COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Consular protection for EU citizens in third countries: State of play and way forward
Date: 2011-03-23
Institutions: European Commission
Subjects: European citizenship, diplomatic protection, public awareness campaign, third country

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EUROPEAN COMMISSION 

Brussels, 23.3.2011 
COM(2011) 149 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

Consular protection for EU citizens in third countries: 
State of play and way forward 

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

Consular protection for EU citizens in third countries: 
State of play and way forward 

An EU citizen, travelling to or living in a non-EU country where his/her Member State is not 
represented, has the right, under the EU Treaties, to enjoy the protection of the diplomatic 
and consular authorities of any Member State under the same conditions as the nationals 
of that State. 

The  right  to  obtain  consular  protection1  from  a  Member  State  under  the  same  conditions  as 
nationals  of  that  Member  State  is  one  of  the  specific  rights  that  the  Treaty  grants  to  EU 
citizens and adds an external dimension to the concept of Union citizenship. It strengthens 
the idea of European solidarity and the identity of the Union in third countries. 

The  aim  of  this  Communication  is  to  take  stock  of  the  European  Union's  contribution  to 
effective consular protection in third countries as announced in the Commission's Action Plan 
2007-20092 and to present the way forward based on the experience gained and the renewed 
institutional framework. 

This Communication fulfils the Commission's Treaty obligation to report every three years on 
the application of Article 23 of the Treaty on the Functioning of the European Union (TFEU) 
on consular protection, as announced by the Commission in its Report under Article 25 TFEU 
on progress towards effective EU Citizenship 2007-20103.  

The  Communication  also  contributes  to  implementing  Action  8  of  the  "EU  Citizenship 
Report 2010 – Dismantling the obstacles to EU citizens' rights"4, a strategic initiative of 
the Commission, focusing on obstacles citizens still face, notably when moving cross-border, 
and presenting remedies to them. 

The  Communication  is  a  first  response  to  the  European  Council,  which  invited  the 
Commission  on  2  December  2009,  in  the  Stockholm  Programme,  to  "consider  appropriate 
measures establishing coordination and cooperation necessary to facilitate consular protection 
in accordance with Article 23 TFEU"5. 

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Consular  protection  is  the  provision  of  support  and  assistance  to  citizens  abroad,  either  to  a  State's 
nationals or to those nationals to whom it has agreed to provide assistance. 
COM(2007) 767 final. 
COM(2010) 602 final. 
COM(2010) 603 final. 
OJ 2010/C 115/01 - The Stockholm Programme – An open and secure Europe serving and protecting 
the citizens, Council document 17024/09 of 2 December 2009, p. 11. 

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1. 

WHERE WE STAND TODAY 

The need of EU citizens for consular protection is expected to increase in the coming years. 
According  to  Eurostat  statistics6  the  number  of  trips  EU  citizens  take  to  third  countries  has 
increased from over 80 million in 2005 to over 90 million trips in 2008 and travel activity is 
expected to further increase7. More than 30 million EU citizens are estimated to permanently 
live in a third country, but only in the United States, China and Russia are all Member States 
represented.  Recent  major  crises  affected  a  considerable  number  of  EU  citizens  in  third 
countries (for  instance in Libya, Egypt and Bahrain after the democratic uprisings in  spring 
2011; Japan after the earthquake in March 2011; Haiti after the earthquake in January 2010; 
Iceland's  volcanic  ash  cloud  in  spring  2010)8  and  showed  the  need  for  consular  protection 
regardless of an EU citizen's nationality. More than 100.000 EU citizens were present in these 
third countries when the crises occurred. In the current circumstances it appears particularly 
relevant to further reinforce the effectiveness of the right of EU citizens to be assisted in third 
countries  for  their  different  needs  (e.g.  practical  support,  health  or  transport).  With  public 
budgets  under  pressure,  the  European  Union  and  the  Member  States  need  to  foster 
cooperation to optimise the effective use of resources. 

Type/level of help that embassies should provide to EU citizens

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Any of the embassies should define
themselves what type of help they provide

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Any of the embassies should provide at
least a minimum help

Any of the embassies should provide
exactly the same type of help as I would
get from my own embassy

DK/NA

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Q5. If you are in a country where [Member State of which the interviewed is a national] 
does  not  have  an  embassy,  you  have  the  right,  as  an  EU  citizen,  to  get  help  from  the 
embassy of any other EU Member State. The type/level of help you will get, depends on
which embassy you go to. Which statement do you agree with more: 
Base: all repondents, % EU27

