Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Effective consular protection in third countries: the contribution of the European Union - Action Plan 2007-2009 {C(2007) 5841 final} {SEC(2007) 1600} {SEC(2007) 1601}
Date: 2007-12-05
Institutions: European Commission
Subjects: European citizenship, diplomatic protection, public awareness campaign, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 5.12.2007 
COM(2007) 767 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Effective consular protection in third countries: the contribution of the European Union  

Action Plan 2007-2009 

{C(2007) 5841 final} 
{SEC(2007) 1600} 
{SEC(2007) 1601} 

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Effective consular protection in third countries: the contribution of the European Union  

Action Plan 2007-2009 

1. 

INTRODUCTION 

The  protection  by  diplomatic  and  consular  authorities  of  Union  citizens  in  third 
countries is one of the strategic policy objectives for the Commission in 2007.  

Article  20  of  the  Treaty  establishing  the  European  Community  ("Article  20  TEC") 
provides that "every citizen of the Union shall, in the territory of a third country in 
which the Member State of which he is a national is not represented, be entitled to 
protection  by  the  diplomatic  and  consular  authorities  of  any  Member  State,  on  the 
same  conditions  as  the  nationals  of  that  State.  Member  States  shall  establish  the 
necessary rules among themselves and start the international negotiations required to 
secure  this  protection".  The  same  right  is  enshrined  in  Article  46  of  the  Charter  of 
Fundamental Rights of the European Union.  

This  Action  Plan  is  a  non-exhaustive  roadmap  for  measures  that  the  Commission 
intends  to  propose  in  2007-2009.  It  follows  a  public  consultation  launched  on  28 
November 2006 with the publication of a Green Paper on these issues.  

The  27  Member  States  apply  already  high  standards  of  protection  and  cooperation 
between  themselves.  However,  more  can  be  done  to  facilitate  the  application  of 
Article  20  TEC  and  ensure  the  best  possible  protection  of  Union  citizens  in  third 
countries.  All  measures  taken  in  this  field,  at  national  and/or  Community  level, 
should be fully consistent with this objective. The aim of this Action Plan is to assist 
Member  States  to  fulfil  their  obligations  in  this  field,  in  order  to  assist  citizens  in 
need of help.  

2. 

THE  NEED  TO  STRENGTHEN  THE  PROTECTION  OF  UNION  CITIZENS  IN  THIRD 
COUNTRIES 

Currently,  all  27  Member  States  are  represented  in  only  three  of  the  166  third 
countries:  the  People's  Republic  of  China,  the  Russian  Federation  and  the  United 
States of America1. The lack of representation was accentuated by the enlargement of 
the  European  Union.  There  are  18  countries  in  which  no  Member  State  is 

1 

Council  document  16838/1/06  of  23  March  2007  on  Presidency  diplomatic  representation  in  third 
countries, not published. 

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represented,  17  countries  in  which  only  one  Member  State  is  represented  and  11 
countries  in  which  two  Member  States  are  represented.  These  countries  include  a 
number  of  popular  tourist  destinations  for  Union  citizens  (e.g.  Bahamas,  Barbados, 
Madagascar, Maldives and Seychelles). The Member States' diplomatic and consular 
representations are especially limited in Central America and the Caribbean, Central 
Asia  and  Central  and  West  Africa.  It  is  estimated  that  8,7%  of  the  EU  citizens 
travelling  outside  the  EU  go  to  third  countries  where  their  Member  State  does  not 
have  a  consular  or  diplomatic  representation.  Based  on  the  number  of  trips  made 
annually by EU citizens to third countries, the estimated number of "unrepresented" 
EU  citizens  travelling  abroad  annually  is  at  least  7  million.  It  is  estimated  around 
2 million  EU  expatriates  live  in  a  third  country  where  their  Member  State  is  not 
represented2. 

These numbers are likely to grow. Union citizens are increasingly travelling to and 
living in third countries as tourists, workers, students etc. EUROSTAT3 estimated the 
number of trips at around 80 million in 2005. Half of the Union's citizens expect to 
travel  to  a  third  country  in  the  next  3  years4.  The  Council  estimated  in  2006  that 
Union citizens make some 180 million trips per year. 

Most  Member  States  do  not  keep  records  of  the  exact  numbers  of  requests  for 
consular  assistance.  On  the  basis  of  the  replies  given  by  Member  States,  it  is 
estimated that around 0,53% of EU citizens need consular assistance while travelling 
outside  the  EU,  which  would  amount  to  at  least  425 000  cases  per  year.  It  is 
estimated that at least 37 000 of these cases concern Union citizens whose Member 
States are not represented in the third country5.  

