Proposal for a Council Decision concerning the conclusion of the Memorandum of Understanding between the European Community and the National Tourism Administration of the People's Republic of China on visa and related issues concerning tourist groups from the People's Republic of China (ADS)
Date: 2003-12-15
Institutions: European Commission
Subjects: China, EU visa policy, European Community, admission of aliens, bilateral agreement, protocol to an agreement, tourism

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.12.2003
COM(2003) 790 final

2003/0299 (CNS)

Proposal for a

COUNCIL DECISION

concerning the signing of the Memorandum of Understanding between the European
Community and the National Tourism Administration of the People's Republic of China
on visa and related issues concerning tourist groups from the People’s Republic of
China (ADS)

Proposal for a

COUNCIL DECISION

concerning the conclusion of the Memorandum of Understanding between the
European Community and the National Tourism Administration of the People's
Republic of China on visa and related issues concerning tourist groups from the
People’s Republic of China (ADS)

(presented by the Commission)

EN

  EN

EXPLANATORY MEMORANDUM

I.

POLITICAL AND LEGAL FRAMEWORK

In the Joint Press Statement of the 5th EU-China Summit, leaders stressed the importance of
people  to  people  contact  between  China  and  the  EU,  in  particular  through  an  increased
number of visits by organised travel groups of Chinese citizens to Europe. According to the
World Tourism Organisation, China will become one of the biggest sources of global tourism
within the next ten years. It is estimated that 100 million Chinese could be travelling abroad
by  2020  and  increased  Chinese  tourism  to  Europe  will  undoubtedly  lead  to  substantial
economic and cultural benefits.

However, travel restrictions still apply for Chinese nationals. According to the legislation of
the  People’s  Republic  of  China,  Chinese  nationals  can  make  tourist  tours  abroad  only  to
tourist destinations which have been determined in bilateral tourism agreements with states of
destination.  Only  after  the  Chinese  State  Council  has  granted  Approved  Destination  Status
(ADS) to a country,  and  thereby approved  it  as  a  destination  for  its  citizens,  can  a  bilateral
ADS agreement be drawn up to allow Chinese tourist groups to travel to that country.

On 22 April 2002, the Commission had adopted a recommendation for a Council decision to
authorise  it  to  open  negotiations  for  an  ADS  Agreement  between  the  Community  and  the
People’s Republic of China. On 16 September 2002, the Council authorised the Commission
to negotiate an ADS accord between the Community and China.

Once the ADS memorandum of understanding is signed, Chinese nationals will still need to
be  in  possession  of  a  visa  to  enter  the  Community  (as  required  by  Council  regulation
539/2001),  but  will  benefit  under  the  memorandum  of  understanding  from  facilitated
procedures to obtain tourism visas, thus fostering development of Chinese tourism in Europe
and  people  to  people  contacts.  However,  the  Commission  and  Member  States  deemed  it
essential to prevent abuse of the mechanism, notably by illegal overstayers. Consequently, the
negotiation mandate given to the Commission included the requirement for a legally binding
readmission clause in the agreement.

The  Commission  held  a  first  round  of  exploratory  talks  with  the  Chinese  National  Tourism
Administration (CNTA)  in Beijing on 29  October 2002.  A draft  text  for a  future agreement
was  transmitted  to  the  Chinese  Side  on  20  January  2003.  The  first  round  of  formal
negotiations for  a Community ADS Agreement with China took place on 12 February 2003
and good progress had been achieved. However, because of SARS and China’s resistance to
the inclusion of a readmission clause within the text, only limited progress was achieved, even
though  several  proposals  and  counterproposals  on  the  text  had  been  exchanged.  On  1  July
2003,  the  CNTA  confirmed  in  writing  that  ADS  Status  has  been  granted  to  the  European
Community.

A breakthrough in the negotiations was only achieved after intense political pressure from the
EU  on  China  during  the  Athens,  Bali  and  New  York  EU-China  Foreign  Minister  Troika
Meetings (June-September 2003). Furthermore, the EU stressed its wish to conclude an ADS
accord together with other agreements during the EU-China Summit. On 23 September 2003,
a  Chinese  counterproposal  was  received  featuring  a  state  obligation  to  readmit  overstayers
within the text of the accord.

