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Gibraltar and "the limits of that territory",
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by JOE GARCIA We have now unravelled the mystery about those letters concerning Gibraltar which were referred to in statements issued here and in London last week about procedures to be implemented in respect of international treaties, where Spain gets upset.
After asking for them here and there and getting no positive response,for reasons for which we will not publish, we contacted the Foreign Office in London where we were actually asked to put in a request in writing. We did this, and quite expeditiously, the letters were sent through.
To begin with, what we have established is that the interchange of letters between London and Madrid took place as long ago as 19 December last year, and this was kept under wraps.
Having heard about it before Christmas, we published a report at the turn of the New Year about the new 'postboxing' arrangement. This was followed by statements being issued by the UK and by the Gibraltar governments.
It now transpires that such letters made their way also to Brussels.
But it all started with a letter dated 19 December from Foreign Secretary David Miliband to "Dear Miguel", that's Miguel Angel Moratinos the Spanish foreign minister.
"I refer to the discussions we have had regarding the arrangements for formal communications and decisions to be notified which are taken by or addressed to Gibraltar authorities in the context of any international treaty to which the European Community/European Union is not a party, and which has been extended to Gibraltar and which, for the purposes of implementation, may result in the intervention of Gibraltar authories ("a Relevant Instrument").
Miliband told Moratinos: "If the arrangement set out above regarding international instruments is acceptable to the Government of Spain, I suggest that this letter and your reply will place on record the understanding of our two Governments in the matter..."
Since the letters are what matters to show how the agreement was concluded, that is why those letters are important.
There were three conditions to "signify your agreement to these agreements," the two ministers told each other: (a) the UK has ratified it, (b) it has been extended to Gibraltar by the UK, (c) Spain has ratified it.
The final paragraph says this: "The arrangements or any activity or measure taken for their implementation or as a result of them do not imply either on the side of the United Kingdom or on the side of the Kingdom of Spain any change in their respective positions on the question of Gibraltar or on the limits of that territory."
It is not detailed what is meant by "the limits of that territory."
Be that as it may, Moratinos wrote his letter on the same day to "Querido ministro", signing his letter 'con todo afecto', agreeing to it all.
But the story does not end here.
The United Kingdom Permanent Representative to the European Union, Kim Darroch, sent a letter about the agreement to the Spanish Permanent Representative, Carlos Basterreche, otherwise known as 'Dear Carlos', but when the Spaniard replied, and following the practice of Moratinos, his salutations were less informal: He addressed Kim as "Estimado Embajador".
The end of the story arrives when Kim sends copies of the exchange of letters between the two Permanent Representatives to the Secretary General/High Representative of the Council of the European Union Javier Solana and calls him 'Javia'.
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