1. Subject to paragraphs 6 to 10, where a person makes an application for international protection in Gibraltar, the competent authorities of the United Kingdom, in respect of Gibraltar, shall be responsible for the examination of that application.
2. Where an application for international protection is made pursuant to paragraph 1, the applicant shall be escorted by the competent authorities of the United Kingdom, in respect of Gibraltar, to the Second Line Checks Area for the purposes of registering the application, subject to paragraph 5. The competent authorities of the United Kingdom, in respect of Gibraltar, shall immediately inform the competent authorities of the Kingdom of Spain, subject to paragraph 5.
3. Without prejudice to paragraph 1, where a person is going through the border checks carried out pursuant to Article 29, they may make an application for international protection before the competent authorities of the United Kingdom, in respect of Gibraltar or before those of the Kingdom of Spain.
4. Where a person makes an application for international protection before or during the performance of border checks carried out pursuant to Article 29, the checks shall be completed.
In the event that border checks trigger the need for follow-up action to be taken as referred to in Article 34, such action shall be taken to the extent that it respects and does not undermine the right to international protection and the principle of non-refoulement.
Where an application for international protection is made pursuant to paragraph 3, the applicant shall be escorted by the competent authorities before which they made the application to the Second Line Checks Area for the purposes of registering the application, subject to paragraph 5.
Where a person makes an application for international protection before the competent authorities of the Kingdom of Spain, the Kingdom of Spain shall be responsible for the examination of that application in accordance with Union and domestic law.
Where a person makes an application for international protection before the competent authorities of the United Kingdom, in respect of Gibraltar, the United Kingdom, in respect of Gibraltar, shall be responsible for the examination of that application in accordance with domestic law, and subject to paragraphs 6 to 10.
5. For the purposes of examining individual applications and after a final decision on the application has been taken, the competent authorities shall not:
(a) disclose information regarding individual applications for international protection, or the fact that an application has been made, to the alleged actor(s) of persecution or serious harm;
(b) obtain any information from the alleged actor(s) of persecution or serious harm in a manner that would result in such actor(s) being directly informed of the fact that an application has been made by the applicant in question, and would jeopardise the physical integrity of the applicant or their dependants, or the liberty and security of their family members still living in the country of origin.
6. Where the United Kingdom, in respect of Gibraltar, is responsible for the examination of an application for international protection, the application shall be processed in accordance with standards that are at least equivalent to those applicable in the Union with respect to eligibility criteria for and content of international protection, as well as with respect to the procedures applicable to the examination of applications for international protection and reception conditions of applicants.
7. Where the competent authorities of the Kingdom of Spain are informed of an application for international protection in accordance with paragraph 2, they may inform the competent authorities of the United Kingdom, in respect of Gibraltar, within 14 calendar days of their objection to the granting of international protection by the United Kingdom, in respect of Gibraltar. In that case, the competent authorities of the United Kingdom, in respect of Gibraltar, shall refrain from granting international protection until they have given full consideration to any information provided by the competent authorities of the Kingdom of Spain. The competent authorities of the United Kingdom, in respect of Gibraltar, shall notify the competent authorities of the Kingdom of Spain of the final decision and the reasons therefor, subject to paragraph 5.
The competent authorities of the Kingdom of Spain shall notify the competent authorities of the United Kingdom, in respect of Gibraltar, if the period of 14 calendar days referred to in the first sentence is to be extended by a maximum of 14 calendar days. The absence of a response by the expiry of that 14 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 granting international protection before the end of the period provided in this paragraph.
8. Where the United Kingdom, in respect of Gibraltar, is responsible for the examination of an application for international protection, it shall take all necessary measures to ensure that an applicant, other than a Union citizen, is not permitted to enter, and is prevented from entering, the territory of the Member States for the duration of the procedure for international protection and until a final decision is taken on the application.
The competent authorities of the Kingdom of Spain shall as soon as possible and no later than 72 hours after the escorting of the person to the Second Line Checks Area, take and transmit the data of persons, other than Union citizens, who have made an application for international protection pursuant to paragraph 1 and transmit that data in EURODAC.
9. Where a person is granted international protection by the United Kingdom, in respect of Gibraltar, he or she shall be issued with a residence permit, which shall have territorial validity limited to Gibraltar.
Where a final decision has been taken rejecting an application for international protection, the competent authorities of the United Kingdom, in respect of Gibraltar, shall take all necessary measures to ensure that the person concerned is removed from Gibraltar, in accordance with rules and safeguards that ensure standards equivalent to those laid down in Directive 2008/115/EC of the European Parliament and of the Council (1).
