Foreign and Commonwealth Affairs written question – answered at on 5 January 2010.
To ask the Secretary of State for Foreign and Commonwealth Affairs what representations the Government have made to the European Court of Justice in respect of the application by the Government of Gibraltar to reverse the designation by Spain of Gibraltarian territorial waters as a site of Community importance for the Mediterranean biogeographical region for which Spain is responsible.
The UK has sought and received permission from the European General Court to intervene in support of the government of Gibraltar's application seeking annulment of Commission Decision 2009/95/EC updating a list of sites of Community importance for the Mediterranean biogeographical region insofar as it relates to the "Estrecho Oriental" site.
We have made representations to both the European Commission and Spain in order to object to their actions in this matter and have placed on record that the UK does not recognise the validity of the Spanish listing. We object that Spain should have sought to have an area of British Gibraltar Territorial Waters (BGTW) listed and that this listing should have been approved. The UK is the only State competent to propose a site of Community importance within BGTW.
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