2

 
On 30 September 2003, the second round of negotiations took place in Beijing during which a
final text was agreed upon. The memorandum of understanding, which is legally binding, was
initialled in Beijing on 30 October 2003 during  the 6th EU-China Summit. The fact that the
Commission  has  been  able  to  make  the  Chinese  agree  to  a  readmission  clause  is  a  major
achievement, which none of the 23 countries (including Germany and Hungary) who already
have a bilateral agreement has been able to obtain. The unprecedented acceptance by Beijing
of a readmission clause within the ADS context could well pave the way for the Commission
in its efforts to have China agree to open negotiations on a readmission agreement.

Member  States,  in  particular  through  the  Asia  Oceania  Working  Group,  the  Strategic
Committee on Immigration, Frontiers and Asylum (SCIFA), the Visa Working Group and the
High Level Working Group on Migration have regularly been informed and consulted at all
stages of the negotiations.

II.

OUTCOME OF THE NEGOTIATIONS

The Commission considers that the objectives set by the Council in its negotiating directives
were  attained  and  that  the  draft  Memorandum  of  Understanding  is  acceptable  to  the
Community.

The final content of the draft can be summarised as follows:

-

-

-

-

The  Memorandum  of  Understanding  is  divided  into  4  sections  with  8  articles
altogether.  It also contains  a protocol  in the annex  on  the  New  Member  States  and
four joint declarations.

Section I, Articles 1-3, provide definitions and set out the purpose and scope of the
Memorandum of Understanding

Section  II,  Article  4  and  5,  deal  with  visa  procedures  and  readmission.  Article  4
describes the procedures to be followed for the granting of short-term Schengen visas
which have to contain the ‘ADS’ reference. The procedures are based on the Council
decision of 12 July 2002, which introduced into the Common Consular Instructions
(CCI)  specific  and  detailed  rules  concerning  visa  applications  processed  by  private
administrative  agencies,  travel  agencies  and  package  tour  operators.  The  Chinese
designated travel agencies will act as authorised representatives of the visa applicants
and  forward  the  visa  applications  of  their  tour  group.  Personal  interviews  may
beprovided  for.  The  visa  applications  will  be  processed  in  accordance  with
applicable  legislation.  Measures  will  be  taken  against  designated  Chinese  travel
agencies in breach of EU and/or Chinese regulations.

The readmission obligation of the Government of the People’s Republic of China is
clearly spelled out in Article 5 of the Memorandum of  Understanding. Paragraph 1
sets out the obligation of the participating travel agencies to report without delay to
the Member State having issued the visa and to the CNTA, any ADS tourist missing
from  the  group or not having  returned  to China.  Paragraph  2  states  that  the  related
travel  agencies  will  work  immediately  with  the  competent  departments  of  the
Contracting Parties in the case of an illegal overstayer to help send back and receive
the tourist, “who shall be readmitted by the Government of the People’s Republic of
China”. Paragraph 2 further establishes that documentary evidence must be provided
to  prove  identity  as  a  Chinese  citizen.  Paragraph  5  of  the  joint  declaration  on

3

 
-

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-

implementation  arrangements  states  that  the  documentary  evidence  referred  to  in
Article 5 (2) of the MoU must include passports, visas applications, EU immigration
control records, travel agency documents, or photocopies thereof.

Section  III,  Article  6  creates  the  Approved  Destination  Status  Committee  to  help
implement  the  Memorandum  of  Understanding.  The  Committee  must  establish  its
own rules of procedure and will meet whenever necessary at the request of one of the
Contracting Parties. The Community will be represented by the Commission.

Section IV, Articles 7 and 8 contains the necessary rules on entry into force, duration
and  termination  of  the  Memorandum  of  Understanding.  Article  7  specifies  that
similar ADS MoUs between a Member State and China will no longer apply as of the
entry  into force  of  this  MoU.  Paragraph  6  of  Article  8  states  that  the  MoU  will  be
legally binding on the two Contracting Parties under public international law.

