Proposal for a COUNCIL DIRECTIVE amending Directive (EU) 2015/637 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries and Directive (EU) 2019/997 establishing an EU Emergency Travel Document
Date: 2023-12-06
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: EU Member State, EU national, European passport, consulate, diplomatic protection, embassy, third country

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   EUROPEAN COMMISSION  Brussels, 6.12.2023  COM(2023) 930 final 2023/0441 (CNS)  Proposal for a COUNCIL DIRECTIVE amending Directive (EU) 2015/637 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries and Directive (EU) 2019/997 establishing an EU Emergency Travel Document {SEC(2023) 930 final} - {SWD(2023) 940 final} - {SWD(2023) 941 final} - {SWD(2023) 942 final}  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Union  citizens  travelling  to  or  living  in  a  third  country  where  their  Member  State  of 
nationality is not represented by an embassy or consulate are entitled to the protection of the 
diplomatic and consular authorities of any other Member State under the same conditions as 
the nationals of that Member State. This Union citizenship right, established by the Treaty of 
Maastricht,  is  set  out  in  Articles  20(2)(c)  and  23  of  the  Treaty  on  the  Functioning  of  the 
European  Union  (TFEU)  and  Article  46  of  the  Charter  of  Fundamental  Rights  of  the 
European Union (the ‘Charter’).  

This right is the external dimension of Union citizenship, one of the practical benefits of being 
a Union citizen, and a tangible example of European solidarity. It protects Union citizens who 
find  themselves  in  need  of  help  in  a  third  country  where  they  are  not  represented  by  their 
Member State of nationality, for example due to an accident, serious illness, being victim of a 
crime or loss of travel documents. 

On  20  April  2015,  the  Council  adopted  Directive  (EU)  2015/637  on  the  coordination  and 
cooperation measures to facilitate consular protection for unrepresented citizens of the Union 
in  third  countries1,  replacing  the  intergovernmental  framework  that  used  to  govern  consular 
protection2. The Member States had three years, until May 2018, to implement the Directive 
into national legislation3.  

The  2021  Commission  work  programme4  announced  a  review  of  Union  rules  on  consular 
protection to improve the Union’s and Member States’ preparedness  and capacity to protect 
and  support  Union  citizens  in  times  of  crisis.  This  review  would  involve  strengthening  the 
Union’s supporting role and making best use of its unique network of Union delegations.  

In addition, the Commission, in its Communication in the follow-up on the Conference on the 
Future  of  Europe,  committed  to  consider  new  areas  of  action,  such  as  making  “European 
citizenship more tangible to citizens, including by reinforcing the rights attached to it and by 
providing reliable and easily accessible information about it”5.  

The  Strategic  Compass  for  Security  and  Defence  –  For  a  European  Union  that  protects  its 
citizens,  values  and  interests  and  contributes  to  international  peace  and  security  adopted  by 
the Council in March 20226 announced that the European External Action Service’s (EEAS) 

1 

2 

3 
4 
5 

6 

and 

Council  Directive  (EU)  2015/637  of  20  April  2015  on  the  coordination  and  cooperation  measures  to 
facilitate  consular  protection  for  unrepresented  citizens  of  the  Union  in  third  countries  and  repealing 
Decision 95/553/EC (OJ L 106, 24.4.2015, p. 1, ELI: http://data.europa.eu/eli/dir/2015/637/oj). 
Decision  95/553/EC  of the Representatives of the Governments of the  Member States meeting within 
the  Council  of  19  December  1995  regarding  protection  for  citizens  of  the  European  Union  by 
diplomatic 
73,  ELI: 
http://data.europa.eu/eli/dec/1995/553/oj). 
Article 17(1) of the Directive. 
COM(2020) 690 final. 
Report  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European  Economic  and 
Social  Committee,  and  the  Committee  of  the  Regions:  Conference  on  the  Future  of  Europe  –  Putting 
Vision into Concrete Action (COM(2022) 404 final and Annex). 
ST 7371/22. 

representations 

28.12.1995, 

(OJ  L 

consular 

314, 

p. 

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“crisis  response  mechanisms,  our  consular  support  and  field  security  will  also  be  reviewed 
and  strengthened  to  better  assist  Member  States  in  their  efforts  to  protect  and  rescue  their 
citizens  abroad,  as  well  as  to  support  our  EU  Delegations  when  they  need  to  evacuate 
personnel”7.  

As  noted  in  the  Commission’s  report  of  2  September  2022  on  the  implementation  and 
application  of  Council  Directive  (EU)  2015/6378,  crises  resulting  in  requests  for  consular 
protection are increasing in frequency and scale. The COVID-19 pandemic (unprecedented in 
scale and complexity), the crisis in Afghanistan, Russia’s war of aggression against Ukraine, 
the conflict in Sudan, the repatriations from Israel and Gaza and other similar crises allowed 
to identify gaps and reflect on how to strengthen Union citizens’ right to consular protection. 

In  view  of  the  above,  the  Commission  proposes  to  amend  Directive  (EU)  2015/637  with  a 
view to improving and strengthening the coordination and cooperation measures necessary to 
facilitate consular protection of Union citizens. 

To improve legal certainty for consular authorities and citizens, the Commission proposes to 
clarify when a Union citizen is to be considered as ‘unrepresented’ and thus entitled to receive 
consular  protection  from  the  consular  authorities  of  other  Member  States.  Changes  to 
Directive  (EU)  2015/637  should  ensure  that  the  cooperation  between  consular  authorities, 
supported by Union delegations, is streamlined. 

To make best use of the network of Union delegations, in particular in third countries where 
few Member States are present, the Commission considers that their tasks should be clarified 
and their supporting role enhanced, notably in the area of crisis preparedness and response. In 
that area, the proposal provides that so-called joint consular contingency plans (also known as 
‘Joint EU Consular Crisis Preparedness Frameworks’) be drawn up for all third countries to 
facilitate the response to any possible future consular crises. In addition, the proposal provides 
a legal basis for the possible deployment of so-called joint consular teams, that is, voluntary 
multi-disciplinary  teams  staffed  by  consular  experts  from  Member  States  and  Union 
institutions, to support potentially lightly staffed local consular services of Member States in 
times of crisis9.  

The Commission also proposes to improve the information flow between Member States and 
Union  institutions  and  the  information  provided  to  Union  citizens,  with  a  view  to  allowing 
them to make better-informed decisions regarding travel.  

the  Commission  proposes 

Finally, 
the  financial 
to  streamline 
reimbursements  of  costs  resulting  from  the  provision  of  consular  protection.  In  the  future, 
Member  States  should  be  entitled  to  request  reimbursement  directly  from  the  citizen 
concerned  to  avoid  lengthy  bureaucratic  procedures.  In  addition,  Union  delegations  should 
also  be entitled to  obtain financial reimbursements  if they support the provision  of consular 
protection to unrepresented citizens. These new financial procedures should also apply in the 

the  provisions  on 

7 

8 

9 

In  response,  the  EEAS  Crisis  Response  Centre  (CRC)  was  created  in  July  2022  as  the  EEAS’ 
permanent crisis response capability, liaising with the crisis cells of Union institutions, Member States 
and partners.  
Report from the Commission to the European Parliament and the Council on the implementation and 
application of Council Directive (EU) 2015/637 of 20 April 2015 on the coordination and cooperation 
measures to facilitate consular protection for unrepresented citizens of the Union in third countries and 
repealing Decision 95/553/EC (COM(2022) 437 final). 
See also the Joint Presidency and the EEAS paper on Joint Consular Teams (ST 13619/20). 

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context of Directive (EU) 2019/99710, which lays down rules on the conditions and procedure 
for  unrepresented  citizens  in  third  countries  to  obtain  an  EU  Emergency  Travel  Document 
(‘EU ETD’) and establishes a uniform format for such document. 

Improving  consular protection  of Union  citizens abroad by  reinforcing  Union  solidarity and 
cooperation in this field ensures that Union citizens continue to benefit from this fundamental 
right according to the highest standards, in particular during times of crisis.  

• 

Consistency with existing policy provisions in the policy area 

Article 9(f)  of  Directive  (EU)  2015/637  explicitly  refers  to  the  issuance  of  such  emergency 
travel documents. This proposal ensures that Directive (EU) 2015/637 and the specific rules 
applicable to EU ETDs provided for by Directive (EU) 2019/997 remain aligned. 

This proposal also ensures consistency with Council Decision 2010/427/EU11, which defines 
the  mandate  of  Union  delegations.  According  to  Article  5(10)  of  that  Decision,  Union 
delegations are, acting in accordance with the third paragraph of Article 35 of the Treaty on 
European Union, and upon request by Member States, to support the Member States in their 
diplomatic relations and in their role of providing consular protection to citizens of the Union 
in third countries on a resource-neutral basis. 

Directive  (EU)  2015/637  contains  references  to  the  Union  Civil  Protection  Mechanism 
(UCPM)12,  which  is  used  to  provide  civil  protection  support  to  consular  assistance  efforts. 
The  proposal  ensures  full  alignment  between  Directive  (EU)  2015/637  and  the  rules  on  the 
UPCM,  including  in  view of the  experiences  gained  from  the COVID-19 pandemic and the 
2021 consular emergency in Afghanistan. 

To  ensure  the  practical  implementation  of  the  right  to  consular  protection,  the  Union 
continues  to  negotiate  the  inclusion  of  so-called  consular  protection  clauses  in  international 
agreements  to  dispense  with  the  obligation,  provided  for  in  Article  8  of  the  1963  Vienna 
Convention  on  Consular  Relations13,  for  represented  Member  States  to  notify  the  third 
country  where  an  unrepresented  Union  citizen  is  located  of  the  provision  of  consular 
protection. 

• 

Consistency with other Union policies 

This proposal is consistent with policies concerning civil protection and crisis response. 

10 

11 

12 

13 

L 

(OJ 

Decision 

Council Directive (EU) 2019/997 of 18 June 2019 establishing an EU Emergency Travel Document and 
repealing 
ELI: 
96/409/CFSP 
http://data.europa.eu/eli/dir/2019/997/oj). 
Council  Decision  2010/427/EU  of  26  July  2010  establishing  the  organisation  and  functioning  of  the 
ELI: 
(OJ 
European 
http://data.europa.eu/eli/dec/2010/427/oj). 
Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a 
Union  Civil 
ELI: 
http://data.europa.eu/eli/dec/2013/1313/oj). 
Available at: https://legal.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf  

Protection  Mechanism 

20.12.2013, 

20.6.2019, 

3.8.2010, 

External 

Service 

Action 

924, 

163, 

201, 

347, 

(OJ 

30, 

1, 

p. 

p. 

p. 

L 

L 

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2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The proposed directive would amend Directive (EU) 2015/637. It thus shares the legal basis 
of  that  Directive,  namely  Article  23  TFEU.  Pursuant  to  the  second  paragraph  of  that 
provision,  the  Council,  acting  in  accordance  with  a  special  legislative  procedure  and  after 
consulting  the  European  Parliament,  may  adopt  directives  establishing  the  coordination  and 
cooperation  measures  necessary  to  facilitate  consular  protection  for  unrepresented  Union 
citizens. This provision applies to all Member States. 

The  amendments  of  this  proposal  aim  to  improve  the  measures  necessary  to  facilitate  the 
provision  of  consular  protection  to  unrepresented  citizens  provided  for  in  Directive  (EU) 
2015/637.  

• 

Subsidiarity 

Consular  protection  for  unrepresented  citizens  entails,  by  definition,  a  cross-border 
dimension,  given  its  nature  as  a  Union  citizenship  right  enjoyed  vis-à-vis  the  authorities  of 
Member States other than those of one’s nationality. 

The objectives of this proposal, namely to improve the exercise of the right set out in point (c) 
of  Article  20(2)  TFEU  by  unrepresented  citizens,  cannot  effectively  be  achieved  by  the 
Member States independently, given that doing so requires amendments to certain provisions 
of Directive (EU) 2015/637. Action at Union level is thus necessary.  

Absence to act at Union level would result in the rules of Directive (EU) 2015/637 not being 
adapted  to  address  the  shortcomings  identified  in  their  application.  In  addition,  the  rules 
would not take into account the experience gained during recent consular crises. As a result, 
Union citizens would not be able to enjoy their right of consular protection  to a degree that 
would be possible by action at Union level. 

• 

Proportionality 

The objectives of this proposal can be achieved by way of amendments to certain provisions 
of Directive (EU) 2015/637. 

In doing so, the proposal does not go beyond what is necessary to achieve this objective, as it 
does not fundamentally alter the existing rules and procedures of Directive (EU) 2015/637. In 
particular, it does not propose the introduction of additional procedures, but rather strives to 
streamline existing  ones to  lower the administrative  burden on Member States and facilitate 
the provision of consular protection. For example, the proposal would allow assisting Member 
States to collect costs, in a non-discriminatory manner, directly from unrepresented citizens, 
rather than having to seek reimbursement from the citizen’s Member State of nationality. 

Additional  explanations  as  to  the  proportionality  of  the  different  policy  options  –  including 
the  policy  options  not  retained  –  can  be  found  in  the  impact  assessment  accompanying  this 
proposal14. 

• 

Choice of the instrument 

In line with the second paragraph of Article 23 TFEU, the proposed instrument is a directive. 

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SWD(2023) 941 final. 

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Stakeholder consultations 

This proposal takes into account the discussions in the Working Party on Consular Affairs of 
the Council, in particular the exchanges of views on further facilitating the exercise of Union 
citizens’ right to consular protection in third countries that took place after the adoption of the 
Commission’s report on the implementation and application of the Directive (EU) 2015/63715. 
Concluding  those  discussions,  the  Council  Presidency  considered  that  there  was  scope  to 
review the Directive, in  particular based on the experiences from  consular crises in  the past 
years.  

