Title
DRAFT AGREEMENT IN RESPECT OF GIBRALTAR BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, OF THE ONE PART, AND THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE OTHER PART
Preamble
THE EUROPEAN UNION AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, IN RESPECT OF GIBRALTAR
1. REAFFIRMING their commitment to democratic principles, the rule of law, human rights, countering proliferation of weapons of mass destruction and to the fight against climate change, which constitute essential elements of this and supplementing agreements,
2. RECOGNISING the importance of global cooperation to address issues of shared interest,
3. NOTING that the United Kingdom withdrew from the European Union and that Gibraltar is not included in the territorial scope of the Trade and Cooperation Agreements concluded between the European Union and the European Atomic Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, done at London and Brussels on 30 December 2020,
4. SEEKING to establish a new mutually cooperative relationship between the European Union and the United Kingdom of Great Britain and Northern Ireland, in respect of Gibraltar ("the Parties"), which also promotes shared prosperity and close and constructive relations in respect of Gibraltar and the adjacent area in the Kingdom of Spain, in particular the territory of the municipalities that make up the Mancomunidad de Municipios del Campo de Gibraltar,
5. CONSIDERING that, in order to ensure the efficient implementation and correct interpretation and application of this Agreement and any supplementing agreements, as well as compliance with the obligations under those agreements, it is essential to establish rules for governance, in particular dispute settlement and enforcement rules,
6. CONSIDERING that all current physical barriers to the circulation of persons between Gibraltar and the Schengen area should be removed, while preserving the integrity of the Schengen area through appropriate controls, measures and safeguards, and taking into account that Gibraltar does not participate in and is not associated to the Schengen acquis,
7. CONSIDERING that, to strengthen the security of the Parties, the removal of physical barriers to the circulation of persons and the controls, measures and safeguards established should be complemented by cooperation between the Parties relating to the prevention, investigation, detection or prosecution of criminal offences and to the execution of criminal penalties, including the safeguarding against and prevention of threats to public security,
8. REAFFIRMING, given the geographical proximity between the Parties, the commitment to cooperate to prevent and combat money laundering and terrorist financing as well as tax evasion and tax avoidance, and to ensure the implementation of international standards of good governance in the tax area,
9. RECOGNISING the need for a balanced economic partnership to be underpinned by a level playing field for open and fair competition and sustainable development, through effective frameworks for state aid control and a commitment to uphold the Parties' respective high levels of protection in the areas of labour and social standards, environment, the fight against climate change, and taxation,
10. CONSIDERING that all physical barriers to the movement of goods by land between Gibraltar and the Union should be removed, while protecting the integrity of the Union's Single Market and the Parties' financial interests, including by:
- ensuring the fight against customs fraud through appropriate customs controls and procedures as well as other measures;
- providing for cooperation mechanisms between the Parties and safeguards, equally preventing and combating tax fraud, evasion and avoidance;
- applying relevant Union rules governing the movement, production and placing on the market of goods, including Prohibitions and Restrictions and market access rules,
11. SEEKING, given the geographical proximity between the Parties, to cooperate in civil nuclear safety and security matters,
12. CONSIDERING the importance of ensuring road transport for passengers and goods between Gibraltar and a limited contiguous frontier zone in the territory of the Union, and road transport of goods between Gibraltar and the United Kingdom through the territory of the European Union, as well as certain access to the ports of the Parties,
13. SEEKING to establish rules applicable to Gibraltar airport and its operation,
14. SEEKING to establish clear rules and close and effective cooperation between the competent institutions of the Kingdom of Spain and Gibraltar to protect and provide quick and under optimum conditions to ensure the rights of frontier workers moving between the Kingdom of Spain and Gibraltar to work and corresponding coordination of social security rights, as well as ensuring the rights for their family members,
15. RECOGNISING the importance of a financial mechanism to promote cohesion between Gibraltar and the Campo de Gibraltar, while protecting the Parties' financial interests,
16. DESIRING that an agreement be concluded between the United Kingdom, in respect of Gibraltar, and the Union to provide a legal base for such cooperation,
17. ACKNOWLEDGING that the Parties may supplement this Agreement with other agreements forming an integral part of their overall bilateral relations as governed by this Agreement,
HAVE AGREED AS FOLLOWS:
Body
Part ONE. COMMON AND INSTITUTIONAL PROVISIONS
Title I. GENERAL PROVISIONS
Article 1. Purpose
The objective of this Agreement is to establish a mutually cooperative relationship between the Parties, which also promotes shared prosperity and close and constructive relations in respect of Gibraltar and the adjacent area in the Kingdom of Spain, in particular the territory of the municipalities that make up the Mancomunidad de Municipios del Campo de Gibraltar.
