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[Politics](https://theweek.com/uk/politics) [the explainer](https://theweek.com/uk/the-explainer) # Between the Rock and a hard place: Gibraltar’s new post-Brexit rules The UK government will hope that relaxing the land border between Gibraltar and Spain will clear up the ‘last major unresolved issue from Brexit’ By [Will Barker, The Week UK](https://theweek.com/uk/author/will-barker-the-week-uk) published 27 February 2026  Gibraltar was ceded by Spain to the UK in 1713 under the Treaty of Utrecht (Image credit: Oliver J Davis Photography / Getty Images) Share - Copy link - [Facebook](https://www.facebook.com/sharer/sharer.php?u=https%3A%2F%2Ftheweek.com%2Fpolitics%2Fgibraltar-treaty-eu-schengen-spain-uk) - [X](https://twitter.com/intent/tweet?text=Between+the+Rock+and+a+hard+place%3A+Gibraltar%E2%80%99s+new+post-Brexit+rules&url=https%3A%2F%2Ftheweek.com%2Fpolitics%2Fgibraltar-treaty-eu-schengen-spain-uk) - [Linkedin](https://www.linkedin.com/shareArticle?mini=true&url=https%3A%2F%2Ftheweek.com%2Fpolitics%2Fgibraltar-treaty-eu-schengen-spain-uk&title=Between+the+Rock+and+a+hard+place%3A+Gibraltar%E2%80%99s+new+post-Brexit+rules&source=theweek.com) - [Whatsapp](whatsapp://send?text=Between+the+Rock+and+a+hard+place%3A+Gibraltar%E2%80%99s+new+post-Brexit+rules+https%3A%2F%2Ftheweek.com%2Fpolitics%2Fgibraltar-treaty-eu-schengen-spain-uk?fwa) - [Pinterest](https://pinterest.com/pin/create/button/?url=https%3A%2F%2Ftheweek.com%2Fpolitics%2Fgibraltar-treaty-eu-schengen-spain-uk&media=https%3A%2F%2Fcdn.mos.cms.futurecdn.net%2FbMWgSpoe7dFmpfLxP6dVGZ.jpg) Share this article Join the conversation [Follow us](https://google.com/preferences/source?q=theweek.com) Add us as a preferred source on Google Newsletter Sign up for Today's Best Articles in your inbox A free daily email with the biggest news stories of the day – and the best features from TheWeek.com *** By signing up, you agree to our [Terms of services](https://futureplc.com/terms-conditions/) and acknowledge that you have read our [Privacy Notice](https://futureplc.com/privacy-policy). You also agree to receive marketing emails from us that may include promotions from our trusted partners and sponsors, which you can unsubscribe from at any time. You are now subscribed Your newsletter sign-up was successful *** An account already exists for this email address, please log in. Subscribe to our newsletter The UK, Gibraltar and the EU are set to end “almost a decade of uncertainty for the British overseas territory since the Brexit referendum”, said London’s [The Standard](https://www.standard.co.uk/news/uk/british-travellers-checked-gibraltar-airport-brexit-spain-eu-b1272677.html). A [draft treaty](https://www.gov.uk/government/news/draft-treaty-published-to-secure-gibraltars-economic-future-and-protect-british-sovereignty) drawn up by the three governments aims to “protect British sovereignty, UK military autonomy and secure [Gibraltar](https://theweek.com/news/uk-news/961479/gibraltar-the-last-frontier-of-brexit)’s economic future”. Madrid will hope, however, that this deal drags the territory further towards Spanish control. ## What is in the treaty? Though not fully ratified, the draft treaty claims to tackle the “last major unresolved issue from [Brexit](https://theweek.com/uk/tag/brexit)”. Article continues below You may like - [ Why British dual citizens are facing new passport issues](https://theweek.com/culture-life/travel/british-dual-citizens-new-passport-rules) - [ Can Keir Starmer save the Chagos deal?](https://theweek.com/politics/keir-starmer-chagos-islands-deal-donald-trump) - [ EU-Mercosur mega trade deal: 25 years in the making](https://theweek.com/politics/eu-mercosur-mega-trade-deal-25-years-in-the-making) ## Savour the important news. Get unlimited access online, in app, or in print. [Start your free trial](https://theweek.com/subscription/brandsite?channel=Brandsite&utm_source=theweek.com&utm_medium=referral&utm_campaign=brandsite&utm_content=uk-article-page)  ## Sign up for The Week's Free Newsletters From our daily WeekDay news briefing to an award-winning Food & Drink email, get the best of The Week delivered directly to your inbox. From our daily WeekDay news