Nov 27 - Government Welcomes Cañete European Court of Justice Threat
The Government of Gibraltar has welcomed statements by Sñr Arias Cañete, Spanish Minister for the Environment, to the effect that Spain will start legal proceedings against the United Kingdom in the European Court of Justice (ECJ) in respect of the various reclamations and the artificial reef created by Gibraltar in the Bay of Gibraltar.
Sñr Cañete has said Spain would take such action if the EU Commission does not side with Spain in the complaints it has filed with the EU Commission on these subjects.
The Government of Gibraltar considers that any such legal action that Spain might commence in the European Court of Justice, if it is fairly and objectively determined by a properly constituted and neutral panel of judges, will be favourable to Gibraltar.
Such an action will be an opportunity for the ECJ to determine the substance of the designation by Spain of parts of British Gibraltar Territorial Waters (BGTW) as an area of Spanish environmental control and management.
The ECJ has previously dismissed actions by the UK and Gibraltar on this subject at a preliminary stage for technical reasons at Spain’s behest – clearly because Spain has not wanted the substance of the issue objectively addressed by a fair and independent tribunal.
Designations by EU states under the EU Habitats Directive are permitted only in respect of the areas of national sovereign territory. Parts of the Spanish designation cover BGTW as defined under the United Nations Convention of the Law of the Sea (UNCLOS).
The Commission recently stated that issues of the extent of territorial jurisdiction at sea were determined by UNCLOS and not by the EU Commission or any EU measure. [See answer E-001631/2013 of 3rd April 2013 given by Mr Potocnik on behalf of the Commission].