A  dedicated  questionnaire  among  Member  State  authorities  was  used  to  collect  quantitative 
data  on  Member  States’  national  legislation  and  procedures,  their  consular  networks  and 
assets, the consular protection they provide, and on their travel and communication channels. 
Additionally, Member State authorities were also asked to provide qualitative feedback on the 
application of Directive (EU) 2015/637, on possible policy options, and on the lessons learnt 
from the consular response to the COVID-19 pandemic. 

An online survey with Union delegations was used to obtain their assessment of the situation 
under the status quo (including under times of crisis, such as around the COVID-19 outbreak), 
on views regarding the functioning of Directive (EU) 2015/637, as well as on views regarding 
the policy options available. 

In  the  course  of  2021,  in-depth  interviews  with  Union  delegations,  Member  State 
representations  and  tourist/expat  organisations  were  carried  out  in  five  selected  third 
countries16, as well as with officials from Union bodies with a supporting role in the field of 
consular protection. 

More  information  on  the  feedback  received  can  be  found  in  the  impact  assessment 
accompanying this proposal. 

Collection and use of expertise 

• 
The Commission  carried out  Flash Eurobarometer 485 on EU Citizenship and Democracy17 
on  a  range  of  issues  associated  with  Union  citizenship  and  democracy,  for  which  fieldwork 
was  done  in  the  Member  States  in  February/March  2020.  Among  other  things,  the  survey 
explored  Union  citizens’  understanding  of  the  rights  conferred  by  Union  citizenship, 
including consular protection. A similar survey was carried out in 202318. 
A public consultation for the 2020 EU Citizenship Report19 took place between 9 July 2020 
and 1 October 2020 and contained questions on consular protection. The report described the 
unprecedented  repatriation  effort,  in  which  Member  States,  supported  by  Commission 
services and the EEAS, managed to repatriate, between February and May 2020, over half a 
million Union citizens affected by COVID-19 travel restrictions across the world. The report 

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ST 15876/22. 
Costa Rica, Ethiopia, Fiji, Montenegro and Russia. 
Flash Eurobarometer 485: EU Citizenship and Democracy; February/March 2020.  
Flash Eurobarometer 528: Citizenship and democracy, April/May 2023. 
Report  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European  Economic  and 
Social  Committee  and  the  Committee  of  the  Regions  –  EU  Citizenship  Report  2020  –  Empowering 
citizens and protecting their rights (COM(2020) 730 final). 

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estimated that, in 2020, 76% of Union citizens were aware of the right to seek assistance from 
other  Member  States,  in  case  their  own  does  not  have  an  embassy  or  consulate  in  a  third 
country. 

In addition, the Commission used public feedback received as part of the consultation process 
to prepare the analysis of the impact assessment. 

Finally, evidence was gathered and analysed in a dedicated study carried out on behalf of the 
Commission20.  More information  can be found in  the  impact  assessment accompanying this 
proposal. 

Impact assessment 

• 
As outlined in  the impact  assessment21, the  general objective of this initiative is  to  improve 
the exercise of the right of citizens of the Union to enjoy, in the territory of a third country in 
which the Member State of which they are nationals is not represented, the protection of the 
diplomatic  and  consular  authorities  of  any  Member  State  on  the  same  conditions  as  the 
nationals of that Member State. 

This  would  be  achieved  through  the  following  specific  objectives:  (i)  to  enhance  the  legal 
certainty for Union citizens with respect to the scope of the right to consular protection; (ii) to 
ensure  clear  roles,  coordination  and  cooperation  mechanisms  between  Member  States  and 
Union delegations, including in times of crisis; (iii) to improve the information provision and 
communication  with  (unrepresented)  Union  citizens;  and  (iv)  to  increase  the  efficiency  and 
use of the financial reimbursement procedures. 

The  impact  assessment  examined  several  policy  options  for  each  specific  objective  with  a 
range of potential measures to address the problems.  

The  options  considered  under  the  first  objective  seek  to  ensure  that  the  definition  of 
‘unrepresented citizen’ is clarified and improved to avoid that unrepresented citizens are not 
assisted on the basis of a wrong interpretation or assessment of the situation by the Member 
States or Union delegations. Policy option 1(a) consists of soft measures, while policy option 
1(b)  consists  of  legislative  changes  to  clarify  the  definition  and  personal  scope  of  Directive 
(EU)  2015/637.  Policy  option  1(c)  consists  of  the  introduction  of  a  new  ‘presumption  of 
unrepresentedness’.  

Under the second specific objective, the impact assessment examined options that address the 
problems related to the main concepts and processes through which Member States and Union 
delegations interact for the purposes of providing consular assistance to unpresented citizens. 
On local consular cooperation networks, policy option 2(a) consists of soft measures to better 
structure the different responsibilities in such networks. Policy option 2(b) proposes to assign 
the  role  of  the  chair  of  local  cooperation  meetings  to  Union  delegations.  Policy  option  2(c) 
consists of legislative amendments defining the assignment of clear tasks, in the joint consular 
contingency plans, to the different actors involved, and a review of the ‘Lead State’ concept. 
It  also  proposes  to  include  such  plans  and  so-called  joint  consular  teams  in  Directive  (EU) 
2015/637.  Policy  option  2(d)  consist  of  legal  amendments  to  clarify  the  supporting  role  of 
Union  delegations,  notably  by  aligning  it  with  the  EEAS  Decision.  Option  2(e)  consists  of 
legal amendments granting Union delegations new competences that enable them to provide 

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Study supporting the impact assessment, including its annexes. 
SWD(2023) 941 final. 

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direct consular protection to unrepresented citizens in uncovered third countries on the latter’s 
request. 

Options  that  pursue  the third  specific  objective  address  the  main  drivers  of  the  problems  of 
communication with  citizens:  i) the problems  with  information  provision  by Member States 
and the Union and ii) the lack of information on citizens travelling or residing abroad. On the 
first  issue,  policy  option  3(a)  consists  of  legal  amendments  with  new  requirements  on 
provision  of  information,  while  policy  option  3(b)  consists  of  the  establishment  of  a  Union 
travel  advice  portal.  On  the  second  issue,  policy  option  3(c)  recommends  a  Union-wide 
communication  campaign  and  policy  option  3(d)  would  require  Member  States  to  promote 
measures enabling Union citizens to inform on/record their travels or residence abroad. 

Finally,  the  options  under  specific  objective  four  aim  to  reduce  the  complexity  and 
ineffectiveness of financial reimbursements procedures with a view to increasing their use and 
accelerate  the  processes  for  the  benefit  of  Union  citizens  and  Member  States.  Policy  option 
4(a)  consists  of  soft  measures  to  clarify  the  process  and  provide  training  to  Member  States 
while  policy  option  4(b)  consists  of  legal  amendments  to  improve  the  procedures  and  to 
extend them to Union delegations to ensure compliance with the cost-neutrality requirement 
provided for in the EEAS Decision.  

Based on the analysis outlined in the impact assessment, the preferred combination of options 
is  made  up  of  the  following  specific  policy  options:  1(b),  clarifying  the  definition  and 
personal  scope  of  Directive  (EU)  2015/637,  2(b),  assigning  the  role  of  the  chair  of  local 
cooperation  meetings  to  Union  delegations,  2(c),  assigning  clear  tasks,  in  the  joint  consular 
contingency  plans,  to  the  different  actors  involved,  and  reviewing  the  ‘Lead  State’  concept, 
2(d), clarifying the supporting role of Union delegations, 3(a), provision of information, 3(d), 
promoting  measures  enabling  Union  citizens  to  inform  on/record  their  travels  or  residence 
abroad, and 4(b), improving financial procedures. 

The main benefits of the preferred combination of options are the increased safeguarding and 
effectiveness  of  Union  citizens’  fundamental  right  to  consular  protection  on  the  same 
conditions as the nationals of the Member State providing assistance. This is achieved through 
a  clarification  of  procedures  and  enhanced  legal  certainty  for  Member  States  and  Union 
delegations.  Other  benefits  include  improved  communication  with  Union  citizens  through 
facilitated access to reliable information and increased recording of their travels and residence 
abroad.  The  preferred  measures  also  entail  small  savings  and  efficiencies  for  national 
administrations and time savings and less burden for Union citizens.  

The  costs  of  the  preferred  option  are  very  limited  and  are  born  by  Member  States  and  the 
Union, including Union delegations. 

On 6 July 2023, the Regulatory Scrutiny Board issued a ‘positive opinion with reservations’ 
on the resubmitted draft impact assessment22. 

• 

Regulatory fitness and simplification 

No  specific  impacts  on  small  and  medium-sized  enterprises  have  been  identified  in  the 
preparation  of  this  proposal.  In  line  with  the  ‘digital  by  default’  principle,  the  proposal 

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provides  for  provision  of  information  in  machine-readable  form  to  facilitate  automated 
processing. 

• 

Fundamental rights 

This proposal implements the fundamental right of Union citizens to diplomatic and consular 
protection, guaranteed by Articles 20(2)(c) and 23 TFEU and Article 46 of the Charter.  

Insofar as it strengthens  the role and the functioning of Union delegations in supporting the 
provision  of  consular  protection,  this  proposal  has  a  direct  and  beneficial  impact  on  the 
application  of  Article  41  of  the  Charter,  which  contains  the  fundamental  right  of  Union 
citizens to have their affairs handled fairly, transparently, and efficiently by Union institutions 
and other Union bodies. 

The proposal also affects Article 7 of the Charter on the respect of private life and Article 8 
on  the  right  to  the  protection  of  personal  data.  Processing  of  the  personal  data  of  citizens, 
including collection, access and use of personal data, affects the right to privacy and the right 
to  protection  of  personal  data  under  the  Charter.  Interference  with  these  fundamental  rights 
must  be  justified23.  Regarding  the  right  to  the  protection  of  personal  data,  including  data 
security,  the  relevant  Union  rules  apply24.  No  derogation  from  the  Union’s  data  protection 
regime is envisaged. Clear rules, conditions and safeguards must be implemented by Member 
States in line with the Union data protection rules. 

By  adding  a  dedicated  provision,  the  proposal  would  also  ensure  the  right  to  an  effective 
remedy (Article 47 of the Charter).  

4. 

BUDGETARY IMPLICATIONS 

This proposal has implications in terms of administrative costs for the Commission and Union 
delegations. The limited recurrent costs of staff and other administrative expenditure would be 
covered under the budgetary heading ‘Administrative expenditure’. 

The  financial  and  budgetary  impacts  are  explained  in  detail  in  the  legislative  financial 
statement annexed to this proposal. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

It  is  important  to  adopt  a  realistic  approach  to  monitoring  the  implementation  of  Directive 
(EU)  2015/637  as  amended  and  not  to  overburden  national  consular  authorities.  Member 
States  are  asked  to  provide  the  Commission  with  information  on  a  limited  number  of  key 
indicators on a yearly basis. 

23 
24 

See, for example, judgment of 17 October 2013, Schwarz, C-291/12, EU:C:2013:670.  
Regulation  (EU)  2016/679  of  the  European  Parliament  and  of  the  Council  of  27 April  2016  on  the 
protection of natural persons with regard to the processing of personal data and on the free movement of 
such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, 
p.  1,  ELI:  http://data.europa.eu/eli/reg/2016/679/oj)  and  Regulation  (EU)  2018/1725  of  the  European 
Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to 
the processing of personal data by the Union institutions, bodies, offices and agencies and on the free 
movement  of  such  data,  and  repealing  Regulation  (EC)  No  45/2001  and  Decision  No  1247/2002/EC 
(OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj). 

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After eight years, the Commission will carry out an evaluation of Directive (EU) 2015/637 as 
amended by the proposal and publish a report on the main findings.  

• 

Explanatory documents 

To ensure the proper implementation of this directive, explanatory documents in the form of 
correlation tables are necessary. 

• 

Detailed explanation of the specific provisions of the proposal 

Article  1  contains  the  following  amendments  to  Directive  (EU)  2015/637  (the  remaining 
provisions would remain unchanged): 

Article  6:  The  changes  to  this  Article  seek  to  clarify  when  a  Member  State  is  not  to  be 
considered as represented in a third country due to the fact that it has no embassy or consulate 
effectively in a position to provide consular protection. For this purpose, a new paragraph is 
introduced, setting out the criteria to be taken into account by the embassy or consulate from 
which  the  unrepresented  citizen  seeks  consular  protection  to  determine  whether  a  Member 
State has no embassy or consulate effectively in a position to provide consular protection in a 
given case. Those criteria should be applied in light of local circumstances. 

Another  new  paragraph  clarifies  that  the  presence  of  an  honorary  consul  of  the  citizen’s 
Member State of nationality may only be taken into account if the assistance requested by the 
citizen is covered by the competences of the honorary consul. This is to avoid that citizens are 
denied assistance with reference to an honorary consul who is not competent to assist them. 

Article  7:  Provisions  on  the  notification  of  arrangements  between  Member  States  would  be 
moved  to  the  newly  introduced  Article  13b,  grouping  them  with  other  notification 
requirements. A new paragraph is introduced that would allow represented Member States to 
transfer  requests  for  assistance  based  on  available  capacity  in  crisis  situations.  This  is  to 
ensure efficient use of available resources in such situations. 

Finally,  the  changes  seek  to  clarify  that  applications  are  to  be  transferred  by  the  consular 
authorities  approached.  Unrepresented  citizens  seeking  assistance  should  not  themselves  be 
asked to approach another Member State. In addition, citizens should be kept informed of the 
transfer of applications. 

Article  9:  A  reference  to  ‘evacuation’  is  added  to  this  Article  to  comprehensively  cover 
situations where Union citizens are rescued and moved from areas affected by an emergency 
to a safe location, which must not necessarily be the territory of a Member State, as well as 
situations where Union citizens are repatriated to Union territory. In addition, the reference to 
Decision 96/409/CFSP25 is replaced by a reference to Directive (EU) 2019/997, given that the 
latter repealed the former. 