The Annex contains a protocol on the New Member States stating that, by derogation
from Article 4(3) of the MoU, the Member States acceding to the European Union on
1 May 2004 will issue national visas limited to their own territory until the Council
Decision provided for in Article 3 (2) of the Act of Accession takes effect.

joint  declaration  on 

The 
specific
implementation 
recommendations regarding travel agencies, protection of Chinese tourist rights, tour
leaders  and  tour  guides,  information  requirements  and  documentary  evidence.  It  is
important  to  note  that  the  lists  of  travel  agencies  to  be  furnished  to  the  CNTA  by
Member States are open lists, which have to be updated regularly.

arrangements  makes 

The  specific  situation  of  Denmark,  the  United  Kingdom  and  Ireland  is  reflected  in
the 5th and 6th recital and in two joint declarations attached to the Memorandum of
Understanding. The close association of Norway and Iceland to the implementation,
application and development of the Schengen Acquis is likewise reflected in a joint
declaration attached to theMemorandum of Understanding.

III.

THE DRAFT DECISIONS

The attached proposals constitute the legal instrument for the signature and conclusion of the
Memorandum  of  Understanding.  The  legal  basis  for  the  signature  and  conclusion  of  the
Memorandum of Understanding are Article 62 (2)_(b) (ii) and (iv) and Article 63 (3) (b) EC
in conjunction with Article 300 EC. The Council will decide by unanimity, Art. 300 para. 2
subpara.  1  in  conj.  with  Art.  67  (1)  EC  Treaty.  The  European  Parliament  will  have  to  be
formally  consulted  on  the  conclusion  of  the  Memorandum  of  Understanding,  in  accordance
with the first paragraph of Art. 300 para. 3 EC Treaty.

The  proposed  decision  concerning  the  conclusion  of  the  Agreement  sets  out  a  simplified
procedure  for  the  establishment  of  the  Community  position  in  the  ADS  Committee
established  by  Article  6  of  the  Agreement.  These  procedures  follow  those  that  have  been
adopted  by  the  Council  in  the  decision  concerning  the  conclusion  of  the  readmission
agreement with Hong Kong.

4

 
The  implementation  of  the  Agreement  will  also  require  cooperation  between  the  consular
authorities of the Member States applying the agreement. Subject to any contrary provision in
the  agreement,  the  provisions  of  the  Common  Consular  Instructions,  and  in  particular  the
provisions of Part VIII regarding consular cooperation at local level, will be applicable.1

IV.

CONCLUSIONS

In the light of the above-mentioned results, the Commission proposes that the Council should:

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-

decide  that  the  Memorandum  of  Understanding  be  signed  on  behalf  of  the
Community and authorise the President of the Council to appoint the person(s) duly
empowered to sign on behalf of the Community;

approve, after consultation of the European Parliament, the attached Memorandum of
Understanding  between  the  European  Community  and  the  National  Tourism
Administration of the People’s Republic of China.

1 

OJ C 313, 16.12.2002, p. 1.

5

 
                                                
Proposal for a

COUNCIL DECISION

concerning the signing of the Memorandum of Understanding between the European
Community and the National Tourism Administration of the People's Republic of China on visa
and related issues concerning tourist groups from the People’s Republic of China (ADS)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 62 (2) (b)
(ii) and (iv) and 63 (3) (b) EC in conjunction with Article 300 paragraph 2, first subparagraph, second
sentence thereof,

Having regard to the proposal from the Commission2

Whereas:

(1)

(2)

(3)

(4)

(5)

By its Decision of 16 September 2002, the Council authorised the Commission to negotiate an
agreement between the European Community and the Government of the People's Republic of
China on Authorised Destination Status (ADS).

Negotiations for the Agreement took place in Beijing in February and September 2003.

Subject to its possible conclusion at a later date, the Memorandum of Understanding initialled
in Beijing on 30th October 2003 should be signed.

In accordance with the Protocol on the  position  of  the  United Kingdom and Ireland,  and the
Protocol  integrating  the  Schengen  acquis  into  the  framework  of  the  European  Union,  the
United Kingdom and Ireland do not take part in the adoption of this Decision and are therefore
not bound by it or subject to its application.

