is licensed for members of the public; they may not introduce it without a licence.
LN 199/2026, Schedule, Art 3(5) and Art 5(1)(1)(b) · Customs
“the act of bringing a substance into the territory of Gibraltar … whether from a Member State or from a third country, under any customs procedure”
Not statedIn drawing up his guidelines the Commissioner of Police must have regard to guidelines issued by the European Commission (inspections, exchange between authorities and EU countries, and others).
LN 199/2026, Schedule, Art 12(1) · Police and judicial cooperation
“shall have regard to any guidelines issued by the European Commission”
Not statedA magistrate may issue a warrant to search for documents connected with an offence against a corresponding law in force in a place outside Gibraltar.
LN 199/2026, Schedule, Art 11(1)(10)(b) · Police and judicial cooperation
“in the case of a transaction or dealing carried out or intended to be carried out in a place outside Gibraltar an offence against the provisions of a corresponding law in force in that place”
Not statedThe model export authorisation form states that the authorisation is valid in all EU countries / Gibraltar until its expiry date.
LN 218/2026, Schedule, Annex II · Customs
“This is an export authorisation valid in all Member States of the European Union / Gibraltar until its expiry date.”
Not statedNo person may import into or export from Gibraltar any firearm or ammunition without the licence or permission required under the Gibraltar transfer-of-firearms regulations, the 258/2012 regulations or the Minister.
LN 219/2026, reg 3(28)(a), new s 31(1) Firearms Act · Customs
“No person shall import into or export from Gibraltar any firearm or ammunition unless he has first obtained- … the TGEU Implementation (Transfer of Firearms between Gibraltar and the European Union) Regulations 2026”
Not statedWhen issuing, replacing or renewing a driver card the Driver and Vehicle Licensing Department verifies by electronic data exchange that the driver holds no other valid card; exchange with the other Party must be possible through TACHOnet.
LN 140/2026, reg 12(5), new reg 10A(3)-(4) of the Gibraltar recording equipment regulations · Mobility
“the exchange of electronic data with the other Party shall be possible through the TACHOnet messaging system … the Driver and Vehicle Licensing Department shall verify through electronic data exchange that the driver does not already hold another valid driver card”
Not statedDriving licences, qualification-card models and training content count as equivalent for Gibraltar's driver-qualification rules only if recognised as equivalent by the EU-UK treaty committee on economy and trade.
LN 140/2026, reg 10(4)(c), (5)(c), (6) and Appendix 27-B-1-1 (Traffic (Drivers' Qualification and Training) Regulations 2008) · Institutions and disputes
“recognised as equivalent by the Specialised Committee on Economy and Trade”
Not statedThe UK's national contact point to Europol is the central point of contact between Europol and the competent authorities of the UK for Gibraltar.
Agreement (CP 1645), Article 77(1) · Police and judicial cooperation
“shall act as the central point of contact between Europol and the competent authorities of the United Kingdom, in respect of Gibraltar”
Not statedThe UK national contact point is also the central point of contact for review, correction and deletion of personal data.
Agreement (CP 1645), Article 77(3) · Police and judicial cooperation
“shall also be the central point of contact in respect of review, correction and deletion of personal data”
Both waysChapter aim: to establish cooperation between Eurojust and the competent authorities of the UK for Gibraltar against serious crimes in Annex 11.
Agreement (CP 1645), Article 89 · Police and judicial cooperation
“establish cooperation between Eurojust and the competent authorities of the United Kingdom, in respect of Gibraltar”
Not statedAll communications and notifications under the Eurojust chapter go through the national contact points (Art 94) and liaison prosecutors (Art 95).
Agreement (CP 1645), Article 91 · Police and judicial cooperation
“shall be performed through the national contact points as set out in Article 94 and the liaison prosecutors as set out in Article 95”
One way: Spain/EU to GibraltarThe EU-UK treaty committee on the circulation of persons may, on a proposal from the EU, amend Annex 11 when Eurojust's competence changes.
Agreement (CP 1645), Article 92(3) · Police and judicial cooperation
“may, upon a proposal from the Union, amend Annex 11 accordingly”
One way: Gibraltar to Spain/EUThe UK's contact points to Eurojust, including its Domestic Correspondent for Terrorism Matters, also serve as contact points to Eurojust for the UK for Gibraltar.
Agreement (CP 1645), Article 94 · Police and judicial cooperation
“shall also serve as contact points to Eurojust for the United Kingdom, in respect of Gibraltar”
Both waysEach EU country and the UK for Gibraltar must ensure convictions are recorded with the convicted person's nationality or nationalities.
Agreement (CP 1645), Article 109(1) · Police and judicial cooperation
“Each Member State and the United Kingdom, in respect of Gibraltar, shall take the necessary measures”
Both waysThe central authority of each EU country and of the UK for Gibraltar must store information notified under Article 109, mirror later alterations or deletions, and reply to requests only with updated information.
Agreement (CP 1645), Article 110(1)-(3) · Police and judicial cooperation
“The central authority of each Member State and of the United Kingdom, in respect of Gibraltar, shall store all information notified under Article 109”
Both waysWhere criminal-record data was requested for non-criminal-proceedings purposes, the receiving EU country or UK for Gibraltar may use it only within limits set by the requested central authority in the Annex 12 form.
Agreement (CP 1645), Article 114(2) · Police and judicial cooperation
“may be used by a Member State or by the United Kingdom, in respect of Gibraltar, in accordance with its domestic law only within the limits specified by the requested central authority”
Both waysData supplied in reply to a request may, despite paragraphs 1 and 2, be used by the receiving EU country or UK for Gibraltar to prevent an immediate and serious threat to public security.