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Database on population, section on tourism; data include holiday and business trips of more than one 
day. 
The World Tourism Organization expects further significant growth for the period 2010-2020. 
Libya (where 8 Member States are represented): around 6.000 EU citizens present at the beginning of 
the  crisis;  on  9  March  2011  1.345  EU  citizens  were  still  present;  since  then,  Member  States  were 
looking  for  evacuation  possibilities  for  at  least  52  EU  citizens.  Egypt  (where  22  Member  States  are 
represented):  at  least  100.000  EU  citizens  (mostly  tourists  in  the  Red  Sea  region).  Bahrain  (where  4 
Member States are represented): there are at least 8.800 EU citizens. Japan (where all Member States 
are  represented  except  Malta  and  Cyprus):  around  37.000  EU  citizens.  Haiti  (after  the  earthquake  in 
2010): about 2.700 EU citizens. Icelandic volcanic ash cloud crisis (spring 2010): more than 100.000 
flights were cancelled. Figures are estimates based on Member States and Commission sources. 

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Even  though  consular  protection  provided  by  Member  States  varies,  the  majority  of  EU 
citizens9  (62%)  would  expect  the  same  kind  of  help  regardless  of  which  Member  State's 
embassy  they  turn  to.  A  third  of  EU  citizens  (28%)  expect  at  least  a  minimum  standard  of 
help provided by any Member State. 

1.1. 

The new legal framework 

The  Lisbon  Treaty  takes  account  of  the  increased  need  for  a  European  dimension  to 
consular protection; it reinforces and clarifies the capacity of the Union to act. The right of 
unrepresented  EU  citizens  to  enjoy  protection  by  the  consular  and  diplomatic  authorities  of 
other Member States on the same conditions as nationals of that State is enshrined in Articles 
20(2)(c) and 23 TFEU and Article 46 of the Charter of Fundamental Rights of the European 
Union.  

According to the wording of these three provisions, EU citizens "shall have the right to enjoy 
[…]  the  protection  of  the  diplomatic  and  consular  authorities  on  the  same  conditions  as 
nationals  of  that  State".  This  confers  a  clear  individual  entitlement  for  the  citizen10  of  a 
Member State to be treated equally by the consular authorities of another Member State in the 
territory of a third country where his/her own Member State is not represented. The status as a 
citizen  of  the  Union  is  destined  to  be  the  fundamental  status  of  nationals  of  the  Member 
States11  and  Union  law  confers  individual  rights  inter  alia  to  guarantee  the  full  effect  of 
citizens' legal entitlements. 

The right to protection by consular and diplomatic authorities as endowed in Article 23 TFEU 
is subject to judicial review. The provisions of Part Two of the TFEU are under full review 
of the European Court of Justice. National courts have to apply Article 23 TFEU as any other 
provision  of  Union  law;  the  right  to  judicial  review  is  a  general  principle  of  law  binding 
Member States and institutions when implementing Union law12 which is codified in Article 
47 of the Charter of Fundamental Rights. Unrepresented EU citizens have the right that their 
request  for  consular  protection  is  duly  considered;  a  refusal  decision  is  subject  to  judicial 
review  and  in  accordance  with  established  case-law  on  State  liability  may  render  liable  for 
harm caused.  

Under the previous legal regime Member States were to establish the necessary rules among 
themselves13. Two decisions of the Representatives of the Governments of the Member States 
were adopted (Decision 95/553/EC on consular protection for unrepresented EU citizens14 and 
Decision  96/409/CFSP  regarding  Emergency  Travel  Documents15).  The  Lisbon  Treaty 
abandons the previous logic of intergovernmental sui generis decision-making. Article 23(2) 
TFEU  empowers  the  Commission16  with  the  right  to  initiate  legislation,  i.e.  to  propose 
directives establishing the coordination and cooperation measures necessary to facilitate 

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Eurobarometer from March 2010. 
See cases Lütticke, 57/65 and Van Gend & Loos, 26/62. Article 23(2) TFEU no longer prescribes that 
Member States establish the necessary rules among themselves. Article 23(1)(2) TFEU merely enables 
Member States to adopt the necessary internal provisions.  
Case Grzelczyk, C-184/99. 
Case Oleificio Borelli, C-97/91. 
Article 20 TEC. 
OJ L 314, 28.12.1995, p. 73. 
OJ L 168, 16.7.1996, p. 4. 
Article 17(2) TEU. 

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such  protection.  After  consulting  the  European  Parliament,  the  Council  acts  by  qualified 
majority17.  

The  Lisbon  Treaty  also  provided  for  the  creation  of  the  European  External  Action  Service 
(EEAS)18  which  was  launched  on  1  January  2011.  The  Council  Decision  establishing  the 
organisation  and  functioning  of  the  EEAS19  provides  in  Article  5(10)  that  the  Union 
delegations shall, upon request by Member States, support them in their diplomatic relations 
and in their role of providing protection to EU citizens in third countries on a resource-neutral 
basis. 

1.2. 

