HL Deb 25 October 1990 vol 522 cc1522-3

3.10 p.m.

Lord Merrivale asked Her Majesty's Government:

What justification there is for the suspension of the application of the provisions of Council Regulation (EEC) No. 2343/90 on access for air carriers to scheduled intra-Community air service routes to Gibraltar compared with the temporary exemptions applicable to the Greek islands, the autonomous region of the Azores and the airport of Porto.

Lord Reay

My Lords, the cases are not comparable. The application of the provisions of Council Regulation (EEC) No. 2343/90 to Gibraltar is suspended until there is agreement on the use of the airport by all the parties concerned. The temporary exemptions for the Greek islands and the Azores are to allow the development of their air traffic control systems. Porto is exempt until the end of 1992 to allow time for the infrastructure of its airport to be expanded.

Lord Merrivale

My Lords, I thank the Minister for his not unexpected reply. Will he bear in mind the action brought on 28th September 1989 by the Government of Gibraltar against the Council of the European Communities? Will he also bear in mind that the infrastructure—the air terminal—at Gibraltar airport has been expanded and that the regulation states that, provision should be made to prevent unjustifiable economic effects on air carriers and that the derogation only affects the regional airport of Gibraltar? Should it not therefore be rescinded on grounds of discrimination and the fact that it runs counter to the welfare of the Gibraltar economy?

Lord Reay

My Lords, Article 1(3) of Council Regulation (EEC) No. 2343/90 makes it clear that the application of the provisions of the regulation to Gibraltar shall be suspended until the arrangements in the declaration made by the foreign ministers of the Kingdom of Spain and the United Kingdom on 2nd December 1987 have come into operation. The Gibraltar Government have only to implement the airport agreement and the suspension will be lifted immediately.

Lord Cledwyn of Penrhos

My Lords, has the action taken by Gibraltar against the EC Council which was referred to by the noble Lord, Lord Merrivale, been settled? What is the attitude of Her Majesty's Government towards that action? Do they support it?

Lord Reay

My Lords, I understand that Gibraltar has challenged in the European Court of Justice its exclusion under the regulation. We regret that it should have done so. The United Kingdom is a party to the European Community decision and supports it.

The Government consider that it is in Gibraltar's best interests that the airport agreement should be implemented. Further, I understand that the European Court of Justice has yet to decide whether the application is admissible.