EU and UK sign Treaty on Gibraltar, to be applied this Wednesday coinciding with the demolition of the border fence

Eduardo González The European Union and the United Kingdom signed the Treaty on the future status of Gibraltar after Brexit this Tuesday in Brussels. The treaty envisions the removal of the border fence, the last wall on the European continent, and eliminates passport controls between the two territories. The agreement will be provisionally applied starting this Wednesday, coinciding with the demolition of the border fence. The Vice-President of the European Commission, Maroš Šefčovič, and the UK Minister of State for Europe, North America and the UK Overseas Territories, Stephen Doughty, signed the agreement in the presence of the Chief Minister of Gibraltar, Fabian Picardo, and the Minister of Foreign Affairs, José Manuel Albares. The agreement will be provisionally applied starting at 00:00 on July 15. In any case, once signed, and despite its provisional application, the text remains pending final ratification by the EU, which requires approval from the Council and consent from the European Parliament. As it is an agreement under the exclusive competence of the Union, it does not require ratification by national parliaments. Separately, the demolition of the border fence in La Línea de la Concepción will take place this Wednesday, in the presence of the Prime Minister, Pedro Sánchez, Maroš Šefčovič, and Albares. It is currently unknown whether there will be any representation from the United Kingdom, following the recent resignation of Prime Minister Keir Starmer, who remains in office in a caretaker capacity while his Labour Party chooses his successor. It was Starmer who managed to unblock the negotiations when they appeared to have reached an impasse. Furthermore, the Council of Ministers approved on Tuesday the agreements acknowledging the administrative agreement between Spain and the United Kingdom regarding Gibraltar on several issues, including Schengen border inspections and border surveillance, continued surveillance and non-interruption of prosecution in customs matters, environmental issues, the movement of certain categories of persons and goods with respect to Gibraltar, and the Protocol on the coordination of Social Security. Albares and other reactions Speaking to the media on the esplanade of the European Commission headquarters after the signing of the Treaty, Albares affirmed that, with this agreement, “Spain is not changing one comma regarding its sovereignty claim.” He also asserted, in response to “those members of the People's Party and Vox who have refused to support this treaty,” that the President of the Regional Government of Andalusia, Juanma Moreno, has “always” shown him “publicly and privately his support for this agreement” because it benefits “the 300,000 Andalusians of the Campo de Gibraltar, their interests, and their future.” “We have just signed the historic agreement regarding Gibraltar, which opens a new era for relations between the Campo de Gibraltar and Gibraltar, a new era in the bilateral relationship between Spain and the United Kingdom, and which definitively closes the Brexit chapter, the last missing piece, and also opens a new era in relations between the European Union and the United Kingdom,” the minister told reporters. “This agreement guarantees forever the free movement of people and goods, avoids past distortions in areas such as taxation and the environment, brings new connectivity to the Campo de Gibraltar with the joint management of the airport, and opens up a whole new path of opportunities, allowing the Campo de Gibraltar to take a leap, (1:09) a leap forward into a promising future,” he continued. Furthermore, he assured, Spain's sovereignty claims remain “absolutely as they were, but, moreover, absolutely safeguarded.” “Article 2 makes it very clear that Spain is not changing a single comma in its sovereignty claim, that we continue to claim sovereignty, and that our position remains the same,” he insisted. “We have demonstrated that Spain’s foreign policy addresses the concrete interests of our citizens, as is the case with the 300,000 Andalusians in the Campo de Gibraltar region, and that cooperation is more powerful than confrontation. We have left behind nothing less than three centuries marked by mistrust and confrontation, and now we are moving forward,” he stated. “To those members of the People’s Party and Vox who did not support this treaty—not all of them, I must say—the President of the Regional Government of Andalusia always showed me, publicly and privately, his support for this agreement,” Albares continued. “But to those who were not in favor of the agreement, I will say that, even if they don’t realize it, they too have won, because this is an agreement that benefits the 300,000 Andalusians in the Campo de Gibraltar,” he added. For his part, Stephen Doughty declared that “this historic agreement brings certainty to the people and businesses of Gibraltar, protects British sovereignty and our military installations, and has the full support of the Government and Parliament of Gibraltar.” “Gibraltar has been at the heart of these negotiations throughout the entire process,” he affirmed. “Our support for Gibraltar remains as strong as the Rock itself. This agreement opens a new chapter with the