The  relatively  low  number  of  requests  for  consular  assistance  might  be  due  to  the 
limited knowledge by citizens of Article 20 TEC. The public consultation confirmed 
that most Union citizens are unaware of Article 20 TEC. In a Eurobarometer survey 
published  in  2006,  only  23%  of  those  interviewed  had  heard  of  the  possibilities 
offered  by  Article  20  TEC.  At  the  same  time,  the  public  consultation  showed  that 
citizens have high expectations of Europe in this area. 

Member States have already put in place some coordination mechanisms in this field, 
as demonstrated during the tsunami in 2004 and the 2006 Lebanon crisis. However, 
there  is  still  room  for  improved  cooperation,  coordination  and  burden-sharing 
between  Member  States6.  Moreover,  protection  by  diplomatic  and  consular 
authorities  is  not  limited  to  crisis  situations,  but  includes  day-to-day  assistance  to 
solve individual problems such as loss of passports, theft and serious accidents.  

2 
3 

4 
5 
6 

Impact assessment, points 2.2 and 2.8. 
Database on population, section on tourism. Data include holiday and business trips of more than one 
day in 2005. 
Eurobarometer No 118 of July 2006. 
Impact Assessment, point 2.2. 
Several initiatives to improve the Union's capability to respond to crises situations have been presented 
in the last years. One example is the report presented 9 May 2006 by Michel Barnier: "For a European 
civil protection force: Europe aid".  

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The "Lead State" framework should be mentioned in this context. This new form of 
consular  cooperation  is  designed  to  strengthen  consular  cooperation  and  improve 
protection  for  EU nationals in times of crisis in third countries where few Member 
States are represented. One or more Member States are designated as a "Lead State" 
in  the  third  country  to  ensure  the  protection  of  unrepresented  Union  citizens  on 
behalf  of  the  other  Member  States.  In  case  of  evacuation,  the  "Lead  State"  is 
responsible for the evacuation of all Union citizens to a safe place. In the context of 
Article 20 TEC, the Commission sees the "Lead State" arrangement as a positive step 
towards more effective burden-sharing in crises situations.  

The  Community  rules  are  very  limited  in  this  area,  consisting  of  two  Decisions 
adopted by the Representatives of the Governments of the Member States. Decision 
95/553/EC7  entitles  unrepresented  Union  citizens  to  consular  protection  by  any 
Member States' diplomatic and consular representation on the same conditions as the 
nationals of that State, e.g. in case of death, serious accidents, arrest and repatriation. 
The Decision is not exhaustive as it does not explicitly cover other instances where 
Union  citizens  may  need  assistance.  Decision  96/409/CFSP8  entitles  unrepresented 
Union citizens who have lost their travel document to an emergency travel document 
issued by any other Member State represented on the spot. Member States have also 
drawn up non-binding Guidelines on consular protection within the Council9. Calls 
for improved consular protection will almost certainly increase in the future as Union 
citizens become more aware of their rights under Article 20 TEC and as a result of 
the  increase  in  international  travel.  Natural  disasters,  terrorist  attacks  and  political 
instability are other reasons for concern.  

The entry into force of the Reform Treaty will provide a clear legal basis for EU law 
in this area. The modified wording of Article 20 TEC enables the Council to adopt 
directives  "establishing  the  coordination  and  cooperation  measures  necessary  to 
facilitate such protection".  

The aim of this Action Plan is to propose actions aiming to give substance to Article 
20 TEC and to address present and foreseeable shortcomings in this area.  

3. 

THE OUTCOME OF THE PUBLIC CONSULTATION 

In 2006, the Commission launched a wide public consultation with the publication of 
a  Green  Paper  on  diplomatic  and  consular  protection  of  Union  citizens  in  third 
countries10  which  proposed  a  number  of  possible  measures.  The  response  to  the 
Green Paper revealed a significant interest in this matter11. A public hearing was held 
on 29 May 2007.  

