(b) the decision is incompatible with a decision already taken in the requested Member State or in Gibraltar, if the United Kingdom, in respect of Gibraltar, is the requested actor, on the same matter;
(c) it is incompatible with the ordre public of the United Kingdom, in respect of Gibraltar, or the Member State, as the case may be; or
(d) the decision was taken contrary to provisions on exclusive jurisdiction provided for by the domestic law of the requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor.
Article 182. Authorities
1. The United Kingdom, in respect of Gibraltar, and the Member States shall each notify to the Specialised Committee on the Circulation of Persons a central authority to be responsible for sending and answering requests made under this Chapter, the execution of such requests or their transmission to the authorities competent for their execution.
2. The Union may designate a Union body which may, in addition to the competent authorities of the Member States, make and, if appropriate, execute requests under this Chapter. Any such request is to be treated for the purposes of this Chapter as a request by a Member State. The Union may also designate that Union body as the central authority responsible for the purpose of sending and answering requests made under this Chapter by, or to, that body.
Article 183. Communication
1. Article 6(1) shall apply only in relation to initial requests made under this Chapter, which shall be transmitted in accordance with that Article.
2. Subject to paragraph 1, the central authorities shall communicate directly with one another.
3. Subject to paragraph 1, in urgent cases, requests or communications under this Chapter may be sent directly by the judicial authorities of the requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor, to judicial authorities of the United Kingdom, in respect of Gibraltar, if it is the requested actor or the requested Member State. In such cases, a copy shall be sent at the same time to the central authority of the requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor through the central authority of the United Kingdom, in respect of Gibraltar, if it is the requesting actor or the requesting Member State.
4. Where a request is made pursuant to paragraph 3 and the authority is not competent to deal with the request, it shall refer the request to the competent domestic authority and shall directly inform the requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor that it has done so.
5. Subject to paragraph 1, requests or communications under Articles 164 to 168, which do not involve action which is coercive, may be directly transmitted by the competent authorities of the requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor to the United Kingdom, in respect of Gibraltar, if it is the requested actor or the requested Member State.
6. Draft requests or communications under this Chapter may be sent directly by the judicial authorities of the requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor to the judicial authorities of the United Kingdom, in respect of Gibraltar, if it is the requested actor or the requested Member State prior to a formal request to ensure that the formal request can be dealt with efficiently upon receipt and that it contains sufficient information and supporting documentation for it to meet the requirements of the law of the United Kingdom, in respect of Gibraltar, if it is the requested actor or the requested Member State.
Article 184. Form of Request and Languages
1. All requests under this Chapter shall be made in writing. They may be transmitted electronically, or by any other means of telecommunication, provided that the requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor, is prepared, upon request, to produce a written record of such communication and the original at any time.
2. Requests under paragraph 1 shall be made in one of the official languages of the requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor or in any other language notified by or on behalf of the requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor in accordance with paragraph 3.
3. The United Kingdom, in respect of Gibraltar, and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on the Circulation of Persons of the language or languages which, in addition to the official language or languages of that Member State or of the United Kingdom, in respect of Gibraltar, may be used for making requests under this Chapter.
4. Requests under Article 169 for provisional measures shall be made using the using the prescribed form at Annex 16.
5. Requests under Article 171 for confiscation shall be made using the prescribed form at Annex 16.
6. The Specialised Committee on the Circulation of Persons may amend the forms in Annex 16, referred to in paragraphs 4 and 5, as may be necessary.
7. The Specialised Committee on the Circulation of Persons shall adopt any modifications to the forms in Annex 16 as may be necessary to reflect changes made to Annex 46 of the Trade and Cooperation Agreement.
8. The United Kingdom, in respect of Gibraltar, and the Union, acting on behalf of any of its Member States may each notify the Specialised Committee on the Circulation of Persons that it requires the translation of any supporting documents into one of the official languages of the requested Member State or of the United Kingdom, in respect of Gibraltar, or any other language indicated in accordance with paragraph 3. In the case of requests pursuant to Article 169(4), such translation of supporting documents may be provided to the requested Member State or to the United Kingdom, in respect of Gibraltar, if it is the requested actor within 48 hours after transmitting the request, without prejudice to the time limits provided for in Article 169(4).
Article 185. Legalisation
Documents transmitted in application of this Chapter shall be exempt from all legalisation formalities.
