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Saturday, July 30, 2005

Spanish Police declare go-slow at Frontier

Dispute with PSOE Govt


Gibraltar - La Linea Frontier - Spanish police trade unions have declared a work-to-rule as from August 1st 2005
Spanish police trade unions, the SUP (Sindicato Unificado de Policia) and UFP (Union Federal Policia), have declared a work-to-rule as from August 1st following a break-down in negotiations with the Spanish central government.

The industrial action is likely to have adverse consequences for frontier flow, causing greater delays in traffic and pedestrian crossings than has been the norm in recent times.

In a statement issued yesterday, the police unions said they had decided to step up their protest as a result of what they described as alleged “inaction, lack of interest and dishonesty of the Socialist Government,” whom they accuse of having reneged on a signed agreement with the national police unions.

It will not only be frontier flow that is targeted by the disgruntled policemen.

The presentation of ‘denuncias’ at La Linea’s police headquarters and the processing of documents such as ID’s, passports etc, will also be slowed down, with negative effects for the general public across the border.

In a statement the police unions say “the socialist government lacks all credibility with the security forces in Spain at a time when international terrorism has captured world-wide attention.”

They say that now governments in Europe are adequately reinforcing and strengthening their security forces, “the PSOE Government creates despondency and lack of motivation in our ranks.”

From The Gibraltar Chronicle - The Independent Daily First Published 1801

Unions express discontent with Reid “way forward” proposals


Rt Hon Dr John Reid MP - Secretary of State for Defence
Both sides to meet on Monday * TGWU/Prospect to attend “without prejudice”

Gibraltar’s trade unions TGWU/Prospect are known to be “unhappy” with the contents of a reply by new Defence Secretary Dr John Reid on the way forward for the MoD contractorisation plans.

Informed sources said the TGWU had received a reply from Dr Reid containing the skeleton arguments of the Ministry of Defence proposals, but stated that these “do not go far enough” to satisfy the Unions’ position in the dispute.

It has also been confirmed that the local trade union delegation consisting of TGWU District Officer Luis Montiel, Prospect General Secretary Michael Tampin and TGWU-MoD convenor Victor Ochello will be attending the talks with senior MoD officials at Transport House in London on Monday August 1st.

The MoD team led by Command Secretary Susan Scholefield (Permanent Joint Headquarters [PJHQ]) will include Gibraltar Command Secretary Phil Mallion.

A statement from both parties is expected after the talks.

Informed sources said that as far as the Unions are concerned, the meeting is not a consultation process or even a negotiation but an opportunity for the MoD to lay down their proposals on the table without prejudice to the Union’s position in the substantive court case on contractorisation which is going ahead in September.

From The Gibraltar Chronicle - The Independent Daily First Published 1801

Related Links:

29 July 2005 - TGWU/Prospect to meet MoD officials in UK next week

28 July 2005 - House approves bill to enshrine court ruling into statutes

21 July 2005 - Caruana spells out conditions for settlement at Naval Base

20 July 2005 - Negotiated settlement to Naval Base jobs crisis gains ground

14 July 2005 - MoD refrain from appeal in Unions case

30 June 2005 - Contractorisation gets big 'NO'

29 June 2005 - Chief Justice gives Union go ahead to challenge cuts

19 April 2005 Unions declare a united front on MoD Contractorisation

Gibraltar News Online Contractorisation Poll

Caruana unveils portraits of Gibraltar Chief Ministers

Chief Minister Peter Caruana unveiled the portraits of Gibraltar’s five Chief Ministers to date at The Mount on Thursday evening.

Presented to the people of Gibraltar by the Alwani Trust, the portraits have all been painted by local artist Ambrose Avellano.

The works have all been painted mainly from photographs at the time when the various chief ministers were in post. Sir Robert Peliza; Sir Joshua Hassan; Adolfo Canepa; Joe Bossano and Peter Caruana who was the only contemporary. The artist also consulted with their wives, and had a few personal sittings when possible.

Unveiling the portraits, the Chief Minister stated that there was no doubt that part of the heritage of Gibraltar and its people was its political, democratic and self-government heritage.

“This is not better reflected by the fact that we have quite a long line of Chief Ministers. It shows the amount of time for which we have been successfully running our own affairs as a community,” he said.

Turning to the former Chief Ministers he added, “it is fitting that we are here to receive together this tribute that the Alwani Trust has made to the people of Gibraltar.”

The portraits will be displayed for the public over the next few months, although it is still not known where. After that they will be housed at No.6 where it is expected the portraits of all former Chief Ministers will be hang permanently on the ground floor of No.6 Convent Place.

But the Chief Minister said he was not sure if it was appropriate for his own portrait to hang whilst he was still in office, and would probably have to wait for his successor to give the go ahead. He thanked the Alwani Trust for the work it carries out throughout the year and for this latest contribution.

From The Gibraltar Chronicle - The Independent Daily First Published 1801

Rock fire


Gibraltar - Eastern view of the Upper Rock Nature Reserve - The Cable Car station can be seen in the middle - Image courtesy of Jack Cox Travelpicspro.com
There was a small fire close to the Cable Car Station on the Upper Rock Nature Reserve yesterday.

The City Fire Brigade responded to the call and brought the fire, which was on the eastern cliffs overlooking Catalan Bay, swiftly under control.

The Royal Gibraltar Police also attended and sealed off the area.

The incident comes just weeks after a major fire on the lower slopes of the Upper Rock Nature Reserve, immediately behind the Mount Alvernia residence.

From The Gibraltar Chronicle - The Independent Daily First Published 1801

Images courtesy of Jack Cox @ Travelpicspro.com

Gibraltar Regiment Convent Guard


Royal Gibraltar Regiment Band - Image courtesy of Jack Cox Travelpicspro.com
Members of B Company The Royal Gibraltar Regiment will be conducting a Ceremonial guard mount at 12 o’clock outside The Convent today.

A CBF (Commander British Forces) spokesman said:

“The guard will be commanded by Lt Ernest Danino with Colour Sergeant Santos standing in as acting company Sergeant major.


Sir Francis Richards Governor of Gibraltar accepts the Parade - Image courtesy of Jack Cox Travelpicspro.com
The band and corps of drums of the Royal Gibraltar Regiment will be provide music for the mount which will be held in the presence of Governor Sir Francis Richards.”


