1. For the purposes of the application of Articles 242, 245, 247 and 248, the competent authorities of the United Kingdom, in respect of Gibraltar, shall have access to the European transit and proof of Union status IT system or to the specific transit system of Annexes 19 and 21 through the IT system of the Kingdom of Spain.
2. The competent authorities within the Union shall have real time and continuous access to any relevant IT systems used by the competent authorities of the United Kingdom, in respect of Gibraltar, for the application of this Title.
3. Administrative arrangements between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set out the practical modalities for the application of paragraphs 1 and 2.
Article 252. Exceptions and Safeguards
1. The provisions of Article 244 shall not preclude the application of prohibitions or restrictions on the import or export of goods, or to goods in transit, justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Union and the United Kingdom, in respect of Gibraltar.
2. Without prejudice to Article 334, the Union or the United Kingdom, in respect of Gibraltar, may suspend the application of this Agreement or take the measures foreseen in paragraph 3 in case of:
(a) insufficient or defective application of the provisions of this Title, or of paragraph 1 of Article 19 insofar as the latter relates to acts of Union law made applicable to the United Kingdom, in respect of Gibraltar, and in Gibraltar by the decision referred to in Article 247(1);
(b) lack of cooperation by the competent authorities within the Union or by the competent authorities of the United Kingdom, in respect of Gibraltar, to address irregularities, fraud or diversion of trade, including as regards the full access of the competent authorities within the Union in accordance with Article 251;
(c) objective, compelling and verifiable information that systematic and large-scale breaches or circumventions of customs legislation have been committed; or
(d) errors, maladministration or abuses committed by the Union or by the United Kingdom, in respect of Gibraltar.
3. In the cases referred to in paragraph 2:
(a) the Union may increase the collection cost referred to in Article 3 of Annex 21 or suspend the reimbursement of the duties collected; and
(b) the Union may levy the VAT and where relevant excise duties applicable in the Member State of the designated customs post when opening the transit procedure for the goods destined for Gibraltar in accordance with Annexes 19 and 21.
4. If the Union or the United Kingdom, in respect of Gibraltar, intends to act pursuant to paragraph 2, it shall notify the Cooperation Council and be ready to enter into consultations upon request within the Cooperation Council with a view to reaching a mutually acceptable solution. If the Union and the United Kingdom, in respect of Gibraltar, fail to agree on a mutually acceptable solution within three months after the date of notification, the Union or the United Kingdom, in respect of Gibraltar, may decide to act pursuant to paragraph 2 unilaterally.
5. In the case a Party intends to take a measure pursuant to paragraph 4, the following modalities shall apply:
(a) that Party shall notify the other Party about its decision specifying the reason to take the measure and the period of application of the unilateral measure, which shall be no longer than three months;
(b) the period for the application of the unilateral measure may be renewed following the same procedure, should the conditions under paragraph 2 persist at the expiry of the period set out in the notice referred to in sub-paragraph (a);
(c) any unilateral measure under this Article shall be the subject of regular consultations in the Cooperation Council from the date of application of the measure, with a view to ending the measure concerned before the expiry of the period set out in the notice referred to in sub-paragraph (a) in the event that the Party applying the measure decides the measure is no longer necessary; and
(d) The Parties may at any time request the Cooperation Council to review any measure taken under this Article.
Article 253. Ceuta and Melilla
The import of goods from Ceuta and Melilla into Gibraltar shall be subject to the same treatment as that afforded by Union law to goods imported from Ceuta and Melilla into the Union.
Article 254. Specialised Committee on Economy and Trade
1. The Specialised Committee on Economy and Trade shall have the power to:
(a) adopt appropriate measures to implement and make effective the provisions of Article 250;
(b) lay down the provisions needed for the application of Article 251;
(c) adopt amendments to the Annexes, appendices and protocols to this Title; and
(d) lay down any other arrangements necessary for the proper implementation of this Title.
