Asked by: Lord Frost (Conservative - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government, in regard to the UK–EU Agreement in Respect of Gibraltar: Joint Statement on 11 June, whether Gibraltar will have the right to set its own indirect tax rates.
Answered by Baroness Chapman of Darlington - Minister of State (Development)
Yes. Under this Agreement Gibraltar will continue to have freedom to set its own indirect tax rates on the services industries that are critical to its economy and ongoing prosperity. As part of this Agreement, the Government of Gibraltar has chosen to align the rate of its import duty on goods to the minimum rate of Value Added Tax applied in the EU.
Asked by: Lord Frost (Conservative - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government, with regard to the UK–EU Agreement in Respect of Gibraltar: Joint Statement on 11 June, whether Gibraltar will be required to align with the EU single market.
Answered by Baroness Chapman of Darlington - Minister of State (Development)
Specific practical arrangements have been agreed on the movement of people and goods to facilitate the removal of immigration and customs checks on people crossing the land border between Gibraltar and the EU. To enable this fluid movement, the Government of Gibraltar has agreed that all goods circulating in Gibraltar will be compliant with EU rules. This will be achieved by imported goods being pre-cleared in the EU before moving to Gibraltar. Movement of services and capital are not in scope of the UK-EU Agreement.
Asked by: Lord Frost (Conservative - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government, with regard to the UK-EU Agreement in Respect of Gibraltar: Joint statement on 11 June, whether any stay by a British citizen in Gibraltar will count towards the 90-day limit within a 180-day period for third-country nationals entering the Schengen area.
Answered by Baroness Chapman of Darlington - Minister of State (Development)
Non-resident British nationals can currently visit Gibraltar for up to 90 days. The same will be the case under this agreement. As visitors will be free to cross into Spain without checks, time spent in Gibraltar will count towards the European Union's 90 in 180 requirement. Immigration into Gibraltar is, and will remain, the responsibility of the Government of Gibraltar. This agreement provides a solution to the unique situation in Gibraltar. It ensures a fluid border to deliver certainty for the people and businesses of Gibraltar and has the full support of its Government.
Asked by: Lord Frost (Conservative - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government, with regard to the UK-EU Agreement in Respect of Gibraltar: Joint statement on 11 June providing for "a future customs union between the EU and Gibraltar", whether Gibraltar will be required to align with the EU's external trade policy; and if so, what will be the legal framework for UK-Gibraltar trade.
Answered by Baroness Chapman of Darlington - Minister of State (Development)
Trade between the UK and Gibraltar is almost exclusively in services. Trade in services is not in scope of this agreement so the legal framework for UK-Gibraltar trade in this respect is unchanged. The UK and Gibraltar remain separate customs jurisdictions, and goods trade between the two will continue to be governed by the respective arrangements of both. Duties will apply to UK goods moving to Gibraltar as they do today and vice versa. In order to facilitate the removal of customs checks at the land border, Gibraltar has decided to align some aspects of its import regime with that of the European Union. It will not be required to align with all aspects of European Union external trade policy and can still be part of UK free trade agreements to the same extent Gibraltar has been previously, namely relevant services chapters.
Asked by: Lord Frost (Conservative - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government, with regard to the UK-EU Agreement in Respect of Gibraltar: Joint statement on 11 June, whether British citizens entering Gibraltar who do not intend to leave the territory will have to go through Schengen area entry checks, and whether access to the territory by British citizens could be rejected by Schengen area officials.
Answered by Baroness Chapman of Darlington - Minister of State (Development)
As is the case today, there will be no automatic right of entry into Gibraltar for non-resident British nationals. To unlock the benefits of a fluid border, all individuals arriving at the airport will undergo dual immigration controls allowing them to move freely into the European Union if they wish to. Immigration and entry to Gibraltar will remain the responsibility of the Gibraltarian authorities. Spain will only be responsible for granting entry to the Schengen area.
Asked by: Lord Frost (Conservative - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government, with regard to the UK–EU Agreement in Respect of Gibraltar: Joint statement on 11 June, whether members of the British armed forces serving in Gibraltar, or their families, will be required to go through Schengen area entry clearance before they can take up their roles.
Answered by Baroness Chapman of Darlington - Minister of State (Development)
This agreement fully protects the autonomy of UK military facilities, allowing them to freely continue their vital contribution to regional security and prosperity as they do today. The posting of UK military personnel serving in Gibraltar, and their families, will not depend on Schengen area entry clearance. As now, the UK will decide who will serve in Gibraltar.
Asked by: Lord Frost (Conservative - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government, with regard to the UK-EU Agreement in Respect of Gibraltar: Joint statement on 11 June, whether there will be any changes to UK sovereignty over Gibraltar Airport or to its legal and practical operating environment, other than those required to operate new Schengen controls.
Answered by Baroness Chapman of Darlington - Minister of State (Development)
Sovereignty and jurisdiction over Gibraltar's airport are and will remain unchanged. The arrangements we have agreed to facilitate commercial passenger flights between Gibraltar and the European Union safeguard this. Military functions are out of scope of the arrangements foreseen under the UK-EU Agreement.
Asked by: Lord Frost (Conservative - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask His Majesty's Government, with regard to the UK-EU Agreement in Respect of Gibraltar: Joint statement on 11 June, whether Schengen officials will have the right of hot pursuit into Gibraltar under Article 41 of the Schengen agreement.
Answered by Baroness Chapman of Darlington - Minister of State (Development)
To ensure the safety and security of both Gibraltar and Spain, the Treaty will include provisions for enhanced police cooperation, including on 'hot pursuit'. This provision will be reciprocal, and will be governed by clear rules and procedures. As Gibraltar is not joining Schengen, Article 41 of the Schengen agreement will not apply.
Asked by: Lord Frost (Conservative - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government whether they anticipate that their proposed sanitary and phytosanitary (SPS) agreement with the EU will remove the recently instituted French requirement for an 'enveloppe logistique obligatoire' with respect to SPS goods exported to the EU.
Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)
As announced at the UK-EU Leaders Summit on May 19, 2025, the UK and EU have agreed to work towards a common Sanitary and Phytosanitary Zone. Once the agreement is in place, routine SPS checks for goods in scope will no longer be required.
Exporters to France will still need to meet French customs requirements including declarations and use of the Enveloppe Logistique Obligatoire system, as customs procedures are not included in scope of the agreement. The Government has been clear that there will be no return to the Customs Union.
Asked by: Lord Frost (Conservative - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government whether their proposed sanitary and phytosanitary (SPS) agreement with the EU will eliminate customs procedures for the export of SPS goods to the EU.
Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)
As announced at the UK-EU Leaders Summit on May 19, 2025, the UK and EU have agreed to work towards a common Sanitary and Phytosanitary Zone. Routine SPS border checks will be eliminated, so fresh produce can hit supermarket shelves more quickly, with less paperwork and fewer costs.
Customs procedures are not included in scope of the agreement. The Government has been clear that there will be no return to the Customs Union.