Consular protection for EU citizens today 

Today,  citizens  are  not  sufficiently  aware  of  their  Treaty  right  to  equal  treatment  regarding 
consular  protection.  The  number  of  cases  where  EU  citizens  have  requested  consular 
protection from another Member State is low and relevant data and statistics are not collected 
by all Member States. On 15 June 2010, the Commission concluded a public consultation on 
Union citizenship, including on consular protection. The issues invoked were discussed at a 
conference on Citizenship on 1 and 2 July 2010 which brought together relevant stakeholders. 
Representatives  from  civil  society  and  academia  argued  that  under  the  new  institutional 
framework  the  Commission  should  step  up  its  efforts  to  render  Article  23  TFEU  more 
effective.  The  European  Parliament  has  also  repeatedly  called  on  the  Commission  and  on 
Member States to strengthen the practical implementation of consular protection20. 

To  further  increase  effectiveness,  the  Commission  considers  that  enhanced  efforts  are 
necessary to: 

–  raise  awareness  among  EU  citizens  about  the  right  to  turn  to  embassies/consulates  of 
Member  States  other  than  their  own,  how  to  reach  these  facilities  and  what  kind  of  help 
can be offered; 

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of 

Union 

citizens 

Article 16(3) TEU. 
Article 27 TEU. 
OJ L 201, 3.8.2010, p. 30 (Council document 2010/427/EU). 
European Parliament Resolution of 25 November 2009 on the Communication from the Commission to 
the European Parliament and the Council – An area of freedom, security and justice serving the citizen 
– Stockholm programme (http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P7-TA-
2009-0090&format=XML&language=EN). 
European  Parliament  Resolution  of  11  December  2007  on  the  Green  Paper:  Diplomatic  and  consular 
countries 
third 
protection 
(http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P6-TA-2007-
0592&language=EN&ring=A6-2007-0454).  In  this  Resolution,  the  Parliament,  amongst  others, 
"suggests  that  the  Commission  should  propose  without  delay  to  the  Council  (over  and  above  the 
requirement  for  it  to  report  every  three  years  on  Union  citizenship  pursuant  to  Article  22  of  the  EC 
Treaty) that common concepts and binding guidelines enabling common standards to be established in 
the field of consular protection be adopted; calls on the Commission to intensify its communication and 
information  efforts,  in  particular  by  establishing  a  single  European  emergency  telephone  number  for 
inclusion  in  the  passports  of  Union  citizens  together  with  the  text  of  Article  20  of  the  EC  Treaty, 
enabling any Union citizen to be connected to a call centre which will provide him with comprehensive 
information in the event of a critical situation triggering the consular protection process in particular an 
up-to-date list of contact details for the Member States' embassies and consulates to which he is entitled 
to apply; the number could be administered on a central basis in Brussels; calls on the Commission to 
submit to it, once the Lisbon Treaty has been ratified, a proposal for amending Decision 95/553/EC, so 
that  it  expressly  includes:  diplomatic  protection;  the  identification  and  repatriation  of mortal  remains; 
simplification of the procedures for advancing money". 

in 

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–  raise  awareness  about  the  EU  dimension  of  consular  protection  among  national  consular 

officials; 

–  improve the legal certainty regarding scope, conditions and procedures related to consular 

protection; 

–  improve burden-sharing and use of resources, including in times of crisis. 

European  policies  must  aim  at  results  for  the  benefit  of  EU  citizens.  The  Lisbon  Treaty 
provides  new  opportunities  to  further  improve  consular  protection  for  unrepresented  EU 
citizens. The Commission will work in close partnership with the European Parliament, the 
Council, the Member States, the European External Action Service and other stakeholders on 
the actions proposed in the third part of this Communication. 

2. 

STOCKTAKING – ACTION PLAN 2007-2009 AND BEYOND 

In  its  Action  Plan  2007-2009,  the  Commission  proposed  a  set  of  measures  to  strengthen 
protection  by  the  diplomatic  and  consular  authorities  which  can  be  grouped  into  three 
categories: 1) information measures, 2) reinforcing and clarifying the protection, 3) stepping 
up joint efforts in crisis situations and as regards common resources. 

2.1. 

Information measures 

2.1.1. 

Informing EU citizens 

To  inform  EU  citizens  the  Commission  adopted  a  Recommendation  on  5  December  2007 
inviting Member States to reproduce the wording of the first sentence of Article 20 TEC 
(which corresponds to Article 23 TFEU) in national passports issued after 1 July 2009. Most 
Member States reacted positively and decided to include the first sentence of Article 20 TEC 
or a paraphrased version in their new passports21. Some Member States will not do so or have 
not yet decided on the issue22. 