briefing to an award-winning Food & Drink email, get the best of The Week delivered directly to your inbox. [Sign up](https://theweek.com/uk-newsletters) Latest Videos From The Week UK Under the new rules, the UK will allow Spanish border guards to check passports for those entering territory by air or sea. This means that these arrivals will present their passports to both British and Spanish authorities – in “dual border control checks” similar to those seen at Eurostar terminals at London’s St Pancras. In effect, this “shifts the EU’s external border from the between [Spain](https://theweek.com/business/economy/why-spains-economy-is-booming) and Gibraltar to the Rock’s points of arrival”, said [The Times](https://www.thetimes.com/world/europe/article/gibraltar-treaty-spain-uk-brexit-t9pg65gxz). Gibraltar will not become part of the EU, but residents will be able to pass into Spain freely, and vice versa. The “barbed-wire fence” separating Gibraltar from Spain is “expected to be dismantled” after more than a century to create a “fluid border” for people and goods. As a result, “the Rock effectively becomes part of the EU’s Schengen zone of passport-free movement”, said [The Telegraph](https://www.telegraph.co.uk/world-news/2026/02/25/gibraltar-british-but-must-follow-eu-rules-brexit-deal/). By removing the land border, the “deal protects Gibraltar residents and Spaniards from post-Brexit rules”, meaning they are no longer subject to the visa-free travel limit of 90 days every 180 days. In terms of customs, Gibraltar must now “align with EU single market rules” and be “subject to the jurisdiction of the European Court of Justice”. This means that “cigarettes and alcohol will no longer be as cheap on the Rock”. Gibraltar will keep its zero-VAT regime but a new “transaction tax” starting at 15% will apply to goods imported to the territory for sale. Sign up for Today's Best Articles in your inbox A free daily email with the biggest news stories of the day – and the best features from TheWeek.com By signing up, you agree to our [Terms of services](https://futureplc.com/terms-conditions/) and acknowledge that you have read our [Privacy Notice](https://futureplc.com/privacy-policy). You also agree to receive marketing emails from us that may include promotions from our trusted partners and sponsors, which you can unsubscribe from at any time. Crucially, the draft agreement does not affect sovereignty of the territory. According to the treaty, the UK will “never enter into arrangements” where sovereignty would pass to another state against the “freely and democratically expressed wishes” of the Gibraltarian people. ## Why now? Gibraltar was ceded by [Spain](https://theweek.com/uk/tag/spain) to the UK in 1713, under the Treaty of Utrecht, and the resident population is “heavily in favour of remaining a British overseas territory”, said [The Independent](https://www.independent.co.uk/news/uk/home-news/gibraltar-treaty-eu-uk-spain-brexit-b2928043.html). The last time Gibraltar voted on the issue of sharing sovereignty with Spain, in 2002, “almost 99% of Gibraltarians rejected the move”. Spain had been due to apply the [EU’s new automated “Entry/Exit” border system](https://theweek.com/personal-finance/the-etias-how-new-european-travel-rules-may-affect-you) from April, which would include biometric checks on the border with Gibraltar, said the [BBC](https://www.bbc.co.uk/news/articles/cgjz1x5e1xyo). If no agreement had been reached, there would have been “mandatory passport checks” at air, land and sea borders, which would “devastate Gibraltar’s economy”, lead to “endless” entry queues and cost “hundreds of millions a year” to UK taxpayers, according to the proposed treaty. What to read next - [ The UK expands its Hong Kong visa scheme](https://theweek.com/politics/uk-expands-hong-kong-visa-scheme) - [ The UK’s new steel tariff strategy](https://theweek.com/business/economy/uk-new-steel-tariff-strategy) - [ What do the people of Greenland want for their future?](https://theweek.com/world-news/people-of-greenland-future-denmark-trump) ## Who will it affect? Around 15,000 people – just under half of the territory’s 35,000 population – cross the border each day, mainly for work purposes. They