Andrew Gwynne – 2016 Parliamentary Question to the Foreign and Commonwealth Office

The below Parliamentary question was asked by Andrew Gwynne on 2016-09-14.

To ask the Secretary of State for Foreign and Commonwealth Affairs, with reference to article 3 of the UN Convention on the Law of the Sea’s classification for the breadth of the territorial seas not exceeding 12 nautical miles, for what reason Gibraltar has a three nautical mile limit on its territorial waters.

Sir Alan Duncan

​The 1987 Territorial Sea Act extended UK waters up to the 12 nautical miles maximum permitted by Article 3 of the 1982 United Nations Convention on the Laws of the Sea (UNCLOS). However, the provisions of this Act were not extended to the British Overseas Territories, so the United Kingdom’s claim to territorial waters remains up to 3 nautical miles from Gibraltar. Where the extent of territorial waters is less than 3 nautical miles, this is due to the proximity of the Spanish coastline and a determined median line. We retain the option to extend the reach of British Gibraltar Territorial Waters to the maximum extent of 12 nautical miles permitted under UNCLOS and keep this option under review. The United Kingdom is the only State entitled to a territorial claim over the 3-12 nautical mile zone in respect of Gibraltar.