TNAG-2951-FCO40-4228-Hong-Kong-visa-free-travel-for-British-Nationals-(Overseas)--1993 — Page 37

Rrk after holiday.

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سلام

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нету 345/3

27 AUG 1993

From: Paul Berman

Assistant Legal Adviser K157 270 2579

Date: 25 August 1993

Deputy Legal Adviser

Cc: Mr Eaton

Ms B-J

Mr Ricketts, HKD

Mr Levi, ECD (I)

Mr Macleod, UKRep Brussels Ms Brookes o.r.

Assistant Legal Adviser

Mr D I Lewty

MVD

COMMON VISA LIST: ARTICLE 100(c)

I refer to your minute of 13 August to Ms Brookes which has been passed to me in Ms Brookes' absence.

1.

2.

You have asked whether the list of third countries whose nationals require visas, adopted under article 100 (c), merely constitutes a minimum list or whether it also constitutes a maximum list which can not be added to by individual Member States. Having regard to the wording of article 100 (c) 1, any list adopted by the Council would only appear to be a minimum list. Under article 100 (c), the Council will only determine the third countries whose nationals must be in possession of a visa when crossing external borders. The provision does not stipulate that individual Member States may not impose national visa requirements on third countries which are not covered by the Council decision.

3.

When the Maastricht Treaty comes into force, article 100 (c) as part of that Treaty, will enter into force immediately. This simply means that the Council will have the power (and obligation) to adopt a decision under article 100 (c) 1. However, until the Council does adopt a decision there will be no legal vacuum. Article 100 (c) does not prohibit Member States from imposing national visa requirements. Until a list is adopted by the Council under article 100 (c) 1, there is no reason why Member States should not continue to apply existing arrangements. I have not seen details of the Commission proposal for a Directive to "confirm the status quo", but any arguments that such a

actually necessary will have to be

Directive is examined.

closely