European Commission underlines ‘special urgency’ of provisional treaty implementation

The UK/EU treaty on Gibraltar could be signed as soon as the second week of March, the Gibraltar Parliament was told on Thursday, as the European Commission separately underlined that its provisional implementation was “a matter of special urgency”.

All eyes are on April 10, the date on which the EUs new automated entry/exit system comes into full force across the bloc’s external borders.

“If the Agreement in respect of Gibraltar does not apply by 10 April 2026, fully-fledged border control will need to be put in place between the territory of the Union and Gibraltar,” the Commission said in a briefing note.

“This will significantly disrupt individuals, businesses and other stakeholders operating in the area of Campo del Gibraltar and go against the very purpose of the Agreement, which is to create an area of shared prosperity to the benefit of both the Union and Gibraltar.”

The agreement must first be considered by the European Council, which will then authorise the Commission to sign the agreement. That process is already underway.

After that, the agreement will be sent to the European Parliament for ratification, but in the interim its terms can be provisionally applied.

The aim is to have the initial Council approval in place to allow for provisional implementation from April 10 “…for a short period from the date of full deployment of the Entry/Exit System until the first day of the month following that in which Parties have notified each other that they have completed their respective internal requirements and procedures for establishing their consent to be bound.”

In Gibraltar and the UK, a different process will run in parallel.

First the Gibraltar Parliament will debate a motion calling on the UK to enter into the agreement and commence its parliamentary ratification process under the Constitutional Reform Act process.

That motion is likely to be debated next week.

“The United Kingdom would expect to sign the text with the EU after the European Council has said okay and after the Gibraltar Parliament has said okay,” Chief Minister Fabian Picardo told Parliament.

“That signature solidifies the document and makes it final, but it is not ratification.”

“But after signature you can have provisional application.”

“So the signature has to come before the 10th of April, otherwise you can't have provisional application before the 10th of April.”

Mr Picardo said that the signature could happen “sometime in the second week of March”.