2. The Specialised Committee on Trade and Economy shall regularly discuss the implementation of this Title.
Chapter 3. GOODS PRODUCED OR PLACED ON THE MARKET IN GIBRALTAR
Article ARTICLE 255
Definitions
For the purposes of this Chapter, the following definitions apply:
"food" means any substance or product, including drinks, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans. "Food" shall not include feed, live animals unless they are prepared for placing on the market for human consumption, plants prior to harvesting, medicinal products, cosmetics, tobacco and tobacco products, narcotic or psychotropic substances, residues, contaminants and medical devices;
"GHA" means the Gibraltar Health Authority;
"label" means any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed or impressed on, or attached to, the packaging of a food or the box in which it is contained, and which cannot be easily removed or faded;
"prepacked" means prepared for presentation of any single item as such to the final consumer and to catering operators, consisting of the packaging into which the retail goods are put before being offered for sale, whether such packaging encloses the retail goods completely or only partially, but in any event in such a way that the contents cannot be altered without opening or changing the packaging. "Prepacked food" shall not include foods packed on the sales premises at the consumer's request or prepacked for direct sale; and
"retail" means the handling or processing of food and its storage at the point of sale or delivery to the final consumer, which includes distribution terminals, catering operations, factory canteens, institutional catering, restaurants and other similar food service operations, shops, supermarket distribution centres and wholesale outlets.
General requirements
The United Kingdom, in respect of Gibraltar, shall have in place and effectively apply legislation ensuring that goods may be produced or placed on the market in Gibraltar only if they comply with the relevant rules of Union law governing the production or placing on the market of those goods.
Without prejudice to paragraph 1, goods lawfully placed on the market in any Member State shall be presumed to be compliant with any current or future rules applicable to goods to be placed on the market in Gibraltar.
The rules referred to in paragraph 1 shall not apply to:
goods produced in Gibraltar exclusively for export outside Gibraltar or the Union without being first placed on the Gibraltar or Union markets;
food produced in Gibraltar or prepared, processed or repacked by retail establishments in Gibraltar and placed on the market in Gibraltar for local consumption1; and
food imported into Gibraltar, as regards their transport, storage and distribution after entry into Gibraltar.
Where food referred to in subparagraph (b), is prepacked, the individual packaging must bear a label which clearly states the words "Not for EU".
In order to ensure that food referred to in subparagraphs (b) and (c) cannot be subsequently moved to a Member State or placed on the market in the Union, the competent authorities of the United Kingdom, in respect of Gibraltar, shall carry out official controls and surveillance measures to ensure compliance with the requirements of this paragraph and shall ensure that such food is only intended for retail sale and local consumption and that economic operators comply with the labelling requirement provided for in this Article.
1 For greater certainty, spirit drinks produced or placed on the market in Gibraltar are excluded from this provision and must fully comply with the relevant Union rules.
Notwithstanding paragraph 1, the United Kingdom, in respect of Gibraltar, may allow medicinal products for human use as defined in subparagraph (2) of Article 1 of
Directive 2001/83/EC of the European Parliament and of the Council1 to be placed on the market in Gibraltar provided that all of the following conditions are fulfilled:
the competent authorities of the United Kingdom have authorised the placing on the market in the United Kingdom of the medicinal product in accordance with the law of the United Kingdom and under the terms of the authorisation granted by them;
the medicinal products concerned not bear the EU unique identifier; but bear an individual label that shall state the words "UK only" which shall be attached to the packaging of the medicinal product in a conspicuous place in such a way that it is easily visible, clearly legible, and indelible and shall not in any way be hidden, obscured, detracted from, or interrupted by any other written or pictorial matter or any other intervening material; and
the United Kingdom, in respect of Gibraltar, has taken effective monitoring and enforcement measures carried out by means of audits and inspections in order to ensure that medicinal products as referred to in this paragraph2 may not be moved from Gibraltar to the Union or be placed on the market in a Member State and that economic operators comply with the labelling requirement provided for in this Article.
1 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ EC L 311, 28.11.2001, p. 67, ELI: )
2 With the exception of licensed prescription medicines accompanied by a prescription by a GHA approved professional in a quantity not exceeding 90-day long treatment.
Notwithstanding paragraph 1, the United Kingdom, in respect of Gibraltar, may allow the import into Gibraltar, as laid down in Article 247(4), of medical devices, accessories for medical devices and in vitro diagnostic medical devices as defined in Article 2(1) and (2) of Regulation (EU) 2017/745 of the European Parliament and of the Council1 and Article 2(2) and 2(4) of Regulation (EU) 2017/746 of the European Parliament and of the Council2 (hereafter referred to as "devices"), provided that the following conditions are fulfilled:
the devices may be lawfully placed on the market in the United Kingdom;
the devices are procured and imported by or for entities placed under the direct responsibility of the GHA3;
the sole end-users of the devices are entities under the direct responsibility of the GHA and professionals employed by the GHA;
1 Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ EU L 117, 5.5.2017, p. 1, ELI: ).
