Spanish prosecutors urge Madrid to follow Gib’s example and criminalise fuel logistics for drug trafficking

By Maria Jesus Corrales

Spanish prosecutors have called for tougher laws to tackle the storage and transportation of fuel for drug-smuggling ships, citing Gibraltar’s Petroleum Act 2021 as an example.

After Spain banned large rigid-hulled inflatable boats in 2018 (Gibraltar had already taken the step in 1995), drug gangs began using smaller vessels to fuel RHIBs at sea.

But storing and transporting large quantities of fuel poses serious and obvious risks.

Currently, Spain considers this an administrative offence punishable only by a fine, while in Gibraltar, possession of large quantities of fuel is a criminal offence punishable by hefty fines and long prison sentences, up to life imprisonment in the most serious cases.

Tougher laws made Gibraltar unattractive to drug gangs, who occasionally used the city as a logistical base for refuelling large RHIBs at sea.

The Spanish Public Prosecutor’s Office is now urging the Spanish government to do the same, with the issue being raised for the second year in a row in its 2024 annual report.

“Last year, the Public Prosecutor’s Office proposed legislative changes to discourage the use of these (drug smuggling) boats by criminalizing the transport and storage of gasoline in certain quantities and without an administrative permit, as Gibraltar did in its 2021 Petroleum Act reform,” the report said.

Classifying illegal fuel logistics as a criminal offense “would prevent many of these activities that are impossible to tackle by other means because it is difficult to prove that the gasoline is intended to fuel drug boats involved in drug trafficking.”

“Only occasionally is it possible to have someone commit an administrative offence and impose a fine, which, given the type of person involved, is never paid.”

The report highlighted another benefit of criminalizing the offense.

“The gasoline seized under administrative procedures remains stored in places that are often ill-equipped for that purpose and when the fuel is not seized as a result of criminal proceedings, it cannot be used or sold to support the fight against drug trafficking,” the report said.

Francisco Mena, president of the anti-drug group Alternativas, said his organization has long advocated for stricter laws on fuel logistics in the drug trade.

“We have been saying for years that you can’t lock someone up for having a can of petrol, but if he is caught with a thousand litres, that should be punishable by a prison sentence under the Criminal Code,” he told the Chronicle.

“If 3,000 or 4,000 liters of gasoline are found in a business premises, the person responsible for storing it should go to jail.”

Mr Mena also points to the fire risk posed by storing unauthorised fuel in locations that are not properly equipped for this purpose, and by transporting dangerous goods such as fuel on public roads without the necessary permits and procedures.

“We requested the criminalization of these acts long before the Public Prosecutor’s Office did,” he added.

“We were told it was being investigated, but it appears the matter is gathering dust.”

“But we keep pushing for it.”

Mr Mena also noted that drug traffickers often transported the fuel in small, rigid-hulled boats, which were exempt from the ban on larger RHIBs, allowing them to operate in Spanish waters.

“Drug boats continue to drift in international waters, waiting to enter Morocco for hashish or to come here to the Campo de Gibraltar to smuggle it,” he said.

“Those on board need fuel, cigarettes, food… That’s what the petaqueros bring them in small, semi-rigid boats.”

“Because the transport of petrol is not punished, this situation continues with impunity.”

“There is virtually no cooperation with Morocco, and in the case of Portugal, drug boats are not prohibited.”

“They are now produced there, which creates a direct border effect on the adjacent coast of Huelva.”

The Public Prosecution Service noted these problems in its report, in which it called for greater cooperation from both Morocco and Portugal in tackling drug trafficking via the Strait of Gibraltar.

“Portugal is dealing with drug trafficking as a result of these types of boats, as they are also used to bring drugs into its territory,” the report said.

“Furthermore, the fact that (the RHIBS) are not classified as prohibited goods is being exploited by traders to store them, assemble engines and install communication systems for their final transport to Spain.”

“The traditionally good cooperation with Portugal requires a coordinated approach to this issue.”

The report shows that in Huelva, a country bordering Portugal, there have been a significant number of convictions related to the seizure of RHIBs.

It was also noted that smugglers often seek refuge in Morocco’s territorial waters. There is a need for cooperation to address this problem.