BETA


2023/0441(CNS) Consular protection for unrepresented citizens of the Union in third countries

Progress: Awaiting final decision

RoleCommitteeRapporteurShadows
Lead LIBE VINCZE Loránt (icon: EPP EPP) KALJURAND Marina (icon: S&D S&D), TOOM Jana (icon: Renew Renew), STRIK Tineke (icon: Verts/ALE Verts/ALE), KANKO Assita (icon: ECR ECR), URBÁN CRESPO Miguel (icon: GUE/NGL GUE/NGL)
Committee Opinion AFET SÁNCHEZ AMOR Nacho (icon: S&D S&D) Anna FOTYGA (icon: ECR ECR), Željana ZOVKO (icon: PPE PPE), Tineke STRIK (icon: Verts/ALE Verts/ALE), Michael KAUCH (icon: RE RE)
Committee Opinion DEVE
Committee Opinion JURI LEBRETON Gilles (icon: ID ID) Angel DZHAMBAZKI (icon: ECR ECR), Jana TOOM (icon: RE RE), Sergey LAGODINSKY (icon: Verts/ALE Verts/ALE), Ibán GARCÍA DEL BLANCO (icon: S&D S&D), Witold PAHL (icon: PPE PPE)
Lead committee dossier:
Legal Basis:
RoP 57_o, TFEU 023 -a2

Events

2024/04/24
   EP - Decision by Parliament
Details

The European Parliament adopted by 521 votes to 89, with 17 abstentions, following a special legislative procedure, a legislative resolution on the 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.

Parliament approved the Commission proposal subject to the following amendments:

Refugees and stateless persons

Recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State, should be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.

Lack of representation

In determining whether a Member State has no embassy or consulate able to provide effective consular protection in a given situation, the embassy or consulate with which the unrepresented citizen seeks consular protection should take into account 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. While the appropriate period of time will depend on the particularities of each assistance request, the period for citizens to safely reach or be reached by the embassy or consulate of their Member State should in any case not exceed 48 hours.

Access to consular protection and other arrangements

Where Union delegations are the only representation physically located in a third country, or where there is an objective need for additional assistance to unrepresented citizens during a crisis situation due to insufficient capacity of Member States’ embassies and consulates, Union delegations should provide consular assistance, including issuing Emergency Travel Documents.

When granting consular protection to unrepresented citizens, Member States should take an intersectional approach to the specific needs of vulnerable groups and persons at risk of discrimination on any grounds.

Crisis preparation

Member States and the EEAS should set up and agree a joint consular contingency plan for each third country. The joint consular contingency plan should contain an analysis of the consular situation in the country and a risk assessment of the most plausible scenarios affecting Union citizens; such as, but not limited to, military, political, criminal and health risks, and natural disasters.

Member States and Union delegations should collaborate in the deployment of Early Warning Systems to enable the timely detection of potential crises or hazards, such as natural disasters, political unrest, or health emergencies, in the third country concerned.

Member States should:

- take proactive measures in order to ensure that their citizens register with or inform competent national authorities, by appropriate means and tools, of their travels to or residence in third countries, in particular when the thirds countries in question are not considered fully safe;

- always inform each-other every time they become aware of increased security risks;

- enhance situational awareness with Union Delegations in third countries, including by regularly sharing risk assessments updates and possible threats to the security of EU citizens, and by exchanging information on their travel advice.

The EEAS, in close cooperation with Member States, should provide consular crisis preparedness, simulation and response training to Union officials and Member States’ diplomatic and consular staff to improve their ability to manage crisis situations and provide assistance to EU citizens abroad.

Special protection for children

With the support of EU delegations, Member States should take specific measures to ensure the right to consular protection of children who are EU citizens in third countries, in particular where there is a risk of violation of their rights as enshrined in the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child. The best interests of the child should be taken into account.

Information for EU citizens

Member States should take measures to inform their citizens of their right. This could include the implementation digital technologies and automated notification systems, such as SMS via telephone networks, to provide EU citizens with essential contact details for consular protection upon entering a third country, as well as alert messages during crisis situations.

