She
is
CONFIDENTIAL
HUD 345 29 SEP 1993
OFFICE
T
INVES
104351 MDHIAN 6871
CONFIDENTIAL
FM MADRID
TO IMMEDIATE FCO
TELNO 455
OF 271734Z SEPTEMBER 93
INFO IMMEDIATE HONK KONG, UKREP BRUSSELS
TOP COPY Q DIST?
YOUR TELNO 845 TO HONG KONG AND BRUSSELS TELNO 479: SPANISH VISA REGIME FOR HONG KONG BDTCS AND BNOS
1.
THE SPANIARDS DO NOT BELIEVE THEY ARE INSTITUTING A NEW VISA REGIME, BUT RETURNING TO AN EXISTING ONE, BECAUSE THEY DO NOT CONSIDER THE WAIVER TO BE CONSISTENT WITH THEIR INTERPRETATION OF THE SCHENGEN AGREEMENT.
2.
WE HAVE DEPLOYED ALL THE AVAILABLE AGREEMENTS, BUT THIS CLOSE TO 1 OCTOBER, I SEE LITTLE POSSIBILITY OF CONVINCING THEM TO SUSPEND ACTION UNLESS WE CAN PRODUCE A DETAILED REBUTTAL OF THEIR LEGAL POSITION. IN THIS CONTEXT WE WOULD BE INTERESTED IN YOUR VIEWS ON THE COMMENTS BY LENAERTS IN 2ND TUR, IN PARTICULAR ON THE JUDGEMENT IN PARA 3. ANY ACTION HOWEVER MUST BE TAKEN VERY SOON. WITHOUT A STRONG LEGAL CASE, A FURTHER APPROACH HERE HAS LITTLE PROSPECT OF SUCCESS.
3.
A VISA ABOLITION AGREEMENT WOULD TAKE TIME TO NEGOTIATE, AND WE WOULD NEED TO PERSUADE THE SPANIARDS THAT IT WAS COMPATIBLE WITH THE SCHENGEN AGREEMENT. THEY WOULD ALSO PROBABLY PREFER ANY SUCH AGREEMENT TO BE CONCLUDED WITH SCHENGEN COUNTRIES, AND NOT JUST WITH SPAIN.
4. OTHERWISE, THERE IS LITTLE PROSPECT OF OUR BEING ABLE TO SUCCEED HERE. IT WOULD BE HELPFUL IF HONG KONG COULD TAKE EVERY OPPORTUNITY TO EXPLAIN THAT THE SPANISH ACTION IS NON-
DISCRIMINATORY, AND IS CONSISTENT WITH THEIR APPROACH TO OTHER COUNTRIES. I CONTINUE TO BELIEVE THAT SPANISH MOTIVES ARE NOT DICTATED BY GIBRALTAR.
FEARN
1
PAGE
CONFIDENTIAL
No comments yet.
Private notes are available after approval.