2004/645/EC: Commission Recommendation of 16 September 2004 on the implementation by the consular offices of the Member States 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) (notified under document number C(2004) 2886)
Date: 2004-09-16
Institutions: European Commission
Subjects: China, admission of aliens, agreement (EU), illegal migration, protocol to an agreement, tourism, travel agency

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Official Journal of the European Union

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COMMISSION

COMMISSION RECOMMENDATION

of 16 September 2004

on the implementation by the consular offices of the Member States 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)
(notified under document number C(2004) 2886)

(2004/645/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

establishing the European
Having regard to the Treaty
Community, and in particular Article 211, second indent,
thereof,

(5) Within this framework, Member States should follow a
common approach for the accreditation of
the travel
agencies designated by the PRC and the establishment
of the list of couriers appointed by the Chinese travel
agencies.

Whereas:

(1)

The Memorandum of Understanding between the
European Community and the National Tourism Admin-
istration of the People’s Republic of China on visa and
related issues concerning tourist groups from the People’s
Republic of China (1) (PRC) provides a specific application
process, derogating from the common rules on visas as
established in the Common Consular Instructions (CCI),
term visas to groups of
to facilitate issuing of short
Chinese citizens who wish to travel to the territory of
the Community. The Memorandum of Understanding
(ADS MoU) has entered into force on 1 May 2004.

(2) With a view to ensure a high level of security, parti-
cularly as regards the prevention of clandestine immi-
gration and avoid any risk of visa shopping between
in the PRC, a
the Member States Consular offices
harmonised implementation by all Member States of
the ADS MoU is appropriate and thus it is necessary
to set up common implementing procedures for the
consular offices of the Member States in the PRC.

(3)

(4)

The common procedures are based on the provisions
included in the ADS MoU, setting up a harmonised
approach covering the different
issues from the visa
application procedure to the withdrawal of accreditation
in case of breach of EU and/or Chinese regulations.

The basic rules for visa applications described in the CCI
and in particular the rules related to the local consular
offices have been used, where appropriate, as a reference
for the definition of the common procedures.

(1) OJ L 83, 20.3.2004, p. 14.

(6)

(7)

(8)

(9)

Member States
should apply common harmonised
sanctions in case of violation by the Chinese accredited
in compliance
travel agency of the Community rules,
applications
with the
travel
processed by private
agencies and package tour operators.

the CCI on visa
administrative

rules of

agencies,

Member States should apply a common list of supporting
documents and information needed for lodging a visa
application, clarifying where necessary the content of
the
information
may be requested, based on a case-by-case verification
of each individual visa application.

required documentation. Additional

Member States involved with the implementation of the
ADS MoU should reinforce their cooperation in the PRC
and develop exchange of information mechanisms for
and other detected suspect behaviour
irregularities
committed by appointed couriers or accredited travel
agencies and facilitate the processing of information.

information on the implementation of

The Commission represents the Community in the ADS
Committee set up by the ADS MoU, and transmits
relevant
the
ADS MoU to the Chinese authorities (CNTA). Member
States should therefore associate the Commission, as the
representative on the ADS
European Community
Committee, with the
cooperation mechanism
local
ensuring regular and fluid information on the implemen-
tation of the ADS MoU.

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(10) Member States which do not participate in the ADS
MoU, but have concluded similar bilateral agreements
with the PRC should also be able to participate in the
cooperation mechanism. Norway and Iceland
local
local
should also be invited to take part
consular cooperation mechanism as soon as they sign
similar bilateral Agreements with the PRC,

in the

establish a common list of couriers and notifies it to all
Member States. The Commission shall update the common
list of couriers each time it receives communication of a
change and notifies changes to the consular offices of all
Member States in the PRC.

HEREBY RECOMMENDS:

In order to facilitate the effective implementation of the ADS
MoU,
following common implementation procedures
should be applied by the Member States:

the

1. Consular offices of Member States in the PRC should issue
an accreditation certificate for each designated travel agency.
Such accreditation certificates
should have an identical
indicating inter alia the serial number, business
format,
licence number, name and other relevant data of the travel
agency. The validity of the certificate should not exceed one
year.