Documents
2024/04/19
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2024/04/19
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2024/04/10
   EP - Committee opinion
Documents
2024/04/03
   EP - Amendments tabled in committee
Documents
2024/03/21
   EP - Committee opinion
Documents
2024/03/18
   ES_PARLIAMENT - Contribution
Documents
2024/03/14
   EP - Committee referral announced in Parliament
2024/03/05
   EP - Committee draft report
Documents
2024/02/20
   EP - SÁNCHEZ AMOR Nacho (S&D) appointed as rapporteur in AFET
2024/02/13
   EP - LEBRETON Gilles (ID) appointed as rapporteur in JURI
2024/01/31
   EP - VINCZE Loránt (EPP) appointed as rapporteur in LIBE
2023/12/07
   EC - Document attached to the procedure
Documents
2023/12/07
   EC - Document attached to the procedure
2023/12/07
   EC - Document attached to the procedure
2023/12/07
   EC - Document attached to the procedure
2023/12/06
   EC - Legislative proposal published
Details

PURPOSE: to revise the EU Consular Protection Directive to facilitate consular protection for unrepresented citizens of the Union in third countries.

PROPOSED ACT: Council Directive.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: 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.

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.

The rules established under the Consular Protection Directive should be amended to protect and support EU citizens abroad in times of crisis.

To improve legal certainty for consular authorities and citizens, it is therefore 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.

CONTENT: in this regard, the Commission proposes to revise the EU Consular Protection Directive to ensure better and easier protection for EU citizens in a third country, where their country of nationality does not have a consulate or embassy. Therefore, EU citizens should be able to get clearer information and exercise their rights for assistance and protection.

Overall, the proposal aims to: (i) simplify procedures and make best use of the EU's global network of EU delegations, Member States´ embassies and consulates to better assist citizens in need; (ii) reinforce crisis preparedness and response measures , including by conducting regular consular crisis exercises and preparing crisis consular plans with an assessment of possible risks and an estimate of EU citizens present for each country; (iii) send joint teams of consular experts to reinforce diplomatic and consular staff during crises.

More specifically, the proposal:

- clarifies 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. The proposal also sets 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;

- 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;

- adds a reference to ‘evacuation’ 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;

- states 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;

- introduces the possibility to 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;

- lays down the rules on the reimbursement of the costs for consular protection which 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 State of nationality for reimbursement. Moreover, 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;

- implements the fundamental right to an effective remedy in the context of consular protection.

Documents

  • Decision by Parliament: T9-0336/2024
  • Committee report tabled for plenary, 1st reading/single reading: A9-0178/2024
  • Committee report tabled for plenary, 1st reading/single reading: A9-0178/2024
  • Committee opinion: PE759.733
  • Amendments tabled in committee: PE760.930
  • Committee opinion: PE758.853
  • Contribution: COM(2023)0930
  • Committee draft report: PE759.050
  • Document attached to the procedure: SEC(2023)0930
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2023)0940
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2023)0941
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2023)0942
  • Legislative proposal published: EUR-Lex
  • Legislative proposal published: COM(2023)0930
  • Document attached to the procedure: SEC(2023)0930
  • Document attached to the procedure: EUR-Lex SWD(2023)0940
  • Document attached to the procedure: EUR-Lex SWD(2023)0941
  • Document attached to the procedure: EUR-Lex SWD(2023)0942
  • Committee draft report: PE759.050
  • Committee opinion: PE758.853
  • Amendments tabled in committee: PE760.930
  • Committee opinion: PE759.733
  • Committee report tabled for plenary, 1st reading/single reading: A9-0178/2024
  • Contribution: COM(2023)0930

Votes

A9-0178/2024 – Loránt Vincze – Commission proposal #

2024/04/24 Outcome: +: 521, -: 89, 0: 17
DE ES FR RO NL PT SE AT BG CZ BE HR IE DK FI IT LT EL SK LV SI LU HU EE MT PL
Total
87
58
74
28
27
21
21
17
16
21
20
12
12
14
14
56
10
14
12
8
8
6
16
7
4
44
icon: PPE PPE
159

Denmark PPE

For (1)

1

Slovenia PPE

Abstain (2)

4

Luxembourg PPE

2

Hungary PPE

Abstain (1)

1

Estonia PPE

For (1)

1

Malta PPE

For (1)

1
icon: S&D S&D
123

Czechia S&D

For (1)

1

Belgium S&D

2

Lithuania S&D

2

Greece S&D

1

Latvia S&D

2

Slovenia S&D

2

Luxembourg S&D

For (1)

1

Estonia S&D

2
icon: Renew Renew
97
3

Austria Renew

For (1)

1

Bulgaria Renew

2

Croatia Renew

For (1)

1

Ireland Renew

2

Finland Renew

3

Lithuania Renew

1

Greece Renew

1

Latvia Renew

For (1)