From The Gibraltar Chronicle - The Independent Daily First Published 1801

Images courtesy of Jack Cox @ Travelpicspro.com

Friday, July 29, 2005

TGWU/Prospect to meet MoD officials in UK next week

Naval base contractorisation dispute

Local union leaders will travel to the UK this weekend ahead of a meeting with senior Ministry of Defence officials next Monday on the Naval Base privatisation plan.

A spokesman for the MoD’s Permanent Joint Headquarters [PJHQ] in Northwood said Susan Scholefield, PJHQ Command Secretary, would likely lead the ministry’s team at the talks.

Ms Scholefield is one of the top four officials in Northwood and provides policy, legal, presentational, financial and civilian human resources advice to the most senior officer at PJHQ, the Chief of Joint Operations Air Marshal Sir Glenn Torpy.

Local and UK representatives of both the Transport and General Workers’ Union and Prospect are expected to attend the meeting.

It will take place two weeks after UK Defence Secretary Dr John Reid discussed the Gibraltar privatisation plan with senior UK representatives of the TGWU and Prospect during recent talks on a wide range of human resource issues.

At the time Dr Reid described the talks as “very useful” and said he would respond in detail to the points raised by the unions “very shortly” with a view to reaching an agreed way forward.

Meanwhile in yesterday’s House of Assembly report on the MoD contractorisation, the reference to the case which led to a Supreme Court ruling, should have read “TGWU AND Prospect” as the parties bringing forward the case.

From The Gibraltar Chronicle - The Independent Daily First Published 1801

Related Links:

28 July 2005 - House approves bill to enshrine court ruling into statutes

21 July 2005 - Caruana spells out conditions for settlement at Naval Base

20 July 2005 - Negotiated settlement to Naval Base jobs crisis gains ground

14 July 2005 - MoD refrain from appeal in Unions case

30 June 2005 - Contractorisation gets big 'NO'

29 June 2005 - Chief Justice gives Union go ahead to challenge cuts

19 April 2005 Unions declare a united front on MoD Contractorisation

Gibraltar News Online Contractorisation Poll

Minister Vinet meets Miss Gibraltar 2005


Melanie Chipolina - Miss Gibraltar 2005
Miss Gibraltar 2005 Melanie Chipolina was presented with part of her prize money yesterday by Culture Minister Fabian Vinet.

Prize money presentations were also made to 1st Princess Shayanne Almeida, and 2nd Princess Kirian Lopez.

This year’s show produced by Stage One was the first occasion it had come under the auspices of the Ministry for Culture.

Meanwhile Mr Vinet in presenting the remainder of the prize money for last year’s Miss Gibraltar 2004, Helen Gustafson, congratulated her for having been such a popular ambassador for the Rock.

The Minister then offered his congratulations to the First and Second Princesses, before wishing Miss Gibraltar 2005 Melanie Chipolina the very best of luck in the Miss World Pageant, to be held in China later this year.

From The Gibraltar Chronicle - The Independent Daily First Published 1801

Related Article & Link:

04 July 2005 - Melanie takes the Crown and our Cup!

Miss Gibraltar Official Website

Miss World Pageant

DPC to inform Developer of the reasons for refusal

Funicular project

The company behind the controversial funicular project will soon hear formally from the Gibraltar Government as to the reasons why the scheme was refused outline planning permission at a meeting of the Development and Planning Commission earlier this year.

It has taken nearly three months to draft and approve the document detailing the criteria under which the DPC reached its decision last May 4.

Joe Holliday, Minister for Trade, Industry and Communications, said in a recent interview that it would be a “substantial reply” setting out clearly why the project was refused. He did not go into detail on the reasons except to say that they covered a range of issues including environmental, heritage and safety factors.

He added that the formal advice would most probably be sent to the developer, 21st Century Rock, by the end of this month.

The DPC’s decision to refuse outline planning permission last May came a day after anti-funicular campaigners handed Chief Minister Peter Caruana a petition signed by 7,350 people who opposed the scheme.

Once it receives the DPC’s reply, 21st Century Rock has several options open on how to proceed.

It can address the issues raised and re-submit the application. It can appeal the DPC’s decision. Or it can simply call it a day and withdraw the project.

In an interview with Chronicle last May 8, Leslie Ratcliffe, the driving force behind 21st Century Rock, left little doubt that he wished to push ahead with the scheme if possible.

“I believe the DPC made a very sensible decision in wanting further reassurances about the heritage and environment,” he said at the time.

“I believe the decision they made was the correct decision for the people of Gibraltar, taking all the factors into account.”

But he added:

“I’m waiting on the DPC to meet…to give me a structured reply as to how I might re-apply or appeal.”


From The Gibraltar Chronicle - The Independent Daily First Published 1801

Related Articles:

11 May 2005 - Anti-Funicular Groups welcome DPC decision

05 May 2005 - Funicular Proposal fails at first stage

27 March 2005 - Gibraltar News Online Poll gives a resounding 'No' to proposed Funicular Project

Funicular Project Photomontage

Opposition quiz Government on tax agreements with UK

Gibraltar Finance Centre debate

The GSLP/Liberals Opposition has expressed surprise that the Gibraltar Government should say that they are happy to enter into appropriate exchange of information arrangements with UK outside of the legal framework of the EU Directive for the Taxation of Savings Income.

In a statement issued yesterday, an Opposition spokesman said it was “incomprehensible” that the Gibraltar Government should have been “so angry and upset” at not being granted equal treatment by Britain in relation to other competitors, “when it now claims that this [exchange of information arrangements] will have no effect and that it is quite happy to do it.”

A GSLP/Lib spokesman said:

“There is of course no legal framework because there is no legal obligation to enter into such an agreement.

In the past Mr Caruana has indicated that it was not Government policy to enter into a voluntary agreement with the United Kingdom on exchange of information since this is not a requirement under European law.

In view of the fact that the Government announced in this year’s budget that Gibraltar residents are no longer required to pay tax on the income from savings and investments held outside Gibraltar, for example in the UK, there is even less reason for the Government of Gibraltar to want to receive this information from the UK in respect of its residents whose income is not taxable.

