Proposal for a COUNCIL DIRECTIVE on consular protection for citizens of the Union abroad
Date: 2011-12-14
Institutions: European Commission
Subjects: EU national, European citizenship, diplomatic protection, help for victims, return migration, third country

EUROPEAN COMMISSION 

Brussels, 14.12.2011 
COM(2011) 881 final 

2011/0432 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on consular protection for citizens of the Union abroad  

(Text with EEA relevance) 
{SEC(2011) 1555 final} 
{SEC(2011) 1556 final} 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1 

Introduction 

EU citizens who travel to or live in a third country where their Member State of nationality 
does not have an embassy or consulate have the right to consular protection by the consular 
authorities of any other Member State. That Member State has to assist these unrepresented 
EU citizens under the same conditions as its own nationals. 

Recent crises affected many EU citizens, for example in Libya, Egypt and Bahrain after the 
democratic uprisings in spring 2011 or after the earthquake in Japan in March 2011. Also in 
day-to-day  situations,  such  as  in  case  of  serious  illness  or  when  being  victim  of  a  crime, 
consular protection is often indispensable.  

This  legislative  proposal  replaces  sui-generis  Decision  95/553/EC  regarding  consular 
protection for EU citizens1 in view of the legal framework established by the Lisbon Treaty. It 
lays  down  the  cooperation  and  coordination  measures  necessary  to  facilitate  consular 
protection  for  unrepresented  EU  citizens  and  carries  out  action  8  of  the  "EU  Citizenship 
Report  2010  -  Dismantling  the  obstacles  to  EU  citizens’  rights"  pursuant  to  which  the 
Commission  is  committed  to  increase  the  effectiveness  of  the  right  of  EU  citizens  to  be 
assisted  in  third  countries  by  the  diplomatic  and  consular  authorities  of  all  Member  States, 
including by proposing legislative measures in 20112. 

1.2 

Context and grounds for the proposal 

The  Treaty  right  to  consular  protection  for  unrepresented  EU  citizens  under  the  same 
conditions  as  for  nationals,  enshrined  in  Articles  20(2)(c)  and  23  of  the  Treaty  on  the 
Functioning of the European Union (TFEU) and in Article 46 of the EU Fundamental Rights 
Charter,  is  one  of  the  specific  rights  granted  by  EU  Citizenship.  It  is  an  expression  of  EU 
solidarity and of the identity of the Union in third countries, as well as of the practical benefits 
of being an EU citizen. 

Consular protection is an integral part of the Union's policy on citizens' rights. The European 
Council,  in  the  Stockholm  Programme,  invited  the  Commission  to  "consider  appropriate 
measures establishing coordination and cooperation necessary to facilitate consular protection 
in accordance with Article 23 TFEU"3. In its Resolution of 25 November 2009 the European 
Parliament advocated to strengthen the coordination and cooperation of consular protection4, 
thereby following up its Resolution of 11 December 2007 which suggested common concepts 

1 
2 
3 

4 

OJ L 314, 28.12.1995, p. 73. 
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. 
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 OJ C 285E, 21.10.2010, p. 12. 

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and binding guidelines and called for amending Decision 95/553/EC5 once the Lisbon Treaty 
is in place.  

In  the  "EU  Citizenship  Report  2010  -  Dismantling  the  obstacles  to  EU  citizens’  rights"  the 
Commission announced it would increase the effectiveness of the right of EU citizens to be 
assisted  in  third  countries,  including  in  times  of  crisis,  by  the  diplomatic  and  consular 
authorities  of  all  Member  States,  by  proposing  legislative  measures  in  2011  and  by  better 
informing  citizens  via  a  dedicated  website  and  targeted  communication  measures6.  The 
Commission reiterated this commitment in its Communication of 23 March 2011 on consular 
protection  for  unrepresented  EU  citizens  and  announced  that  it  would  submit  legislation 
establishing  the  coordination  and  cooperation  measures  necessary  to  facilitate  consular 
protection  for  unrepresented  citizens  and  addressing  the  issue  of  financial  compensation  of 
consular protection in crisis situations7.  

Under the previous legal regime Member States were to establish the necessary rules among 
themselves.  The  Lisbon  Treaty  confers  on  the  Commission  the  right  to  propose  directives 
establishing  the  cooperation  and  coordination  measures  necessary  to  facilitate  the  right  to 
equal consular protection for unrepresented EU citizens as for own nationals8. The current EU 
instrument,  Decision  95/553/EC9,  foresees  a  review  following  five  years  after  its  entry  into 
force in 2002. 

Currently,  there  is  scope  for  further  improvement  regarding  consular  protection  for 
unrepresented EU citizens. There is no clear consensus on the content of Article 23 TFEU and 
about  the  responsibilities  which  this  right  entails.  To  be  effective  as  a  right  with  concrete 
meaning,  the  succint  wording  of  the  Treaty  article  does  not  suffice.  National  consular  laws 
and  practices  diverge  as  do  views  about  the  underlying  concepts  of  consular  protection  for 
unrepresented EU citizens. 

In particular in four areas further clarifications appear necessary: 

(1) 

Personal scope 

The  scope  of  beneficiaires  needs to  be  clarified.  An  EU  citizen  is  not  only  unrepresented  if 
his/her home Member State has no embassy or consulate at all in a given third country, but 
also  if  this  embassy  or  consulate  is  not  "accessible"10.  There  is  however  no  common 
understanding  about  when  an  embassy  or  consulate  is  accessible11.  Further,  it  should  be 
clarified to which extent also third country family members of unrepresented EU citizens are 
beneficiaries of consular protection.  

(2) 

Access to consular protection and cooperation/coordination 

5 

6 
7 
8 
9 
10 
11 

European  Parliament  Resolution  of  11  December  2007  on  the  Green  Paper:  Diplomatic  and  consular 
protection of Union citizens in third countries. OJ C 323E, 18.12.2008, p. 120. 
COM(2010) 603 final. 
COM(2011) 149 final. 
Article 23(2) TFEU. 
OJ L 314, 28.12.1995, p. 73. 
Article 1 of Decision 95/553/EC. 
Representatives of Member States consulted expressed different views (e.g. travel distance of less than 
400 km or on an island). 

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It should be clarified which Member State has to assist an unrepresented EU citizen and how 
assistance  is  to  be  coordinated  with  the  citizen's  Member  State  of  nationality.  This  lack  of 
clarity causes delays and does not safeguard efficient protection under the same conditions as 
for  nationals.  According  to  the  Treaty  an  unrepresented  EU  citizen  can  choose  which 
embassy/consulate  he/she  prefers  to  turn  to,  whereas  in  practice  arrangements  on  burden-
sharing  exist.  These  arrangements  may  be  acceptable  as  long  as  an  efficient  treatment  of 
unrepresented  citizens  is  secured.  They  tend  however  not  to  be  widely  publicised,  which 
makes it difficult for a citizen to know which embassy or consulate would assist. 