Article 2. Sovereignty
This Agreement, any supplementing agreements as referred to in Article 3, any administrative arrangements or other arrangements related to this Agreement, and any measures or instruments or conduct taken in application or as a result thereof, or pursuant thereto, shall be without prejudice to, and shall not otherwise affect the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction, and shall not constitute the basis for any assertion or denial of sovereignty including in legal proceedings or otherwise.
Article 3. Definitions
1. For the purposes of this Agreement and any supplementing agreement, and unless otherwise specified, the following definitions apply:
"Party" or "Parties" means the European Union and the United Kingdom, in respect of Gibraltar;
a "Party's law" or "the Parties' laws" means, with reference to the United Kingdom, in respect of Gibraltar, the laws applicable in Gibraltar, unless specifically provided otherwise;
"data subject" means an identified or identifiable natural person; an identifiable person being a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data or an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
"day" means a calendar day;
"Member State" means a Member State of the European Union;
"personal data" means any information relating to a data subject;
"Contiguous frontier zone" means the municipalities that make up the Mancomunidad de Municipios del Campo de Gibraltar, in the Kingdom of Spain.
2. Any reference to the "Union" in this Agreement or any supplementing agreement shall be understood as including the European Atomic Energy Community, unless otherwise specified or where the context otherwise requires.
3. Any reference to the "United Kingdom" in this Agreement or any supplementing agreement shall be understood as referring to the United Kingdom as the State being responsible for the external relations of Gibraltar.
Article 4. Supplementing Agreements
1. Where the Union and the United Kingdom conclude other bilateral agreements between them in respect of Gibraltar, such agreements shall constitute supplementing agreements to this Agreement unless otherwise provided for in those agreements. Such supplementing agreements shall be an integral part of the overall bilateral relations between the Union and the United Kingdom, in respect of Gibraltar, as governed by this Agreement and shall form part of the overall framework.
2. Paragraph 1 also applies to:
(a) agreements between the Union and its Member States, of the one part, and the United Kingdom, in respect of Gibraltar, of the other part;
(b) agreements between the European Atomic Energy Community, of the one part, and the United Kingdom, in respect of Gibraltar, of the other part.
Article 5. Good Faith
1. The Parties shall, in full mutual respect and good faith, assist each other in carrying out tasks that flow from this Agreement and any supplementing agreement.
2. They shall take all appropriate measures, whether general or particular, to ensure the fulfilment of the obligations arising from this Agreement and from any supplementing agreement, and shall refrain from any measures which could jeopardise the attainment of the objectives of this Agreement or any supplementing agreement.
Article 6. Communications and Notifications
1. Formal communications and decisions to be notified, made by or addressed to the Gibraltar competent authorities, shall be transmitted through the Foreign, Commonwealth and Development Office of the Government of the United Kingdom (hereinafter, "the FCDO"), or such other United Kingdom body, both based in the United Kingdom, as the Government of the United Kingdom may decide to appoint.
2. The FCDO shall certify as authentic documents issued by the competent authorities of Gibraltar where decisions are to be directly enforced before a court or other enforcement authority in a Member State without the need of a formal previous notification.