will not need to have their passports checked and can pass through freely. ## What has the reaction been? The “safe and secure” proposals allow Gibraltar to “look to the future with confidence”, while “protecting our British way of life” and exploring “new opportunities for growth and prosperity”, said Fabian Picardo, the chief minister of Gibraltar. British and Spanish diplomats hope “the treaty will improve bilateral relations”, said The Standard. However, Spain wants to “strengthen” its “legal claim on the Rock, leading the way for Madrid to wield greater influence over the territory”. Some in the UK, meanwhile, may see the deal as an “erosion of sovereignty”. Any agreement that “hands Spain new powers over entry, residency, infrastructure or enforcement must be examined line by line by Parliament before it takes effect”, said shadow Foreign Office minister Wendy Morton. ## What will happen next? The treaty has been published in draft, so still needs to be reviewed by legal teams from all parties. Then it will have to be ratified by both the UK, Gibraltarian and European parliaments. “Gibraltar’s government says it is hoping to provisionally apply the deal from 10 April,” said the BBC. Explore More [Brexit](https://theweek.com/uk/tag/brexit) [Will Barker, The Week UK](https://theweek.com/uk/author/will-barker-the-week-uk) Will Barker joined The Week team as a staff writer in 2025, covering UK and global news and politics. He previously worked at the Financial Times and The Sun, contributing to the arts and world news desks, respectively. Before that, he achieved a gold-standard NCTJ Diploma at News Associates in Twickenham, with specialisms in media law and data journalism. While studying for his diploma, he also wrote for the South West Londoner, and channelled his passion for sport by reporting for The Cricket Paper. As an undergraduate of Merton College, University of Oxford, Will read English and French, and he also has an M.Phil in literary translation from Trinity College Dublin. Read more [ Travel Why British dual citizens are facing new passport issues](https://theweek.com/culture-life/travel/british-dual-citizens-new-passport-rules "Why British dual citizens are facing new passport issues") [ Politics Can Keir Starmer save the Chagos deal?](https://theweek.com/politics/keir-starmer-chagos-islands-deal-donald-trump "Can Keir Starmer save the Chagos deal?") 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The UK, Gibraltar and the EU are set to end “almost a decade of uncertainty for the British overseas territory since the Brexit referendum”, said London’s [The Standard](https://www.standard.co.uk/news/uk/british-travellers-checked-gibraltar-airport-brexit-spain-eu-b1272677.html). A [draft treaty](https://www.gov.uk/government/news/draft-treaty-published-to-secure-gibraltars-economic-future-and-protect-british-sovereignty) drawn up by the three governments aims to “protect British sovereignty, UK military autonomy and secure [Gibraltar](https://theweek.com/news/uk-news/961479/gibraltar-the-last-frontier-of-brexit)’s economic future”. Madrid will hope, however, that this deal drags the territory further towards Spanish control. ## What is in the treaty? Though not fully ratified, the draft treaty claims to tackle the “last major unresolved issue from [Brexit](https://theweek.com/uk/tag/brexit)”. Article continues below ## Savour the important news. Get unlimited access online, in app, or in print. [Start your free trial](https://theweek.com/subscription/brandsite?channel=Brandsite&utm_source=theweek.com&utm_medium=referral&utm_campaign=brandsite&utm_content=uk-article-page) ## Sign up for The Week's Free Newsletters From our daily WeekDay news briefing to an award-winning Food & Drink email, get the best of The Week delivered directly to your inbox. From our daily WeekDay news briefing to an award-winning Food & Drink email, get the best of The Week delivered directly to your inbox. Latest Videos From The Week UK Under the new rules, the UK will allow Spanish border guards to check passports for those entering territory by air or sea. This means that these arrivals will present their passports to both British and Spanish authorities – in “dual border control