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OJ L 314, 28.12.1995 p. 73. 
OJ L 168, 16.7.1996, p. 4. 
Document 10109/06 of the Council of the European Union, 2.6.2006. 
COM(2006) 712. 
The replies to the Green Paper are available at: 
http://ec.europa.eu/justice_home/news/consulting_public/news_consulting_public_en.htm  

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Civil society, other European institutions and individual respondents argued for more 
impetus to be given to Article 20 TEC as a tangible expression of Union citizenship. 
Several  Member  States  called  for  caution  and  recalled  that  they  have  primary 
responsibility for ensuring protection to their nationals.  

4. 

THE NEED FOR A PROGRESSIVE AND GRADUAL APPROACH 

The  effective  strengthening  of  the  right  to  protection  by  diplomatic  and  consular 
authorities  enshrined  in  Article  20  TEC  is  a  complex  challenge  which  cannot  be 
achieved by one single initiative, but requires a comprehensive package of measures 
based on a long-term strategy. It is indeed the case that Member States have primary 
responsibilities  in  this  area.  The  Commission  wishes  to  help  them  discharge  those 
responsibilities. A progressive and gradual approach is therefore necessary.  

The  legal  and  technical  complexity  of  certain  measures  requires  in-depth  analysis 
and preparation in close cooperation with Member States.  

•  The  Commission  proposes  the  following  Action  Plan  for  the  years  2007-2009 

including a series of legislative and non-legislative measures.  

5. 

AREAS IDENTIFIED FOR ACTION 2007-2009 

5.1. 

Information for citizens 

The public consultation confirmed that public awareness is limited in this area. The 
Commission  launched  an  information  campaign  in  April  2007  with  posters 
describing  Article  20  TEC  and  Decision  95/553/EC  in  a  user-friendly  way.  The 
poster has been distributed at request to travel agencies in several Member States. In 
addition,  the  Secretariat  of  the  Council  of  the  European  Union  has  distributed  a 
brochure  on  "European  Consular  Assistance"12.  Member  States  have  also 
disseminated information on Article 20 TEC at national level. Notwithstanding these 
efforts, the large majority of citizens remain unaware of the existence and scope of 
Article 20 TEC. 

5.1.1.  Recommend Member States to print Article 20 TEC in passports 

As  a  first  measure,  attached  to  this  Action  plan,  the  Commission  is  presenting  a 
Recommendation to Member States to reproduce the wording of Article 20 TEC in 
passports.  This  idea,  which  was  mentioned  in  the  Green  Paper,  was  previously 
suggested  in  the  Barnier  report13  and  by  the  Austrian  Presidency  of  the  Council  of 
the European Union in 200614. The proposal encountered almost unanimous support 
during the public consultation as an efficient means to reach individuals travelling to 
third countries. It was also suggested to print a reference to a European web-site to 

12 
13 
14 

http://www.travel-voyage.consilium.europa.eu 
See footnote 6. 
Document 10551/06 of 15.6.2006. 

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enable citizens to find more detailed information. The Commission is recommending 
that  Member  States  print  Article  20  TEC  in  passports  issued  after  1  July  2009.  As 
regards  passports  issued  before  that  date,  the  Commission  recommends  the 
distribution  of  stickers  reproducing  the  text  of  Article  20  TEC  to  be  affixed  on  the 
outside rear cover of passports. It is for the Member States to decide if and how to 
make them available. This measure would significantly enhance citizens' awareness 
of Article 20 TEC with limited costs. 

•  The  Commission  recommends  that  Member  States  print  Article  20  TEC  in 
passports  issued  after  1  July  2009  and  distribute  stickers  to  be  affixed  on  the 
outside rear cover of passports issued before that date (2008 onwards) 

5.1.2.  Pursue the information campaign to the general public 

The Commission will make available a poster on consular protection for distribution 
in strategic places, such as airports, ports, external border posts and railway stations, 
in partnership with Member States.  

•  The  Commission  will  make  available  a  poster  on  consular  protection  for 
distribution in strategic places in partnership with Member States (2007 onwards)  

5.1.3. 

Set up an EU website on consular protection 

The  Commission  intends  to  create  in  2008  a  special  web-site  on  the  "Europa"  site 
dedicated  to  consular  protection.  The  web  site  will  be  used  to  publish  practical 
information as outlined below.  

The web-site could also be used to facilitate access to Member States' travel advice 
notices. It could provide links to the Member States' travel advice notices and to the 
web-site of the Council Secretariat15.  