2 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ EU L 117, 5.5.2017, p. 176,
ELI: ).
3 By the date of entry into force of this Agreement, and subsequently each time there is a change to the entities concerned, the United Kingdom, in respect of Gibraltar, shall notify the Committee on Economy and Trade of the entities falling within the scope of point (b) of paragraph 5.
where the product does not bear a "CE" marking, a clearly visible, legible and indelible marking or sticker shall be applied to each consignment of devices covered by paragraph 5 at the point of first handling in Gibraltar following unloading from the means of transport. This marking or sticker should be placed on the outermost packaging of the consignment or shipping box, stating the words "Gibraltar (GHA) only". This shall be attached to the outermost packaging of the product in a conspicuous place in such a way that it is easily visible, clearly legible, and indelible; it shall not in any way be hidden, obscured, detracted from, or interrupted by any other written or pictorial matter or any other intervening material.
For the purposes of this subparagraph, "outermost packaging" means the first level of packaging visible upon receipt of the consignment after unloading, excluding any inner packs, cartons or individual product units contained therein; and
the United Kingdom, in respect of Gibraltar, has taken effective monitoring and enforcement measures carried out by means of audits and inspections in order to ensure that devices as referred to in this paragraph1 may not be moved from Gibraltar to the Union or be placed on the market in a Member State and that economic operators comply with the labelling requirements provided for in this Article.
1 With the exception of devices and accessories for such devices accompanied by a prescription or certificate by a GHA approved professional in quantity not exceeding a 90-day long treatment.
Any device imported under paragraph 5, which does not bear a "CE" marking, may only leave the premises of entities under the direct responsibility of the GHA if this is necessary for reasons of patient health, in the opinion of professionals employed by the GHA. For any such devices leaving premises of entities under the direct responsibility of the GHA, a clearly visible, legible and indelible marking or sticker stating the words "Gibraltar (GHA) only" shall be applied to the immediate outer packaging of the device, or to the device itself if it is not packaged when leaving the premises. This shall be attached to the packaging of the product in a conspicuous place in such a way that it is easily visible, clearly legible, and indelible; it shall not in any way be hidden, obscured, detracted from, or interrupted by any other written or pictorial matter or any other intervening material.
This requirement shall not apply to implantable devices or where it is not possible to apply such a marking or sticker without impairing its proper functioning, given the size or nature of the device.
Before issuing any new authorisation licence relating to the production or placing on the market of goods in Gibraltar, the United Kingdom, in respect of Gibraltar, shall inform the Union via the Specialised Committee on Economy and Trade.
Monitoring of compliance and cooperation on market surveillance
The United Kingdom, in respect of Gibraltar, shall:
establish and ensure the effective operation of market surveillance authorities which will carry out market surveillance activities to ensure compliance with Article 256(1) and 256(3);
ensure the separation of market surveillance functions from conformity assessment functions; and
ensure the impartiality of market surveillance authorities in the performance of control or supervision of economic operators.
When a Member State's market surveillance authority has found that goods produced or placed on the market in Gibraltar are not in compliance with the relevant rules of Union law governing the production or placing on the market of these goods in the Union and has informed the competent authorities of the United Kingdom, in respect of Gibraltar, thereof, and provided the reasons for its finding, the latter authorities shall without delay take all appropriate and necessary enforcement measures. Article 6(1) shall not apply to exchanges of information under this paragraph.
When the competent authorities of the United Kingdom, in respect of Gibraltar, have found that goods imported from a Member State and placed on the market in Gibraltar are not in compliance with the legislation referred to in Article 256(1) and where bringing such non-compliance to an end requires measures to be taken within the jurisdiction of a Member State, those authorities may send a reasoned request to the market surveillance authorities of that Member State to investigate whether those goods are in compliance with the rules that would apply if those goods were placed on the market in the Union and, if it is found that the goods are not in compliance, to take appropriate corrective measures.
Without prejudice to the relevant provisions on mutual administrative assistance in customs matters, representatives of the competent authorities within the Union shall verify in accordance with Article 265, as provided for below, whether goods produced or placed on the market in Gibraltar comply with relevant rules of Union law applicable to those goods in the Union.
For the purposes of the verification referred to in the first sub-paragraph, the representatives of the competent authorities within the Union may request the authorities of the United Kingdom, in respect of Gibraltar, to carry out certain actions and measures during joint visits. The competent authorities of the United Kingdom, in respect of Gibraltar, shall carry out those measures expeditiously.