The Commission further launched an information campaign. Posters explaining the Treaty 
provision on consular protection in user-friendly terms were sent to 35 major airports from all 
Member States in cooperation with the Airports Council International (ACI) in March 2008. 
In  June  2008,  the  information  material  was  sent  to  more  than  10 000  travel  agencies  in  15 
Member  States  in  cooperation  with  the  European  travel  agents'  and  tour  operators' 
associations (ECTAA). 

2.1.2. 

Seminars for consular officials 

As a follow-up to its Action Plan, the Commission organised jointly with the EU Presidencies 
several  seminars  to  discuss  common  problems  and  facilitate  the  exchange  of  information. 
These  seminars  started  under  the  Portuguese  Presidency  in  Lisbon  in  November  2007. 
Regarding unrepresented EU citizens, a common thread was that cooperation on the ground is 
largely  based  on  ad  hoc  arrangements  and  informal  contacts.  The  following  seminars  took 
place  in  Ljubljana  (June  2008),  Strasbourg  (October  2008),  Prague  (April  2009)  and 
Brussels  (September  2010).  The  seminars  in  Ljubljana  and  Prague  and  the  one  in  Brussels 

21 
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BE,BG,DE,EL,ES,FR,IT,CY,LV,LT,LU,MT,NL,AT,HU,PL,RO,SI,SE,UK. 
CZ,DK,EE,IE,PT,SK,FI.  

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focused on consular protection in crisis situations, whereas the seminar in Strasbourg was on 
the role of Member States' consulates inside the EU. The seminars showed scope for further 
cooperation,  including  through  appropriate  training  and  financial  reimbursement  in  crisis 
situations. 

2.2. 

Identifying the scope of consular protection for EU citizens  

2.2.1.  Comparative analysis of rules and practices 

The  extent  of  consular  protection  varies  between  Member  States  and  discrepancies  may 
render cooperation and coordination by consular and diplomatic authorities more challenging. 
The  Commission  undertook  a  comparative  analysis  of  the  extent  and  nature  of 
discrepancies23.  National  rules  on  consular  protection  show  significant  divergences  (e.g.  as 
regards  the  level  of  fees)  but  also  many  common  features  and  several  best  practices  (e.g. 
bringing  victims  of  violent  crime  into  contact  with  support  organisations).  Common 
practices  include  the  day-to-day  situations  in  which  all  Member  States'  consulates  and 
missions provide assistance (e.g. death, serious accident or illness, arrest or detention) and the 
assistance  provided  in  these  cases  (for  instance  in  case  of  serious  accident  or  illness  all 
Member States inform the family of the EU citizen, provide information on available medical 
care, etc.). Areas in which best practices could be shared (e.g. assistance  in cases involving 
mental illness) were identified. 

2.2.2.  Reinforced scope and procedures 

EU  citizens'  family  members  who  are  third  country  nationals  are  often  excluded  from 
consular assistance. When they are assisted, the categories of family members included seem 
to  vary  as  well  as  the  circumstances  under  which  they  are  granted  assistance.  Decisions 
appear to be taken on a case-by-case basis without clear criteria, though in times of crisis rules 
on family members tend to be applied in a more comprehensive way.  

in 

EU citizens in distress may find themselves in situations where they are deprived of necessary 
financial means (e.g. subsequent to being the victim of a crime). The Commission looked into 
the procedures for financial advances. Member States provide financial advances to citizens 
in  distress  only 
limited  circumstances  and  under  strict  conditions.  Regarding 
reimbursement  the  form  included  as  an  annex  to  Article  6  of  Decision  95/553/EC  is  not 
commonly used. On the identification and repatriation of the deceased, the 1973 Council 
of Europe Convention on transfer of corpses24 is currently ratified by 16 Member States. The 
Convention simplifies the formalities required for the international transfer of corpses through 
a uniform "laissez-passer". In line with its Action Plan, the Commission asked Member States 
to  accede  to  the  Convention.  However,  there  has  not  been  significant  progress  in  the 
ratification, which is a pre-condition to initiate multilateral negotiations in this area. 

Under  international  law,  the  consular  protection  of  a  citizen  by  another  State  requires  the 
consent of the receiving State. It is argued that in accordance with Article 8 of the Vienna 
Convention  on  Consular  Relations25  a  unilateral  notification  to  the  third  country  suffices, 
which  would  however  require  all  27  Member  States  to  unilaterally  notify  the  third  country. 

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Comparative study on Member States' legislations and practices in the field of consular protection. 
Agreement on the Transfer of Corpses, Strasbourg 26.10.1973. 
"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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The  Commission  has  also  been  encouraging  Member  States  to  include  a  consent  clause  in 
future bilateral agreements with third countries, i.e. a clause providing for the agreement of a 
third  State  that  the  consular  and  diplomatic  authorities  of  a  represented  Member  State  can 
provide protection to nationals of unrepresented Member States under the same conditions as 
to  its  own  nationals.  The  Commission  -  taking  due  account  of  the  specificity  of  each 
negotiation  -  proposed  to  include  a  consent  clause  in  mixed  agreements  with  certain  third 
countries. Negotiations are ongoing. 