3. The notification by the United Kingdom of competent authorities in Gibraltar pursuant to this Agreement or any supplementing agreement shall also include reference to the FCDO or other United Kingdom body referred to in paragraph 2.
Article 7. Removal of Physical Barriers
All physical barriers shall be removed in accordance with the implementation plan contained in the relevant administrative arrangement between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain.
Title II. BASIS FOR COOPERATION
Article 8. Democracy, Rule of Law and Human Rights
1. The Parties shall continue to uphold the shared values and principles of democracy, the rule of law, and respect for human rights, which underpin their domestic and international policies. In that regard, the Parties reaffirm their respect for the Universal Declaration of Human Rights and the international human rights treaties to which they are parties.
2. The Parties shall promote such shared values and principles in international forums. The Parties shall cooperate in promoting those values and principles, including with or in third countries.
Article 9. Fight Against Climate Change
1. The Parties consider that climate change represents an existential threat to humanity and reiterate their commitment to strengthening the global response to this threat. The fight against human-caused climate change as elaborated in the United Nations Framework Convention on Climate Change ("UNFCCC") process, and in particular in the Paris Agreement adopted by the Conference of the Parties to the United Nations Framework Convention on Climate Change at its 21st session (the "Paris Agreement"), inspires the domestic and external policies of the Union and the United Kingdom. Accordingly, each Party shall respect the Paris Agreement and the process set up by the UNFCCC and refrain from acts or omissions that would materially defeat the object and purpose of the Paris Agreement.
2. The Parties shall advocate for the fight against climate change in international forums, including by engaging with other countries and regions to increase their level of ambition in the reduction of greenhouse emissions.
Article 10. Countering Proliferation of Weapons of Mass Destruction
1. The Parties consider that the proliferation of weapons of mass destruction ("WMD") and their means of delivery, to both state and non-state actors, represents one of the most serious threats to international stability and security. The Parties therefore agree to cooperate and to contribute to countering the proliferation of weapons of mass destruction and their means of delivery through full compliance with and national implementation of their existing obligations under international disarmament and non-proliferation treaties.
2. The Parties agree furthermore to cooperate on and to contribute to countering the proliferation of weapons of mass destruction and their means of delivery by:
(a) taking steps to sign, ratify, or accede to, as appropriate, and fully implement all other relevant international instruments to the extent that those instruments are open to signature, ratification or accession by the Parties; and
(b) establishing an effective system of national export controls, controlling the export as well as transit of WMD-related goods, including a WMD end-use control on dual use technologies and containing effective sanctions for breaches of export controls.
3. The Parties agree to establish a regular dialogue on those matters.
Article 11. Small Arms and Light Weapons and other Conventional Weapons
1. The Parties recognise that the illicit manufacture, transfer and circulation of small arms and light weapons ("SALW"), including their ammunition, their excessive accumulation, their poor management, inadequately secured stockpiles and their uncontrolled spread continue to pose a serious threat to peace and international security.
2. The Parties agree to observe and fully implement their respective obligations in the case of the United Kingdom, as extended to Gibraltar, to deal with the illicit trade in SALW, including their ammunition, under existing international agreements and UN Security Council resolutions, as well as their respective commitments within the framework of other international instruments applicable in this area, such as the UN Programme of Action to prevent, combat and eradicate the illicit trade in SALW in all its aspects.
3. The Parties recognise the importance of domestic control systems for the transfer of conventional arms in line with existing international standards. The Parties recognise the importance of applying such controls in a responsible manner, as a contribution to international and regional peace, security and stability, and to the reduction of human suffering, as well as to the prevention of diversion of conventional weapons.
4. The Parties undertake, in that regard, to cooperate with each other within the framework of the Arms Trade Treaty, including in promoting the universalisation and full implementation of that Treaty by all UN member states.