In  accordance  with  the  Protocol  on  the  position  of  Denmark,  annexed  to  the  Treaty  on
European Union and to the Treaty establishing the European Community, Denmark does not
take  part  in  the  adoption  of  this  Decision  and  is  therefore  not  bound  by  it  or  subject  to  its
application.

HAS DECIDED AS FOLLOWS:

Sole Article

Subject  to  possible  conclusion  at  a  later  date,  the  President  of  the  Council  is  hereby  authorised  to
designate the person(s) empowered to sign, on behalf of the European Community, the Memorandum
of Understanding between the European Community and the National Tourism Administration of the

2

6

 
                                                
People's  Republic  of  China  on  visa  and  related  issues  concerning  tourist  groups  from  the  People’s
Republic of China (ADS).

Done at Brussels,

For the Council
The President

7

 
2003/0299 (CNS)

Proposal for a

COUNCIL DECISION

concerning the conclusion of the Memorandum of Understanding between the
European Community and the National Tourism Administration of the People's
Republic of China on visa and related issues concerning tourist groups from the
People’s Republic of China (ADS)

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular,
Article 62(2) (b) (ii) and (iv) and 63(3) (b) EC in conjunction with Article 300 paragraph 2,
first subparagraph, second sentence, and paragraph 3, first subparagraph thereof

Having regard to the proposal from the Commission3

Having regard to the opinion of the European Parliament4

Whereas:

(1)

(2)

(3)

(4)

(5)

The  Commission  has  negotiated  on  behalf  of 
the  European  Community  a
Memorandum  of  Understanding  between the  European  Community  and  the  National
Tourism Administration of the People's Republic of China on visa and related issues
concerning tourist groups from the People’s Republic of China (ADS).

This  Agreement  was  signed,  on  behalf  of  the  European  Community,  on  …….2003
subject  to  its  possible  conclusion  at  a  later  date,  in  accordance  with  Council
Decision……../……/EC of [………….]

This Agreement should be approved.

The Agreement establishes a Committee which may take decisions having legal effect
on  certain  technical  matters.  It  is  therefore  appropriate  to  provide  for  simplified
procedures for the establishment of the Community position in such cases.

In  accordance with the Protocol on the  position  of  the  United  Kingdom  and  Ireland,
and the Protocol integrating the Schengen acquis into the framework of the European
Union,  the  United  Kingdom  and  Ireland  do  not  take  part  in  the  adoption  of  this
Decision and are therefore not bound by it or subject to its application.

3

4

OJ C

8

 
                                                
(6)

In accordance with the Protocol on the position of Denmark, annexed to the Treaty on
European  Union  and  to  the  Treaty  establishing  the  European  Community,  Denmark
does not take part in the adoption of this Decision and is therefore not bound by it or
subject to its application.

HAS DECIDED AS FOLLOWS:

Article 1

The  Memorandum  of  Understanding  between  the  European  Community  and  the  National
Tourism  Administration  of  the  People's  Republic  of  China  on  visa  and  related  issues
concerning tourist groups from the People’s Republic of China (ADS) is hereby approved on
behalf of the Community.

The text of the Memorandum of Understanding is attached to this Decision.

Article 2

The  President  of  the  Council  shall  give  the  notification  provided  for  in  Article  8  (2)  of  the
Memorandum of Understanding5.

Article 3

The  position  of  the  Community  within  the  Approved  Destination  Status  Committee  with
regard  to  the  adoption  of  its  rules  of  procedure  as  required  under  Article  6  (5)  of  the
Memorandum  of  Understanding  shall  be  taken  by  the  Commission  after  consultation  of  a
special committee designated by the Council.

For  all  other  decisions  of  the  Approved  Destination  Status  Committee,  the  position  of  the
Community  shall  be  adopted  by  the  Council,  acting  by  a  qualified  majority,  on  a  proposal
from the Commission.

This Decision shall be published in the Official Journal of the EuropeanUnion.

Article 4

Done at Brussels,

For the Council
The President

5

The  date  of  entry  into  force  of  the  Memorandum  of  Understanding  will  be  published  in  the  Official
Journal of the European Union by the General Secretariat of the Council.

