(c) adopt, by decision, amendments to this Agreement or to any supplementing agreement in the cases provided for in this Agreement or in any supplementing agreement;
(d) except in relation to Title IV of Part One, until the end of the fourth year following the entry into force of this Agreement, adopt decisions amending this Agreement or any supplementing agreement, provided that such amendments are necessary to correct errors, or to address omissions or other deficiencies;
(e) discuss any matter related to the areas covered by this Agreement or by any supplementing agreement;
(f) delegate certain of its powers to a Specialised Committee, except those powers and responsibilities referred to in point (g) of this paragraph;
(g) by decision, establish Specialised Committees and assign tasks to them, dissolve any Specialised Committee, or change the tasks assigned to them.
5. The work of the Cooperation Council shall be governed by the rules of procedure set out in Annex 6. The Cooperation Council may amend that Annex.
Article 23. Specialised Committees
1. The following Specialised Committees are hereby established:
(a) the Specialised Committee on Circulation of Persons;
(b) the Specialised Committee on Economy and Trade;
(c) the Specialised Committee on Aviation.
2. With respect to issues related to their area of competence, Specialised Committees shall have the power to:
(a) monitor and review the implementation and ensure the proper functioning of this Agreement or any supplementing agreement;
(b) assist the Cooperation Council in the performance of its tasks and, in particular, report to the Cooperation Council and carry out any task assigned to them by it;
(c) adopt decisions and recommendations in respect of all matters for which the Cooperation Council has delegated its powers to a Specialised Committee in accordance with point (f) of paragraph 1 of Article 22 or where the Agreement so provides;
(d) discuss technical issues arising from the implementation of this Agreement or any supplementing agreement;
(e) provide a forum for the Parties to exchange information, discuss best practices and share implementation experience.
3. The Specialised Committees shall be informed as necessary of the implementation of the administrative arrangements concluded by the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain on matters relating to the implementation of this Agreement.
4. Specialised Committees shall comprise representatives of each Party. Each Party shall ensure that its representatives on the Specialised Committees have the appropriate expertise with respect to the issues under discussion.
5. The Specialised Committees shall be co-chaired by a representative of the Union and a representative of the United Kingdom, in respect of Gibraltar.
6. Unless otherwise provided for in this Agreement, or unless the co-chairs decide otherwise, they shall meet at least once a year.
7. Specialised Committees shall set their meeting schedule and agenda by mutual consent.
8. The work of the Specialised Committees shall be governed by the rules of procedure set out in Annex 6.
9. By way of derogation from paragraph 8, a Specialised Committee may adopt and subsequently amend its own rules that shall govern its work.
Article 24. Decisions and Recommendations
1. The decisions adopted by the Cooperation Council, or, as the case may be, by a Specialised Committee, shall be binding on the Parties and on all the bodies set up under this Agreement and under any supplementing agreement, including the arbitration tribunal referred to in Title I of Part Six. Recommendations shall have no binding force.
2. The Cooperation Council or, as the case may be, a Specialised Committee, shall adopt decisions and make recommendations by mutual consent.
Part TWO. CIRCULATION OF PERSONS
Title I. GENERAL PRINCIPLES AND OBJECTIVES
Article 25. Protection of Human Rights and Fundamental Freedoms
1. The cooperation provided for in this Part is based on the Parties' and Member States' long-standing respect for democracy, the rule of law and the protection of fundamental rights and freedoms of individuals, including as set out in the Universal Declaration of Human Rights and in the European Convention on Human Rights, and on the importance of giving effect to the rights and freedoms in that Convention domestically.
2. Nothing in this Part modifies the obligation to respect fundamental rights and legal principles as reflected, in particular, in the European Convention on Human Rights and, in the case of the Union and its Member States, in the Charter of Fundamental Rights of the European Union.