5. The Parties therefore undertake to cooperate in their efforts to regulate or improve the regulation of international trade in conventional arms and to prevent, combat and eradicate the illicit trade in arms. The Parties shall take steps to sign, ratify, or accede to, as appropriate, and fully implement the international instruments listed in Annex 1, to the extent that those instruments are open to signature, ratification or accession by the Parties.
6. The Parties agree to establish a regular dialogue on those matters.
Article 12. The Most Serious Crimes of Concern to the International Community
1. The Parties reaffirm that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation, including with the International Criminal Court. The Parties agree to fully support the universality and integrity of the Rome Statute of the International Criminal Court and related instruments.
2. The Parties agree to establish a regular dialogue on those matters.
Article 13. Counter-terrorism
1. The Parties shall cooperate at the bilateral, regional and international levels to prevent and combat acts of terrorism in all its forms and manifestations in accordance with international law, including, where applicable, international counterterrorism-related agreements, international humanitarian law and international human rights law, as well as in accordance with the principles of the Charter of the United Nations. The Parties shall take steps to sign, ratify, or accede to, as appropriate, and fully implement the international instruments listed in Annex 2 to the extent that those instruments are open to signature, ratification or accession by the Parties.
2. The Parties shall enhance cooperation on counter-terrorism, including preventing and countering violent extremism and the financing of terrorism, with the aim of advancing their common security interests, taking into account the United Nations Global Counter-Terrorism Strategy and relevant United Nations Security Council resolutions, without prejudice to law enforcement and judicial cooperation in criminal matters and intelligence exchanges.
3. The Parties agree to establish a regular dialogue on those matters. This dialogue will, inter alia, aim to promote and facilitate:
(a) the sharing of assessments on the terrorist threat;
(b) the exchange of best practices and expertise on counter terrorism;
(c) operational cooperation and exchange of information; and
(d) exchanges on cooperation in the framework of multilateral organisations.
Article 14. Personal Data Protection
1. This Article applies to the protection of natural persons in relation to their personal data when processed wholly or partly by automated means, or other than by automated means when they form part of a filing system or are intended to form part of a filing system (hereinafter "data protection").
2. Annex 3 shall form an integral part of this Article. This Annex shall not include the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council (1) governing the competence and role of the lead supervisory authority and the supervisory authority concerned.
3. Article 19 shall apply to Annex 3.
4. Without prejudice to Article 20, the provisions of the United Kingdom, in respect of Gibraltar, referred to in paragraph 1 of Article 18 in the area covered by Annex 3 shall be interpreted in accordance with the relevant acts of the European Data Protection Board (hereinafter "the Board") in the same manner and under the same conditions as they apply to the Member States. This includes the opinions that the data protection supervisory authority of the United Kingdom, in respect of Gibraltar, requests or receives pursuant to Article 64 of Regulation (EU) 2016/679, with respect to rules applicable to the United Kingdom, in respect of Gibraltar, that are the same as the rules contained in Annex 3.
5. The data protection supervisory authority of the United Kingdom, in respect of Gibraltar, shall take utmost account of decisions taken by the competent supervisory authority pursuant to Article 60 of Regulation (EU) 2016/679 and decisions taken by the Board pursuant to Article 65 of Regulation (EU) 2016/679, when deciding on cases raising similar questions of interpretation and application of the same rules as those contained in Regulation (EU) 2016/679.
6. The reference to Member States in Article 68(3) of Regulation (EU) 2016/679 shall not be read as including the United Kingdom, in respect of Gibraltar. The data protection supervisory authority of the United Kingdom, in respect of Gibraltar, may be invited to meetings of the Board only in cases where decisions addressed to that supervisory authority are discussed or the presence of that supervisory authority is necessary and in the interest of the Union to ensure the effective application of the same rules as the Union acts in the area of data protection referred to in paragraph 1 of Article 18 in Gibraltar. In such cases, the data protection supervisory authority of the United Kingdom, in respect of Gibraltar shall participate as an expert or guest pursuant to the relevant Rules of procedure of the Board. Its participation shall be strictly limited to the relevant agenda points and it shall be referred to in the relevant documents, such as the minutes of the meeting, as the supervisory authority of the United Kingdom, in respect of Gibraltar.