1

Slovenia Renew

2

Luxembourg Renew

2

Hungary Renew

For (1)

1

Estonia Renew

3

Poland Renew

1
icon: Verts/ALE Verts/ALE
68

Spain Verts/ALE

3

Romania Verts/ALE

1

Netherlands Verts/ALE

3

Portugal Verts/ALE

1

Sweden Verts/ALE

3

Austria Verts/ALE

3

Czechia Verts/ALE

3

Belgium Verts/ALE

3

Ireland Verts/ALE

2

Denmark Verts/ALE

2

Finland Verts/ALE

3

Italy Verts/ALE

For (1)

1

Lithuania Verts/ALE

2

Greece Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Poland Verts/ALE

For (1)

1
icon: The Left The Left
32

Portugal The Left

4

Sweden The Left

For (1)

1

Czechia The Left

Against (1)

1

Belgium The Left

For (1)

1

Denmark The Left

1

Finland The Left

For (1)

1

Greece The Left

2
icon: NI NI
38

France NI

Against (1)

3

Romania NI

For (1)

1

Netherlands NI

Against (1)

1

Czechia NI

Against (1)

1

Belgium NI

For (1)

1

Greece NI

For (1)

Against (1)

3

Latvia NI

1
icon: ECR ECR
61

Germany ECR

1

France ECR

For (1)

1

Romania ECR

1

Sweden ECR

For (1)

3

Bulgaria ECR

2

Croatia ECR

1

Finland ECR

Abstain (1)

2

Lithuania ECR

1

Greece ECR

Abstain (1)

1

Slovakia ECR

For (1)

1

Latvia ECR

For (1)

1
icon: ID ID
49
3

Czechia ID

Against (1)

1

Denmark ID

Against (1)

1

Estonia ID

Against (1)

1
AmendmentsDossier
268 2023/0441(CNS)
2024/03/06 AFET 121 amendments...
source: 759.819
2024/03/20 JURI 81 amendments...
source: 759.992
2024/04/03 LIBE 66 amendments...
source: 760.930

History

(these mark the time of scraping, not the official date of the change)

procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/legal_basis/0
Rules of Procedure EP 57_o
procedure/legal_basis/0
Rules of Procedure EP 57
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/legal_basis/0
Rules of Procedure EP 57_o
procedure/legal_basis/0
Rules of Procedure EP 57
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/legal_basis/0
Rules of Procedure EP 57_o
procedure/legal_basis/0
Rules of Procedure EP 57
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/legal_basis/0
Rules of Procedure EP 57_o
procedure/legal_basis/0
Rules of Procedure EP 57
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/legal_basis/0
Rules of Procedure EP 57_o
procedure/legal_basis/0
Rules of Procedure EP 57
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/legal_basis/0
Rules of Procedure EP 57_o
procedure/legal_basis/0
Rules of Procedure EP 57
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
procedure/legal_basis/0
Rules of Procedure EP 57_o
procedure/legal_basis/0
Rules of Procedure EP 57
procedure/Other legal basis
Old
Rules of Procedure EP 159
New
Rules of Procedure EP 165
docs/9
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0336_EN.html title: T9-0336/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/3/summary
  • The European Parliament adopted by 521 votes to 89, with 17 abstentions, following a special legislative procedure, a legislative resolution on the 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.
  • Parliament approved the Commission proposal subject to the following amendments:
  • Refugees and stateless persons
  • Recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State, should be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.
  • Lack of representation
  • In determining whether a Member State has no embassy or consulate able to provide effective consular protection in a given situation, the embassy or consulate with which the unrepresented citizen seeks consular protection should take into account 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. While the appropriate period of time will depend on the particularities of each assistance request, the period for citizens to safely reach or be reached by the embassy or consulate of their Member State should in any case not exceed 48 hours.
  • Access to consular protection and other arrangements
  • Where Union delegations are the only representation physically located in a third country, or where there is an objective need for additional assistance to unrepresented citizens during a crisis situation due to insufficient capacity of Member States’ embassies and consulates, Union delegations should provide consular assistance, including issuing Emergency Travel Documents.
  • When granting consular protection to unrepresented citizens, Member States should take an intersectional approach to the specific needs of vulnerable groups and persons at risk of discrimination on any grounds.
  • Crisis preparation
  • Member States and the EEAS should set up and agree a joint consular contingency plan for each third country. The joint consular contingency plan should contain an analysis of the consular situation in the country and a risk assessment of the most plausible scenarios affecting Union citizens; such as, but not limited to, military, political, criminal and health risks, and natural disasters.
  • Member States and Union delegations should collaborate in the deployment of Early Warning Systems to enable the timely detection of potential crises or hazards, such as natural disasters, political unrest, or health emergencies, in the third country concerned.
  • Member States should:
  • - take proactive measures in order to ensure that their citizens register with or inform competent national authorities, by appropriate means and tools, of their travels to or residence in third countries, in particular when the thirds countries in question are not considered fully safe;
  • - always inform each-other every time they become aware of increased security risks;
  • - enhance situational awareness with Union Delegations in third countries, including by regularly sharing risk assessments updates and possible threats to the security of EU citizens, and by exchanging information on their travel advice.
  • The EEAS, in close cooperation with Member States, should provide consular crisis preparedness, simulation and response training to Union officials and Member States’ diplomatic and consular staff to improve their ability to manage crisis situations and provide assistance to EU citizens abroad.
  • Special protection for children
  • With the support of EU delegations, Member States should take specific measures to ensure the right to consular protection of children who are EU citizens in third countries, in particular where there is a risk of violation of their rights as enshrined in the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child. The best interests of the child should be taken into account.
  • Information for EU citizens
  • Member States should take measures to inform their citizens of their right. This could include the implementation digital technologies and automated notification systems, such as SMS via telephone networks, to provide EU citizens with essential contact details for consular protection upon entering a third country, as well as alert messages during crisis situations.
docs/9
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0336_EN.html title: T9-0336/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/3/summary
  • The European Parliament adopted by 521 votes to 89, with 17 abstentions, following a special legislative procedure, a legislative resolution on the 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.
  • Parliament approved the Commission proposal subject to the following amendments:
  • Refugees and stateless persons
  • Recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State, should be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.
  • Lack of representation
  • In determining whether a Member State has no embassy or consulate able to provide effective consular protection in a given situation, the embassy or consulate with which the unrepresented citizen seeks consular protection should take into account 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. While the appropriate period of time will depend on the particularities of each assistance request, the period for citizens to safely reach or be reached by the embassy or consulate of their Member State should in any case not exceed 48 hours.
  • Access to consular protection and other arrangements
  • Where Union delegations are the only representation physically located in a third country, or where there is an objective need for additional assistance to unrepresented citizens during a crisis situation due to insufficient capacity of Member States’ embassies and consulates, Union delegations should provide consular assistance, including issuing Emergency Travel Documents.
  • When granting consular protection to unrepresented citizens, Member States should take an intersectional approach to the specific needs of vulnerable groups and persons at risk of discrimination on any grounds.
  • Crisis preparation
