The Gibraltar Withdrawal Agreement: What You Need to Know
On December 31, 2020, the United Kingdom officially left the European Union (EU) and its institutions, marking the end of the Brexit transition period. One of the key aspects of the Brexit negotiations was the issue of Gibraltar, a British Overseas Territory located at the southern tip of the Iberian Peninsula, which has been a source of tension between the UK and Spain for centuries.
In November 2018, the UK and the EU reached a preliminary agreement on the terms of the UK’s withdrawal from the EU, including a protocol on Gibraltar. This protocol was finalized in January 2020 and is known as the Gibraltar Withdrawal Agreement.
What is the Gibraltar Withdrawal Agreement?
The Gibraltar Withdrawal Agreement is a legal document that sets out the terms of the UK’s withdrawal from the EU as they relate to Gibraltar. It covers a range of issues, including:
– The rights of EU citizens living and working in Gibraltar, and the rights of Gibraltarians living in the EU;
– The movement of people and goods between Gibraltar and the EU, including border arrangements;
– The continued application of EU law in Gibraltar, and the role of the European Court of Justice; and
– The establishment of a joint committee to oversee the implementation of the agreement.
The agreement also includes provisions on environmental protection, police and judicial cooperation, and the protection of intellectual property rights.
Why is the Gibraltar Withdrawal Agreement important?
The Gibraltar Withdrawal Agreement is important because it provides a framework for the UK and the EU to manage their relationship with respect to Gibraltar after Brexit. Gibraltar is a small territory with a population of around 33,000 people, but it is strategically important because of its location at the entrance to the Mediterranean Sea.
The agreement ensures that Gibraltarians will continue to enjoy the benefits of EU citizenship, such as the right to work, study, and live in the EU, and that businesses in Gibraltar will still be able to trade with the EU on preferential terms. It also provides a mechanism for resolving disputes between the UK and the EU over the implementation of the agreement.
What are the key provisions of the Gibraltar Withdrawal Agreement?
The key provisions of the Gibraltar Withdrawal Agreement include:
– The recognition of the sovereignty of the UK over Gibraltar, and the commitment of both the UK and the EU to respect Gibraltar’s status as a British Overseas Territory;
– The establishment of a new framework for cooperation between the UK, Gibraltar, and Spain, based on the principle of dialogue and cooperation;
– The creation of a new regime for the movement of people and goods between Gibraltar and the EU, including the establishment of a border crossing point at the airport;
– The protection of the rights of EU citizens living and working in Gibraltar, and the rights of Gibraltarians living in the EU, including the right to vote in local and European elections;
– The continued application of EU law in Gibraltar in areas such as environmental protection, consumer protection, and intellectual property rights; and
– The establishment of a joint committee to oversee the implementation of the agreement and to resolve disputes between the UK and the EU.
What’s next for Gibraltar and the EU?
The Gibraltar Withdrawal Agreement provides a framework for future cooperation between the UK and the EU on Gibraltar, but it is only the first step. The UK and the EU will need to continue to work together to address the many issues that arise from Brexit, including the future of the UK’s relationship with the EU and the status of Gibraltar.
As of February 2021, Spain and the UK are in talks over the status of Gibraltar, with a focus on issues such as air connectivity and the environment. The Gibraltar Withdrawal Agreement provides a basis for these discussions, but they are likely to be complex and challenging.
Overall, the Gibraltar Withdrawal Agreement is an important milestone in the Brexit process, and it provides a framework for future cooperation between the UK and the EU on issues related to Gibraltar. As the UK and the EU continue to negotiate their relationship post-Brexit, the status of Gibraltar is likely to remain a key issue.