Article  10:  A  new  paragraph  is  added  to  clarify  that  Member  States  may  involve,  in  their 
coordination  and  cooperation  measures,  security  and  military  personnel,  honorary  consuls, 
international  organisations  or  diplomatic  and  consular  authorities  of  third  countries.  In 

25 

Decision  96/409/CSFP  of  the  Representatives  of  the  Governments  of  the  Member  States,  meeting 
within the Council of 25 June 1996 on the establishment of an emergency travel document (OJ L 168, 
6.7.1996, p. 4, ELI: http://data.europa.eu/eli/dec/1996/409/oj). 

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9 

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addition,  the  abbreviation  of  ‘EEAS’  is  introduced  in  paragraph  4  given  the  changes  to 
Article 7.     

Article  11:  The  changes  to  this  Article  clarify  the  supporting  role  of  Union  delegations, 
notably by listing the most relevant tasks in this context. The newly introduced paragraph 2 
lays  down  that  Union  delegations  are  to  support  Member  States  in  providing  consular 
protection  in  accordance  with  Article  5(10)  of  the  EEAS  Decision,  that  is,  upon  request  by 
Member  States  and  on  a  resource-neutral  basis,  including  by  providing  specific  consular 
assistance tasks. 

Article  12:  Rules  on  local  consular  cooperation  would  be  clarified,  notably  by  listing  the 
topics to be addressed by local consular cooperation meetings. 

Article 13: This Article would be split in two, with Article 13 focusing on crisis preparedness 
and the newly added Article 13a focusing on crisis response. Within Article 13, joint consular 
contingency plans are established as the key instrument for crisis preparedness, together with 
annual consular exercises to test them. 

A new paragraph would require Member States to offer their citizens the possibility to register 
with or inform competent national authorities of their travels to or residence in third countries. 
This is meant to improve the information available on the estimated number and location of 
Union  citizens  present  in  a  third  country  for  the  purposes  of  crisis  preparedness  and  crisis 
response. It would also make it easier to contact citizens affected by a crisis situation. 

Finally,  Member  States  would  need  to  make  efforts  to  coordinate  changes  to  their  travel 
advice at an early stage, notably in the context of crisis situations.    

Article  13a:  This  new  Article  is  based  on  paragraphs  2-4  of  Article  13  of  Directive  (EU) 
2015/637.  Provisions  on  ‘intervention  teams  at  Union  level’,  previously  found  in  Article 
13(2), are expanded to address the possible deployment of joint consular teams, participation 
in which should be voluntary for Member States. 

Article  13b:  This  new  Article  consolidates  the  different  notification  requirements  already 
found in Directive (EU) 2015/637. In addition, Member States would be required to provide 
limited statistical data to improve the monitoring of the Directive. Where necessary, that data 
should be provided in machine-readable format. 

Article  13c:  This  new  Article  provides  that  Member  States  should  take  measures  to  inform 
citizens of their right to consular protection as set out in point (c) of Article 20(2) TFEU. To 
this end, the Article lists examples of possible  measures  that could  be taken  in  this  context, 
such  as  reproducing  the  first  sentence  of  Article  23  TFEU  on  national  passports  as  already 
recommended  by  Commission  Recommendation  C(2007)  584126.  Commission  services  and 
the EEAS should contribute to these efforts. 

Article  14:  The  rules  on  the  reimbursement  of  the  costs  for  consular  protection  would  be 
adapted  to  provide  that  such  costs  are  primarily  to  be  reimbursed  by  the  assisted 
unrepresented citizen directly, either when making the request or at a later stage. Only if such 
reimbursement does not take place, the assisting Member State should approach the Member 

26 

Commission Recommendation C(2007) 5841 of 5 December 2007 on reproducing the text of Article 20 
TEC in passports (OJ L 118, 6.5.2008, p. 30, ELI: http://data.europa.eu/eli/reco/2008/355/oj). 

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10 

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State of nationality for reimbursement. Finally, a dedicated paragraph is added to establish the 
rules for the reimbursement of costs borne by Union delegations supporting Member States. 

Articles 15:  The changes to  this  Article ensure alignment with the changes to  Article 14.  In 
addition,  a  new  paragraph  provides  that  Member  States  that  assist  represented  citizens  in 
crisis situations may also ask for the reimbursement of costs, given that it may not be possible 
or practically feasible to distinguish them from unrepresented citizens in crisis situations. This 
is  to  reduce  the  administrative  burden  that  would  result  from  having  to  apply  two  different 
procedures. The last paragraph is adapted to ensure that reimbursements pursuant to Directive 
(EU)  2015/637  are  taken  into  account  in  determining  any  contribution  of  the  Union  Civil 
Protection Mechanism, in line with the financial provisions applicable to such contributions.  

Article 15a: This new Article concerns the committee procedure applicable to the adoption of 
implementing acts as foreseen by Articles 13b(4) and 14(6). 

Article 16a: This new Article contains the rules applicable to the processing of personal data 
for the purposes of providing consular protection, including, where needed due to the nature 
of the consular case, special categories of personal data, and the transfer of personal data to 
third countries and international organisations, such as when organising evacuation flights.  

Article 16b: This new Article implements the fundamental right to an effective remedy in the 
context of consular protection. 

Article 19: A new paragraph is added to this Article to provide for an evaluation of Directive 
(EU) 2015/637 eight years after the transposition of the amendments. 

Article 2 contains the following amendments to Directive (EU) 2019/997: 

Article 5: The reference in this Article to the financial provisions of Directive (EU) 2015/637 
is  adapted  given  that  this  proposal  adapts  the  numbering  of  the  paragraphs  in  Article  14  of 
Directive (EU) 2015/637.  

EN 

11 

  EN 

 
2023/0441 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

amending Directive (EU) 2015/637 on the coordination and cooperation measures to 
facilitate consular protection for unrepresented citizens of the Union in third countries 
and Directive (EU) 2019/997 establishing an EU Emergency Travel Document 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 23, second paragraph, 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 Parliament1, 

Acting in accordance with a special legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

1 
2 

Council Directive (EU) 2015/6372 gives effect to the right enshrined in Article 23, first 
paragraph,  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU)  and 
restated in Article 46 of the Charter of Fundamental Rights of the European Union (the 
Charter)  by  laying  down  the  cooperation  and  coordination  measures  necessary  to 
facilitate consular protection for unrepresented citizens of the Union. 

Crises  resulting  in  requests  for  consular  protection  are  increasing  in  frequency  and 
scale. The COVID-19 pandemic, the crisis in Afghanistan, Russia’s war of aggression 
against Ukraine, the conflict in Sudan, the repatriations from Israel and Gaza and other 
similar  crises  have  provided  a  context  to  identify  gaps  and  reflect  on  how  to  further 
facilitate the exercise of the right to consular protection. Drawing lessons from those 
experiences, and in order to simplify procedures for citizens and consular authorities, 
the  rules  and  procedures  of  Directive  (EU)  2015/637  should  be  clarified  and 
streamlined so as to improve the effectiveness of the provision of consular protection 
to  unrepresented  citizens  of  the  Union,  in  particular  in  crisis  situations.  Best  use 
should  be  made  of  the  available  resources  at  Member  State  and  Union  level,  both 
locally in third countries and at capital level. 

Directive  (EU) 2015/637 defines  ‘unrepresented  citizen’  as every citizen  holding the 
nationality of a Member State which is not represented in a third country. Pursuant to 
that  Directive,  a  Member  State  is  not  represented  in  a  third  country  if  it  has  no 
embassy or consulate established there on a permanent basis, or if it has no embassy, 
consulate  or  honorary  consul  there  which  is  effectively  in  a  position  to  provide 

OJ C […], […], p. […]. 
Council  Directive  (EU)  2015/637  of  20 April  2015  on  the  coordination  and  cooperation  measures  to 
facilitate  consular  protection  for  unrepresented  citizens  of  the  Union  in  third  countries  and  repealing 
Decision 95/553/EC (OJ L 106, 24.4.2015, p. 1, ELI: http://data.europa.eu/eli/dir/2015/637/oj). 

EN 

1 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

consular  protection  in  a  given  case.  Given  the  absence  of  more  detailed  criteria  in 
Directive  (EU)  2015/637,  past  experiences  have  shown  that  it  may  be  difficult  to 
determine  whether  the  latter  criterion  is  fulfilled.  This  can  result  in  citizens  being 
wrongly considered, by the consular authorities they have approached, as represented 
by their Member State of nationality and thus refused consular protection. 

To improve legal certainty for consular authorities and citizens, it is appropriate to lay 
down more detailed criteria that aid in the assessment whether a Union citizen is to be 
considered as unrepresented and thus  eligible to receive consular protection from  the 
Member State whose consular authorities have been approached. Those criteria should 
be  sufficiently  flexible  and  applied  in  light  of  local  circumstances,  such  as  ease  of 
travel or security situation in the third country concerned. In this context, accessibility 
and proximity should remain important considerations. 

As  first  criterion,  consular  authorities  should  take  into  account  the  difficulty  for 
citizens  to  safely  reach  or  be  reached  by  the  embassy  or  consulate  of  their  Member 
State of nationality within a reasonable period of time, taking into account the nature 
and  urgency  of  the  assistance  requested  and  the  means,  notably  financial  resources, 
available to them. For example, the need for an EU Emergency Travel Document as a 
result of the loss of travel  documents should, in  principle,  result in  the  citizen  being 
considered  as  unrepresented  if  reaching  the  embassy  or  consulate  of  his  or  her 
Member State of nationality would require overnight or air travel, as he or she cannot 
be expected to travel under such circumstances. 

Possible  closures  of  the  embassy  or  consulate  of  the  citizen’s  Member  State  of 
nationality  should  also  be  considered,  notably  during  crisis  situations.  Where  the 
embassy or consulate from which the unrepresented citizen seeks consular protection 
cannot  confirm,  in  a  timely  manner,  that  the  embassy  or  consulate  of  the  citizen’s 
Member  State  of  nationality  is  operational  and  accessible,  the  citizen  should  be 
considered as unrepresented. 

The notion of absence of representation should be interpreted with a view to ensuring 
the effectiveness of the right to consular protection. Where, by redirecting the citizen 
to  the  embassy  or  consulate  of  his  or  her  Member  State  of  nationality,  consular 
protection would likely be compromised, in particular where the urgency of the matter 
requires  immediate  action  by  the  requested  embassy  or  consulate,  the  citizen  should 
also  be  considered  as  unrepresented.  This  is  particularly  relevant  in  crisis  situations, 
where  lack  of  timely  assistance  might  have  particularly  negative  impacts  on  the 
citizen. 

Given  that  honorary  consuls  usually  do  not  offer  the  same  range  of  services  as 
embassies or consulates, the presence of an honorary consul of the citizen’s Member 
State of nationality should only be taken into account to determine whether a citizen is 
unrepresented if the assistance requested by the citizen is covered by the competences 
of the honorary consul. 

Unrepresented citizens are entitled to seek protection from the embassy or consulate of 
any Member State. At the same time, Directive (EU) 2015/637 offers Member States 
the  possibility  to  enter  into  bilateral  arrangements  for  the  purpose  of  ensuring  the 
effective protection of unrepresented citizens. Such arrangements, however, are not a 
precondition for providing consular protection to unrepresented citizens. It should be 
clarified that, in cases where such arrangements have been concluded, it is incumbent 
on  the  authorities  of  the  Member  State  approached,  not  the  citizen  concerned,  to 
transfer the application to the relevant embassy or consulate. 

EN 

2 

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(10)  Where  a  crisis  situation  results  in  a  large  number  of  applications  for  consular 
protection, the embassies and consulates of the Member States represented in the third 
country  concerned  should  be  given  the  possibility  to  agree  to  distribute  applications 
based on available capacity with a view to making best use thereof. For that purpose, 
they may be assisted by Union delegations. 

(11)  Applications  should  not  be  transferred  if  consular  protection  would  thereby  be 
compromised, in particular if the urgency of the matter requires immediate action by 
the embassy or consulate of the Member State approached. That could be the case, for 
example,  in  cases  of  serious  medical  emergencies  or  seemingly  arbitrary  arrests.  In 
addition, unrepresented citizens should be kept informed about any such transfers. 

(12)  Article  9  of  Directive  (EU)  2015/637  lists,  in  a  non-exhaustive  manner,  the  most 
common situations in which unrepresented citizens may seek consular assistance from 
represented  Member  States.  For  reasons  of  legal  clarity,  it  should  nevertheless  be 
clarified  that  the  types  of  assistance  cover  both  evacuations,  that  is,  the  rescue  and 
transfer of persons from areas affected by an emergency to a safe location, which can 
be in in the same country or another third country, as well as repatriations, that is, the 
transfer of persons to the territory of the Member States. 

(13)  When providing consular protection to unrepresented citizens, Member States should 
take  into  account  the  specific  needs  of  vulnerable  groups,  such  as  unaccompanied 
minors, pregnant  women,  persons with  reduced  mobility,  persons with  disabilities  or 
individuals at risk of discrimination on any ground such as those referred to in Article 
21 of the Charter. 

(14) 

It is necessary to ensure optimal access to justice for Union citizens victimised in third 
countries,  which  requires  closer  contact  and  cooperation  between  authorities  and 
support  organisations  of  third  countries  and  consular  authorities  and  support 
organisations of Member States.  

(15)  For the sake of legal  clarity, the reference to  emergency travel  documents should be 

updated following the adoption of Council Directive (EU) 2019/9973. 

(16)  Where  appropriate  and  necessary  to  provide  consular  protection,  Member  States 
should  also  be  entitled  to  involve,  in  their  coordination  and  cooperation  measures, 
their security and military personnel, honorary consuls, international organisations or 
diplomatic  and  consular  authorities  of  third  countries.  This  may  be  particularly 
relevant in crisis situations.   