Coordination  and  cooperation  between  the  assisting  embassy  or  consulate  and  the  Member 
State  of  origin  are  to  be  further  established.  Assisting  an  unrepresented  EU  citizen,  unlike 
assistance to own nationals, requires efficient cooperation with the consular authorities of the 
citizen's  home  Member  State.  Clearer  rules  for  cooperation  and  coordination  between  the 
assisting  Member  State  and  the  citizen's  Member  State  of  nationality  would  benefit  both 
consular authorities and citizens. This comprises which types of assistance consular protection 
for unrepresented EU citizens typically entails (e.g. in case of death, victim of crime, etc.) and 
how the assistance is to be coordinated between the assisting Member State and the citizen's 
Member State of nationality.  

(3) 

Local coordination 

To ensure coordination and cooperation in regard to unrepresented EU citizens, the consular 
authorities  present  in  a  given  third  country  need  to  liaise  with  each  other  and  have  specific 
information  available12.  Relevant  information  for  unrepresented  EU  citizens  is  currently  not 
systematically collected. Further, according to the Treaty on European Union, the diplomatic 
and consular missions of the Member States and the Union delegations in third countries and 
international  conferences,  and  their  representations  to  international  organisations  shall 
contribute to the implementation of this right13. Respective spheres of competence and scope 
for action are not yet spelled out. The current setting is thus not conducive to a fully coherent 
external action of the Union and induces a suboptimal use of human and financial resources. 

(4) 

Assistance in crisis situations/financial reimbursement 

The  legal  cooperation  framework  should  clearly  establish  who  assists  unrepresented  EU 
citizens  in  crisis  situations,  including  as  to  the  role  of  the  so-called  Lead  State,  which  is 
expected to take action in times of crisis14. Contingency planning does not specifically cater 
for unrepresented EU citizens and in crisis situations it is difficult to establish the number of 
unrepresented  EU  citizens.  Particularly  in  serious  crises  the  local  staff  needs  support  from 
crisis intervention experts.  

To date legislation and guidelines comprise generic procedures on financial reimbursement of 
assistance15, which are generally not applied in crisis situations, as they do not seem adapted 

12 

13 
14 

15 

instance  contact  details  of  unrepresented  Member  States'  authorities  as  well  as  of 

For 
translators/lawyers/doctors speaking the language of unrepresented citizens. 
Article 35 of the Treaty on European Union.  
Lead States are currently established in 29 third countries out of 146 where at least one Member State is 
represented. 
Article 6 of the Decision 95/553/EC, Guidelines on consular protection of EU citizens in third countries 
(Council document 10109/06 of 16 June 2006 revised by Council document 15613/10 of 5 November 
2010  –  not  published)  and  European  Council  guidelines  on  the  implementation  of  the  consular  Lead 
State concept (OJ C317, 12.12.2008, p. 6).  

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to the related specific needs16. If financial burden-sharing is not clear and is not taking place 
in practice, there is less incentive to take a proactive approach which entails responsibilities 
not related to own nationals. 

A  detailed  analysis  of  the  problems  of  the  current  system  as  well  as  the  impacts  of  the 
different  options  considered  for  adressing  them  can  be  found  in  the  Impact  Assessment 
accompanying this proposal. 

2. 

CONSULTATION OF INTERESTED PARTIES 

Interested  parties  were  consulted  widely.  In  a  comprehensive  public  consultation  on  EU 
citizens' rights in 2010, contributions from all citizens and relevant stakeholders were sought 
and  particular  attention  was  given  to  consular  protection  for  EU  citizens.  This  public 
consultation  followed  a  previous  one  related  to  the  Green  Paper  of  2007  on  diplomatic  and 
consular  protection  of  EU  citizens  in  third  countries17.  The  ideas  put  forward  informed  the 
policy debate of a conference dedicated to EU citizens' rights of 1-2 July 2010, during which 
consular  protection  was  discussed  in  depth.  Stakeholders  involved  in  consular  protection 
(such as Member States, travel associations, non-governmental organisations and academics) 
were further consulted, including via two dedicated workshops of 24 September 2010 and 23 
June 2011. Consular and diplomatic authorities of all the Member States were informed in the 
Council Working Group Consular Affairs (COCON) and consulted via an online survey. Six 
representative  Member  States  were  recently  visited  and  field  missions  to  four  selected  third 
countries18  were  undertaken  by  an  external  consultancy  to  directly  consult  consular 
practitioners working on the ground. For this proposal the Commission took into account the 
results of four studies on different aspects of the revision19.  

Stakeholders generally support the envisaged reform. Given the new legal regime established 
by  the  Lisbon  Treaty  a  revision  of  Decision  95/553/EC  is  necessary,  which  in  their  view 
should  be  used  to  further  improve  coordination  and  cooperation  and  clarify  the  underlying 
legal  concepts.  Stakeholders'  views  on  the  main  elements  of  the  reform  are  as  follows. 
Regarding the question when an embassy or consulate would be "accessible" Member States 
consulted appeared not to have a common understanding of what it would mean20. However, 
following consultations with stakeholders21 to reach the embassy or consulate, obtain consular 
protection  and  travel  back  at  least  within  the  same  day  would  accordingly  appear  to  be  an 

16 
17 
18 
19 

20 

21 

Notably high time pressure and considerable numbers of citizens to be assisted. 
OJ C 30 of 10.2.2007, p. 8.  
Kazakhstan, Sri Lanka, Cuba and Egypt. 
A  study  (2009)  on  Member  States'  legislations  and  practices,  carried  out  by  the  Instituto  Europeo  de 
Derecho, examined laws and practices of Member States in the field of consular protection. The CARE 
(Citizens  Consular  Assistance  Regulation  in  Europe)  project  activities  (2009-2011),  realised  with  the 
financial support of the Fundamental Rights & Citizenship Programme of the European Commission, 
analysed the legal framework of Member States on consular and diplomatic protection.  An 
external 
study (2010) by the consultancy GHK supported the Commission in its analysis of policy options and 
the  related  costs,  focusing  on  crisis  situations  and  financial  reimbursement.  A  second  external  study 
(2011) undertaken by the consultancy Matrix Insight provided further evidence, including via missions 
to third countries, evaluated Decision 95/553/EC and examined scope for further improvement. 
Most of the Member States consulted indicated that a one way travel time up to 6 hours to reach the 
consulate would appear reasonable (63% according to the online survey, 37% of Member States pointed 
to  other  travel  time,  but  Member  States  frequently  pointed  out  that  urgent  cases  may  require  swifter 
treatment). 
See Impact Assessment p. 26. 

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appropriate time limit. Civil society representatives argued for clear and binding legal terms. 
The  inclusion  of  third-country  family  members  was  flagged  by  civil  representatives  as  an 
important issue22, a majority of Member States believed that they should at least possibly be 
included  (though  at  times  arguing  that  conditions  for  inclusion  should  be  clarified)23. 
Regarding  access  to  consular  protection  and  coordination/cooperation  Member  States  and 
civil  society  generally  perceive  a  case  for  greater  transparency  as  to  bilateral  and  local 
arrangements  on  burden-sharing.  Civil  society  representatives  stress  that  it  must  be  ensured 
that unrepresented citizens are able to obtain consular protection under the same conditions as 
nationals.  Ensuring  good  communication  channels  and  clear  legal  provisions  are  by  a  wide 
majority24  considered  as  important  or  very  important  factors  for  an  even  more  efficient 
assistance.  As  regards  crisis  situations  and  their  financial  implications  Member  State 
representatives strongly support the Lead State concept which should be further enhanced and 
stress  the  benefits  of  comprehensive  crisis  preparedness25.  Civil  society  representatives 
underlined  that  also  in  crises  it  needs  to  be  safeguarded  that  unrepresented  EU  citizens  are 
being assisted efficiently like nationals. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1 

Summary of the proposed actions 

The main objective of this proposal is to 

–  clarify content and operability of right of unrepresented EU citizens to consular 

protection under equal conditions 

–  simplify cooperation and coordination between consular authorities. 

