What does the 2026 UK/EU Treaty require Gibraltar to do regarding an independent state aid authority?

Short answer

The 2026 UK/EU Treaty requires the UK, in respect of Gibraltar, to maintain an operationally independent authority responsible for state aid control. Most aid measures must be notified to and authorised by this body before implementation, giving oversight comparable to the European Commission’s role within the EU.

Detailed answer

Article 205 obliges each Party to establish or maintain an independent authority with sufficient guarantees of independence and expertise.

Intended aid measures must be notified and cannot take effect before approval, subject to transparent and objective exemptions compliant with Annex 18. The authority must also cooperate with its counterpart and plays a central role in ensuring compliance with the substantive rules.

Gibraltar is responsible for domestic implementation of the Agreement. The implementing legislation was passed unanimously by the Gibraltar Parliament on 31 March 2026.

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