Agreement (CP 1645), Article 114(3) · Police and judicial cooperation
“may be used by that Member State or by the United Kingdom, in respect of Gibraltar, to prevent an immediate and serious threat to public security”
Both waysThe 'non-criminal ruling' parameter is indicated only when that information is given in reply to a request received by the EU country of nationality or by the UK for Gibraltar for its nationals.
Annex 12, Annex 12, penalty parameter footnote (8) · Police and judicial cooperation
“received by the Member State of nationality of the person concerned or by the United Kingdom, in respect of Gibraltar, if the person is a national of the United Kingdom”
Both waysThe treaty, supplementing and administrative arrangements and measures taken under them do not affect the UK's or Spain's legal positions on sovereignty and jurisdiction, and are no basis to assert or deny sovereignty.
Agreement (CP 1645), Article 2 · Other
“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”
One way: Gibraltar to Spain/EUA UK (Gibraltar) notification of ceasing to operate the law-enforcement provisions towards an EU country takes effect on the date it specifies, no earlier than the date that EU country stops participating in the analogous EU measures.
Agreement (CP 1645), Article 71(3) · Police and judicial cooperation
“A notification given under paragraph 2 takes effect on the date specified therein, which shall be no earlier than the date on which the Member State ceases to participate in”
Not statedWhen the UK for Gibraltar gives notice to cease applying the provisions, the EU-UK treaty committee on the circulation of persons meets to decide measures to conclude affected cooperation appropriately.
Agreement (CP 1645), Article 71(4), first sentence · Police and judicial cooperation
“the Specialised Committee on the Circulation of Persons shall meet to decide what measures are needed to ensure that any cooperation initiated under this Title that is affected by the cessation is concluded in an appropriate manner”
Both waysFor personal data obtained through cooperation before the provisions cease to apply, the Parties ensure the level of protection under which the data were transferred is kept after cessation.
Agreement (CP 1645), Article 71(4), second sentence · Police and judicial cooperation
“the Parties shall ensure that the level of protection under which the personal data were transferred is maintained after the cessation takes effect”
Not statedTransfer of personal data on victims, witnesses, other informants or persons under 18 is prohibited unless strictly necessary and proportionate in individual cases to prevent or combat a criminal offence.
Agreement (CP 1645), Article 80(1) · Police and judicial cooperation
“The transfer of personal data in respect of victims of a criminal offence, witnesses or other persons who can provide information concerning criminal offences, or in respect of persons under the age of 18, shall be prohibited unless such transfer is strictly necessary and proportionate”
Both waysEach Party establishes or maintains an operationally independent authority or body with a role in its State aid control system, impartial and with guarantees of independence.
Agreement (CP 1645), Article 205(1) · Institutions and disputes
“Each Party shall establish or maintain an operationally independent authority or body with an appropriate role in its State aid control system”
Both waysEach Party ensures that intended State aid measures are notified to its own independent authority or body and not put into effect before that body authorises them.
Agreement (CP 1645), Article 205(2) · Institutions and disputes
“Each Party shall ensure that any intended measure to grant or alter State aid is notified to their respective independent authority or body”
Not statedA Party may exempt categories of State aid from the paragraph 2 notification and authorisation duty, if exemptions are transparent and based on objective criteria.
Agreement (CP 1645), Article 205(3), first sentence · Institutions and disputes
“A Party may exempt certain categories of State aid from the obligations laid down in paragraph 2”
One way: Gibraltar to Spain/EUExemptions by the UK for Gibraltar must comply with Annex 18.
Agreement (CP 1645), Article 205(3), last sentence · Institutions and disputes
“In the case of the United Kingdom, in respect of Gibraltar, such exemptions shall comply with Annex 18.”
Both waysEach Party ensures its independent authority or body can order recovery of State aid granted without its prior authorisation.
Agreement (CP 1645), Article 205(4) · Institutions and disputes
“Each Party shall ensure that its independent authority or body has the power to order recovery of any State aid granted without prior authorisation”
Not statedNothing in Part Six prevents a Party taking action it considers necessary for its essential security interests (arms, fissionable materials, wartime or emergency).
Agreement (CP 1645), Article 288(b) · Other
“to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests”
Not statedNothing in Part Six prevents a Party taking action under its UN Charter obligations for international peace and security.
Agreement (CP 1645), Article 288(c) · Other
“to prevent a Party from taking any action pursuant to its obligations under the Charter of the United Nations”
Not statedDispute settlement under Part Six is deemed started by a Party's request for an arbitration tribunal under Article 305; under another agreement, when started under its own provisions.
Agreement (CP 1645), Article 303(3) · Institutions and disputes
“dispute settlement procedures under this Part are deemed to be initiated by a Party's request for the establishment of an arbitration tribunal under Article 305”
Not statedA Party may suspend obligations authorised under another international agreement between the Parties; such an agreement cannot be invoked to stop a Party suspending obligations under Part Six.
Agreement (CP 1645), Article 303(4) · Institutions and disputes
“nothing in this Agreement or any supplementing agreement shall preclude a Party from suspending obligations authorised under the dispute settlement procedures of another international agreement”
Both waysThe treaty, supplementing agreements, arrangements and measures under them do not affect the UK's or Spain's legal positions on sovereignty and jurisdiction over the territory where the airport is located, and are no basis to assert or deny sovereignty.
Agreement (CP 1645), Article 271(d) footnote 1 (airport chapter, to the definition of Gibraltar airport) · Other
“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”
Both waysA person compulsorily insured under Gibraltar legislation cannot join a voluntary or optional continued scheme in Spain, and a person compulsorily insured under Spanish legislation cannot join one in Gibraltar.
