Spain/UK: Gibraltar poses threat to post-Brexit aviation access

The Anglo-Spanish tussle over the rock of Gibraltar has emerged as a significant hazard in Britain’s search for an ambitious Brexit deal to preserve access to Europe’s skies for its GBP60b airline industry. While Spain has made positive overtures to London since the Brexit vote and warned Europe against seeking a punitive deal, it has also signalled it would block UK access to the EU’s single aviation market unless the terms exclude Gibraltar’s international airport. “Any EU agreement with the UK on aviation cannot apply to the airport of Gibraltar,” said one Spanish diplomat. “A deal that is applicable to the airport of Gibraltar would imply recognition of the legal right of the UK to the territory.” The comments suggest a 300-year political dispute over the rock — which is currently holding-up three pieces of airline legislation in Brussels — could spill into some of the key elements of the Brexit negotiations. The UK’s post-Brexit air access options include attempting to retain membership of the European Common Aviation Area, which would mean it keeps full access, or seek a bilateral “open skies” agreement with the EU, which is likely to have more restrictive terms. Both deals would, however, require unanimous support from all EU member states. The diplomatic warning suggests that Spain is not prepared to accept a deal in which Gibraltar airport is given the same rights as UK mainland airports. Spain argues that Gibraltar airport is illegally located on Spanish land. It says the 1713 Treaty of Utrecht, which ceded the town, castle and port of Gibraltar to Britain, did not include the rights to the isthmus on which the airport is built. A deal to maintain access to Europe’s skies is vital for the UK airline industry. The creation of the single aviation market sharply increased the number of airlines operating across the EU and lowered fares. It also ensured easier access to the US, Canada and elsewhere. The disagreement over Gibraltar airport is holding up a number of EU aviation laws that have been frozen pending a solution.<br/>
Financial Times
https://www.ft.com/content/a62b292a-ef99-11e6-930f-061b01e23655
2/12/17