7. For the purposes of this Agreement, all references to third countries and their competent authorities contained in the provisions of Union law listed in Annex 3 shall be understood as not including the United Kingdom, in respect of Gibraltar, and its competent authorities provided paragraph 2 is complied with in accordance with paragraph 1 of Article 19.
8. Whenever the Union intends to adopt an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679 or Article 36 of Directive (EU) 2016/680 of the European Parliament and of the Council (1), the United Kingdom, in respect of Gibraltar, shall be kept duly informed.
Article 15. Global Cooperation on Issues of Shared Economic, Environmental and Social Interest
1. The Parties recognise the importance of global cooperation to address issues of shared economic, environmental and social interest. Where it is in their mutual interest, they shall promote multilateral solutions to common problems.
2. While preserving their decision-making autonomy, and without prejudice to other provisions of this Agreement or any supplementing agreement, the Parties shall endeavour to cooperate on current and emerging global issues of common interest such as peace and security, climate change, sustainable development, cross-border pollution, environmental protection, digitalisation, public health and consumer protection, taxation, financial stability, and free and fair trade and investment. To that end, they shall endeavour to maintain a constant and effective dialogue and to coordinate their positions in multilateral organisations and forums in which the Parties participate, such as the United Nations, the Group of Seven (G-7) and the Group of Twenty (G-20), the Organisation for Economic Co-operation and Development, the International Monetary Fund, the World Bank and the World Trade Organization.
Article 16. Essential Elements
1. Paragraph 1 of Article 8, paragraph 1 of Article 9 and paragraph 1 of Article 10 constitute essential elements of the cooperation established by this Agreement and any supplementing agreement.
2. If either Party considers that there has been a serious and substantial failure by the other Party to fulfil any of the obligations that are described as essential elements in paragraph 1, it may decide to terminate or suspend the operation of this Agreement or any supplementing agreement in whole or in part.
3. Before doing so, the Party invoking the application of this Article shall request that the Cooperation Council meet immediately with a view to seeking a timely and mutually agreeable solution. If no mutually agreeable solution is found within 30 days from the date of the request to the Cooperation Council, the Party may take the measures referred to in paragraph 2.
4. The measures referred to in paragraph 2 shall be in full respect of international law and shall be proportionate. Priority shall be given to the measures which least disturb the functioning of this Agreement and of any supplementing agreements.
5. The Parties consider that, for a situation to constitute a serious and substantial failure to fulfil any of the obligations described as essential elements in paragraph 1, its gravity and nature would have to be of an exceptional sort that threatens peace and security or that has international repercussions. For greater certainty, an act or omission which materially defeats the object and purpose of the Paris Agreement shall always be considered as a serious and substantial failure for the purposes of this Article.
Title III. CIVIL NUCLEAR COOPERATION
Article 17. Civil Nuclear Cooperation
1. The Parties acknowledge the importance of international cooperation for effective nuclear safety arrangements and shall work together on the continuous improvement of international nuclear safety standards and Conventions, and of their implementation. Insofar as it does not conflict with developments in legally binding international nuclear safety standards, the United Kingdom, in respect of Gibraltar, and the Union shall not weaken or reduce the levels of protection below those provided for by the standards of protection, and by the enforcement thereof, shared by the Parties and applied in respect of Gibraltar until 31 December 2020 in relation to nuclear safety, radiation protection, safe management of radioactive waste and spent fuel, decommissioning, safe shipment of nuclear material, emergency preparedness and response, and effective control of radioactive material and radioactive sources.