To this effect, the proposal addresses the following issues: 

(1) 

Personal scope 

The  proposal  clarifies  that  an  EU  citizen  is  to  be  considered  as  unrepresented  in  particular 
when an embassy or consulate of his/her own Member State is not "accessible". An embassy 
or consulate is not "accessible", if the EU citizen cannot reach it and return to his/her place of 
departure (via means of transport commonly used in the third country) at least the same day. 
An  exception  is  provided  for  in  case  the  urgency  of  the  matter  necessitates  even  swifter 
assistance.  The  proposal  further  specifies  that  also  third  country  family  members  of  EU 
citizens  are  included  in  consular  protection  for  EU  citizens.  Article  23  TFEU  provides  for 
non-discriminatory  treatment,  and  in  line  with  Articles  7  and  24  of  the  Charter  of 
Fundamental Rights of the European Union and the case-law of the European Court of Justice 
the  principal  benefits  of  EU  citizens'  rights  are  also  extended  to  their  family  members  to 

22 
23 

24 

25 

As expressed inter alia at the dedicated workshop of 23 June 2011. 
According to the online survey and as resulting from consultations and interviews with Member State 
experts. 
According to the online survey among Member States 68,8% of respondents considered clarity of legal 
proposals as a very important (50%) or an important (18%) factor for an even more efficient consular 
assistance;  as  regards  overcoming  practical  challenges  (e.g.  ensuring  clear  communication  channels) 
responses were similar (43% very important, 37% important). 
As expressed in the dedicated workshop of 23 June 2011 and in bilateral consulations. 

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ensure  the  full  effectiveness  of  those  rights26.  Accordingly,  the  proposal  provides  that 
protection must be given to third country family members of EU citizens to the same extent as 
Member States provide it to the third country family members of their own nationals27.  

(2) 

Access to consular protection and cooperation/coordination 

The  proposal  stresses  that  EU  citizens  can  turn  to  "any"  other  Member  State's  embassy  or 
consulate;  though  specific  arrangements  by  Member  States  are  possible  as  long  as 
transparency (through notification and subsequent publication on the Commission's website) 
and effective treatment of applications are ensured. 

The prosposal further specifies which assistance Member States typically provide in the most 
frequent  events  (i.e.  arrest  or  detention,  victim  of  crime,  serious  accident  or  serious  illness, 
death, relief and repatriation in case of distress, need of emergency travel documents), on the 
basis  of  common  practices  of  Member  States  on  consular  protection28,  and  the  applicable 
procedures for cooperation and coordination between the consular authorities in these events. 
To  comply  with  the  citizens' right  of  self-determination,  the proposal provides for enquiries 
regarding  the  wishes  of  citizens  which  should  be  respected,  including  as  to  whether  family 
members or other related persons should be informed (e.g. about the arrest). Similarly, in the 
event  of  death,  the  wishes  of  the  next-of-kin  must  be  duly  taken  into  account  as  to  how  to 
proceed with the corpse of the deceased citizen. 

(3) 

Local coordination/EU added value 

The proposal specifies that local cooperation meetings on consular protection should include 
regular  exchange  of  information  on  unrepresented  EU  citizens  and  that  the  Chair  of  these 
meetings  should  collect  the  contact  details  of  relevance  for  assistance  to  unrepresented  EU 
citizens (e.g. regionally responsible embassy or consulate of unrepresented Member States). It 
provides that Union delegations can under specific conditions chair - or otherwise support - 
these meetings.  

(4) 

Assistance in crisis situations/financial reimbursement 

Regarding crises situations the proposal entails the following improvements. It provides that 
local contingency plans must systematically include unrepresented EU citizens. The proposal 
underlines the importance of the Lead State(s) for protecting unrepresented EU citizens and 
defines its role in this respect, i.e. that the Lead State is in charge of coordinating and leading 
assistance  of  unrepresented  EU  citizens.  The  proposal  specifies  that  a  Lead  State  can  seek 
additional  support  from  the  EU  Civil  Protection  Mechanism  and  the  crisis  management 
structures  of  the  EEAS.  The  proposal  also  provides  for  additional  support  and  full  use  of 
synergies  by  providing  for  the  inclusion  of  national  consular  experts,  notably  from 
unrepresented  Member  States,  in  existing  intervention  teams  at  Union  level.  Regarding 
financial burden-sharing a facilitated reimbursement procedure, adjusted to crisis situations, is 

26 
27 

28 

Cf. for instance case C-60/00 Carpenter. 
It should be born in mind that not all consular services offered to nationals/EU citizens can be applied 
to their third country family members. Notably, emergency travel documents cannot be issued (neither 
to third country family members of nationals nor to those of EU citizens); detained third country family 
members can be visited unless the consular authorities of the third country object.  
As  identified  in  the  study  of  the  Instituto  Europeo  de  Derecho  and  as  described  in  the  Council 
framework under the Spanish Presidency. See Annex V of the Impact Assessment. 

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introduced.  This  entails  simplifying  the  procedural  exchange  involving  consular  authorities 
and  citizens,  adding  standard  formats  for  requests  and  introducing  an  easier  system  for 
tracking the reimbursement costs (on a pro-rata basis29, fixed rates30 - in case costs cannot be 
calculated). This improved reimbursement procedure complements the support available from 
the EU Civil Protection Mechanism and the EEAS crisis management structures. 

3.2 

Legal basis 

Pursuant to the Lisbon Treaty, the EU competence to adopt legislation on consular protection 
for  unrepresented  EU  citizens  is  conferred  by  Article  23(2)  TFEU.  Under  this  Treaty 
provision  the  Council  may  adopt  directives  establishing  the  coordination  and  cooperation 
measures  necessary  to  facilitate  protection  for  unrepresented  EU  citizens.  This  provision 
applies to all Member States. 

3.3 

Subsidiarity and Proportionality 

Consular  protection  for  unrepresented  EU  citizens  by  definition  entails  a  cross-border 
dimension, extending the rights granted by EU Citizenship beyond EU borders. This initiative 
is on a specific right granted to the EU citizen, a right to consular protection by the consular 
and  diplomatic  authorities  of  another  Member  State  under  the  same  conditions  as  for  its 
nationals which is inherently linked to the concept of EU citizenship and the competences of 
the  Union  under  the  Treaty  on  the  Functioning  of  the  European  Union.  It  therefore  appears 
appropriate to include the necessary coordination and cooperation measures to facilitate this 
right  in  the  legal  order  of  the  Union,  rather  than  in  sui-generis  decisions  of  the 
Representatives of Governments of Member States. Practicability and coherence of this right 
will be further enhanced by embedding it in the legal orders of Member States, by the right of 
national courts to request guidance on interpretation from the European Court of Justice and 
by the Commission's powers to ensure compliance. 