Article 26. Definitions
For the purposes of this Part, the following definitions apply:
(a) "Border checks" means the checks carried out at border crossing points, to ensure that persons, including their means of transport and the objects in their possession, may be authorised to enter the territory of the Member States and Gibraltar or authorised to leave it;
(b) "Border control" means the activity carried out at a border, in accordance with and for the purposes of this Agreement, in response exclusively to an intention to cross or the act of crossing that border, regardless of any other consideration, consisting of border checks and border surveillance;
(c) "Border surveillance" means the surveillance of borders between border crossing points and the surveillance of border crossing points outside the fixed opening hours, in order to prevent or detect unauthorised border crossings or the circumvention of border checks, to contribute to raising situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border illegally;
(d) "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;
(e) "Coercive action" means measures to be taken in respect of a person or object when performing functions related to border control, including as a follow up to alerts in databases and information systems used in the context of border control including, but not limited to, temporary limitation of movement, detention, arrest, placement under protection, inquiries, search and seizure of objects, and any other form of action in response to alerts with the purpose of investigating or gathering evidence that a crime has been committed or planned as well as refusals of entry;
(f) "Family members forming part of the household" means the spouse or partner of a member of the non-resident United Kingdom Forces or civilian component or the child of such member depending on them for support and who are not persons resident in the European Union nor in Gibraltar;
(g) "International protection" means refugee status according to the Convention relating to the Status of Refugees done at Geneva on 28 July 1951, as amended by the New York Protocol of 31 January 1967 and subsidiary protection status whereby a third-country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to their country of origin, or in the case of a stateless person, to their country of former habitual residence, would face a real risk of suffering serious harm and is unable, or, owing to such risk, unwilling to avail themselves of the protection of that country;
(h) "Member States applying the Schengen acquis in full" means the Member States which have abolished checks on persons at their common borders;
(i) "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;
(j) "Persons resident in Gibraltar" means persons having the legal right to reside in Gibraltar irrespective of their nationality, with the exception of Union citizens and nationals of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Swiss Confederation as well as nationals of the Principality of Andorra and the Republic of San Marino following the entry into force of agreements conferring such nationals with free movement rights;
(k) "Second Line Check" means a further check which may be carried out in a special location away from the location at which all persons are checked (first line);
(l) "Second Line Checks Area" means a special location, as delimited in accordance with arrangements made by the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain pursuant to Article 33, where activities including second line checks and operational cooperation between the competent authorities take place;
(m) "Third country national" means any person who is not:
(i) a Union citizen within the meaning of Article 20(1) of the Treaty on Functioning of the European Union or a family member of a Union citizen, irrespective of their nationality, as referred to in Articles 2 and 3 of Directive 2004/38/EC of the European Parliament and of the Council (1);
(ii) a national of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Swiss Confederation, the Principality of Andorra or the Republic of San Marino and their family members, irrespective of their nationality, who, under agreements between the Union and those respective countries, enjoy rights of free movement equivalent to those referred to in subparagraph (a);
(n) "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.
Article 27. References to Certain Union Acts
For the purpose of this Part, references to Union acts in Article 26, 29 and the Annex referred to therein, 32, 33, 35, 36, 37, 42, 43, 46, 47, 48, 50, 51, 52, 53, 55, 61, 64, 74, 76, 86, 90, 96, 104 and 151 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 28. Removal of Physical Barriers
All physical barriers related to the circulation of persons between the Union and Gibraltar shall be removed.
Article 29. Border Crossing Points
1. For the purposes of this Agreement, the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set up border crossing points at Gibraltar port and airport, at which border checks as referred to in paragraph 2 shall be carried out.
2. All passengers entering Gibraltar from Gibraltar port or airport shall be subject to border checks at the border crossing points established pursuant to paragraph 1.
3. By way of derogation from paragraph 1, border checks may be carried out at the airport border crossing point, if the volume of traffic flows through the port allows for an efficient, high and uniform level of control at the airport border crossing point. In this case, the United Kingdom in respect of Gibraltar, and the Kingdom of Spain shall ensure that passengers and crew members arriving at the port are escorted from the port to the airport border crossing point, for the purposes of undergoing the checks referred to in Articles 33(1) and (2). The modalities for the application of this derogation shall be set out in an administrative arrangement between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain.
