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C
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007233 MDHOAN 6751
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FM FCO
TO DESKBY 13100OZ GIBRALTAR
TELNO 163
OF 13060OZ SEPTEMBER 90
INFO ROUTINE MADRID, UKREP BRUSSELS
SIC
CHIEF MINISTER'S CALL ON MR GAREL-JONES: 11 SEPTEMBER
SUMMARY
1. A FRIENDLY AND WIDE-RANGING INITIAL ENCOUNTER BETWEEN BOSSANO AND MR GAREL-JONES. AGREEMENT TO EXAMINE INTERNALLY THE TERMS OF GIBRALTAR'S RELATIONSHIP WITH EC AND TO PASS TO BOSSANO WHATEVER INFORMATION WE COULD ON THE COMMISSION'S LEGAL VIEW ON THE PROTECTION OF GIBRALTAR'S RIGHTS UNDER THE 1983 REGIONAL AIR SERVICES DIRECTIVE.
DETAIL
2. BOSSANO OPENED BY CRITICISING THE WAY IN WHICH THE WORDING OF THE 1990 AIR TRANSPORT REGULATION HAD BEEN CHANGED WITHOUT CONSULTATION WITH THE GIBRALTAR GOVERNMENT. HE HAD BEEN ADVISED BY HIS ATTORNEY GENERAL THAT THE AGREED REGULATION, BY OMITTING THE SPECIFIC SAVING FOR GIBRALTAR'S RIGHTS UNDER THE 1983 DIRECTIVE, HAD DEPRIVED HER OF THESE RIGHTS. HMG HAD EFFECTIVELY 'DONE THE DIRTY' ON GIBRALTAR. HIS GOVERNMENT HAD BEEN CONSULTED AT AN EARLY STAGE AND BOSSANO CLAIMED THAT HE HAD BEEN ASSURED THAT THE CLAUSE REFERRING TO GIBRALTAR WOULD REMAIN IN. ITS EVENTUAL EXCLUSION HAD BEEN A SURPRISE. HE RECOGNISED THAT THE RESIDUAL RIGHT TO LINKS BETWEEN REGIONAL AIRPORTS WAS UNLIKELY TO BE OF PRACTICAL VALUE BUT THE PRINCIPLE WAS IMPORTANT. IT APPEARED TO HIS GOVERNMENT THAT GIBRALTAR HAD LOST A RIGHT WHICH IT HAD ENJOYED BEFORE SPAIN BECAME AN EC MEMBER.
3. IN REPLY MR GAREL-JONES SAID THAT WE SHARED BOSSANO'S VIEW ON THE IMPORTANCE OF PROTECTING THESE RESIDUAL RIGHTS AND OUR LEGAL ADVICE WAS THAT THEY HAD BEEN PROTECTED. THE COMMISSION HAD CONFIRMED THIS OPINION. TO BE DOUBLY SURE WE WOULD LET BOSSANO HAVE A NOTE CONFIRMING THE COMMISSION'S VIEWS. WE WERE SURE OUR INTERPRETATION WOULD BE UPHELD IN ANY LEGAL PROCEEDINGS.
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BOSSANO SAID THAT HE REMAINED UNHAPPY ABOUT
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