APPENDIX 1
Letter from the Minister of State, FCO,
to Chief Minister, Government of Gibraltar, 5 November 1998
As you know, the Prime Minister discussed problems
arising from Spanish fishing in British waters around Gibraltar
with Sr Aznar on 2 November. I thought it would be helpful if
I told you what was said, and set out the overall position of
the British Government on the issue.
Between 1991 and 1997, Spanish fishermen entered
Gibraltar waters and fished in moderate numbers rather than large
groups. They avoided provocative and publicly sensitive locations,
and kept away from the harbour and out of Admiralty waters. They
moved on when asked to do so by the Royal Gibraltar Police. These
were the factors which influenced the RGP's enforcement attitude
during that period.
When Robin Cook met Sr Matutes in Luxembourg
on 5 October, they agreed that we should try to revert to the
situation that had prevailed between 1991-97. The central point
for us in this context was that the authority of Gibraltar's law
enforcement agencies should be respected.
We indicated to the Spanish that if that occurred,
the RGP in turn would return to the enforcement pattern and attitude
of the 1991-97 period, as a matter of their normal enforcement
judgment. This was the basis of discussion between British and
Spanish officials aimed at reaching an understanding of the previous
situation. There has, of course, been no question of HMG negotiating
or reaching an agreement to break or to change the laws of Gibraltar.
In addition, we have made it clear that Spanish
military or law enforcement vessels entering British waters, unless
exercising a right of innocent passage in accordance with international
law or when invited to co-operate with the Gibraltar authorities,
are infringing British sovereignty and will be asked to leave.
HMG will continue to safeguard the sovereignty, control and jurisdiction
of British waters.
When the two Prime Ministers met on 2 November,
they discussed a wide range of bilateral and international issues.
On fishing around Gibraltar, they confirmed that both sides wanted
to work to ensure a return to the situation that had prevailed
from 1991-97. Both sides would exercise restraint. Early reports
referring to a discussion of proposals on fishing are not correct.
I am aware of reports circulating in the local
media that suggest that Spanish fishing laws somehow apply in
British waters around Gibraltar. Let me state unambiguously that
we do not and cannot accept any suggestion that Spanish fishing
laws apply in these waters. Our position is absolutely clear:
Gibraltar's laws apply throughout British waters around Gibraltar.
And, as I said earlier, HMG has not negotiated or reached an agreement
to break or change the laws of Gibraltar.
I hope that this clarifies the position. It
is evident that a common objective is to reduce tension over this
issue. I recognise that all sides, including Gibraltar, have made
efforts to keep the situation under control and I welcome this.
I therefore believe that it should be possible to return to the
situation which existed between 1991 and 1997.
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