4. The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall allow the use of automated border control systems at these border crossing points for their respective checks of persons resident in Gibraltar and Union citizens and their third country family members and beneficiaries of free movement rights under agreements concluded by the Union, in accordance with domestic and Union law.
5. Border checks on entry shall be carried out by the competent authorities of the United Kingdom, in respect of Gibraltar, and subsequently by the competent authorities of the Kingdom of Spain. Border checks on exit shall be carried out by the competent authorities of the Kingdom of Spain and subsequently by the competent authorities of the United Kingdom, in respect of Gibraltar.
6. Any second line checks must be carried out at the Second Line Checks Area.
7. Without prejudice to Articles 32(3) and 43, entry conditions required by the competent authorities of the United Kingdom, in respect of Gibraltar, and the competent authorities of the Kingdom of Spain shall be cumulative. The United Kingdom, in respect of Gibraltar, undertakes to align entry conditions under the law of the United Kingdom, in respect of Gibraltar, to those applicable under Union law.
8. The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall ensure that entry into Gibraltar from outside the Schengen area without controls at internal borders may only take place via the border crossing points referred to in paragraph 1.
9. Notwithstanding paragraphs 2, 5, and 8, the competent authorities of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain may allow the entry into Gibraltar other than via the border crossing points, in the cases provided for by Article 5(2) (a), (b), (c) of Regulation (EU) 2016/399 of the European Parliament and of the Council (1) (the Schengen Borders Code) or Article 38 of this Agreement.
10. The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall ensure that the necessary infrastructure is in place and maintained to allow the border crossing points referred to in paragraph 1 to be operated in a manner appropriate to the volume of traffic flows to ensure an efficient, high and uniform level of control in accordance with the Schengen Borders Code. That infrastructure shall comply with the requirements referred to in Annex 7 of this Agreement and shall be set out in the administrative arrangement between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain referred to in Article 33(5).
11. As regards Annex VI of the Schengen Borders Code, Points 2.3.1, 3.1.2, 3.1.4, 3.1.5, 3.2.1, 3.2.5 and 3.2.6 of that Annex shall apply in respect of border checks performed by the competent authorities of the Kingdom of Spain at the border crossing points established in Article 29(1). Any information to be provided under those points is to be provided simultaneously and without delay to both the competent authorities of the United Kingdom, in respect of Gibraltar, and the competent authorities of the Kingdom of Spain.
Article 30. Circulation of Persons between Gibraltar and the Member States
1. The Parties shall ensure that persons may circulate between Gibraltar and the Member States applying the Schengen acquis in full without border checks being carried out, without prejudice to the provisions on sea borders in Annex VI of the Schengen Borders Code, irrespective of their nationality.
2. Notwithstanding the first paragraph, where there is a serious threat to the public policy, public health or internal security, the Member States applying the Schengen acquis in full or the United Kingdom, in respect of Gibraltar, as the case may be, may exceptionally reinstate border control between Gibraltar and the territory of the Member States applying the Schengen acquis in full for a limited period of up to 10 days. That period may be prolonged by a period of 20 days and by subsequent periods of one month until a maximum of six months. Border control between Gibraltar and the territory of the Member States applying the Schengen acquis in full shall only be reinstated as a last resort, and the scope and duration of the reinstatement shall not exceed what is strictly necessary to respond to the serious threat.
3. Where any of the Member States applying the Schengen acquis in full or the United Kingdom, in respect of Gibraltar, decide to reinstate or prolong border control between Gibraltar and the territory of that Member State in accordance with paragraph 2, the Union, where the border control is reinstated by a Member State, or the United Kingdom, in respect of Gibraltar, where the border control is reinstated by the latter, shall inform the other Party thereof:
(a) at the latest four weeks before a planned reinstatement or prolongation or as soon as possible where the circumstances giving rise to the need to reinstate or prolong border controls become known less than four weeks before a planned reinstatement or prolongation;
(b) immediately and not later than 48 hours after a decision to reinstate or prolong border control in response to a serious threat requiring immediate action to be taken.
