The Treaty on Gibraltar, published this Thursday, avoids any “affirmation or denial of sovereignty”

Eduardo González Both the Spanish and British governments have asserted that the treaty on Gibraltar's future integration into the EU, the full text of which was published this Thursday, February 26, by the European Commission, safeguards their respective sovereignty claims over the Rock. In its preamble, the treaty states that the elimination of “all physical barriers to the movement of persons and goods between the territory of the Union and Gibraltar,” including “cooperation in the areas necessary to establish an area of shared prosperity,” will be carried out “without prejudice the positions on sovereignty and jurisdiction of Spain and the United Kingdom.” Therefore, it clarifies, “the Agreement, or any activity or measure taken in application or as a result thereof, does not imply any modification of the legal position of the Kingdom of Spain with regard to sovereignty and jurisdiction in relation to Gibraltar.” Furthermore, the treaty contains a specific chapter on sovereignty which stipulates that any supplementary agreement, any administrative arrangement or other agreement related to this Agreement, and any measure, instrument or conduct taken pursuant to or as a result of it, or by virtue thereof, “shall be without prejudice to, and shall not otherwise affect the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction, and shall not constitute the basis for any assertion or denial of sovereignty including in legal proceedings or otherwise.” In a video released by the Ministry's social media accounts following the publication of the text, Foreign Minister José Manuel Albares stated that "the treaty guarantees the free movement of people and goods (...), corrects imbalances and distortions in multiple areas such as indirect taxes and the environment." "Of course, Spain maintains and protects its sovereignty claim," he added. “This agreement opens a new chapter in the relationship between Spain and the United Kingdom, a historic treaty for the Campo de Gibraltar, for Andalusia, for Spain, and for Europe,” added the minister, who announced that he has requested to appear before Congress to explain the agreement. Last October, the minister appeared before Congress to explain the details of the EU-UK agreement on Gibraltar, dated June 11, 2025, a text that, he asserted, will allow the end of “the last wall of continental Europe” without “compromising or relinquishing Spain’s position” on the Rock. “The historic treaty regarding Gibraltar is available on the website and social media of the Ministry of Foreign Affairs. I have also just sent it by letter to all the mayors of the Campo de Gibraltar region, the President of the Regional Government of Andalusia, and all the economic and social stakeholders in the Campo, with whom I have met on numerous occasions to inform them of the agreement's contents,” Albares added. In a press release issued this Thursday, the Ministry of Foreign Affairs stated that the treaty “inaugurates a new era of coexistence, stability, and shared prosperity for the Campo de Gibraltar, Andalusia, Spain, and the whole of Europe.” It also affirmed that the text maintains “the Spanish position on sovereignty intact” and that “Spain will play a central role in the implementation of the Agreement, including the power to suspend its application, apply safeguards, or terminate the agreement.” For its part, the British government asserted in a statement on Thursday that the treaty “does not affect sovereignty in any way and protects the UK’s autonomy over key military installations,” including “the operational autonomy of the UK military base.” “Working closely with the Government of Gibraltar – and agreeing nothing without their consent – we have a Treaty that preserves sovereignty and delivers certainty when Gibraltar’s way of life was threatened. The UK’s commitment to Gibraltar will never falter,” declared UK Minister for Europe Stephen Doughty. Similarly, Gibraltar’s Chief Minister Fabian Picardo affirmed that “this is a safe and secure agreement we have negotiated alongside the UK and that unequivocally protects our position on sovereignty, safeguards our economy and delivers the certainty our people and businesses need.” The Treaty The European Commission's website has published the full text of the treaty on Gibraltar's future integration into the EU. Among its main points, the treaty envisions the removal of the border fence, the last wall on the European continent, and establishes that there will be no passport controls between the two territories. Spain will assume responsibility for Schengen controls at Gibraltar's airport and port, and Spanish authorities will have the final say on the issuance and renewal of residence permits. In addition, the agreement regulates the movement of goods through a system of harmonized controls. Spain will carry out customs controls on goods entering Gibraltar, and baggage checks will be established for travelers bound for the European Union and Gibraltar, ensuring security and compliance with EU regulations. Regarding tax convergence, the treaty incorporates convergence measures for indirect taxation on goods. Gibraltar will apply an indirect