European Union guidelines on the implementation of the consular Lead State concept
Date: 2008-12-12
Institutions: Council of the European Union
Subjects: EU Member State, EU national, European cooperation, diplomatic protection, testing, third country, voluntary work

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Official Journal of the European Union

12.12.2008

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COUNCIL

European Union guidelines on the implementation of the consular Lead State concept

(2008/C 317/06)

Introduction

1. Following on from the Council guidelines on consular protection for EU citizens in third countries of
16 June 2006 (footnote: document 10109/2/06 Rev 2) and document 10715/07 approved by the PSC,
the present guidelines seek to implement the conclusions of the General Affairs and External Relations
Council meeting on 18 June 2007 which aim to ‘strengthen consular cooperation between EU Member
States through the implementation of the consular Lead State concept’. Those conclusions state that ‘in
the event of a major consular crisis and without prejudice to the primary responsibility of Member States
to protect their nationals, the Lead State will endeavour to ensure that all European Union citizens are
assisted and will coordinate between Member States on the ground’.

2. These guidelines have been drawn up as part of the obligation arising under Article 20 of the Treaty
establishing the European Community and of the cooperation tasks as stipulated under Article 20 of the
Treaty on European Union. A Member State would take on the role of Lead State on a voluntary basis,
with the active support and participation of all Member States. In all cases, other Member States will
continue to monitor the situation of their nationals on the ground, share intelligence and situation
assessments and provide reinforcements and additional resources as required.

3. In accordance with document 10715/07 approved by the PSC, at the end of the current trial period,
which should inter alia enable further exercises to be organised, and on the basis of practical experience,
the Member States will consider the option of formalising this framework through a legal decision.

4. These guidelines do not exclude other additional forms of cooperation or coordination initiatives, given

the specific situations that may arise in the event of a major consular crisis in third countries.

5. These guidelines are not legally binding and are addressed solely to the Member States, the European
Commission and the Council General Secretariat. These guidelines will be published in the Official Journal
of the European Union.

1. Declaration of the Lead State

1.1. A Member State which wishes to assume the task of Lead State in a third country will notify this
through the COREU network. Missions and posts in the third country will be informed at a local coor-
dination meeting.

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1.2. If two Member States wish to assume jointly the task of Lead State in a third country, they will notify
this jointly through the COREU network. Where there is more than one Lead State, responsibilities will
be shared as appropriate and coordination arrangements clearly defined.

1.3. If there is no objection from another Member State within 30 days or unless it renounces the task
through the COREU network, the Member State will be declared the Lead State in the third country
concerned.

1.4. A list of third countries in which a Member State assumes the role of Lead State will be updated by the
Council General Secretariat upon notification of a declaration or renunciation by a Lead State. The list
will be published on the website hosted by the SITCEN and distributed to Member States on a regular
basis.

1.5. In the event of a major consular crisis in a third country where no Lead State has been declared, one or
more Member States may assume this mission immediately if they notify this through the COREU
network or by other appropriate means. Member States may decline the Lead State's offer as provided
for in point 2.2.

2.

Lead State Missions

2.1. The Lead State will take on the following tasks:

(a) outside of times of crisis, the Lead State, through its accredited head of mission or post in the third
country, and in collaboration with the Member State holding the local presidency of the European
Union, will coordinate the most appropriate preparatory measures. The Lead State will draw up an
evacuation plan for the beneficiaries defined in point 3.1 and will give information about the plan
to representations of the Member States and the local delegation of the European Commission;

(b) in the event of a major consular crisis, the Lead State will implement assistance measures for the
beneficiaries defined in point 3.1. The Lead State will inform the Member States concerned by the
crisis of developments in the situation. Locally, it will be the responsibility of the head of mission
or post of the Lead State to facilitate cooperation on the ground between Member States which
have sent additional personnel, financial resources, equipment, and medical assistance teams, in
accordance with point 5.2. The head of mission or post of the Lead State will also be in charge of
coordinating and leading assistance and assembly operations, and if necessary, evacuation to a place
of safety, with the support of the other Member States concerned.