Protocol on social security coordination, Article SSC.14(2) · Social security
“that person may not be subject to a voluntary insurance scheme or an optional continued insurance scheme in the Kingdom of Spain … Where, by virtue of the legislation of the Kingdom of Spain, the person concerned is subject to compulsory insurance in the Kingdom of Spain”
Both waysThe person concerned is entitled to receive the higher of the independent and pro rata amounts from the competent institution of the UK for Gibraltar or of Spain.
Protocol on social security coordination, Article SSC.45(3) · Social security
“from the competent institution of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain the higher of the amounts”
Both waysThe competent institution skips the pro rata calculation where the independent benefit is always at least as high, if Annex SSC-2 lists the case, no anti-overlap rules apply, and SSC.50 does not apply to periods under the other side's legislation.
Protocol on social security coordination, Article SSC.45(4) · Social security
“in the United Kingdom, in respect of Gibraltar, or in the Kingdom of Spain invariably results in the independent benefit being equal to or higher than the pro rata benefit”
Not statedThe pro rata calculation does not apply to schemes whose benefits do not depend on periods of time, if listed in Annex SSC-2; the person gets the benefit under Gibraltar or Spanish legislation.
Protocol on social security coordination, Article SSC.45(5) · Social security
“the pro rata calculation shall not apply to schemes providing benefits in respect of which periods of time are of no relevance to the calculation, subject to such schemes being listed in Annex SSC-2”
Not statedNo case is listed for either side where the pro rata calculation is waived (Part 1) or does not apply (Part 2).
Protocol on social security coordination, Annex SSC-2, Part 1 and Part 2 · Social security
“UNITED KINGDOM, IN RESPECT OF GIBRALTAR Not applicable.”
Both waysThe competent institution counts the other side's benefit before deduction of tax, contributions and levies, unless its own legislation applies anti-overlap rules after such deductions, as set in Annex SSC-5.
Protocol on social security coordination, Article SSC.46(3)(b) · Social security
“the competent institution shall take into account the amount of benefits to be paid by the United Kingdom, in respect of Gibraltar, where the Kingdom of Spain is competent, or by the Kingdom of Spain, where the United Kingdom, in respect of Gibraltar, is competent”
Both waysThe competent institution does not count benefits acquired on the other side by voluntary or optional continued insurance.
Protocol on social security coordination, Article SSC.46(3)(c) · Social security
“the competent institution shall not take into account the amount of benefits acquired under the legislation of the United Kingdom, in respect of Gibraltar, where the Kingdom of Spain is competent, or of the Kingdom of Spain”
Both waysWhere Gibraltar or Spain applies anti-overlap rules because the person receives benefits or income from the other side, the benefit due may be reduced only by the amount of those benefits or income.
Protocol on social security coordination, Article SSC.46(3)(d) · Social security
“if the United Kingdom, in respect of Gibraltar, or the Kingdom of Spain applies rules to prevent overlapping because the person concerned receives benefits of the same or of a different kind”
Both waysWhere benefits of the same kind under both Gibraltar and Spanish legislation overlap, neither side's anti-overlap rules apply to a pro rata benefit.
Protocol on social security coordination, Article SSC.47(1) · Social security
“the rules to prevent overlapping laid down by the legislation of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain shall not be applicable to a pro rata benefit”
Not statedAnti-overlap rules apply to an independent benefit only if it is one of the types in points (a) or (b).
Protocol on social security coordination, Article SSC.47(2), opening words · Social security
“The rules to prevent overlapping shall apply to an independent benefit only if”
One way: Gibraltar to Spain/EUThe court cannot rely on the 'would not be an offence under the law of the requested State' refusal ground, on the basis of reciprocity, where the request concerns an Annex 13 offence (as defined by the requesting State) punishable there by custody or detention of at least 3 years.
LN 2026/2026 (Proceeds of Crime Act 2015 Order under the TGEU), art 13(5) · Police and judicial cooperation
“The ground of refusal in paragraph (2)(b), on the basis of reciprocity, does not apply where- (a) the request concerns one of the offences listed in Annex 13 of the TGEU as defined by the law of the requesting State; and (b) the offences are punishable by the requesting State by a custodial sentence or a detention order for a period of at least 3 years.”
One way: Gibraltar to Spain/EUThe court cannot rely on the 'would not be an offence under the law of the requested State' refusal ground, on the basis of reciprocity, where the request concerns an Annex 13 offence (as defined by the requesting State) punishable there by custody or detention of at least 3 years.
LN 2026/2026 (Proceeds of Crime Act 2015 Order under the TGEU), art 13(5) · Police and judicial cooperation
“The ground of refusal in paragraph (2)(b), on the basis of reciprocity, does not apply where- (a) the request concerns one of the offences listed in Annex 13 of the TGEU as defined by the law of the requesting State; and (b) the offences are punishable by the requesting State by a custodial sentence or a detention order for a period of at least 3 years.”
One way: Gibraltar to Spain/EUThe court cannot rely on the 'would not be an offence under the law of the requested State' refusal ground, on the basis of reciprocity, where the request concerns an Annex 13 offence (as defined by the requesting State) punishable there by custody or detention of at least 3 years.
LN 2026/2026 (Proceeds of Crime Act 2015 Order under the TGEU), art 12(8) · Police and judicial cooperation
“The ground of refusal in paragraph (2)(b), on the basis of reciprocity, does not apply where- (a) the request concerns one of the offences listed in Annex 13 of the TGEU as defined by the law of the requesting State; and (b) the offences are punishable by the requesting State by a custodial sentence or a detention order for a period of at least 3 years.”
Not statedThe Joint Coordination Committee tries to settle doubts on the tax-residence tie-break rules by mutual agreement, where all the authorities forming it so decide.