•  The  Commission  will  set  up  a  web-site  on  the  "Europa"  site  to  publish 

information on consular protection (2008) 

5.1.4.  Publish information on Member States' representation in third countries 

Many  people  could  find  it  useful  to  have  an  up-to-date  list  of  the  Member  States' 
embassies and consulates in third countries. This information, which is collected on a 
bi-annual  basis  by  the  Council  Secretariat16,  is  currently  not  easily  available  to  the 
public. The Commission will publish it on the proposed web-site.  

•  The  Commission  will  ask  Member  States  for  up-dated  information  on  their 

representations in third countries and publish it on line (2008 onwards)  

15 
16 

www.travel-voyage.consilium.europa.eu 
"Presidency diplomatic representation in third countries – First half of 2007" document 16838/1/06 of 
the Council of the European Union, 23.3.2007.  

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5.1.5.  Publish measures implementing Article 20 TEC 

The Commission will publish the relevant measures implementing Article 20 TEC on 
the  proposed  web-site.  It  recommends  that  such  measures  be  published  also  in  the 
Official Journal of the European Union.  

•  The  Commission  will  publish  measures  implementing  Article  20  TEC  on  its 

future web-site (2008 onwards) 

5.1.6. 

Set up an EU telephone number on consular protection 

The  Commission  will  examine  the  possibility  of  providing  by  2009  telephone 
information  on  consular  protection  issues,  e.g.  the  contact  details  of  the  Member 
States' consulates or embassies in third countries. 

•  The Commission will examine the possibility of providing telephone information 

on consular protection issues (2009)  

5.2. 

Scope of protection for Union citizens 

It emerged during the public consultation that Article 20 TEC is subject to different 
interpretations.  Some  consider  it  to  cover  both  diplomatic  and  consular  protection 
whereas  others  claim  that  its  scope  is  confined  to  consular  protection.  Diplomatic 
protection consists of the invocation by a State of the responsibility of another State 
for  an  injury  caused  to  a  natural  or  legal  person  that  is  a  national  of  the  former 
State17. 

It appears that the majority of cases in which EU citizens need help in third countries 
concern  consular  protection18.  In  the  time-frame  covered  by  this  Action  Plan,  the 
Commission  will  therefore  concentrate  on  improving  consular  protection  of  Union 
citizens in third countries. This is without prejudice to possible future action in the 
area of diplomatic protection.  

5.2.1.  Ensure that all EU citizens have similar levels of protection  

It emerged during the public consultation that the extent of consular protection varies 
between Member States. Discrepancies may deprive Article 20 TEC of its full effect. 
The Commission will examine Member States' legislations and practices on consular 
protection and assess the extent and nature of these discrepancies.  

•  In  cooperation  with  Member  States,  the  Commission  will  assess  the  extent  and 
nature  of  discrepancies  in  legislations  and  practices  in  the  field  of  consular 
protection (2008 onwards). 

17 
18 

See full text of draft Article 1 of the UN Report of the International Law Commission 2006 (A/61/10). 
Consular  protection  is  the  provision  of  support  and  assistance  by  a  state  to  citizens  abroad,  either  its 
nationals or those nationals to whom it has agreed to provide assistance. It can be provided by consular 
or diplomatic authorities. 

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5.2.2.  Protection to Union citizens' family members who are third country nationals  

It  is  estimated  that  approximately  6  million  Union  citizens  are  married  to  third 
country  nationals19.  The  lack  of  protection  for  third-country  nationals  who  are 
members  of  an  EU  citizen's  family  can  cause  great  difficulties  and  distress  when 
citizens and their families are in trouble. Certain Member States already provide for 
protection to citizens' family members who are third country nationals, while others 
do not, or only do so on a discretionary basis. In order to strengthen Union citizens' 
right  to  protection,  the  Commission  will  examine  the  possibility  of  providing 
consular  protection  under  Article  20  TEC  to  Union  citizens'  family  members.  This 
would  be  consistent  with  Community  legislation  in  the  area  of  free  movement  of 
Union  citizens20.  Several  questions  require  further  examination,  such  as  the 
definition of family members and the issue of dual nationality.  

•  The  Commission  will  examine  the  possibility  of  ensuring  consular  protection  to 

Union citizens' family members who are third country nationals (2009)  

5.2.3.  Protection for the identification and repatriation of remains  

At a time of great distress, complex and expensive administrative formalities on the 
identification  and  repatriation  of  the  dead  make  a  difficult  situation  worse.  The 
public  consultation  showed  wide  agreement  on  the  need  to  simplify  the  often 
complex  and  expensive  administrative  procedures  for  the  identification  and 
repatriation of remains.  

