A silent frenzy of diplomatic activity to prepare the way for a trilateral ministerial meeting in Gibraltar continued yesterday with the Gibraltar Government making starkly clear that it will not engage unless Spain’s bid to score a sovereignty goal over British Gibraltar waters is fully neutralised.

Chief Minister Peter Caruana confirmed to the Chronicle last night that for talks get the green light will depend on whether the dispute affecting maritime affairs and aquatic environmental issues are resolved by midweek or it is agreed to proceed without these two maritime subjects.

His remarks came as No6 issued a statement responding to comments relating to the sovereignty of British Gibraltar waters and specifically challenging PP’s ‘Gibraltar lobbyist’ Jose Ignacio Landaluce to put his party’s money where his mouth is and test the question at the International Court.

This weekend Spanish Foreign Minister Miguel Angel Moratinos confirmed that technical negotiations continue to see if a ministerial tripartite, the third following Cordoba and London, can take place on July 21. If it does he will become the first ever serving Spanish Foreign Minister to visit the Rock.

In an interview with Público, Sr Moratinos said that the tripartite talks will not deal with sovereignty issues but only practical issues of co-operation.

Mr Caruana in turn has regularly pointed to the trilateral talks as the only forum for meaningful discussions. He has stressed that trilateral forum is open agenda and that therefore any of the three parties to it can raise any issue.

In its carefully worded statement No 6 pointed out that the issue currently obstructing progress in the Trilateral Forum is not the need to generally resolve the question of sovereignty relating to Gibraltar or its territorial waters.

“The issue is the need to neutralise the effect on co-operation relating to waters of Spain’s designation (and the Commission’s Decision relating thereto) of a site of Community Importance in British Gibraltar Territorial Waters.”

The No6 statement said that, by its designation, Spain has unilaterally “changed the goal posts” in the middle of the process and it is not acceptable to the Gibraltar Government that Spain should gain, or that UK/Gibraltar should lose out as a result.

“The task therefore is to ensure that any agreement to co-operate takes place in the context of the status quo ante, that is in the context of the position as it was before Spain’s designation of the Site of Community Importance. In this way, all sides will co-operate in the context of the circumstances as they existed at the outset, and no Party will have gained or lost as a result of Spain’s unacceptable action,” said No6.

The Gibraltar Government also emphasised that UK/Gibraltar have no doubt whatsoever about exclusive British Sovereignty and Gibraltar’s jurisdiction and control of the three miles of British Gibraltar Territorial Waters.

“Only Gibraltar laws apply in British Gibraltar Territorial Waters. There is no question of the Gibraltar Government accepting anything that puts this fundamental proposition in doubt. There is no prospect whatsoever of Spanish law or enforcement being applied to British Gibraltar Territorial Waters in the context of the EC Habitats Directive, any other EU directive or anything else.”

In this context the Gibraltar Government says it will continue the search for a solution that would enable it to safely pursue the original agenda for co-operation in relation to waters in Gibraltar and in nearby Spain.

In his interview with Público Sr Moratinos stated: “On environmental co-operation we shall have to find a political-juridical formula, given that each side maintains its position on the sovereignty of the waters. What we are looking for is to resolve concrete problems that arise in the waters such as maritime traffic which can be resolved with new technology for instance with an early alarm.”

Meanwhile, a Gibraltar Government spokesman said that the statements attributed in the Spanish press to PP Cadiz MP Sr Landaluce, that neither the Treaty of Utrecht nor any other subsequent international treaty grants territorial waters to Gibraltar.

“If Sr Landaluce truly and confidently believes his own statements, then the Gibraltar Government would urge him to join it in calling on Spanish Government to agree to submit that very question to determination by the International Court of Justice. He must think that Spain has everything to gain and nothing to lose from doing so. If, on the other hand he does not, then he should stop misleading Spanish public opinion with false statements in which he himself does not believe,” said No 6.