The  proposal  takes  due  account  of  the  principle  of  proportionality  by  restricting  itself  to 
specifying  cooperation  and  coordination  measures  for  frequent  events  (e.g.  death,  victim  of 
crime) and crisis situations. It further fully builds on and integrates previous legal measures as 
well as recent developments, e.g. the Lead State, with a clear focus on the unrepresented EU 
citizen.  The  attached  Impact  Assessment  demonstrates  that  the  benefits  of  each  of  the 
proposed  amendments  outweigh 
therefore 
proportionate. 

the  proposed  measures  are 

their  costs; 

3.4 

Impact on fundamental rights 

As set out in detail in the Impact Assessment accompanying this proposal and in accordance 
with  the  Union's  Strategy  for  the  effective  implementation  of  the  EU  Fundamental  Rights 
Charter31,  the  proposal  reinforces  the  rights  set  out  in  the  Charter.  This  reform  enhances  in 
particular  the  fundamental  right  to  consular  protection  under  the  same  conditions  as  for 
nationals laid down in its Article 46, by clarifying the content of this right, by facilitating the 
necessary cooperation and coordination procedures and by ensuring effective implementation 
and compliance. Including third country family members strengthens the right to family life 
as  well  as  the  rights  of  the  child  (Articles  7  and  24  Fundamental  Rights  Charter).  Clearer 

29 

30 
31 

Pro-rata reimbursement refers to a proportional reimbursement based on the number of persons assisted 
(total costs divided by the number of assisted persons). 
I.e. standardised costs for evacuation, medical evacuation and shelter. 
Communication from the Commission, COM(2010) 573 final of 19.10.2010. 

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responsibilities  and  improved  burden-sharing  in  crisis  situations  would  ensure  non-
discrimination  also  in  times  of  crisis  when  fundamental  rights  are  at  stake.  Further  the 
principles of non-discrimination, life and integrity of the person and the right of the defence 
and  to  a  fair  trial  are  being  reinforced  (Articles  2,  3,  21,  47  and  48  Fundamental  Rights 
Charter). 

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2011/0432 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on consular protection for citizens of the Union abroad  

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 23 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Parliament, 

Acting in accordance with a special legislative procedure, 

Whereas: 

(1) 

(2) 

Citizenship  of  the  Union  is  the  fundamental  status  of  citizens  of  the  Union  when 
exercising their rights under the Treaties. The right of citizens, whose Member State is 
not represented by an embassy or consulate in a third country, to obtain protection by 
the diplomatic or consular authorities of any Member State under the same conditions 
as  the  nationals  of  that  State  is  one  of  the  specific  rights  that  the  Treaty  grants  to 
citizens of the Union.  

The  Treaty  of  Lisbon  reinforced  the  status  of  citizenship  of  the  Union  and 
strengthened the rights attached to it; on consular protection it provides for directives 
on cooperation and coordination. Pursuant to action 8 of the "EU Citizenship Report 
2010 - Dismantling the obstacles to EU citizens’ rights" the Commission committed to 
increase the effectiveness of the right of citizens of the Union to be assisted in third 
countries, including in times of crisis, by the diplomatic and consular authorities of all 
Member  States,  by  proposing  legislative  measures  in  2011  and  by  better  informing 
citizens via a dedicated website and targeted communication measures32.  

(3) 

In  its  Communication  of  23  March  2011  on  consular  protection  for  unrepresented 
citizens of the Union the Commission reiterated that commitment and announced that 
it  would  submit  legislation  establishing  the  coordination  and  cooperation  measures 

32 

COM(2010) 603 final. 

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(4) 

(5) 

(6) 

necessary  to  facilitate  consular  protection  for  unrepresented  citizens  and  addressing 
the issue of financial compensation of consular protection in crisis situations33. 

The values on which the Union is founded include solidarity, non-discrimination and 
respect for human rights; in its relations with the wider world the Union should uphold 
its  values  and  contribute  to  the  protection  of  its  citizens.  The  fundamental  right  to 
consular protection of unrepresented citizens of the Union under the same conditions 
as  nationals,  enshrined  in  Article  46  of  the  Charter  of  Fundamental  Rights  of  the 
European  Union,  is  an  expression  of  European  solidarity.  It  provides  an  external 
dimension to the concept of citizenship of the Union and strengthens the identity of the 
Union in third countries. 

Decision 95/553/EC of the Representatives of the Governments of the Member States 
meeting within the Council of 19 December 1995 regulates protection for citizens of 
the  European  Union  by  embassies  and  consulates34  and  foresees  a  review  following 
five years after its entry into force in 2002.  

The  aim  of  this  Directive,  which  repeals  Decision  95/553/EC,  is  to  lay  down  the 
cooperation  and  coordination  measures  necessary  to  further  facilitate  consular 
protection  for  unrepresented  citizens  of  the  Union.  Those  measures  should  enhance 
legal  security  as  well  as  efficient  cooperation  and  solidarity  among  consular 
authorities. 

(7)  Where  unrepresented  citizens  need  protection  in  third  countries  efficient  cooperation 
and  coordination  is  required.  The  assisting  Member  State  present  in  a  third  country 
and  the  Member  State  of  origin  of  the  citizen  may  need  to  cooperate  closely.  Local 
consular  cooperation  may  be  more  complex  for  unrepresented  citizens,  as  it  requires 
coordination with authorities not represented on the ground. To fill the gap caused by 
the  absence  of  an  embassy  or  consulate  of  the  citizen's  own  Member  State,  a  stable 
framework should be ensured. 

(8) 

(9) 

Citizens of the Union are unrepresented if their Member State of nationality does not 
have an accessible embassy or consulate in a third country. The notion of accessibility 
should be interpreted with a view to safeguarding the protection of citizens.  

In  accordance  with  the  right  to  respect  for  private  and  family  life  as  recognised  in 
Article  7 of  the  Charter of Fundamental Rights of  the European  Union, the assisting 
Member State should provide protection to third country family members of citizens 
of the Union under the same conditions as to third country family members of its own 
nationals.  Any  definition  as  to  which  persons  are  family  members  should  draw 
inspiration  from  Articles  2  and  3  of  the  Directive  2004/38/EC  of  the  European 
Parliament and of the Council of 29 April 2004 on the right of citizens of the Union 
and their family members to move and reside freely within the territory of the Member 
States35.  Member  States  may  not  be  in  a  position  to  deliver  all  types  of  consular 
protection to third country family members, notably emergency travel documents are 
not being issued. In accordance with Article 24 of the Charter, the best interests of the 

33 
34 
35 

COM(2011) 149 final. 
OJ L 314, 28.12.1995, p. 73. 
OJ L 158, 30.4.2004, p. 77. 

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11 

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child, as provided for in the United Nations Convention on the Rights of the Child of 
20 November 1989, should be a primary consideration.  