4. When informing the other Party of a decision to reinstate or prolong border control between Gibraltar and the territory of a Member State applying the Schengen acquis in full in accordance with paragraph 3, the Union, where the border control is reinstated by a Member State, or the United Kingdom, in respect of Gibraltar, where the border control is reinstated by the latter, shall provide the other Party with the following information:
(a) whether the reinstatement or prolongation takes place on the ground of a serious threat to its public policy, public health or internal security;
(b) relevant details of the ground or grounds unless there are overriding security or confidentiality reasons for not doing so;
(c) the names of the authorised crossing-points;
(d) the starting date and duration of the reinstatement or prolongation; and
(e) where appropriate, the measures that could be taken by the other Party.
5. The Parties shall ensure that the public are informed in a coordinated manner of a decision to reinstate or prolong border control between Gibraltar and the territory of the Member States applying the Schengen acquis in full, in particular the start and end dates and scope of the reinstatement, unless there are overriding security reasons for not doing so.
Article 31. Union Databases
Under this Agreement, the competent authorities of the United Kingdom, in respect of Gibraltar, shall have no access to information systems and databases established on the basis of Union law.
Title II. BORDER CROSSING
Article 32. Border Control by the Competent Authorities of the United Kingdom, In Respect of Gibraltar
1. For the purposes of this Agreement, the competent authorities of the United Kingdom, in respect of Gibraltar, shall exercise border control, comprising border checks and border surveillance, in accordance with Gibraltar Immigration, Asylum and Refugee Act, as amended or replaced.
2. Where, following border checks carried out by the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain as referred to in Article 29(2), the competent authorities of the United Kingdom, in respect of Gibraltar, intend to refuse entry to a person and there is no requirement for other coercive action to be taken in accordance with Article 34(3), they shall immediately inform the competent authorities of the Kingdom of Spain at the border crossing point and escort the person to the Second Line Checks Area, where the competent authorities of Kingdom of Spain shall review whether the entry conditions under Union law are complied with, in accordance with Article CIRCPERS.33 and without prejudice to the possibility for the Kingdom of Spain to authorise entry in application of Article 6(5) of the Schengen Borders Code.
3. Where, on the basis of the review referred to in paragraph 2, it becomes apparent to the competent authorities of the Kingdom of Spain that the person concerned is a person having the right of free movement under Union law, including a beneficiary of free movement rights under agreements concluded by the Union, or a third country national holding a long-stay visa or a residence permit issued by a Member State applying the Schengen acquis in full, and who fulfils entry and stay conditions under Union law, the competent authorities of the Kingdom of Spain shall allow the person to enter the Member States applying the Schengen acquis in full, without prejudice to the possibility to take measures under Article 33(4)(c)(ii). The competent authorities of the United Kingdom, in respect of Gibraltar, shall allow such a person to enter the Kingdom of Spain or a Member State applying the Schengen acquis in full.
Article 33. Border Control by the Competent Authorities of the Kingdom of Spain
1. For the purpose of this Agreement the competent authorities of the Kingdom of Spain shall perform any functions which are required to exercise border control, comprising border checks and border surveillance, as set out in the Schengen Borders Code and related tasks under Union law.
2. Border checks are to be carried out at the border crossing points, established in Article 29(1), to ensure that persons, including their means of transport and the objects in their possession, may be authorised to enter the territory of the Kingdom of Spain or authorised to leave it.
3. Border surveillance is to be carried out between border crossing points in Gibraltar including the surveillance of border crossing points outside the fixed opening hours, in order to prevent persons from circumventing border checks and prevent or detect unauthorised border crossings.
