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STS 852/93
various preconditions contained in and commitments arising out of
the Schengen Agreement.
4
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In
Spain has been implementing unilateral arrangements for general exemption from visas at the border to citizens of
Australia, Bahrain, Kuwait, Malaysia, Oman, Qatar, Saudi Arabia, Yemen and the territory of Hong Kong (BDTC and BNO passports). all the above cases 1 October has been set as the date for ending the unilateral exemption from the visa requirement at the border. It is incorrect to state that Spain is reintroducing the visa
system.
5
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Therefore the regime concerning the movement of Hong Kong citizens has always been and continues to be one where a visa is
required. The measure waiving the general exemption is unavoidably required in order to bring Spanish practice into line with the Schengen Agreement, but, as has been stated, it is technically incompatible with Article 5 of that Agreement, given Article 12 of the Spanish Organic law.
6 - The Spanish measure affects all citizens of States or territories to which the unilateral Spanish arrangement had been extended, independently of whether or not those countries are
included on the Schengen Common List. The measure is not directed at the citizens of the territory of Hong Kong. This Ministry regrets that the entry into force of the Schengen Agreement coincides with the delicate situation in which that territory
finds itself regarding the transfer of sovereignty which will take
place in January 1997.
7 - On 19 August last, Germany, France and Portugal also required
visas for BNO and BDTC passports while the Benelux countries,
Greece and Italy did not.
8 Prior to the internal consultation procedures, a Note Verbale was sent to the British Embassy in Madrid on 29 June.
Additionally, the Head of the Consular Affairs Department orally
explained the reason for the Note to a representative of that
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