Recommendation for a Council Decision authorising the opening of negotiations for an agreement in respect of Gibraltar

Author (Corporate)
Series Details COM (2021) 411
Publication Date 20/07/2021
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Recommendation tabled by the European Commission on 20 July 2021 for a Council Decision authorising the launch of negotiations between the European Union (EU) / European Atomic Energy Community (EAEC) and the United Kingdom (UK) in respect of Gibraltar.

Further information:

Gibraltar was not included in the scope of the EU-UK Trade and Cooperation Agreement, as already stated in the minutes adopted by the European Council in November 2018. The European Commission committed to launch negotiations on a separate agreement on Gibraltar should Spain request it. This Recommendation therefore builds on a bilateral understanding agreed between Spain and the UK In December 2020 on a potential framework.

The proposed negotiating directive put forward solutions to remove physical checks and controls on persons and good at the land border between Spain and Gibraltar, while ensuring the integrity of the Schengen area and the EU's single market.

The Decision was adopted by the Council of the European Union on 5 October 2021.

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Commentary and Analysis
Bloomberg, 21/07/2021: Why Gibraltar remains an issue in post-Brexit talks
CAPX, 23/07/2021: The EU’s U-turn on Gibraltar is little short of a scandal

EurActiv, 12/07/2021: EU to detail future relationship with Gibraltar next week
Reuters, 20/07/2021: UK tells EU to think again over bloc's plan for Gibraltar talks
GBC News, 21/07/2021: Chief Minister says his Government will never agree to the EU negotiating mandate which he says would bring 'joint poverty' as opposed to joint prosperity
Gibraltar Chronicle, 01/09/2021: Senior UK officials in Gib ahead of treaty talks
El País, 23/09/2021: UK threatens no-deal scenario for Gibraltar due to plans for Spain-run border controls
Politico, 05/10/2021: EU approves mandate for Gibraltar treaty negotiations with UK

Government of Gibraltar: Press Release, 01/07/2021: Absence of Treaty does not blunt enthusiasm & optimism for it
European Commission: Press Release, 20/07/2021: EU-UK relations: Commission proposes draft mandate for negotiations on Gibraltar
UK Government: Press Release, 20/07/2021: Draft mandate for negotiations in respect of Gibraltar: Foreign Secretary statement
Government of Gibraltar: Press Release, 01/09/2021: Preparatory Work for UK/EU Treaty Negotiations - 619/2021
Council of the European Union: Press Release, 05/10/2021: EU-UK relations: Council authorises the start of negotiations for an agreement in respect of Gibraltar
UK Parliament: European Scrutiny Committee: News, 06/10/2021: EU must follow UK-Spain deal on Gibraltar

ESO Records
Gibraltar in the context of Brexit negotiations

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