Are there any exceptions to the state aid rules under the 2026 UK/EU Treaty as applied to Gibraltar?

Short answer

Yes. Article 202 excludes certain categories from the state aid chapter, including aid covered by specific WTO agriculture provisions, aid related to trade in fish and fish products, and aid in the audio-visual sector, limiting the regime’s reach in those areas.

Detailed answer

The exceptions recognise existing international frameworks and sector-specific sensitivities. The following are carved out from the Treaty’s state aid chapter:

• aid within Part IV or Annex 2 of the WTO Agreement on Agriculture
• aid related to trade in fish and fish products
• aid in the audio-visual sector

Outside these defined areas, the general Article 201 framework and Annex 18 rules apply.

The state aid chapter sits within the Treaty’s level playing field provisions, which the House of Commons Library describes as similar to those in the UK–EU Trade and Cooperation Agreement.

Status: the Agreement has been provisionally applied since 15 July 2026, pending formal ratification.