9

 
                                                
ANNEX

MEMORANDUM OF UNDERSTANDING

between the National Tourism Administration of the People’s Republic of China,

and The European Community

On Visa and Related Issues concerning Tourist Groups from

the People's Republic of China

(ADS)

THE NATIONAL TOURISM ADMINISTRATION OF THE PEOPLE’S REPUBLIC OF CHINA

and

THE EUROPEAN COMMUNITY,

Hereinafter referred to as "the Contracting Parties"

Desiring  to  facilitate  organised  group  travel  from  the  People’s  Republic  of  China  to  the
Community;

Conscious that such travel will require matters of visa and related issues to be addressed;

Considering that such travel will contribute to strengthening the tourism sectors in both China
and the Community;

Determined  to  ensure  that  this  Memorandum  of  Understanding  will  be  applied  in  strict
conformity  with  the  applicable  Chinese  regulations  and  the  Community’s  internal  market
disciplines;

Considering  that  the  provisions  of  this  Memorandum  of  Understanding  do  not  apply  to  the
United Kingdom and  Ireland, in accordance with the Protocol  on the position  of the United
Kingdom and Ireland, and the Protocol integrating the Schengen acquis into the framework of
the  European  Union,  annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing
the European Community;

Considering  that  the  provisions  of  this  Memorandum  of  Understanding  do  not  apply  to  the
Kingdom of Denmark, in accordance with the Protocol on the position of Denmark annexed
to the Treaty on European Union and the Treaty establishing the European Community;

HAVE AGREED AS FOLLOWS:

SECTION I: SUBJECT AND DEFINITIONS

For the purpose of this Memorandum of Understanding:

Article 1
Definitions

10

 
(a)

(b)

(c)

(d)

(e)

(f)

“Member State” shall mean any Member State of the European Community, with the
exception of the Kingdom of Denmark, Ireland, and the United Kingdom.

“Chinese  Citizen”  shall  mean  any  person  who  holds  the  passport  of  the  People’s
Republic of China.

“Territory  of  the  Community”  shall  mean  the  Territory  in  which  the  treaty
establishing  the  European  Community  is  applicable  with  the  exception  of  the
territory of Denmark, of Ireland, of the United Kingdom and of the French overseas
departments.

“Chinese  Designated  Travel  agency”,  shall  mean  any  travel  agency  selected  and
designated  by  the  National  Tourism  Administration  of  the  People’s  Republic  of
China (CNTA).

“Courier”  shall  mean  the  person  entitled  to  submit  visa  applications  for  a  tourist
group to the embassies or consular offices of Member States in China  according to
the  procedure  established  in  Article  4  paragraph  2  of  this  Memorandum  of
Understanding.

“Schengen  Visa”  is  the  uniform  visa  laid  down  in  Article  10  of  the  Schengen
Application Convention.

Article 2

Purpose and Scope of Application

This  Memorandum  of  Understanding  shall  apply  to  the  travel  by  tourist  groups  of  Chinese
citizens at their own expenses from China to the territory of the Community. For this purpose,
the Community shall enjoy the status of an approved destination (ADS).

Such travel will be organised in  accordance with  the provisions  and  requirements set out in
this Memorandum of Understanding.

Article 3
Tourist Groups

Participants in Chinese tourist groups shall enter and leave the territory of the Community as a
group.  They  shall  travel  within  the  territory  of  the  Community  as  a  group  according  to  the
established travel programme. The minimum number of participants in a tourist group should
be no less than five

SECTION II. VISA PROCEDURE AND READMISSION

Article 4
Visa Procedure

Chinese Designated Travel Agencies

The Chinese side shall designate travel agencies in China (hereinafter referred to as
“Chinese designated travel agencies”) which have been authorised by the CNTA to
operate  outbound  travel  of  Chinese  citizens  to  the  Member  States.  The  Member

1.

(a)

11

 
(b)

2.

(a)

(b)

(c)

3.

(a)

(b)

States’ embassies and consular offices shall accredit these designated travel agencies
to act as authorised representatives of the  visa applicants. The CNTA will notify to
the  Commission  and  the  Member  States’  embassies  and  consular  offices  the  list  of
the Chinese designated travel agencies, including their addresses, telephone numbers,
fax numbers, emails and contact persons.