  • Member States and the EEAS should set up and agree a joint consular contingency plan for each third country. The joint consular contingency plan should contain an analysis of the consular situation in the country and a risk assessment of the most plausible scenarios affecting Union citizens; such as, but not limited to, military, political, criminal and health risks, and natural disasters.
  • Member States and Union delegations should collaborate in the deployment of Early Warning Systems to enable the timely detection of potential crises or hazards, such as natural disasters, political unrest, or health emergencies, in the third country concerned.
  • Member States should:
  • - take proactive measures in order to ensure that their citizens register with or inform competent national authorities, by appropriate means and tools, of their travels to or residence in third countries, in particular when the thirds countries in question are not considered fully safe;
  • - always inform each-other every time they become aware of increased security risks;
  • - enhance situational awareness with Union Delegations in third countries, including by regularly sharing risk assessments updates and possible threats to the security of EU citizens, and by exchanging information on their travel advice.
  • The EEAS, in close cooperation with Member States, should provide consular crisis preparedness, simulation and response training to Union officials and Member States’ diplomatic and consular staff to improve their ability to manage crisis situations and provide assistance to EU citizens abroad.
  • Special protection for children
  • With the support of EU delegations, Member States should take specific measures to ensure the right to consular protection of children who are EU citizens in third countries, in particular where there is a risk of violation of their rights as enshrined in the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child. The best interests of the child should be taken into account.
  • Information for EU citizens
  • Member States should take measures to inform their citizens of their right. This could include the implementation digital technologies and automated notification systems, such as SMS via telephone networks, to provide EU citizens with essential contact details for consular protection upon entering a third country, as well as alert messages during crisis situations.
docs/9
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0336_EN.html title: T9-0336/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/3/summary
  • The European Parliament adopted by 521 votes to 89, with 17 abstentions, following a special legislative procedure, a legislative resolution on the 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.
  • Parliament approved the Commission proposal subject to the following amendments:
  • Refugees and stateless persons
  • Recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State, should be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.
  • Lack of representation
  • In determining whether a Member State has no embassy or consulate able to provide effective consular protection in a given situation, the embassy or consulate with which the unrepresented citizen seeks consular protection should take into account 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. While the appropriate period of time will depend on the particularities of each assistance request, the period for citizens to safely reach or be reached by the embassy or consulate of their Member State should in any case not exceed 48 hours.
  • Access to consular protection and other arrangements
  • Where Union delegations are the only representation physically located in a third country, or where there is an objective need for additional assistance to unrepresented citizens during a crisis situation due to insufficient capacity of Member States’ embassies and consulates, Union delegations should provide consular assistance, including issuing Emergency Travel Documents.
  • When granting consular protection to unrepresented citizens, Member States should take an intersectional approach to the specific needs of vulnerable groups and persons at risk of discrimination on any grounds.
  • Crisis preparation
  • Member States and the EEAS should set up and agree a joint consular contingency plan for each third country. The joint consular contingency plan should contain an analysis of the consular situation in the country and a risk assessment of the most plausible scenarios affecting Union citizens; such as, but not limited to, military, political, criminal and health risks, and natural disasters.
  • Member States and Union delegations should collaborate in the deployment of Early Warning Systems to enable the timely detection of potential crises or hazards, such as natural disasters, political unrest, or health emergencies, in the third country concerned.
  • Member States should:
  • - take proactive measures in order to ensure that their citizens register with or inform competent national authorities, by appropriate means and tools, of their travels to or residence in third countries, in particular when the thirds countries in question are not considered fully safe;
  • - always inform each-other every time they become aware of increased security risks;
  • - enhance situational awareness with Union Delegations in third countries, including by regularly sharing risk assessments updates and possible threats to the security of EU citizens, and by exchanging information on their travel advice.
  • The EEAS, in close cooperation with Member States, should provide consular crisis preparedness, simulation and response training to Union officials and Member States’ diplomatic and consular staff to improve their ability to manage crisis situations and provide assistance to EU citizens abroad.
  • Special protection for children
  • With the support of EU delegations, Member States should take specific measures to ensure the right to consular protection of children who are EU citizens in third countries, in particular where there is a risk of violation of their rights as enshrined in the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child. The best interests of the child should be taken into account.
  • Information for EU citizens
  • Member States should take measures to inform their citizens of their right. This could include the implementation digital technologies and automated notification systems, such as SMS via telephone networks, to provide EU citizens with essential contact details for consular protection upon entering a third country, as well as alert messages during crisis situations.
docs/9
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0336_EN.html title: T9-0336/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/3/summary
  • The European Parliament adopted by 521 votes to 89, with 17 abstentions, following a special legislative procedure, a legislative resolution on the 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.
  • Parliament approved the Commission proposal subject to the following amendments:
  • Refugees and stateless persons
  • Recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State, should be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.
  • Lack of representation
