Council Decision (EU) 2026/1732 of 1 July 2026 on the signing, on behalf of the Union, and provisional application of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part

• CELEX: Decision (EU) 2026/1732
• Articles: 10

Article 1

The signing, as regards matters other than those falling under the Treaty establishing the European Atomic Energy Community, of the Agreement in respect of Gibraltar between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part  ( 2 ) (the ‘Agreement’) on behalf of the Union is hereby authorised, subject to the conclusion of that Agreement.

Article 2

1.   The Commission shall represent the Union within the Cooperation Council and the Specialised Committees set up pursuant to Articles 22 and 23 of the Agreement.

2.   Each Member State, in particular Spain, shall be allowed to send one representative to accompany the Commission representative, as part of the Union delegation, in meetings of the Cooperation Council and of the Specialised Committees established under the Agreement.

3.   In order for the Council to be in a position to exercise fully its policy-making, coordinating and decision-making functions in accordance with the Treaties, in particular by establishing the positions to be taken on behalf of the Union within the Cooperation Council and the Specialised Committees established under the Agreement, the Commission shall ensure that the Council receives all the information and documents related to any meeting of those joint bodies or to any acts to be adopted by written procedure sufficiently in advance of that meeting or that usage of written procedure, and in any case not later than 8 working days prior to that meeting or that usage of written procedure.

The Council shall also be informed in a timely manner about the discussions and the outcome of the meetings of the Cooperation Council and the Specialised Committees established under the Agreement and the usage of written procedure, and shall receive draft minutes and all documents relating to such meetings or usage of written procedure.

4.   The Commission shall inform the European Parliament, where appropriate.

Article 3

1.   The positions to be adopted on behalf of the Union within the Specialised Committees established by Article 23(1) of the Agreement as regards decisions of those Committees merely extending the application of Union legal acts to the United Kingdom, in respect of Gibraltar, subject to any technical adjustments needed, shall be adopted by the Commission.

2.   The positions to be adopted on behalf of the Union within the Specialised Committees established by Article 23(1) of the Agreement as regards decisions of those Committees on technical modifications to the Agreement pursuant to Article 75(3), Article 92(3), Article 123(2), Article 125(2), Article 154(3), Article 184(7), Article 257(5) and Article 283(5), points (a) and (d), of the Agreement shall be adopted by the Commission.

Article 4

1.   Any decision of the Union to take the following measures under the Agreement shall be taken by the Commission in accordance with the conditions set out in the corresponding provisions of the Agreement:

(a)

the suspension of the implementation of obligations in accordance with Article 67;

(b)

the application of rebalancing measures as set out in Article 198(6);

(c)

the application of remedial measures as set out in Article 209(3);

(d)

the use of the safeguard procedure provided for in Article 249;

(e)

the suspension of the implementation of obligations in accordance with Article 252(2) or application of measures as set out in Article 252(3);

(f)

the application of remedial measures as set out in Article 284.

2.   The Commission shall inform the Council in a timely manner of its intention to adopt any of the measures referred to in paragraph 1 with a view to allowing a meaningful exchange of views in the Council. The Commission shall take the utmost account of the views expressed. The Commission shall also inform the European Parliament, where appropriate.

3.   The Commission may adopt measures reinstating the rights and obligations under the Agreement as they existed prior to the adoption of measures referred to in paragraph 1. Paragraph 2 shall apply mutatis mutandis .

Article 5

Before adopting any decision on the basis of this Decision, and before making any proposals to the Council in relation to the Agreement, the Commission shall consult Spain.

Article 6

1.   Spain shall inform the Council and the Commission in advance of the suspension or termination of the implementation plan referred to in Article 7 of the Agreement (the ‘implementation plan’) or of the administrative arrangements referred to in Articles 29, 33, 38, 55, 56, 251, 260 and 265 of the Agreement and in the Protocol on Social Security Coordination (the ‘administrative arrangements’) with a view to allowing a meaningful exchange of views in the Council prior to such suspension or termination. Spain shall take account of the views expressed.

2.   Spain shall inform the Council and the Commission of the suspension or termination by the United Kingdom of the implementation plan or of the administrative arrangements.

Article 7

The exercise of Union competence through the Agreement shall be without prejudice to the respective competences of the Union and of the Member States in any ongoing or future negotiations for, or signature or conclusion of, international agreements with any other third country, or in relation to any future negotiations for, or signature or conclusion of, any supplementing agreements referred to in Article 4 of the Agreement.

Article 8

1.   Spain shall notify the Commission of the fact that the implementation plan and the administrative arrangements are in effect and have been fully implemented.

2.   Provided that the Agreement has been signed and the conditions set out in Article 336(2) thereof are fulfilled, the Agreement shall be applied on a provisional basis as from 15 July 2026, pending its entry into force.

3.   The Union shall notify the United Kingdom, in respect of Gibraltar, of the completion of the Union’s internal requirements and procedures necessary for the provisional application provided that, prior to the date referred in paragraph 2, the United Kingdom, in respect of Gibraltar, has notified the Union that its internal requirements and procedures necessary for the provisional application have been completed.

Article 9

1.   The following declarations attached to this Decision are hereby approved:

(a)

Joint Declaration on the interpretation of the category of persons travelling for the purpose of carrying out a paid activity as provided for in Article 41(2) of the Agreement;

(b)

Joint Political Declaration on countering harmful tax regimes;

(c)

Joint Declaration of the European Union and the United Kingdom relative to Article 152(1) of the Agreement.

2.   The Council approves the text proposed by the Commission for a declaration on supplementing Gibraltar’s road transport connectivity.

3.   The Council takes note of the United Kingdom Declaration regarding a mirror agreement between the Schengen associates and the United Kingdom.

Article 10

This Decision shall enter into force on the date of its adoption.