Treaty Termination Clause is Identical to the TCA - 147/2026

The Government notes statements from the former Chief Minister, Sir Peter Caruana KCMG KC, on GBC's Viewpoint, that the termination clause in the EU UK Treaty in relation to Gibraltar causes "great uncertainty" for Gibraltar businesses.

The Government disagrees.

The termination clause in the EU UK Treaty is IDENTICAL to the termination clause in the EU UK Trade & Cooperation Agreement, which which is NOT considered by businesses in the UK to create great uncertainty.

The clauses are word for word identical. Article 334 of the Gibraltar Treaty is a copy of Article 779 of the EU UK TCA.

Both read as follows:

"Each party may terminate this Agreement by written notification through diplomatic channels. This Agreement and any supplementing agreement shall cease to be in force on the first day of the twelfth month following the date of notification."

Similar clauses in other EU agreements, such as the MERCOSUR Agreement, have even shorter termination provisions, providing only for nine months of notice prior to termination. Such termination clauses are therefore common, do not create uncertainty for the businesses that operate under them involving BILLIONS of pounds and it should not concern businesses in Gibraltar.

Indeed, absent such a termination clause, a Treaty could become a trap if it were not working out well for Gibraltar, exactly the other point which the Government will ensure is not the case by protecting Gibraltar's right to determine British rights of termination under the Concordat we have been negotiating for some time.

ENDS