To ask the Secretary of State for Foreign and Commonwealth Affairs what discussions he has had with the European Commission on the designation by the Spanish Government of a maritime conservation area encompassing British Gibraltar territorial waters; under what authority that designation was made; and if he will make a statement. (279059)

The UK has made written and oral representations at ministerial and official level to the European Commission regarding Commission Decision 2009/95 EC. As the UK is the only member state competent to propose a site covering British Gibraltar Territorial Waters (BGTW), we do not recognise the validity of the adopted site. The UK is deeply concerned that Spain should seek to designate an area of BGTW and that the UK was not formally consulted. In our view, the adoption procedures were deficient, and there was a clear lack of transparency and effective consultation involved. We continue to press the Commission to rectify this matter urgently.

To ask the Secretary of State for Foreign and Commonwealth Affairs what recent discussions he has had with the Spanish Government on its designation of waters off Gibraltar as a marine conservation area; what assessment he has made of the effect of the designation on (a) fishing rights, (b) allocation of airspace and (c) development rights; and if he will make a statement. (279060)

Under Commission Decision 2009/95 EC, Spain has put forward a Site of Community Importance under the habitats directive which encompasses British Gibraltar Territorial Waters (BGTW). As the UK is the only member state competent to propose a site covering BGTW, we do not recognise the validity of the adopted site and do not consider that the decision allows Spain any rights in BGTW, nor would we accept that it would have any effects in BGTW. The UK is deeply concerned that Spain should seek to designate an area of BGTW and that the UK was not formally consulted. The UK has made written and oral representations to Spain (and to the Commission) at ministerial and official level on this issue and will continue to do so until such time as the issue is resolved.