Article 39. Scope
For the purpose of this Chapter, references to the Member States shall be understood as references to all Member States except Ireland.
Article 40. Relation with EU Law
This Agreement shall be without prejudice to any rights or obligations that persons resident in Gibraltar may have under Union law.
Article 41. Visa Free Travel
1. Citizens of the Union, their third-country family members who hold a residence card under Directive 2004/38/EC of the European Parliament and of the Council, and third country nationals legally residing in the Member States applying the Schengen acquis in full may enter and stay in Gibraltar without a visa for a maximum period of 90 days in any 180-day period.
Persons resident in Gibraltar may enter and stay, without a visa for a maximum period of 90 days in any 180-day period, in the territory of Member States applying the Schengen acquis in full.
For entry and stay without a visa for a maximum period of 90 days in any 180-day period in the territory of Member States other than those applying the Schengen acquis in full, the authorised period of stay shall be calculated separately for each of these Member States.
2. Notwithstanding the second subparagraph of paragraph 1, each Member State may decide to impose a visa requirement on persons resident in Gibraltar travelling for the purpose of carrying out a paid activity.
Notwithstanding the first subparagraph of paragraph 1, for persons referred to in that subparagraph, the United Kingdom, in respect of Gibraltar, may decide to impose a visa requirement on such persons travelling for the purposes of carrying out a paid activity.
Article 42. Facilitations at the External Borders
1. When crossing the external borders of a Member State, including the border crossing points referred to in Article 29(1), no entry or exit stamp shall be affixed to the travel documents of persons resident in Gibraltar.
Persons resident in Gibraltar shall be exempt from the requirements of the Entry Exit System.
2. When crossing the external borders of a Member State, including the border crossing points referred to in Article 29(1), persons resident in Gibraltar shall be exempt from the requirement to be in possession of a valid travel authorisation pursuant to Regulation (EU) 2018/1240 of the European Parliament and of the Council (1).
Article 43. Entry Into Gibraltar
1. Persons resident in Gibraltar shall not be subject to verifications with regard to fulfilment of the conditions laid down in point (c) of Article 6(1) of the Schengen Borders Code at the border crossing points established under Article CIRCPERS.29(1), for the purposes of entering Gibraltar.
2. Persons resident in Gibraltar who do not fulfil the other entry conditions laid down in Article 6(1) of the Schengen Borders Code, shall in any event not be prevented from crossing the border crossing points established under Article 29(1) for the purposes of entering Gibraltar.
Article 44. Entry to the Member States for Transit Purposes
Persons resident in Gibraltar who do not fulfil all the entry conditions laid down in Article 6(1) of the Schengen Borders Code shall be authorised to enter the territory of the Member States for transit purposes so that they may reach Gibraltar, unless their names are on the national list of alerts of the Member State whose external borders they are seeking to cross and the alert is accompanied by instructions to refuse entry or transit.
Article 45. Right of Residence In Gibraltar
1. A legal right to reside in Gibraltar shall be proven on the basis of a person holding a valid identity card or residence permit issued in Gibraltar by the competent authorities of the United Kingdom, in respect of Gibraltar, and subject to the conditions set out in this Article.
2. The United Kingdom, in respect of Gibraltar, shall ensure that identity cards and residence permits issued in Gibraltar are issued only to persons who meet the conditions for entitlement to such identity card or residence permit set out in the legislation in force on the date of entry into force of this Agreement.
3. The United Kingdom, in respect of Gibraltar, shall ensure that the conditions for entitlement to an identity card issued in Gibraltar in the legislation referred to in paragraph 2 are consistent with international law.
