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Agreement on cross-border workers in Campo de Gibraltar

Tuesday 17 November 2020

On the Spanish side, those taking part were the Association of Municipalities of Campo de Gibraltar, the Regional Government of Andalusia and Central Government.

The Withdrawal Agreement between the UK and the EU guaranteed that cross-border workers would continue to benefit from all the labour rights they enjoyed under EU law before Brexit. Spain included a Protocol on Gibraltar in the Withdrawal Agreement and signed a memorandum with the UK on the rights of citizens and workers to strengthen this aspect of Brexit. Since its entry into force, the three tiers of government have negotiated how to apply these rights to those who enter Gibraltar every day to work.

As from 1 December, cross-border workers may check on a website run by the Gibraltarian authorities whether they are registered as such. As from 1 January 2021, they may also, if they so wish, ask the Gibraltarian authorities for a letter certifying their employment status. The letter will only be issued to people who request it.

Workers who are not registered as cross-border workers but consider that they have the right to be so may notify the Gibraltarian authorities to present their case.

The Gibraltarian authorities will give details of the procedure in a publication.

Workers may certify their identity at any time and on entering Gibraltar using their Spanish passport or ID card (Spanish acronym: DNI), or the passport or official ID card of any other country in the EU.

As from 1 January, and as long as they continue to be considered as such, cross-border workers will receive the treatment they are entitled to under EU law, despite Brexit.

This agreement comes in response to one of the main concerns arising from Brexit in Campo de Gibraltar and Gibraltar.

The parties to the agreement will continue to meet to discuss any matters that may arise, in coordination with the European Commission as guardian of the EU treaties and their correct application.

Non official translation

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