Commission Recommendation of 5 December 2007 on reproducing the text of Article 20 TEC in passports (notified under document number C(2007) 5841)
Date: 2007-12-05
Institutions: European Commission
Subjects: European citizenship, Internet, diplomatic protection, fundamental rights, passport, public awareness campaign, third country

L 118/30

EN

Official Journal of the European Union

6.5.2008

RECOMMENDATIONS

COMMISSION

COMMISSION RECOMMENDATION

of 5 December 2007

on reproducing the text of Article 20 TEC in passports

(notified under document number C(2007) 5841)

(2008/355/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community, and in particular Article 211 thereof,

establishing the European

Whereas:

Article 20 of
the Treaty establishing the European
Community (hereinafter Article 20 TEC) entitles Union
citizens located in a third country in which their own
Member State is not represented to protection by the
any other
diplomatic
Member State represented, on the same conditions as
the nationals of that State. This right is also enshrined
in Article 46 of the Charter of Fundamental Rights of the
European Union.

authorities of

and consular

(5)

A Eurobarometer survey published in July 2006 revealed
that the majority of Union citizens are not aware of
Article 20 TEC and its implications. Only 23 % of the
persons interviewed claimed to be familiar with the
possibilities offered by Article 20 TEC. It also emerged
that half of the Union citizens expect to travel to a third
country within the next three years.

The suggestion to reproduce Article 20 TEC in passports
to inform citizens of their rights was invoked in the
report of 9 May 2006 of Mr Barnier ‘For a European
civil protection force: Europe aid’. On 15 June 2006, the
Council Presidency invited Member States to consider the
possibility of reproducing the wording of Article 20 TEC
in passports to ensure that Union citizens are well
informed of their rights (1).

(1) ‘Reinforcing the European Union’s emergency and crisis response
capacities’, Document of the Council 10551/06 of 15.6.2006.

(1)

(2)

(3)

The Commission adopted a Green Paper on diplomatic
and consular protection of Union citizens
in third
countries (2) on 28 November 2006, which proposed
several possible actions to strengthen the protection of
Union citizens. As an effective way of reminding citizens
of their rights, it was suggested to recommend Member
States to print Article 20 TEC in passports. This proposal
received wide support from Member States, civil society,
citizens and other European institutions (3) (4). To inform
citizens of their right to protection by diplomatic and
consular authorities under Article 20 TEC,
it was also
suggested to create an EU website concerning this right
and to include a reference to the website in national
passports.

regarding the security standards

The issuing of passports falls under Member States’
competence. A uniform format
for passports was
introduced by a Resolution of the representatives of the
Governments of the Member States on 23 June 1981 (5).
In addition, measures have been adopted at Community
level
for passports.
Minimum security
passports were
standards
introduced by a Resolution of the representatives of the
Governments of the Member States on 17 October 2000
in order to combat forgery (6). A Council Regulation was
adopted on 13 December 2004 requiring Member States
to introduce biometric
in passports by
28 August 2006 and to store additional data in
passports by 28 June 2007 (7).

identifiers

for

(6)

Article 20 TEC should be reproduced in the official
language(s) of the Member State issuing the passport.

(2) COM(2006) 712.
(3) Opinion of the European Parliament: A6-0454/2007.
(4) Opinion of the European Economic and Social Committee: SOC/262

(CESE 425/2007).

(5) OL C 241, 19.9.1981, p. 1.
(6) OJ C 310, 28.10.2000, p. 1.
(7) Council Regulation (EC) No 2252/2004 of 13 December 2004 on
standards for security features and biometrics in passports and travel
documents issued by Member States (OJ L 385, 29.12.2004, p. 1).

6.5.2008

EN

Official Journal of the European Union

L 118/31

(7)

(8)

(9)

(10)

(11)

It would be sufficient to reproduce the wording of the
first sentence of Article 20 TEC. The second sentence
refers to Member States’ duty to engage in international
negotiations to secure protection and is not directly
relevant for citizens.

The Commission intends to create a website dedicated to
consular protection to publish practical information, e.g.
updated contact details of Member States’ representations
in third countries.
to include a
reference to this website in national passports together
with Article 20 TEC as a single common access point to
information on this right.

It would be useful

HEREBY RECOMMENDS:

1. Member States are invited to reproduce the first
establishing

sen-
the
tence of Article 20 of
European Community and a reference to an EU website
(http://ec.europa.eu/consularprotection)
in passports issued
after 1 July 2009.

the Treaty

2. Member States are invited to make available a sticker with
the information referred to in point 1 to holders of
passports issued before 1 July 2009.

To minimise the administrative burden of the Member
States, it would be appropriate to recommend Member
States to print Article 20 TEC in new passports issued
after 1 July 2009.

3. Member States are invited to inform the Commission 18
months from the publication of this Recommendation in
the Official Journal of the European Union of action taken in
response to this Recommendation.

In order to inform citizens whose passports are issued
without a reference to Article 20 TEC,
it should be
recommended to affix a sticker on the outside rear cover.

Done at Brussels, 5 December 2007.

To reproduce the wording of Article 20 TEC in passports
would significantly enhance citizens’ awareness of the
right to protection by diplomatic and consular authorities
and entail limited costs for the Member States,

For the Commission

Franco FRATTINI
Vice-President