4. The United Kingdom, in respect of Gibraltar, shall inform the Cooperation Council whenever changes are proposed to be made to the conditions in the legislation referred to in paragraph 2 after the date of entry into force of this Agreement. The Cooperation Council shall, within one month of being so informed, provide its opinion on whether or not such changes are compatible with this Agreement. Such changes shall not, in any event, make it possible for a person to be able to obtain:
(a) an identity card issued in Gibraltar, on the basis of prior residence in Gibraltar, unless they have been resident in Gibraltar for a continuous period of at least ten years immediately prior to the date of application for the card;
(b) a residence permit issued in Gibraltar unless they are able to demonstrate a genuine connection with Gibraltar.
5. The condition in point (b) of paragraph 4 shall be established on the basis of a person being able to demonstrate actual and regular physical presence in Gibraltar over an appropriate period of time or on the basis of other objective and verifiable criteria.
6. The conditions for entitlement to an identity card issued by the competent authorities of the United Kingdom in respect of Gibraltar on a basis other than prior residence as well as the condition for entitlement to a residence permit referred to in point (b) of paragraph 4 shall not be met:
(a) on the basis of predetermined investments having been made in Gibraltar's economy or real estate; or
(b) as a result of any predetermined financial payments having been made to the Gibraltar authorities.
7. Subject only to Article 52, the United Kingdom, in respect of Gibraltar, shall ensure that residence permits issued in Gibraltar are issued or renewed only in accordance with the procedure set out in Articles 50 and 51.
8. Residence permits issued to persons who no longer meet the conditions in point (b) of paragraph 4 shall be withdrawn.
Article 46. Enhanced Notification for Persons Resident In Gibraltar
1. The United Kingdom, in respect of Gibraltar, shall regularly review potential risks resulting from the possibility for persons resident in Gibraltar to travel to the territory of the Member States where the Schengen acquis is applied in full, and shall regularly, and at a minimum, every three months, provide such a risk assessment to the Kingdom of Spain. In carrying out such risk assessment, the United Kingdom, in respect of Gibraltar, shall have regard to all relevant information at its disposal, including in connection with enforcement and counter-terrorist investigations and operations.
Where the United Kingdom, in respect of Gibraltar, has grounds to consider that a person resident in Gibraltar could pose a serious threat to public policy or internal security, public health or the international relations of a Member State, it shall inform the Kingdom of Spain without delay setting out the grounds upon which that assessment is based.
Article 6(1) shall not apply to exchange of information under the second sub-paragraph.
2. If, on the basis of information received pursuant to paragraph 1, or on the basis of any other information, the Kingdom of Spain considers that a person resident in Gibraltar constitutes a sufficiently serious threat to public policy or internal security, public health or its international relations, and on these grounds decides that the individual is prohibited from leaving Gibraltar to travel to the territory of the Member States applying the Schengen acquis in full, it shall notify the authorities of the United Kingdom, in respect of Gibraltar, of that prohibition.
The notification shall set out the reasons for the prohibition, as well as the means by which the person concerned may appeal the prohibition before a national court of the Kingdom of Spain. The lodging of an appeal shall not be required to have suspensive effect on a decision to prohibit entry.
Article 6(1) shall not apply to exchange of information under the second sub-paragraph.
3. Where the United Kingdom, in respect of Gibraltar, has received a notification referred to in paragraph 2, it shall:
(a) inform the person concerned of the notification and the content thereof;
(b) take all necessary steps to prevent prohibited travel to the Schengen area, including through police and judicial cooperation with the Kingdom of Spain.
4. This Article shall not apply to:
(a) family members of Union citizens, irrespective of their nationality, referred to in Articles 2 and 3 of Directive 2004/38/EC;
(b) family members, irrespective of their nationality, of nationals of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Swiss Confederation, the Principality of Andorra and the Republic of San Marino, who under agreements concluded by the Union enjoy rights of free movement equivalent to those referred to in point (a).
Article 47. Short Stay Visas In Respect of Gibraltar
1. Nationals of third countries required to be in possession of a short stay visa to enter and stay in the Member States in accordance with Union law shall also be required to be in possession of a visa to enter and stay in Gibraltar.