The measures referred to in the second sub-paragraph may include the following:
the provision, by the end of January and July of each year, to the representatives of the competent authorities within the Union of the list of licensed economic operators and of goods produced or placed on the market provided by the competent authorities of the United Kingdom, in respect of Gibraltar, and verification of the accuracy of that list through the production of the relevant business licences;
the verification that the actual production of goods produced or placed on the market in Gibraltar is carried out by the producer in accordance with the relevant rules of Union law applicable to the production of these goods in the Union and in the Member State in the market of which the goods are intended to be placed; and
the verification that goods placed on the market in Gibraltar are compliant with the relevant rules of Union law applicable for the production and placing on the market of those goods in the Union.
In order to allow the competent authorities within the Union to decide, on the basis of risk-based market surveillance criteria, whether and to what extent joint verification visits are necessary, the competent authorities of the United Kingdom, in respect of Gibraltar, shall provide the competent authorities within the Union with a list of the existing producers of goods in Gibraltar by the end of January and of July of each year following the entry into force of this Agreement. That list shall indicate:
any new licensed producer, including a description of the products produced by that producer;
the quantities produced during the previous period of six months per producer and per good; and
the volume of sales per producer and per good by place of destination (either Gibraltar or the place where the goods were exported).
The Specialised Committee on Economy and Trade may adopt a decision amending the content of such list.
The Parties recognise the importance of cooperation on market surveillance, safety and compliance of products for the facilitation of trade and for the protection of consumers and other users and of building mutual trust based on timely shared information and shall take appropriate action accordingly.
Chapter 4. TOBACCO
Article ARTICLE 258
Specific measures on monitoring and tracking of tobacco
The United Kingdom, in respect of Gibraltar, shall, in accordance with the provisions of the Protocol on the traceability, cooperation to fight smuggling of tobacco and additional measures related to tobacco products:
set up a tobacco traceability system that is equivalent to the Union system and the relevant Union law;
adopt additional measures as regards picture warnings, tobacco for oral use and cross border distance sales for tobacco products;
share traceability information on the movements of tobacco products in Gibraltar with the competent authorities within the Union, upon request;
establish monitoring mechanisms to exchange information with the competent authorities within the Union concerning raw, unmanufactured tobacco and manufactured tobacco products that are entered, imported or sold in Gibraltar or exited or exported from Gibraltar; and
cooperate, including by exchanging information with the competent authorities within the Union to fight tobacco smuggling, including to identify persons that may be found directly or indirectly responsible for said acts.
Article 6(1) Shall Not Apply to Exchanges of Information Under Points (d) and (e).
Chapter 5. PROVISIONS APPLICABLE TO CERTAIN CATEGORIES OF GOODS
Article ARTICLE 259
Definitions
For the purposes of this Chapter, the following definitions apply:
"civilian component" means civilian persons who are in the employ of, or contracted by, the Government of the United Kingdom and who are not persons resident in Gibraltar or in the Union, with the exception of persons who have the right to reside in the United Kingdom or the Common Travel Area;
"non-resident United Kingdom Forces" means persons serving in the United Kingdom Forces, either as regulars or reserves, who are citizens of the United Kingdom, Commonwealth citizens, citizens of Ireland or have the right to reside in the United Kingdom or the Common Travel Area and who are not persons resident in Gibraltar; and
"visiting third country forces" means persons serving or who are in the employ of, or contracted by, the armed services of a NATO member or of selected partners who are not persons resident in the Union, or in Gibraltar, and who are due to arrive in Gibraltar on the invitation of the United Kingdom.
Rules applicable to certain categories of goods
With the exception of the documents referred to in paragraph 4 and goods transferred for commercial purposes, the competent authorities within the Union and the competent authorities of the United Kingdom, in respect of goods to be transferred to and from Gibraltar exclusively for the official use of the Ministry of Defence of the United Kingdom or of visiting third country forces, shall ensure that customs controls take place only at a designated customs post, during the fixed opening hours. The competent authorities within the Union shall ensure that customs controls take place as soon as reasonably practicable. Union law shall apply to the transfer of such goods from Gibraltar to the customs territory of the Union.
The transfer shall be carried out in accordance with the relevant provisions for goods of this Title with the exception of the collection of customs duties or indirect taxes and the application of Article 265.
