Opinion of the European Economic and Social Committee on the Green Paper on diplomatic and consular protection of Union citizens in third countries COM(2006) 712 final
Date: 2007-03-14
Institutions: European Economic and Social Committee
Subjects: ESC opinion, European citizenship, diplomatic protection, public awareness campaign, traveller

13.7.2007

EN

Official Journal of the European Union

C 161/75

Opinion of the European Economic and Social Committee on the Proposal for a Directive of the
European Parliament and of the Council on the protection of employees in the event of the insol-
vency of their employer (Codified version)

(COM(2006) 657 final)

(2007/C 161/20)

On 23 November 2006, the Council decided to consult the European Economic and Social Committee,
under Article 262 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 22 February 2007. The rapporteur was Mr Soares.

At its 434th plenary session, held on 14 and 15 March 2007 (meeting of 14 March 2007), the European
Economic and Social Committee adopted the following opinion by 160 votes nem. con., with six absten-
tions.

1.
This proposed directive forms part of the Commission's
plan to simplify and clarify Community legislation so as to
make it clearer and more accessible to the ordinary citizen.

2.
Codification is an extremely important administrative
procedure, which must be undertaken in full compliance with
the normal Community legislative procedure and cannot result
in changes of substance being made to the instruments affected
by codification.

3.
The purpose of this proposal is to undertake a codification
of Council Directive 80/987/EEC of 20 October 1980 on the
protection of employees in the event of the insolvency of their
employer. The new directive will supersede the various acts
incorporated in it; this proposal fully preserves the content of
the acts being codified and hence does no more than bring

Brussels, 14 March 2007.

them together with only such formal amendments as are
required by the codification exercise itself.

Although codification is a process that, by its very nature,
4.
cannot and must not amend the directives to which it refers, the
EESC considers that the Commission should, in the performance
of its duties, do more than simplify legislation, It should study
the content of the various directives in order to resolve any
issues that might in the meantime have proven to be unclear or
that might have in practice been found to be somewhat
outdated.

Nevertheless, bearing in mind that

5.
the
opinion here is the codification of a directive, and taking
account of the aims set out in paragraph 1 and the guarantees
laid down in paragraphs 2 and 3, the European Economic and
Social Committee approves this proposed directive.

the subject of

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

Opinion of the European Economic and Social Committee on the Green Paper on diplomatic and
consular protection of Union citizens in third countries

COM(2006) 712 final

(2007/C 161/21)

On 28 November 2006, the Commission decided to consult the European Economic and Social Committee,
under Article 262 of the Treaty establishing the European Community, on the Green Paper on diplomatic and
consular protection of Union citizens in third countries.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 22 February 2007. The rapporteur was Mr Voleš.

At its 434th plenary session, held on 14 and 15 March 2007 (meeting of 14 March 2007), the European
Economic and Social Committee adopted the following opinion by 170 votes nem. con. with 1 abstention.

C 161/76

EN

Official Journal of the European Union

13.7.2007

1. Summary of conclusions and recommendations

the Council of Europe Convention of 26 October 1973 on the
transfer of corpses (until now ratified by only 15 Member
States) to do so without delay.

1.1
The EESC notes that the right to diplomatic and consular
protection for EU citizens in third countries strengthens the idea
of EU citizenship.

In this context,

1.2
the Committee stresses the need to
inform citizens much better about this right and considers the
results of the information activities to date unsatisfactory. It calls
for civil society organisations whose members travel to third
countries to be involved in the information activities of the EU
and Member States.

(www.travel-voyage.consilium.europa.eu)

The Committee points out that the relevant EU web
1.3
portal
not
contain information about which Member States are represented
in which third countries, nor any addresses or contact informa-
tion for them. It recommends that this and all other necessary
information is included in an easily accessible web site with a
simple address.

does

1.4
It should be compulsory for information about the right
to protection in third countries as enshrined in Article 20 of
the EC Treaty to be printed in all passports issued by EU
Member States.

The Committee recommends that

the procedure for
1.10
providing financial assistance to EU citizens in third countries
be simplified. This could be done, for example, by allowing
settlement of payments directly to the authorities of the state
providing the assistance, writing off these payments when they
are very small amounts, and introducing a simple system of
balancing debts between Member States.

1.11
The opening of common offices in areas where there is
relatively little representation by Members States is a positive
step. However, all the issues concerning legislation and interna-
law need to be clarified. The Committee recommends
tional
active use of other forms of cooperation such as locating
consular officials from Member States that are not represented
in the representative offices of other Member States or the exer-
cise of consular functions by the consular post of one EU
Member State on behalf of another or the appointment of the
same person as consular officer by several EU Member States, in
accordance with Articles 8 and 18 respectively of the Vienna
Convention on consular relations, and training programmes for
Member States' consular staff.