EU and Spain, supporting jobs, growth, and prosperity on both sides of the border,” the British Minister of State continued. Likewise, the UK Ambassador to Spain, Alex Ellis, stated this Tuesday that the signing of the Treaty is “a historic moment” because it marks “the beginning of a new era.” “The provisional application of the Treaty, starting tomorrow, removes the physical barriers to the movement of people between Gibraltar and Spain” and will allow Gibraltarians and Spaniards “to cross from one side to the other with complete fluidity,” he declared in an audio statement. “It has been a long process, but with the goodwill and intelligence of all parties involved, we have reached the best possible outcome, one that respects the established sovereignty provisions while also offering much greater opportunities for people—both those in Gibraltar and those in La Línea,” he emphasized. Furthermore, “this Treaty also represents a vision for the future of the relationship between Gibraltar and the Campo de Gibraltar region, and also between the United Kingdom and Spain, in an increasingly turbulent world where agreements are both more necessary and more difficult to reach,” he concluded. For his part, Fabian Picardo declared that “today will be one of the most significant days in Gibraltar’s modern history. After years of uncertainty, perseverance, and determined negotiations, we have achieved an international treaty that protects Gibraltar, safeguards our sovereignty, and paves the way for a more secure and prosperous future.” “This is not simply the conclusion of a negotiation. It is the beginning of a new era,” he continued. “The border that has so often divided and limited our region will now become a place of cooperation and shared opportunity. The daily lives of thousands of people will be easier, our economy will have greater certainty, and Gibraltar’s future will rest on solid legal foundations,” he affirmed. “We have reached this moment without relinquishing who we are, without compromising our British sovereignty, and without weakening the constitutional guarantees that define Gibraltar,” he insisted. Separately, Commissioner Maroš Šefčovič expressed his pride in signing the Agreement with the United Kingdom on Gibraltar. “Four years of negotiations, one result: shared prosperity and no more barriers for the 15,000 people who cross daily between Spain and Gibraltar,” he posted on social media. Similarly, the President of the European Council, António Costa, welcomed the signing of the Agreement, calling it “a historic step that completes the post-Brexit framework.” “The agreement removes the physical barriers at the border between Spain and Gibraltar, benefiting the thousands of people who cross it every day. It will support the prosperity and stability of the region while safeguarding the Schengen Area, the single market, and the customs union,” he added. The Treaty The Treaty, whose full text was published on February 26 by the European Commission, envisions the removal of the border fence, the last wall of continental Europe, and establishes that there will be no passport controls between the two territories. Spain will assume 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, guaranteeing 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, strengthens coordination in social security matters, and includes specific protection measures for cross-border workers. Furthermore, the treaty states in its preamble 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 to the positions of sovereignty and jurisdiction of Spain and the United Kingdom.” Therefore, it clarifies, “the Agreement, or any activity or measure adopted in application of 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 over Gibraltar.” In addition, the treaty contains a specific chapter on sovereignty which states that any supplementary agreement, any administrative agreement or other agreement related to this Agreement, and any measure, instrument or conduct taken in application of or as a result of, or pursuant to, this Agreement, “shall be without prejudice to, and not otherwise affect, the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or the Kingdom of Spain with respect to sovereignty and jurisdiction, and shall not form the basis for any assertion or denial of sovereignty, including in judicial or other proceedings.” The negotiations The process leading to the signing began on December 31, 2020, when Spain, the United Kingdom, and Gibraltar reached an agreement in principle that avoided a scenario of abrupt rupture following the UK’s departure from the European Union. This agreement then served as the basis for the European Commission’s negotiations with the United Kingdom, which formally began in October 2021. After almost four years of negotiations, with periods of progress and others of stagnation, the European Union (represented by Maroš Šefčovič and José Manuel Albares) and the United Kingdom (represented by the then Foreign Secretary, David Lammy, and Fabian Picardo) announced on June 11, 2025, that they had reached a “final” political agreement on the fundamental aspects of the Treaty. On April 1, 2026, the representatives of the Member States in the Council of the EU authorized the signing and provisional application of the agreement.

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