Almost a decade after the Brexit referendum, the UK and the European Union have finalised a long-awaited treaty setting out Gibraltar's post-Brexit relationship with the EU. The agreement removes the physical land border with Spain and replaces it with Schengen-style checks at Gibraltar's airport and port. Although Gibraltar will not join the Schengen area, the new system is intended to preserve the smooth daily movement of thousands of cross-border workers.
Under the arrangements, passengers arriving by air or sea will undergo initial checks by the Gibraltar authorities, followed by second-line checks carried out by Spanish officials in a designated area. As posted by GBC, Gibraltar residents of any nationality cannot be refused entry and will be allowed to enter freely under the new system. Immigration, policing and justice remain the responsibility of Gibraltar, and the treaty does not affect sovereignty, operating alongside the UK's "double lock" commitment.
The treaty spans seven parts and 41 annexes, much of which will now be incorporated into Gibraltar law. It has been approved by the Gibraltar Cabinet and will be debated in the Gibraltar Parliament before the UK proceeds to ratification. The consent of the European Parliament is also required. The agreement includes consultation and arbitration mechanisms, with the Court of Justice of the European Union having a final, binding role where questions of EU law arise.
A bespoke customs arrangement will enable the free circulation of goods between Gibraltar and the EU without checks at the land frontier. Spain will clear non-EU goods at designated customs posts, with revenues returned to Gibraltar, while a new transaction tax will replace the current import duty system. The treaty also establishes enhanced security and law enforcement co-operation, overseen by a UK-EU Co-operation Council, and provides for a four-year evaluation period of the Schengen elements, according to the Treaty Text posted by GBC.
Together, the measures mark a significant step in defining Gibraltar's relationship with the EU outside formal membership, while maintaining structured co-operation and cross-border fluidity.