  • In determining whether a Member State has no embassy or consulate able to provide effective consular protection in a given situation, the embassy or consulate with which the unrepresented citizen seeks consular protection should take into account 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. While the appropriate period of time will depend on the particularities of each assistance request, the period for citizens to safely reach or be reached by the embassy or consulate of their Member State should in any case not exceed 48 hours.
  • Access to consular protection and other arrangements
  • Where Union delegations are the only representation physically located in a third country, or where there is an objective need for additional assistance to unrepresented citizens during a crisis situation due to insufficient capacity of Member States’ embassies and consulates, Union delegations should provide consular assistance, including issuing Emergency Travel Documents.
  • When granting consular protection to unrepresented citizens, Member States should take an intersectional approach to the specific needs of vulnerable groups and persons at risk of discrimination on any grounds.
  • Crisis preparation
  • Member States and the EEAS should set up and agree a joint consular contingency plan for each third country. The joint consular contingency plan should contain an analysis of the consular situation in the country and a risk assessment of the most plausible scenarios affecting Union citizens; such as, but not limited to, military, political, criminal and health risks, and natural disasters.
  • Member States and Union delegations should collaborate in the deployment of Early Warning Systems to enable the timely detection of potential crises or hazards, such as natural disasters, political unrest, or health emergencies, in the third country concerned.
  • Member States should:
  • - take proactive measures in order to ensure that their citizens register with or inform competent national authorities, by appropriate means and tools, of their travels to or residence in third countries, in particular when the thirds countries in question are not considered fully safe;
  • - always inform each-other every time they become aware of increased security risks;
  • - enhance situational awareness with Union Delegations in third countries, including by regularly sharing risk assessments updates and possible threats to the security of EU citizens, and by exchanging information on their travel advice.
  • The EEAS, in close cooperation with Member States, should provide consular crisis preparedness, simulation and response training to Union officials and Member States’ diplomatic and consular staff to improve their ability to manage crisis situations and provide assistance to EU citizens abroad.
  • Special protection for children
  • With the support of EU delegations, Member States should take specific measures to ensure the right to consular protection of children who are EU citizens in third countries, in particular where there is a risk of violation of their rights as enshrined in the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child. The best interests of the child should be taken into account.
  • Information for EU citizens
  • Member States should take measures to inform their citizens of their right. This could include the implementation digital technologies and automated notification systems, such as SMS via telephone networks, to provide EU citizens with essential contact details for consular protection upon entering a third country, as well as alert messages during crisis situations.
docs/9
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0336_EN.html title: T9-0336/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/3/summary
  • The European Parliament adopted by 521 votes to 89, with 17 abstentions, following a special legislative procedure, a legislative resolution on the 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.
  • Parliament approved the Commission proposal subject to the following amendments:
  • Refugees and stateless persons
  • Recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State, should be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.
  • Lack of representation
  • In determining whether a Member State has no embassy or consulate able to provide effective consular protection in a given situation, the embassy or consulate with which the unrepresented citizen seeks consular protection should take into account 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. While the appropriate period of time will depend on the particularities of each assistance request, the period for citizens to safely reach or be reached by the embassy or consulate of their Member State should in any case not exceed 48 hours.
  • Access to consular protection and other arrangements
  • Where Union delegations are the only representation physically located in a third country, or where there is an objective need for additional assistance to unrepresented citizens during a crisis situation due to insufficient capacity of Member States’ embassies and consulates, Union delegations should provide consular assistance, including issuing Emergency Travel Documents.
  • When granting consular protection to unrepresented citizens, Member States should take an intersectional approach to the specific needs of vulnerable groups and persons at risk of discrimination on any grounds.
  • Crisis preparation
  • Member States and the EEAS should set up and agree a joint consular contingency plan for each third country. The joint consular contingency plan should contain an analysis of the consular situation in the country and a risk assessment of the most plausible scenarios affecting Union citizens; such as, but not limited to, military, political, criminal and health risks, and natural disasters.
  • Member States and Union delegations should collaborate in the deployment of Early Warning Systems to enable the timely detection of potential crises or hazards, such as natural disasters, political unrest, or health emergencies, in the third country concerned.
  • Member States should:
  • - take proactive measures in order to ensure that their citizens register with or inform competent national authorities, by appropriate means and tools, of their travels to or residence in third countries, in particular when the thirds countries in question are not considered fully safe;
  • - always inform each-other every time they become aware of increased security risks;
  • - enhance situational awareness with Union Delegations in third countries, including by regularly sharing risk assessments updates and possible threats to the security of EU citizens, and by exchanging information on their travel advice.
  • The EEAS, in close cooperation with Member States, should provide consular crisis preparedness, simulation and response training to Union officials and Member States’ diplomatic and consular staff to improve their ability to manage crisis situations and provide assistance to EU citizens abroad.
  • Special protection for children
  • With the support of EU delegations, Member States should take specific measures to ensure the right to consular protection of children who are EU citizens in third countries, in particular where there is a risk of violation of their rights as enshrined in the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child. The best interests of the child should be taken into account.