(17)  Recent  events  have  highlighted  the  important  contribution  of  Union  delegations,  in 
close cooperation with Member States, to the implementation of the right to consular 
protection. This has been the case in particular in third countries  where few Member 
States are represented, in crisis situations, and as regards the exchange of information. 
Against  this  background,  it  is  appropriate  to  clarify  the  supporting  role  of  Union 
delegations  in  the  implementation  of  the  right  to  consular  protection.  For  reasons  of 
consistency  and  business  continuity,  Union  delegations  should  normally  chair  local 
consular cooperation meetings and lead the setting up and agreement of joint consular 
contingency  plans.  In  order  to  ensure  coordination  and  effective  protection  of 

3 

EN 

Council Directive (EU) 2019/997 of 18 June 2019 establishing an EU Emergency Travel Document and 
ELI: 
96/409/CFSP 
repealing 
http://data.europa.eu/eli/dir/2019/997/oj). 

20.6.2019, 

Decision 

163, 

(OJ 

1, 

p. 

L 

3 

  EN 

 
unrepresented citizens, Union delegations should also take part in the coordination of 
crisis response in close cooperation with the Member States. 

(18)  Directive  (EU)  2015/637  sets  out  practical  means  by  which  Union  delegations  can, 
pursuant  to  Article  35  of  the  Treaty  on  European  Union  (TEU),  contribute  to  the 
implementation of the right of consular protection. When supporting Member States in 
the  provision  of  consular  protection  to  unrepresented  citizens,  Union  delegations 
should  do  so  upon  request  by  Member  States  and  on  a  resource-neutral  basis,  as 
provided  for  in  Article  5(10)  of  Council  Decision  2010/427/EU4.  In  this  context, 
Member  States  should  also  be  able  to  request  Union  delegations  to  perform  specific 
consular  assistance  tasks,  including  those  referred  to  in  Article  9  of  Directive  (EU) 
2015/637. To be able to carry out their supporting tasks, Union delegations should be 
provided  with  all  the  relevant  information  by  the  assisting  Member  State  or,  as  the 
case may be, the Member State of nationality. 

(19) 

In  order  to  ensure  preparedness  regarding  possible  consular  crises  requiring  the 
provision  of  assistance  to  unrepresented  citizens,  local  consular  cooperation  among 
Member States and Union delegations in third countries should include exchanges on 
matters relevant to such citizens, including their security and safety, the establishment 
of joint consular contingency plans and the organisation of consular exercises. In this 
context,  it  can  be  particularly  relevant  for  the  consular  authorities  of  unrepresented 
Member States to be included in such local consular cooperation when coordinating on 
consular crisis preparedness and response.  

(20)  Consular  crisis  preparedness  is  an  essential  requirement  to  ensure  effective  consular 
crisis  response.  Member  States,  supported  by  the  European  External  Action  Service 
(EEAS), should therefore ensure that adequate consular preparedness measures for the 
protection  of  unrepresented  citizens  are  discussed  and  implemented  in  all  third 
countries.    

(21)  Past  crises  have  shown  the  relevance  of  contingency  planning  and  the  usefulness  of 
joint  consular  contingency  plans,  known  as  ‘Joint  EU  Consular  Crisis  Preparedness 
Frameworks’,  in  third  countries,  involving  the  participation  of  the  diplomatic  and 
consular  authorities  of  all  Member  States,  as  well  as  of  the  local  Union  delegation. 
Such  plans  should  be  tailored  to  local  circumstances,  set  a  clear  division  of 
responsibilities  between  represented  and  non-represented  Member  States  and  the 
Union  delegation  and  include  a  set  of  procedures  and  activities  to  be  carried  out  at 
local  level  in  case  of  a  crisis,  with  a  specific  attention  to  the  consular  protection  of 
unrepresented citizens.  

(22)  The  effectiveness  of  existing  coordination  measures  set  out  in  Directive  (EU) 
2015/637  should  be  enhanced  by  making  the  preparation  and  annual  update  of  joint 
consular  contingency  plans  mandatory  for  all  third  countries,  even  if  their  level  of 
detail  may  differ  depending  on  local  circumstances.  For  that  purpose,  the  essential 
elements  of  such  plans  should  be  established,  such  as  an  analysis  of  the  consular 
situation  in  the  third  country  concerned,  including  a  risk  assessment  of  the  most 
plausible  scenarios  affecting  unrepresented  citizens,  arrangements  for  consular  crisis 
preparedness,  communication  within  local  consular  cooperation  and  with  Union 
citizens, and cooperation with local authorities and relevant third countries. 

4 

EN 

Council  Decision  2010/427/EU  of  26  July  2010  establishing  the  organisation  and  functioning  of  the 
ELI: 
(OJ 
European 
http://data.europa.eu/eli/dec/2010/427/oj). 

3.8.2010, 

External 

Service 

Action 

201, 

30, 

p. 

L 

4 

  EN 

 
(23) 

Joint consular contingency plans should also take into account, where appropriate, the 
roles and responsibilities of Lead States, that is, Member States represented in a given 
third  country  that  are  in  charge  of  coordinating  and  leading  the  assistance  of 
unrepresented  citizens  during  crises,  to  ensure  the  effective  coordination  of  consular 
assistance. In addition, joint consular contingency plans should be evaluated annually 
in  the context of consular exercises  to  ensure their continued relevance. At the same 
time, joint consular contingency plans should not be understood as replacing existing 
national  crisis  plans  of  Member  States  or  affecting  their  responsibility  to  provide 
consular assistance to their own nationals. 

(24)  The  estimated  number  and  location  of  Union  citizens  present  in  a  third  country  is 
crucial  information  for  the  preparation  of  a  joint  consular  contingency  plan,  notably 
where  an  evacuation  or  repatriation  becomes  necessary.  In  addition,  Union  citizens 
should be able to receive relevant information from their Member State of nationality 
in case of a crisis. It is therefore important that Member States provide their citizens 
with  the  possibility  to  register  with  or  inform  competent  national  authorities,  by 
appropriate means and tools, of their travels to or residence in third countries. For that 
purpose, Member States should, in accordance with Union and national law regarding 
personal  data  protection,  lay  down  the  categories  of  personal  data  required  and  the 
retention periods of such data. 

(25)  Travel advice, that is, information issued by Member States about the relative safety of 
travelling to specific third countries, enables travellers to make an informed decision 
about  a  particular  travel  destination,  including  third  countries  where  their  Member 
State  of  nationality  is  not  represented.  While  the  issuance  of  travel  advice  is  the 
responsibility  of  Member  States,  it  is  appropriate  that  they  coordinate  on  that  topic, 
notably  in  the  context  of  crisis  situations,  with  a  view  to  ensuring,  to  the  extent 
possible,  consistency  in  the  level  of  advice  given.  This  could  include  agreeing  on  a 
common  structure  of  the  levels  of  risk  indicated  in  travel  advice,  making  use  of  the 
secure platform of the EEAS. Where possible, such coordination should take place at 
an  early  stage  when  Member  States  are  planning  to  change  the  level  of  their  travel 
advice. 

(26)  Efficient  coordination  is  vital  to  ensure  effective  crisis  response.  To  ensure  such 
coordination, Member States should be supported by the Crisis Response Centre of the 
EEAS  and  the  Emergency  Response  Coordination  Centre  of  the  Commission. 
Coordinated  Union  crisis  response  is  particularly  important  in  cases  requiring 
evacuations to ensure that available support is provided efficiently, and that best use is 
made  of  available  evacuation  capacities.  For  that  reason,  information  on  available 
evacuation capacity should be shared in a timely manner, including in case of rescue 
and evacuation operations using military assets. 

(27)  The  COVID-19  pandemic  highlighted  the  need  for  Member  States  to  work  together 
and support each other in the context of multi-disciplinary crisis teams referred to as 
joint  consular  teams.  The  deployment  of  a  joint  consular  team  to  a  third  country  in 
crisis  situations  can  be  critical  in  helping  to  prevent  that  the  consular  authorities  of 
represented Member States become overwhelmed with the demands of the situation. 

(28) 

Joint  consular  teams  should  be  based  on  the  principles  of  voluntary  participation, 
solidarity  with  represented  Member  States,  equality  with  regard  to  decisions  on 
internal working structures, simplicity regarding composition of teams, cost-sharing – 
with each Member State, Union institution or body bearing its own operational costs – 

EN 

5 

  EN 

flexibility, visibility of the coordinated Union response and openness to relevant third 
countries. 

(29)  To  make  best  use  of  available  capacity  in  crisis  situations,  the  deployment  of  joint 
consular  teams  should  ensure  synergies  with  other  crisis  response  measures,  such  as 
transporting 
by 
humanitarian assistance.  

taking  advantage  of  outgoing  repatriation  flights  or  flights 

(30)  To  support  Union  citizens  in  need,  it  is  important  to  provide  them  with  reliable 
information on how to avail themselves of consular assistance in third countries. The 
Commission  services  and  the  EEAS  should  contribute  to  that  objective  by 
disseminating relevant information, including information to be provided by Member 
States  on  their  consular  networks  and  third  countries  where  they  have  concluded 
practical arrangements on sharing responsibilities for providing consular protection to 
unrepresented  citizens.  To  facilitate  the  processing  of  such  information,  it  should  be 
provided in machine-readable format.  

(31)  Member States should take additional measures to further contribute to raising Union 
citizen’s  awareness  of  their  right  to  consular  protection,  also  taking  into  account  the 
specific  needs  of  persons  with  disabilities.  Given  the  limited  costs  it  entails  for  the 
Member  States,  one  possible  way  to  do  so  would  be  to  reproduce  the  wording  of 
Article 23 TFEU in passports issued by Member States as a way to enhance citizens’ 
awareness of the right to protection by diplomatic and consular authorities, as already 
recommended by Commission Recommendation C(2007) 58415. Member States could 
also feature information on the right to consular protection enjoyed by unrepresented 
citizens in travel advice and campaigns relating to consular assistance. They could also 
cooperate with passenger transport service providers and transport hubs offering travel 
to  third  countries,  for  example  by  inviting  them  to  add  relevant  information  on  the 
right to consular protection to the information materials made available to customers. 

(32)  The  financial  provisions  of  Directive  (EU)  2015/637  should  be  adapted  to  simplify 
reimbursements  and  continue  ensuring  financial  burden-sharing.  In  particular,  it 
should  be  possible  for  unrepresented  citizens  to  directly  reimburse  costs,  under  the 
same conditions as nationals of the assisting Member State, for the service provided by 
that  Member  State  to  avoid  the  administrative  burden  resulting  from  seeking 
reimbursements from the citizen’s Member State of nationality.  In addition, Member 
States  should  also  be  allowed  to  waive  the  charging  of  such  costs.  As,  in  certain 
situations, unrepresented citizens may not be able to pay when making the request for 
assistance, notably when their cash and means to access funds have been stolen, it is 
necessary  to  provide  that  they  may  be  required  by  the  consular  authorities  of  the 
assisting  Member  State  to  sign  an  undertaking  to  repay.  On  the  basis  of  such  an 
undertaking,  the  authorities  of  the  assisting  Member  State  may  ask  for  the 
reimbursement  of  the  costs  once  four  weeks  have  passed  since  the  assistance  was 
provided.  

(33) 

In cases  where  the costs have not been  repaid  by the citizen directly, that is,  neither 
immediately when making the request or at a later stage when having been requested 
to  do so  by the assisting Member State on the basis of the undertaking  to repay, the 
assisting  Member  State  should  be  entitled  to  ask  for  the  reimbursement  of  the  costs 
due  from  the  unrepresented  citizen’s  Member  State  of  nationality.  To  avoid  being 

5 

Commission Recommendation C(2007) 5841 of 5 December 2007 on reproducing the text of Article 20 
TEC in passports (OJ L 118, 6.5.2008, p. 30, ELI: http://data.europa.eu/eli/reco/2008/355/oj). 

EN 

6 

  EN 

 
faced with requests for reimbursement after long periods, the assisting Member State 
and  Member  State  of  nationality  should  be  given  a  reasonable  deadline  to, 
respectively, make the request and reimbursement. 

(34)  Member  States  should  reimburse  Union  delegations  for  their  support  in  providing 
consular protection to unrepresented citizens to ensure that such support is provided on 
a resource-neutral basis, as required by Article 5(10) of Decision 2010/427/EU.  

(35)  The forms included in Annexes I and II to Directive (EU) 2015/637 are outdated and 
should thus be deleted. This should not prevent Member States currently providing for 
the  use  of  those  forms  in  their  national  laws  from  continuing  to  use  them  after  the 
adoption of this Directive. 

(36)  When  providing  assistance  in  crisis  situations,  it  may  not  be  possible  or  practically 
feasible  to  distinguish  between  unrepresented  and  represented  citizens  and  the 
possibility  to  provide  assistance  to  unrepresented  persons  may  require  or  imply  the 
assistance to Union citizens who may also be represented. It should be clarified that in 
the 
such  situations, 
reimbursement  of  costs  should  also  apply  to  consular  protection  provided  by  the 
assisting Member State to represented citizens of another Member State. This should 
avoid the existence of two separate reimbursement procedures depending on whether 
the assisted citizen is to be considered as represented or unrepresented. 

the  provisions  of  Directive  (EU)  2015/637  regarding 

(37)  Where  the  Union  Civil  Protection  Mechanism  is  used,  in  accordance  with  Article 
16(7) of Decision No 1313/2013/EU of the European Parliament and of the Council6, 
to provide civil protection support to consular assistance to Union citizens in disasters 
in  third  countries,  the  financial  provisions  in  that  Decision  apply.  In  particular,  the 
Member States applying for financial assistance and benefitting from such assistance 
are  to  provide  the  Commission  with  information  about  financial  contributions 
collected from other sources, including the Member States and citizens assisted, and to 
ensure that there is no double funding received from other sources.  

