2002/585/EC: Council Decision of 12 July 2002 on the adaptation of parts III and VIII of the common consular instructions
Date: 2002-07-12
Institutions: Council of the European Union
Subjects: EU visa policy, Schengen Agreement, admission of aliens, consulate, cooperation policy, diplomatic representation, exchange of information, provision of services, travel agency

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 12 July 2002

on the adaptation of parts III and VIII of the common consular instructions

(2002/585/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Having regard to Council Regulation (EC) No 789/2001 of 24
April 2001 reserving to the Council implementing powers with
regard to certain detailed provisions and practical procedures
for examining visa applications (1),

Having regard to the initiative of the Kingdom of Belgium and
the Kingdom of Spain,

Whereas:

(1)

(2)

(3)

It is necessary to ensure the maximum possible harmo-
nisation of the processing of visa applications lodged
through travel agencies with the diplomatic missions
and consular posts of the Member States in order to
reduce the risks of visa shopping and abuse of proce-
dure.

It is necessary to incorporate into the common consular
instructions rules which supplement in greater detail the
arrangements for and monitoring of cooperation with
private administrative agencies, local travel agencies and
package tour operators in the processing of visa applica-
tions with the diplomatic missions and consular posts of
the Member States.

The purpose of defining the conditions for cooperation
with travel agencies is not to inhibit free competition
between them but solely to establish the conditions on
which diplomatic missions and consular posts may
cooperate with travel agencies to process visa applica-
tions.

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark annexed to the Treaty on Euro-
pean Union and to the Treaty establishing the European
Community, Denmark is not participating in the adop-
tion of this Decision and is not bound by it or subject to
its application. Since this Decision aims to build upon
the Schengen acquis under the provisions of Title IV of
the Treaty establishing the European Community,
in
accordance with Article 5 of the said Protocol Denmark
will decide within a period of six months after the
Council has adopted this Decision whether it will trans-
law.
pose it into its national

As regards the Republic of Iceland and the Kingdom of
Norway, this Decision constitutes a development of the
provisions of the Schengen acquis falling within the area
referred to in Article 1(B) of Council Decision 1999/
437/EC of 17 May 1999 on certain arrangements for
the application of
the Agreement concluded by the
Council of the European Union and the Republic of
Iceland and the Kingdom of Norway concerning the
association of those two States with the implementation,
application and development of the Schengen acquis (2).

In accordance with Articles 1 and 2 of the Protocol on
the position of the United Kingdom and Ireland annexed
to the Treaty on European Union and to the Treaty
establishing the European Community, those Member
States are not participating in the adoption of
this
Decision and are therefore not bound by it or subject to
its application,

(5)

(6)

HAS ADOPTED THIS DECISION:

In point 4 of part III of the common consular instructions the following paragraph shall be added:

‘Part VIII.5 contains more detailed rules on visa applications processed by private administrative
agencies, travel agencies and tour operators and their retailers.’

Article 1

(1) OJ L 116, 26.4.2001, p. 2.

(2) OJ L 176, 10.7.1999, p. 31.

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Article 2

The following section shall be added to Part VIII of the Common Consular Instructions:

‘5. Visa applications processed by private administrative agencies, travel agencies and package

tour operators

The basic rule for visa applications is that there should be the possibility of a personal interview.
However, this may be dispensed in so far as, where there is no reasonable doubt as to the good faith
of the applicant, the purpose of the journey or the applicant's actual intention of returning to the
country of origin, a reputable and solvent entity, organising trips for groups, supplies the diplomatic
mission or consular post with the necessary documentation and vouches, with reasonable reliability,
for the applicant's good faith, the purpose of the journey and the applicant's actual intention of
returning (see point III.4).

It is both common and useful, particularly in countries with a large surface area, for private
administrative agencies, travel agencies, and tour operators and their retailers to act as authorised
intermediaries of the applicant. These commercial intermediaries are not uniform in nature as they
do not enter into the same degree of commitment in relation to clients entrusting them with the
in
processing of a visa; so that, the degree of solvency and reliability expected of them will,
principle, be directly proportional to their degree of involvement in the overall planning of the
journey, accommodation, medical and travel
insurance, and their responsibility for the client's
return to the country of origin.

5.1. Types of intermediary

(a) The simplest type of intermediary are private administrative agencies, where the assistance
given to the client involves only the supply of identity and other supporting documents on
the client's behalf.

