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Gibraltar’s artificial reef anticipates tougher times ahead for relations with Spain

Thursday, August 1st 2013 - 03:08 UTC
Full article 27 comments

The Spanish Ministry for Agriculture, Food and Environment has filed a complaint over Gibraltar’s artificial reef at the office of Spain’s environmental prosecutor, a section of the state’s prosecution service that specialises in investigating environmental offences. Read full article

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  • Lord Ton

    “necessary authorisation” ?? Pompous ass. The Gib Government approved an action within its own territorial waters. Authorisation enough.

    Aug 01st, 2013 - 03:19 am - Link - Report abuse 0
  • nigelpwsmith

    The Spanish Ministry for Agriculture, Food and Environment knows full well that Spain’s environmental prosecutor cannot do anything about the concrete blocks, because:

    a) they are in British Gibraltar Territorial Waters

    and

    b) Spain is the biggest exponent of artificial reefs made by concrete blocks.

    Spain continues to ignore UNCLOS and refers to the Treaty of Utrecht to make their case. I do wish they would make a complaint to the International Court or UNCLOS and have their claim laughed out of court.

    Spain knows full well that when they signed UNCLOS, they acknowledged that Gibraltar owns the rights to the waters up to the median point of the Bay of Gibraltar and out to 12 miles on the Eastern coast of the pennisular. They tried to make Gibraltar an exception, but as it was pointed out at the time, the treaty did not allow ANY exceptions.

    If Spain continues to act belligerently and even to block the free-movement of goods into Gibraltar, then the EU Commission may intercede and fine Spain for breaching their treaty obligations. They also run the risk that Britain will veto any further EU aid to Spain until Spain gives assurances that they will comply with UNCLOS and admit that the waters belong to Gibraltar.

    Spain cannot win this one and the sooner they admit it, the better they will be. There are tens of thousands of Spaniards who rely on Gibraltar for their wages. They do not want to lose their jobs when most of Spain is unemployed. If Rajoy does not back down soon, then there will be an awful lot of Spaniards who will want him punished. Not just the people who work in Gibraltar, but all the people who cannot eat because there is no EU aid.

    Aug 01st, 2013 - 08:50 am - Link - Report abuse 0
  • Vestige

    Why are mercopress articles always given from only the British perspective ??
    Clearly slanted reporting.
    Is mercopress owned by the BBC ?

    Heres an idea for a reef.
    7000 blocks in a nice long and high curve right on the edge of Spanish waters. Deckchairs, a bar and a fishing supplies shop.

    Aug 01st, 2013 - 09:30 am - Link - Report abuse 0
  • JuanGabriel

    @2 I would like to agree with you regarding UNCLOS but it does have things called 'optional exceptions' that states identify when they ratify the treaty and can declare they are not bound by the procedures of the treaty. Both when they signed and when they ratified the treat Spain included the following:

    “ In ratifying the Convention, Spain wishes to make it known that this act cannot be construed as recognition of any rights or status regarding the maritime space of Gibraltar that are not included in article 10 of the Treaty of Utrecht of 13 July 1713 concluded between the Crowns of Spain and Great Britain. Furthermore, Spain does not consider that Resolution III of the Third United Nations Conference on the Law of the Sea is applicable to the colony of Gibraltar, which is subject to a process of decolonization in which only relevant resolutions adopted by the United Nations General Assembly are applicable.”

    Aug 01st, 2013 - 09:40 am - Link - Report abuse 0
  • agent999

    @4
    A very selective quote you provided - if you had read it further.

    “Article 310 of the 1982 Convention specifies that ”such statements and declarations cannot exclude or modify the legal effect of the provisions of the Convention“ in their application.”

    Aug 01st, 2013 - 10:30 am - Link - Report abuse 0
  • grimbler

    I wonder why Spain doesn't do an Argie and invade Gibraltar and tell the UK to f**k off if they really can't stand the thought of Gibraltar's existence?
    How would we stop them without incredible loss of life? I think because they know they could not be allowed to get away with it, even if NATO had to intervene and order them out at gunpoint. On top of that the economy would completely collapse no trade, Brits leaving in hordes your economy does very well from our retirees! I am going to assume that you would not hold them hostage. or would you?

    Aug 01st, 2013 - 11:34 am - Link - Report abuse 0
  • nigelpwsmith

    @4, as agent999 points out, there can be no exceptions to the Treaty. It cannot be modified in any way. If you check the treaty, you will see that the United Kingdom pointed this out to Spain at the time.

    Spain ignored this and continues to. They don't want to challenge it in the International Court, because Spain knows that the court would agree that the Treaty does not have 'exceptions' and cannot be modified.

    Therefore, the waters around Gibraltar belong to Gibraltar and are British. The Spanish fishermen (and the Guardia Civil) have been trespassing in British waters.

