Still Testing The Waters

September 18, 2009 at 4:39 pm

And still it goes on. Readers will recall Spain’s recent successful attempt to claim authority over Gibraltar’s territorial waters under EU environmental protection laws, and their ongoing attempts to assert that authority using armed fast patrol boats. The excuse from Whitehall for accepting the EU directive was that they hadn’t noticed that bit of it. This is all going on against a backdrop of a general Spanish claim for all of Gib’s waters up to the shoreline – despite the defeat last week in the Foreign Affairs Committee of the Spanish Parliament of a motion by the Partido Popular which claimed that all Gibraltar waters are Spanish.

The defeat of the PP motion by five votes was on the basis that the governing party in Spain considered that the PP was using Gibraltar as an excuse for undermining the Government and not because it was actually a steaming pile of crap. It was preceded by another verbal assault against Gibraltar by Cadiz MP Jose Ignacio Landaluce who based his arguments on the point that the 1713 Treaty of Utrecht did not cede the waters around Gibraltar but only those inside the Port.

He accused Gibraltar of carrying out urban-based expansionism through land reclamation projects and has taken umbrage at the proposal put forward by the Opposition in the Gib Parliament that Gibraltar should claim the 12 miles of territorial sea to which we are entitled. The fact that the Partido Popular is so concerned at the possible extension of Gibraltar’s territorial sea is because they know that under international law they can do nothing to stop it.

Under the United Nations Convention on the Law of the Sea, Gibraltar presently claims three miles of sea where this is geographically possible, and the median line in the Bay. This has meant that there is a belt of sea on the east side which should be international waters until Gibraltar claims the twelve miles. It’s a key point in the dispute over the wreck of the ship believed to be the treasure-laden HMS Sussex which lies between the three mile limit that we claim at present and the 12 miles of sea that we are entitled to claim.

In the meantime, there continue to be incidents with Spanish helicopters and civil guard launches refusing to communicate with or take instructions from authorities in Gibraltar. Recently, local air traffic control was trying to warn a Spanish helicopter in the area about an incoming civilian flight and that the Spanish helicopter would not answer the call. It was not until Gibraltar contacted Seville air traffic control that the helicopter responded to Seville’s instructions to get in touch with Gibraltar. A similar incident took place at sea when a civil guard launch again refused to answer a call from the Royal Navy.

This afternoon TheEye watched as the Spanish tried it on again with a fast patrol boat. It’ll carry on until someone dies. Or shots are fired. Or both.