2. The United Kingdom, in respect of Gibraltar, shall implement a robust and effective system of nuclear material accountancy and control aiming to ensure that nuclear material (as defined in Article XII of the Statute of the International Atomic Energy Agency) is exclusively used for peaceful purposes at such time as these arrangements are required.
3. The United Kingdom, in respect of Gibraltar, shall implement safety and security arrangements, in accordance with relevant international agreements, in relation to any relevant civil nuclear facilities and radioactive sources in Gibraltar, at such time as these arrangements are required.
4. The United Kingdom, in respect of Gibraltar, shall implement, at such time as these arrangements are required, an agreement negotiated with the IAEA for the application of safeguards in Gibraltar, and shall take steps to sign, ratify or accede to, as appropriate, and fully implement the international instruments listed in Part 1 of Annex 4 as well as, where relevant, their future amendments to the extent they are ratified by the United Kingdom. Furthermore, the United Kingdom, in respect of Gibraltar, shall take steps to follow, as appropriate, the guidance documents listed in Part 2 of Annex 4 as well as their future amendments to the extent they are used by the United Kingdom.
5. The Parties acknowledge the importance of international cooperation for effective nuclear security arrangements and shall work together on the continuous improvement of international nuclear security standards and conventions. The Union and the United Kingdom, in respect of Gibraltar, shall not weaken or reduce the levels of protection below those provided for by the standards of protection, and by the enforcement thereof, applied by the Union and the United Kingdom, in respect of Gibraltar, until 31 December 2020 in relation to physical protection.
6. The United Kingdom has extended application of the Convention on Third Party Liability in the Field of Nuclear Energy concluded at Paris on 29 July 1960, as amended by the Additional Protocol of 28 January 1964 and the Protocol of 6 November 1982 to Gibraltar. The Parties note that the United Kingdom will continue to take steps to extend the Protocol of 12 February 2004 (which came into force on 1 January 2022 in the United Kingdom) as well as any further amendments, unless a Party has notified the other Party in writing that it does not accept the amendment.
7. The United Kingdom, on behalf of Gibraltar, shall continue to maintain and periodically review operational arrangements in relation to events in, or affecting, Gibraltar, the Convention on the Early Notification of a Nuclear Accident adopted by the General Conference of the International Atomic Energy Agency meeting in special session at Vienna on 26 September 1986 and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency adopted by the General Conference of the International Atomic Energy Agency meeting in special session at Vienna on 26 September 1986, should such an event occur. These operational arrangements are detailed in Annex 5 and their updates shall be notified to the other Party as soon as possible, but not later than 3 months after their entry into effect, and Annex 5 shall be amended accordingly.
8. With respect to the effective control of radioactive material and radioactive sources, the United Kingdom, in respect of Gibraltar, shall ensure at least equivalent effectiveness and coverage as that provided under both Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods and Council Directive 2013/59/Euratom of 5 December 2013, laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, including as amended or replaced in future.
Title IV. PRINCIPLES OF INTERPRETATIONS AND DEFINITIONS
Article 18. Public International Law
1. The provisions of this Agreement and any supplementing agreement shall be interpreted in good faith in accordance with their ordinary meaning in their context and in light of the object and purpose of the agreement in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969.
2. For greater certainty, except as provided for in paragraphs 1 and 4 of Article 19 and in Article 20, neither this Agreement nor any supplementing agreement establishes an obligation to interpret their provisions in accordance with the domestic law of either Party.
3. Without prejudice to Article 20, for greater certainty, an interpretation of this Agreement or any supplementing agreement given by the courts of either Party shall not be binding on the courts of the other Party.
Article 19. Union Law Applicable by the United Kingdom, In Respect of Gibraltar
1. The United Kingdom, in respect of Gibraltar, shall have in place in its domestic law, and effectively apply, the same provisions as those contained:
(a) in the Union acts listed in the provisions or in those Annexes to this Agreement to which this Article applies, or
(b) under the conditions laid down in paragraphs 2 to 4, in a subsequent Union act, namely:
(i) a Union act amending or replacing a Union act as referred to in subparagraph (a);
(ii) a Union act supplementing or implementing a Union act as referred to in subparagraph (a); or
(iii) another Union act on the subject matter of a Union act as referred to in subparagraph (a).