Tax agreement 2019, Article 2(1)(b)(iii) · Taxation
“shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of this paragraph (1)(b), where all the authorities forming the committee so decide”
One way: Gibraltar to Spain/EUGibraltar tax authorities give the Spanish tax authorities, by 31 March 2020, the list of Gibraltar entities that meet the 2(2)(b) conditions, with ownership and management details.
Tax agreement 2019, Article 2(2)(d) · Taxation
“the Gibraltarian tax authorities, designated pursuant to Article 4 of this Agreement, shall provide the Spanish tax authorities with the list of the legal persons”
Not statedThe competent authorities eliminate double taxation, where relevant, under their domestic law.
Tax agreement 2019, Article 2(3) · Taxation
“The competent authorities shall eliminate, where relevant, double taxation pursuant to the provisions of their domestic law.”
Both waysThe Parties apply enhanced administrative cooperation with each other to exchange tax information foreseeably relevant to taxes imposed on behalf of the Parties.
Tax agreement 2019, Article 3(1) · Taxation
“The Parties shall apply an enhanced administrative cooperation with each other with a view to exchanging information”
Both waysFrom the date EU law ceases to apply in Gibraltar, the Parties apply to each other measures equivalent to EU mutual administrative assistance rules and later OECD/G20 standards.
Tax agreement 2019, Article 3(2) · Taxation
“the Parties shall apply with regard to each other measures that have equivalent effect to the principles and all of the modalities of Union legislation regarding mutual administrative assistance”
Both waysThe liaison bodies give each other mutual administrative assistance in tax matters, whether the person affected is resident or not of either Party.
Tax agreement 2019, Article 3(3) · Taxation
“The liaison bodies designated pursuant to Article 4 shall provide mutual administrative assistance to each other in tax matters under this Agreement”
Not statedForms of cooperation available in all cases: exchange of information (automatic, spontaneous, on request), joint controls, taking part in tax examinations abroad, help with collection, serving documents.
Tax agreement 2019, Article 3(3)(a)-(c) · Taxation
“including simultaneous tax examinations or joint controls and participation in tax examinations abroad”
Not statedThe liaison bodies agree to exchange automatically the information in paragraphs (5)(a)-(b) and (10)(a)-(b).
Tax agreement 2019, Article 3(4) · Taxation
“The liaison bodies further agree to automatically exchange information on the categories of information”
One way: Gibraltar to Spain/EUGibraltar tax authorities give the Spanish tax authorities annual information on workers registered in Gibraltar as resident in Spain, and six-monthly information on vessels, aircraft and vehicles registered in Gibraltar tied to Spanish tax residents.
Tax agreement 2019, Article 3(5)(a)-(b) · Taxation
“The Gibraltarian tax authorities, designated pursuant to Article 4 of this Agreement, shall provide the Spanish tax authorities similarly designated, with the following”
One way: Gibraltar to Spain/EUGibraltar gives the Spanish tax authorities direct and free access to the Companies Registrar records and Land Registry, and direct access to beneficial-ownership and trust information held by the Commissioner of Income Tax.
Tax agreement 2019, Article 3(5)(c)-(e) · Taxation
“The direct and free access to the records of the Registrar of Companies in Gibraltar … Direct access to beneficial ownership information as is public or, on request to the Commissioner of Income Tax in Gibraltar”
One way: Gibraltar to Spain/EUThe annual worker information under 3(5)(a) is exchanged within four months after the calendar year ends; the first exchange covers periods from 1 January 2014 and is due within four months of entry into force.
Tax agreement 2019, Article 3(6)-(7) · Taxation
“information is to be exchanged within four months after the end of the calendar year in which the taxable period ends”
One way: Gibraltar to Spain/EUInformation on vessels, aircraft and vehicles under 3(5)(b) is exchanged every six months on 31 March and 30 September, new registrations only; first exchange covers ownership, plate, value and date.
Tax agreement 2019, Article 3(8)-(9) · Taxation
“information is to be exchanged every six months, on 31 March and 30 September”
One way: Spain/EU to GibraltarSpanish tax authorities give the Gibraltarian tax authorities annual information on workers registered in Spain as resident in Gibraltar, and six-monthly information on vessels, aircraft and vehicles newly registered in Spain tied to Gibraltar tax residents.
Tax agreement 2019, Article 3(10)(a)-(b) · Taxation
“The Spanish tax authorities, designated pursuant to Article 4 of this Agreement, shall provide the Gibraltarian tax authorities, similarly designated, with the following”
One way: Spain/EU to GibraltarSpain's worker information under 3(10)(a) is exchanged within four months after the calendar year; first exchange within four months of entry into force.
Tax agreement 2019, Article 3(11)-(12) · Taxation
“information is to be exchanged within four months after the end of the calendar year to which the information relates”
Not statedSpain's vessel, aircraft and vehicle information under 3(10)(b) is exchanged every six months on 31 March and 30 September, new registrations only; first exchange within four months of entry into force.
Tax agreement 2019, Article 3(13)-(14) · Taxation
“information is to be exchanged every six months, on 31 March and 30 September. The information exchanged on”
Both waysEach Party designates its liaison bodies and tells the other Party which, within one month of entry into force.
Tax agreement 2019, Article 4 · Taxation
“The Parties shall respectively designate the liaison bodies … Each Party shall inform each other of the liaison bodies designated”
Both waysThe Parties create a Joint Coordination Committee of the authorities they designate, to supervise and coordinate the cooperation set out in the treaty.
Tax agreement 2019, Article 5(1) · Institutions and disputes
“The Parties shall create a Joint Coordination Committee formed by the Authorities designated by the Parties”
Not statedThe Joint Coordination Committee tries to settle by mutual agreement doubts about interpretation or application, in particular Article 2, in cases where all its authorities so decide.