(38) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Directive 
regarding  the  machine-readable  format  to  be  used  by  Member  States  to  provide 
information  and  the  forms  to  be  used  in  the  context  of  the  financial  procedures, 
implementing powers should be conferred on the Commission. Those powers should 
be  exercised  in  accordance  with  Regulation  (EU)  No  182/2011  of  the  European 
Parliament and of the Council7.  

(39)  The provision of consular protection to unrepresented citizens requires the processing 
of  personal  data  for  the  purpose  of  verifying  the  identity  of  the  person  who  seeks 
consular  protection,  cooperating  and  coordinating  among  the  authorities  of  the 
assisting  Member  State  and  the  Member  State  of  nationality,  carrying  out  the 
assistance  requested,  processing  of  financial  reimbursement  requests,  and  the 
exchange  of  relevant  contact  information.  Any  processing  of  personal  data  by  the 
Member  States  should  comply  with  Regulation  (EU)  2016/679  of  the  European 

6 

7 

Protection  Mechanism 

Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a 
ELI: 
Union  Civil 
http://data.europa.eu/eli/dec/2013/1313/oj). 
Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
laying down the rules and general principles concerning mechanisms for control by the Member States 
of  the  Commission's  exercise  of  implementing  powers  (OJ  L  55,  28.2.2011,  p.  13,  ELI: 
http://data.europa.eu/eli/reg/2011/182/oj). 

20.12.2013, 

924, 

347, 

(OJ 

p. 

L 

EN 

7 

  EN 

 
Parliament and of the Council8, including the principles of purpose limitation and data 
minimisation. Similarly, processing of personal data by Union institutions and bodies 
within the meaning of Regulation (EU) 2018/1725 of the European Parliament and of 
the Council9 should comply with the rules set out in that Regulation. 

(40)  Given that consular tasks can vary significantly, covering sensitive situations such as 
arrest, incarceration, injury or being a victim of a crime, it is necessary to ensure that 
competent authorities of the Member States and relevant Union institutions and bodies 
have  access  to  and  can  exchange  all  the  necessary  information,  including  personal 
data, that is required to provide consular protection to Union citizens. In that context, 
the  competent  authorities  of  the  Member  States  and,  where  they  provide  support, 
Union  institutions  and  bodies  should  be  entitled  to  process  special  categories  of 
personal data, where doing so is strictly necessary to provide consular protection to the 
person concerned. This should cover health data, which may need to be processed in 
order  to  provide  consular  protection  to  an  unrepresented  citizen  who  has  been 
seriously  injured  or  has  fallen  seriously  ill.  Persons’  facial  images  need  to  be 
processed notably in cases where an EU Emergency Travel Document is to be issued. 
Providing  assistance  to  an  unrepresented  citizen,  including  in  the  defence  of  legal 
claims, may also exceptionally require the processing of personal data revealing racial 
or  ethnic  origin,  political  opinions,  religious  or  philosophical  beliefs,  or  trade  union 
membership,  or  data  concerning  sexual  orientation.  In  certain  cases,  providing 
consular  assistance  may  also  require  the  processing  of  genetic  data,  such  as  when 
providing  assistance  in  the  context  of  serious  accidents  requiring  the  unique 
identification  of  an  incapacitated  person  or  in  the  context  of  establishing  paternity. 
Finally, consular cases linked to arrest or detention may likely require the competent 
authorities to process personal data relating to criminal convictions and offences. 

(41)  When processing such special categories of personal data, the competent authorities of 
the  Member  States  and  Union  institutions  and  bodies  should  ensure  suitable  and 
specific  measures  to  safeguard  data  subjects’  interests.  This  should  include,  where 
possible,  encrypting  such  personal  data  and  specific  attribution  of  access  rights  for 
personnel who have access to the specified types of special categories of personal data. 

(42)  Where  the  provision  of  consular  protection  requires  the  transfer  of  personal  data  of 
Union  citizens  to  third  countries  or  international  organisations,  such  as  the  United 
Nations,  collaborating  in  the  crisis  response  measures,  such  transfers  should  comply 
with  Chapter  V  of  Regulation  (EU)  2016/679  and  Chapter  V  of  Regulation  (EU) 
2018/1725. 

(43) 

It is necessary to further specify safeguards applicable to the personal data processed, 
such  as  the  maximum  retention  period  of  personal  data  collected.  To  ensure  the 
collection of any applicable costs, a maximum retention  period of  12 months for the 
assisting  Member  State  or  Union  institutions  and  bodies  and  24  months  for  the 

8 

9 

Regulation  (EU)  2016/679  of  the  European  Parliament  and  of  the  Council  of  27  April  2016  on  the 
protection of natural persons with regard to the processing of personal data and on the free movement of 
such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, 
p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj). 
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the 
protection of natural persons with regard to the processing of personal data by the Union institutions, 
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 
39,  ELI: 
and  Decision  No 
45/2001 
http://data.europa.eu/eli/reg/2018/1725/oj). 

1247/2002/EC 

21.11.2018, 

(OJ  L 

295, 

p. 

EN 

8 

  EN 

 
Member State of nationality is necessary. The longer retention period applicable to the 
Member  State  of  nationality  is  also  necessary  to  prevent  possible  abuses  or  other 
fraudulent  activities,  including  by  persons  who  repeatedly  seek  consular  protection 
and  attempt  to  conceal  such  behaviour  by  approaching  the  consular  authorities  of 
different Member States. Finally, where the personal data concerns the contact details 
of public officials such as honorary consuls, the personal data should be retained for as 
long  as  the  person  remains  the  relevant  contact. The  erasure  of  personal  data  of 
applicants should not affect Member States’ abilities to monitor the application of this 
Directive. 

(44)  Pursuant to Article 47 of the Charter, everyone whose rights guaranteed by Union law 
are  violated  must  have  the  right  to  an  effective  remedy.  To  implement  this 
fundamental  right  in  the  context  of  consular  protection,  a  provision  on  legal  redress 
should be added to Directive (EU) 2015/637.  

(45)  Directive (EU) 2015/637 should therefore be amended accordingly. 

(46)  Since the objectives of this Directive cannot be sufficiently achieved by the Member 
States but can rather, by reason of the need to adapt existing rules at Union level, be 
better achieved at Union level, the Union may adopt measures, in accordance with the 
principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle 
of proportionality, as set out in that Article, this Directive does not go beyond what is 
necessary in order to achieve those objectives. 

(47) 

In accordance with  the Joint Political  Declaration  of 28 September 2011  of Member 
States  and  the  Commission  on  explanatory  documents10,  Member  States  have 
undertaken  to  accompany,  in  justified  cases,  the  notification  of  their  transposition 
measures  with  one  or  more  documents  explaining  the  relationship  between  the 
components  of  a  directive  and  the  corresponding  parts  of  national  transposition 
instruments. With regard to this Directive, the legislator considers the transmission of 
such documents to be justified. 

(48)  The  European  Data  Protection  Supervisor  was  consulted  in  accordance  with  Article 

42(1) of Regulation (EU) 2018/1725 and delivered an opinion on XXXX11, 

HAS ADOPTED THIS DIRECTIVE: 

Directive (EU) 2015/637 is amended as follows: 

(1) 

Articles 6 and 7 are replaced by the following: 

Article 1 

‘Article 6 
Absence of representation 

1. 

For the purposes of this Directive, a Member State is not represented in a third 
country  if  it  has  no  embassy  or  consulate  established  there  on  a  permanent 
basis,  or  if  it  has  no  embassy  or  consulate  there  which  is  effectively  in  a 
position to provide consular protection in a given case. 

10 
11 

OJ C 369, 17.12.2011, p. 14. 
OJ C […], […], p. […]. 

EN 

9 

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2. 

To determine whether a  Member State has no  embassy or consulate which is 
effectively  in  a  position  to  provide  consular  protection  in  a  given  case,  the 
embassy  or  consulate  from  which  the  unrepresented  citizen  seeks  consular 
protection  shall  take  into  account  the  following  criteria,  in  light  of  local 
circumstances: 

(a) 

the difficulty  for the  citizen concerned to  safely  reach or be  reached by 
the embassy or consulate of his or her Member State of nationality within 
a reasonable period of time, taking into account the nature and urgency of 
the assistance requested and the means available to the citizen; 

(b)  possible closures of the embassy or consulate of his or her Member State 
of  nationality,  including  when  it  cannot  be  confirmed,  within  a 
reasonable period of time, as operational and accessible; 

(c)  whether, by redirecting the citizen to the embassy or consulate of his or 
her  Member  State  of  nationality,  consular  protection  would  likely  be 
compromised,  in  particular  if  the  urgency  of  the  matter  requires 
immediate action by the requested embassy or consulate. 

3. 

For  the  purpose  of  determining,  in  accordance  with  paragraph  2,  whether  a 
Member State has an embassy or consulate which is effectively in a position to 
provide consular protection in a given case, the presence of an honorary consul 
of the citizen’s Member State of nationality may only be taken into account if 
the  assistance  requested  by  the  citizen  is  covered  by  the  competences  of  the 
honorary consul. 

Article 7 
Access to consular protection and other arrangements 

1.  Unrepresented citizens shall be entitled to seek protection from the embassy or 

consulate of any Member State. 

2.  Without prejudice to Article 2, a Member State may represent another Member 
State on a permanent basis and Member States’ embassies or consulates may, 
wherever  deemed  necessary,  conclude  practical  arrangements  on  sharing 
responsibilities for providing consular protection to unrepresented citizens. 

In  such  cases,  an  embassy  or  consulate  from  which  the  unrepresented  citizen 
seeks consular protection, and which is not designated as competent according 
to  the  specific  arrangement  in  place,  shall  transfer  the  application  from  the 
citizen to the relevant embassy or consulate, unless consular protection would 
thereby  be  compromised,  in  particular  if  the  urgency  of  the  matter  requires 
immediate action by the requested embassy or consulate. 

3.  Where a crisis situation results in a large number of applications for consular 
protection, the embassies  and consulates of the  Member States represented in 
the third country concerned may, supported by the Union delegation, agree to 
distribute  applications  based  on  available  capacity,  unless  consular  protection 
would  thereby  be  compromised,  in  particular  if  the  urgency  of  the  matter 
requires  immediate  action  by  the  requested  embassy  or  consulate.  Such 
distribution  may  also  be  pre-agreed  in  the  context  of  a  joint  consular 
contingency  plan  referred  to  in  Article  13  and  may  derogate  from  practical 
arrangements that have been concluded in accordance with paragraph 2. 

EN 

10 

  EN 

4.  Unrepresented  citizens  who  seek  protection  pursuant  to  paragraph  1  shall  be 

kept informed of any transfers pursuant to paragraphs 2 or 3.’; 

(2) 

in Article 9, points (e) and (f) are replaced by the following: 

‘(e) relief, evacuation and repatriation in case of an emergency; 

(f)  need  for  an  EU  Emergency  Travel  Document  established  by  Directive  (EU) 
2019/997*. 

_______________ 

*  Council Directive (EU) 2019/997 of 18 June 2019 establishing an EU Emergency 
Travel  Document and repealing Decision 96/409/CFSP (OJ L 163, 20.6.2019, p. 1, 
ELI: http://data.europa.eu/eli/dir/2019/997/oj).’; 

(3) 

Article 10 is amended as follows: 

(a) 

paragraph 4 is replaced by the following: 

‘4. Member States shall notify the  European External Action Service (EEAS) 
through its secure internet site of the relevant contact point(s) in the Ministries 
of Foreign Affairs.’; 

(b) 

the following paragraph 5 is added: 

‘5.  Where  appropriate  and  necessary  to  provide  consular  protection,  Member 
States  may  also  involve,  in  their  coordination  and  cooperation  measures, 
honorary  consuls  and  their  security  and  military  personnel,  international 
organisations or diplomatic and consular authorities of third countries.’; 

(4) 

Articles 11, 12 and 13 are replaced by the following: 

‘Article 11 
The role of Union delegations 

1.   Union delegations shall closely cooperate and coordinate with Member States’ 
embassies  and  consulates  to  contribute  to  local  consular  cooperation,  crisis 
preparedness and crisis response, in particular by: 

(a) 

(b) 

(c) 

providing  available  logistical  support,  including  office  accommodation 
and  organisational  facilities,  such  as  temporary  accommodation  for 
consular staff and joint consular teams referred to in Article 13a(2); 

facilitating  the  exchange  of  information  between  Member  States’ 
embassies and consulates; 

facilitating,  where  appropriate,  the  exchange  of  information  with  local 
authorities,  diplomatic  and  consular  authorities  of  third  countries  and 
international organisations; 

(d)  making  general 

that 
unrepresented  citizens  could  be  entitled  to,  particularly  about  agreed 
practical arrangements if applicable; 

information  available  about 

the  assistance 

(e) 

(f) 

chairing local consular cooperation meetings referred to in Article 12(2); 

coordinating the setting up and agreement of joint consular contingency 
plans referred to in Article 13; 

EN 

11 

  EN 

(g)  participating in crisis response activities in accordance with Article 13a, 
including,  where  relevant  and  appropriate,  by  providing  support  to  the 
Lead State.  

2.   Union  delegations  shall  support  Member  States  in  the  provision  of  consular 
protection  to  unrepresented  citizens  in  accordance  with  Article  5(10)  of 
Decision  2010/427/EU.  Such  support  may  include  carrying  out,  upon  request 
by  and  on  behalf  of  Member  States,  specific  consular  assistance  tasks.  The 
assisting Member State and the Member State of nationality shall provide the 
Union delegation with all the relevant information in the case concerned. 

Article 12 
Local consular cooperation 

1.    The consular authorities of the Member States and the Union delegation shall 

engage in local consular cooperation within each third country. 