2. Where the Union adopts a subsequent Union act, it shall immediately notify the United Kingdom, in respect of Gibraltar, of the adoption of such act.
3. Within thirty days of the notification referred to in paragraph 2, the United Kingdom, in respect of Gibraltar, shall notify the Union of its decision whether to accept the content of, and to implement into its domestic law, the subsequent Union act. The acceptance by the United Kingdom, in respect of Gibraltar, of the content of a subsequent Union act shall create rights and obligations between the United Kingdom, in respect of Gibraltar, and the Union.
4. If the implementation into domestic law of the subsequent Union act requires the fulfilment of constitutional requirements, the United Kingdom, in respect of Gibraltar, shall inform the Union of this at the time of the notification referred to in paragraph 3. The United Kingdom, in respect of Gibraltar, shall promptly inform the Union in writing upon fulfilment of all constitutional requirements. From the entry into force of the subsequent Union act and until the information upon fulfilment of constitutional requirements, the United Kingdom, in respect of Gibraltar, shall provisionally apply, to the largest extent possible, the same rules as those contained in the subsequent Union act.
5. If the United Kingdom, in respect of Gibraltar:
(a) notifies its decision not to accept the content of a subsequent Union act; or
(b) does not make a notification within the time limit set out in paragraph 3; or
(c) does not inform the Union, at the latest six weeks after the entry into force of a subsequent Union act, of the implementation of that act into its domestic law
this Agreement shall be considered terminated unless the Cooperation Council, after a careful examination of ways to continue the Agreement, decides otherwise within ninety days. Termination of this Agreement shall take effect three months after the expiry of the ninety days period.
Article 20. Consistent Interpretation
The provisions referred to in paragraph 1 of Article 19 shall be interpreted and applied in accordance with the methods and general principles of Union law and shall in their implementation and application be interpreted in conformity with the relevant case law of the Court of Justice of the European Union.
Article 21. Private Rights
1. Without prejudice to paragraphs 1 and 2 of Article 19, Article SSC.70 and Titles I and II of Part Four, and with the exception, with regard to the Union, of Title V of Part Two, nothing in this Agreement or any supplementing agreement shall be construed as conferring rights or imposing obligations on persons other than those created between the Parties under public international law, nor as permitting this Agreement or any supplementing agreement to be directly invoked in the domestic legal systems of the Parties.
2. A Party shall not provide for a right of action under its law against the other Party on the ground that the other Party has acted in breach of this Agreement or any supplementing agreement.
Article 22. Cooperation Council
1. A Cooperation Council is hereby established. It shall comprise representatives of the Union, and of the United Kingdom, in respect of Gibraltar. The Cooperation Council may meet in different configurations depending on the matters under discussion.
2. The Cooperation Council shall be co-chaired by a Member of the European Commission and a representative of the Government of the United Kingdom at ministerial level. It shall meet at the request of the Union or the United Kingdom, in respect of Gibraltar, and, in any event, at least once a year, and shall set its meeting schedule and its agenda by mutual consent.
3. The Cooperation Council shall oversee the attainment of the objectives of this Agreement and any supplementing agreement. It shall supervise and facilitate the implementation and application of this Agreement and of any supplementing agreement. Each Party may refer to the Cooperation Council any issue relating to the implementation, application and interpretation of this Agreement or of any supplementing agreement.
4. The Cooperation Council shall have the power to:
(a) adopt decisions in respect of all matters where this Agreement or any supplementing agreement so provides;
(b) make recommendations to the Parties regarding the implementation and application of this Agreement or of any supplementing agreement;