checks” similar to those seen at Eurostar terminals at London’s St Pancras. In effect, this “shifts the EU’s external border from the between [Spain](https://theweek.com/business/economy/why-spains-economy-is-booming) and Gibraltar to the Rock’s points of arrival”, said [The Times](https://www.thetimes.com/world/europe/article/gibraltar-treaty-spain-uk-brexit-t9pg65gxz). Gibraltar will not become part of the EU, but residents will be able to pass into Spain freely, and vice versa. The “barbed-wire fence” separating Gibraltar from Spain is “expected to be dismantled” after more than a century to create a “fluid border” for people and goods. As a result, “the Rock effectively becomes part of the EU’s Schengen zone of passport-free movement”, said [The Telegraph](https://www.telegraph.co.uk/world-news/2026/02/25/gibraltar-british-but-must-follow-eu-rules-brexit-deal/). By removing the land border, the “deal protects Gibraltar residents and Spaniards from post-Brexit rules”, meaning they are no longer subject to the visa-free travel limit of 90 days every 180 days. In terms of customs, Gibraltar must now “align with EU single market rules” and be “subject to the jurisdiction of the European Court of Justice”. This means that “cigarettes and alcohol will no longer be as cheap on the Rock”. Gibraltar will keep its zero-VAT regime but a new “transaction tax” starting at 15% will apply to goods imported to the territory for sale. A free daily email with the biggest news stories of the day – and the best features from TheWeek.com Crucially, the draft agreement does not affect sovereignty of the territory. According to the treaty, the UK will “never enter into arrangements” where sovereignty would pass to another state against the “freely and democratically expressed wishes” of the Gibraltarian people. ## Why now? Gibraltar was ceded by [Spain](https://theweek.com/uk/tag/spain) to the UK in 1713, under the Treaty of Utrecht, and the resident population is “heavily in favour of remaining a British overseas territory”, said [The Independent](https://www.independent.co.uk/news/uk/home-news/gibraltar-treaty-eu-uk-spain-brexit-b2928043.html). The last time Gibraltar voted on the issue of sharing sovereignty with Spain, in 2002, “almost 99% of Gibraltarians rejected the move”. Spain had been due to apply the [EU’s new automated “Entry/Exit” border system](https://theweek.com/personal-finance/the-etias-how-new-european-travel-rules-may-affect-you) from April, which would include biometric checks on the border with Gibraltar, said the [BBC](https://www.bbc.co.uk/news/articles/cgjz1x5e1xyo). If no agreement had been reached, there would have been “mandatory passport checks” at air, land and sea borders, which would “devastate Gibraltar’s economy”, lead to “endless” entry queues and cost “hundreds of millions a year” to UK taxpayers, according to the proposed treaty. ## Who will it affect? Around 15,000 people – just under half of the territory’s 35,000 population – cross the border each day, mainly for work purposes. They will not need to have their passports checked and can pass through freely. ## What has the reaction been? The “safe and secure” proposals allow Gibraltar to “look to the future with confidence”, while “protecting our British way of life” and exploring “new opportunities for growth and prosperity”, said Fabian Picardo, the chief minister of Gibraltar. British and Spanish diplomats hope “the treaty will improve bilateral relations”, said The Standard. However, Spain wants to “strengthen” its “legal claim on the Rock, leading the way for Madrid to wield greater influence over the territory”. Some in the UK, meanwhile, may see the deal as an “erosion of sovereignty”. Any agreement that “hands Spain new powers over entry, residency, infrastructure or enforcement must be examined line by line by Parliament before it takes effect”, said shadow Foreign Office minister Wendy Morton. ## What will happen next? The treaty has been published in draft, so still needs to be reviewed by legal teams from all parties. Then it will have to be ratified by both the UK, Gibraltarian and European parliaments. “Gibraltar’s government says it is hoping to provisionally apply the deal from 10 April,” said the BBC.