2.3. 

Joint efforts – in crisis situations and on the ground 

2.3.1.  Consular protection in times of crisis 

During recent crises, the Commission supported Member States' assistance to EU citizens in a 
number  of  ways.  On  the  ground,  EU  Delegations  provided  support  in  specific  cases.  The 
Treaty  provides  that  Member  States'  diplomatic  and  consular  missions  and  EU  Delegations 
shall  contribute  to  the  implementation  of  the  EU  citizens'  right  to  consular  protection  as 
referred  to  in  the  Treaty26.  The  EU  Delegations  support  the  Member  States  upon  request 
particularly  in  the  event  of  a  crisis.  A  small  dedicated  budget  line  was  set  up  for  EU 
Delegations to assist, if asked, with logistical support. This occurred during the Gaza crisis in 
January  2009  when  nearly  100  persons  were  evacuated  in  armoured  buses  thanks  to  EU 
Delegation support.  

Since  November  2007,  the  EU  Civil  Protection  Mechanism  (the  Mechanism)  can  be 
triggered  to  support  consular  assistance  to  EU  citizens  in  third  countries  regarding  civil 
protection activities, if requested by the consular authorities of the Member States27. When the 
Mechanism  is  activated,  the  Monitoring  and  Information  Centre  (MIC)  of  the  European 
Commission which is the operational centre of the Mechanism gives access to a wide network 
of  civil  protection  resources  available  from  the  31  participating  countries  (Member  States, 
EEA  countries  and  Croatia),  which  allows  for  pooling  and  mobilisation  of  resources  (e.g. 
transport means, medical assistance and evacuation, temporary shelter, etc.) and for exchange 
of  information.  After  the  Mumbai  terrorist  attack  in  November  2008,  a  Swedish  Medevac 
airplane,  co-financed  by  the  Commission  through  the  MIC,  evacuated  six  wounded 
Europeans. Recently, the Mechanism was again activated in the context of the Libyan crisis to 
support consular authorities with the rapid evacuation of EU citizens. The MIC contributed to 
the ongoing operations of Member States by facilitating the pooling of transport, identifying 
additional  transport  means  for  evacuation  purposes,  and  co-financing  transport  costs  for 
certain  Member  States'  assets.  For  instance,  Hungary  made  an  aircraft  available,  which  was 
co-financed  through  the  MIC,  to  evacuate  29  Romanians,  27  Hungarians,  20  Bulgarians,  8 
Germans, 6 Czechs and 6 other EU and non-EU nationals from Tripoli. Close collaboration 
with  the  military  ensured  that  the  MIC  operated  as  an  information  hub  between  transport 
providers and consular authorities.  

During recent crises (for instance Libya, Egypt, Haiti, Iceland's volcanic ash cloud), consular 
assistance was coordinated via teleconferences and the EU secure website for information 
sharing  by  EU  consular  authorities  ("Consular  On-Line")  provided  by  the  Joint  Situation 

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27 

These operations are based on Articles 20(2)(c) and 23 TFEU, concerning the protection of EU citizens 
not represented in third countries by their Member State, and on Article 35 TEU, providing a role for 
the EU Delegations in the implementation of Article 20(2)(c) TFEU, in cooperation with the Member 
States' missions. 
Article 2(10) of Council decision 2007/779/EC of 8 November 2007. 

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Centre  of  the  EU.  Such  a  coordination  tool  proved  useful  and  instrumental  in  assessing  the 
overall situation on the ground, namely concerning the presence of EU citizens and available 
capacities of Member States. Further actions to strengthen cooperation and solidarity between 
consulates in crisis situations, such as in cases where the international and intra-EU mobility 
of EU citizens is heavily affected, are the object of discussion in the relevant fora (consular 
affairs, civil protection, transport, etc.). It is important to ensure that all EU citizens are timely 
evacuated,  not  only  those  whose  diplomatic  representations  are  present  in  the  third  country 
concerned.  The  current  crisis  in  Libya,  where  Member  States  have  been  evacuating  EU 
citizens from other Member States has been a good illustration of European solidarity and the 
added value Union instruments can bring. No EU citizen should be left behind. 

2.3.2.  Common offices pilots 

The  Commission's  Action  Plan  2007-2009  suggested  setting  up  a  common  office  in 
cooperation  with  Member  States  as  a  pilot  project.  Common  offices,  i.e.  co-location 
arrangements,  of  Member  States  and  the  EU  delegation  in  a  given  third  country  could 
potentially save costs, enhance mutual cooperation of national consular staff and compensate 
for limited consular presence. They should be accessible to all EU citizens. The common visa 
application  centre  in  the  Republic  of  Moldova,  albeit  carrying  out  very  different  tasks,  is  a 
first step in this direction.  