In  case of any violation of EU  and/or  Chinese regulations by  a  Chinese designated
travel  agency  in  operating  the  outbound  travel  of  the  Chinese  citizens,  appropriate
measures  against  such  agency  in  accordance  with  the  legislation  in  force  will  be
taken.  This  includes,  where  appropriate,  the  withdrawal  of  the  travel  agency’s
designation  by China, or of its accreditation with  the  Member  States’  embassies  or
consular offices in China.

Couriers

Each Chinese designated travel agency may appoint up to two persons to act on their
behalf and account as couriers in the necessary visa application process for Chinese
tourist  groups  wishing  to  visit  the  territory  of  the  Community.  The  couriers  are
entitled  to  submit  visa  applications  for  such  groups  to  the  embassies  or  consular
offices of Member States in China.

They shall be authorised to enter Member States’ embassies or consular offices with
a  badge  issued  by  CNTA  and  a  photo  identity  badge  and  certificate  issued  by
Member  States’  embassies  or  consular  offices,  to  which  the  CNTA  shall  give
relevant details of the persons acting as couriers of each travel agency. The certificate
will contain at least the name and address of the travel agency and the name of the
agent acting as courier.

In  case  a  designated  travel  agency  is  no  longer  accredited  with  a  Member  State’s
embassy  or  consular  office,  the  travel  agency  concerned  is  obliged  to  return  the
badges and certificates to the issuing Member State’s embassy or consular office for
their  subsequent  invalidation.  Furthermore,  an  accredited  travel  agency  has  the
obligation to return the badge and certificate to the issuing Member State’s embassy
or consular office if the person who was acting as its courier is no longer employed
in that capacity with that agency.

Visa Applications

When lodging visa applications for a group of clients of an accredited Chinese travel
agency  with  the  Member  States’  embassies  or  consular  offices,  the  travel  agencies
shall  also  submit  the  following  documents:  a  communication  signed  by  the
representative  of  the  said  travel  agency  with  information  on  the  planned  trip,
payment  of  travel  costs,  adequate  insurance,  the  names  of  the  tour  participants,
together  with  each  participant’s  passport  and  duly  completed  application  forms
signed  by  each  traveller.  Where  necessary,  further  documents  and/or  information
may be requested by the Member States’ embassies or consular offices.

The  visa  applications  will  be  processed  according  to  applicable  legislation.  Visas
shall  in  principle  be  granted  by  Member  States’  embassies  or  consular  offices  in
whose territory the sole or main destination of the foreseen visit is located. Where it
is impossible to determine  the main  destination, or where visits  of  equal length  are
foreseen,  the  Member  State’s  embassy  or  consular  office  of  the  first  entry  into

12

 
(c)

(d)

1.

2.

1.

2.

a)

Community  territory  shall  be  in  charge  of  granting  the  visa.  Member  States’
embassies  or  consular  offices  may  foresee  personal  or  telephone  interviews  with
applicants.

The visa to be issued by the Member States’ embassies or consular offices shall be a
Schengen  visa,  limited  to  a  maximum  of  thirty  days,  issued  in  conformity  with
applicable legislation. It shall be an individual Schengen visa carrying the reference
“ADS”.

If  the  embassies  or  consular  offices  of  the  Community  approve  visa  applications
from travel agencies, other organisations or individuals that are not designated travel
agencies by CNTA, CNTA shall not be responsible for any problems arising during
the subsequent trip in the territory of the Community.

Article 5
Illegal Overstay and Readmission

Chinese designated travel agencies and the participating Community travel agencies
are required  to  report,  without  delay,  to  their  respective  authorities,  the  CNTA  and
the competent authority of the Member State having issued the visa, any ADS tourist
missing from the group as well as any ADS tourist not having returned to China.