Article 186. Content of Request
1. Any request for cooperation under this Chapter shall specify:
(a) the authority making the request and the authority carrying out the investigations or proceedings;
(b) the object of and the reason for the request;
(c) the matters, including the relevant facts (such as date, place and circumstances of the offence) to which the investigations or proceedings relate, except in the case of a request for notification;
(d) insofar as the cooperation involves action which is coercive:
(i) the text of the statutory provisions or, where that is not possible, a statement of the relevant applicable law; and
(ii) an indication that the measure sought or any other measures having similar effects could be taken in the jurisdiction of the requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor, under its own domestic law;
(e) where necessary and in so far as possible:
(i) details of the person or persons concerned, including name, date and place of birth, nationality and location, and, in the case of a legal person, its seat; and
(ii) the property in relation to which cooperation is sought, its location, its connection with the person or persons concerned, any connection with the offence, as well as any available information about other persons, interests in the property; and
(f) any particular procedure the requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor, wishes to be followed.
2. A request for provisional measures under Article 169 in relation to seizure of property on which a confiscation order consisting of the requirement to pay a sum of money may be realised shall also indicate a maximum amount for which recovery is sought in that property.
3. In addition to the information referred to in paragraph 1 of this Article, any request under Article 171 shall contain:
(a) in the case of point (a) of Article 171(1):
(i) a certified true copy of the confiscation order made by the court in the requesting Member State or in Gibraltar, if the United Kingdom, in respect of Gibraltar, is the requesting actor, and a statement of the grounds on the basis of which the order was made, if they are not indicated in the order itself;
(ii) an attestation by the requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor, that the confiscation order is enforceable and not subject to ordinary means of appeal;
(iii) information as to the extent to which the enforcement of the order is requested; and
(iv) information as to the necessity of taking any provisional measures;
(b) in the case of point (b) of Article 171(1), a statement of the facts relied upon by the requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor, sufficient to enable the United Kingdom, in respect of Gibraltar, if it is the requested actor, or the requested Member State to seek the order under its domestic law;
(c) where third parties have had the opportunity to claim rights, documents demonstrating that this has been the case.
Article 187. Defective Requests
1. If a request does not comply with the provisions of this Chapter or the information supplied is not sufficient to enable the requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor, to deal with the request, that Member State or the United Kingdom, in respect of Gibraltar, may ask the United Kingdom, in respect of Gibraltar, if it is the requesting actor, or the requesting Member State to amend the request or to complete it with additional information.
2. The requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor, may set a time limit for the receipt of such amendments or information.
3. Pending receipt of the requested amendments or information in relation to a request under Article 171, the requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor, may take any of the measures referred to in Articles 164 to 170.
Article 188. Plurality of Requests
1. Where the requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor, receives more than one request under Article 169 or Article 171 in respect of the same person or property, the plurality of requests shall not prevent that Member State or the United Kingdom, in respect of Gibraltar, from dealing with the requests involving the taking of provisional measures.
2. In the case of a plurality of requests under 171, the requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor, shall consider consulting the United Kingdom, in respect of Gibraltar, if it is the requesting actor, or the requesting Member State.
Article 189. Obligation to Give Reasons
The requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor, shall give reasons for any decision to refuse, postpone or make conditional any cooperation under this Chapter.
Article 190. Information
1. The requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor, shall promptly inform the United Kingdom, in respect of Gibraltar, if it is the requesting actor, or the requesting Member State of:
(a) the action initiated on the basis of a request under this Chapter;
(b) the final result of the action carried out on the basis of a request under this Chapter;
(c) a decision to refuse, postpone or make conditional, in whole or in part, any cooperation under this Chapter;
(d) any circumstances which render impossible the carrying out of the action sought or are likely to delay it significantly; and
(e) in the event of provisional measures taken pursuant to a request under Articles 164 to Article 169, such provisions of its domestic law as would automatically lead to the lifting of the provisional measure.
2. The requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor, shall promptly inform the United Kingdom, in respect of Gibraltar, if it is the requested actor, or the requested Member State of:
(a) any review, decision or any other fact by reason of which the confiscation order ceases to be wholly or partially enforceable; and
(b) any development, factual or legal, by reason of which any action under this Chapter is no longer justified.
3. Where the United Kingdom, in respect of Gibraltar, on the basis of the same confiscation order, requests confiscation in more than one Member State, it shall inform all Member States which are affected by the enforcement of the order about the request.
4. Where a Member State, on the basis of the same confiscation order, requests confiscation in the United Kingdom, in respect of Gibraltar, and in one or more Member States, it shall inform the United Kingdom, in respect of Gibraltar, and all Member States which are affected by the enforcement of the order about the request.