4. Functions as referred to in paragraph 1 shall include:
(a) Border check functions inter alia, comprising the right to:
(i) perform border checks on persons, including second line checks, in accordance with the Schengen Borders Code;
(ii) refuse entry to third country nationals who do not fulfil the entry conditions laid down in Article 6(1) of the Schengen Borders Code, other than persons resident in Gibraltar, and persons belonging to the categories set out in Article 6(5) of the Schengen Borders Code. Where the third country national who has been refused entry was brought to the border by a carrier and pending onward transportation in accordance with the obligations of carriers referred to in Article 36, take appropriate measures to prevent the third country national who have been refused entry from entering illegally;
(b) Border surveillance functions inter alia, comprising the right to:
(i) prevent unauthorised border crossings, and take measures against persons who have crossed the border illegally, including apprehending such persons and ensuring their return in accordance with the provisions respecting Directive 2008/115/EC of the European Parliament and of the Council (1);
(ii) perform border surveillance in such a way as to prevent and discourage persons from circumventing the checks at border crossing points, by means of stationary or mobile units;
(c) Functions carried out both for border checks and border surveillance inter alia, comprising the right to:
(i) use IT systems and information systems processing personal data in accordance with national, Union and international law, take all necessary follow-up actions or actions to be taken in accordance with national, Union and international law and establish the technical and organisational security measures required by national, Union and international law to protect personal data against accidental or unlawful destruction or accidental loss, alteration and unauthorised disclosure or access, including access by third-country authorities;
(ii) arrest, search, detain, interview, place under protection a person, or seize or search property, where it is justified in the course of border control carried out by the competent authorities of the Kingdom of Spain and in accordance with Spanish, Union and international law;
(iii) accept applications for international protection presented by any third-country national or stateless person presenting to the competent authorities of the Kingdom of Spain.
5. The competent authorities of the United Kingdom, in respect of Gibraltar, shall, where necessary, assist the competent authorities of the Kingdom of Spain in the exercise of their functions referred to in this Article and facilitate the exercise of these functions.
6. Administrative arrangements between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set out the practical arrangements concerning the performance of the duties of the competent authorities of the Kingdom of Spain, operational cooperation aspects relating to border control and the layout for how border checks will be conducted at the border crossing points.
Article 34. Follow Up Actions to Border Checks – Alerts In Information Systems
1. In the performance of tasks in accordance with Articles 32 and 33, the competent authorities of the United Kingdom, in respect of Gibraltar, and the competent authorities of the Kingdom of Spain shall, respectively, follow up on alerts in their respective databases and information systems, in accordance with the applicable domestic and Union law.
2. Where alerts in the respective databases and information systems require coercive action to be taken, the person concerned shall be escorted to the Second Line Checks Area, with the exception of the situation under the second subparagraph.
Where the discreet collection of information is required on the basis of an alert in a database or information system operated by the competent authorities of the United Kingdom, in respect of Gibraltar, and by the competent authorities of the Kingdom of Spain, the escorting of the person to the Second Line Checks Area would jeopardise the discreet nature of any measures to be taken, the authority which identified the alert shall be authorised to collect as much information as is possible during routine border checks.
3. Where coercive action is required on the basis of alerts existing only in the databases and information systems operated by the United Kingdom, in respect of Gibraltar, the competent authorities of the United Kingdom, in respect of Gibraltar, shall take the appropriate follow up actions under the applicable domestic law of the United Kingdom, in respect of Gibraltar.
4. Where coercive action is required on the basis of alerts existing only in the databases and information systems operated by the Kingdom of Spain, the competent authorities of the Kingdom of Spain shall take the appropriate follow up actions under national and Union law.
5. Where coercive action for arrest or detention of a person is required on the basis of paragraphs 3 and 4, the following procedure shall apply, as appropriate:
(a) In the course of entry border checks, the person shall not object to the arrest or detention; or alternatively the person shall be given the choice to be refused entry;
(b) In the course of exit border checks, the person shall not object to the arrest or detention; or alternatively, the person shall be given the choice to be required to exit.
6. Where coercive action is required both on the basis of alerts existing in the databases and information systems operated by the competent authorities of the United Kingdom, in respect of Gibraltar, and those of the Kingdom of Spain, the competent authorities of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain shall agree on the authority which will carry out the action in question or carry it out first, and, where appropriate, on any follow-up, with the exception of situations under paragraphs 7 and 9.