1.5
Recommendations for travellers to third countries should
be better coordinated and published in such a way that they are
as easily accessible as possible, for example through a web site
as suggested in point 1.3.

The EESC would welcome it if the working party on
1.12
consular cooperation (COCON) guidelines for consular authori-
ties for EU citizens in third countries became legally binding,
which would avoid legal uncertainty for EU citizens in third
countries who need protection.

1.6
The EESC recommends that all measures concerning the
right to protection be published not only in the Official Journal,
but also in the media in each Member State and be made part
of the Commission's communication strategy.

1.7
The Committee supports harmonisation of the scope and
legal basis of consular protection provided in third countries by
individual Member States and asks that this take place as soon
as possible,
if necessary through harmonisation of national
legislation. In the context of harmonisation in this area, the
scope and conditions for provision of protection by individual
Member States should be published.

1.13
Diplomatic missions and consular offices of Member
their
States represented in third countries should have at
disposal regularly updated contact details for the relevant offices
of Member States that are not represented in that country so
that they could allow EU citizens to contact them should the
interpreters for
need arise. They should also have lists of
languages of the Member States that do not have representations
in the country.

1.8
The Committee welcomes the proposal to extend protec-
tion to include EU citizens' family members, where they are citi-
zens of third countries.

1.14
European Commission delegations in third countries
could contribute to consular protection for EU citizens by using
the experience they have gained in the protection of boats and
fishermen from EU Member States.

It also supports the proposal to extend the protection
1.9
provided to include the identification and transfer of corpses of
EU citizens and members of their families who do not have EU
citizenship. It also asks Member States that have still not ratified

1.15
The role of the Commission in coordinating Member
States' activities directed at diplomatic or consular protection for
EU citizens in third countries should be strengthened.

13.7.2007

EN

Official Journal of the European Union

C 161/77

2. Introduction

On 28 November 2006,

2.1
the European Commission
published its Green Paper on diplomatic and consular protection of
Union citizens in third countries. The right to protection by the
diplomatic or consular authorities is enshrined in the Maastricht
Treaty. Article 20 of the Treaty establishing the European Com-
munity thus states that: ‘Every citizen of the Union shall, in the
territory of a third country in which the Member State of which
he or she is a national is not represented, be entitled to protec-
any
tion by the diplomatic or
Member State, on the same conditions as the nationals of that
Member State (1).’ The same right is part of the Charter of
Fundamental Rights of
the European Union, proclaimed in
2000 (see Article 46 (2)). Article 20 of the Treaty delegates the
‘Members States to establish the necessary rules among them-
selves and start the international negotiations required to secure
this protection’.

authorities of

consular

The Member States have adopted Decision 95/553/EC (3),
2.2
which defines five cases where an EU citizen is entitled to apply
for protection by the authorities of another Member State:

— assistance in cases of death,

— assistance in cases of serious accident or illness,

— assistance in cases of arrest or detention,

— assistance to victims of violent crime,

The Member States set up a working party on consular
2.4
cooperation (COCON)
for pooling
experience. COCON has drawn up guidelines of a non-binding
nature on consular protection of EU citizens in third coun-
tries (4).

to act as an instrument

Various suggestions on diplomatic and consular protec-
2.5
tion were put forward in the Commission Communication on
implementing the Hague Programme (5). Former French Foreign
Minister Michel Barnier drew up a similar report for the EU
Council in which he suggested a number of measures for estab-
lishing a system of civil protection both inside and outside the
EU, which would also include diplomatic and consular protec-
tion (6). Under the Austrian Presidency, in its report of 15 June
2006 the Council summarised the measures taken to strengthen
the protection of EU citizens in third countries (7). In 2007, the
Commission will present its 5th report on Union citizenship,
which should include proposals on strengthening diplomatic
and consular protection.

2.6
The protection of EU citizens is gaining importance
given the high growth of travel by EU citizens to third countries
(180 million journeys outside the EU per year) and as not every
state has representation in each country. The Eurobarometer
survey of July 2006 showed that almost half of the respondents
planned to travel to third countries in the next three years (8).

The Commission has therefore submitted a number of
2.7
measures for discussion in its Green Paper, aimed at strength-
ening the principle of protection for EU citizens in third coun-
tries as an important right
for every Member State citizen
resulting from their EU citizenship. The measures also take
account of the experiences from the aftermath of natural disas-
ters such as the tsunami and Hurricane Katrina, the conflicts in
the Balkans and Lebanon and terrorist attacks on Bali and in
Sharm El Sheikh.