Tax agreement 2019, Article 5(2) · Institutions and disputes
“shall endeavour to resolve by mutual agreement, any difficulties or doubts arising as to the interpretation or application of this Agreement … where all the authorities forming the Joint Coordination Committee so decide”
Not statedInformation exchanged under the treaty is subject to Articles 21 and 22 of the OECD/Council of Europe Convention on Mutual Administrative Assistance in Tax Matters.
Tax agreement 2019, Article 6 · Taxation
“Information exchanged under this Agreement is subject to the rules provided in Articles 21 and 22 of the Convention on Mutual Administrative Assistance in Tax Matters”
Both waysEither Party may terminate the treaty through diplomatic channels on at least six months' notice before the end of a calendar year; it then ends for tax years starting the following 1 January or later.
Tax agreement 2019, Article 7 · Institutions and disputes
“Either Party may terminate the Agreement, through diplomatic channels, by giving notice of termination at least six months before the end of any calendar year”
Both waysThe treaty enters into force on the later of the Parties' notifications that they have completed their internal procedures.
Tax agreement 2019, Article 8(1) · Institutions and disputes
“shall enter into force on the date of the later of the Parties’ notifications that they have completed their internal procedures”
One way: Spain/EU to GibraltarSpain, as neighbouring Schengen State, is responsible for applying the Schengen rules in Gibraltar, including Schengen checks; the UK (Gibraltar) will not implement Schengen checks.
Framework 31 December 2020, Paragraph 5 · 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”
Not statedEntry and exit through the Schengen crossing points at the port and airport is permitted only after both Gibraltar and Schengen checks are done.
Framework 31 December 2020, Paragraph 5 · Schengen checks
“entry and exit through them will only be permitted on completion of both Gibraltar and Schengen checks”
Not statedThe Gibraltar authorities are responsible for the Gibraltar checks under their own legislation.
Framework 31 December 2020, Paragraph 5 · Schengen checks
“The Gibraltar authorities will be responsible for the Gibraltar checks in regard to their own legislation.”
One way: Spain/EU to GibraltarSpain is responsible, as regards the EU, for applying the Schengen rules including the Schengen Borders Code and protecting the Schengen external border; Gibraltar authorities, as regards the UK, ensure their legislation gives effect.
Framework 31 December 2020, Paragraph 6 · Schengen checks
“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”
Not statedDisputes about the operation of the EU/UK (GIB) Agreement go to the governance mechanism set up in that treaty.
Framework 31 December 2020, Paragraph 7 · Institutions and disputes
“Disputes in relation to the operation of the EU/UK (GIB) Agreement will be submitted to the governance mechanism”
One way: Spain/EU to GibraltarSpain will enter with the Gibraltar authorities into the arrangements needed to develop their cooperation in the area.
Framework 31 December 2020, Paragraph 8 · Police and judicial cooperation
“Spain will enter with the Gibraltar authorities into the necessary arrangements to develop their cooperation in this area.”
Not statedMutual cooperation in police and judicial matters will continue and be enhanced.
Framework 31 December 2020, Paragraph 8 · Police and judicial cooperation
“Mutual cooperation in police and judicial matters will continue and be enhanced.”
One way: Spain/EU to GibraltarIn an implementation period, Spain, in agreement with the Gibraltar authorities, shall request operational help from Frontex for some Schengen check and border tasks; a joint operation may run for 4 years.
Framework 31 December 2020, Paragraph 10 · Schengen checks
“Spain, in agreement with the Gibraltar authorities shall request operational assistance from the European Border and Coast Guard Agency”
Both waysIf either side is not satisfied with the implementation period results, after consultations, the agreement ends at the end of the period.
Framework 31 December 2020, Paragraph 10 · Institutions and disputes
“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”
Not statedThe agreement could provide a customs-union adaptation removing physical barriers, suppressing the customs checkpoint at La Linea and the need to control people for customs.
Framework 31 December 2020, Paragraph 11 · Customs
“suppressing the customs checkpoint at La Línea and making unnecessary the control of people for the purposes of customs checks”
One way: Gibraltar to Spain/EUThe agreement would include measures for Gibraltar to enable the EU to have precise and reliable statistics on imports into Gibraltar.
Framework 31 December 2020, Paragraph 12(c) · Customs
“Measures that should enable the EU to have precise and reliable statistics on imports into Gibraltar”
Not statedAny customs procedures needed would be formalised at customs points in Spain or by simplified procedures.
Framework 31 December 2020, Paragraph 13(a) · Customs
“That any customs procedures needed will be formalized at customs points in Spain or using simplified procedures.”
Not statedTwo EU-compliant Border Control Points would be installed, at Gibraltar airport and Gibraltar port; controls on pets and SPS goods in luggage of travellers from non-EU countries move there.
Framework 31 December 2020, Paragraph 13(b) · Customs
“Installation of two Border Control Points compliant with EU legislation, one at Gibraltar airport and one at Gibraltar port.”
One way: Spain/EU to GibraltarEU customs would make accompanied visits and reports in Gibraltar port and airport and at customs points in Spain to monitor direct imports into Gibraltar; Gibraltar and Spanish Customs to agree enhanced cooperation.
Framework 31 December 2020, Paragraph 13(c) · Customs
“Accompanied visits/reports in Gibraltar port and airport and in relevant customs points in Spain by EU customs in order to monitor direct imports into Gibraltar”
Not statedThere would be safeguards for circumvention or improper application of EU customs legislation, with consequences such as reintroducing customs checks.
Framework 31 December 2020, Paragraph 13(d) · Customs
“Safeguards for cases of circumvention or of no proper application of the relevant EU customs legislation”
Not statedA mechanism would monitor correct application of EU customs legislation, with modalities for mutual administrative assistance as appropriate.