This in effect means that the granting of this exchange of information as a bilateral agreement based on reciprocity would be meaningless since the information would only be one way since it would only be useful to the UK Government to tax UK residents who have their money invested in Gibraltar.

Furthermore, when UK was negotiating with other Member States it agreed to the introduction of a system under which individuals in some Member States would be able to elect between paying a withholding tax or having their information provided to their home tax authorities.

Although the Gibraltar Government considered that giving competitors this advantage was denying Gibraltar institutions a level playing field, and although it said it pleaded with UK to be given equal treatment, the UK apparently turned a deaf ear to the pleas of the Gibraltar Government although it acceded to the same requests from the Channel Islands and the Isle of Man.

The Gibraltar Government complained bitterly about the attitude of the UK Government. It is incomprehensible that the Gibraltar Government should have been so angry and upset at the UK attitude when it now claims that this will have no effect
and that it is quite happy to do it.”


From The Gibraltar Chronicle - The Independent Daily First Published 1801

Related Articles & Links:

28 July 2005 - Government statement attempst to correct Taxation of Savings reports from Channel Islands

27 July 2005 - Guernsey decides not to shelve Tax deal with UK... yet!

European Savings Directive

22 July 2005 - Guernsey considers Euro Tax opt out

21 July 2005 - Gibraltar accused of taking advantage of loophole

04 July 2005 - Channel Island fury over Gibraltar tax ‘perk’

02 July 2005 - UK and Gibraltar Government seek deal on witholding tax

Thursday, July 28, 2005

Spain continues to say NO to Gibraltar’s 350

The chief executive of the Gibraltar Regulatory Authority, Paul Canessa, has rightly drawn attention in his annual report to the continued refusal by Spain to recognise Gibraltar's 350 code.

Highlighting two specific concerns of liberalisation in Gibraltar, he pointed, first and foremost, at "the continued refusal by Spain to recognise Gibraltar's IDD code (350) coupled with the European Commission's continued failure to address this problem as requested by the two complaints filed with it by Gibtel and GNC (now Gibtelecom) in 1996."

This means that the availability of numbers, the essential raw material, remains seriously circumscribed in Gibraltar.

It so happens that in 2003 and in 2004, the EC Commission took decisions that it was closing down the roaming complaint and the numbering complaint without taking action against Spain. There has been an appeal, but the cases are still pending.

The question of telecommunications was one of the issues discussed at the tripartite talks held in Portugal earlier this month.

A joint statement said that the forum had reviewed the work of the technical working group on telecommunications which had met several times since the Malaga meeting. The aim, it added, is to find a way acceptable to all sides, to increase the number of Gibraltar telephone numbers accessible from the Spanish network and to facilitate mobile roaming.

The working group was making good progress in identifying possible solutions, but it did not specify what this was.

From Panorama, Gibraltar's Online Daily Newspaper

House approves bill to enshrine court ruling into statutes

MoD contractorisation case

House of Assembly yesterday unanimously approved an amendment to enshrine in Gibraltar’s statute books a recent ruling by the Chief Justice in the MOD contractorisation court case.

The judgment stated that the Supreme Court had jurisdiction to hear the case brought forward by the TGWU.

Minister for Employment Joe Holliday said the amendment gives effect to the ruling which means that trade unions and workers “whose rights are violated by privatisation,” will be able to seek relief against this in the Supreme Court, since this is not available through the Industrial Tribunal which is far more limited in its powers to grant the recourse sought.

From the Opposition benches, Fabian Picardo welcomed what he described as “any legislation to entirely stop contractorisation,” and to stop any work currently undertaken by directly employed labour in the MoD being put into a contract.

Related Links:

21 July 2005 - Caruana spells out conditions for settlement at Naval Base

20 July 2005 - Negotiated settlement to Naval Base jobs crisis gains ground

14 July 2005 - MoD refrain from appeal in Unions case

30 June 2005 - Contractorisation gets big 'NO'

29 June 2005 - Chief Justice gives Union go ahead to challenge cuts

19 April 2005 Unions declare a united front on MoD Contractorisation

Gibraltar News Online Contractorisation Poll

Freedom of the City

Meanwhile a motion conferring the Freedom of the City of Gibraltar on the Institute of the Institute of the Blessed Virgin Mary, popularly known as the Loretto Sisters, was approved unanimously by the House of Assembly.

Mr Caruana reviewed the order’s historical role in the development of education on the Rock since their arrival in 1845.

Leader of the Opposition Joe Bossano recalled that the last time a religious order had been granted this honour was in 1977 when the Christian Brothers were the recipients of the freedom of the city. He said it had taken all these years to rectify the sex discrimination of not having extended the award to the nuns at the time.

The House of Assembly also passed an amendment to the Medical and Health Bill closing down a legal loophole that allowed for the importation of certain controlled drugs without an import licence. The amendment will now ensure that the importation of every controlled drug into Gibraltar is carried out by means of an import licence.

From The Gibraltar Chronicle - The Independent Daily First Published 1801

Support for TEP plan holders

The House of Assembly yesterday passed an ordinance relating to legal assistance that is designed to provide one-off legislative support to TEP plan holders.

The ordinance, which is “ring-fenced” to make it specific to TEP plan holders, amends existing legislation and is carefully worded to ensure that it does not pre-determine any of the legal issues in question.

Its aim is to enable people who might otherwise be unable to afford it to proceed with their claims in court using government-funded legal assistance.

It makes “special provision for claims of a legally-assisted person which are the subject of a group litigation order under the Civil Procedure Rules in accordance with public interest requirements,” the explanatory memorandum to the ordinance states.

The opposition backed the move, though opposition member Fabian Picardo said it was “long overdue”.

Chief Minister Peter Caruana, countered that the ordinance stemmed from “general” requests from TEP plan holders for help and that it would have been wrong for the government to rush through measures on such a complex and sensitive issue.

From The Gibraltar Chronicle - The Independent Daily First Published 1801

Related Article:

14 January 2004 - FSC Press Release - Traded Endowment Policy Plans ("TEP Plans")

House approves new anti-terrorism laws

The House of Assembly yesterday passed new anti-terrorism laws that mirror existing legislation in the UK except for one small, yet highly significant word: Or.