2.2. If the Lead State deems it necessary to evacuate the beneficiaries defined in point 3.1, it will inform the
Member States concerned at local level and in the capitals. The Member States concerned will inform
the Lead State in return regarding their national position on the evacuation, and regarding their wish
to benefit or not from the assistance of the Lead State in the matter. If a Member State declines the
assistance of the Lead State, it will be in charge of providing assistance to its nationals and to other
potential beneficiaries of its consular assistance. Its nationals and other potential beneficiaries of its
consular assistance remain, in accordance with the principle of non-discrimination, eligible to receive
assistance from the Lead State. The possible consequences of the decision of the Member State to
decline the assistance of the Lead State cannot be attributed to the Lead State.

2.3. Participation of beneficiaries in an evacuation is voluntary. In the event of an evacuation, the Lead
State's mission will end when the evacuees arrive at the Lead State's designated place of safety. It is not
part of the Lead State's mission to to take evacuees anywhere other than the designated place of safety.

2.4. If the Lead State, unlike other Member States, considers that it is not yet the right time for evacuation,
it should, where possible, provide support to and coordinate assistance carried out by the other
Member States.

3.

Beneficiaries

3.1. All persons who would be given consular assistance by their Member State may seek assistance from

the Lead State.

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4.

Exchange of information (1)

4.1. To ensure the proper conduct of the mission of the Lead State as defined in point 2.1, Member States
will communicate the information that is strictly necessary (need to know) to carry out the mission,
including as defined in Annexes I, II and III of the guidelines of 16 June 2006.

4.2. The Lead State will undertake to use such information only in the strict framework of its tasks as the

Lead State.

4.3. Such information will be communicated locally to the Lead State's head of mission or post by the
accredited heads of mission or post in the third country, in accordance with locally agreed communica-
tion processes.

4.4. If a Member State has not appointed an accredited head of mission or post in the third country, it will
communicate the necessary information to the Lead State in accordance with locally agreed communi-
cation processes.

4.5. Absence or incompleteness of the information provided by a Member State to the Lead State will affect
the ability of the Lead State to carry out its tasks, as defined in point 2.1. In such a case, the Lead State
will assume its task of assistance only to the extent allowed by the information available.

5. Contributions to the Lead State's mission

5.1. Having regard to the principle of European solidarity, and in accordance with the primary responsibility
of Member States to protect their nationals, Member States will contribute to the proper conduct of the
mission of the Lead State.

5.2. On that basis, the Lead State may call on other Member States for the voluntary provision of logistical
and human resources during times of crisis. Representatives of the Member States, working within the
national crisis teams, may provide local support for the Lead State. The Lead State may also, if appro-
priate, seek support from instruments such as the Community Civil Protection Mechanism, the crisis
management structures of the General Secretariat of the Council and logistical support from the local
delegation of the European Commission. This role of the Commission should be agreed in the planning
phase between the Lead State and the Commission delegation concerned. Commission staff will not
undertake consular work.

5.3. The Lead State will submit to the Member States a balance sheet of expenditure incurred by the Lead

State and by the contributing States mentioned in point 5.2.

5.4. The Lead State may request reimbursement of expenses generated by its mission. Upon request, the
Member States will contribute to expenses generated by the Lead State's mission on a pro rata basis
depending on the number of assisted persons. This contribution will be determined after deduction,
where appropriate, of the expenditure mentioned in point 5.2. The Member State may obtain repay-
ment of expenses from assisted persons, on the basis of the undertakings to repay collected as far as
possible by the Lead State at the time of evacuation, in accordance with Decision 95/553/EC regarding
protection for citizens of the European Union by diplomatic and consular representations.

5.5. If a beneficiary of assistance from the Lead State claims compensation for damage suffered during an
assistance mission of the Lead State, the Lead State and the Member State of the beneficiary will
consult each other and consider further action in accordance with their national law and procedures
and international law.

6.

Publicity

6.1. Member States will take appropriate steps to bring these guidelines to the attention of all persons

eligible to receive consular assistance from them, in particular via travel advice websites.

(1) As regards personal data collected and recorded for the purposes of these guidelines, the relevant EU rules shall apply, in
particular Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard
to the processing of personal data and on the free movement of such data.