2. Nationals of third countries exempt from the requirement to be in possession of a short stay visa to enter and stay in the Member States in accordance with Union law shall not be required to be in possession of a visa to enter and stay in Gibraltar.
3. Short-stay visas issued in accordance with Union law, in particular Regulations (EC) No 810/2009 of the European Parliament and of the Council (1) and (EU) 2018/1806 of the European Parliament and of the Council (2), shall also be valid for entry and stay in Gibraltar for a maximum period of 90 days in any 180-day period. Where the main purpose is to stay in Gibraltar, the Kingdom of Spain, the neighbouring Member State, shall issue the visa.
4. The Kingdom of Spain shall notify the United Kingdom, in respect of Gibraltar, when it intends to issue a visa in accordance with the second sentence of paragraph 3. Where the United Kingdom, in respect of Gibraltar, considers that a visa should not be issued in accordance with the second sentence of paragraph 3, on account of sufficiently serious reasons pertaining to public policy, internal security or public health, including on the basis of an alert issued in Gibraltar, it shall inform the Kingdom of Spain. In that case, any visa issued by the Kingdom of Spain, by derogation from paragraph 3, shall not be valid for entry and stay in Gibraltar, which shall be marked in the "comments" section of the visa. Article 6(1) shall not apply to notifications under this paragraph.
5. Visas other than those issued pursuant to paragraph 3 and pursuant to Article 47 shall not be valid for entry and stay in Gibraltar.
Article 48. Exceptional External Borders Visas In Respect of Gibraltar
1. This Article applies when, following the completion of border checks, a person who is not in possession of a valid visa required to enter Gibraltar or the Member States, expresses the wish to enter and stay only in Gibraltar.
2. In the case referred to in paragraph 1, the competent authorities of the United Kingdom, in respect of Gibraltar, may exceptionally issue a short-stay visa at the external border crossing points established pursuant to Article 29(1) when there are compelling grounds to do so on humanitarian grounds, if the following conditions are fulfilled:
(a) the applicant submits supporting documents or other evidence substantiating unforeseeable and imperative reasons for entry on humanitarian grounds;
(i) the applicant satisfies the conditions for entry, other than compliance with one or more of the following conditions:
(ii) holding a visa, required by the competent authorities of the United Kingdom, in respect of Gibraltar, and by the competent authorities of the Kingdom of Spain;
(iii) having stayed in the territory of the Member States for no more than 90 days in any 180-day period;
a) being in possession of a valid travel document that entitles the holder to cross the border and that satisfies the following criteria:
b) its validity extends at least three months after the intended date of departure;
it has been issued within the previous 10 years; and
(c) the applicant's return to their country of origin or residence or transit through States other than Member States applying the Schengen acquis in full is assessed as certain.
3. A visa exceptionally issued at the external borders in accordance with paragraph 2 shall be valid only for the territory of Gibraltar, entitling the holder to stay there for a maximum duration of 15 days, depending on the purpose and conditions of the intended stay. The period of the duration of stay may subsequently be extended by a maximum of 15 days if the competent authorities of the United Kingdom, in respect of Gibraltar, consider that the visa holder has provided proof of force majeure or humanitarian reasons preventing them from leaving. It shall not give the holder the right to enter the territory of the Member States.
4. Where the Kingdom of Spain considers that a visa should not be issued or extended in accordance with paragraphs 2 and 3 because there are sufficiently serious reasons pertaining to public policy, internal security or public health, including on the basis of an alert issued in the Schengen Information System, it shall inform the United Kingdom, in respect of Gibraltar, of its objection to issuance of such a visa. In that case, the United Kingdom, in respect of Gibraltar, shall refrain from issuing a visa at the external borders in accordance with paragraph 2.