In  this  context,  the  Commission  notes  the  overall  positive  experience  of  the  15 
Member  States  which  are  contracting  parties  to  the  1973  Council  of  Europe 
Convention  on  transfer  of  corpses21.  The  Commission  recommends  that  the 
remaining  12  Member  States  accede  to  this instrument. Ratification by  all Member 
States should take place as soon as possible.  

This  could  create  a  strong  common  platform  to  act  at  multilateral  level  to  consider 
how to simplify procedures for the repatriation of remains from third countries. 

•  The Commission will recommend the Member States that have not yet acceded to 

the 1973 Council of Europe Convention to do so (2008)  

•  The Commission will consider how best to simplify procedures for repatriation of 

remains from third countries at multilateral level (2009) 

5.2.4.  Consider the need to simplify the procedures for financial advances  

The Green Paper's suggestion to simplify procedures for financial advances (Article 
6  of  Decision  95/553/EC)  met  with  mixed  reactions.  Some  Member  States 

19 
20 
21 

See Impact Assessment, point 5.3.  
See e.g. Directive 2004/38/EC (OJ L 158, 30.4.2004, p. 77). 
Agreement on the Transfer of Corpses, Strasbourg 26.10.1973. The convention has to date been ratified 
by 21 States, including 15 Member States.  

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considered  that  the  existing  procedures  function  well,  while  others  favour  a 
simplification and/or the creation of a compensation system.  

The "Guidelines on Consular Protection" advocate that Member States reimburse the 
assisting  State  in  a  pragmatic  way.  In  cases  of  repatriation,  Member  States  are 
encouraged to reimburse each other on a pro-rata basis; the requesting Member State 
pursues  the  payment  from  its  nationals.  The  Commission  will  examine  further 
whether the existing procedures are satisfactory.  

The possibility of setting up a compensation system between Member States will be 
examined. It could provide for Member States to be reimbursed for the costs incurred 
in providing consular protection to EU citizens of other Member States. The system 
should be administratively simple and efficient.  

•  The  Commission  will  consider  the  need  to  simplify  the  procedures  for  financial 

advances (2009)  

•  The possibility of setting up a compensation system between Member States will 

be examined (2009) 

5.3. 

Structures and resources 

Several Member States use co-location arrangements22 in third countries as a means 
to  bring  down  costs  and  improve  coordination.  In  Dar  es  Salaam  and  Abuja,  the 
Commission  delegations  share  premises  with  certain  Member  States.  Each  partner 
owns and pays its part of the building and the common costs are shared on a pro-rata 
basis. 

The creation of common offices, available to all EU citizens, would compensate for 
the  limited  consular  presence  in  third  countries  and  these  offices  could  be  housed 
together with Commission delegations. The costs should be shared pro-rata between 
the participating Member States building on existing arrangements. In addition to the 
benefits  which  could  derive  from  co-location  (cost-saving  and  enhanced  mutual 
cooperation),  the  common  offices  would  function  on  the  basis  of  a  clear  and 
transparent  system  of  mutual  representation.  This  system  would  constitute  a  step 
towards  increased  protection  of  EU  citizens  in  need  since  it  would  function  at  all 
times, and not just for extraordinary events, such as conflicts and natural disasters. In 
this sense, it would complement the "Lead State" framework.  

The  Commission  will  examine  the  possibility  of  setting  up,  in  cooperation  with 
Member States and as a pilot project, a common office in a third country where few 
Member  States  are  represented.  The  Commission  will  first  examine  the  functions, 
organisation, resources, financing and burden-sharing of the pilot project. A system 
of  deputising  already  exists,  in  particular  in  the  field  of  the  common  visa  policy 
where  significant  progress  has  been  made  through  the  Common  Consular 
Instructions and the inauguration of the first EU "Common Visa Application Centre" 

22 

This is the case e.g. in Abuja, Almaty, Ashgabat, Dar es Salaam, Pyongyang, Quito, Reykjavik, Minsk 
and Chisinau. 

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in  Moldova.  The  functions  of  the  Common  Visa  Application  Centre  are  currently 
very  different  from  those  of  the  envisaged  common  offices.  However,  in  the  long 
term,  it  could  be  envisaged  to  merge  the  two  concepts  into  common  offices  which 
would  perform  a  wide  range  of  consular  services,  including  the  handling  of  visa 
applications.  

Following an evaluation of the pilot project, the common offices could be expanded 
to other areas of the world.  

