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.
Authorisations
Transfer authorisations under this Chapter shall be granted by the competent authority of the Kingdom of Spain in accordance with the provisions of Regulation (EU) 2021/821 of the European Parliament and of the Council. As concerns firearms, transfer authorisations under this Agreement shall be granted by the competent authority of the Kingdom of Spain in accordance with the provisions of Regulation (EU) No 258/2012 and Regulation (EU) 2025/41.
When deciding whether or not to grant an authorisation or to prohibit a transit under this Agreement, the Kingdom of Spain shall take into account all relevant considerations, including:
the Kingdom of Spain's international obligations and commitments, in particular the obligations and commitments it has accepted as member of the relevant international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties;
its obligations under sanctions imposed by legal acts of the Union or by a decision of the OSCE or by a binding resolution of the Security Council of the United Nations;
considerations of national foreign and security policy, including those covered by Common Position 2008/944/CFSP as amended by Council Decision (CFSP) 2025/779; and
considerations about intended end-use and the risk of diversion.
The competent authority of the Kingdom of Spain, acting in accordance with this Chapter, may refuse to grant a transfer authorisation and may annul, suspend, modify or revoke a transfer authorisation which it has already granted, in accordance with Regulation (EU) No 258/2012 and Regulation (EU) 2025/41.
Special procedure
The transfer of the items referred to in Articles 260, 261 and 262, with the exception of goods transferred for commercial purposes and sanitary and phytosanitary goods shall be regulated exclusively by the special procedure of this Article, provided that such items:
arrive at or depart from Gibraltar airport or port aboard State aircraft or State vessels or in State consignments as defined in the administrative arrangements referred to in Article 260(7); and
are destined in Gibraltar exclusively for the official use of the Ministry of Defence of the United Kingdom or of visiting third country forces.
Goods covered by this Article shall not be considered to be in free circulation in Gibraltar but in a form of temporary admission under the control of the relevant authorities. These goods may not be released for free circulation in the customs territory of the Union. In the event of these goods being placed on the market in Gibraltar, Title II shall apply. Union law shall apply to the transfer of these goods from Gibraltar to the customs territory of the Union.
Where the conditions under paragraph 1 are met, as soon as reasonably practicable and in any event before the transfer of the items, the United Kingdom shall provide the Liaison Officer of the Kingdom of Spain with a list of the items and a certificate signed by the United Kingdom Liaison Officer guaranteeing that such items:
will be securely transported and stored in designated facilities; and
will be subject to a strict accounting and tracking system.
Chapter 6. IMPLEMENTATION, APPLICATION, SUPERVISION AND ENFORCEMENT
Article ARTICLE 265
Implementation, application, supervision and enforcement
The competent authorities within the Union shall verify compliance with this Title and carry out any necessary tasks, having, inter alia, access to the relevant infrastructures, documentation and records and any other relevant information.
The competent authorities of the United Kingdom, in respect of Gibraltar, shall cooperate in that regard and shall be informed in advance of the reasons for any visit, so that it can be carried out jointly with the competent authorities within the Union.
The practical modalities for the implementation of this Article are laid down in Annex 22.
Union law which applies to the United Kingdom, in respect of Gibraltar, and in Gibraltar in accordance with Article 247(1)
Regarding the provisions of Union law which apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, by virtue of Article 247(1), the following shall apply, without prejudice to Article 19:
any reference to the territory defined in Article 4 of Regulation (EU) No 952/2013 in the applicable provisions of this Agreement, as well as in the provisions of Union law made applicable to the United Kingdom, in respect of Gibraltar, and in Gibraltar, by this Agreement, shall be read as including Gibraltar. In particular, with regard to the Union's indirect tax Directives the Union shall take the measures necessary to ensure that transactions or movements between Gibraltar and Member States or between Member States and Gibraltar are not treated as transactions or movements between third countries or territories and the Union;
unless the Union considers that full or partial access by the United Kingdom, in respect of Gibraltar, is strictly necessary to enable the United Kingdom, in respect of Gibraltar, to comply with its obligations under this Agreement, in respect of access to any network, information system or database established on the basis of Union law, references to
Member States and competent authorities of Member States in provisions of Union law made applicable by this Agreement shall not be read as including the United Kingdom, in respect of Gibraltar; and
authorities of the United Kingdom or of the United Kingdom, in respect of Gibraltar, shall not act as leading authority for risk assessments, examinations, approvals and authorisation procedures provided for in Union law made applicable by this Agreement.