5. When the United Kingdom, in respect of Gibraltar, decides to issue or extend a visa in accordance with paragraphs 2 or 3, it shall allow the competent authorities of the Kingdom of Spain to record the data of the applicant, including biometric identifiers, that is required for visa issuance or extension in accordance with Union law, in particular with the provisions of Regulation (EU) 2018/1806 of the European Parliament and of the Council, of Regulation (EC) No 810/2009 of the European Parliament and of the Council and of Regulation (EC) No 767/2008 of the European Parliament and of the Council (1). The Kingdom of Spain shall enter these data into the Visa Information System, adding information indicating that the visa has been issued with territorial validity limited to the territory of Gibraltar pursuant to this Article.
6. The number of visas pursuant to paragraph 2 shall not exceed 15 in each calendar year. That number of visas issued each calendar year may be amended by decision of the Cooperation Council.
7. Visas issued pursuant to paragraph 2 shall be issued in a format to be determined by the competent authorities of the United Kingdom, in respect of Gibraltar. The United Kingdom, in respect of Gibraltar, shall provide the Kingdom of Spain with specimens of such visas and any subsequent modification thereto for information purposes.
Article 49. Long Stay Visas Valid for Gibraltar
Long stay visas valid for Gibraltar shall not be issued.
Article 50. Residence Permits In Respect of Gibraltar
1. The competent authorities of the United Kingdom, in respect of Gibraltar, shall be responsible for issuing or renewing residence permits in respect of Gibraltar. Such residence permits may only be issued or renewed, where the relevant conditions under Article 45 are fulfilled.
2. Before issuing or renewing a residence permit, the competent authorities of the United Kingdom, in respect of Gibraltar, shall notify the competent authorities of the Kingdom of Spain.
3. Within 28 calendar days of being notified under paragraph 2, the competent authorities of the Kingdom of Spain may inform the competent authorities of the United Kingdom, in respect of Gibraltar, of their objection to the issuance or renewal of a residence permit where the applicant is considered, in accordance with the Schengen acquis, to be a threat to public policy (1), internal security, public health or the international relations of any of the Member States, including on the basis of an alert issued in the Schengen Information System. In that case, the competent authorities of the United Kingdom, in respect of Gibraltar, shall not issue or renew the residence permit, and shall inform the applicant of the outcome and provide to the applicant the contact details of the competent authorities of the Kingdom of Spain. Upon request of the applicant, the competent authorities of the Kingdom of Spain shall, with due regard to their obligations under national and Union law, inform the applicant of:
(a) its decision to object to the issuing or renewing of a residence permit;
(b) the grounds for objecting to the issuing or renewing of the residence permit, considering the applicant to be a threat to public policy, or internal security, public health or the international relations, accompanied, where appropriate, by the essence of the reasons; and
(c) the appropriate remedies in accordance with national and Union law.
Article 6(1) shall not apply to this paragraph.
4. The competent authorities of the Kingdom of Spain may notify the competent authorities of the United Kingdom, in respect of Gibraltar, that the period of 28 calendar days referred to in paragraph 3 is extended by a maximum of 14 calendar days. The absence of a response by the expiry of that 28 calendar days period shall be considered a positive response. In any case, the competent authorities of the United Kingdom, in respect of Gibraltar, shall refrain from issuing or renewing a residence permit before the end of the period provided in this paragraph.
Article 6(1) shall not apply to this paragraph.
5. Where there are grounds to object to a person holding a residence permit, including when the holder is considered to be a threat to public policy, internal security, public health or the international relations of a Member State, including on the basis of an alert issued in the Schengen Information System, the competent authorities of the Kingdom of Spain shall request the competent authorities of the United Kingdom, in respect of Gibraltar, to withdraw that residence permit. In that case, the competent authorities of the United Kingdom, in respect of Gibraltar, shall withdraw the residence permit without delay and shall provide to the holder the contact details of the competent authorities of the Kingdom of Spain. Upon request of the holder, the competent authorities of the Kingdom of Spain shall, with due regard to its obligations under national and Union law, inform the holder of:
(a) Its decision to request the withdrawal of a residence permit;
(b) the grounds for considering the holder to be a threat to public policy, or internal security, public health or the international relations accompanied, where appropriate, by the essence of the reasons; and
(c) the appropriate remedies in accordance with national and Union law.
