Gibraltar

Brexit > Current situation > Withdrawal Agreement > Gibraltar

Gibraltar is not an integral part of the United Kingdom; it is a British colony in Spanish territory. Spain wishes this territory to be returned to it and fully supports the United Nations in this regard.

The UN defines Gibraltar as a "non-autonomous territory that must be subjected to a process of decolonisation". Furthermore, it states that this decolonisation must be undertaken through bilateral negotiations between Spain and the United Kingdom, negotiations that the UN has been consistently recommending since 1965.

After Brexit, any EU-UK agreements on Gibraltar will require prior agreement from Spain under Clause 24 of the European Council Guidelines for Brexit negotiations, which states "after the United Kingdom leaves the Union, no agreement between the EU and the United Kingdom may apply to the territory of Gibraltar without the agreement between the Kingdom of Spain and the United Kingdom".

Gibraltar's status outside of the EU will be different to that of the United Kingdom

Specific application of the Withdrawal Agreement to Gibraltar will be governed by the Protocol on Gibraltar annexed to said Agreement. For the first time, this protocol adds provisions on Gibraltar negotiated by Spain to basic European Union law.

As regards future relations, the EU has made it clear that "Gibraltar will not be included within the scope of application for future agreements between the EU and the United Kingdom" and that the "separate agreements between the EU and the United Kingdom on Gibraltar will require prior approval from Spain". This is contained in a Declaration from the European Council and the European Commission, which forms part of the agreements reached at the European Council meeting on 25 November.

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