(10)  Unrepresented citizens should be able to freely choose the embassy or consulate from 
which  they  seek  consular  protection.  Member  States  should  be  able  to  enter 
arrangements  on  burden-sharing.  However  such  arrangements  should  be  transparent 
for  the  citizen  and  should  not  jeopardize  effective  consular  protection.  Any  such 
arrangement  should  be  notified  to  the  Commission  and  published  on  its  dedicated 
website. 

(11)  The traditions regarding the competences of honorary consuls diverge among Member 
States. Honorary consuls are generally in a position to perform very limited consular 
tasks. Honorary consuls should only be regarded as equivalent to accessible embassies 
and consulates present in a third country on a permanent basis within the scope of their 
competences pursuant to national law and practices. 

(12)  Protection  should  be  provided  if  applicants  establish  that  they  are  citizens  of  the 
Union.  Unrepresented  citizens  in  need  of  consular  protection  may  no  longer  be  in 
possession  of  their  identity  documents.  The  fundamental  status  of  citizenship  of  the 
Union  is  conferred  directly  by  Union  law  and  identity  documents  are  of  merely 
declaratory value. If applicants are unable to provide identity documents, they should 
therefore  be  able  to  prove  their  identity  by  any  other  means,  if  necessary  following 
verification with the authorities of the Member State of which the applicant claims to 
be a national. 

(13)  Member States' authorities should closely cooperate and coordinate among each other 
and  with  the  Union,  the  European  External  Action  Service  and  the  European 
Commission, in a spirit of mutual respect and solidarity. To ensure swift and efficient 
cooperation  relevant  contact  persons  in  the  Member  States  should  be  notified  and 
continuously  updated  through  the  secure  website  of  the  European  External  Action 
Service (Consular On-Line). 

(14) 

In  order  to  clarify  which  coordination  and  cooperation  measures  are  necessary  the 
ambit  of  cooperation  and  coordination  should  be  specified.  Consular  protection  for 
unrepresented citizens includes assistance in a number of typical situations, such as in 
case of arrest or detention, serious accident or serious illness and death, as well as with 
regard  to  providing  relief  and  repatriation  in  case  of  distress  and  the  issuance  of 
emergency  documents.  Since  the  necessary protection always depends on the factual 
situation,  consular  protection  should  not  be  limited  to  those  situations  specifically 
mentioned in this Directive. 

(15)  A  prerequisite  for  effective  coordination  and  cooperation  between  Member  States' 
consular authorities is to establish the different types of assistance which are delivered 
in  specific  situations.  Those  types  of  assistance  should  reflect  the  common  practises 
among  Member  States,  without  prejudice  to  Article  23  of  the  Treaty  on  the 
Functioning of the European Union which imposes an obligation on Member States to 
provide protection under the same conditions as to their nationals. 

(16)  To comply with the citizens' right of self-determination, where applicable, the citizens' 
wishes  should  be  duly  respected,  including  as  to  whether  family  members  or  other 
related persons should be informed. Similarly, in the event of death, the wishes of the 

EN 

12 

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next-of-kin should be duly taken into account as to how to proceed with the corpse of 
the deceased citizen. 

(17)  Mutual solidarity and cooperation also encompasses financial matters. Member States 
provide financial assistance as a last resort only in cases where citizens cannot obtain 
financial  means  in  other  ways,  such  as  through  transfers  by  family  members  or 
relatives.  Citizens  of  the  Union  should  be  assisted  efficiently  regardless  of  their 
nationality. Financial burden-sharing and adequate reimbursements should be ensured. 
Where  financial  assistance  is  granted  the  recipient  may  be  required  to  repay  the 
amount received. 

(18)  Accordingly,  mutual  solidarity  between  consular  authorities  should  be  enhanced  and 
financial procedures simplified. Given the specificities of crisis situations, such as the 
need for a quick response regarding a considerable number of citizens, no undertaking 
to  repay  should  be  necessary  for  the  assisting  Member  State  in  order  to  seek 
reimbursement. 

(19)  Upon request of the assisting Member State costs should be reimbursed by the assisted 
Member States on a pro-rata basis in major crises, which have or may have an adverse 
impact on an important number of citizens of the Union, by dividing the overall costs 
by  the  number  of  citizens  assisted.  In  cases  where  costs  cannot  be  calculated,  the 
assisting  Member  State  may  request  to  be  reimbursed  on  the  basis  of  fixed  sums  as 
specified in Annex 2 of this Directive.  

(20)  Regarding  coordination  on  the  ground  and  in  crisis  situations,  competences  and 
respective  roles  should  be  clarified  in  order  to  ensure  that  unrepresented  citizens  are 
fully  taken  care  of.  Local  consular  cooperation  should  pay  due  attention  to 
unrepresented citizens, for example by collecting relevant contact details of the nearest 
regional embassies and consulates of Member States. 

(21) 

(22) 

(23) 

In the event of crisis adequate preparation and a clear division of responsibilities are 
essential.  Crisis  contingency  planning  should  therefore  fully  include  unrepresented 
citizens  and  national  contingency  plans  should  be  coordinated.  The  concept  of  the 
Lead State should be further developed in that context36. 

Interoperability  between  consular  and  other  crisis  experts  should  be  enhanced,  in 
particular through their participation in existing multi-disciplinary crisis teams, such as 
those under the EU Civil Protection Mechanism. 

In third countries the Union is  represented by the Union delegations, which together 
with  the  diplomatic  and  consular  missions  of  the  Member  States  contribute  to  the 
implementation of the right of citizens of the Union regarding consular protection as 
specified  further  in  Article  35  of  the  Treaty  on  European  Union.  In  line  with  the 
Vienna  Convention  on  consular  relations  Member  States  may  provide  consular 
protection  on  behalf  of  another  Member  State  unless  the  third  country  concerned 
objects.  Member  States  should  undertake  the  necessary  measures  in  relation  to  third 
countries to ensure that consular protection on behalf of other Member States can be 
provided. 

36 

OJ C 317/6, 12.12.2008 (Council document 2008/C 317/06). 

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13 

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(24)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 
on the protection of individuals with regard to the processing of personal data and on 
the free movement of such data37 governs the processing of personal data carried out 
in the context of this Directive by Member States. 

(25)  This Directive should not affect more favourable national provisions in so far as they 

are compatible with this Directive. 

(26)  This  Directive  aims  to  promote  consular  protection  as  recognised  in  the  Charter  of 
Fundamental  Rights  of  the  European  Union.  It  respects  the  fundamental  rights  and 
observes the principles recognised in particular by the Charter, notably the principle of 
non-discrimination, life and integrity of the person, private and family life, the rights 
of  the  child  and  of  the  defence  and  the  right to  a  fair  trial.  This  Directive  should  be 
implemented in accordance with those rights and principles. 

(27) 

implement 

 In accordance with the prohibition of discrimination contained in the Charter, Member 
the 
States  should 
beneficiaries of this Directive on any ground such as sex, race, colour, ethnic or social 
origin,  genetic  features,  language,  religion  or  beliefs,  political  or  any  other  opinion, 
membership  of  a  national  minority,  property,  birth,  disability,  age  or  sexual 
orientation. 

this  Directive  without  discrimination  between 

HAS ADOPTED THIS DIRECTIVE: 

CHAPTER 1 

General provisions 

Article 1 

Subject matter 

This  Directive  lays  down  the  cooperation  and  coordination  measures  necessary  to 
facilitate the exercise of the right of citizens of the Union, in the territory of a third 
country in which the Member State of which they are nationals is not represented, to 
protection by the diplomatic or consular authorities of another Member State on the 
same conditions as the nationals of that Member State. 