Article 191. Restriction of Use
1. The requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor, may make the execution of a request dependent on the condition that the information or evidence obtained is not, without its prior consent, to be used or transmitted by the United Kingdom, in respect of Gibraltar, if it is the requesting actor, or the requesting Member State for investigations or proceedings other than those specified in the request.
2. Without the prior consent of the requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor, information or evidence provided by it under this Chapter shall not be used or transmitted by the United Kingdom, in respect of Gibraltar, if it is the requesting actor, or the requesting Member State in investigations or proceedings other than those specified in the request.
3. Personal data communicated under this Chapter may be used by the Member State to which they have been transferred or by the United Kingdom, in respect of Gibraltar, if transferred to it:
(a) for the purposes of proceedings to which this Chapter applies;
(b) for other judicial and administrative proceedings directly related to proceedings referred to under point (a);
(c) for preventing an immediate and serious threat to public security; or
(d) for any other purpose, only with the prior consent of the communicating Member State or the United Kingdom, in respect of Gibraltar, if it made the communication, unless the Member State concerned or the United Kingdom, in respect of Gibraltar, as the case may be, has obtained the consent of the data subject.
4. This Article shall also apply to personal data not communicated but obtained otherwise under this Chapter.
5. This Article does not apply to personal data obtained by the United Kingdom, in respect of Gibraltar, or a Member State under this Chapter and, in the case of the United Kingdom, originating from Gibraltar or, in the case of a Member State, originating from that Member State.
Article 192. Confidentiality
1. The requesting Member State or the United Kingdom, in respect of Gibraltar, may require that the United Kingdom, in respect of Gibraltar, if it is the requested actor, or the requested Member State keep confidential the facts and substance of the request, except to the extent necessary to execute the request. If the requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor, cannot comply with the requirement of confidentiality, it shall promptly inform the requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor.
2. The requesting Member State or the United Kingdom, in respect of Gibraltar, if it is the requesting actor, shall, if not contrary to basic principles of its domestic law and if so requested, keep confidential any evidence and information provided by the United Kingdom, in respect of Gibraltar, if it is the requested actor, or the requested Member State, except to the extent that its disclosure is necessary for the investigations or proceedings described in the request.
3. Subject to the provisions of its domestic law, a Member State or the United Kingdom, in respect of Gibraltar, which has received spontaneous information under Article 168 shall comply with any requirement of confidentiality as required by the Member State which supplies the information or the United Kingdom, in respect of Gibraltar, if it is the supplier. If the receiving Member State or the United Kingdom, in respect of Gibraltar, if it is the recipient of the information, cannot comply with such a requirement, it shall promptly inform the United Kingdom, in respect of Gibraltar, if it is the one transmitting the information, or the transmitting Member State.
Article 193. Costs
The ordinary costs of complying with a request shall be borne by the requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor. Where costs of a substantial or extraordinary nature are necessary to comply with a request, the requesting and requested actors shall consult in order to decide the conditions on which the request is to be executed and how the costs will be borne.
Article 194. Damages
1. Where legal action on liability for damages resulting from an act or omission in relation to cooperation under this Chapter has been initiated by a person, the Member States concerned or the United Kingdom, in respect of Gibraltar, as the case may be, shall consider consulting each other, where appropriate, to determine how to apportion any sum of damages due.
2. Where the United Kingdom, in respect of Gibraltar, or a Member State has become the subject of litigation for damages, it shall endeavour to inform the other Member State(s) or the United Kingdom, in respect of Gibraltar, of such litigation if they might have an interest in the case.
Article 195. Legal Remedies
1. The United Kingdom, in respect of Gibraltar, and the Member States shall ensure that persons affected by measures under Articles 169 to 172 have effective legal remedies in order to preserve their rights.
2. The substantive reasons for requested measures under Articles 169 to 172 shall not be challenged before a court in the requested Member State or in Gibraltar, if the United Kingdom, in respect of Gibraltar, is the requested actor.
Title VI. ANTI-MONEY LAUNDERING AND COUNTER-TERRORIST FINANCING
Article 196. Objective
The objective of this Title is to support and strengthen action by the United Kingdom, in respect of Gibraltar, and the Union to prevent and combat money laundering and terrorist financing.
