The EU and the United Kingdom conclude the Treaty on Gibraltar six months after announcing the agreement

Brussels – The European Union and the United Kingdom have managed to finalize the legal texts that set out the terms of the new relationship between the bloc and Gibraltar after Brexit, six months after the parties announced the end of negotiations, which represents another step towards the ratification of the future Treaty but not yet the definitive one for its entry into force.

“The text is currently under legal review by the European Union and the United Kingdom, before being able to proceed with the respective internal procedures for the signing and conclusion of the future agreement,” a EU spokesperson told Europa Press, after confirming that the legal text was “completed” on the 12th.

The same spokesperson stressed that the main objective of the future agreement is “to guarantee the prosperity” of the entire region and that this will be achieved by “eliminating all physical barriers” to the free movement of people and goods between Spain and Gibraltar, “while at the same time preserving the borderless Schengen area, the Single Market and the Customs Union.

“This will provide confidence and legal certainty to the lives and well-being of the inhabitants of the entire region, by promoting shared prosperity,” the EU spokesperson concluded.

This step concludes the negotiating work that began almost four years ago and culminated in the announcement of a political agreement on June 11, after a meeting in Brussels between the Commissioner in charge of relations with the United Kingdom, Maros Sefcovic, and the British Foreign Secretary, David Lammy; which was also attended by the Spanish Foreign Minister, José Manuel Albares, and the Chief Minister of Gibraltar, Fabián Picardo.

Ratification process

Once the legal review by Brussels and London is completed, for which there is no set deadline, the Treaty will still have to be translated into all the official languages of the EU before it is submitted to the Council (governments) for its adoption and the European Parliament votes on its consent.

The text also has to be ratified in the United Kingdom. In its case, the Gibraltar Parliament must first approve a motion requesting ratification by the United Kingdom, which will bring the matter before the British Parliament.

Here, once the treaty is presented in the chambers, a period of 21 days begins after which, if there is no explicit rejection, it is ratified, in accordance with the Constitutional Reform and Governance Act 2010.

If the House of Commons approves a resolution against ratification, another 21-day period begins, a procedure that could be repeated, which ultimately gives the Commons veto power when it comes to ratifying an international treaty.

As far as the House of Lords is concerned, its opinion is not binding, so the Government can disregard it, explaining why ratification is important, thus validating the treaty.

During an appearance this week before the Foreign Affairs Committee of the House of Commons, the British Foreign Secretary, Yvette Cooper, promised MPs that the text, once finalized, “will be published and will go before the House in due course.” “There will be many opportunities to scrutinize the treaty,” she promised, given MPs’ interest in knowing its content.

The Government of Gibraltar has also promised maximum transparency this Wednesday. Government sources led by Fabian Picardo have told Europa Press that the text that has now been concluded “is being subjected to rigorous technical and legal review.”

“We remain committed to transparency: the final treaty will be made public and will be subject to full scrutiny by the parliaments of Gibraltar, the United Kingdom and the EU as part of the ratification process,” the sources stressed. (17 December)