The section of the Terrorism Ordinance 2005 amended by the House during the closing debate of the budget session is entitled ‘Inciting terrorism outside Gibraltar’.

It states that a person would commit an offence if he incited someone to carry out an act of terrorism, “wholly or partly outside” Gibraltar, involving a murder, a wounding, a poisoning or an explosion.

But the section, which initially followed word for word the UK legislation, included a clause that excluded “any person acting on behalf of, or holding office under, the Crown” from criminal liability.

In simple terms, a person acting on government orders or employed by the government could not be charged under this section of the Terrorism Ordinance 2005 for inciting terrorism wholly or partly outside Gibraltar.

Peter Caruana, the Chief Minister, was only half-joking when he told the House that this clause hinted at covert British Government activity he would rather not contemplate.

“It’s the closest I’ve seen to an admission of things that I’ve always thought were officially denied,” he said.

But it was the word “or” that most concerned the Chief Minister and the House during yesterday’s debate. The worry was that the language in the UK legislation implied that any person “holding office under” the Crown – a civil servant in other words – could not be held criminally liable under this section of the law, even if that person was acting of his own accord and not under Crown orders.

“That means that provided they hold office under the Crown, it’s OK [to incite terrorism] even if they are acting on a frolic of their own,” Mr Caruana argued. “It can’t be right,” he added. “It’s absurd.”

He proposed, and the House accepted, an amendment that changed the word “or” for the word “and”, leaving the final version of the clause to read:

“Nothing in this section imposes criminal liability on any person acting on behalf of, and holding office under, the Crown.”

In other words, it is permissible under Gibraltar’s new anti-terrorism laws for a Crown employee acting on Crown orders to incite an act of terrorism wholly or partly outside Gibraltar.

Sanctions on Former Yugoslavia

The House of Assembly also unanimously approved a second motion in support of the implementation of a mandate of the international tribunal providing for economic sanctions in the form of criminal penalties to give practical effect to European Council regulations in respect of the former Yugoslavia, was also approved unanimously.

This referred to the flagrant violation of humanitarian law in Yugoslavia that constituted a threat to peace and were aimed at the restoration of peace. A similar text in respect of Burma was also unanimously approved.

From The Gibraltar Chronicle - The Independent Daily First Published 1801

Chief Minister leaves for the UK

The Office of the Chief Minister announced this morning that the Chief Minister Peter Caruana will be leaving this evening to hold meetings in London tomorrow.

Accompanied by Chief Secretary Ernest Montado he will be meeting Treasury officials on a range of issues relating to EU measures and financial services.

This will be followed by a meeting at the Foreign and Commonwealth Office tomorrow afternoon before returning to Gibraltar.

Gibraltar Government Press Release - 28 July 2005 - No: 180/2005

Spain asks for consultation on Environmental Impact

Eastside Development row

The Spanish Government has asked to be consulted on the environmental impact of the Eastside Project.

Spain’s Foreign Affairs Ministry (Ministerio de Asuntos Exteriores MAE) last month sent a diplomatic note to the UK Foreign Office via the British Embassy in Madrid, an embassy spokeswoman told the Chronicle.

The note sets out Spain’s desire to be consulted on the environmental impact assessment currently being carried out in relation to the Eastside Project. The British Government has yet to send a formal reply to Spain, the embassy spokeswoman added.

Spanish newspaper Europa Sur revealed the development in a front-page article yesterday that quoted a letter sent by Spanish foreign minister Miguel Angel Moratinos to local environmental group Grupo Ecologista Verdemar - Ecologistas en Acción.

According to the newspaper, Sr Moratinos told the group that Spain’s Foreign Affairs Ministry had called on the UK to halt work on the east side of the Rock until the full environmental impact of the proposed development was assessed. The letter added that the ministry shared Verdemar’s concerns that the Eastside Project could have a negative environmental effect on the Spanish side of the border.

According to Europa Sur, the matter was also discussed at the recent tri-partite talks in Albufeira, Portugal.

Earlier this week, the Gibraltar Government said the environmental impact assessment was already under way and that Gibraltar’s laws fully reflected European Union requirements in this context. (See article link below)

“Gibraltar, as always, fully intends to honour and comply with all its EU obligations including those in this case, namely, cross-border notification of environmentally sensitive projects,” the government said in a statement.

It also noted that Spain had failed to inform either the UK or Gibraltar about any of the numerous, and often major, reclamation projects carried out on the Spanish side of the Bay of Gibraltar or on the Mediterranean coast over the past few years.

From The Gibraltar Chronicle - The Independent Daily First Published 1801

Related Articles and Links:

Regulations 14 and 15 of Gibraltar’s Town Planning (Environmental Impact Assessment) Regulations, 2000

UNECE Protocol on SEA

European Union (EU) Directive on SEA (2001/42/EC) - transboundary consultations

26 July 2005 - Government responds to environmental impact assessment demands for Eastside Projects

26 July 2005 - Partido Andalucista voice objections to Eastside Development

27 January 2005 - Reactions in Spain - Juarez calls for environmental study into Eastside Project

26 January 2005 - Eastside Development first step taken for £1 Billion project

Gibraltar Government Press Release - 26 July 2005 - No: 178/2005

Government statement attempst to correct Taxation of Savings reports from Channel Islands

EU Directive on Taxation of Savings * Gib at centre of row

The Gibraltar Government yesterday issued a statement attempting to correct the recent Channel Islands' complaints about the EU Directive on Taxation of Savings issue, accusing them of being "based on lack of familiarity with the facts".

The statement issued by The Office of the Chief Minister reads:

The Government of Gibraltar notes statements in the Channel Islands which refer to a “last minute problem” and “an initial difference of views between the UK and Gibraltar” in the implementation of the Taxation of Savings Directives between the UK and Gibraltar and demanding a “quick resolution to the problem”.

There have even been calls for UK to “force” Gibraltar to comply with the Directive.

These remarks are based on lack of familiarity with the facts.

Gibraltar already is within the ambit of and complies with the Savings Directive.

There has been no “last minute problem”, nor any difference of views. Nor, as has been said has “Gibraltar signed up to the Directive”.

