Question 11 November 2014 Clare Moody (S&D-Labour)
Subject: Gibraltar/civil aviation
Can the Commission confirm that under the EU Treaties, EC law on civil aviation matters is applicable to Gibraltar?
Answer 12 December 2014 Commissioner Bulc
Some EU regulations on civil aviation matters contain, in relation to the Gibraltar airport, the socalled pre2006 clause, while others contain the socalled post2006 or do not contain any clause regarding Gibraltar at all.
According to the pre2006 clause,
1. The application of this regulation to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.
2. Application of this regulation to Gibraltar airport shall be suspended until the arrangements included in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 enter into operation. The Governments of Spain and the United Kingdom will inform the Council of such date of entry into operation.
According to the post2006 clause,
The application of this measure to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated.
As expressed in the answer to the QP E007596/2014(1), the Commission regrets that, since 2012, the Gibraltar issue has caused delay to the consideration of the different legislative files by the Council. The Commission supports any solution that can unblock pending files and is compliant with EC law.
(1) Available at http://www.europarl.europa.eu/plenary/en/parliamentaryquestions.html