Goods, cash and pets brought by persons
Until the entry into force of the decision referred to in Article 247(2), the entry into Gibraltar of goods carried by travellers in their personal luggage, as well as their pets, and the entry and exit of cash shall be subject to the provisions set out in Annexes 22 and 23.
References to certain Union acts
For the purpose of this Title, references to Union acts in Articles 241, 256, 261, 262, 263 and 266 as well as in paragraph 1(a) of Article 3 of Annex 19 and paragraph 5 of Article 1 of Annex 21 shall be understood to include those Union acts as amended or replaced in future as well as any Union act implementing or supplementing those Union acts.
Article ARTICLE 269
Goods placed on the market in Gibraltar
Title II shall not apply to goods the movement of which started before the entry into force of this Agreement and ended thereafter.
The provisions of this Agreement relating to indirect tax shall not apply to goods which are covered by a certificate of exemption from import duty issued by the United Kingdom, in respect of Gibraltar, under Regulation 8, Part 3 of the Gibraltar Integrated Tariff Regulations 2017 before the entry into force of this Agreement, to the extent set out in paragraph 4, provided that the United Kingdom, in respect of Gibraltar, has provided to the competent authorities within the Union copies of all such extant certificates together with relevant information on the respective quantity of goods imported over the last three years where applicable. The quantities of goods to be imported shall be commensurate to the relevant projects covered by the certificate.
Where an economic operator relies on paragraph 1 or 2 with respect to a specific good or goods, that operator shall bear the burden of demonstrating, on the basis of any relevant document, that the movement started before the entry into force of this Agreement or that the certificate was issued before the entry into force of this Agreement.
Paragraph 1 shall cease to apply 2 months after the entry into force of this Agreement. Paragraph 2 shall apply for a period of no longer than the duration of the relevant certificate or a period of 3 months after the entry into force of this Agreement, whichever is shorter.
Any good that was lawfully placed on the market in Gibraltar before the date of entry into force of this Agreement shall, for a period of 3 months after the entry into force of this Agreement, not be subject to the requirements of Article 256.
Where an economic operator relies on paragraph 5 with respect to a specific good, that operator shall bear the burden of demonstrating, on the basis of any relevant document, that the good was placed on the market in Gibraltar before the entry into force of this Agreement, together with providing details of the quantities of goods concerned.
Ending of temporary storage or special customs procedures
This Title shall not apply to goods that were in temporary storage in Gibraltar or any special customs procedure commenced under the legislation of the United Kingdom, in respect of Gibraltar, prior to the date of entry into force of this Agreement, provided that, as applicable:
the goods are discharged from the special procedure within a period of two months after the entry into force of this Agreement; or
the temporary storage ends prior to the legal time limit for temporary storage set out in that legislation.
This Title shall apply to the release for free circulation, discharge of the special procedure and any re-export from Gibraltar of goods referred to in paragraph 1.
Title III. TRANSPORT
Chapter 1. AVIATION
Article ARTICLE 271
Definitions
For the purposes of this Chapter, the following definitions apply:
"air carrier" means an air transport undertaking holding a valid operating license or equivalent;
"air transport" means the carriage by aircraft of passengers, baggage, cargo, and mail, separately or in combination, held out to the public for remuneration or hire, including both scheduled and non-scheduled air services;
"competent authority" means a government agency or entity responsible for the relevant regulatory and administrative functions under this Agreement; and
"Gibraltar airport" means the airport located in the isthmus of Gibraltar1 in respect of the services which are the subject of the Joint Venture referred to in Article AIR.4.