Article 197. Principles
1. The Parties agree to support international efforts to prevent and combat money laundering and terrorist financing.
2. The Parties recognise the need to cooperate in preventing the use of their financial systems to launder the proceeds of all criminal activity, including drug trafficking and corruption, and to combat terrorist financing.
3. The Parties recognise the importance of information exchange in relation to money laundering, associated predicate offences and terrorist financing.
4. The Parties recognise the need to take into account the standards and recommendations of the Financial Action Task Force in their respective anti-money laundering and counter-terrorist financing regimes.
Article 198. Non-regression from Existing Measures to Prevent and Combat Money Laundering and Terrorist Financing
1. The Parties affirm the right of each Party to set its policies and priorities in the areas covered by this Chapter, to determine the levels necessary to prevent and combat money laundering and terrorist financing it deems appropriate and to adopt and modify its law and policies in a manner consistent with each Party's international commitments, including those under this Title.
2. The United Kingdom, in respect of Gibraltar, shall not weaken or reduce its anti-money laundering and terrorist financing measures below the levels in place in the Union by the entry into force of the Agreement listed in Annex 17, including by failing to effectively enforce its law and standards.
3. The Parties shall continue to strive to increase their respective anti-money laundering and terrorist financing protection level referred to in this Title.
4. The Parties shall regularly review the need to enhance the measures to prevent and combat money laundering and terrorist financing referred to in paragraph 2, as well as every time one Party amends its legislation and affects protection in a manner incompatible with this Title.
5. In case differences in level playing field between the Parties, leading to distortions in the prevention of money laundering and terrorist financing, are arising as a result of significant divergences between the Parties in their domestic legislation, a consultation within the Specialised Committee on Circulation of Persons shall take place with a view to finding a mutually satisfactory resolution to the matter within 45 days.
6. If no mutually satisfactory resolution has been found during the consultation referred to in paragraph 5, either Party may take appropriate rebalancing measures to address the situation. Such measures shall be restricted with respect to their scope and duration to what is strictly necessary and proportionate in order to remedy the situation. Priority shall be given to such measures as will least disturb the functioning of this Agreement. A Party's assessment of those impacts shall be based on reliable evidence and not merely on conjecture or remote possibility.
Part THREE. ECONOMY AND TRADE
Title I. LEVEL PLAYING FIELD FOR OPEN AND FAIR COMPETITION AND SUSTAINABLE DEVELOPMENT
Chapter 1. GENERAL PRINCIPLES
Article 199. Principles and Objectives
1. The Parties recognise that trade and investment between the Union and the United Kingdom, in respect of Gibraltar, under the terms set out in this Agreement, require conditions that ensure a level playing field for open and fair competition between the Parties and that ensure that trade and investment take place in a manner conducive to sustainable development.
2. The Parties recognise that sustainable development encompasses economic development, social development and environmental protection, all three being interdependent and mutually reinforcing, and affirm their commitment to promoting the development of international trade and investment in a way that contributes to the objective of sustainable development.
3. Each Party reaffirms its ambition of achieving economy-wide climate neutrality by 2050.
4. The Parties affirm their common understanding that their economic relationship, as it pertains to Gibraltar, can only deliver benefits in a mutually satisfactory way if the commitments relating to a level playing field for open and fair competition stand the test of time, by preventing distortions of trade or investment, and by contributing to sustainable development. The Parties are determined to maintain and improve their respective high standards in the areas covered by this Title.
5. The Specialised Committee on Economy and Trade may include additional areas or lay down higher standards than those referred to in paragraph 4 with a view to ensuring the maintenance of a level playing field between the Parties over time.
Article 200. Right to Regulate, Precautionary Principle and Scientific and Technical Information
1. The Parties affirm the right of each Party to set its policies and priorities in the areas covered by this Title, to determine the levels of protection it deems appropriate and to adopt or modify its law and policies in a manner consistent with each Party's international commitments, including its commitments under this Title.
2. The Parties acknowledge that, in accordance with the precautionary principle, where there are reasonable grounds for concern that there are potential threats of serious or irreversible damage to the environment or human health, the lack of full scientific certainty shall not be used as a reason for preventing a Party from adopting appropriate measures to prevent such damage.
3. When preparing or implementing measures aimed at protecting the environment or labour conditions that may affect trade or investment, each Party shall take into account relevant and available scientific and technical information, international standards, guidelines and recommendations.