    Aug 01st, 2013 - 12:28 pm - Link - Report abuse 0
  • slattzzz

    @3 I think the people of gib would have no complaints, Spanish fishermen wouldn't be to happy though I THINK

    Aug 01st, 2013 - 12:28 pm - Link - Report abuse 0
  • Vestige

    I 'think' they would be quite happy. Casting their lines right over this reef idea.

    Good to see you again Slatzzz , last time I saw you was during the ejection seat debacle...you remember, I told you about Argentinas industy, indigenous satellite launches, nuclear power, 3d radars etc. You called BS, I supplied links...you disappeared.

    Aug 01st, 2013 - 02:31 pm - Link - Report abuse 0
  • Conqueror

    @3 If you could read the Treaty of Utrecht, you would find that there is no reference to Spamish “territorial waters”. Worth bearing in mind. But you can build a reef on the “median line”, as per UNCLOS. Or you might find out whether the UK has nuclear torpedoes!
    @4 Got that one scotched, didn't you? So let's extend BGTW to 12 miles. I am in touch with the British government regarding the provision of “adequate” armed forces.

    Aug 01st, 2013 - 02:33 pm - Link - Report abuse 0
  • Briton

    Spain is only cutting its own throat
    Catalonia want independence,
    And if Spain collapses this may well come true, followed by other regions of Spain,

    Perhaps this is what the Spanish government wants,.

    Aug 01st, 2013 - 03:48 pm - Link - Report abuse 0
  • nigelpwsmith

    Spain is angling (pun intended!) for a showdown over British Gibraltar Territorial Waters, but they won't get the result that they wanted.

    If this dispute escalates, with the fishermen threatening a demonstration or blockade then the Gibraltar Government will arrest the fishermen. They'll be lucky if their boats are not confiscated as well.

    If I was Chief Minister, I'd respond to the Spanish refusal to allow concrete across the border by taking any protesting Spanish fishing boats and sinking them on the reef.

    Then at least the fish and shellfish can have the last laugh.

    Aug 01st, 2013 - 06:48 pm - Link - Report abuse 0
  • Vestige

    .... think Nigel think. What might happen next.

    Aug 01st, 2013 - 07:08 pm - Link - Report abuse 0
  • screenname

    At the end of the day this is about justice.

    The Gibraltarians have land pressures, and would like to reclaim land from the sea. Obviously, this land reclamation would have had an effect on the territorial waters of Spain.

    Instead of trying to sit down and sort something out, Spain decided to be 'clever' and have the area protected by the EU. But like all selfish idiots, they did not actually think through what they were doing. Stopping their own Spanish fishermen fishing Spanish waters, they were quite happy to let the same fishermen overfish Gibraltarian waters to make up the difference: is this justice? What the hell do they think was going to happen?

    If we are going to all act like petty fools then let's stop all this talk about Spanish enclaves in Morocco… If the Spanish believe it is so disgraceful that Gibraltar is not part of Spain (even though it has been British longer than it was ever Spanish), then perhaps it is time for the British to call for the reinstatement of the Emirate of Malaga (not including Gibraltar obviously).

    Hypocrisy: it makes life's choices so much easier… Chuckle Chuckle

    Aug 01st, 2013 - 07:20 pm - Link - Report abuse 0
  • slattzzz

    Didn't disapPear been away enjoying myself and its still BS

    Aug 02nd, 2013 - 04:44 am - Link - Report abuse 0
  • nigelpwsmith

    @screenname
    It seems peculiar that both Spain & Argentina don't recognise their hypocrisy. They are quite happy to colonise other people's lands Ceuta for Spain and Patagonia for Argentina, but then they object when the inhabitants of another place choose to be British.

    Gibraltar is a distraction - just as the Falklands was for Galtieri, but Rajoy is in such a lot of trouble, that he will let this dispute escalate until close to the point of conflict. The problem is that Rajoy is not really in control of the situation. It's one lone fisherman (Divina Providencia) who is stirring the others to provoke a showdown. This fisherman wants to continue to rake in Gibraltar waters, because he's prevented from doing so in Spanish waters. He doesn't care that the waters don't belong to Spain, or about the damage he is causing, because he is backed by the nationalists who want Gibraltar returned.

    Expect this dispute to enter the Demonstration / Blockade phase now.