Distribution of traffic rights
For the conduct of air transport, the air carriers of each Party shall have on a non-discriminatory basis:
the right to fly across the territory of Gibraltar without landing; and
the right to make stops for non-traffic purposes at Gibraltar airport.
1 The present Agreement, any supplementing agreements mentioned in Article COMPROV.2, any administrative arrangements or 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 Kingdom of Spain or of the United Kingdom of Great Britain and Northern Ireland with regard to sovereignty and jurisdiction over the territory on which the airport is located and shall not constitute the basis for any assertion or denial of sovereignty including in legal proceedings or otherwise.
Air transport services between Gibraltar airport and points in the Union territory may be provided only by air carriers of the Union or by air carriers authorised by the Union. These services shall be provided in accordance with Union law.
Air transport services between Gibraltar airport and points in the United Kingdom may be provided only by air carriers of the United Kingdom or by air carriers authorised by the United Kingdom. These services shall be provided in accordance with the law of the United Kingdom.
The competent authorities of the Parties agree to consult each other on the possible extension to Gibraltar of relevant existing or future agreements or other international legal instruments as necessary as well as on their practical implementation.
Rules applicable to Gibraltar airport
The air traffic management and air navigation services provided to civil air traffic at Gibraltar airport shall offer a level of safety and interoperability with civil operations and systems that is equivalent to the services provided in civil airports where International Civil Aviation Organisation (ICAO) provisions apply.
Safety and security provided to civil air traffic at Gibraltar airport shall be provided, at a minimum, at the level of equivalent services provided in civil airports where ICAO provisions apply.
In the area of airport charges, ground handling, slots, disabled persons and persons with reduced mobility, the provisions contained in the acts listed in the Annex 25 shall apply to Gibraltar airport.
Under the conditions laid down in paragraphs 4 and 5, the provisions contained in any subsequent act:
amending or replacing an act listed in the Annex 25;
supplementing or implementing an act listed in the Annex 25; or
on the subject matter of an act listed in the Annex 25. shall also apply to Gibraltar airport.
Where the Union adopts a subsequent act referred to in paragraph 3, it shall immediately notify the United Kingdom, in respect of Gibraltar, of the adoption of that act. Within thirty days of this notification, 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 the subsequent Union act shall create rights and obligations between the United Kingdom, in respect of Gibraltar, and the Union.
Within thirty days of the Union notification referred to in paragraph 4, paragraph 3 shall apply in relation to the subsequent Union act.
The competent authorities of the Union and the United Kingdom, in respect of Gibraltar, shall, under the auspices of the Specialised Committee on Aviation established pursuant to Article AIR.5:
exchange regular information on safety and security matters; and
conduct joint inspection visits to Gibraltar airport for the purposes of monitoring compliance with the provisions of the Annex and security at Gibraltar airport.
The visits shall be proportionate and take place at the request of either Party that the other Party cannot refuse. Such inspection visits and exchange of information shall happen regarding and during the operation of flights between Gibraltar airport and points in the Union as well as the preparation for such operation. The practical modalities for the implementation of this paragraph will be agreed by the Specialised Committee on Aviation.
The Union and the United Kingdom, in respect of Gibraltar, shall report back on the implementation of this paragraph to the Specialised Committee on Aviation.
Air carriers that are the subject of an operating ban in the Union under Regulation (EC) No. 2111/2005 shall not be permitted to operate to and from Gibraltar airport.
The reference to Regulation (EC) No 2111/2005 shall be understood to include the regulation as amended or replaced in future as well as any Union act implementing or supplementing this regulation.
Air carriers that are subject to the restrictive measures of either of the Parties shall not be permitted to operate to and from Gibraltar airport.