In case of any illegal overstay of any ADS tourist, the related travel agencies of the
Contracting  Parties  shall  work  immediately  with  the  competent  departments  of  the
Contracting  Parties  to  help  sending  back  and  receiving  the  tourist,  who  shall  be
readmitted  by  the  Government  of  the  People’s  Republic  of  China.  Documentary
evidence  shall  be  provided  to  prove  his  or  her  identity  as  a  Chinese  citizen  for  the
purpose of readmission. The airfare shall be borne by the tourist. If the tourist cannot
afford  it,  the  costs  associated  with  his  or  her  repatriation  have  to  be  borne  by  the
competent authority of the Member State concerned, which will then ask the relevant
Chinese designated travel agency to pay back the airfare by receipt. In this case, the
related Chinese travel agency shall repay the airfare cost to the competent authority
of  the  Member  State  concerned  within  30  days  after  the  readmission  of  the  tourist
and recover the costs from the tourist.

SECTION III. IMPLEMENTATION AND INFORMATION EXCHANGE

Article 6
Approved Destination Status Committee

In  order  to  ensure  the  sound  operation  of  this  Memorandum  of  Understanding,  the
Contracting  Parties  shall  exchange  information  and  data  in  good  time,  and  work
closely together. In order to monitor the correct implementation of the Memorandum
of Understanding, a consultative mechanism will be established.

To  this  end,  the  Contracting  Parties  shall  set  up  an  Approved  Destination  Status
Committee  (hereinafter  referred  to  as  “the  Committee”)  which  will,  in  particular,
have the task

to  monitor  the  application  of  this  Memorandum  of  Understanding  and  to  draft  a
report on the implementation of the Memorandum of Understanding every year;

13

 
b)

c)

d)

3.

4.

5.

to decide on implementing arrangements necessary for the uniform execution of it;

to have regular exchanges of information;

to  recommend  amendments  to  this  Memorandum  of  Understanding  to  the
Contracting Parties.

The Committee shall be composed of Representatives of the Contracting Parties. The
Community  shall  be  represented  by  the  European  Commission;  China  shall  be
represented  by  the  National  Tourism  Administration  of  the  People’s  Republic  of
China.

The  Committee  shall  meet  whenever  necessary  at  the  request  of  one  of  the
Contracting Parties.

The Committee shall establish its rules of procedure.

SECTION IV. FINAL PROVISIONS

Article 7
ADS Arrangements of Member States

Any  similar  Memorandum  of  Understanding  or  arrangement  between  China  and  a  Member
State  shall  no  longer  be  applied  as  of  the  entry  into  force  of  this  Memorandum  of
Understanding.

Article 8

Entry into Force, Duration and Termination

1.

2.

3.

4.

5.

6.

This Memorandum of Understanding shall be ratified or approved by the Contracting
Parties in accordance with their respective procedures.

This  Memorandum  of  Understanding  shall  enter  into  force  on  the  first  day  of  the
second month after the date on which the Contracting Parties notify each other that
the procedures referred to in the first paragraph have been completed.

This  Memorandum  of  Understanding  shall  remain  in  force  indefinitely,  unless
terminated in accordance with paragraph 4 of this Article.

Each Contracting Party may terminate this Memorandum of Understanding by giving
written  notice  to  the  other  Contracting  Party.  This  Memorandum  of  Understanding
shall cease to apply three months after the date of such notification.

This Memorandum of Understanding may be amended by  written agreement of the
Contracting Parties. Amendments shall enter into force after the Contracting Parties
have notified each other of the completion of their internal procedures necessary for
this purpose.

This Memorandum of Understanding shall be legally binding on the two Contracting
Parties.

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Done  at  xxx  on  the  xxxh  day  of  xxx  in  the  year  2003,  in  duplicate  in  the  Chinese,  Danish,
Dutch,  English,  Finnish,  French,  German,  Greek,  Italian,  Portuguese,  Spanish  and  Swedish
languages, each of these texts being equally authentic.

For the European Community

For the

National  Tourism  Administration  of  the  People’s
Republic of China

15

 
ANNEX

Protocol on the New Member States

In accordance with the Act of Accession, the Member States acceding to the European Union
on 1 May 2004 (Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia, and Slovakia) do not yet issue Schengen visas.

Therefore, by derogation from Article 4 (3) of the Memorandum of Understanding, and until
the  Council  Decision  foreseen  in  Article  3  (2)  of  the  Act  of  Accession  takes  effect,  the
Member State concerned shall issue national visas limited to its own territory.

Joint Declaration on Implementation Arrangements

1.

