EU-UK Treaty Finalized, Clearing Path for Gibraltar Border Fence Removal

The final legal text of the comprehensive Treaty between the European Union and the United Kingdom concerning Gibraltar was formally published at the close of February 2026, concluding years of post-Brexit negotiations for the British Overseas Territory. This framework is fundamentally designed to establish an integrated zone of prosperity and legal certainty, while crucially preserving the integrity of the Schengen Area and the EU single market.

The agreement’s core objective is the definitive removal of the physical border fence, known as 'La Verja,' which has separated the Rock from La Línea de la Concepción in Spain's Cádiz province. Spanish Foreign Minister José Manuel Albares hailed this move as the disappearance of “the last wall in continental Europe.” The established timeline anticipates the agreement entering into provisional force on April 10, 2026, pending necessary parliamentary ratification in both the UK and the European Parliament. The published documentation comprises 336 articles, detailing a new operational reality for the territory, which was notably excluded from the initial 2021 EU-UK Trade and Cooperation Agreement.

This finalization resolves the last major unresolved post-Brexit issue, providing immediate certainty for the approximately 15,000 individuals who transit the frontier daily for work. The structure for managing the border shifts Schengen checks to Gibraltar’s port and airport, implementing a 'double key' system where Spanish agents conduct checks on behalf of the EU alongside Gibraltar authorities. This relocation of controls is timed to preempt the launch of the EU's Entry/Exit System (EES) on April 10, which would have otherwise imposed mandatory biometric scans on all third-country travelers.

This dual control model, inspired by the system utilized by French police at St. Pancras station for Eurostar passengers, grants Spanish police officers the final determination on entry to the territory under Schengen protocols. Institutions involved—the European Union, the United Kingdom, Spain, and the Government of Gibraltar—worked to secure the arrangement. Gibraltar’s Chief Minister, Fabián Picardo, stated unequivocally that the deal protects their sovereignty position and safeguards the economy. Spain retains a role in border control, underscoring national security considerations, while the agreement explicitly states it does not affect Gibraltar’s sovereignty, a commitment reinforced by the UK’s 'double lock' pledge.

Furthermore, the framework establishes a bespoke customs model, eliminating tariffs and quotas on goods, though Gibraltar will introduce a 15 percent import tax, rising to 17 percent in 2028, ending its historical absence of VAT. Politically, the Spanish government views the deal as historic for the Campo de Gibraltar region, with Vice President María Jesús Montero noting it fulfills a “historical aspiration.” Conversely, the opposition in Madrid has condemned the agreement as a political concession. The framework also establishes a Cooperation Council to oversee implementation and dialogue, with sovereignty matters expressly excluded from the remit of specialized committees where Spain participates.