7. Where coercive action for arrest and detention of persons or seizure of objects is required both on the basis of alerts existing in the databases and information systems operated by the competent authorities of the United Kingdom, in respect of Gibraltar, and the competent authorities of the Kingdom of Spain, and such coercive action can only be carried out by one of these authorities, the action shall be taken by the competent authorities of Spain, in accordance with the applicable national and Union law. However, in exceptional cases, a stay of arrest and detention where there are individual human rights concerns or where there are conflicting international obligations concerning extradition, may be requested by the relevant competent authority. In such case, the issues must be resolved by the relevant authorities before any removal takes place.
8. The competent authorities of either the United Kingdom, in respect of Gibraltar, or the Kingdom of Spain, shall notify the other competent authorities of the termination of coercive action carried out pursuant to paragraphs 6 and 7 with a view to enabling the other competent authorities, where appropriate, and with the exception of situations under paragraph 9, follow-up action to be carried out on the basis of alerts existing in the databases and information systems operated by the competent authorities.
9. Where coercive action for arrest or detention is required by the competent authorities of the Kingdom of Spain, and the person concerned is a person resident in Gibraltar, the action may only be carried out by the competent authorities of the United Kingdom, in respect of Gibraltar. The competent authorities of the United Kingdom, in respect of Gibraltar shall, upon request by the competent authorities of the Kingdom of Spain and following receipt of such information as is necessary to enable lawful execution of the coercive action, carry out the requested action with a view to enabling the Kingdom of Spain to take follow-up action to be carried out on the basis of alerts existing in databases and information systems operated by its competent authorities. The competent authorities of the United Kingdom, in respect of Gibraltar, shall notify the competent authorities of the Kingdom of Spain of the coercive action carried out with a view to a fast extradition pursuant to the first paragraph.
10. In all cases of arrest under this Article, the person shall be provided with appropriate procedural safeguards prior to any decision or choice.
11. This Article is without prejudice to the obligations of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain under the Statute of the International Criminal Court.
Article 35. Follow Up Actions to Border Control – Refusals of Entry
1. The competent authorities of the United Kingdom, in respect of Gibraltar, shall enforce a refusal of entry in respect of third country nationals who do not fulfil entry conditions under the law of the United Kingdom, in respect of Gibraltar, only, in accordance with Article 32.
2. The competent authorities of the Kingdom of Spain shall enforce a refusal of entry in respect of third country nationals who do not fulfil entry conditions under Union law, only, in accordance with Article 33(4)(a)(ii), and who have not been authorised to enter in application of Article 6(5) of the Schengen Borders Code.
3. The competent authorities of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain, shall jointly enforce a refusal of entry in respect of third country nationals who do not fulfil entry conditions under both the law of the United Kingdom, in respect of Gibraltar, and Union law, in accordance with Articles CIRCPERS.32 and CIRCPERS.33(4)(a)(ii).
4. Refusals of entry in accordance with this Article shall be enforced after any action which may have been taken as a follow up to an alert existing in the databases and information systems of the competent authorities of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain in accordance with Article 34.
Article 36. Carriers' Liability
Article 26 of the Convention Implementing the Schengen Agreement and Council Directive 2001/51/EC of 28 June 2001 (1) shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar, for the transport to Gibraltar by sea or air from a third country of persons other than Union citizens, nationals of Iceland, the Kingdom of Norway, the Swiss Confederation, the Principality of Liechtenstein, and nationals of the Principality of Andorra and the Republic of San Marino following the entry into force of agreements conferring such nationals with free movement rights, third country nationals who do not possess the necessary travel documents for entry into the Member States except Ireland.
Article 19 Shall Apply.
Article 37. Advance Passenger Information
The United Kingdom, in respect of Gibraltar, shall ensure that carriers transfer Advance Passenger Information (API) concerning flights originating outside the Schengen area and arriving in the airport to the authorities of the Kingdom of Spain. The API data as well as its transfer shall comply with the requirements of Council Directive 2004/82/EC (1).
Article 19 Shall Apply.