10. Where the United Kingdom, in respect of Gibraltar, is responsible for an application of international protection and where the applicant has irregularly travelled to a Member State or a State that has concluded an agreement with the Union on the criteria and mechanisms for establishing the State responsible for examining a request for asylum, the applicant shall be returned to Gibraltar.
Chapter 3. POLICE COOPERATION
Article 54. Information Exchange
1. The objective of this Article is to ensure that the competent authorities of the Member States and of the United Kingdom, in respect of Gibraltar, are able, subject to the conditions of their domestic law and within the scope of their powers, and to the extent that this is not provided for in this Chapter and in Chapter 4 of this Title, to assist each other through the provision of relevant information for the purposes of:
(a) prevention, investigation, detection or prosecution of criminal offences, including the fight against organised crime and illegal trafficking;
(b) execution of criminal penalties;
(c) safeguarding against, and prevention of, threats to public safety; and
(d) prevention and combating of money laundering and the financing of terrorism.
2. For the purposes of this Article, a "competent authority" means a domestic police, customs or other authority that is competent under domestic law to undertake activities for the purposes set out in paragraph 1.
3. Information, including on wanted and missing persons as well as objects, may be requested by a competent authority of the United Kingdom, in respect of Gibraltar, or of a Member State, or provided spontaneously to a competent authority of the United Kingdom, in respect of Gibraltar, or of a Member State. Information may be provided in response to a request or spontaneously, subject to the conditions of the domestic law which applies to the providing competent authority and within the scope of its powers.
4. Information may be requested and provided to the extent that the conditions of the domestic law which applies to the requesting or providing competent authority do not stipulate that the request or provision of information must be made or channelled via judicial authorities.
5. In urgent cases, the providing competent authority shall respond to a request, or provide information spontaneously, as soon as possible.
6. A requesting authority of any of the Parties may, in accordance with relevant domestic law, at the time of making the request or at a later point in time, seek consent from the providing authority of any of the Parties for the information to be used for evidential purposes in proceedings before a judicial authority. The providing authority may, subject to the conditions set out in the provisions referred to in Chapter 5 of Title V of this Part and in its domestic law, consent to the information being used for evidential purposes before a judicial authority in a Member State, where the requesting authority pertains to the latter, or in the United Kingdom, in respect of Gibraltar, where the requesting authority pertains to the latter. Equally, where information is provided spontaneously, the providing authority may consent to the information being used for evidential purposes in proceedings before a judicial authority in a Member State, where the information is provided to a competent authority of the latter, or in the United Kingdom, in respect of Gibraltar, where the information is provided to a competent authority of the latter. Where consent is not given under this paragraph, the information received shall not be used for evidential purposes in proceedings before a judicial authority.
7. The providing authority may, under relevant domestic law, impose conditions on the use of the information provided.
8. A competent authority may provide under this Article any type of information which it holds, subject to the conditions of the domestic law which applies to it and within the scope of its powers. This may include information from other sources, only if onward transfer of that information is permitted in the framework under which it was obtained by the providing competent authority.
9. Information may be provided under this Article via any appropriate communication channel, including the secure communication line for the purpose of provision of information through Europol, subject to Article 73.
10. Without prejudice to paragraph 5, all formal communications and notifications under this Article shall be performed in line with Article 6(1). This does not include communications and decisions which relate to urgent operational or logistical matters.
Article 55. Continued Surveillance
1. The competent authorities of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain who, as part of a criminal investigation, are keeping under surveillance in the Kingdom of Spain or in Gibraltar, as the case may be, a person who is presumed to have participated in a criminal offence listed in Annex 8 or a person under surveillance who can assist in identifying or tracing such a person, may continue their surveillance, in line with the relevant Schengen acquis, in Gibraltar or Spain, respectively.
2. Administrative arrangements between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set out the practical modalities concerning the performance of the duties of the competent authorities and operational cooperation aspects relating to the continued surveillance referred to in paragraph 1.
Article 56. Uninterrupted Pursuit
1. Officers of the United Kingdom, in respect of Gibraltar, or of the Kingdom of Spain who are pursuing an individual caught in the act of committing or of participating in one of the offences listed in Annex 8 may continue pursuit, in line with the relevant Schengen acquis, in Gibraltar or Spain, respectively.
The same shall apply where the person being pursued has escaped from provisional custody or while serving a sentence involving deprivation of liberty.
2. Administrative arrangements between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall set out the practical modalities concerning the performance of the duties of the competent authorities and operational cooperation aspects relating to the pursuit referred to in paragraph 1.
