Answer given by Mr Sinkevičius on behalf of the European Commission
24.10.2022
Under the Habitats Directive[1], Spain has to establish conservation objectives and measures for the Special Area of Conservation (SAC) “Estrecho oriental”[2] to ensure their effective protection.
It also has to establish measures to avoid deterioration of the habitats and the habitats of the species as well as significant disturbance of the species for which the site has been designated .
It is for the Spanish authorities to implement the obligations stemming from the Habitats Directive as well as any analysis or strategy on maritime traffic and its impact on the Site.
The Commission ensures that all Sites of Community Interest are designated as SAC and adequately protected. In that respect it should be noted that the Commission opened an infringement procedure against Spain[3] for its failure to designate Sites of Community Interest as SAC and to establish adequate conservation objectives and measures, including in “Estrecho oriental”.
During the transition period following the withdrawal of the United Kingdom,(UK) from the EU, the UK and the EU applied the arrangements provided in the Withdrawal Agreement, including a Protocol on Gibraltar which is an integral part of the Agreement.
This included cooperation on environmental matters, and the application of a memorandum of understanding agreed between UK and Spain.
The ongoing negotiations between the EU and the UK in respect of Gibraltar cover environmental protection, with the aim of ensuring a high level of protection for the environment around Gibraltar. The EU negotiating position makes it clear that this should include both nature and marine environment protection.