    Aug 02nd, 2013 - 06:45 am - Link - Report abuse 0
  • Steve-33-uk

    UK summons Spanish ambassador for Gibraltar assurances
    Gibraltar - There were delays of up to seven hours at the Spain-Gibraltar border last weekend. -
    Spain's ambassador has been summoned to the Foreign Office to give assurances there would be no long delays at the border with Gibraltar this weekend.
    Ambassador Federico Trillo was told of “serious concerns” about checks on vehicles that led to delays of up to seven hours last weekend.
    Gibraltar linked the delays to Spain's anger over creation of an artificial reef in the waters off its coast.
    But Spain said it had been “fulfilling its duties... to monitor its borders”.
    On Friday, Foreign Office Minister Hugo Swire said: “From July 26 to 28, and again on July 30, there were long delays at the Gibraltar-Spain border of up to seven hours, as a result of wholly disproportionate checks introduced by the Spanish authorities on vehicles both leaving and entering Gibraltar.
    ”Disruption to border flows has a direct impact on the prosperity and well-being of communities on both sides of the border.
    “The UK government's position is that these delays are unjustified, unacceptable and have no place at a border between EU partners.”
    Gibraltar's government had accused Spain of “torturing” vulnerable passengers by causing the “unnecessary” hold-ups to thousands of people...'
    http://www.vozbcn.com/2013/08/02/142265/islas-independencia-escocia-2014/

    Aug 02nd, 2013 - 03:14 pm - Link - Report abuse 0
  • Vestige

    This could be easily solved by simply joining the Schengen area.

    Gibs *have* free entry (in theory) to Spain, both being in the EU.
    But Spanish *don't* have free entry to Gib, this special option having been put in place on request of Gib by Britain.

    Sounds a bit unfair. Just like the 6 hr car queues.
    Simply join Schengen and the queues disappear.

    Or don't, in which case what do you expect, free entry for you ...but not for them. Get real. Stop moaning.

    Aug 02nd, 2013 - 05:05 pm - Link - Report abuse 0
  • grimbler

    Its not a schengen issue as you can walk across the border fairly easily its just the Spanish and its deliberately designed to annoy but not force us to install long term changes permanently close border (less jobs for Spain)

    Aug 02nd, 2013 - 06:12 pm - Link - Report abuse 0
  • aussie sunshine

    lets break the record! 12 hours wait at the border!!
    what goes round comes around!! Moonface (picardo) wants trouble
    I think he just found it!!

    Aug 02nd, 2013 - 07:45 pm - Link - Report abuse 0
  • Pete Bog

    @20
    “12 hours wait at the border!!”

    To delay the Spanish workers who Spain cannot provide work for?

    OK

    Aug 03rd, 2013 - 08:08 am - Link - Report abuse 0
  • nigelpwsmith

    I hope you Argentines realise that the vast majority of the people being delayed ARE Spanish, not British.

    The British are not bothering to cross the border in cars. They are being sensible and either not going to Spain at the weekend or crossing by foot.

    The people being delayed are the Spanish workers who cannot get to their jobs. That means that they don't get paid and if they don't get paid it is Spanish families who suffer.

    Aug 03rd, 2013 - 10:14 am - Link - Report abuse 0
  • A_Voice

    http://www.express.co.uk/news/world/419327/Now-Spanish-fishermen-plot-a-blockade-in-Gibraltar-feud

    “The trawlermen demanded that an artificial reef in British territorial waters be removed or they would use up to 200 boats to closed down the Port of Gibraltar.”

    “If these blocks are not removed within the next few days, they will soon realise the evil they have unleashed
    Leoncio Fernandez, La Linea Fishermen's Association”

    Aug 03rd, 2013 - 10:51 am - Link - Report abuse 0
  • Vestige

    Sure Nigel. Dream on.

    Aug 03rd, 2013 - 11:02 am - Link - Report abuse 0
  • aussie sunshine

    LOng waits...lost of tourist income into Gibralar. Picardo has changed his tune now he wants to sit down and talk with the Spanish Government!! LOL

    As for the “ Spanish workers” they pay income tax in Gibraltar not in Spain.The Spanish government is about to chase them down..why when they pay nothing into the Spanish system they expect to be looked after the spanish health system..well that avenie of pleasure has been closed off. Maybe they can find work in The UK I am sure they would be welcolmed with open arms.
    The gib airport air space which was opened by the previous spanish gov will be closing down to civilian flights and the 60000 telephone lines which were awarded to Gib by the the previous Spanish gov will be revoked. Things are warming up for the gibs.....have fun!!
    so you see Spanish workers are secondary when the honor of a country is in doubt!!

    Aug 03rd, 2013 - 06:49 pm - Link - Report abuse 0
  • agent999

    @25 aussie sunshine

    Nothing has changed regarding the taxation.

    It has always been the case that if your main residence is in Spain you will be liable for taxes in Spain, however when you complete your Spanish tax return you are able to deduct the amount paid in PAYE in Gibraltar.

    The fact that some Spanish people do not fill in their tax returns or try to avoid paying Spanish taxes can not be blamed on Gibraltar.

    The rest of your comments are just pure drivel.

    Aug 04th, 2013 - 09:43 am - Link - Report abuse 0
  • aussie sunshine

    *26 Point taken. I have checked the taxation details and you are correct.
    I wasn´t aware of the PAYE system. I take back my comment.

    Aug 04th, 2013 - 11:03 am - Link - Report abuse 0

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