UK To Challenge EU Ruling On Gibraltar Waters

by Jason Gorringe, Tax-News.com, London

20 July 2011

The UK Foreign Secretary William Hague has said the UK government will challenge the European Commission over a ruling in favour of Spain for the governance of waters the UK upholds are Gibraltar's. Spanish territorial claims are said to have been given legal credibility under the guise of environmental protection.

Gibraltar's sovereignty has been disputed by the UK and Spain for over 300 years, yet despite trilateral talks to establish an unofficial 'stalemate' on the political conflict, the territorial spat has flared in recent years over challenges by Spain to Gibraltar's maritime zone.

The most recent events relate to the February 2009 adoption by the European Commission of a proposal by the Spanish government to designate, under the Habitats Directive, a Site of Community Importance (SCI), named Estrecho Oriental.

The Spanish SCI overlaps almost the entire area of British Gibraltar Territorial Waters and entirely overlaps an existing adopted UK SCI, which is managed by the government of Gibraltar.

The UK and Gibraltar, have sought to reverse the adoption of the Spanish site, first through diplomatic action with the European Commission and Spanish government, and then through legal action.

The original legal case was launched by the UK in the European General Court (EGC) on December 22, 2009. This challenged the European Commission’s listing of this site as a Spanish Site of Community Importance.

Commenting on the proceeding, Hague said: "The UK government is clear that only the UK can submit sites covering BGTW. Spain cannot enforce the management or monitoring of the specific area in question. There is therefore a risk that, given its lack of access to this site, Spain will make decisions without accurate scientific information which could have detrimental environmental or economic impact on Gibraltar and BGTW."

"On May 24, 2011, the EGC ruled the UK’s case inadmissible on technical grounds, ruling that the UK should have challenged the Commission’s original rather than subsequent confirmatory decision to list the site. The UK’s rebuttal stated that due to the Commission’s 'deficient processes, lack of transparency and consultation', it had been unable to do so within the normal time limit. The government has also highlighted that when the UK put forward its Southern Waters of Gibraltar site it did so on the basis of consultation with Spain, which was insisted on by the Commission. The Commission did not insist that Spain consult the UK before the listing of Estrecho Oriental."

"Following extensive consultation and on the basis of legal advice the UK will be appealing against the Court’s decision. The government has a clear responsibility to uphold the UK’s position over the waters around Gibraltar. I want to reassure the people of Gibraltar that we will defend their interests on this matter."

Hague said that the UK continues to be engaged with the government of Gibraltar to resolve the issue.

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