Successive Spanish governments have sought to exclude Gibraltar from Europe while using the European Union as a means to advance their illegitimate sovereignty claim. Spain has objected to the inclusion of Gibraltar airport in European Union civil aviation measures, including the single European sky II+, artificially creating a Europe-wide impasse on these directives.
Madrid is now reneging on its 2006 commitment to never seek the exclusion of Gibraltar airport from EU civil aviation legislation. This is unacceptable and Spain must be made to honour its 2006 agreement.
Gibraltar is a British overseas territory, has been part of the EU since 1973, and is not excluded from participation in EU aviation measures under the treaties or the UK act of accession. The Spanish campaign to exclude Gibraltar is, therefore, illegal. However, only 18 months after Spain joined the European community, Madrid objected to the proposed 1987 air liberalisation package on the basis that it applied to Gibraltar airport, despite community law on civil aviation having always applied to Gibraltar and no member state having ever objected to this.
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Within six months Gibraltar was suspended from the 1987 package unless we accepted joint Gibraltarian-Spanish control over the airport. When Gibraltar challenged its exclusion, the European court of justice refused to listen to the substance of the case and ruled that Gibraltar did not have standing. Gibraltar airport therefore was suspended from all aviation measures until 2006.
That year, the Spanish, UK and Gibraltar governments formally agreed that Spain would no longer seek the suspension of Gibraltar airport from EU civil aviation measures, that these would be extended to it and a new terminal parallel to the frontier fence with direct access to another building on the
Spanish side could be constructed. Gibraltar kept to its part of the bargain at a cost of over €80m, with no EU funding.
When the terminal opened in 2011, Spain's People's Party government reversed the cooperative stance adopted by their Socialist predecessors.
The results are evident: Spain withdrew from the trilateral forum for dialogue with the UK and Gibraltar governments, there is no direct access to the air terminal from Spain, and Madrid is seeking the exclusion of Gibraltar airport from EU aviation measures, despite its 2006 commitments. The current Spanish policy has consequences for the whole of Europe.
There has been disagreement in the European council about the application of single skies to Gibraltar and the dossier on air passenger rights is also being held up by Spain. Spain cannot be allowed to hold Europe ransom in pursuit of narrow political interests.
Any solution to this impasse must fully respect the status of Gibraltar airport as an EU airport and of Gibraltarians as EU citizens. A simple solution would be to return to the 2006 agreements, which were universally beneficial and allowed EU aviation measures to progress without prejudice to the respective legal positions of the UK and Spain. Gibraltar must be included in single sky and other aviation measures.
It would be totally unacceptable to bow to Spanish pressure and create a regime that accords fewer rights and benefits to EU nationals flying to and from Gibraltar airport.
While many in the UK look away from the EU, Gibraltar looks towards Europe as long as our position in it is fully respected and upheld. Gibraltar's legal rights cannot be any less important simply because of our small size.