Article 38. Entry and Exit of Non-resident United Kingdom Forces, Their Civilian Component, Their Family Members Forming Part of the Household and Visiting Third-country Forces
1. On the conditions specified in paragraph 2 and subject to compliance with the formalities established in this Agreement relating to entry and exit of members of non-resident United Kingdom Forces or of visiting third-country forces, such persons shall be exempt from passport and visa regulations and the Schengen border checks in accordance with Article 33 at the Schengen border crossing points referred to in Article 29(1), but they shall not be considered as acquiring any right to permanent residence or domicile in the Schengen area.
2. Only the following documents shall be required for the registration of members of non-resident United Kingdom Forces or of visiting third country forces, to be presented at the Schengen border crossing points:
(a) personal identity card issued by the Ministry of Defence of the United Kingdom or the Ministry of Defence of the visiting third-country force showing names, date of birth, rank and number (if any), service, and photograph;
(b) individual or collective movement order, in the Spanish and English languages, issued by the Ministry of Defence of the United Kingdom and certifying the status of the individual or group as a member or members of a non-resident United Kingdom Force or of a visiting third-country force and to the movement ordered;
Any data collected for the purposes of this paragraph shall be used exclusively for border security at the border crossing points established under Article CIRCPERS.29.
3. In respect of the entry and exit of non-resident United Kingdom Forces, of those residence permit holders who are entitled to the provision in Article 50(13) and 51(12), of visiting third-country forces and of the civilian component arriving and exiting aboard State aircraft or State vessels, the United Kingdom shall make information available to the Kingdom of Spain necessary for the identification of such persons. The identification of these persons upon arrival or departure shall take place by the Liaison Officers designated in accordance with an administrative arrangement between the Kingdom of Spain and the United Kingdom. Family members forming part of the household shall be directed to the border crossing points.
4. On the conditions specified in paragraph 5 and subject to compliance with the formalities established in this Agreement relating to entry and exit of the members of the civilian component of non-resident United Kingdom Forces and family members forming part of the household, such persons shall be exempt from passport and visa regulations and immigration inspection at Schengen border checks in accordance with Article 33 at the Schengen border crossing points referred to in Article 29(1), but they shall not be considered as acquiring any right to permanent residence or domicile in the Schengen area.
5. Only the following documents shall be required for the registration of members of the civilian component of non-resident United Kingdom Forces and family members forming part of the household who are nationals of the United Kingdom or who have the right to reside in the United Kingdom or the Common Travel Area. They must be presented at the Schengen border crossing points referred to in Article 29(1):
(a) valid United Kingdom passport or United Kingdom travel document or residence permit of the United Kingdom;
(b) individual or collective movement order, in the Spanish and English languages, issued by the Ministry of Defence of the United Kingdom and certifying the status of the individual or group as a member or members of the civilian component of non-resident United Kingdom Forces or family members forming part of the household, and to the movement ordered;
Any data collected for the purposes of this paragraph shall be used exclusively for border security at the border crossing points referred to in Article 29(1).
6. Members of the civilian component or family members forming part of the household who are not citizens of the United Kingdom or who do not have the right to reside in the United Kingdom or the Common Travel Area shall be subject to Schengen border checks as foreseen in Article 33. These persons shall not undergo additional Schengen border checks to exit or enter a Member State applying the Schengen acquis according to paragraph 7 provided that their entry or exit has been authorized according to this paragraph.
7. Those members of non-resident United Kingdom Forces, of visiting third-country forces, of the civilian component and family members forming part of their household, that wish to exit or enter a Member State applying the Schengen acquis in full shall be subject to the Schengen border checks in accordance with Article 33 at the Schengen border crossing points referred to in Article 29(1). The United Kingdom and the Kingdom of Spain shall inform these persons of the obligation to undergo such checks and of the possibility that they may be subject to disciplinary action if they fail to do so, without prejudice to the application of Union acts governing the return of illegally staying third-country nationals. Regularly constituted units or formations shall not be allowed to enter or exit the Schengen area through the border crossing points referred to in Article 29(1).