2.   Local consular cooperation meetings shall include regular exchanges on:  

(a) 

(b) 

(c) 

the security and safety of Union citizens and on other matters relevant to 
them; 

the  drafting  and  delivery  of  joint  consular  demarches  to  third  country 
authorities, where relevant; 

the setting up, agreement and review of joint consular contingency plans 
referred to in Article 13; 

(d) 

the organisation of joint consular exercises; 

(e) 

practical  arrangements  referred  to  in  Article  7(2)  to  ensure  that 
unrepresented  citizens  are  effectively  protected  in  the  third  country 
concerned.  

3.   Unless otherwise agreed by the consular authorities of the Member States, the 
Chair  shall  be  a  representative  of  the  Union  delegation.  Where  no  Union 
delegation  is  present,  meetings  shall  be  chaired  by  a  representative  of  a 
Member State. 

Article 13 
Crisis preparedness 

1.  

In the context of local consular cooperation referred to in Article 12, Member 
States and the EEAS shall set up and agree  a joint consular contingency plan 
for  each  third  country.  The  joint  consular  contingency  plan  shall  be  updated 
annually and contain: 

(a) 

(b) 

an  analysis  of  the  consular  situation  in  the  country,  including  an 
overview  of  Member  State  embassies  or  consulates,  an  estimate  of  the 
number and location of Union citizens, and a risk assessment of the most 
plausible scenarios affecting Union citizens; 

consular 

joint 
including 
preparedness 
communication channels  and  contacts  within local  consular cooperation 
and with local authorities and relevant third countries; 

arrangements, 

crisis 

EN 

12 

  EN 

(c) 

joint  consular  crisis  response  arrangements,  including  information-
sharing and communication  processes within local  consular cooperation 
and  with  Union  citizens,  crisis  meetings,  cooperation  with  local 
authorities and relevant third countries and crisis and post-crisis actions;  

(d)  where  a  Member  State  assumes  the  role  of  Lead  State  in  a  given  third 
its 

in  Article  13a(3),  a  description  of 

to 

country  as  referred 
responsibilities; 

(e) 

other relevant information. 

2.  Where  present,  Union  delegations  shall  coordinate  the  setting  up  and 
agreement of joint consular contingency plans, based on contributions made by 
the  embassies  or  consulates  of  the  Member  States  represented  in  the  third 
country  concerned  and  the  consular  authorities  of  unrepresented  Member 
States. Joint consular contingency plans shall be made available to all Member 
States, the EEAS and the Commission services. 

In third countries where no Union delegation is present, the coordination shall 
be  done  by  the  Chair  of  the  local  consular  cooperation  agreed  pursuant  to 
Article 12(3), supported by the EEAS. 

3.  Member  States  and  Union  delegations  shall  annually  carry  out  consular 
exercises  to  update  and  improve  local  joint  consular  crisis  preparedness  and 
response.  

4.  Member  States  shall,  in  accordance  with  national  law,  provide  their  citizens 
with the possibility to register with or inform competent national authorities, by 
appropriate means and tools, of their travels to or residence in third countries. 

5.  Member States shall exchange information on changes to their travel advice to 
citizens  at  an  early  stage,  in  particular  in  the  context  of  crisis  situations,  and 
shall seek to ensure consistency in the level of travel advice given.’; 

(5) 

in Chapter 2, the following Article 13a is inserted: 

‘Article 13a 
Crisis response  

1. 

In the event of a crisis, the Union and Member States shall closely cooperate to 
ensure  efficient  assistance  for  unrepresented  citizens.  They  shall,  where 
possible,  inform  each  other  of  available  evacuation  capacities  in  a  timely 
manner, including in case of operations using military assets. 

2.  Where  necessary,  Member  States  may  be  supported  by  joint  consular  teams 
composed  of  experts  from  Member  States,  in  particular  from  Member  States 
not  represented  in  the  third  country  affected  by  the  crisis,  the  EEAS  and  the 
Commission  services.  Joint  consular  teams  shall  be  available  for  rapid 
deployment  to  third  countries  affected  by  a  consular  crisis.  Participation  in 
joint consular teams shall be voluntary. 

3.  Where  applicable,  the  Lead  State  or  the  Member  State(s)  coordinating  the 
assistance  shall  be  in  charge  of  coordinating  any  support  provided  for 
unrepresented citizens, with the support of the other Member States concerned, 
the  Union  delegation  and  the  EEAS  central  administration.  Member  States 
shall  provide  the  Lead  State  or  the  Member  State(s)  coordinating  assistance 

EN 

13 

  EN 

with all relevant information regarding their unrepresented citizens present in a 
crisis situation.  

4.  When  providing  assistance,  Member  States  may  seek,  if  appropriate,  support 
from Union instruments such as the crisis management structures of the EEAS 
and its Crisis Response Centre and, via the Emergency Response Coordination 
Centre established by Article 7 of Decision No 1313/2013/EU, the Union Civil 
Protection Mechanism.’; 

(6) 

 the following Chapter 2a is inserted: 

‘CHAPTER 2a 
PROVISION OF INFORMATION 

Article 13b 
Provision and dissemination of information 

1.  At  least  once  per  year,  Member  States  shall  provide  the  Commission  and  the 
High Representative of the Union for Foreign Affairs and Security Policy with 
the following information: 

(a) 

(b) 

(c) 

(d) 

up-to-date lists of contacts for their consular networks; 

lists  of  third  countries  where  they  are  represented  by  another  Member 
State or where they represent another Member State on a permanent basis 
in accordance with Article 7(2); 

practical arrangements concluded pursuant to Article 7(2); 

the  number  of  unrepresented  citizens  having  been  provided  consular 
protection referred to in Article 2 during the previous year, broken down 
by nationality and third country; 

(e) 

the  number  of  reimbursement  requests  submitted  and  received  pursuant 
to Articles 14 and 15 during the previous year. 

Where  a  Member  State  has  decided,  pursuant  to  Article  2(2),  to  apply  this 
Directive  to  the  consular  protection  provided  by  honorary  consuls,  the  list 
referred to in point (a) shall include honorary consuls as well as information on 
the extent to which honorary consuls are competent to provide protection in a 
given case, in particular whether they are empowered to issue EU Emergency 
Travel Documents. 

2.  Member  States,  the  Commission  services  and  the  EEAS  shall  make  the 
information referred to in paragraph 1, points (a), (b) and (c), publicly available 
in a manner that ensures the coherence of the information provided.  

3.  Where  requested  by  the  Commission,  Member  States  shall  provide  the 

information referred to in paragraph 1 in a machine-readable format. 

4. 

The  Commission  may  adopt  implementing  acts  establishing  the  specific 
machine-readable format in which the information referred to in paragraph 1 is 
to be provided. Those implementing acts shall be adopted in  accordance with 
the examination procedure referred to in Article 15a(2). 

EN 

14 

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Article 13c 
Information to Union citizens 

1.  Member States shall take measures to inform their citizens of their right set out 
in Article 20(2), point (c), TFEU. This may include in particular the following 
measures: 

(a) 

(b) 

(c) 

reproducing the first sentence of Article 23 TFEU on national passports; 

including information on the right to consular protection in travel advice 
and campaigns relating to consular protection; 

cooperating  on  information  campaigns  with  passenger  transport  service 
providers and transport hubs offering travel to third countries. 

2. 

The  Commission  services  and  the  EEAS  shall  contribute  to  informing  Union 
citizens about their right to consular protection.’; 

(7) 

Articles 14 and 15 are replaced by the following: 

‘Article 14 
General rules  

1.  Any costs charged by an assisting Member State for the provision of consular 
protection  to  unrepresented  citizens  shall  be  the  same  as  the  costs  it  would 
charge to its own nationals. 

2. 

3. 

If an unrepresented citizen is unable to pay the costs referred to in paragraph 1 
to  the  assisting  Member  State  when  making  a  request  for  assistance,  the 
assisting  Member  State  may  require  the  unrepresented  citizen  to  sign  an 
undertaking  to  repay.  On  that  basis,  the  assisting  Member  State  may  ask  the 
unrepresented citizen concerned to pay such costs once four weeks have passed 
since the assistance was provided.  

Being unable to pay the costs referred to in paragraph 1 when making a request 
for assistance shall not  affect  the right  of the unrepresented citizen to  receive 
consular protection. 

If an unrepresented citizen to whom consular protection was provided has not 
paid  the  costs  referred  to  in  paragraph  1,  neither  when  making  a  request  for 
assistance nor when having  been requested to  do so by the  assisting Member 
State  pursuant  to  paragraph  2,  the  assisting  Member  State  may,  within  12 
months  of  the  date  of  signature  of  the  undertaking  to  repay  referred  to  in 
paragraph 2, ask for the payment of the costs from the unrepresented citizen’s 
Member State of nationality. 

The unrepresented citizen’s Member State of nationality shall reimburse those 
costs within a reasonable period of time not exceeding 12 months from the date 
of  the  request.  The  unrepresented  citizen’s  Member  State  of  nationality  may 
ask the unrepresented citizen concerned to repay such costs.  

4.  When  the  consular  protection  provided  to  an  unrepresented  citizen  involves 
unusually  high  but  essential  and 
travel, 
accommodation  or  translation  for  the  diplomatic  or  consular  authorities,  the 
assisting Member State may, within 12 months of the assistance provided, ask 
for  the  reimbursement  of  such  costs  directly  from  the  unrepresented  citizen's 

justified  costs 

related 

to 

EN 

15 

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Member State of nationality,  which shall reimburse them within a reasonable 
period of time, not exceeding 12 months. 

5.  Member States shall reimburse Union delegations for their support in providing 
consular  protection  to  unrepresented  citizens.  In  that  case,  reimbursement  of 
costs by the citizen’s Member State of nationality shall ensure that the support 
provided by Union delegations is on a resource-neutral basis. 

6. 

1. 

2. 

The Commission may adopt implementing acts establishing standard forms to 
be  used  for  the  undertaking  to  repay  referred  to  in  paragraph  2  and  for  the 
repayment  of  the  costs  from  the  Member  State  of  nationality  referred  to  in 
paragraph 3. Those implementing acts shall be adopted in accordance with the 
examination procedure referred to in Article 15a(2). 

Article 15 
Facilitated procedure in crisis situations  

In crisis  situations,  and  unless the  costs of the support  provided have already 
been  repaid  by  the  unrepresented  citizen  directly,  the  assisting  Member  State 
may seek reimbursement of the costs from the unrepresented citizen’s Member 
State  of  nationality  even  if  the  unrepresented  citizen  has  not  signed  an 
undertaking  to  repay  pursuant  to  Article  14(2).  This  shall  not  prevent  the 
unrepresented citizen’s Member State of nationality from pursuing  repayment 
from the unrepresented citizen concerned on the basis of national rules.  

The assisting Member State may ask the unrepresented citizen’s Member State 
of  nationality  to  reimburse  the  costs  referred  to  in  paragraph  1  on  a  pro-rata 
basis, by dividing the full value of the actual costs incurred by the number of 
citizens assisted. 

3.  Where, in  the crisis  situations  referred to  in  paragraph 1, it is  not  possible or 
practically  feasible  to  distinguish  between  represented  and  unrepresented 
citizens,  and  where  the  possibility  to  provide  assistance  to  unrepresented 
citizens requires or implies assistance to citizens who may also be represented, 
the  procedure  in  paragraphs  1  and  2  shall  also  apply  to  consular  protection 
provided  by  the  assisting  Member  State  to  represented  citizens  of  another 
Member State in crisis situations. 

4. 

Paragraphs 1, 2 and 3 shall apply also to situations where a Union delegation 
has  supported  a  Member  State  in  providing  consular  protection.  In  that  case, 
reimbursement  of  costs  by  the  citizen’s  Member  State  of  nationality  shall 
ensure that the support provided by Union delegations is on a resource-neutral 
basis. 

5.   Reimbursements  requested  pursuant  to  paragraphs  1,  2  and  3  shall  be  taken 
into  account  in  determining  any  contribution  of  the  Union  Civil  Protection 
Mechanism, in accordance with Decision No 1313/2013/EU, for the provision 
of civil protection support to consular assistance to Union citizens in disasters 
in third countries.’; 

(8) 

in Chapter 4, the following Article 15a is inserted: 

EN 

16 

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‘Article 15a 
Committee procedure 

1. 

The Commission shall be assisted by a committee. That committee shall be a 
committee  within  the  meaning  of  Regulation  (EU)  No 182/2011  of  the 
European Parliament and of the Council*. 

2.  Where  reference  is  made  to  this  paragraph,  Article 5  of  Regulation  (EU) 

No 182/2011 shall apply. 

____________ 

*  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 
16  February  2011  laying  down  the  rules  and  general  principles  concerning 
mechanisms  for  control  by  Member  States  of  the  Commission’s  exercise  of 
implementing 
ELI: 
powers 
http://data.europa.eu/eli/reg/2011/182/oj).’; 

28.2.2011, 

(OJ 

13, 

55, 

p. 

L 

(9) 

the following Articles 16a and 16b are inserted: 

‘Article 16a 
Protection of personal data 

1. 

For  the  purposes  of  this  Directive,  the  competent  authorities  of  the 
Member States shall process personal data only to: 

(a) 

transmit  the  application  of  a  person  seeking  consular  protection  in 
accordance with Article 3 or Article 7; 

(b)  verify the identity of a person seeking consular protection in accordance 

with the procedure set out in Article 8; 

(c) 

(d) 

(e) 

(f) 

provide consular protection to that person, in particular by providing the 
types of assistance referred to in Article 9; 

cooperate, coordinate and provide support in accordance with Article 10, 
Article 11, Article 13(1) and Article 13a; 

provide  the  contact  information  referred  to  in  Article  10(4)  and  Article 
13b(1); 

process  financial  reimbursement  requests  regarding 
protection provided in accordance with Article 14 and Article 15. 

the  consular 

2. 