Article 57. Communication
1. The United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall install and keep in place, communication lines and other direct links to facilitate police and customs cooperation between the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain, in particular for the timely transmission of information for the purposes of continued surveillance and uninterrupted pursuit.
2. In addition, the United Kingdom, in respect of Gibraltar, and the Kingdom of Spain shall consider further possibilities for enhancing direct communication between their police and customs services. The details of such arrangements shall be laid down bilaterally.
Article 58. Joint Operations
1. In order to step up police cooperation, the competent authorities of the Union and the Member States, on the one side, and of the United Kingdom, in respect of Gibraltar, on the other side, may, in maintaining public order and security and preventing criminal offences, introduce joint patrols and other joint operations in which designated officers or other officials from either side participate in operations within the Member States or in Gibraltar, as the case may be.
2. The Union in respect of its Member States and the United Kingdom, in respect of Gibraltar, shall submit declarations regarding competent authorities for the purpose of this Article and laying down the conditions for and practical aspects of the cooperation in line with Union law. Such conditions shall inter alia specify whether the designated officers or other officials referred to in paragraph 1 may exercise executive powers, the responsibility for actions committed by the seconding side's officers, as well as the applicable law.
3. Any joint operation, including where it takes the form of a joint patrol, that takes place within the territory of a Member State or within the territory of Gibraltar shall be explicitly authorised, prior to the joint operation, respectively by that Member State or the United Kingdom, in respect of Gibraltar, who shall also take part in it.
Article 59. Relevant Databases
1. The Union shall ensure that the designated officers or other officials of the United Kingdom, in respect of Gibraltar, participating in joint operations as referred to in Article 58, may consult their own relevant domestic and international databases, as permitted under the law of the United Kingdom, in respect of Gibraltar, during a joint operation in a Member State.
2. The United Kingdom, in respect of Gibraltar, shall ensure that officers of Member States participating in joint operations as referred to in Article 58, may consult their own relevant national, Union and international databases, as permitted under their domestic law, during a joint operation in Gibraltar.
Article 60. Protection and Assistance During Joint Operation
The Member States participating in a joint operation and the United Kingdom, in respect of Gibraltar, shall be required to provide each other's officers participating that joint operation within their territory in accordance with Article 58 with the same protection and assistance in the course of those officers' duties as for their own officers.
Article 61. Passenger Name Record Data
The United Kingdom, in respect of Gibraltar, shall ensure that carriers transfer Passenger Name Record (PNR) data concerning flights arriving in Gibraltar to the competent authorities of the Kingdom of Spain. Such transfers shall comply with the requirements of Directive (EU) 2016/681 of the European Parliament and of the Council (1).
Article 19 shall apply.
Article 62. Enhanced Police Checks
1. Where necessary, on the basis of a risk assessment, in order to prevent criminal offences and irregular migration, the competent authorities of the United Kingdom, in respect of Gibraltar, and of the Kingdom of Spain shall perform enhanced police checks in Gibraltar and in the contiguous frontier zone, respectively.
2. Enhanced police checks as referred to in paragraph 1 may take the form of joint operations in accordance with Article 58.
Article 63. Applicable Provisions of Union Law
The provisions of Union law listed in Annex 9 to this Agreement shall apply to the United Kingdom, in respect of Gibraltar, and in Gibraltar.
Article 19 shall apply.
Title IV. IMPLEMENTATION, APPLICATION, EVALUATION AND ENFORCEMENT
Article 64. Schengen Evaluations
The United Kingdom, in respect of Gibraltar, shall admit Union and Member State representatives and experts designated by Union agencies conducting evaluations of the application of the Schengen acquis by Spain pursuant to this Part. The United Kingdom, in respect of Gibraltar, shall assist and facilitate such representatives to exercise their tasks, as set out in Council Regulation (EU) 2022/922 (1) including, but not limited, to visiting and inspecting infrastructure located in Gibraltar.
The Kingdom of Spain shall, as soon as it receives a notification for such visits pursuant to Article 19(3) and (4) of Council Regulation (EU) 2022/922, inform the United Kingdom, in respect of Gibraltar.
Article 65. Evaluation of the Implementation
The Specialised Committee on the Circulation of Persons shall complete an evaluation of the implementation of this Part, including the administrative arrangements referred to in Article 33(5) at the latest 4 years after this Part of the Agreement coming into effect. By that time, the Specialised Committee on the Circulation of Persons shall, following consultations, address a report on the evaluation to the Cooperation Council which shall include an assessment of the administrative arrangements set out in Article 33(5). That report shall set out the common assessment of the representatives of the Parties or, in the alternative, the assessment of the representatives of each Party.