Framework 31 December 2020, Paragraph 13(e) · Customs
“A mechanism for monitoring the correct application of the relevant EU customs legislation, including as appropriate modalities for mutual administrative assistance.”
Not statedAdministrative arrangements between Spain and the Gibraltar authorities will develop their mutual cooperation on VAT, excise and level playing field; Spain has a special role as neighbouring EU country.
Framework 31 December 2020, Paragraph 15 · Customs
“Administrative arrangements between Spain and the Gibraltar authorities will develop their mutual cooperation in this area.”
Not statedThe agreement will include specific provisions on VAT and excise on sensitive products and to assure the traceability of tobacco products.
Framework 31 December 2020, Paragraph 18 · Tobacco
“to assure the traceability of tobacco products”
One way: Gibraltar to Spain/EUGibraltar shall not adopt or maintain any measure that weakens the level of environmental protection provided by EU standards.
Framework 31 December 2020, Paragraph 19 · Environment
“Gibraltar shall not adopt or maintain any measure that weakens or reduces the level of environmental protection provided by EU standards.”
Both waysThe agreement will include social security coordination for workers resident in Spain and employed in Gibraltar, and for workers resident in Gibraltar and employed in Spain.
Framework 31 December 2020, Paragraph 20 · Social security
“workers who are resident in Spain and employed in Gibraltar, and those who are resident in Gibraltar and employed in Spain”
Not statedThe GDPR and the Law Enforcement Directive continue to apply to Gibraltar after December 2020 on a dynamic alignment basis, to allow personal data to keep flowing.
Framework 31 December 2020, Paragraph 22 · Other
“the General Data Protection Regulation and the Law Enforcement Directive to continue to apply to Gibraltar after December 2020 on a dynamic alignment basis”
Both waysChecks are shared operationally: Gibraltar authorities first decide on entry into Gibraltar using their databases; Spanish authorities decide on entry to the Schengen Area using Schengen databases; the two sets of conditions are cumulative.
Framework 31 December 2020, Annex 1, first paragraph · Schengen checks
“The Gibraltar authorities will first decide on the authorization or denial of entry through the entry points of Gibraltar … Spanish authorities, in application of the Schengen acquis will make the decision on the authorization or refusal of entry into the Schengen Area”
Both waysSpanish and Gibraltar authorities carry out checks of persons and belongings where necessary at the port facilities and on cruises and marinas; similar arrangements at the airport.
Framework 31 December 2020, Annex 1, second paragraph · Schengen checks
“Spanish and Gibraltar authorities will carry out the checks of persons and their belongings where necessary at the port facilities”
Both waysSpanish and Gibraltar officials share office space at a facility to be created at the airport; during the implementation period a joint Frontex operation may assist.
Framework 31 December 2020, Annex 1, second paragraph · Schengen checks
“Spanish and Gibraltar officials will share office space at a facility at the airport to be created for this purpose.”
Both waysSpanish and Gibraltar authorities perform joint external border surveillance through seamless police and judicial cooperation; police and judicial arrangements shall be agreed.
Framework 31 December 2020, Annex 1, third paragraph · Surveillance and pursuit
“Spanish and Gibraltar authorities will perform joint external border surveillance through seamless police and judicial cooperation.”
One way: Spain/EU to GibraltarSpanish Embassies/Consulates issue short-term Schengen visas for entry through Gibraltar where the Schengen competence criteria so determine; Spain undertakes to inform the Gibraltar authorities of all short-term visa requests issued.
Framework 31 December 2020, Annex 1, fourth paragraph · Mobility
“Spain undertakes to inform the Gibraltar authorities of all short-term visa requests issued.”
One way: Spain/EU to GibraltarGibraltar authorities authorise residence permits valid only in Gibraltar and take due account of any opposition Spain may formulate; Spanish Embassies/Consulates issue any long-term visas needed.
Framework 31 December 2020, Annex 1, fifth paragraph · Mobility
“Gibraltar authorities will take due account of any eventual opposition that may be formulated by Spain.”
One way: Gibraltar to Spain/EUGibraltar authorities give assurances that their residence-permit policy is aligned with EU and Spanish standards and based on real links with Gibraltar.
Framework 31 December 2020, Annex 1, sixth paragraph · Mobility
“Gibraltar authorities will provide assurances that their general policy of residence permits is aligned with EU and Spanish standards”
One way: Gibraltar to Spain/EUGibraltar authorities process asylum applications under Gibraltar rules and, if necessary, enforce a return decision, subject to consultations with the Commission.
Framework 31 December 2020, Annex 1, eighth paragraph · Schengen checks
“subject to consultations with the Commission to ascertain whether it is possible under EU law”
One way: Spain/EU to GibraltarThe Spanish ETIAS National Unit is competent to issue ETIAS authorisations for entry into Schengen through Gibraltar where the Schengen criteria so determine.
Framework 31 December 2020, Annex 1, ninth paragraph · Schengen checks
“the Spanish ETIAS National Unit will be competent for the issuance of an authorisation for entry into Schengen through Gibraltar”
One way: Gibraltar to Spain/EUThe UK would be an observer in the Administrative Commission for social security coordination and would join the electronic exchange of social security information (EESSI) and bear its costs.
Framework 31 December 2020, Annex 2 (in Spanish) · Social security
“Reino Unido pase a tener la condición de observador en la Comisión Administrativa … el Reino Unido participará en el intercambio electrónico de información sobre seguridad social”
Both waysThe EU and the UK pay due regard to decisions and recommendations of the Administrative Commission.
Framework 31 December 2020, Annex 2 (in Spanish) · Social security
“La Unión y el Reino Unido tendrán debidamente en cuenta las decisiones y recomendaciones de la Comisión Administrativa”
Not statedThe agreed frontier-worker system should guarantee equal treatment and provide a physical document proving frontier-worker status that eases border crossing; preferential labour-market access without a labour-market test.