— the relief and repatriation of distressed citizens of the Union.

2.8

The proposed measures include:

Member States' representations in a third country may come to
the assistance of any citizen of the Union who so requests in
other circumstances.

2.3
The applicant must show that he or she is a national of a
Member State of the Union by producing a passport or identity
card. In the event of loss or theft of those documents, any other
proof of nationality may be accepted, if necessary after verifica-
tion with the authorities of the Member State of which the
person concerned claims to be a national. A procedure has been
established for providing financial assistance to EU citizens,
which is subject to obtaining the permission of the foreign
ministry or diplomatic mission of the Member State of which
that citizen is a national. It was agreed that the Decision would
be reviewed five years after its entry into force. The Decision
came into force in 2002.

(1) OJ C 325 of 24.12.2002.
(2) The Charter of Fundamental Rights of the European Union, signed in

Nice on 7 December 2000.
(3) OJ L 314, 28.12.1995, p. 73-76.

— better informing EU citizens of their rights for protection by
the diplomatic or consular authorities for EU citizens in
third countries and about the representation of EU Member
States in those countries,

— printing Article 20 EC in EU Member State citizens' pass-

ports,

— coordinating advice to travellers,

— reviewing the scope and legal basis for provision of protec-
tion, which are different in each Member State, and possibly
harmonising them,

(4) Guidelines on consular protection of EU citizens in third countries, EU

Council document 10109/06 of 2.6.2006.

(5) Commission communication COM(2006) 331 final of 28 June 2006.
(6) Barnier Report: For a European civil protection force: europe aid of 9 May

2006.
(7) Council of

the European Union Presidency Report 10551/06 of

15 June 2006.

(8) Flash Eurobarometer 188 — December 2006.

C 161/78

EN

Official Journal of the European Union

13.7.2007

— embracing protection of EU citizens in bilateral agreements
negotiated by Member States and those negotiated by the
EU with third countries,
the
in third countries
European Commission delegations
assuming responsibility for providing diplomatic protection,

including the possibility of

3.4
It should be compulsory for information about the right
for protection in third countries as enshrined in Article 20 to
be printed in all passports issued by EU Member States. There
should also be space to put the contact address for finding the
specific information mentioned in paragraph 3.2 or this infor-
mation should be included in each passport when it is issued.

— extending consular protection to include EU citizens' family

members who are citizens of third countries,

— including the identification and repatriation of remains in

the protection provided,

— simplifying the procedures for providing financial advances,

— opening pilot common consular offices in the Caribbean,
Balkans, the Indian Ocean and West Africa, and encouraging
EU citizens to register with them,

— training for Member State consular staff and Community

officials.

3. Comments on individual Commission proposals

3.1
The EESC notes that an EU citizen's right to protection
in third countries provided by the representation of a Member
State of which he is not a citizen is tangible proof of the bene-
fits of membership in the EU, strengthens the feeling of
belonging and upholds the idea of EU citizenship.

3.2
In this context, the Committee stresses the need for citi-
zens to be much better informed about this right to consular
protection in third countries. Experience to date shows that
awareness is minimal. According to the Eurobarometer results,
only 23 % of EU citizens who plan to travel to third countries
know about this right. Putting up posters in airports, ports and
stations and distributing brochures through travel agencies is
not enough. Trade organisations, employers' associations and
NGOs should also be involved in disseminating the information,
because many travellers to third countries are not tourists but
business and commercial
travellers, employees, and workers
from humanitarian organisations. Links to information about
consular protection on the EU portal could be added to the web
sites of organisations whose members travel to countries outside
the EU.

To be able to make use of the protection in third coun-
3.3
tries,
it is essential to know which Member States are repre-
sented in which third countries and to have addresses and
contact details for them. This information is very difficult to
the functionality on the web site www.travel-voyage.
access;
consilium.europa.eu, which should contain it,
is still under
construction. The Committee recommends that this and other
necessary information is brought together in an easily accessible
web site with a simple address, which someone should also be
able to access in case of need from third countries and find the
necessary information.

3.5
Guidelines and advice for travellers are issued by national
bodies and recommendations from individual Members States
concerning travel to third countries are sometimes significantly
different. While these differences can have objective grounds
(such as different approaches by third countries to individual
Member States), it would be desirable for advice for travellers to
be better coordinated between Member States, using their diplo-
matic and consular representation in third countries, and to
publish it in such a way that it is as easily accessible as possible.
The possibility of publishing these recommendations on the
web site described in paragraph 3.2 should be considered.