Processing  of  personal  data  by  Union  institutions  and  bodies  within  the 
meaning of Regulation (EU) 2018/1725 of the European Parliament and of the 
Council*  for  the  purposes  of  this  Directive  shall  take  place  only  where 
necessary to carry out the tasks referred to in Article 10(1), Article 11, Article 
13  and  Article  13a,  to  process  information  received  pursuant  to  Article  10(4) 
and  Article  13b(1),  or  to  process  financial  reimbursement  requests  in 
accordance with Article 14(5) and Article 15(4). 

3.  When processing personal data pursuant to paragraphs 1 and 2, the competent 
authorities  of  Member  States  and  Union  institutions  and  bodies  shall  be 
considered, within the scope of their respective activities under this Directive, 
as  the  controller  referred  to,  respectively,  in  Article  4(7)  of  Regulation  (EU) 
2016/679 of the European Parliament and of the Council** and Article 3(8) of 
Regulation (EU) 2018/1725. 

EN 

17 

  EN 

4. 

5. 

Personal data processed pursuant to paragraphs 1 and 2 shall be limited to what 
is necessary to  carry out the tasks referred therein, such as the identity of the 
person  in  need  of  consular  protection  and  the  circumstances  of  the  consular 
case. 

The  competent  authorities  of  the  Member  States  and  Union  institutions  and 
bodies  may  process  personal  data  revealing  racial  or  ethnic  origin,  political 
opinions, religious or philosophical beliefs, or trade union membership, genetic 
data,  biometric  data  for  the  purpose  of  uniquely  identifying  a  natural  person, 
data  concerning  health,  data  concerning  sex  life  or  sexual  orientation  or 
personal data relating to criminal convictions and offences of a person in need 
of consular protection where doing so is strictly  necessary to be able  to carry 
out the tasks referred to in Article 9, Article 10, Article 11 and Article 13a in 
relation to that person. 

6.  When  processing  the  personal  data  referred  to  in  paragraph  5,  the  competent 
authorities of the Member States and Union institutions and bodies shall ensure 
suitable and specific measures to safeguard data subjects’ interests. They shall 
also  introduce  internal  policies  and  undertake  necessary  technical  and 
organisational  measures  to  prevent  unauthorised  access  and  transmission  of 
such personal data. 

7. 

8. 

For  the  purposes  of  this  Directive,  the  competent  authorities  of  the  Member 
States  shall  transfer  personal  data  to  a  third  country  or  international 
organisation only to carry out the tasks referred to in Article 9, Article 10 and 
Article 13a and in accordance with Chapter V of Regulation (EU) 2016/679. 

For the purposes of this Directive, Union institutions and bodies shall transfer 
personal data to a third country or international organisation only  to carry out 
the  tasks  referred  to  in  Article  10(1),  Article  11  and  Article  13a  and  in 
accordance with Chapter V of Regulation (EU) 2018/1725. 

The  assisting  Member  State,  the  Member  State  of  nationality  and,  where 
applicable,  Union  institutions  and  bodies  shall  retain  the  personal  data  of  an 
assisted person only for as long as necessary to carry out the tasks referred to in 
paragraphs 1 and 2. In no case shall that personal data be retained longer than 
12 months by the assisting Member State and Union institutions and bodies, or 
longer  than  24  months  by  the  Member  State  of  nationality,  from  the  date  of 
collection.  Contact  details  exchanged  in  accordance  with  Article  10(4)  and 
Article  13b(1)  shall  only  be  retained  for  as  long  as  the  persons  exercise  the 
relevant function. 

The personal data shall be erased as soon as possible after the tasks referred to 
in paragraph 1 or 2 have been completed and at the latest upon the expiry of the 
retention periods referred to in the first subparagraph. 

Article 16b 
Remedies 

Member  States  shall  ensure  that  unrepresented  citizens  have  an  effective  remedy 
under national law in the event of a breach of their rights under this Directive. 

______________ 

EN 

18 

  EN 

*  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 
October  2018  on  the  protection  of  natural  persons  with  regard  to  the  processing  of 
personal data by the Union institutions, bodies, offices and agencies and on the free 
movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 
1247/2002/EC 
ELI: 
(OJ 
http://data.europa.eu/eli/reg/2018/1725/oj). 

21.11.2018, 

295, 

39, 

p. 

L 

** Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 
April  2016  on  the  protection  of  natural  persons  with  regard  to  the  processing  of 
personal  data  and  on  the  free  movement  of  such  data,  and  repealing  Directive 
95/46/EC  (General  Data  Protection  Regulation)  (OJ  L  119,  4.5.2016,  p.  1,  ELI: 
http://data.europa.eu/eli/reg/2016/679/oj).’; 

(10) 

in Article 19, the following paragraph 3 is added: 

‘3.  No  sooner  than  [eight  years  after  the  transposition  deadline  of  the  amending 
Directive],  the  Commission  shall  carry  out  an  evaluation  of  this  Directive  and 
present a report on the main findings to the European Parliament and the Council. 

Member States shall provide the Commission with the information necessary for the 
preparation of that report.’; 

(11) 

Annexes I and II are deleted. 

Article 5(3) of Directive (EU) 2019/997 is replaced by the following: 

Article 2 

‘3. Where applicants are unable to pay any applicable fees to the assisting Member 
State  when  submitting  their  application,  Article 14(2)  and  (3)  and  Article  15  of 
Directive (EU) 2015/637 shall apply.’. 

Article 3 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive by [two years after the entry into 
force] at the latest. They shall forthwith communicate to the Commission the text of 
those provisions. 

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. 

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

Article 4 

EN 

19 

  EN 

This Directive is addressed to the Member States. 

Done at Brussels, 

Article 5 

For the Council 
The President 

EN 

20 

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LEGISLATIVE FINANCIAL STATEMENT 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

Title of the proposal/initiative 

Policy area(s) concerned 

The proposal/initiative relates to: 

Objective(s) 

1. 

1.1. 

1.2. 

1.3. 

1.4. 

1.4.1.  General objective(s) 

1.4.2. 

Specific objective(s) 

1.4.3.  Expected result(s) and impact 

1.4.4. 

Indicators of performance 

1.5. 

Grounds for the proposal/initiative 

1.5.1.  Requirement(s) to be met in the short or long term including a detailed timeline for 

roll-out of the implementation of the initiative 

1.5.2.  Added  value  of  Union  involvement  (it  may  result  from  different  factors,  e.g. 
coordination gains, legal certainty, greater effectiveness or complementarities). For 
the purposes of this point 'added value of Union involvement' is the value resulting 
from  Union  intervention,  which  is  additional  to  the  value  that  would  have  been 
otherwise created by Member States alone. 

1.5.3.  Lessons learned from similar experiences in the past 

1.5.4.  Compatibility  with  the  Multiannual  Financial  Framework  and  possible  synergies 

with other appropriate instruments 

1.5.5.  Assessment  of  the  different  available  financing  options,  including  scope  for 

redeployment 

1.6. 

Duration and financial impact of the proposal/initiative 

1.7.  Method(s) of budget implementation planned 

2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules 

2.2.  Management and control system(s) 

2.2.1. 

2.2.2. 

Justification of the management mode(s), the funding implementation mechanism(s), 
the payment modalities and the control strategy proposed 

Information concerning the risks identified and the internal control system(s) set up 
to mitigate them 

2.2.3.  Estimation and justification of the cost-effectiveness of the controls (ratio of "control 
costs ÷ value of the related funds managed"), and assessment of the expected levels 
of risk of error (at payment & at closure) 

2.3.  Measures to prevent fraud and irregularities 

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

EN 

21 

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3.1. 

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected 

3.2. 

Estimated financial impact of the proposal on appropriations 

3.2.1. 

Summary of estimated impact on operational appropriations 

3.2.2.  Estimated output funded with operational appropriations 

3.2.3. 

Summary of estimated impact on administrative appropriations 

3.2.3.1.  Estimated requirements of human resources 

3.2.4.  Compatibility with the current multiannual financial framework 

3.2.5.  Third-party contributions 

3.3. 

Estimated impact on revenue 

EN 

22 

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1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative 

Proposal  for  a  Council  Directive  amending  Directive  (EU)  2015/637  on  the 
coordination  and  cooperation  measures  to  facilitate  consular  protection  for 
unrepresented citizens of the Union in third countries and Directive (EU) 2019/997 
establishing an EU Emergency Travel Document 

1.2. 

Policy area(s) concerned  

Consular protection 

1.3. 

The proposal/initiative relates to:  

 a new action  

 a new action following a pilot project/preparatory action38  

 the extension of an existing action  

 a merger or redirection of one or more actions towards another/a new action  

1.4. 

Objective(s) 

1.4.1.  General objective 

The overarching general objective of the policy initiative is to improve the exercise 
of the right to consular protection. 

1.4.2. 

Specific objective(s) 

Specific objective No 1 

Enhance  legal  certainty  for  Union  citizens  as  to  the  scope  of  the  right  to  consular 
protection. 

Specific objective No 2 

Ensure  clear  roles,  coordination  and  cooperation  mechanisms  between  Member 
States and Union delegations, including in times of crisis. 

Specific objective No 3 

Improve  the  information  provision  and  communication  with  unrepresented  Union 
citizens. 

Specific objective No 4 

Increase the efficiency and use of the financial reimbursement procedures. 

1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

The impacts of this proposal are expected to adapt the consular protection framework 
to present and future challenges and thus be positive compared to the status quo. A 
clarification  of  the  definition  of  ‘unrepresented  citizen’  will  bring  increased  legal 
certainty,  leading  to  more  effective  consular  assistance  to  Union  citizens.  A 
strengthened  supporting  role  of  Union  delegations  and  a  clearer  division  of  tasks 

38 

As referred to in Article 58(2)(a) or (b) of the Financial Regulation. 

EN 

23 

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between  Member  States  and  Union  delegations  in  local  cooperation  meetings  is 
expected  to  result  in  increased  legal  certainty  and  effectiveness  of  the  Directive’s 
rules  applicable  to  crisis  and  non-crisis  situations.  More  efficient  and  smooth 
coordination would have the effect of better assistance to Union citizens, especially 
in crisis situations, making best use of all Union resources allocated to that task. In 
addition,  more  effective  and  consistent  communication  with  Union  citizens  on 
consular  matters  will  flow  from  enhanced  cooperation  between  Member  States’ 
consular  networks  and  the  Union.  More  registrations  of  citizens  abroad  will  allow 
Member States to better assist them. 

Finally, a simplification and reduction of the current administrative burden for both 
the  assisting  and  the  Member  State  of  nationality  will  increase  the  usefulness  of 
the 
financial  reimbursement  procedures.  What 
reimbursement  mechanism  to  Union  delegations  will  fill  in  a  gap  hindering  their 
practical support to Member States on the provision of assistance to Union citizens. 

the  extension  of 

is  more, 

A more comprehensive overview of the implications of the initiative  is available in 
the impact assessment accompanying the proposal. 

1.4.4. 

Indicators of performance 

Specify the indicators for monitoring progress and achievements. 

Specific objective No 1 

– 

– 

Number of unrepresented Union citizens assisted. 

Number  of  complaints  received,  and  court  cases  launched  by  unrepresented 
Union citizens with respect to violations of their right to consular protection. 

Specific objective No 2 

– 

– 

Number of local consular coordination exercises organised. 

Number and type of support requests from Member State authorities to Union 
delegations. 

Specific objective No 3 

– 

– 

– 

Level  of  awareness  of  Union  citizens  regarding  their  right  to  consular 
protection. 

Number of citizens registering as living or traveling abroad. 

Number  of  awareness-raising  campaigns  and  other  measures  with  similar 
purpose organised at national level. 

Specific objective No 4 

– 

– 

– 

Number of reimbursement requests submitted and received. 

Average time from submission of request to pay out. 

Number of cases where reimbursement is not completed. 

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term including a detailed timeline for 

roll-out of the implementation of the initiative 

A provisional implementation timeline can be illustrated as follows: 

EN 

24 

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2024: Entry into force of the Directive. 

2026: Transposition and application by Member States. 

1.5.2.  Added  value  of  Union  involvement  (it  may  result  from  different  factors,  e.g. 
coordination gains, legal certainty, greater effectiveness or complementarities). For 
the purposes of this point 'added value of Union involvement' is the value resulting 
from  Union  intervention,  which  is  additional  to  the  value  that  would  have  been 
otherwise created by Member States alone. 

As  already  outlined  in  the  impact  assessment  accompanying  the  Commission’s 
proposal for what would become Directive (EU) 2015/63739, providing for common 
Union  standards,  safeguards  and  clear  procedures  for  cooperation  and  coordination 
regarding  unrepresented  citizens  is  better  achieved  at  Union  level.  The  subsidiarity 
justifications  set  out  in  that  impact  assessment  remain  valid.  The  right  to  consular 
protection  remains  a  cross-border  issue  and  an  integral  part  of  Union  citizenship, 
requiring cooperation and coordination at Union level.  

Since  the  expiry  of  its  transposition  deadline  in  2018,  the  Commission  has  closely 
monitored the implementation of Directive (EU) 2015/637 and concluded that further 
action  at  Union  level  is  needed.  Without  timely  and  effective  Union  action,  the 
problems and causes outlined in the impact assessment accompanying this proposal 
would continue to hinder the effective exercise of the right to consular protection.  

Without  action at  Union level, the effectiveness  of  Union  citizens’ rights  related to 
consular  protection  would  continue  to  be  put  at  risk  and  the  added  value  of  Union 
delegations in this context would remain unexploited. 

In particular, fostering cooperation to support Union citizens in need abroad can only 
be  achieved  by  a  coordinated  Union  intervention.  The  Union,  and  in  particular  the 
EEAS  and  the Commission (Directorate-General for European Civil  Protection and 
Humanitarian  Aid  Operations,  DG  ECHO),  are  well  placed  to  take  on  such  a 
coordinating role, in a way and to an extent not possible for Member States acting on 
their own initiative. 