Joint Venture
A joint venture company shall be constituted under the shared responsibility of the Kingdom of Spain and of the United Kingdom, in respect of Gibraltar. The joint venture company shall not be constituted in either State sharing responsibility for the joint venture company and shall be constituted in an EU Member State. The joint venture shall select, through regular public tender, and supervise the commercial company in charge of the day-to-day management of Gibraltar airport.
The public tender may foresee the contract and labour law applicable to the commercial company and its operations.
Private persons or companies who litigate against the joint venture or the commercial company may do so in line with relevant domestic, Union or international instruments, as well as any modalities set out in those instruments, including through the courts of the United Kingdom, in respect of Gibraltar, or of a Member State, as appropriate.
Specialised Committee on Aviation
The Specialised Committee on Aviation shall address matters under this Chapter and shall have the power to:
make recommendations to the Cooperation Council to adopt a decision amending Annex 25;
monitor and review the implementation and ensure the proper functioning of this Chapter;
address discrepancies following joint inspection visits pursuant to Article AIR.3(6);
discuss technical issues arising from the implementation of this Chapter;
make recommendations to the Parties regarding the implementation and application of this Chapter;
consider any matter of interest relating to an area covered by this Chapter; and
monitor, hold dialogues and exchanges in areas of shared interest, with the view of identifying opportunities to cooperate and share best practices and expertise.
Chapter 2. ROAD TRANSPORT
Article ARTICLE 276
Transport of goods and movement of ambulances between the territories of the Parties
The Parties shall allow the transport of goods by road between their territories. However, within the territory of the Union, those transport operations shall be limited to the contiguous frontier zone.
The Union shall allow within its territory the provision of the following ambulance services necessary to protect health, by operators established in Gibraltar and acting under the direction of the Gibraltar Health Authority, subject to the requirement that this provision is applied in a reasonable manner that does not lead to arbitrary or unjustifiable discrimination or to a disguised restriction on trade in services:
emergency ambulance services;
ambulance services required for the specialist handling of serious and acute medical conditions between Gibraltar and those establishments listed in Annex 26, which are contiguous to Gibraltar for public health purposes.
The United Kingdom, in respect of Gibraltar, shall allow within the territory of Gibraltar the provision of the following ambulance services necessary to protect health, by Union operators established in the contiguous frontier zone and acting under the direction of authorities duly authorised under relevant regulations, subject to the requirement that this provision is applied in a reasonable manner that does not lead to arbitrary or unjustifiable discrimination or to a disguised restriction on trade in services:
emergency ambulance services; and
ambulance services required for the specialist handling of serious and acute medical conditions between Gibraltar and those establishments listed in Annex 26, which are contiguous to Gibraltar for public health purposes.
Transport of goods to and from Gibraltar through the territory of the Union
The Union shall allow the transport, with transit through its territory, of goods by road with a commercial purpose between the territory of the United Kingdom and Gibraltar, and unladen journeys that are made in conjunction with that transport.
Requirements for operators
Road haulage operators of a Party undertaking a journey referred to in Articles 276 or 277 shall hold a valid licence issued in accordance with paragraph 2.
Licences shall only be issued, in accordance with the law of the Parties, to road haulage operators who comply with the requirements set out in Part A of Annex 27 governing the admission to, and the pursuit of, the occupation of road haulage operator.
A certified true copy of the licence shall be kept on board the vehicle and shall be presented at the request of any inspecting officer authorised by a Party. The licence and the certified true copy shall correspond to one of the models set out in Appendix X-A-1-3 of Part A to Annex 27, which also lays down the conditions governing the licence's use. The licence shall contain at least two of the security features listed in Appendix X-A-1-4 to Part A of Annex 27.
