18/12/2025
GIBEXIT TREATY REMAINS SECRET BUT AGREED
The announcement, yesterday, that the Gibexit treaty negotiation to reach agreement between the UK, Gibraltar, the EU and Spain, over Gibraltar’s relations with the EU was completed last Friday, 12th December, does nothing to inform on its content or detail.
The EU Commission so informed the European Council yesterday.
All that is known publicly about the contents of the Gibexit treaty, yet is what was announced in the political agreement back on 11th June this year.
There is a procedure that now needs to be followed before publication of the full Gibexit treaty. It will take some time, which will delay the announcement of any details for some weeks.
The reality is that all that procedure has given no voice to the people of Gibraltar, save through its elected government. Decisions will have been taken by the GSLP-Liberal Government.
POLITICAL AGREEMENT
The Gibexit treaty, according to the published political agreement, will include:
• ending physical checks on persons and foods at the border,
• dual border checks at the port and airport that preserve Schengen’s integrity whilst respecting Gibraltar’s control of immigration and law enforcement,
• a specific customs and goods regime to remove hurdles on cross-border trade,
• a model for direct flights to and from the EU, full UK military autonomy in Gibraltar, closer tax,
• environmental and labour/social security rights cooperation, and
• full protection of the sovereignty positions of the UK and Spain.
There is much meat that the Gibexit treaty will have put on those bones.
PROSPERITY BASED ON FREE MOVEMENT
We are told by a Commission spokesman, that its “… main objective is to secure the future prosperity of the whole region… by removing all physical barriers to the movement of persons and goods … while preserving the Schengen area, the EU Single Market and Customs Union.”
The “whole region”, one assumes, being Gibraltar, la Linea and the Campo de Gibraltar.
The clear sign is that Gibraltar will need to conform to some unknown degree, one assumes through agreed parameters included in the Gibexit treaty, with the EU wide agreed measures that allow for border fluidity.
ONGOING PROCEDURAL REQUIREMENTS
Initially, we are told that there is an ongoing rigorous technical and legal review and translation of the text of the Gibexit treaty by both the EU and the UK, which will likely take several weeks.
Thereafter, before signature and conclusion of the Gibexit treaty, all EU and UK internal procedures will need to be met.
There is no sign given on how long that will take, but certainly some time more.
All that will likely stretch developments into the New Year.
EU RATIFICATION
Internal requirements will include ratification.
The published belief, some months ago, was that the Gibexit treaty is one that is exclusively EU competent, so it will need ratification only in the European Parliament and not the parliaments of all 27 EU member states.
There is nothing to show that that has changed, but discussions with the European Council would be held. Each member sate may well express a view on that which may differ. If any does, further delay may be caused.
BRITISH RATIFICATION
Initially the Gibexit treaty will go through a process by which the Gibraltar Parliament will call on the UK to ratify it.
At that point its text will become public. In fact, the UK Foreign Secretary told the House of Commons this week that the legal text would be published as soon as possible.
The UK ratification procedure is that the Gibexit treaty text will be laid in both Houses of the UK Parliament for 21 sitting days, which will allow for scrutiny by UK MPs.
Ratification is considered given if there are no objections, but there will likely be some debate.
TRANSPARENCY COMMITMENT
A spokesperson from the Chief Minister’s office, No. 6 Convent Place, said, “We remain committed to transparency: the final treaty will be made public and subject to full scrutiny of the Gibraltar, UK and EU Parliaments as part of the process of ratification.”
The people of Gibraltar will be faced, however, with a ‘fait accompli’ as decided by the GSLP-Liberal elected Government that has full control of Gibraltar’s Parliament.
It is that Government that has been engaged and already agreed the text of the Gibexit treaty.
the GSLP-Liberal Government must take full responsibility for any popular reaction to it.