Article 6(1) shall not apply to this paragraph.
6. Where, a residence permit is issued, or not withdrawn, because the competent authorities of the Kingdom of Spain have not objected to it pursuant to paragraphs 3 or 5 and despite an alert in the Schengen Information System for the purposes of refusing entry, or for the purposes of return, that residence permit does not give the holder the right to enter the territory of the Member States.
7. A residence permit in respect of Gibraltar shall comply with the uniform format laid down in Union law and shall bear clear indications that it is valid for Gibraltar.
8. The United Kingdom, in respect of Gibraltar, shall provide the Kingdom of Spain with specimens of permits in respect of Gibraltar and any subsequent modification thereto for the purpose of Spain notifying these to the Commission in line with the procedure in Article 39(1)(a) of the Schengen Borders Code.
9. The Kingdom of Spain shall designate, in accordance with Article 68, the authority responsible for receiving the information pursuant to this Article. The United Kingdom, in respect of Gibraltar, shall notify, in accordance with Article 68, the authority responsible for receiving applications for residence permits, issuing or renewing residence permits in respect of Gibraltar and submitting information to the Kingdom of Spain pursuant to this Article.
10. This Article shall apply until the date on which the Visa Information System (VIS) operations start pursuant to Regulation (EU) 2021/1134 of the European Parliament and of the Council (1). From that date, Article 51 shall apply.
11. The Union shall inform the United Kingdom, in respect of Gibraltar, of the date on which the operations referred to in paragraph 9 will start, in advance of that date.
12. Paragraphs 2 to 6 shall not apply to:
(a) Union citizens and family members of Union citizens, irrespective of their nationality, referred to in Articles 2 and 3 of Directive 2004/38/EC;
(b) nationals of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Swiss Confederation, the Principality of Andorra and the Republic of San Marino and their family members, irrespective of their nationality, who under agreements concluded by the Union enjoy rights of free movement equivalent to those referred to in point (a).
13. In the case of persons and family members forming part of their household posted in service to United Kingdom forces or to the United Kingdom, in respect of Gibraltar, where the competent authorities of the Kingdom of Spain have objected to the issuance of the residence permit in accordance with paragraph 3, they shall be issued a residence permit with territorial validity limited to Gibraltar.
Article 51. Residence Permits In Respect of Gibraltar
1. The competent authorities of the United Kingdom, in respect of Gibraltar, shall be responsible for issuing or renewing residence permits in respect of Gibraltar. Such residence permits may only be issued or renewed, where the relevant conditions under Article 45 are fulfilled.
2. Before issuing or renewing a residence permit, the competent authorities of the United Kingdom, in respect of Gibraltar, shall notify the competent authorities of the Kingdom of Spain.
3. Without prejudice to paragraph 1, the competent authorities of the United Kingdom, in respect of Gibraltar, shall ensure that the data necessary for the Kingdom of Spain to be able to comply with Chapter III of Regulation (EC) No 767/2008 with regard to applications for residence permits made in Gibraltar, is collected and transferred to the competent authorities of the Kingdom of Spain within 2 working days of the application being made.
In this respect, the competent authorities of the United Kingdom, in respect of Gibraltar, shall ensure that:
(a) the data collected is accurate, up to date and of an adequate level of quality and completeness;
(b) has been collected lawfully, respecting the safeguards laid down in that Chapter;
(c) the applicant has been provided with the information referred to in Articles 37(1) and (2) of Regulation (EC) No 767/2008; and
(d) the applicant provides at the time of application consent to the processing of their data in line with the provisions of Regulation (EC) No 767/2008.