3. 

THE WAY FORWARD  

The European Council when endorsing the Stockholm Programme invited the Commission to 
consider  appropriate  measures  establishing  coordination  and  cooperation  necessary  to 
facilitate consular protection28. 
Therefore, the Commission is  considering actions in the  field  of consular  protection for EU 
citizens which will be based on three pillars: 

•  increased awareness raising through targeted communication measures; 

•  proposals under the new legal framework of the Lisbon Treaty; 

•  improved burden sharing and optimised use of resources, including in crisis situations. 

In  preparing  these  proposals,  the  Commission  will  closely  consult  with  the  European 
Parliament  and  the  Council,  taking  full  account  of  the  principle  of  resource  neutrality  with 
respect to the role of EU Delegations. 

3.1. 

Increased awareness raising through targeted communication measures 

3.1.1.  Awareness raising of EU citizens 

The European Council noted in the Stockholm Programme that consular protection is not well 
publicised and that more effort is needed to ensure its full application29. The Commission is 
therefore  launching  a  dedicated  website30  on  consular  protection  for  the  citizen.  The 
website aims to raise citizens' awareness of this right and improve access to information by 

28 

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OJ 2010/C 115/01 - The Stockholm Programme – An open and secure Europe serving and protecting 
the citizens, Council document 17024/09 of 2 December 2009, p. 11. 
Idem. 
http://ec.europa.eu/consularprotection. 

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creating  a  single  entry  point.  The  website  will  inform  EU  citizens  about  the  addresses  of 
consular or diplomatic missions in non-EU countries to which they may turn for protection. It 
will  also  provide  access  to  all  Member  States'  travel  advisory  services.  The  website  will 
facilitate citizens' access to "Europe Direct" as a single telephone line to gain information on 
consular protection31. 

Communication  about EU  citizens' right to obtain consular protection from a  Member State 
under the same conditions as nationals of that Member State is a joint responsibility of the 
Commission and Member States. Citizens shall be informed about what they can and cannot 
expect, e.g. that Member States generally  do not  provide  intervention in legal  disputes.  The 
websites of national Foreign Ministries should provide information on this right and a link to 
the  Commission's  website.  Member  States  could  inform  their  citizens  about  this  right  when 
issuing  new  passports.  The  Commission  will  continue  to  work  in  close  partnership  with 
Member  States  on  awareness  raising,  starting  with  a  dedicated  seminar  organised  in  June 
2011  together  with  the  Hungarian  Presidency.  The  Commission  cooperates  with  travel  and 
expatriate associations, employers'  associations  and  NGOs  (as  many travellers and residents 
in  third  countries  are  there  for  business  purposes).  The  Commission  will  also  explore  with 
publishers the possibility of giving information on consular protection as well as on passenger 
rights through travel guides and internet. 

On  the  ground  in  third  countries,  Member  States'  consulates  and  embassies  and  EU 
Delegations  could  also  disseminate  information  (e.g.  providing  information  on  the  local 
websites  of  consulates  and  embassies  or  at  their  premises,  contacting  local  multipliers  like 
travellers’ clubs, major hotels or local expat associations). They could increase awareness and 
understanding  of  third  countries'  authorities  which  should  subsequently  pass  on  the 
information to their local authorities (e.g. police stations). 

In  providing  information  on  the  right  to  consular  protection  through  the  awareness  raising 
type  of  actions,  the  Commission  will  take  due  account  of  the  variety  in  Member  States 
consular laws and levels of consular protection.  

3.1.2.  Awareness raising of consular officials 

Consular officials are still partially unaware of the Treaty provisions on consular protection. 
The Commission will foster more targeted training. As a first step, the Commission's services, 
in  cooperation  with  the  European  External  Action  Service,  are  issuing  a  training  kit  for 
national consular staff which focuses on the "need to know basics" to be used by Member 
States in the preparatory training for staff posted abroad. The Commission supports the need 
for  tailor  made  trainings  to  be  offered  by  Member  States  and  the  EU,  as  agreed  by  the 
Council on 22 December 2010. These Europe-wide trainings could take the form of hands-on 
workshops and be cost-efficient (e.g. by using existing training facilities). Participants should 
include  consular  staff  with  training  responsibilities  to  help  multiply  knowledge  gained 
("training  the  trainers").  Identified  national  best  practices  should  be  further  discussed  and 
promoted.  In  addition,  consular  staff  will  be  made  aware  of  the  supportive  role  civil 
protection  and  the  EU  Civil  Protection  Mechanism  can  play  during  crises.  A  first 
brainstorming  on  an  EU  training  for  both  consular  and  civil  protection  experts  dealing  with 
consular  protection  during  crises,  in  conjunction  with  civil  protection  took  place  on  14 

31 

The  phone  number  is  00  800  67  89  10  11  for  free  from  anywhere  in  the  EU,  +32-2-299  96  96  from 
anywhere in the world. This phone number will provide general information on EU rights. It is not a 
24/7 number. 