Accreditation certificates issued by a Member State should be
recognised by the other Member States.

When the designated travel agency presents itself for the first
time to the consular office of a Member State, the consular
office should register the date and time of the represen-
tative’s visit and transmit to the Commission all relevant
information. This consular office should issue the accredi-
tation certificate if the Commission confirms that it is the
first consular office approached by the designated travel
agency.

2. Each courier appointed by the accredited travel agencies
should receive an identity badge with his/her photo and
inter alia, his/her name, date of birth,
identity
indicating,
card number as well as the name, address and telephone
number of the accredited travel agency.

The badge should have general validity of a maximum of
one year, should be issued by the Member States consular
offices in the PRC and should be identical in format.

The Commission, on the basis of the information submitted
by the PRC and after verification by the Member States, shall

illegal

3. In case of a breach of EU and/or Chinese regulations,

for all Member States.

in
particular in case of
immigration, a
facilitation of
consular office of a Member State in the PRC should
withdraw the accreditation of a Chinese travel agency. The
withdrawal imposed by a consular office of a Member State
has immediate effect
In order to
ensure the uniform application by all Member States of the
sanction imposed, the consular office should notify the with-
drawal to the Commission and the other Member States
consular offices in the PRC. In appropriate circumstances,
for
the withdrawal of accreditation can be reviewed,
instance
the
the accredited travel agency proves
violation of EU and/or Chinese regulations was limited to
one of its employees, who no longer works for the Agency.

if
that

Consular offices of Member States in the PRC can address
warnings to the accredited travel agencies in case they
suspect
the agency is involved in minor violations. The
Commission and other local consular offices of Member
States should be informed immediately.

The Commission shall inform the CNTA of any withdrawals
and warnings addressed to accredited travel agencies.

4. Member States should request that an ADS visa application
be supported by the documents listed in the Annex to this
recommendation. If necessary, Member States should request
information. In particular they may require the
additional
to undergo an interview in person or by
applicant
telephone,
(bank
to provide proof of
statement), supply a document confirmation of working rela-
tionship or the written consent of both parents in case of
minors.

financial means

5. In order to facilitate the smooth implementation of the ADS
training
MoU, Member States
sessions
in the PRC to the staff of accredited travel
agencies involved in the implementation of the ADS MoU.

should provide

specific

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6. Member States and the Commission should cooperate closely
in the PRC and meet periodically to ensure regular and fluid
information, exchange of
transmission and treatment of
experiences concerning the detection of
irregularities or
other suspect behaviour of accredited travel agencies and
the development of best practices on the practical appli-
cation of the ADS MoU.

7. The recommendation is addressed to the Member States
which participate in the ADS MoU between the EC and
the PRC.

Done at Brussels, 16 September 2004.

For the Commission

António VITORINO
Member of the Commission

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ANNEX

General information concerning the group

1. A name list of all group members, with passport numbers, a copy of the identity page of the passport and copies of

ID cards.

2. A communication signed by the representative of the accredited travel agency in which is included a detailed itinerary
including flight details for the round trip from the PRC, names, addresses, telephone numbers and fax numbers of
the hotels to be used by the group during the tour with the dates of stay in each hotel and details of how the group
is to travel between locations during the tour; in addition, any change in the travel itinerary which intervenes at any
stage of the examination of the visa application.

3. Flight reservation with confirmation for the PRC-Europe-PRC round trip from the airlines (with list of the tourists’

names).

4. Payment of the travel costs.

5. Travel group (or individual for each member of the group) insurance policy valid throughout the territory of the
Member States visited on the basis of the established itinerary. The insurance must cover the entire period of the
journey. The insurance policy must have a value of at least EUR 30 000 and must cover any expenses which might
arise in connection with repatriation for medical reasons, urgent medical attention and/or emergency hospital
treatment.

6. Name of the tour leader.

7. Name and contact details of the designated partner tour operator in Europe.

8. Confirmation from the designated partner tour operator in Europe that accommodation and transport within Europe

as specified in the group’s itinerary will be provided to all members of the group.

9. A duly completed visa application form signed by each applicant, together with a recent photo.

10. Passport valid at least 90 days after the expiration of the visa.

For each member of the group