Article 66. Termination of the Agreement after the Evaluation of the Implementation
1. Following completion of the evaluation referred to in Article 65 and without prejudice to Article 334, the Union, including at the request of the Kingdom of Spain, and the United Kingdom may terminate this Agreement by written notification through diplomatic channels. This Agreement and any supplementing agreement shall cease to be in force on the first day of the twelfth month following the date of notification.
2. Where the Kingdom of Spain has requested the Union to terminate this Agreement, in accordance with paragraph 1, the Union will proceed to such termination.
Article 67. Suspension of Obligations
1. Notwithstanding Article 334, and with full respect of the exercise of the responsibilities incumbent upon the Parties with regard to law and order, the safeguarding of internal security and the management of their section of the external borders, in case of serious non-respect of commitments under this Part, or where either Party considers that it is exposed to a serious and persistent threat to internal security due to the absence of controls between the Union and Gibraltar, either Party, after consultations with each other, may temporarily suspend the implementation of its obligations under Titles I to V of this Part. The Union will take the opinion of the Kingdom of Spain duly into account.
2. Where either Party intends to suspend its obligations in accordance with paragraph 1, it shall without delay notify the other, through the Cooperation Council. Such notification shall indicate the period for which the Party intends the temporary suspension of its obligations to apply. The temporary suspension of the Party's obligations shall take effect on the eighth day of the notification or on any later date as specified therein. On this basis, the Member States and the United Kingdom, in respect of Gibraltar, shall reinstate border control between the Union and Gibraltar.
Article 68. Notifications, Declarations, Reservations and Designations
1. By the date of the entry into force of this Agreement, the Kingdom of Spain and the United Kingdom, in respect of Gibraltar, shall make the notifications and designations provided for in Articles 50(9) and 51(10).
2. By that same date, the Union in respect of the Member States, and the United Kingdom, in respect of Gibraltar, shall make declarations referred to in Article 58(2).
3. By the date of the entry into force of this Agreement, the Union and the United Kingdom, in respect of Gibraltar, shall make any of the notifications provided for in Article 121(2), Article 122(2) and Article 130(4).
4. To the extent that such notification has not been made, at the point in time referred to in the first paragraph, notifications may be made as soon as possible and at the latest two months after the entry into force of this Agreement.
5. During that interim period, any Member State or the United Kingdom, in respect of Gibraltar, in relation to which no notification provided for in Articles 121(2), 122(2) and 130(4) has been made, and which has not been the subject of an indication that no such notification is to be made, may avail itself of the possibilities provided for in that Article as if such a notification had been made in respect of that Member State or the United Kingdom, in respect of Gibraltar. In the case of Article 122(2), a Member State or the United Kingdom, in respect of Gibraltar, may only avail itself of the possibilities provided for in that Article to the extent that to do so is compatible with the criteria for making a notification.
5. The notifications provided for in the following provisions may be made at any time:
(a) Article 118(4);
(b) Article 124(1);
(c) Article 125(2);
(d) Article 144(1);
(e) Article 145(1);
(f) Article 165(4);
(g) Article 166(5);
(h) Article 167(5);
(i) Article 176(2); and
(j) Article 184(3) and (7).
6. The notifications and declarations provided for in the following provisions may be modified at any time:
(a) Article 58(2);
(b) Article 124(1);
(c) Article 125(2); and
(d) Article 184(3) and (7).
7. The notifications provided for in the following provisions may be withdrawn at any time:
(a) Article 121(2);
(b) Article 122(2);
(c) Article 124(1);
(d) Article 130(4);
(e) Article 165(4);
(f) Article 166(5); and
(g) Article 167(5)
8. By the date of entry into force of this Agreement, the United Kingdom, in respect of Gibraltar shall notify the Union of the identity of the following authorities:
(a) the authority considered as the competent authority for the purposes of Chapter 1 of Title V of this Part as referred to in point (b) of Article 74 and a short description of its competences;
(b) the authority considered as the competent authority for the purposes of Chapter 2 of Title V of this Part, as referred to in Point (b) of Article 90, and a short description of its competences;
(c) the authority competent by virtue of the domestic law of the United Kingdom, in respect of Gibraltar, to execute an arrest warrant as referred to in point (c) of Article 117;
(d) the authority competent by virtue of the domestic law of the United Kingdom, in respect of Gibraltar, to issue an arrest warrant as referred to in point (d) of Article 117;
(e) the authority under Article 142; and
(f) the authority notified under Article 182.