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February 2011. As a second step and on the basis of the experiences gained, the Commission 
will consider fostering continuous training modules. 

3.2. 

Enhanced certainty under the Lisbon Treaty 

Decision 95/553/EC of the Representatives of the Governments of the Member States meeting 
within the Council was adopted in 1995 and entered into force in 2002. In accordance with its 
Article 7, Member States should have reviewed it five years after its entry into force.  

Member States' consular laws vary. Depending on which Member State an EU citizen decides 
to  turn  to,  the  level  of  protection  offered  may  differ.  These  discrepancies  may  render 
cooperation  and  coordination  by  consular  and  diplomatic  authorities  challenging.  Legal 
certainty  and  predictability  for  EU  citizens  abroad  should  be  a  primary  concern.  The  scope 
and  conditions  of  consular  protection  for  unrepresented  EU  citizens  should  be  clarified  and 
coordination procedures among consular and diplomatic authorities simplified. 

The  current  system  of  financial  advances  involves  extensive  cooperation.  An  assisting 
Member State has to ask prior authorisation from the citizens' Member State of origin, which 
then  has  to  reimburse  the  assisting  Member  State  but  can  ask  reimbursement  from  his/her 
citizen.  Member  States  grant  financial  advances  mainly  for  small  amounts  (e.g.  for  a  flight 
home or a hotel) and as a last resort. In a Union based on mutual solidarity cooperation could 
be facilitated. 

The Commission will examine how to step up cooperation in areas for further best practices, 
such as assistance in cases involving mental illness, unaccompanied minors, forced marriages, 
during periods of quarantine and as regards the legalisation of documents.  

Against  this  background,  the  Commission  intends  to  present  legislative  proposals 
establishing  the  coordination  and  cooperation  measures  necessary  to  facilitate  consular 
protection and addressing the issue of financial compensation of consular protection in crisis 
situations  in  12  months  time32.  In  this  context  the  Commission  will  also  consider  the 
provision of consular assistance to third country family members of EU citizens. 

Consular  and  diplomatic  authorities  issue  Emergency  Travel  Documents  (ETDs)  to 
unrepresented  EU  citizens  whose  passport  or  travel  document  is  lost,  stolen,  destroyed  or 
temporarily  unavailable,  in  accordance  with  Decision  96/409/CFSP.  Some  Member  States 
would want to enhance the security features in the Emergency Travel Documents and some 
third  countries  find  it  problematic  to  accept  the  current  ETDs  without  biometric  features. 
Consideration  will  be  given  as  to  a  possible  update  of  the  format  of  ETDs.  This  should  be 
accompanied by a careful cost-benefit analysis. 

To enhance legal security the Commission will continue to promote the inclusion of consent 
clauses (see above under point 2.2.2.) in mixed and bilateral agreements and further consider 
including clauses on substance, e.g. regarding access to detainees. The Commission will also 
engage  in  discussions  with  Member  States  on  how  to  further  increase  legal  security  and 
visibility of Article 23 TFEU vis-à-vis third countries. 

32 

Commission Work Programme 2011 (COM(2010) 623 final). 

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3.3. 

Improved burden sharing and optimised use of resources 

3.3.1. 

In crisis situations 

The recent crises in Northern Africa and Japan have shown the risks to which EU citizens can 
be  exposed33.  Unrepresented  EU  citizens  are  entitled  to  protection  by  the  diplomatic  or 
consular authorities of any Member State under the same conditions as their nationals. This 
obligation includes crisis situations. With more EU citizens expected to travel abroad in the 
coming  years,  the  need  for  protection  might  become  even  greater  and  place  considerable 
burden on assisting Member States. The Commission has been finalising a study looking into 
compensation  for  consular  protection  in  times  of  crisis,  notably  as  regards  evacuation 
measures of unrepresented EU citizens. One of the results of the study is that current rules on 
reimbursement are frequently not applied in practice. During evacuation operations, Member 
States  tend  to  offer  evacuation  facilities,  such  as  available  places  in  airplanes,  to 
unrepresented  citizens34.  To  ensure  equal  assistance  of  unrepresented  EU  citizens  and 
encourage Member States to assume an even more proactive role during crises in which own 
nationals are not involved, the Commission is examining how to further facilitate and simplify 
reimbursement procedures and encourage synergies with existing tools of financial support. 