Exemption from licencing requirement in the contiguous frontier zone
The following types of transport of goods and unladen journeys made in conjunction with such transport may be conducted in the contiguous frontier zone without a valid licence as referred to in Article TRANSP.3:
transport of mail as a universal service;
transport of vehicles which have suffered damage or breakdown;
transport of goods in motor vehicles the permissible laden mass of which, including that of trailers, does not exceed 2,5 tonnes;
transport of medicinal products, appliances, equipment and other articles required for medical care in emergency relief, in particular for natural disasters and humanitarian assistance;
transport of goods in vehicles provided that the following conditions are fulfilled:
the goods carried are the property of the road haulage operator or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the operator;
the purpose of the journey is to carry the goods to or from the road haulage operator's premises or to move them, either inside or outside the operator for its own requirements;
the vehicles used for such transport are driven by personnel employed by, or put at the disposal of, the road haulage operator under a contractual obligation;
the vehicles carrying the goods are owned by the road haulage operator, have been bought by it on deferred terms or have been hired; and
such transport is no more than ancillary to the overall activities of the road haulage operator;
transport of goods by means of motor vehicles with a maximum authorised speed not exceeding 40 km/h.
Requirements for drivers
Drivers of the vehicles of road haulage operators of a Party undertaking a journey referred to in Articles 276 or 277 shall:
hold a Certificate of Professional Competence issued in accordance with Section 1 of Part B of Annex 27; and
comply with the rules on driving and working time, rest periods, breaks and the use of tachographs in accordance with Sections 2 to 4 of Part B of Annex 27.
Requirements for vehicles
A Party shall not reject or prohibit the use in its territory of a vehicle undertaking a journey referred to in Articles TRANSP. 276 or 277 if the vehicle complies with the requirements set out in Section 1 of Part C of Annex 27.
Vehicles of road haulage operators of a Party undertaking a journey referred to in Articles 276 or 277 shall be equipped with a tachograph constructed, installed, used, tested and controlled in accordance with Section 2 of Part C of Annex 27.
Road traffic rules
Drivers of the vehicles of road haulage operators of a Party undertaking a journey referred to in Articles 276 or 277 shall, when in the territory of the other Party, comply with the national laws and regulations in force in that territory concerning road traffic.
Development of laws and Specialised Committee on Economy and Trade
When a Party proposes a new regulatory measure in an area covered by Annex 27, it shall:
notify the other Party of the proposed regulatory measure as soon as possible; and
keep the other Party informed of the progress of the regulatory measure.
At the request of a Party, an exchange of views shall take place within the Specialised Committee on Economy and Trade, no later than two months after the submission of the request, as to whether the proposed new regulatory measure would apply to journeys referred to in Articles 276 or 277.
When a Party adopts a new regulatory measure referred to in paragraph 1, it shall notify the other Party and supply the text of the new regulatory measure within one week of its publication.
The Specialised Committee on Economy and Trade shall meet to discuss any new regulatory measure adopted, on request by a Party, within two months of the submission of the request, whether or not a notification has taken place in accordance with paragraph 1 or 3, or a discussion has taken place in accordance with paragraph 2.
The Specialised Committee on Trade and Economy shall have the power to:
amend Annex 26;
confirm that the amendments made by the new regulatory measure conform to Annex 27;
decide on any other measure aimed at safeguarding the proper functioning of this Chapter; and
adopt any modifications to Annex 27 as may be necessary to reflect changes made to Annex 31 to the Trade and Cooperation Agreement.
Remedial measures
If a Party considers that the other Party has adopted a new regulatory measure that does not comply with the requirements of Annex 27, in particular in cases where the Specialised Committee on Economy and Trade has not reached a decision under Article 283, and the other Party nevertheless applies the provisions of the new regulatory measure to the Party's road haulage operators, drivers or vehicles, the Party may, after notifying the other Party, adopt appropriate remedial measures, including the suspension of obligations under this Agreement or any supplementing agreement, provided that such measures:
do not exceed the level equivalent to the nullification or impairment caused by the new regulatory measure adopted by the other Party that does not comply with the requirements of Annex 27; and
take effect at the earliest 7 days after the Party which intends to take such measures has given the other Party notice under this paragraph.