The temporary admission and the re-exportation of service vehicles of non-resident United Kingdom Forces or the civilian component under their own power or private motor vehicles for their personal use shall be allowed free of customs duties and indirect taxation on presentation of a triptyque in the form included in the administrative arrangements referred to in paragraph 7.
Official documents under official seal shall be exempt from the application of this Title. Couriers, whatever their status, carrying these documents must be in possession of an individual movement order as referred to in the second indent of Article 38(2). This movement order shall show the number of dispatches carried and certify that they contain only official documents.
Special arrangements shall be made so that fuel, oil and lubricant for use in service vehicles, aircraft and vessels of non-resident United Kingdom Forces or the civilian component, may be delivered free of all duties and taxes.
Goods covered by this Article are not considered to be in free circulation in Gibraltar but in a form of temporary admission under the control of the relevant authorities. Goods covered by this Article may not be released for free circulation in the customs territory of the Union. Where these goods are placed on the market in Gibraltar, Title II shall apply.
Administrative arrangements between the Kingdom of Spain and the United Kingdom shall set out the practical modalities for the application of this Chapter.
Military technology and equipment
Transfers of items included in the Common Military List of the European Union1 as well as Category A, B and C firearms within the meaning of Regulation (EU) No 258/2012 of the European Parliament and of the Council2, and Regulation (EU) 2025/41 of the European Parliament and of the Council3, when destined for the armed forces, the police, or the public authorities of the United Kingdom in Gibraltar shall be subject to the provisions of this Title as well as to rules of Spanish law on export controls of defence and dual use material. The Kingdom of Spain shall impose an authorisation requirement on the transfers of these items.
The applications for the authorisations referred to in paragraph 1 shall include:
applications for licenses for physical exports, including those for the purpose of licensed production of military equipment in third countries;
1 COMMON MILITARY LIST OF THE EUROPEAN UNION adopted by the Council on 17 February 2020 (equipment covered by Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment) (updating and replacing the Common Military List of the European Union adopted by the Council on 18 February 2019 (1)) (CFSP) (2020/C 85/01).
2 Regulation (EU) No 258/2012 of the European Parliament and of the Council
of 14 March 2012 implementing Article 10 of the United Nations' Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime
(UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition (OJ EU L 94, 30.3.2012, p. 1, ELI: ).
3 Regulation (EU) 2025/41 of the European Parliament and of the Council
of 19 December 2024 on import, export and transit measures for firearms, essential components and ammunition, implementing Article 10 of the United Nations Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol) (OJ EU L, 2025/41, 22.1.2025,
ELI: ).
applications for licenses for imports into the customs territory of the Union;
applications for brokering licenses;
applications for "transit" or "transhipment" licenses; and
applications for licenses for any intangible transfers of software and technology, by means such as electronic media, fax or telephone.
The Kingdom of Spain shall assess the license applications submitted for transfers of items on the Common Military List of the European Union on a case-by-case basis against the criteria established by Council Common Position 2008/944/CFSP1 as amended by Council Decision (CFSP) 2025/7792 defining common rules governing the control of exports of military technology and equipment.
1 Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment
(OJ EC L 335, 13.12.2008, p. 99, ELI: ).
2 Council Decision (CFSP) 2025/779 of 14 April 2025 amending Common
Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment (OJ EU L, 2025/779, 15.4.2025,
ELI: ).
Dual use goods and technologies
Transfers of items included in Annex I of Regulation (EU) 2021/821 of the European Parliament and of the Council1 shall be subject to the provisions of this Title as well as to relevant rules of Union and Spanish law on export controls of defence and dual use material. The Kingdom of Spain shall impose an authorisation requirement on the transfers of dual-use items listed in Annex I of this Regulation.
The Kingdom of Spain may impose an authorisation requirement on the transfer of certain items not listed in Annex I, in application of the relevant provisions of Regulation (EU) 2021/821.
The Kingdom of Spain may prohibit or impose an authorisation requirement on the transfer of dual-use items not listed in Annex I of Regulation (EU) 2021/821 for reasons of public security, including the prevention of acts of terrorism, or for human rights considerations.
The applications for the authorisations referred to in paragraph 1 shall include:
applications for licenses for physical exports, including those for the purpose of licensed production of military equipment in third countries;
applications for licenses for imports into the customs territory of the Union;
1 Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (OJ EU L 206, 11.6.2021, p. 1,
ELI: ).