The Directive applies, and has always applied to Gibraltar as of right and obligation because Gibraltar is an integral part of the EU.

However, as was stated jointly by the Gibraltar Government and the UK Government in a joint press statement issued by them on 1st July 2005, the Directive does not apply as between the UK and Gibraltar because we are not separate member states in relation to each other.

Nevertheless, as announced jointly on 1 July 2005 the two governments are in discussion to agree appropriate arrangements for exchange of information between them outside of the legal framework of the Directive, which does not apply between them.

The two Governments have jointly announced that they are working together with a view to agreeing such arrangements during the next few months.

Expectations by ill informed third parties that this should happen by the end of this month are as inappropriate as they are unrealistic.

A spokesman for the Gibraltar Government said: -

“The Crown Dependencies appear to be getting over excited about this issue.

This is not a challenge or a difficult or controversial issue for Gibraltar or its finance centre, which is not orientated to or based on providing tax shelter to UK resident depositors affected by this Directive.

Gibraltar’s Finance Centre has developed well beyond a dependence on the sort of business that is jeopardised by this Directive.

We are happy to enter into appropriate exchange of information arrangements with the UK at its request which it has indeed made. Hence the discussions now taking place and the 1st July joint statement.


Gibraltar Government Press Release - 27 July 2005 - No: 179/2005

Related Articles & Links:

27 July 2005 - Guernsey decides not to shelve Tax deal with UK... yet!

European Savings Directive

22 July 2005 - Guernsey considers Euro Tax opt out

21 July 2005 - Gibraltar accused of taking advantage of loophole

04 July 2005 - Channel Island fury over Gibraltar tax ‘perk’

02 July 2005 - UK and Gibraltar Government seek deal on witholding tax

Sanlucar beaches set to welcome world's finest thoroughbreds

Sanlúcar de Barrameda 2005 horse races • Organisers trace historic Gib connections with event

Sanlucar de Barrameda horse races start from August 1st 2005The jockeys and thoroughbred mounts taking part in the 160th edition of the internationally renowned programme of races in the beaches of Sanlúcar de Barrameda (Cádiz), will take to the paddock on August 1st-3rd in the opening of the two competitive cycles that make up the competition.

The races will culminate with a second series from the 16th-18th later in the month.

The organising committee this week launched the 2005 poster with a special invitation extended to Gibraltar’s authorities, business community and horse racing fans in recognition of the strong horse-racing tradition that existed on the Rock at the turn of the 20th century.

This year the event, which is held in a natural setting with the breathtaking backdrop provided by the Parque Doñana nature reserve, promises to be an even bigger and more enthralling affair than ever before, and is certain to attract record-breaking crowds lining the beach to watch the exciting spectacle.

Last year attendances at what has become a sporting tradition in its own right and is firmly established in Spain’s official racing calendar, averaged 60,000 per race, attracting widespread media interest.

Historical Notes

Historians have traced how it was not only 19th century British travel-writers that were fascinated and drawn to this part of the world, chronicling their experiences of contemporary rural Spain in a profusion of literary texts.

The famous manzanilla wine that was already being produced while Napoleon was laying siege on Cádiz, and the horse races are defining characteristics of Sanlúcar de Barrameda that these authors have paid tribute to in their observations.

Features that turned Sanlúcar from sleepy rural village to the fashionable seaside resort that was later to exercise an irresistible pull on Spain’s wealthy classes in the early 20th century.

Horse racing in southern Spain was developed with the notable influence of orthodox British equestrian culture, that attracted an elite membership of aristocrats and noblemen to the sport.

The jockey clubs established in Jerez, Sanlúcar de Barrameda and Puerto de Santa Maria in the 1840’s followed rules and regulations that were similar to those already applied in Britain’s most famous racecourses.

Through the years the merger of these original elite clubs with more rank and file horse-racing associations such as the “Sociedad de Carreras de Caballos de Sanlucar de Barrameda”, widened the popular appeal and guaranteed the long term evolution of the races into modern times.

Other than in the rules and in the sharing of knowledge and enthusiasm, Britain’s contribution to the progression and consolidation of the sport was also recorded in an Englishman’s design of the first ever hippodrome constructed in Jerez in 1868, and in a generous sprinkling of English words that are still to be found in Spanish horse-racing terminology. For example “box”, “chance”, “paddock”, “foal”, “gentlemen”, “handicap”, “jockey”, “turf”, and “stud book.”

Gibraltar Links

It is no coincidence that in the 1920’s the “Sociedad de Carreras de Caballos de Andalucia” the organising body of the races at the time, had its headquarters at number 4 College Lane in Gibraltar.

Additionally, and in parallel to Gibraltar’s own racecourse at the airfield, the nearby town of Campamento organised its programme of events which attracted the participation of British and Gibraltarian stables with gentlemen jockeys who were usually serving British officers and a few high ranking figures based on the Rock.

A quick glance at some of the posters printed in the early days also reveals notable Gibraltarian connections.

In January 1910 the Andalusian championships were held under the auspices of two judges Messrs Joseph A Patron, who was also handicapper and honorary secretary, and Horace P Parodi. The starter was a Mr Joseph Manasco while Messrs A C Baca and William Isola were the Clerks of the Scales.

The list of stewards included a Mr Alexander Rugeroni and a Manuel Murto. All of them with the term esquire attached at the end of their surnames.

The honorary president of the event was Prince Don Carlos de Borbon, and the honorary vice-presidents were the Governor of Algeciras and “the Consul for Spain at Gibraltar.”

One of the trophies competed for was the Copa Gibraltar, and a jockey by the name of Juan Attias riding a horse named ‘Adler,’ chose the colours of the Union Jack for his uniform.

From The Gibraltar Chronicle - The Independent Daily First Published 1801

Related Links:

Sanlúcar de Barrameda Horse Races - Cadiz
Sanlúcar Online
Parque Doñana Nature Reserve

Wednesday, July 27, 2005

More details of proposed crematorium

The crematorium to be built in Devil's Bellows, in the Windmill Hill Road area, will be contained within an existing 2-storey building to the west of the site, said the developers.

There will be an access ramp, entrance hall, general offices and changing facilities for persons conducting the funeral service. There will be built even a hoist to the first floor for the disabled.