Article 2 

Beneficiaries 

1. 

Every  citizen  holding  the  nationality  of  a  Member  State  of  the  Union  which  is  not 
represented  by  a  diplomatic  or  consular  authority  in  a  third  country,  hereafter 

37 

OJ L 281, 23.11.1995, p. 31.  

EN 

14 

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2. 

3. 

1. 

2. 

3. 

1. 

2. 

"unrepresented citizen", shall be entitled to protection by the diplomatic or consular 
authorities of another Member State under the same conditions as its nationals. 

Citizens  holding  the  nationality  of  more  than  one  Member  State  of  the  Union  are 
unrepresented  if  none  of  their  Member  States  of  nationality  is  represented  by  a 
diplomatic or consular authority in a third country. 

Family  members  of  unrepresented  citizens  who  themselves  are  not  citizens  of  the 
Union  are  entitled  to  consular  protection  under  the  same  conditions  as  the  family 
members  of  nationals  of  the  assisting  Member  State  who  themselves  are  not 
nationals. 

Article 3 

Absence of representation 

A Member State is not represented in a third country if it has no accessible embassy 
or consulate established on a permanent basis in that country. 

An  embassy  or  consulate  established  on  a  permanent  basis  is  accessible  if  it  can 
effectively  provide  protection  and  can  be  reached  safely  within  convenient  travel 
distance and reasonable time.  

Citizens of the Union at least need to be able to reach the embassy or consulate and 
return  to  their  place  of  departure  the  same  day,  via  means  of  transport  commonly 
used in the third country, unless the urgency of the matter requires swifter assistance. 
The  embassy  or  consulate  is  not  accessible  if  it  is  temporarily  not  in  a  position  to 
effectively provide protection, in particular if it is temporarily closed in case of crisis. 

Honorary  consuls  shall  be  regarded  as  equivalent  to  accessible  embassies  or 
consulates  within  the  scope  of  their  competences  pursuant  to  national  law  and 
practices. 

Article 4 

Access to consular protection 

Unrepresented  citizens  may  choose  the  Member  State  embassy  or  consulate  from 
which they seek consular protection. 

A  Member  State  may  represent  another  Member  State  on  a  permanent  basis  and 
Member  States'  embassies  or  consulates  in  a  third  country  may  conclude 
arrangements on burden-sharing, provided that effective treatment of applications is 
ensured.  Member  States  shall  inform  the  European  Commission  of  any  such 
arrangement in view of publication on its dedicated internet site. 

EN 

15 

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Article 5 

Identification 

1. 

2. 

3. 

1. 

2. 

An  embassy  or  consulate  shall  respond  to  a  request  for  protection  if  the  applicant 
establishes, by producing a passport or identity card, that he or she is a citizen of the 
Union. 

If  the  citizen  of  the  Union  is  unable  to  produce  a  valid  passport  or  identity  card, 
nationality  may  be  proven  by  any  other  means,  if  necessary  following  verification 
with  the  diplomatic  and  consular  authorities  of  the  Member  State  of  which  the 
applicant claims to be a national. 

For  family  members  of  citizens  of  the  Union,  as  referred  to  in  Article  2(3)  of  this 
Directive, this article applies mutatis mutandis as to the proof of the existence of the 
family relationship. 

Article 6 

Types of assistance 

Member  States'  embassies  or  consulates  shall  provide  consular  protection  to 
unrepresented citizens as if they were nationals of their own Member State. 

The  consular  protection  referred  to  in  paragraph  1  shall  include  assistance  in  the 
following situations 

(a) 

arrest or detention; 

(b)  being victim of crime; 

(c) 

serious accident or serious illness; 

(d)  death; 

(e) 

relief and repatriation in case of distress; 

(f) 

need of emergency travel documents38. 

38 

As  provided  for  in  Decision  96/409/CFSP  of  the  representatives  of  the  governments  of  the  Member 
States, meeting within the Council on the establishment of an emergency travel document. OJ L 168, 
16.7.1996, p. 4. 

EN 

16 

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CHAPTER 2 

Coordination and cooperation measures 

Article 7 

General principle 

Member  States'  diplomatic  and  consular  authorities  shall  closely  cooperate  and 
coordinate  among  each  other  and  with  the  Union  to  ensure  protection  of 
unrepresented citizens under the same conditions as for nationals. When a consulate 
or  embassy  assists  an  unrepresented  citizen,  the  regionally  responsible  nearest 
consulate or embassy or the Ministry of Foreign Affairs of the citizen's Member State 
of  nationality  shall  be  contacted.  Member  States  shall  notify  the  relevant  contact 
persons in the Ministries of Foreign Affairs to the European External Action Service 
which shall continuously update them in its secure internet site. 

Article 8 

Arrest or detention 

1. 

Where an unrepresented citizen is arrested or detained Member States' embassies or 
consulates, subject to Article 6(1), shall in particular: 

(a) 

assist in informing the citizen's family members or other related persons at the 
citizen's request; 

(b)  visit the citizen and monitor minimum standards of treatment in prison; 

(c)  provide the citizen with information on the rights of the detained. 

Where  a  Member  State's  embassy  or  consulate  is  informed  about  the  arrest  or 
detention  of  an  unrepresented  citizen,  it  shall  in  turn  inform  the  citizen's  Member 
State  of  nationality  and  provide  it  with  all  the  relevant  information  at  its  disposal. 
The latter shall liaise with the citizen's family members or other related persons if the 
citizen so wishes. 

The  embassy  or  consulate  shall  report  to  the  citizen's  Member  State  of  nationality 
following any of its visits of the citizen and upon monitoring of minimum standards 
of  treatment  in  prison.  It  shall  immediately  inform  the  citizen's  Member  State  of 
nationality about any complaints of ill-treatment. 

The  embassy  or  consulate  shall  inform  the  citizen's  Member  State  of  nationality 
about information provided by it to the citizen about his or her rights. It shall act as 
an intermediary, including as to assistance with drafting petitions for pardons or early 
releases and where the citizen wishes to apply for a transfer. If necessary it shall act 
as  an  intermediary  for  any  legal  fees  deposited  via  the  diplomatic  or  consular 
authorities of the citizen's Member State of nationality. 

2. 

3. 

4. 

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17 

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Article 9 

Victim of crime 

1. 

Where an unrepresented citizen is the victim of a crime Member States' embassies or 
consulates, subject to Article 6(1), shall in particular: 

2. 

1. 

2. 

(a) 

assist in informing the citizen's family members or other related persons, if the 
citizen so wishes; 

(b)  provide the citizen with information and/or assistance regarding relevant legal 

issues and health care. 

The  embassy  or  consulate  shall  inform  the  citizen's  Member  State  of  nationality 
about the incident, its seriousness and the assistance given and shall liaise with the 
citizen's family members or other related persons if the citizen, where possible, has 
given his or her consent. 