Travel Agencies

The Community recommends Member States and their tourism service providers to furnish to
CNTA  a  list  of  the  travel  agencies  in  their  territory,  including  their  addresses,  telephone
numbers,  fax  numbers,  emails  and  contact  persons.  These  lists  should  be  updated  regularly
and transmitted to CNTA.

The Contracting Parties furthermore understand that both Contracting Parties’ travel agencies
shall  be  entitled  to  select  their  own  business  partners  from  the  other  Contracting  Party  and
conclude  contracts  with  them.  The  said  travel  agencies  are  responsible  for  all  business
arrangements covering the tour such as the tour programmes, costs, services, and payments in
the tour contract with their respective business partners.

2.

Protection of Chinese tourist rights

The  legitimate  rights  and  interests  of  the  Chinese  citizens  travelling  to  the  territory  of  the
Community  in  tourist  groups  shall  be  protected  by  the  pertinent  legislations  of  the
Community, Member States and China. In case of violation, those regulations shall be applied
to the relevant agencies.

The Community encourages the Member States and their tourism service providers to set up
hotlines for consultation and emergency assistance to Chinese tourists.

3.

Tour Leaders and Tour Guides

The  Contracting  Parties  understand  that  accredited  Chinese  travel  agencies  shall  appoint  a
tour leader or tour leaders for each group.

The  tour  leader  shall  ensure  that  Chinese  tourist  groups  travelling  to  the  territory  of  the
Community  in  accordance  with  this  Memorandum  of  Understanding  enter  and  leave  the
territory of the Community as a group. The tour leader will be required to carry copies of all
tickets and passports throughout the trip.

The Contracting  Parties take  note  that,  in  addition to the obligatory tour leader provided by
the  Chinese  travel  agencies,  Community  travel  agencies  may  provide  tour  guides  for  each
Chinese tourist group for the duration of the stay on the territory of the Community.

16

 
These tour guides may accompany the group from the time it enters to the time it leaves the
territory of the Community, on the conditions provided by the law applicable in each Member
State, and endeavour to solve  any problems that may  arise  in consultation with the Chinese
tour leader.

4.

Information Requirements

The Community encourages the Member States and their tourism service providers to make
relevant  information  available  to  the  Chinese  designated  travel  agencies,  in  particular
regarding  travel  possibilities  to  and  within  the  territory  of  the  Community,  important  travel
services  for  Chinese  travellers  and  their  prices  and  information  which  serves  to  protect  the
travellers’ legitimate rights.

5.

Documentary Evidence

The Contracting Parties agree that documentary evidence referred to in Article 5, paragraph 2
of  this  Memorandum  of  Understanding,  shall  include  passports,  visa  applications,  EU
immigration control records, travel agency documents, or photocopies thereof.

Joint Declaration concerning Denmark

The Contracting Parties take note that this Memorandum of Understanding does not apply to
the  territory  of  the  Kingdom  of  Denmark.  In  such  circumstances  the  National  Tourism
Administration of the People’s Republic of China and the authorities of Denmark state their
willingness  to  conclude,  without  delay,  an  Approved  Destination  Status  arrangement  in  the
same terms as this Memorandum of Understanding.

Joint Declaration concerning the United Kingdom and Ireland

The Contracting Parties take note that this Memorandum of Understanding does not apply to
the territory of the United Kingdom and Ireland. In such circumstances it is desirable that the
National Tourism Administration of the People’s Republic of China and the authorities of the
United  Kingdom  and  of  Ireland  conclude  an  Approved  Destination  Status  arrangement  in
similar terms as this Memorandum of Understanding.

Joint Declaration concerning Iceland and Norway

The Contracting Parties take note of the close relationship between the European Community
and Iceland and Norway, particularly by virtue of the Agreement of 18 May 1999 concerning
the  association  of  these  countries  with  the  implementation,  application  and  development  of
the  Schengen  acquis.  In  such  circumstances  it  is  appropriate  that  the  National  Tourism
Administration of the People’s Republic of China concludes an Approved Destination Status
arrangement  with  Iceland  and  Norway  in  similar 
this  Memorandum  of
Understanding.

terms  as 

17