The hall will include seating accommodation for up to 80 persons attending the service.

Following the service, the front curtains will be drawn and rear curtains will open to remove the coffin.

The clinical waste facility will be contained in a new building to the east of the site. It will contain incinerators and other equipment.

The plans submitted for approval show that the area to the south of the crematorium will be landscaped into a garden of remembrance.

Parking spaces are also being taken care of. They will be located to the north-west below the crematorium and adjacent to the Devil's Bellows tunnel entrance.

The proposed layout separates the two functions as much as possible from clinical waste facility.

From Panorama, Gibraltar's Online Daily Newspaper

Big project for Los Barrios - thanks to Gibraltar

A big technological project, which it is said will create 700 new jobs, is to be built in Los Barrios - thanks to the cooperation that exists with Gibraltar.

The mayor of Los Barrios Alonso Rojas was meeting the Chief Minister Peter Caruana in Gibraltar yesterday evening, accompanied by the chairman of the British LPC Group Salim Tejani.

The group is to instal in Los Barrios a technological park, including a paper factory and another of pharmaceuticals, said a Press release issued by Los Barrios. The project will cost 250 million euros.

The aim of the visit here was to explain to Mr Caruana what the project entailed, as it is the "excellent relations with the Government of Gibraltar" that have led to this investment in Los Barrios.

From Panorama, Gibraltar's Online Daily Newspaper

Guernsey decides not to shelve Tax deal with UK... yet!

EU Directive on Taxation of Savings * Gib at centre of row

Guernsey has agreed to give the UK until the end of the year to plug a gap in the coverage of the EU savings tax directive.

At a meeting in the Isle of Man yesterday, the Crown Dependencies decided not to suspend their bilateral agreements with the UK.

‘It was agreed to accept the UK Paymaster General’s commitment to conclude arrangements with Gibraltar so as to ensure a level playing field during the period of the UK’s presidency of the EU,’ said a joint statement from the islands’ political leaders after discussions.

"We will be keeping in direct contact with the UK and will be monitoring progress closely.

In view of the very firm promises we have obtained from the UK Paymaster General, we are assured that the gap with Gibraltar will be closed.

However, we have already made it clear to her that it is a point of principle for us that the UK must deliver on its commitment."

Senior politicians from the Channel Islands and the Isle of Man met yesterday for their annual inter-island meeting.


Guernsey Chief Minister Laurie Morgan
Guernsey’s delegation was led by Chief Minister Laurie Morgan. Accompanying him was Deputy Chief Minister Bernard Flouquet, Commerce and Employment minister Stuart Falla and States chief executive Mike Brown.

Issues discussed included the European Union Constitution, the World Trade Organisation and the British-Irish Council, but it was the EU savings tax directive that dominated proceedings.

New cross-border tax arrangements were brought in across a major portion of the international community on 1 July when around 40 jurisdictions agreed to implement the long-awaited and highly controversial directive.

But just days before it came into action, Deputy Morgan revealed that the island was considering suspending its bilateral agreement after a last-minute problem arose involving Gibraltar and the UK.

The gap in the directive’s coverage led leading finance players to warn that investors in Guernsey could switch to Gibraltar.

The expected quick resolution failed to materialise and Deputy Morgan last week warned that suspension was a possibility.

This is Guernsey - News - News Stories - Savings Tax

Related Articles & Links:

European Savings Directive

22 July 2005 - Guernsey considers Euro Tax opt out

21 July 2005 - Gibraltar accused of taking advantage of loophole

04 July 2005 - Channel Island fury over Gibraltar tax ‘perk’

02 July 2005 - UK and Gibraltar Government seek deal on witholding tax

A dozen Entrants for Model Search 2005

Model Search 2005 takes place this coming Saturday at the Alameda Open Air Theatre.

The contest has attracted a total of twelve delegates and they are busy rehearsing, attending promotional events and attending workshops lead by professionals in different fields.

They have already participated in a makeup and beauty care workshop led by Karisse Fa and a photographic workshop led by Mark Montovio and Charlene Figueras.

Last week they attended a workshop led by Aimee Jay from Aimee Jay Intimates at the ICC on how to make the most of underwear and other accessories available.

“It is key to professional models to understand what is available on the underwear market to maximise the look of any garment they model. The models learnt how to use many items including clothing tape, adhesive bras, and silicone to ensure a no show look is achieved on the runway,” said Aimee Jay.

The delegates will be judged throughout the evening and will appear in different styles to include swimwear, evening wear and a street culture style of their own choosing.

Personality, style and attitude will be crucial as the judges seek to award points to delegates who look comfortable on the runway and demonstrate confidence when interacting with the audience and others.

There are 14 prizes in total to be awarded but the coveted top prize will involve the opportunity to attend an international modelling contest abroad, a one year contract with Mount Productions, the development of a professional photographic portfolio worth £1000, professional business cards and calling cards, £150 cash and further opportunities for professional grooming and castings in Gibraltar and Spain. They will also become the faces advertising the winter collection of evening wear at Trends in Gibraltar.

This year’s edition is based on hip-hop and street culture and will see performances from Gibraltar and Spain, including Danza Academy and Southlink from Gibraltar, Nerja Theatre Workshop from Nerja, White Coffee from Marbella, and Lethal Style from Malaga. A special collection of fabrics brought over from Zimbabwe and Jessica Garcia's new jewellery designs will also be showcased.

Tickets for the show priced at £12 are on sale from The Nature Shop at Casemates

From Panorama, Gibraltar's Online Daily Newspaper

‘Crazy Kayaks’ retrace Nelson’s last voyage


A Kayak similar to the one used by ‘Crazy Kayaks’, members of the Gibraltar Canoe Association, on their intrepid charity fund raising journey retracing Lord Nelson's last voyage to the Bay of Gibraltar - Photo courtesy of Sapucai.com
Their call sign on the VHF marine radio was ‘Crazy Kayaks’ and yesterday they lived up to the name.

Four men, all members of the Gibraltar Canoe Association, set off in seagoing kayaks from Cape Trafalgar just before sunrise, destination Gibraltar.