tax equivalent to VAT, starting at 15% upon the treaty's entry into force and completing convergence within three years. Furthermore, specific provisions are established for tobacco in accordance with European regulations. The text also provides for adaptation to EU environmental regulations and the creation of a joint environmental impact assessment mechanism. It also guarantees compliance with European standards in this area, reinforcing the protection of the shared natural environment. The treaty also establishes a financial mechanism for job training and other social measures to compensate for income inequalities, strengthened coordination on social security matters, and specific protection measures for cross-border workers. Reactions in the Campo de Gibraltar Following the publication of the agreement, the mayor of Algeciras, José Ignacio Landaluce (PP), criticized Albares for his “lack of efficiency” in publicizing the text. “The Minister of Foreign Affairs claims he has sent it to the mayors of the region, and that is true, but he did so at the same time as publishing it on the Ministry's website,” he stated in an audio message sent to the media. According to Landaluce, the Ministry of Foreign Affairs has simply “rebounded” a “technical legal document of more than a thousand pages, written in English,” which “makes it impossible to know immediately how it will affect our relations and the daily lives of our neighbors,” he warned. Local authorities, he added, should “have received the text well in advance to be able to analyze its real impact.” Lacking further details, the Popular Party leader believes that, alongside “legitimate reasons for concern,” the text contains “positive aspects,” such as the removal of the border fence, the free movement of workers and people, and integration into the Schengen Area. For his part, the Secretary General of the PSOE in Cádiz, Member of Parliament, and Chairman of the Foreign Affairs Committee, Juan Carlos Ruiz Boix, declared that the publication of the agreement represents a “diplomatic milestone that will transform the socioeconomic reality of the region” and highlighted “the leading role of Spanish diplomacy” in this process. Likewise, the President of the Regional Government of Andalusia, Juanma Moreno, insisted this Thursday on the need for the Campo de Gibraltar to be designated an Area of Special Economic Interest, “in accordance with the Treaty on the Functioning of the European Union,” in order to promote the region's development in compliance with the Treaty on Gibraltar. “We are going to remove the physical border, but that invisible border, which is the income and wealth disparity between the citizens of Campo de Gibraltar and Gibraltar, we also have to eliminate,” he warned, in statements to Cadena SER radio. Therefore, he affirmed, “Gibraltar's tax system must be adapted to European Union tax regulations, so that we don't have a territory there that becomes an island.” Next steps On June 11, 2025, the European Union (represented by the Vice-President of the European Commission, Maroš Šefčovič, and the Minister of Foreign Affairs, José Manuel Albares) and the United Kingdom (represented by the UK Foreign Secretary, David Lammy, and the Chief Minister of Gibraltar, Fabian Picardo) reached a “definitive” political agreement in Brussels on “the fundamental aspects of the future Agreement between the European Union and the United Kingdom concerning Gibraltar.” Last December, negotiators from the European Union and the United Kingdom successfully completed the drafting of the legal text of the treaty, and on February 17, the Commission announced its proposals for the signature, provisional application, and conclusion of the agreement between the European Union and the United Kingdom on Gibraltar. Once this step is completed, Brussels will forward these proposals to the Council, which will then proceed with the necessary steps for the signature and conclusion of the agreement. Finally, the European Parliament must give its consent for ratification, in accordance with EU treaties. The Government of Gibraltar has already approved the Treaty for ratification. Once the final text is available, it will be submitted to the Parliament of Gibraltar by means of a motion subject to amendments for debate. Approval by the Parliament of Gibraltar will signal the United Kingdom to proceed with its own ratification procedures for the Treaty. Once the agreement is signed, and regardless of its possible provisional application, it will only enter into force one month after the parties have notified each other of the fulfillment of their respective requirements, including legal and parliamentary procedures. These requirements include the removal of physical barriers at the border and the implementation of the necessary infrastructure for the operation of border crossings at the port and airport of Gibraltar in accordance with the Schengen Code. While a specific date has not yet been announced, it appears that the agreement will not come into effect before April 10, the date on which Spain will begin carrying out the new Schengen controls in Gibraltar as stipulated by the recently activated EU Entry/Exit System (SES).

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