Article 10 

Serious accident or serious illness 

Where an unrepresented citizen suffers a serious accident or serious illness Member 
States' embassies or consulates, subject to Article 6(1), shall in particular: 

(a) 

assist in informing the citizen's family members or other related persons; 

(b) 

assist with medical care, non-financial advice and with repatriations. 

The  embassy  or  consulate  shall  inform  the  citizen's  Member  State  of  nationality 
about  the  incident,  its  seriousness  and  the  assistance  given  and  if  appropriate  liaise 
with the victim's family members or other related persons. It shall inform the citizen's 
Member State of nationality if there is a need for medical evacuation. Any medical 
evacuation  shall  be  subject  to  prior  consent  of  the  citizen's  Member  State  of 
nationality except in cases of extreme urgency. 

Article 11 

Death 

1. 

In  the  event  of  the  death  of  an  unrepresented  citizen  Member  States'  embassies  or 
consulates, subject to Article 6(1), shall in particular: 

(a) 

assist in informing the citizen's family members; 

(b)  obtain  death  certificates,  medical  certificates  and 

laissez-passers 

for 

repatriation of the corpse where necessary. 

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18 

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2. 

Where  a  Member  State's  embassy  or  consulate  is  informed  about  the  death  of  an 
unrepresented  citizen,  it  shall  in  turn  inform  the  citizen's  Member  State  of 
nationality.  The  latter  shall  liaise  with  the  deceased  citizen's  family  members. 
Following establishment of the wishes of the next-of-kin, in order for the body to be 
buried, cremated or repatriated, the embassy or consulate shall assist with obtaining 
death  certificates,  medical  certificates  and  laissez-passers  for  repatriation  where 
necessary. 

CHAPTER 3 

Financial procedures 

Article 12 

General rules 

Where an unrepresented citizen requests assistance in the form of financial advance 
or repatriation, subject to Article 6 (1), the following procedure shall apply: 

(a) 

(b) 

(c) 

the unrepresented citizen shall undertake to repay to his or her Member State of 
nationality  the  full  value  of  any  financial  advance  or  cost  incurred,  plus  a 
consular fee if applicable, using the standard form set out in Annex 1; 

if required by the assisting embassy or consulate, the citizen's Member State of 
nationality  shall  without  delay  provide  the  necessary  information  concerning 
the request, specifying whether any consular fee may be applicable; 

the  assisting  embassy  or  consulate  shall inform  the  citizen's  Member  State  of 
nationality  about  any  request  for  financial  advance  or  repatriation  which  it 
processed; 

(d)  on written request from the assisting embassy or consulate in the format set out 
in  Annex  I,  the  citizen's  Member  State  of  nationality  shall  reimburse  the  full 
value of any financial advance or cost incurred. 

Article 13 

Facilitated procedure in crisis situations 

1. 

In crisis situations the assisting embassy or consulate shall coordinate any evacuation 
or  other  necessary  support  provided  for  an  unrepresented  citizen  with  the  citizen's 
Member State of nationality. 

The assisting Member State shall submit any requests for reimbursement of the costs 
of  such  evacuation  or  support  to  the  Ministry  of  Foreign  Affairs  of  the  citizen's 
Member  State  of  nationality.  The  assisting  Member  State  may  seek  reimbursement 

EN 

19 

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even if the unrepresented citizen has not signed an undertaking to repay pursuant to 
Article 12 (a). 

This  paragraph  shall  not  prevent  the  citizen's  Member  State  of  nationality  from 
pursuing repayment on the basis of national rules. 

In major crises, the costs of evacuation or support shall be reimbursed by the citizen's 
Member State of nationality on a pro-rata basis, by dividing the overall costs by the 
number of citizens assisted, if the assisting Member State so requests. 

Where  costs  cannot  be  calculated,  the  assisting  Member  State  may  request 
reimbursement  on  the  basis  of  fixed  sums  corresponding  to  the  type  of  support 
provided, as set out in Annex 2. 

Where the assisting Member State was financially supported in respect of assistance 
by the EU Civil Protection Mechanism, any contribution from the citizen's Member 
State of nationality shall be determined after deduction of the Union's contribution. 

For  requests  for  reimbursement  the  common  formats  set  out  in  Annex  2  shall  be 
used. 

2. 

3. 

4. 

5. 

CHAPTER 4 

Local and crisis cooperation and coordination 

Article 14 

Local cooperation 

Local  cooperation  meetings  shall  include  a  regular  exchange  of  information  on 
unrepresented  citizens,  on  matters  such  as  safety  of  citizens,  prison  conditions  or 
consular  access.  Unless  otherwise  agreed  by  the  Ministries  of  Foreign  Affairs 
centrally,  the  Chair  shall  be  a  representative  of  a  Member  State  or  the  Union 
delegation  decided  locally.  The  Chair  shall  collect  and  regularly  update  contact 
details,  in  particular  regarding  the  contact  points  of  unrepresented  Member  States, 
and share them with the local embassies and consulates and the Union delegation. 

Article 15 

Crisis cooperation 

1. 

To  ensure  comprehensive  preparedness  local  contingency  planning  shall  include 
unrepresented citizens. Member States represented in a third country shall coordinate 
the contingency plans among themselves and with the Union delegation. They shall 
agree  on  respective  tasks  to  ensure  that  unrepresented  citizens  are  fully  assisted  in 
case of crisis, appoint representatives for assembly points and inform unrepresented 
citizens on crisis preparedness arrangements under the same conditions as nationals. 

EN 

20 

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2. 

1. 

2. 

3. 

4. 

In  the  event  of  a  crisis  Member  States  and  the  Union  shall  closely  cooperate  to 
ensure  efficient  assistance  of  unrepresented  citizens.  Member  States  and  the  Union 
shall  inform  each  other  about  available  evacuation  capacities  in  a  timely  manner. 
Upon  request  Member  States  may  be  supported  by  existing  intervention  teams  at 
Union level including consular experts, in particular from the unrepresented Member 
States. 

Article 16 

Lead State 

For  the  purpose  of  this  directive  the  Lead  State(s)  is  (are)  one  or  more  Member 
State(s)  in  a  given  third  country,  in  charge  of  coordinating  and  leading  assistance 
regarding the preparation for and in case of crisis, which includes a specific role for 
unrepresented citizens. 

A Member State is designated as Lead State in a given third country, if it notified its 
intention  through  the  existing  secure  communication  network;  unless  another 
Member State objects within 30 days or the proposed Lead State renounces the task 
through the secure communication network. If more than one Member State wish to 
assume jointly the task of Lead State they shall jointly notify their intention through 
the secure communication network. In the event of crisis one or more Member States 
may assume this task immediately and shall undertake notification within 24 hours. 
Member  States  may  decline  the  offer,  but  their  nationals  and  other  potential 
beneficiaries remain, in accordance with Article 6(1), eligible to assistance from the 
Lead State. If there is no Lead State, Member States represented on the ground shall 
agree on which Member State will coordinate assistance for unrepresented citizens. 

To  prepare  for  crises  the  Lead  State(s)  shall  ensure  that  unrepresented  citizens  are 
duly  included  in  embassies  and  consulates'  contingency  planning,  that  contingency 
plans are compatible and that embassies and consulates as well as Union delegations 
are duly informed about these arrangements. 