  • Information for EU citizens
  • Member States should take measures to inform their citizens of their right. This could include the implementation digital technologies and automated notification systems, such as SMS via telephone networks, to provide EU citizens with essential contact details for consular protection upon entering a third country, as well as alert messages during crisis situations.
docs/9
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0336_EN.html title: T9-0336/2024
type
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body
EP
events/3/summary
  • The European Parliament adopted by 521 votes to 89, with 17 abstentions, following a special legislative procedure, a legislative resolution on the 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.
  • Parliament approved the Commission proposal subject to the following amendments:
  • Refugees and stateless persons
  • Recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State, should be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.
  • Lack of representation
  • In determining whether a Member State has no embassy or consulate able to provide effective consular protection in a given situation, the embassy or consulate with which the unrepresented citizen seeks consular protection should take into account 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. While the appropriate period of time will depend on the particularities of each assistance request, the period for citizens to safely reach or be reached by the embassy or consulate of their Member State should in any case not exceed 48 hours.
  • Access to consular protection and other arrangements
  • Where Union delegations are the only representation physically located in a third country, or where there is an objective need for additional assistance to unrepresented citizens during a crisis situation due to insufficient capacity of Member States’ embassies and consulates, Union delegations should provide consular assistance, including issuing Emergency Travel Documents.
  • When granting consular protection to unrepresented citizens, Member States should take an intersectional approach to the specific needs of vulnerable groups and persons at risk of discrimination on any grounds.
  • Crisis preparation
  • Member States and the EEAS should set up and agree a joint consular contingency plan for each third country. The joint consular contingency plan should contain an analysis of the consular situation in the country and a risk assessment of the most plausible scenarios affecting Union citizens; such as, but not limited to, military, political, criminal and health risks, and natural disasters.
  • Member States and Union delegations should collaborate in the deployment of Early Warning Systems to enable the timely detection of potential crises or hazards, such as natural disasters, political unrest, or health emergencies, in the third country concerned.
  • Member States should:
  • - take proactive measures in order to ensure that their citizens register with or inform competent national authorities, by appropriate means and tools, of their travels to or residence in third countries, in particular when the thirds countries in question are not considered fully safe;
  • - always inform each-other every time they become aware of increased security risks;
  • - enhance situational awareness with Union Delegations in third countries, including by regularly sharing risk assessments updates and possible threats to the security of EU citizens, and by exchanging information on their travel advice.
  • The EEAS, in close cooperation with Member States, should provide consular crisis preparedness, simulation and response training to Union officials and Member States’ diplomatic and consular staff to improve their ability to manage crisis situations and provide assistance to EU citizens abroad.
  • Special protection for children
  • With the support of EU delegations, Member States should take specific measures to ensure the right to consular protection of children who are EU citizens in third countries, in particular where there is a risk of violation of their rights as enshrined in the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child. The best interests of the child should be taken into account.
  • Information for EU citizens
  • Member States should take measures to inform their citizens of their right. This could include the implementation digital technologies and automated notification systems, such as SMS via telephone networks, to provide EU citizens with essential contact details for consular protection upon entering a third country, as well as alert messages during crisis situations.
docs/9
date
2024-04-24T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0336_EN.html title: T9-0336/2024
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/3/summary
  • The European Parliament adopted by 521 votes to 89, with 17 abstentions, following a special legislative procedure, a legislative resolution on the 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.
  • Parliament approved the Commission proposal subject to the following amendments:
  • Refugees and stateless persons
  • Recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State, should be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.
  • Lack of representation
  • In determining whether a Member State has no embassy or consulate able to provide effective consular protection in a given situation, the embassy or consulate with which the unrepresented citizen seeks consular protection should take into account 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. While the appropriate period of time will depend on the particularities of each assistance request, the period for citizens to safely reach or be reached by the embassy or consulate of their Member State should in any case not exceed 48 hours.
  • Access to consular protection and other arrangements
  • Where Union delegations are the only representation physically located in a third country, or where there is an objective need for additional assistance to unrepresented citizens during a crisis situation due to insufficient capacity of Member States’ embassies and consulates, Union delegations should provide consular assistance, including issuing Emergency Travel Documents.
  • When granting consular protection to unrepresented citizens, Member States should take an intersectional approach to the specific needs of vulnerable groups and persons at risk of discrimination on any grounds.
  • Crisis preparation
  • Member States and the EEAS should set up and agree a joint consular contingency plan for each third country. The joint consular contingency plan should contain an analysis of the consular situation in the country and a risk assessment of the most plausible scenarios affecting Union citizens; such as, but not limited to, military, political, criminal and health risks, and natural disasters.
  • Member States and Union delegations should collaborate in the deployment of Early Warning Systems to enable the timely detection of potential crises or hazards, such as natural disasters, political unrest, or health emergencies, in the third country concerned.