Chapter 2. STATE AID CONTROL
Article 201. Substantive Rules
1. This Chapter and Annex 18 apply to state aid granted by the United Kingdom, in respect of Gibraltar, to one or more economic actors that:
(a) produce, transform or supply goods and the aid has, or could have, an effect on trade or investment between the Union and Gibraltar; or
(b) are engaged in the provision of services insofar as the aid has, or could have, an effect on trade in goods or investment between the Union and Gibraltar.
2. The Union is committed to maintaining its State aid control system in accordance with Articles 93, 106, 107 and 108 of the Treaty on the Functioning of the European Union, applying it, where relevant, to any aid that has, or could have, an effect on trade in goods or investment between the Union and Gibraltar.
Article 202. Exceptions
This Chapter does not apply to state aid:
(a) covered by Part IV or Annex 2 of the Agreement on Agriculture, part of Annex 1A to the WTO Agreement;
(b) related to trade in fish and fish products; or related to the audio-visual sector.
Article 203. Transparency
1. With respect to any state aid granted or maintained within its territory, each Party shall within six months from the granting of the state aid make publicly available, on an official website or a public database, the following information:
(a) the legal basis and policy objective or purpose of the state aid;
(b) the name of the recipient of the state aid where available;
(c) the date of the grant of the state aid, the duration of the state aid and any other time limits attached to the state aid; and
(d) the amount of the state aid or the amount budgeted for the state aid.
2. For state aid in the form of tax measures, information shall be made public within one year from the date the tax declaration is due. The transparency obligations for state aid in the form of tax measures concern the same information as listed in paragraph 1, except for the information required under point (d) of that paragraph, which may be provided as a range.
3. The obligations in this Article are without prejudice to the obligations of the Parties under their respective laws concerning the freedom of information or access to documents.
Article 204. Use of State Aid
Each Party shall ensure that economic actors use state aid only for the specific purpose for which it is granted.
Article 205. Independent Authority and Cooperation
1. Each Party shall establish or maintain an operationally independent authority or body with an appropriate role in its state aid control system. That independent authority or body shall have the necessary guarantees of independence in exercising its operational functions and shall act impartially.
2. Each Party shall ensure that any intended measure to grant or alter state aid is notified to their respective independent authority or body and that such intended measure is not put into effect before the independent authority or body has authorised it.
3. A Party may exempt certain categories of state aid from the obligations laid down in the second paragraph, provided that such exemptions are transparent and based on objective criteria such as, but not limited to, the size of the beneficiaries and quantitative thresholds. In the case of the United Kingdom, in respect of Gibraltar, such exemptions shall comply with Annex 18.
4. Each Party shall ensure that its independent authority or body has the power to order recovery of any state aid granted without prior authorisation by the independent authority or body.
5. Each Party shall encourage its independent authority or body to cooperate with the other Party's independent authority or body on issues of common interest within their respective functions, including the application of Articles 201 to 204 as applicable, within the limits established by their respective legal frameworks. The Parties, or their respective independent authorities or bodies, may agree upon a separate framework regarding cooperation between those independent authorities or bodies.
6. Paragraph 2 shall not apply to any intended measure to grant or alter state aid referred to in Article 201 by an Act of the Gibraltar Parliament. The United Kingdom, in respect of Gibraltar, shall ensure that any such intended measure is notified to its independent authority or body. The United Kingdom, in respect of Gibraltar, shall ensure that its independent authority or body has the power to issue an opinion on any such intended measure. The United Kingdom, in respect of Gibraltar, shall have regard to such an opinion and, where applicable, propose amendments to the Act in question for the Gibraltar Parliament to consider.
7. Paragraph 4 shall not apply to any measure to grant or alter state aid referred to in Article 201 by an Act of the Gibraltar Parliament. The United Kingdom, in respect of Gibraltar, shall ensure that its independent authority or body has the power to issue an opinion on any such measure. The United Kingdom, in respect of Gibraltar, shall have regard to such an opinion and, where applicable, propose amendments to the Act in question for the Gibraltar Parliament to consider.
Article 206. Courts and Tribunals
1. Each Party shall ensure that, in accordance with its constitutional order, its courts or tribunals are competent to:
(a) review decisions on state aid taken by a granting authority or, where relevant, the independent authority or body, in accordance with its state aid control system;
(b) review any other relevant decisions of the independent authority or body and any relevant failure to act;
(c) impose remedies that are effective, in relation to point (a) or (b), including the suspension, prohibition or requirement of action by the granting authority, the award of damages, and the recovery of a state aid from its beneficiary with interest.
(d) hear claims from interested parties in respect of state aid where that interested party has standing to bring a claim in respect of a state aid under that Party's law.