Britannia Radio

Marine Environment: Gibraltar

Question

Asked by Lord Kilclooney   12.10.09

To ask Her Majesty's Government whether progress has been made to annul European Commission Decision 2009/95/EC which designated British Gibraltar territorial waters as being under the control of Spain; whether they have made representations to the Kingdom of Spain and to the European Commission; and, if so, what has been the response in each case. [HL5151]

The Minister for Europe (Baroness Kinnock of Holyhead): European Commission Decision 2009/95/EC did not designate British Gibraltar territorial waters (BGTW) as being under the control of Spain. Rather, Spain proposed an area, which included BGTW, to the Commission as a site of community importance (SCI) and the decision confirmed the listing of this site. We have clearly stated that we do not recognise the listing as the United Kingdom is the only state competent to include a site within BGTW on a list of SCIs submitted to the Commission.

We are deeply concerned that Spain should seek to have an area of BGTW listed and that this listing should have been approved. We have made representations to both the European Commission and Spain on this matter and will continue to do so in order to redress this issue. In the mean time, we have placed on record that the UK does not recognise the validity of the Spanish listing.

Separately we are aware that the Government of Gibraltar have commenced an action against the European Commission in the European Court of First Instance seeking annulment of the relevant listing.

Spain did not advise the UK of its intentions

Question by Lord Kilclooney: To ask Her Majesty's Government whether the European Union contacted the United Kingdom prior to its decisions to designate Gibraltar territorial waters as a Spanish protected location under European Union nature laws; whether the United Kingdom Permanent Representation made any representations prior to the European Union decisions; whether this European Union decision caused any problems in Gibraltar waters; and whether Spain advised the United Kingdom that it was making the application to the European Union.  The Minister of State, Foreign and Commonwealth Office (Baroness Kinnock of Holyhead): The European Commission consulted member states bilaterally in 2008 on the draft updated Community list of Sites of Community Interest (SCI) put forward by each state. The UK therefore discussed only its own sites (including two in Gibraltar) with the Commission. The UK was not made aware of the existence of the proposed Spanish site, ‘Estrecho Oriental', which wholly encompasses the existing UK listed site ‘Southern Waters of Gibraltar' in British Gibraltar Territorial Waters (BGTW), until the complete list of sites across the EU was published in the Official Journal in February 2009. Spain did not advise the UK that it was making the application to list the site Estrecho Oriental. This contrasts with the situation when the UK first listed its own sites in BGTW in 2006 and, at the request of the Commission, notified Spain in advance of doing so. As the UK was not made aware that the Spanish site Estrecho Oriental encompassed BGTW until the complete list was published, the UK was not in a position to make any representations before the decision was taken. We have since made representations to both the European Commission and Spain on this matter and have placed on record that the UK does not recognise the validity of the Spanish listing. The decision has not caused any practical problems in Gibraltar waters. However we are concerned that Spain should seek to have an area of BGTW listed and that this listing should have been approved. Under the habitats directive Spain has obligations to establish management priorities for its SCIs but cannot give full effect to these obligations for this particular site as it overlaps BGTW. The UK is the only state competent to propose an SCI within BGTW. The Government of Gibraltar have commenced an action against the European Commission in the European Court of First Instance seeking annulment of the offending parts of the relevant listing. The UK has been granted permission to intervene in support of this action.