In the event of crisis the Lead State(s) or the Member State coordinating assistance 
shall be in charge of coordination and leading assistance and assembly operations for 
unrepresented citizens, and if necessary ensure evacuation to a place of safety with 
the  support  of  the  other  Member  States  concerned.  It  shall  also  provide  a  point  of 
contact  for  unrepresented  Member  States,  through  which  they  can  receive 
information  about  their  citizens  and  coordinate  necessary  assistance.  The  Lead 
State(s) or, the Member State coordinating assistance for unrepresented citizens may 
seek,  if  appropriate,  support  from  instruments  such  as  the  EU  Civil  Protection 
Mechanism  and  the  crisis  management  structures  of  the  European  External  Action 
Service.  Member  States  shall  provide  the  Lead  State(s)  or  the  Member  State 
their 
coordinating  assistance  with  all 
unrepresented citizens present in a crisis situation.  

information 

regarding 

relevant 

the 

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CHAPTER 5 

Final provisions 

Article 17 

More favourable treatment 

Member States may introduce or retain more favourable provisions in so far as they 
are compatible with this Directive. 

Article 18 

Implementation 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  […]  at  the  latest.  They  shall 
forthwith  communicate  to  the  Commission  the  text  of  those  provisions  and  a 
correlation table between those provisions and this Directive. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Article 19 

Repeal 

Decision 95/553/EC is repealed with effect from […]. 

Article 20 

Monitoring and evaluation 

Member  States  shall  provide  the  Commission  with  all  the  relevant  information 
regarding the implementation of the right of unrepresented citizens and the practical 
implementation  of  this  Directive,  including  a  yearly  overview  of  statistics  and 
relevant  cases.  The  Commission  shall  submit  a  report  to  the  European  Parliament, 
the  Council,  the  European  Economic  and  Social  Committee  and  the  Committee  of 
the Regions on the implementation of this Directive by […]. 

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Article 21 

Entry into force 

This  Directive  shall  enter  into  force  on  the  twentieth  day  following  that  of  its 
publication in the Official Journal of the European Union. 

This Directive is addressed to the Member States. 

Article 22 

Done at Brussels, 

For the Council 
The President 

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ANNEX 1 

A. Form of the request for reimbursement (Article 12) 

1. Requesting Member State's embassy or consulate  

2. Citizen's Member State of nationality  

(regionally responsible nearest embassy or consulate or Ministry of Foreign Affairs) 

3. Identification of the event 

(date, place) 

4. Data of assisted citizen(s) (to be attached separately) 

Full name 

Place and date 
of birth 

Name and 
number of the 
travel document 

Kind of 
assistance 
provided 

Costs 

5. Total costs  

6. Bank account for the reimbursement 

7. Attachment: undertaking to repay (if applicable) 

B. Common format – undertaking to repay (financial aid) 

COMMON FORMAT UNDERTAKING TO REPAY (FINANCIAL ADVANCE) 

I, (Mr/Mrs/Ms/Miss) (full name in block capitals) 
…………………………………………………………………………………………………... 
holder of passport No…………………………..issued at……………………………………… 
hereby acknowledge receipt from the Embassy/Consulate of………………………………… 
…………………………at……………………………………………………………………… 
of the sum of……………………………………………………………………………………. 
as an advance for the purpose of………………………………………………………………... 
…………………………………………..(including any applicable fee) 
and  undertake  and  promise  to  repay  on  demand  to  the  Ministry  of  Foreign 
Affairs/Government of………………………………………………………………………….. 
…………………………………………………………………………………………………... 
in  accordance  with  the  national  law  of  that  country  the  equivalent  of  the  said  sum  in 
(currency)……………………………………………………………………………………….. 
at the rate of exchange prevailing on the day on which the advance was made. 
My address (*) (in block capitals) (country)…………………………………………………… 
is:……………………………………………………………………………………………….. 
…………………………………………………………………………………………………... 
…………………………………………………………………………………………………... 

DATE………………………………SIGNATURE……………………………………………. 

(*) if you have no permanent address, please indicate a contact address. 

C. Common format undertaking to repay (repatriation) 

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COMMON FORMAT UNDERTAKING TO REPAY (REPATRIATION) 

I, (Mr/Mrs/Ms/Miss) (full name in block capitals) 
…………………………………………………………………………………………………... 
born at (town)…………………………..in (country)……………………………………… 
on (date)………………………………… 
holder of passport No…………………………..issued at………………………….. 
on……………………and ID No……………………………………………………………… 
hereby undertake to repay on demand to the Government of………………………………. 
………………in accordance with the national law of that country the equivalent of all costs 
as  paid  on  my  behalf  or  advanced 
the  consular  officer  of 
the………………………………………Government at……………………………………….. 
for the purpose of, or in connection with, the repatriation to……………………………….. 
of  myself  and  the  members  of  my  family  accompanying  me,  and  to  pay  all  appropriate 
consular fees in respect of the repatriation. 
These are: 
(i) (*)  Fares 

to  me  by 

Subsistence 
Miscellaneous costs 
LESS the contribution made by me 
CONSULAR FEES: 
Repatriation fee 
Attendance fee 
Passport/emergency fees 
(….hours at….per hour….) 

address 

(ii) (**) 
All  sums  on  my  behalf  for  the  purpose  of,  or  in  connection  with,  the 
repatriation  of  myself  and  the  members  of  my  family  accompanying  me  which  cannot  be 
determined at the time this undertaking to repay is signed by me. 
My 
capitals) 
(country)…………………………………………………………………………………………
is:………………………………………………………………………………………………
…………………………………………………………………………………………………
………………………………………………………………………………………………….
DATE………………………………SIGNATURE……………………………………………. 

block 

(***) 

(in 

(*)  Delete  as  appropriate:  The  Consular  Officer  and  the  applicant  should  initial  each 
delegation in the margin. 

(**)  Delete  as  appropriate:  The  Consular  Officer  and  the  applicant  should  initial  each 
delegation in the margin. 

(***) If you have no permanent address, please indicate a contact address. 

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A. Form of the request for reimbursement in crisis situations (Article 13) 

ANNEX 2 

1. Requesting Member State  

2. Citizen's Member State of nationality  

(Ministry of Foreign Affairs) 

3. Identification of the event:  

(date, place) 

4. Data of assisted citizens (s) (to be attached separately) 

Full name 

Place and date 
of birth 

Name and 
number of the 
travel document 

Assistance 
provided 

Costs 

5. Calculation method 

(cid:133) Real costs 

(cid:133) Pro-rata 

(cid:133) Fixed sum 

6. Total costs  

7. Bank account for reimbursement 

8. Attachment: undertaking to repay (if applicable) 

B. Fixed sums  

Type of support 

Fixed sum 

Evacuation - long-haul journey 

Cost  of  the  last  available  commercial  air 
ticket: place of evacuation – destination (OR 
1.000 EUR) 

Internal journey to the safe location 

150 EUR 

Medical assistance 

2.500 EUR 

Subsistence 
offered) 

(accommodation 

and 

food 

200 EUR (per day) 

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