(b) A second type of commercial entity is that of transport agencies or local travel agencies, in
involved in
some cases linked to air carriers, whether or not these are flag carriers,
scheduled or charter passenger transport. Their assistance to the client includes the supply
of supporting documents as well as, where appropriate, ticket sales and hotel reservations.

(c) A third type of intermediary is constituted by tour organisers or operators, being natural or
legal persons organising package tours on a non-occasional basis (preparation of travel
documentation, transport, accommodation, other tourist services not ancillary to these
elements, medical and travel insurance, internal transfers, etc.) which sell such package
tours, or offer them for sale directly or via a retailer or travel agency contractually linked to
the tour operator.

For the tour operator and the agency retailing the package trip, the visa applicant is no
more than the consumer of the arranged trip, with the offer to process the visa application
being part of the arrangement. This third, complex type of intermediary service comprises
several phases and facets which can be subject to objective monitoring: business documen-
tation, management, the actual completion and destination of the trip, accommodation and
scheduled group entries and exits.

5.2. Harmonisation of cooperation with private administrative agencies, travel agencies, tour operators and

their retailers

(a) All diplomatic missions and consular posts located in the same city should endeavour to
achieve harmonised application at local level of the guidelines set out below based on the
type of intermediary role performed by the agencies concerned. Although it is for each
diplomatic mission or consular post to decide whether or not to work with agencies, they
must retain the option of withdrawing accreditation at any time if experience and the

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interests of a common visa policy so dictate. If a diplomatic mission or consular post
decides to work with an agency, it must adhere to the working practices and procedures set
out in this section.

— The consular posts of the Member States must be particularly vigilant and will coop-
erate closely in the evaluation and exceptional accreditation of private administrative
agencies. The processing of their visa applications will be subject to meticulous exam-
ination, with checks being conducted in every case on the supporting documents of the
visa holder and on those relating to the licence and entry in the commercial register of
the private agency.

— For the evaluation of visa applications lodged by transport agencies or local travel
agencies, particular attention must be paid to the circumstances of the applicant and
the case-by-case verification of the supporting documents. The consular posts must
cooperate closely, reinforcing their respective mechanisms for detecting irregularities in
the agencies and in the carriers themselves, and,
in support of those mechanisms,
irregularities committed by agencies must be notified at the level of local and regional
consular cooperation.

— The criteria governing the accreditation of travel agencies (tour operators and retailers)
will,
inter alia, take into account: the current licence, the commercial register, the
company statutes, contracts with the banks which they use, up-to-date contracts with
Community recipients of tourism services, which must include all the elements of the
package trip (accommodation and tour package services), contracts with airlines, which
must include outward and guaranteed, fixed return journeys, as well as the required
medical and travel insurance. Visa applications lodged by these travel agencies must be
carefully scrutinised.

(b) In the context of local consular cooperation, diplomatic missions and consular posts will
also endeavour to harmonise working practices and procedures as well as the criteria for
monitoring the proper functioning of private administrative agencies, travel agencies and
tour organisers (tour operators and retailers). Such monitoring must at least comprise
checks at any time on accreditation documentation, spot checks involving personal or
telephone interviews with applicants, verification of trips and accommodation, and, wher-
ever possible, verification of the documents relating to group return.

(c) There must be an intensive exchange of relevant information on the operation of private
administrative agencies, travel agencies and tour organisers (tour operators and retailers):
notification of
exchanges concerning refused visas,
regular
communication of detected forms of travel document fraud and failure to effect scheduled
trips. Cooperation with private administrative agencies, travel agencies and tour organisers
(tour operators and retailers) must be discussed at the regular meetings organised within
the framework of common consular cooperation.

irregularities detected,

(d) At the level of local consular cooperation, lists must be exchanged of private administrative
agencies, travel agencies and tour organisers (tour operators and retailers) to which accredi-
tation has been given by each diplomatic mission or consular post or from which
accreditation has been withdrawn, together with the reasons for any such withdrawal.

(e) Private administrative agencies, travel agencies and tour organisers (tour operators and
retailers) must submit to the diplomatic missions and consular posts to which they are
accredited the names of one or two staff authorised as intermediaries to lodge visa
applications.’

Article 3

This Decision shall apply from the date of its publication in the Official Journal of the European Communities.

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This Decision is addressed to the Member States in accordance with the Treaty establishing the European
Community.

Article 4

Done at Brussels, 12 July 2002.

For the Council

The President

T. PEDERSEN