El Gobierno de España da luz verde a la donación a Marruecos del Gran Teatro Cervantes de Tánger

The Council of Ministers has approved the referral to the Spanish Parliament of the Protocol by which Spain donates to Morocco, on an “irrevocable” basis, the property of the Gran Teatro Cervantes in Tangiers and authorises the expression of Spain's consent to be bound by it. The Cervantes Theatre of Tangier was donated to the Spanish State in 1928 and is one of the most important buildings for cultural purposes in the city of northern Morocco. 

However, since the 1970s its state of conservation has suffered from abandonment and disuse. The situation of the building was a common cause of complaints among travellers, residents and different groups, as well as of journalistic reports. 

The Moroccan Government has committed itself to restoring and managing the theatre in exchange for the transfer of its property. It has also committed to maintaining a Spanish component in the theatre's cultural programming, with the property reverting to Spain in the event that the restoration of the building is not carried out or it is used for purposes other than those agreed.

This is a property of unquestionable architectural and cultural value that requires a strong investment for its restoration, an investment that the various Spanish administrations have not been able to offer. For this reason, and having studied the possible options for its implementation, it was decided to proceed with its transfer to Morocco, thus responding to the offer of the Moroccan Government to restore and manage the theatre in exchange for the transfer of its ownership and with the commitment to maintain a Spanish component in the theatre's cultural programme, with the property reverting to Spain in the event that the restoration of the building is not carried out or it is used for purposes other than those agreed.

According to the Spanish Government in an official note, this transfer has been materialised by means of a Protocol which, due to its form and content, constitutes an international treaty. Therefore, the text requires the previous authorisation of the Parliament, in the terms of Article 94.1 paragraph e). of the Constitution, since it affects a matter regulated by law in the Spanish legal system (Law 33/2003, of 3 November, on Public Administration Assets, which establishes specific provisions in relation to the disposal of real estate and rights over it abroad), as indicated by the Council of State in its opinion of 4 April 2019.

The signature of the Protocol, following authorisation by the Council of Ministers on 8 February 2019, took place on 13 February 2019, and it has been provisionally applied since that same date. According to the report of the Ministry of Finance's Budget Office, this instrument does not create any financial obligations for the Treasury.