4. Within 28 calendar days of being notified under paragraph 2, the competent authorities of the Kingdom of Spain may inform the competent authorities of the United Kingdom, in respect of Gibraltar, of their objection to the issuance or renewal of a residence permit, where the applicant is considered, in accordance with the Schengen acquis, to be a threat to public policy (1), internal security, public health or the international relations of any of the Member States, including on the basis of an alert issued in the Schengen Information System. In that case, the competent authorities of the United Kingdom, in respect of Gibraltar, shall not issue or renew the residence permit and shall inform the applicant of the outcome and provide to the applicant the contact details of the competent authorities of the Kingdom of Spain. Upon request of the applicant, the competent authorities of the Kingdom of Spain shall, with due regard to their obligations under national and Union law, inform the applicant of:
(a) their decision to object to the issuing or renewing of a residence permit;
(b) the grounds for objecting to the issuing or renewing of the residence permit, considering the applicant to be a threat to public policy, or internal security, public health or the international relations, accompanied, where appropriate, by the essence of the reasons; and
(c) the appropriate remedies in accordance with national and Union law.
Article 6(1) shall not apply to this paragraph.
5. The competent authorities of the Kingdom of Spain may notify the competent authorities of the United Kingdom, in respect of Gibraltar, that the period of 28 calendar days referred to in paragraph 3 is extended by a maximum of 14 calendar days. The absence of a response by the expiry of that 28 calendar days period shall be considered a positive response. In any case, the competent authorities of the United Kingdom, in respect of Gibraltar, shall refrain from issuing or renewing a residence permit before the end of the period provided in this paragraph.
Article 6(1) shall not apply to this paragraph.
6. Where there are grounds to object to a person holding a residence permit, including when the holder is considered to be a threat to public policy, internal security, public health or the international relations of a Member State, including on the basis of an alert issued in the Schengen Information System, the competent authorities of the Kingdom of Spain shall request the competent authorities of the United Kingdom, in respect of Gibraltar, to withdraw that residence permit. In that case, the competent authorities of the United Kingdom, in respect of Gibraltar, shall withdraw the residence permit without delay and shall provide to the holder the contact details of the competent authorities of the Kingdom of Spain. Upon request of the holder, the competent authorities of the Kingdom of Spain shall, with due regard to their obligations under national and Union law, inform the holder of:
(a) their decision to request the withdrawal of a residence permit;
(b) the grounds for considering the holder to be a threat to public policy, or internal security, public health or the international relations accompanied, where appropriate, by the essence of the reasons; and
(c) the appropriate remedies in accordance with national and Union law.
Article 6(1) shall not apply to this paragraph.
7. Where a residence permit is issued, or not withdrawn, because the competent authorities of the Kingdom of Spain have not objected to it pursuant to paragraphs 4 or 6 and despite an alert in the Schengen Information System for the purposes of refusing entry, or for the purposes of return, that residence permit does not give the holder the right to enter the territory of the Member States.
8. A residence permit in respect of Gibraltar shall comply with the uniform format laid down in Union law and shall bear clear indications that it is valid for Gibraltar.
9. The United Kingdom, in respect of Gibraltar, shall provide Spain with specimens of permits in respect of Gibraltar and any subsequent modification thereto for the purpose of the Kingdom of Spain notifying these to the Commission in line with the procedure in Article 39(1)(a) of the Schengen Borders Code.
10. The Kingdom of Spain shall designate, in accordance with Article 68, the authority responsible for receiving the information pursuant to this Article. The United Kingdom, in respect of Gibraltar, shall notify in accordance with Article 68 the authority responsible for receiving applications for residence permits, issuing or renewing residence permits in respect of Gibraltar and submitting information to the Kingdom of Spain pursuant to this Article.
11. Paragraphs 2 to 7 shall not apply to:
(a) Union citizens and family members of Union citizens, irrespective of their nationality, referred to in Articles 2 and 3 of Directive 2004/38/EC;
(b) nationals of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Swiss Confederation, the Principality of Andorra and the Republic of San Marino and their family members, irrespective of their nationality, who under agreements concluded by the Union enjoy rights of free movement equivalent to those referred to in point (a).
