Mar 11 - Spanish Proposal for Gibraltar EU Aviation Exclusion 'Illegal' Says Govt
Following comments made by Spanish Foreign Minister Jose Manuel Garcia-Margallo insisting that the application to Gibraltar of EU law on civil aviation should be subject to a bilateral agreement between the UK and Spain, the Government has claimed that ‘pain should be made to honour its obligations under the EU Treaties and the agreement that they entered into at Cordoba in 2006’.
The Government also said that a bilateral agreement which seeks to suspend or exclude Gibraltar from EU aviation would be contrary to the EU treaties and Gibraltar’s terms of membership of the EU, deeming it illegal by EU standards.
Garcia-Margallo claimed Spain’s reason for holding up EU aviation legislation is due to the airport’s construction on land, which was not ceded under the Treaty of Utrecht. The Spanish proposal would allow for a discriminatory Airport regime allowing fewer rights and benefits for EU national travelling by air through Gibraltar. The Government has deemed this ‘totally unacceptable’.
Deputy Chief Minister Dr. Joseph Garcia insisted that ‘it is important to emphasise that the European Commission has no standing in the sovereignty argument that Spain has chosen to make over the land on which the airport is sited. However, the Commission, as the guardians of the Treaties must act to secure respect for those Treaties and for EU law. The two are distinct and separate issues. One is the sovereignty issue and the other is the application of EU law to a part of the European Union. This means that Gibraltar Airport, as an airport of the European Union, must be included in EU civil aviation legislation.’