1.5.3.  Lessons learned from similar experiences in the past 

On 2 September 2022, the Commission published a report on the implementation and 
application of Directive (EU) 2015/637.  

The  report  showed  that  Directive  (EU)  2015/637  has  been  mostly  effective  in 
achieving  its  objective  to  facilitate  the  exercise  by  Union  citizens  of  their  rights 
related  to  consular  protection  in  third  countries  where  the  Member  State  of  which 
they are nationals is not represented. 

However,  the  report  noted  that  crises  resulting  in  requests  for  consular  protection 
were  increasing  in  number  and  scale.  The  COVID-19  pandemic  (unprecedented  in 
scale and complexity), the crisis in Afghanistan, Russia’s war of aggression against 
Ukraine,  the  conflict  in  Sudan,  the  repatriations  from  Israel  and  Gaza  and  other 
similar  crises  provided  a  context  to  identify  gaps  and  reflect  on  how  to  strengthen 
Union citizens’ right to consular protection. 

39 

SEC(2011) 1556 final. 

EN 

25 

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The report noted that there was room to clarify and streamline measures in order to 
further  facilitate  the  provision  of  consular  protection  to  unrepresented  citizens, 
including  increasing  legal  certainty  with  respect  to  beneficiaries  and  ensuring  such 
protection regardless of where they are in the world. In addition, consideration could 
be  given  to  improving  information  provision  and  communication  coordination. 
Furthermore,  greater  use  of  foresight  mechanisms  was  needed  for  crisis-
preparedness,  especially  given  the  human  cost  involved  in  failures  to  provide 
adequate  consular  protection.  Moreover,  the  formal  role  of  Union  delegations  and 
their coordination and cooperation with Member States could better reflect the reality 
of their work on the ground, thereby providing for greater legal certainty. 

1.5.4.  Compatibility  with  the  Multiannual  Financial  Framework  and  possible  synergies 

with other appropriate instruments 

This  proposal  is  aligned  with  the  Union  Civil  Protection  Mechanism  (UCPM) 
established by Decision No 1313/2013/EU. 

1.5.5.  Assessment  of  the  different  available  financing  options,  including  scope  for 

redeployment 

The costs necessary will be financed from existing budgetary means. 

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1.6. 

Duration and financial impact of the proposal/initiative 

 limited duration  

–    in effect from [DD/MM]YYYY to [DD/MM]YYYY  

–    Financial  impact  from  YYYY  to  YYYY  for  commitment  appropriations  and 

from YYYY to YYYY for payment appropriations.  

 unlimited duration 

–  Implementation with a start-up period from 2024 to 2026, 

–  followed by full-scale operation. 

1.7.  Method(s) of budget implementation planned  

 Direct management by the Commission 

–   by its departments, including by its staff in the Union delegations;  

–    by the executive agencies  

 Shared management with the Member States  

 Indirect management by entrusting budget implementation tasks to: 

–   third countries or the bodies they have designated; 

–   international organisations and their agencies (to be specified); 

–   the EIB and the European Investment Fund; 

–   bodies referred to in Articles 70 and 71 of the Financial Regulation; 

–   public law bodies; 

–   bodies governed by private law with a public service mission to the extent that 

they are provided with adequate financial guarantees; 

–   bodies governed by the private law of a Member State that are entrusted with 
the  implementation  of  a  public-private  partnership  and  that  are  provided  with 
adequate financial guarantees; 

–   bodies or persons entrusted with the implementation of specific actions in the 
CFSP pursuant to Title V of the TEU, and identified in the relevant basic act. 

– 

If more than one management mode is indicated, please provide details in the ‘Comments’ section. 

Comments  

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2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

The  Directive  will  be  evaluated  eight  years  after  the  expiry  of  its  transposition 
deadline.  The  Commission  will  report  on  the  findings  to  the  European  Parliament 
and to the Council. 

2.2.  Management and control system(s)  

2.2.1. 

Justification of the management mode(s), the funding implementation mechanism(s), 
the payment modalities and the control strategy proposed 

This  proposal  does  not  alter  the  management  mode,  funding  implementation 
mechanisms, payment modalities or control strategy already in place and employed 
by the Commission. 

2.2.2. 

Information concerning the risks identified and the internal control system(s) set up 
to mitigate them 

This  legislative  financial  statement  concerns  staff  expenditure.  Standard  risks  and 
control systems for this type of expenditure apply. 

2.2.3.  Estimation and justification of the cost-effectiveness of the controls (ratio of “control 
costs ÷ value of the related funds managed”), and assessment of the expected levels 
of risk of error (at payment & at closure)  

This initiative does not affect the cost-effectiveness of existing Commission controls. 

2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy. 

This legislative financial statement concerns staff expenditure. Standard rules for this 
type of expenditure apply. 

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3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected  

•  Existing budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of  
expenditure 

Contribution  

Heading of 
multiannual 
financial 
framework 

Number  

[XX.YY.YY.YY] 

Diff./Non-
diff.40 

from 
EFTA 
countries
41 

from 
candidate 
countries 
and 
potential 
candidates
42 

fromother 
third 
countries 

other assigned 
revenue 

Diff./Non
-diff. 

YES/NO  YES/NO  YES/NO 

YES/NO 

•  New budget lines requested  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditure 

Heading of 
multiannual 
financial 
framework 

Number  

Diff./Non-
diff. 

from 
EFTA 
countries 

Contribution  

from 
candidate 
countries 
and 
potential 
candidates 

from 
other 
third 
countries 

other assigned 
revenue  

[XX.YY.YY.YY] 

YES/NO  YES/NO  YES/NO 

YES/NO 

40 
41 
42 

Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidates from the Western Balkans. 

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3.2. 

Estimated financial impact of the proposal on appropriations  

3.2.1. 

Summary of estimated impact on operational appropriations  

–    The proposal/initiative does not require the use of operational appropriations  

–    The proposal/initiative requires the use of operational appropriations, as explained below: 

EUR million (to three decimal places) 

Year 
N43 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

TOTAL 

Heading of multiannual financial  
framework  

Number 

DG: <…….> 

 Operational appropriations  

Budget line44 

Budget line 

Commitments 

Payments 

Commitments 

Payments 

(1a) 

(2a) 

(1b) 

(2b) 

Appropriations  of  an  administrative  nature  financed  from  the 
envelope of specific programmes45  

Budget line 

TOTAL appropriations 
for DG <…….> 

Commitments 

Payments 

(3) 

=1a+1b 
+3 

=2a+2b 

43 

44 
45 

Year N is the year in which implementation of the  proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the 
following years. 
According to the official budget nomenclature. 
Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research. 

EN 

30 

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 TOTAL operational appropriations  

Commitments 

Payments 

  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelope for specific programmes  

+3 

(4) 

(5) 

(6) 

TOTAL appropriations  
under HEADING <….> 
of the multiannual financial framework 

Commitments 

=4+ 6 

Payments 

=5+ 6 

If more than one operational heading is affected by the proposal / initiative, repeat the section above: 

  TOTAL  operational  appropriations  (all 
operational headings) 

Commitments 

Payments 

 TOTAL appropriations of an administrative nature financed 
from  the  envelope  for  specific  programmes  (all  operational 
headings) 

(4) 

(5) 

(6) 

TOTAL appropriations  
under HEADINGS 1 to 6 
of the multiannual financial framework 
(Reference amount) 

Commitments 

=4+ 6 

Payments 

=5+ 6 

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Heading of multiannual financial  
framework  

7 

‘Administrative expenditure’ 

EUR million (to three decimal places) 

DG: JUST 

 Human resources  
 Other administrative expenditure  

Year 
2026 

Year 
2027 

TOTAL (under 
the current 
MFF46) 

0.043 

0.014 

0.057 

TOTAL DG JUST 

Appropriations  

0.043 

0.014 

0.057 

DG: EEAS 

 Human resources  
 Other administrative expenditure  

0.038 

 0.038 

TOTAL EEAS 

Appropriations  

0.038 

 0.038 

0.076 

0.076 

TOTAL appropriations 
under HEADING 7 
of the multiannual financial framework  

(Total  commitments  = 
Total payments) 

0.081 

0.052 

 0.133 

TOTAL appropriations  
under HEADINGS 1 to 7 
of the multiannual financial framework  

Commitments 

0.081 

0.052 

Payments 

0.081 

0.052 

 0.133 

 0.133 

2026 

2027 

TOTAL 

46 

Future financial implications of this initiative for the years post 2027 are without prejudice to the MFF after 2027. 

EUR million (to three decimal places) 

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3.2.2.  Estimated output funded with operational appropriations  

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

OUTPUTS 

Commitment appropriations in EUR million (to three decimal places) 

Enter as many years as necessary to show the 
duration of the impact (see point 1.6) 

TOTAL 

o
N

Cost 

o
N

Cost 

o
N

Cost 

o
N

Cost 

o
N

Cost  N

o

Cost 

o
N

Cost 

Total 
No 

Total 
cost 

Indicate 
objectives and 
outputs  

 

Type47 

Avera
ge 
cost 

SPECIFIC OBJECTIVE No 148… 

- Output 

- Output 

- Output 

Subtotal for specific objective No 1 

SPECIFIC OBJECTIVE No 2 ... 

- Output 

Subtotal for specific objective No 2 

TOTALS 

47 
48 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in point 1.4.2. ‘Specific objective(s)…’  

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3.2.3. 

Summary of estimated impact on administrative appropriations  

–    The  proposal/initiative  does  not  require  the  use  of  appropriations  of  an 

administrative nature  

–    The proposal/initiative requires the use of appropriations of an administrative 

nature, as explained below: 

EUR million (to three decimal places) 

2026 

2027 

TOTAL 

HEADING 7 
of the multiannual 
financial framework 

Human resources  

0.043 

0.014 

0.057 

0.038 

 0.038 

0.076 

0.081 

0.052 

 0.133 

Other administrative 
expenditure  

Subtotal HEADING 7 
of the multiannual 
financial framework  

Outside HEADING 749 
of the multiannual 
financial framework  

Human resources  

Other expenditure  
of an administrative 
nature 

Subtotal  
outside HEADING 7 
of the multiannual 
financial framework  

TOTAL 

0.081 

0.052 

 0.133 

The  appropriations  required  for  human  resources  and  other  expenditure  of  an  administrative  nature  will  be  met  by 
appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the 
DG,  together  if  necessary  with  any  additional  allocation  which  may  be  granted  to  the  managing  DG  under  the  annual 
allocation procedure and in the light of budgetary constraints. 

49 

Technical  and/or  administrative  assistance  and  expenditure  in  support  of  the  implementation  of  EU programmes 
and/or actions (former ‘BA’ lines), indirect research, direct research. 

EN 

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3.2.3.1.  Estimated requirements of human resources  

–    The proposal/initiative does not require the use of human resources.  

–    The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below: 

Estimate to be expressed in full time equivalent units* 

20 01 02 01 (Headquarters and Commission’s Representation 
Offices) 

2026 

2027 

0.25 

0.083 

20 01 02 03 (Delegations) 

01 01 01 01 (Indirect research) 

 01 01 01 11 (Direct research) 

Other budget lines (specify) 

20 02 01 (AC, END, INT from the ‘global envelope’) 

20 02 03 (AC, AL, END, INT and JPD in the delegations) 

XX 01  xx yy zz  50 

- at Headquarters 

- in Delegations  

01 01 01 02 (AC, END, INT - Indirect research) 

 01 01 01 12 (AC, END, INT - Direct research) 

Other budget lines (specify) 

TOTAL 

0.25 

0.083 

*  The  Heading  7  staff  administrative  expenditure  concerns  one  FTE  for  three  months  in  the  first  year  of 
implementation  and  one  month  per  year  thereafter  at  DG  JUST.  Therefore,  the  estimated  human  resources 
required amount to full time equivalent units of less than 1. 
Consular protection is the policy area or budget title concerned. 

The human resources required will be met by staff from the DG who are already assigned to management of the 
action  and/or  have  been  redeployed  within  the  DG,  together  if  necessary  with  any  additional  allocation  which 
may  be  granted  to  the  managing  DG  under  the  annual  allocation  procedure  and  in  the  light  of  budgetary 
constraints. 

Description of tasks to be carried out: 

Officials and temporary staff 

Collecting collecting and disseminating information received from Member States on 
the website of the Commission. 

External staff 

50 

Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines). 

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3.2.4.  Compatibility with the current multiannual financial framework  

The proposal/initiative: 

–    can be fully financed through redeployment within the relevant heading of the 

Multiannual Financial Framework (MFF). 

–    requires use of the unallocated margin under the relevant heading of the MFF 

and/or use of the special instruments as defined in the MFF Regulation. 

–    requires a revision of the MFF. 

3.2.5.  Third-party contributions  

The proposal/initiative: 

–    does not provide for co-financing by third parties 

–    provides for the co-financing by third parties estimated below: 

Appropriations in EUR million (to three decimal places) 

Year 
N1 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as necessary 
to show the duration of the 
impact (see point 1.6) 

Total 

Specify  the  co-financing 
body  

TOTAL appropriations 
co-financed  

1 

Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the 
expected first year of implementation (for instance: 2021). The same for the following years. 

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3.3. 

Estimated impact on revenue  

–    The proposal/initiative has no financial impact on revenue. 

–    The proposal/initiative has the following financial impact: 

– 

– 

– 

 

 

on own resources  

on other revenue 

please indicate, if the revenue is assigned to expenditure lines  

Appropriations 
available for 
the current 
financial year 

Budget revenue line: 

Article …………. 

     EUR million (to three decimal places) 

Impact of the proposal/initiative2 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as necessary to show 
the duration of the impact (see point 1.6) 

For assigned revenue, specify the budget expenditure line(s) affected. 

Other  remarks  (e.g.  method/formula  used  for  calculating  the  impact  on  revenue  or  any  other 
information). 

2 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 20 % for collection costs. 

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