9. By the date of entry into force of this Agreement, the Union shall, on its behalf or on behalf of its Member States, as the case may be, notify the United Kingdom, of the identity of the following authorities:
(a) the authority competent by virtue of the domestic law of each Member State to execute an arrest warrant as referred to in point (c) of Article 117;
(b) the authority competent by virtue of the domestic law of each Member State to issue an arrest warrant as referred to in point (d) of Article 117;
(c) the authority for each Member State under Article 142;
(d) the Union body referred to in Article 153;
(e) the central authority for each Member State under Article 182(1); and
(f) any Union body notified under the first sentence of Article 182(3) and whether it is also designated as a central authority under the last sentence of that paragraph.
10. Where the Union makes a notification or declaration referred to in this Article, it shall indicate to which of its Member States the notification or declaration applies or whether it is making the notification or declaration on its own behalf.
11. The Union, Spain and the United Kingdom, in respect of Gibraltar, may notify more than one authority with respect to paragraphs 2, 7 and 8, as the case may be, and may limit such notifications for particular purposes only.
12. The notifications referred to in paragraphs 7 and 8 may be modified at any time.
13. All notifications, declarations, reservations and designations referred to in this Article shall be made through the mechanism established in accordance with Article 19.
Article 69. Security Exception
Nothing in Titles I to IV of this Part shall prevent the Parties or the Member States from taking measures necessary to safeguard their national security.
Title V. LAW ENFORCEMENT AND JUDICIAL COOPERATION
Article 70. Objective
1. The objective of this Title is to provide for law enforcement and judicial cooperation between the Member States and Union institutions, bodies, offices and agencies, on the one side, and the United Kingdom, in respect of Gibraltar, on the other side, in relation to the prevention, investigation, detection and prosecution of criminal offences and the prevention of and fight against money laundering and financing of terrorism.
2. This Title only applies to law enforcement and judicial cooperation in criminal matters taking place exclusively between the Union and the Member States, on the one side, and the United Kingdom, in respect of Gibraltar, on the other side. It does not apply to situations arising between the Member States, or between Member States and Union institutions, bodies, offices and agencies, nor does it apply to the activities of authorities with responsibilities for safeguarding national security when acting in that field.
Article 71. Scope of Cooperation Where a Member State No Longer Participates In Analogous Measures Under Union Law
1. This Article applies if a Member State ceases to participate in, or enjoy rights under, provisions of Union law relating to law enforcement and judicial cooperation in criminal matters analogous to any of the relevant provisions of this Title.
2. The United Kingdom, in respect of Gibraltar, may notify the Union in writing of its intention to cease to operate the relevant provisions of this Part in relation to that Member State.
3. A notification given under paragraph 2 takes effect on the date specified therein, which shall be no earlier than the date on which the Member State ceases to participate in, or to enjoy rights under, the provisions of Union law referred to in paragraph 1.
Chapter 1. COOPERATION WITH EUROPOL
Article 72. Objective
The objective of this Chapter is to establish cooperative relations between Europol and the competent authorities of the United Kingdom, in respect of Gibraltar, in order to support and strengthen the action by the Member States and the United Kingdom, in respect of Gibraltar, as well as their mutual cooperation in preventing and combating serious crime, terrorism and forms of crime which affect a common interest covered by a Union policy, as referred to in Article 75.
Article 73. Communication
All communications and notifications referred to in this Chapter shall be performed through the national contact point as set out in Article 77(1) or liaison officers as set out in Articles 77(4) of the United Kingdom to Europol except where Article 77(2) applies.
Article 74. Definitions
For the purposes of this Chapter, the following definitions apply:
(a) "competent authority" means, for the Union, Europol and, for the United Kingdom, in respect of Gibraltar, a domestic law enforcement authority, responsible under domestic law for preventing and combating criminal offences in Gibraltar;
(b) "Europol" means the European Union Agency for Law Enforcement Cooperation, set up under Regulation (EU) 2016/794 of the European Parliament and of the Council (1) (the "Europol Regulation").
Article 75. Forms of Crime
1. The cooperation established under this Chapter relates to the forms of crime within Europol's competence, as listed in Annex 10, including related criminal offences.
2. Related criminal offences are criminal offences committed in order to procure the means of committing the forms of crime referred to in paragraph 1, criminal offences committed in order to facilitate or carry out such crimes, and criminal offences committed to ensure impunity for such crimes.
3. Where the list of forms of crime for which Europol is competent under Union law is changed, the Specialised Committee on Circulation of Persons may, upon a proposal from the Union, amend Annex 10 accordingly from the date when the change to Europol's competence enters into effect.