Brexit–The Implementation Period and Gibraltar

IN order for the UK Withdrawal from the European Union to take place a similar Gibraltar Withdrawal Bill will need to be approved by their parliament which to a great extent is simply a matter of course.

The Gibraltar Government has issued a series of guidelines concerning Brexit which in summary states that there will be no change to the way in which citizens and businesses interact with the European Union until the Implementation Period comes to an end on 31 December 2020.

This means, for example, that Gibraltar-issued identity cards, passports, pet passports, EU Health Cards and driving licences can continue to be used in the same way as they have until now for the duration of the Implementation Period.

It is important to understand that the Withdrawal Agreement provides for an Implementation Period which will start on 1 February 2020 and end on 31 December 2020. The Implementation Period, sometimes also referred to as the transitional period or transitional phase, will apply to Gibraltar.

During the Implementation Period, EU law shall still be applicable to and in Gibraltar to the same extent as EU law has been applicable to and in Gibraltar to date. Crucially, this means that until December 31 2020 there will be a period of continuity.

The only changes during the Implementation Period will affect the manner in which the UK is represented in the EU at an institutional level. Therefore, since the UK will no longer be part of the

EU decision-making process after January 31, the UK will not be represented in the EU institutions, agencies and bodies after this date. For example, this will mean that UK MEPs (including the six MEPs for the South West of England & Gibraltar) will be required to stand down at that time.

The relationship of the UK and therefore Gibraltar with the EU thereafter will be governed by agreements reached between the parties on the future relationship with the EU.