Travelling unaccompanied and relying entirely on each other, their aim was to mark the 200th anniversary of the Battle of Trafalgar and raise money for charity by retracing the last voyage of Admiral Nelson to the Rock.

But the anticipated voyage time of seven hours ultimately stretched to 11 hours after they encountered a series of hold-ups on the way.

For a start, the weather was not on their side. Even though the wind and the tide were in their favour, they were often battling large waves and choppy seas as they made their slow, gruelling way down the Spanish coast to Tarifa and then into the Strait of Gibraltar.

Somewhere between Cape Trafalgar and Tarifa (View Satellite Image) they suffered an emotionally devastating setback after one of the four men – Norman Garcia – was forced to drop out of the trip following a bout of vomiting brought on by food poisoning.

They came ashore and made arrangements for Mr Garcia’s return to Gibraltar, but there was little question of the other three canoeists - Arthur Asquez, Eugenio Pons and Sigurd Haveland - pulling out of the trip. Within two hours, they were on their way once again.

For a while yesterday afternoon there was concern on shore after the three men lost contact with those following their progress on land. For several hours they could not be reached by radio or mobile phone, leaving anxious relatives and friends wondering how they were faring and fearing that something had gone wrong. Then, at around 5pm, the signal station at Windmill Hill managed to make radio contact and, shortly after, the Crazy Kayaks were spotted rounding Punta Carnero and heading into the Bay of Gibraltar.

As they paddled in toward the Rock they were accompanied by a Defence Police speedboat and a patrol boat from the Royal Gibraltar Police Marine Section, who kindly gave the local press a lift.

As they made landfall in Rosia Bay, where Admiral Nelson’s body is said to have been brought ashore after the battle 200 years ago, the three men were applauded and greeted by friends and family, greatly relieved to see them home safe and sound. The canoeists looked physically shattered, but jubilant.

“This is the most wonderful experience I’ve had in my life,” said Mr Pons, summing up their mood.

From The Gibraltar Chronicle - The Independent Daily First Published 1801

Editor's Note:

Surprisingly, The Chronicle does not mention the most important aspect of this intrepid journey by these guys from the Gibraltar Canoe Association!

The whole idea was to raise money for two charities, Rainbow Ward (unfortunately I can't find a link for Rainbow Ward) and Wireless for the Blind.

Anyone interested in donating money to the four canoeists for their great efforts on successfully concluding their Trafalgar voyage should contact Mr Asquez on 55076 during the day and 43896 during the evening.

Note: Gibraltar International dialling code: 350 - If dialling from Spain: 9567 (followed by the number)

Our Congratulations to Arthur Asquez, Eugenio Pons, Norman Garcia and Sigurd Haveland for their great efforts! I very much hope Norman has now recovered and is ready for his next challenge... whatever that may be!

Related Articles & Links:

13 July 2005 - Canoeists do the 'Full Nelson'!

23 April 2005 - Gibraltar commemorates 200 years since the Battle of Trafalgar

Wireless for the Blind

200th anniversary of the Battle of Trafalgar

The Battle of TrafalgarBattle of Trafalgar at Amazon.co.uk

Tuesday, July 26, 2005

Government responds to environmental impact assessment demands for Eastside Projects

Eastside Project: Environmental Impact Assessment and Comment by Spanish Regional Political Government

In a statement issued this afternoon, the Government reply to objections voiced by the Partido Andalucista and others respecting the proposed Eastside Development

The statement from the Office of the Chief Minister reads:

The Gibraltar Government notes, with some surprise, the demands by a Spanish Regional Political Party, and by the Gibraltar Environmental Safety Group (ESG), for an environmental impact assessment to be carried out in relation to the Eastside Project. This is already the case, as has been announced publicly by the Government on several occasions (see press release dated 25th January 2005 and 16th June 2005). This is precisely the stage at which the project is.

The laws of Gibraltar fully reflect EU requirements in relation to both public and private projects that are deemed to have a significant effect on the environment and thus require an environmental impact assessment before they can be approved. These provisions are set out in the Town Planning (Environmental Impact Assessment) Regulations 2000. These regulation regulate how such projects must be dealt with both domestically, and internationally with any neighbouring country whose environment may be affected by the project.

Gibraltar (as always) fully intends to honour and comply with all its EU obligations including those in this case, namely, cross-border notification of environmentally sensitive projects. However, those Spanish politicians who may be thinking of falling into the temptation to play international politics with this issue should be aware that in not a single one of the many huge land reclamation projects carried out in recent years on the Spanish side of the Bay of Gibraltar or on La Linea’s Mediterranean coast has the appropriate planning authority in Spain complied or even tried to comply with these very same EU cross-border notification obligations. Neither Gibraltar (as required by the EU Directive) nor even the UK has been notified of a single one of these reclamation projects prior to their approval and execution. Some of them have been hard up against the land border, for example the La Linea pier and port in the Bay.

Accordingly, it seems unlikely that Campo or Gibraltar public opinion will allow itself to be misled by blatant double standards, into thinking that land reclamation projects are fine when they occur on a wholesale basis across the border in Spain for the benefit of its economic and social development, but are terrible and must be stopped when they happen in Gibraltar for our economic and social benefit.

Those same politicians in Spain may also wish to ponder on the appropriateness of publicly demanding compliance by Gibraltar with a law (with which we are in any case complying), but with which they themselves systematically do not comply in relation to Gibraltar


Cross-Border notification Requirements

EU Legal requirements relating to “developments with significant transboundary effects” are set out in Regulations 14 and 15 of Gibraltar’s Town Planning (Environmental Impact Assessment) Regulations, 2000.

In a nutshell, the mutual obligations are these:

When a planning authority handles a project which requires an Environmental Impact Assessment and is likely to have significant effects on the environment in another member state, that State must be sent (or may itself request) a description of the development together with any available information on its possible significant effect on the environment of that other state, and information on the nature of the decision which may be taken. If that member state then indicates that it wishes to participate in the procedure set out in the Regulations, it is sent a copy of the planning application, the environmental Statement and other relevant information.

All this happens simultaneously with the publication of the same information to the general public in Gibraltar.

