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Gibraltar Brexit Agreement

Instrument of the UK`s withdrawal agreement from Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community The European Council has published a set of guidelines for the EU-27 on withdrawal negotiations. These guidelines state in Basic Principle 22 that “after the UK`s withdrawal from the EU, no agreement between the EU and the United Kingdom can be applicable to the territory of Gibraltar without the agreement between the Kingdom of Spain and the United Kingdom.” [13] The pro-Brexit Conservative, M.P. Jack Lopresti, found it shameful that the EU was trying to give Spain an effective veto over the future of british territory, ignoring the will of the people of Gibraltar. [14] Foreign Secretary Boris Johnson again reacted to the UK`s commitment to Gibraltar. [15] On 25 November 2018, EU-27 leaders approved the draft Brexit withdrawal agreement and approved the political declaration on future eu-UK relations. These texts must now be adopted by the other EU institutions to enter into force, namely the European Parliament and the Council, and, more problematicly, they require the approval of the Westminster Parliament. That is why, before any in-depth analysis, I must express my doubts as to whether the texts will receive sufficient support from British Members or whether they will be adopted without amendment. On the basis of these considerations, it should be noted that at this stage, any analysis will be based on assumptions rather than certainties. British Brexit supporters are leaving the European Parliament for the last time. It is no secret that Gibraltar has been one of the most complex issues in the Brexit negotiation process. As a result, the problem was addressed in a specific protocol attached to the withdrawal agreement, which contains specific rules for Gibraltar, particularly during the transition period.

Article 182 of the withdrawal agreement states that the Gibraltar Protocol “is an integral part of this agreement”. Therefore, both the agreement and the protocol are legally binding. This protocol (pages 495-502 of the document) obliges the parties to cooperate in four specific areas: citizens` rights, tobacco, the environment and cooperation in the field of police and customs, and obliges them to conclude a treaty on taxation and the protection of financial interests. For the implementation of commitments, the protocol itself establishes an ad hoc institutional framework, mainly through coordination committees. These committees will report to the Gibraltar Select Committee, made up of representatives from the United Kingdom and the European Union. For its part, the specialized committee will support the effective implementation of the protocol and make recommendations to the Joint Committee, the body responsible for the general implementation of the agreement. The Government of Gibraltar has published all relevant documents on this subject and you will find on this portal all relevant documents, from the withdrawal agreement to the protocols, Mou`s, technical notes and a number of other documents, relevant statements and press releases.