Gibraltar

Gibraltar is a colony. Since the 1960s, it has been on the United Nations list of "non-self-governing territories pending decolonisation". This colonial vestige is incompatible with Resolution 1514 (XV) ,of 1960, on decolonisation. The United Nations has pointed out that, in the Gibraltar decolonisation process, the applicable principle is not that of self-determination of peoples but that of restitution of Spain's territorial integrity. Spain has repeatedly asked the United Kingdom to enter into negotiations, in compliance with the provisions of the United Nations since 1965, in order to reach a definitive solution to this dispute.

The history of Gibraltar

Gibraltar was ceded to the UK under the Treaty of Utrecht. However, only "the city and castle of Gibraltar together with its port, defences and fortresses belonging to it" were ceded. The isthmus, like the adjacent waters or the overlying airspace, was not ceded by Spain and has always remained under Spanish sovereignty. The continued de facto British occupation does not meet the requirements of international law for the acquisition of sovereignty. That is why Spain has always stressed that the occupation of the isthmus is illegal and contrary to international law, and has therefore always demanded its unconditional return. Spain does not recognise the occupation of the isthmus or the fence as a border.

The main documents relating to the Gibraltar dispute are as follows:

• The Treaty of Utrecht. Signed on 13 July 1713, Article X cedes to the British Crown "the full and entire ownership of the city and castle of Gibraltar, together with its port, defences and fortresses belonging to it.
• Resolution 2070 of the 20th UN General Assembly. Adopted on 16 December 1965, it invites for the first time the governments of Spain and the United Kingdom to begin talks without delay on the sovereignty of Gibraltar.
• Resolution 2353 of the 22nd UN General Assembly. Adopted on 19 December 1967, it states that any colonial situation which partially or totally destroys the national unity and territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations and specifically with paragraph 6 of General Assembly Resolution 1514 (XV) on general decolonisation.
• Resolution 2429 of the 23rd UN General Assembly​. Adopted on 18 December 1968, it called on the UK to end the colonial status of Gibraltar by 1 October 1969.
• The Lisbon Declaration. Signed on 10 April 1980, it reflects the commitment of the two governments to resolve the Gibraltar issue in a spirit of friendship and in accordance with the relevant United Nations resolutions.
• The Brussels Declaration. Signed on 27 November 1984, it lays the foundations for a new negotiating process including sovereignty issues.
  

What is the situation of Gibraltar following Brexit​?

Spain has invited the United Kingdom on multiple occasions to resume bilateral negotiations on matters of sovereignty, at the earliest opportunity.

The United Kingdom's withdrawal from the European Union necessarily entailed Gibraltar also leaving. After the Brexit process was completed, negotiations were started to reach an agreement regulating the relationship between the European Union and the United Kingdom in respect of Gibraltar, and further developing the provisions of the accord known as the 2020 New Year's Eve Agreement.

On 11 June 2025, Minister José Manuel Albares announced a final political agreement on Gibraltar, following the successful conclusion of negotiations in Brussels with European Commissioner Maroš Šefčovič and the British Foreign Secretary, David Lammy.

On 26 February 2026, the text of the Agreement between the European Union and the United Kingdom in respect of Gibraltar was published and the European Union began the process for its ratification.

The text of the Agreement sets out a comprehensive legal framework to foster economic development, strengthen social guarantees and bolster cooperation between the Parties, while Spain maintains its claim to sovereignty intact.

The Agreement provides for the removal of all physical barriers to and checks and controls on the movement of persons and goods between Spain and Gibraltar, thereby removing the last border fence in continental Europe.

As regards the circulation of persons, Gibraltar will remain connected to the Schengen Area, without becoming part of it. Spain will be responsible for applying the Schengen acquis by means of checks conducted by the Spanish police of persons entering Gibraltar by port or airport. The removal of the border fence—and therefore of passport controls between the two territories—will particularly benefit the close to 15,000 frontier workers who cross between them on a daily basis. The Spanish authorities will have the final say regarding the issue and renewal of permits to reside in Gibraltar.

As regards goods, a customs union will be established between the EU and the United Kingdom, in respect of Gibraltar, with the respective customs authorities continuing to work in close collaboration. Controls of goods will be removed and indirect taxation and excise duties will be aligned to prevent distortions and contribute to the prosperity of the entire region. Spain’s customs authorities will be responsible for clearing goods entering or leaving Gibraltar. Luggage checks will be established for persons travelling to the European Union and Gibraltar, guaranteeing security and compliance with EU regulations.

The Agreement includes measures to ensure alignment of indirect taxation on goods. Gibraltar will introduce an indirect tax equivalent to VAT (“transaction tax”), which will be started at 15% upon the entry into force of the Agreement and increased over a three-year period until alignment is fully achieved. The Agreement includes specific provisions in line with EU regulations on tobacco. These measures seek to avoid economic distortions and level the playing field across the region.

The Agreement also includes commitments to ensure a level playing field as regards State aid, taxation, labour standards, trade, sustainable development, anti-money laundering and transport.

In addition, the Agreement provides for adaptation to EU environmental law and for the creation of a joint environmental impact assessment mechanism. The Agreement ensures compliance with European environmental standards, strengthening protection of the shared natural environment.

A financial mechanism to be created under the Agreement will promote cohesion and support training and employment in the region. Social security coordination is another area that will be strengthened by the Agreement, with specific protections for frontier workers.

Spain will perform a key role in the application of the Agreement, including with respect to remedial measures such as the suspension of its application, the application of safeguards, or termination of the Agreement.

The Agreement marks the beginning of a new era for the more than 300,000 Andalusians living in Campo de Gibraltar, by fostering economic opportunities, institutional stability and prospects in a region that is strategic both for Spain and for Europe. It represents a decisive step towards a shared space of prosperity, cooperation and trust, cementing a relationship model that prioritizes the well-being of the population and the stability of the region.​​​

The Minister of Foreign Affairs, European Union and Cooperation, José Manuel Albares, at the meeting with the mayors of Campo de Gibraltar and the Junta de Andalucía following the agreement between Spain, the United Kingdom and the European Union on Gibraltar​​​​
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​Full text of the Agreement in respect of Gibraltar