The authorities in the neighbouring member state (as well, obviously, as the general public in Gibraltar) then have an opportunity, before planning permission is granted, and within a reasonable time, to express their opinion on the information supplied. If necessary, there would be cross border consultations on any potential significant effects of the development on the environment of the other Member State and the measures envisaged to reduce or eliminate such effects.

The decision whether or not to authorise the project remains a decision of the country in which the project is located, in our case, Gibraltar.

Regulation 14 deals with the regime for projects in Gibraltar that may affect the environment of another Member State (effectively and in practice, Spain) and Regulation 15 makes corresponding provision for when projects in Spain may affect the environment of Gibraltar. Spain, of course, has under this EU law, the very same corresponding obligations viz a viz Gibraltar.

The Bill currently before the House deals, amongst other things, with EU obligations relating to transboundary notifications in respect of installations that cause environmental pollution, and is not therefore concerned with land reclamation or real estate development issues.

Related Articles and Links:

UNECE Protocol on SEA

European Union (EU) Directive on SEA (2001/42/EC) - transboundary consultations

26 July 2005 - Partido Andalucista voice objections to Eastside Development

27 January 2005 - Reactions in Spain - Juarez calls for environmental study into Eastside Project

26 January 2005 - Eastside Development first step taken for £1 Billion project

Gibraltar Government Press Release - 26 July 2005 - No: 178/2005

Partido Andalucista voice objections to Eastside Development

EU environmental regulations * House to debate transboundary consultation bill

Spanish regional opposition group the Partido Andalucista has urged the Junta de Andalucia to lodge an objection with the Gibraltar Government in respect of the Eastside development and reclamation project. (See related links below).

The PA wants the Rock’s authorities to paralyse the works “until an environmental impact assessment has been carried out.”

The move comes just a few days before the House of Assembly is due to debate amendments to the Pollution Prevention Control Ordinance, which includes a section on transboundary consultations and exchange of information, in our case with Spain, where “the operation of an installation is likely to have significant negative effects on the environment” of another EU member state.

This would also apply in respect of a project on the other side likely to have negative effects on the environment in Gibraltar.

Under the amendment, there are provisions for consultation to be initiated at the request of either side, and as far as it is applies to Gibraltar, for the official forwarding of information regarding the project to another member state, at the same time as this is made available to persons in Gibraltar, namely a non-governmental organisation promoting environmental protection.

The fact that a decision is subject to a national or transboundary consultation or
environmental impact assessment will be made public by the relevant local authority.


Antonio Moreno Olmedo - Member for Cadiz of the Partido Andalucista in the regional parliament
Meanwhile Antonio Moreno, PA member of the regional parliament has already formulated questions to the government in Seville, and has expressed concern that the Eastside project could have damaging effects on the environment and lead “to a loss of sand by the beaches on the La Linea side.”

Sr Moreno who wants the Junta de Andalucia to make representations to the Madrid Government and to the European Union, said a subsequent regeneration of the beaches would be a financially costly exercise.

Environmental groups such as Grupo Ecologista Verdemar - Ecologistas en Accion, have expressed similar criticisms against the Eastside development and have spoken in terms of “an irreparable damage to the coastline.”

ESG call for Impact Study

Meanwhile the local Environmental Safety Group (ESG) has called for an environmental impact assessment into the Eastside Development project and other developments in the pipeline.

In reply to Chronicle questions ESG spokeswoman Janet Howitt said:

“We reiterate that we will continue to campaign for issues such as an up to date development plan for Gibraltar (prior to any more permissions issued for new developments), and an environmental Impact Assessments to be carried out on both private and government developments.

There is a need for sustainable development incorporating renewable energy systems and green technologies. There is also a need to allow green areas and spaces in all new developments, as well as ensuring that no existing green areas in Gibraltar are lost in the building process.

We are concerned that many of the proposed developments do not currently meet any sustainable technology standards. Where resources and opportunities allow, the ESG has and will continue to present its objections on environmental grounds to any future developments it believes would seriously affect our natural and living environment or be unnecessarily polluting.

Given the already severe load on our infrastructure and roads, the group also considers that radical enlargement of our developed areas could disrupt our lives even further.”

From The Gibraltar Chronicle - The Independent Daily First Published 1801

Related Articles and Links:

UNECE Protocol on SEA

European Union (EU) Directive on SEA (2001/42/EC) - transboundary consultations

27 January 2005 - Reactions in Spain - Juarez calls for environmental study into Eastside Project

26 January 2005 - Eastside Development first step taken for £1 Billion project

Is Caruana falling into constitutional trap?

by our Political correspondent

Gibraltar is on its way to a record-breaking 'slow coach' award over the slow-moving constitutional talks.

Unless things are speeded up, the 'modernisation' might end up being an archaic idea, ready for the dustbin.

That is what the Foreign Office would want, and the Chief Minister Peter Caruana is seemingly falling into the trap.

The whole concept of constitutional reform goes back to 1999 - and everything has been moving at snail-pace.

When the first meeting was finally held between a Gibraltar delegation and the UK delegation at the end of last year, good progress was reported. If that was the case, what is holding back a breakthrough?

Procrastination

Even at the December talks the UK side was already seen to be advancing their policy of procrastination. Eventually it was agreed to hold the next round in March. But March came and went, and nothing happened.

The election was a great excuse to slow things down more. But that was in early May - and the same party got back to power. So, why more delay?

Now, the long, hot summer is being given as the latest excuse.

And no one knows what other excuses will be trumped up to delay the process as much as possible.

The autumn? But is that not when the tripartite talks are due to resume?

Oh dear. What about Straw and Moratinos wanting to show progress before the year is out? Will that 'progress' be affected if there is a constitutional meeting? Even though one thing has nothing to do with the other...

Expense

But in the Foreign Office there are those who want to see 'trilateral progress' at the expense of any constitutional progress.

It could well be that a meaningless meeting could be organised to give the impression that something is happening.

If not the year could roll over and only one meeting will have taken place in Gibraltar's glorious plan to 'modernise' its constitution.

A snail-pace record in Gibraltar's constitutional history.

From Panorama, Gibraltar's Online Daily Newspaper

Cable car broken into in weekend of crime

Thirty people were arrested over the weekend for a variety of offences.

Nine of the arrests were on the strength of warrants issued by the Magistrates Court.