Framework 31 December 2020, Annex 3 (in Spanish) · Mobility
“obtención de un documento físico que le acredite como trabajador fronterizo y le facilite el paso de frontera”
Both waysThe Parties shall cooperate in promoting democracy, rule of law and human-rights values, including with or in third countries.
Agreement (CP 1645), Article 8(2) · Other
“The Parties shall cooperate in promoting those values and principles”
Both waysThe Parties undertake to cooperate with each other within the Arms Trade Treaty framework.
Agreement (CP 1645), Article 11(4) · Other
“The Parties undertake, in that regard, to cooperate with each other within the framework of the Arms Trade Treaty”
Both waysThe Parties shall cooperate at bilateral, regional and international levels to prevent and combat terrorism.
Agreement (CP 1645), Article 13(1) · Other
“The Parties shall cooperate at the bilateral, regional and international levels to prevent and combat acts of terrorism”
Both waysThe Parties set up a regular counter-terrorism dialogue aimed at promoting operational cooperation and exchange of information.
Agreement (CP 1645), Article 13(3)(c) · Police and judicial cooperation
“The Parties agree to establish a regular dialogue on those matters … operational cooperation and exchange of information”
Not statedAll physical barriers related to the circulation of persons between the EU and Gibraltar shall be removed.
Agreement (CP 1645), Article 28 · Mobility
“All physical barriers related to the circulation of persons between the Union and Gibraltar shall be removed”
Not statedLong-stay visas valid for Gibraltar shall not be issued.
Agreement (CP 1645), Article 49 · Mobility
“Long-stay visas valid for Gibraltar shall not be issued”
Not statedCooperation between Europol and Gibraltar's law-enforcement authority may include exchange of information, reports, analysis, training, advice and operational cooperation.
Agreement (CP 1645), Article 76 (opening words and points (a)-(g)) · Police and judicial cooperation
“The cooperation may, in addition to the exchange of personal data … the provision of advice and support in individual criminal investigations as well as operational cooperation”
Not statedCompetent authorities shall indicate, as far as possible when transferring information, how reliable the source is and how accurate the information is.
Agreement (CP 1645), Article 82(1) and (2) · Police and judicial cooperation
“The competent authorities shall indicate as far as possible, at the latest when transferring the information, the reliability of the source of the information … the accuracy of the information”
Both waysA receiving competent authority that thinks the source or reliability assessment is wrong shall inform the transferring authority and try to agree a change; it may not change it alone.
Agreement (CP 1645), Article 82(3) · Police and judicial cooperation
“Where the receiving competent authority, on the basis of information already in its possession … it shall inform that competent authority and shall attempt to agree on an amendment to the assessment”
Not statedExchange and protection of classified and sensitive non-classified information, where needed under the Europol chapter, shall be regulated in working and administrative arrangements (Article 86).
Agreement (CP 1645), Article 85 · Police and judicial cooperation
“shall be regulated in working and administrative arrangements as referred to in Article 86”
Not statedExchange and protection of classified and sensitive non-classified information, where needed under the Eurojust chapter, shall be regulated by a working arrangement (Article 104).
Agreement (CP 1645), Article 103 · Police and judicial cooperation
“shall be regulated by a working arrangement as referred to in Article 104”
Both waysThe modalities of cooperation between the UK for Gibraltar and Eurojust shall be set in a working arrangement concluded between Eurojust and the UK's competent authorities.
Agreement (CP 1645), Article 104(1) · Police and judicial cooperation
“The modalities of cooperation between the United Kingdom, in respect of Gibraltar, and Eurojust … concluded between Eurojust and the competent authorities of the United Kingdom”
Both waysCentral authorities for exchange of criminal-record information are those designated and notified by the UK (for Gibraltar) and by the EU countries under TCA Article 645.
Agreement (CP 1645), Article 108 · Police and judicial cooperation
“shall mean those designated and notified by the United Kingdom and the Member States”
Both waysCooperation through the arrest warrant shall be necessary and proportionate, having regard to the possibility of the EU country or the UK for Gibraltar taking less coercive measures than surrender.
Agreement (CP 1645), Article 116 · Police and judicial cooperation
“Cooperation through the arrest warrant shall be necessary and proportionate … the Member State or of the United Kingdom, in respect of Gibraltar, taking measures less coercive than the surrender of the requested person”
Both waysA person arrested who does not consent to surrender is entitled to be heard by the executing judicial authority under the law of the executing EU country or of the UK for Gibraltar.
Agreement (CP 1645), Article 131 · Police and judicial cooperation
“in accordance with the law of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor”
Not statedThe executing judicial authority shall notify the issuing judicial authority immediately of the decision on the arrest warrant.
Agreement (CP 1645), Article 139 · Police and judicial cooperation
“The executing judicial authority shall notify the issuing judicial authority immediately”
Not statedChapter provisions on arrest warrants continue to apply to a person arrested before the chapter was disapplied.
Agreement (CP 1645), Article 150 · Police and judicial cooperation
“the provisions of this Chapter apply in respect of arrest warrants where the requested person was arrested before the disapplication of this Chapter”
Not statedThe EU-UK treaty committee on economy and trade may include additional areas or lay down higher standards for the level playing field.
Agreement (CP 1645), Article 199(5) · Institutions and disputes
“The Specialised Committee on Economy and Trade may include additional areas or lay down higher standards”
Not statedNo customs duties or equivalent charges on imports or exports are applied between the EU and Gibraltar.
Agreement (CP 1645), Article 243 · Customs
“No customs duties on imports or exports or charges having equivalent effect shall be applied between the Union and Gibraltar”
Not statedQuantitative restrictions on imports or exports, and equivalent measures, are prohibited between the EU and Gibraltar.