Improved  burden  sharing  and  coordination  could  also  be  brought  about  by  considering  the 
feasibility  and  added  value  of  setting  up  EU  teams  of  national  consular  staff,  in 
coordination with the EEAS and the Commission as necessary, assisting in crisis situations. 
This  possibility  should  be  examined  while  looking  into  existing  tools  to  avoid  any  possible 
overlap  with  existing  structures.  Each  crisis  is  different.  Nevertheless,  anticipating  crisis 
scenarios  via  sustained  contingency  planning  on  the  ground  and  in  capitals  among  the  27 
Member  States  which  includes  unrepresented  EU  citizens  appears  crucial  for  effective 
crisis management. Member States are setting up capabilities to localise and inform consular 
personnel  and  to  provide  early  warning  for  EU  citizens  in  crisis  situations  (e.g.  via  text  or 
email  messages).  The  Commission  is  currently  financing  research  in  this  area.  These  tools 
could substantially increase the security of EU citizens abroad but need to fully respect their 
right to privacy and data protection laws. 

Better  use  of  available  civil  protection  assets  and  EU  instruments,  such  as  the  EU  Civil 
Protection  Mechanism,  will  also  contribute  to  optimisation  of  resources  and  improved 
assistance  to  EU  citizens  during  crises.  Further  EU  action  on  EU  Disasters  Response  is 
addressed in the Communication "Towards a stronger European disaster response: the role of 
civil protection and humanitarian assistance"35. 

3.3.2.  On the ground 

Article 35 TEU provides that the diplomatic and consular missions of the Member States and 
the  EU  Delegations  shall  contribute  to  the  implementation  of  the  EU  citizens'  right  to 
consular protection as referred to in the TFEU. 

33 
34 

35 

See footnote 8. 
For  instance  in  Haiti  1300  EU  citizens  were  assisted  of  which  around  250  were  not  represented  by 
diplomatic or consular authorities in Haiti. 
COM(2010) 600 final. 

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Already  in  the  past  EU  delegations  provided  logistical  assistance  to  support  consular 
assistance36.  The  Council  Decision  establishing  the  organisation  and  functioning  of  the 
European External Action Service (EEAS)37 provides in Article 5(10) that the EU Delegations 
shall, upon request by Member States, support them in their diplomatic relations and in their 
role  of  providing  consular  protection  to  EU  citizens  in  third  countries  on  a  resource-neutral 
basis.  Article  13(2)  provides  that  the  High  Representative  shall  submit  a  report  to  the 
European Parliament, the Council and the Commission on the functioning of the EEAS by the 
end  of  2011.  Among  other  points  this  report  shall  also  cover  consular  protection.  EU 
Delegations could assist further in informing unrepresented EU citizens about protection by 
the consular and diplomatic missions of Member States.  

4. 

CONCLUSIONS 

The  evaluation  of  the  2007-2009  Action  Plan  on  consular  protection  showed  that  there  is 
scope for further coordination and cooperation on consular protection, namely to the benefit 
of  those  citizens  who  face  difficulties  abroad  and  cannot  turn  to  their  own  diplomatic  and 
consular  authorities.  Citizens  should  know  about  their  right.  The  Commission  will  step  up 
awareness  of  citizens  and  stakeholders  through  targeted  communication  measures 
specifically addressed to potential beneficiaries. Citizens should be aided swiftly in times of 
crisis. 

The  Commission  will  submit 
legal  proposals  establishing  the  coordination  and 
cooperation  measures  necessary  to  facilitate  consular  protection  for  unrepresented  EU 
citizens  and  addressing  the  issue  of  financial  compensation  of  consular  protection  in  crisis 
situations in 12 months time38. The Commission will engage in discussions with the European 
Parliament,  the  Council,  the  Member  States,  the  European  External  Action  Service  and  all 
other  stakeholders  on  the  actions  proposed.  In  accordance  with  Article  25  TFEU,  the 
Commission  will  report  on  the  progress  achieved  in  2013  in  the  framework  of  the  next  EU 
Citizenship Report. The right of unrepresented EU citizens to turn to another Member State’s 
embassy or consulate on equal terms with nationals of that State is an expression of a Union 
based on mutual responsibility and solidarity. With the Lisbon Treaty in force and in view of 
the  Stockholm  Programme  adopted  by  the  European  Council39,  the  Union  has  a  mandate  to 
further turn this right into practice. 

36 
37 
38 
39 

See point 2.3.1. supra. 
OJ L 201, 3.8.2010, p.30 (Council document 2010/427/EU). 
Commission Work Programme 2011 (COM(2010) 623 final). 
OJ 2010/C 115/01 – The Stockholm Programme – An open and secure Europe serving and protecting 
the citizens, Council document 17024/09 of 2 December 2009. 

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