12. In the case of persons and family members forming part of their household posted in service to United Kingdom forces or to the United Kingdom, in respect of Gibraltar, where the competent authorities of the Kingdom of Spain has objected to the issuance of the residence permit in accordance with paragraph 4, they shall be issued a residence permit with territorial validity limited to Gibraltar.
Article 52. Transitional Rule for Residence Permits
1. Residence permits issued by the competent authorities of the United Kingdom, in respect of Gibraltar, prior to the date of entry into force of this Agreement shall remain valid for a period of two calendar years after that date or until their expiration date, whichever comes first.
2. The United Kingdom, in respect of Gibraltar, shall provide the Kingdom of Spain with specimens of such permits and any subsequent modification thereto for the purposes of the Kingdom of Spain notifying these to the Commission in accordance with Article 39(1) (a) of the Schengen Borders Code.
3. The competent authorities of the United Kingdom, in respect of Gibraltar, shall notify the competent authorities of the Kingdom of Spain of the holders of residence permits in force at the time of the entry into force of this Agreement. The competent authorities of the Kingdom of Spain may, on the basis of checks on such persons in the relevant Union, national and international databases, including the Schengen Information System request the competent authorities of the United Kingdom, in respect of Gibraltar, to withdraw a residence permit where the applicant is considered, in accordance with the Schengen acquis, to be a threat to public policy (1), internal security, public health or the international relations of any of the Member States. Upon receipt of such a request, the competent authorities of the United Kingdom, in respect of Gibraltar, shall withdraw the relevant residence permit subject to a right of appeal in before a national court.
Article 6(1) shall not apply to this paragraph.
4. Paragraph 3 shall not apply to:
(a) Union citizens and family members of Union citizens, irrespective of their nationality, referred to in Articles 2 and 3 of Directive 2004/38/EC;
(b) nationals of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Swiss Confederation, the Principality of Andorra and the Republic of San Marino and their family members, irrespective of their nationality, who under agreements concluded by the Union enjoy rights of free movement equivalent to those referred to in point (a).
Article 52. Transitional Rule for Residence Permits
1. Residence permits issued by the competent authorities of the United Kingdom, in respect of Gibraltar, prior to the date of entry into force of this Agreement shall remain valid for a period of two calendar years after that date or until their expiration date, whichever comes first.
2. The United Kingdom, in respect of Gibraltar, shall provide the Kingdom of Spain with specimens of such permits and any subsequent modification thereto for the purposes of the Kingdom of Spain notifying these to the Commission in accordance with Article 39(1) (a) of the Schengen Borders Code.
3. The competent authorities of the United Kingdom, in respect of Gibraltar, shall notify the competent authorities of the Kingdom of Spain of the holders of residence permits in force at the time of the entry into force of this Agreement. The competent authorities of the Kingdom of Spain may, on the basis of checks on such persons in the relevant Union, national and international databases, including the Schengen Information System request the competent authorities of the United Kingdom, in respect of Gibraltar, to withdraw a residence permit where the applicant is considered, in accordance with the Schengen acquis, to be a threat to public policy (1), internal security, public health or the international relations of any of the Member States. Upon receipt of such a request, the competent authorities of the United Kingdom, in respect of Gibraltar, shall withdraw the relevant residence permit subject to a right of appeal in before a national court.
Article 6(1) shall not apply to this paragraph.
4. Paragraph 3 shall not apply to:
(a) Union citizens and family members of Union citizens, irrespective of their nationality, referred to in Articles 2 and 3 of Directive 2004/38/EC;
(b) nationals of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Swiss Confederation, the Principality of Andorra and the Republic of San Marino and their family members, irrespective of their nationality, who under agreements concluded by the Union enjoy rights of free movement equivalent to those referred to in point (a).