•  The  Commission  will  propose  to  set  up  a  common  office  in  cooperation  with 
Member States to be co-located with the Commission delegation in one region as 
a pilot project to be evaluated (2008)  

5.4. 

Exchange of best practices and training  

The  public  consultation  confirmed  the  need  to  discuss  common  problems,  promote 
the  exchange  of  best  practices  and  facilitate  exchange  of  information  between 
different actors. The Commission organised a seminar at the end of 2007, the results 
of which will serve as a basis for future action in this area.  

•  The Commission has organised a seminar to identify common problems and needs 
in this area (2007) with a view to facilitating the exchange of best practices and 
training (2008 onwards) 

5.5. 

The consent of third country authorities 

The  requirement  to  obtain  the  consent  of  third  countries  is  a  general  rule  of 
international  law.  Article  20  TEC  provides  that  Member  States  shall  "start  the 
international negotiations required to secure this protection". It has been argued that a 
unilateral notification to the receiving State could suffice in accordance with Article 
8  of  the  Vienna  Convention  on  Consular  Relations23  However,  the  explicit  consent 
would enhance legal certainty and give European citizenship concrete meaning also 
vis-à-vis third countries.  

Subject to the flexibility needed to take account of the specific circumstances of each 
negotiation  and  deal  with  this  issue  on  a  case  by  case  basis,  the  Commission 
recommends  Member  States  to  include  a  consent  clause  in  future  bilateral 
agreements  with  third  countries.  Similarly,  the  Commission  intends  to  propose  to 
include a consent clause in future "mixed" agreements concluded by the Community 
and its Member States with third countries.  

In the longer term, the Commission will also consider the possibility of obtaining the 
consent  of  third  countries  to  allow  the  Union  to  exercise  its  protection  through  the 
Commission  delegations.  Although 
the  primary 
responsibility  for  ensuring  protection  to  their  citizens, the  delegations  could,  where 

the  Member  States  have 

23 

This Article reads: "Upon appropriate notification to the receiving State, a consular post of the sending 
State  may,  unless  the  receiving  State  objects,  exercise  consular  functions  in  the  receiving  State  on 
behalf of a third State". 

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authorised  by  the  Council,  exercise  protection  in  matters  falling  under  Community 
competence in line with the case-law of the Court of First Instance24.  

•  The  Commission  recommends  that  Member  States  negotiate  a  consent  clause  in 
bilateral agreements with third countries to ensure the protection of Union citizens 
by diplomatic and consular authorities (2007) 

•  The  Commission  intends  to  propose  to  negotiate  a  consent  clause  in  future 
"mixed" agreements with third countries to ensure the protection of Union citizens 
by diplomatic and consular authorities (2008 onwards)  

•  The  Commission  will  consider  the  possibility  for  the  Union  to  exercise  its 
protection through the Commission delegations in cases falling under Community 
competence (2009) 

6. 

ACTION PLAN 2007-2009  

Actions for 2007: 

•  Recommend that Member States print Article 20 TEC in passports  

•  Pursue information campaign  

•  Organise  a  seminar  with  Member  States  to  explore  their  needs  for  exchange  of 

best practices 

•  Recommend  Member  States  to  negotiate  a  "consent  clause"  in  bilateral 

agreements with third countries  

Actions for 2008: 

•  Set up an EU web-site on consular protection  

•  Recommend  that  Member  States  accede  to  the  1973  Convention  on  transfer  of 

corpses 

•  Assess the extent and nature of discrepancies in Member States' legislations and 

practices in the field of consular protection 

•  Follow-up to the seminar  

•  Propose  to  set  up  a  common  office  in  a  third  country  as  a  pilot  project  in 

cooperation with Member States 

•  Propose  to  negotiate  a  "consent  clause"  in  "mixed"  agreements  with  third 

countries 

24 

Case T-572/93. 

EN 

11 

   EN 

 
                                                 
Actions for 2009: 

•  Provide telephone information on consular protection issues 

•  Examine the possibility of ensuring consular protection to Union citizens' family 

members who are third country nationals 

•  Consider how to simplify procedures for the repatriation of remains at multilateral 

level 

•  Consider the need to simplify the procedures for financial advances 

•  Examine the possibility of setting up a compensation system  

•  Consider  the  possibility  for  the  Union  to  exercise  protection  through  the 

Commission delegations in cases falling under Community competence  

EN 

12 

   EN