Agreement (CP 1645), Article 244 · Customs
“Quantitative restrictions on imports or exports and all measures having equivalent effect shall be prohibited between the Union and Gibraltar”
Not statedThe EU-UK treaty committee on economy and trade can adopt measures to apply Articles 250 and 251, amend this Title's annexes, and lay down other arrangements.
Agreement (CP 1645), Article 254(1) · Institutions and disputes
“The Specialised Committee on Economy and Trade shall have the power to: … adopt amendments to the Annexes, appendices and protocols to this Title”
Not statedThe EU-UK treaty committee on aviation addresses discrepancies found in joint inspection visits and holds dialogues and exchanges to find ways to cooperate.
Agreement (CP 1645), Article 275(c), (g) · Institutions and disputes
“address discrepancies following joint inspection visits pursuant to point (b) of the first subparagraph of Article 273(7) … monitor, hold dialogues and exchanges in areas of shared interest”
Not statedListed kinds of road goods transport (mail, breakdowns, small vehicles, own-account haulage) may run in the contiguous frontier zone without a haulage licence.
Agreement (CP 1645), Article 279 · Other
“may be conducted in the contiguous frontier zone without a valid licence as referred to in Article 278”
Not statedDrivers of a Party's road haulage operators on journeys under Article 276 or 277 must hold a professional competence certificate and follow driving-time and tachograph rules.
Agreement (CP 1645), Article 280 · Other
“Drivers of the vehicles of road haulage operators of a Party undertaking a journey referred to in Article 276 or 277 shall”
Both waysArbitrators must not be affiliated with, or take instructions from, either Party.
Agreement (CP 1645), Article 307(1)(b) · Institutions and disputes
“not be affiliated with or take instructions from either Party”
Not statedThe arbitration tribunal should consult regularly with the Parties and give them room to reach a mutually agreed solution.
Agreement (CP 1645), Article 308(c) · Institutions and disputes
“should consult regularly with the Parties and provide adequate opportunities for the development of a mutually agreed solution”
Both waysThe Parties may agree other terms of reference within five days and must then notify the agreed terms to the tribunal.
Agreement (CP 1645), Article 309 · Institutions and disputes
“Unless the Parties agree otherwise no later than five days … they shall notify the agreed terms of reference to the arbitration tribunal”
Both waysIf a Party asks, the tribunal decides within 10 days whether the case is urgent.
Agreement (CP 1645), Article 310(1) · Institutions and disputes
“If a Party so requests, the arbitration tribunal shall decide, no later than 10 days after the date of its establishment”
Both waysThe respondent Party notifies the complaining Party of compliance measures; the complaining Party may ask the original tribunal to decide on disagreements.
Agreement (CP 1645), Article 315(1)-(2) · Institutions and disputes
“The respondent Party shall … deliver a notification to the complaining Party … the complaining Party may deliver a request”
Both waysAny time period in Part Six may be changed by mutual agreement of the Parties.
Agreement (CP 1645), Article 324(2) · Institutions and disputes
“Any time period referred to in this Part may be modified by mutual agreement of the Parties”
Not statedThe Cooperation Council may amend Annexes 29 and 30, the dispute rules of procedure and conduct.
Agreement (CP 1645), Article 326(2) · Institutions and disputes
“The Cooperation Council may amend Annexes 29 and 30”
Both waysNatural persons are tax resident in Spain or in Gibraltar in accordance with their domestic law, including its rules on the issuance of tax certificates confirming residency; the special rules of the Article apply only in cases of tax residency conflicts.
Tax agreement 2019, Article 2(1)(a) · Taxation
“Natural persons shall be tax resident in Spain or in Gibraltar in accordance with their domestic law, including rules regarding the issuance of tax certificates confirming residency”
Both waysUnder Article 3(3) the liaison bodies give each other mutual administrative assistance in tax matters; one form is assistance with collection, including measures of conservancy, in accordance with their respective domestic laws.
Tax agreement 2019, Article 3(3)(b) · Taxation
“Assistance with collection, including measures of conservancy, in accordance with their respective domestic laws”
Both waysFor greater certainty, except as provided in Article 19(1) and (4) and in Article 20, neither the treaty nor any supplementing agreement establishes an obligation to interpret its provisions in accordance with the domestic law of either Party.
Agreement (Official Journal text; paragraph 2 is missing from the CP 1645 print), Article 18(2) · Institutions and disputes
“For greater certainty, except as provided for in Article 19(1) and (4) and in Article 20, neither this Agreement nor any supplementing agreement establishes an obligation to interpret their provisions in accordance with the domestic law of either Party.”
Both waysEach Party ensures that, in accordance with its constitutional order, its courts or tribunals are competent to hear claims from interested parties in respect of State aid where the interested party has standing to bring a claim under that Party's law.
Agreement (CP 1645), Article 206(1)(d) · Other
“Each Party shall ensure that, in accordance with its constitutional order, its courts or tribunals are competent to: ... (d) hear claims from interested parties in respect of State aid where that interested party has standing to bring a claim in respect of a State aid under that Party's law.”
Not statedSTATEMENT, NOT A RULE. A Minister said in debate that a Spanish official can walk into Gibraltar for five metres and a Gibraltarian policeman can walk into La Línea for five metres. No treaty text, arrangement, Act or regulation held says this.
Gibraltar Parliament, Hansard, 4 March 2026 (morning sitting), Minister for Inward Investment and the Savings Bank, Statement in debate (not a treaty text) · Police and judicial cooperation
“if a Spanish official can walk into Gibraltar for five metres and a Gibraltarian policeman can walk into La Linea for five metres”