3.6
The Commission proposes that measures implementing
Article 20 should be published in the Official Journal so that
citizens can be better informed of their rights. The Committee
agrees, but thinks that this is it not enough and that they should
also be published in the media in each Member State, this
should also be part of the Commission's strategy.

3.7
The Committee shares the opinion of the Commission
that harmonisation of the scope and legal basis of protection
provided by the consular authorities in third countries by indivi-
dual Member States is desirable and should take place as soon
as possible,
if necessary through harmonisation of national
legislation. This would enable the differences in the approaches
of some Member States to this right to be eliminated (some
countries, for example, do not allow administrative procedures
to be initiated by citizens in the case of non-provision of assis-
tance, or retain passports when financial assistance is given).
Pending harmonisation, the scope and conditions for provision
of protection by individual Member States should be available
on the above-mentioned central web portal.

the proposal

The Committee welcomes

to broaden
3.8
protection to include EU citizens' family members where they
are citizens of third countries and recommends using the proce-
dure provided for by Article 22 EC to allow rights under the
Treaty to be extended. This is a humanitarian issue requiring
urgent resolution, as was shown by the events surrounding the
tsunami, the war in Lebanon and other cases.

The Committee supports the proposal

3.9
to extend the
protection provided to include the identification and transfer of
corpses of EU citizens and members of their families who do
it calls on those
not have EU citizenship.
Member States that have still not ratified the Council of Europe
Treaty of 26 October 1973 on the transfer of corpses (so far
only ratified by 15 Member States) to do so as soon as possible.

In this context,

13.7.2007

EN

Official Journal of the European Union

C 161/79

3.10
One of the most common needs for EU citizens in
third countries is emergency financial assistance in cases such as
natural disasters, being victims of theft or following an accident
or illness. The Committee recommends simplification of the
current system requiring the agreement of the authorities of the
Member State of which the applicant is a national and reimbur-
sement through the authorities of that state. Other recommen-
dations include considering the possibility of directly reimbur-
sing the state authority providing the assistances, Cancelling
such reimbursement in the case of small amounts and intro-
ducing a simpler
system for balancing payments between
Member States.

The opening of common offices in areas where there is
3.11
relatively little representation by Members States is a positive
step towards strengthening cooperation between Member States
in diplomatic and consular
representation. The Committee
expects that all the issues concerning legislation and interna-
tional law will be clarified, mainly the status of these offices, the
jurisdiction under which they fall, their links with Commission
delegations in individual countries, the form of financing, the
agreement of the country in which they operate concerning
their establishment and responsibilities, and compatibility with
the Vienna Convention on diplomatic relations and the Vienna
Convention on consular relations.

3.12
The Committee recommends active use of other forms
of cooperation such as the exercise of consular functions by the
consular post of one EU Member State on behalf of another or
the appointment of the same person as consular officer by
several EU Member States,
locating consular officials from
Member States that are not represented in the representative
offices of other Member States and training programmes for
Member States' consular staff.

3.13
The EESC supports the Commission initiative to also
use common offices to enhance cooperation between Member
States in the area of visa policy including the possibility of
establishing common counters for receiving applications for
this
visas and issuing them. Nevertheless,

it considers that

Brussels, 14 March 2007.

problem is not directly related to the right of EU citizens to
diplomatic and consular protection and should therefore not be
linked with it.

4. Additional EESC proposals

4.1
The EESC thinks it would help if the working party on
consular cooperation (COCON) guidelines for consular authori-
ties were legally binding, which would avoid legal uncertainty
for EU citizens who need protection in third countries.

Diplomatic missions and consular offices of Member
4.2
States represented in third countries should have at
their
disposal regularly updated contact details for the foreign minis-
tries, diplomatic missions and consular offices of Member States
that are not represented in that country so that they could allow
EU citizens to contact them should the need arise.

As shown in the Eurobarometer survey, one of the main
4.3
concerns for EU citizens is the possibility to communicate in
their mother tongue in times of need. For this reason, it would
be desirable for Member State representations to have lists of
interpreters for languages of the Member States that do not
have representations in the country.

4.4
The Committee recommends consideration of the possi-
bility of using European Commission delegations in third coun-
tries to provide consular protection for EU citizens, given the
experience gained by these delegations for the protection of
boats and fishermen from EU Member States.
therefore
recommends launching negotiations with relevant third coun-
tries on recognising the right of Commission delegations to
provide protection for EU citizens in agreed cases.

It

4.5
The Committee is in favour of strengthening the role of
the Commission in coordinating the activities of Member States
concerning diplomatic and consular protection of EU citizens in
treaty establishing a
third countries as set out
Constitution for Europe, which seeks to strengthen the rights of
EU citizens.

in the draft

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS