2004/265/EC: Council Decision of 8 March 2004 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: 2004-03-08
Institutions: Council of the European Union
Subjects: China, EU visa policy, admission of aliens, agreement (EU), protocol, tourism

L 83/12

EN

Official Journal of the European Union

20.3.2004

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 8 March 2004

concerning the conclusion of the Memorandum of Understanding between the European Com-
munity 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)

(2004/265/EC)

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
Article 63(3)(b) in conjunction with the second sentence of the
first subparagraph of Article 300(2) and Article 300(3) first
subparagraph thereof,

(6)

The Memorandum of Understanding
approved,

should

be

HAS DECIDED AS FOLLOWS:

Having regard to the proposal from the Commission,

Article 1

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

(5)

The Commission has negotiated on behalf of the Com-
munity the Memorandum of Understanding referred to
in this Decision.

The Memorandum of Understanding was signed, on
behalf of the Community, subject to its conclusion.

The Memorandum of Understanding 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 establish-
ment of the Community position in such cases.

In accordance with the Protocol on the position of the
United Kingdom and Ireland, and the Protocol
inte-
grating 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 Deci-
sion and is therefore not bound by it or subject to its
application.

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 Understanding (2).

Article 3

The position of the Community within the Approved Destina-
tion Status Committee with regard to the adoption of its Rules
of Procedure, as required under Article 6(5) of the Memor-
andum 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.

(1) Opinion delivered on 26 February 2004 (not yet published in the

Official Journal).

(2) 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.

20.3.2004

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Official Journal of the European Union

L 83/13

This Decision shall be published in the Official Journal of the European Union.

Article 4

Done at Brussels, 8 March 2004.

For the Council

The President

D. AHERN