  • Member States should:
  • - take proactive measures in order to ensure that their citizens register with or inform competent national authorities, by appropriate means and tools, of their travels to or residence in third countries, in particular when the thirds countries in question are not considered fully safe;
  • - always inform each-other every time they become aware of increased security risks;
  • - enhance situational awareness with Union Delegations in third countries, including by regularly sharing risk assessments updates and possible threats to the security of EU citizens, and by exchanging information on their travel advice.
  • The EEAS, in close cooperation with Member States, should provide consular crisis preparedness, simulation and response training to Union officials and Member States’ diplomatic and consular staff to improve their ability to manage crisis situations and provide assistance to EU citizens abroad.
  • Special protection for children
  • With the support of EU delegations, Member States should take specific measures to ensure the right to consular protection of children who are EU citizens in third countries, in particular where there is a risk of violation of their rights as enshrined in the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child. The best interests of the child should be taken into account.
  • Information for EU citizens
  • Member States should take measures to inform their citizens of their right. This could include the implementation digital technologies and automated notification systems, such as SMS via telephone networks, to provide EU citizens with essential contact details for consular protection upon entering a third country, as well as alert messages during crisis situations.
docs/9
date
2024-04-24T00:00:00
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  • The European Parliament adopted by 521 votes to 89, with 17 abstentions, following a special legislative procedure, a legislative resolution on the 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.
  • Parliament approved the Commission proposal subject to the following amendments:
  • Refugees and stateless persons
  • Recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State, should be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.
  • Lack of representation
  • In determining whether a Member State has no embassy or consulate able to provide effective consular protection in a given situation, the embassy or consulate with which the unrepresented citizen seeks consular protection should take into account 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. While the appropriate period of time will depend on the particularities of each assistance request, the period for citizens to safely reach or be reached by the embassy or consulate of their Member State should in any case not exceed 48 hours.
  • Access to consular protection and other arrangements
  • Where Union delegations are the only representation physically located in a third country, or where there is an objective need for additional assistance to unrepresented citizens during a crisis situation due to insufficient capacity of Member States’ embassies and consulates, Union delegations should provide consular assistance, including issuing Emergency Travel Documents.
  • When granting consular protection to unrepresented citizens, Member States should take an intersectional approach to the specific needs of vulnerable groups and persons at risk of discrimination on any grounds.
  • Crisis preparation
  • Member States and the EEAS should set up and agree a joint consular contingency plan for each third country. The joint consular contingency plan should contain an analysis of the consular situation in the country and a risk assessment of the most plausible scenarios affecting Union citizens; such as, but not limited to, military, political, criminal and health risks, and natural disasters.
  • Member States and Union delegations should collaborate in the deployment of Early Warning Systems to enable the timely detection of potential crises or hazards, such as natural disasters, political unrest, or health emergencies, in the third country concerned.
  • Member States should:
  • - take proactive measures in order to ensure that their citizens register with or inform competent national authorities, by appropriate means and tools, of their travels to or residence in third countries, in particular when the thirds countries in question are not considered fully safe;
  • - always inform each-other every time they become aware of increased security risks;
  • - enhance situational awareness with Union Delegations in third countries, including by regularly sharing risk assessments updates and possible threats to the security of EU citizens, and by exchanging information on their travel advice.
  • The EEAS, in close cooperation with Member States, should provide consular crisis preparedness, simulation and response training to Union officials and Member States’ diplomatic and consular staff to improve their ability to manage crisis situations and provide assistance to EU citizens abroad.
  • Special protection for children
  • With the support of EU delegations, Member States should take specific measures to ensure the right to consular protection of children who are EU citizens in third countries, in particular where there is a risk of violation of their rights as enshrined in the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child. The best interests of the child should be taken into account.
  • Information for EU citizens
  • Member States should take measures to inform their citizens of their right. This could include the implementation digital technologies and automated notification systems, such as SMS via telephone networks, to provide EU citizens with essential contact details for consular protection upon entering a third country, as well as alert messages during crisis situations.
docs/9
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2024-04-24T00:00:00
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  • The European Parliament adopted by 521 votes to 89, with 17 abstentions, following a special legislative procedure, a legislative resolution on the 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.
  • Parliament approved the Commission proposal subject to the following amendments:
  • Refugees and stateless persons
  • Recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State, should be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.
  • Lack of representation
  • In determining whether a Member State has no embassy or consulate able to provide effective consular protection in a given situation, the embassy or consulate with which the unrepresented citizen seeks consular protection should take into account 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. While the appropriate period of time will depend on the particularities of each assistance request, the period for citizens to safely reach or be reached by the embassy or consulate of their Member State should in any case not exceed 48 hours.
  • Access to consular protection and other arrangements
  • Where Union delegations are the only representation physically located in a third country, or where there is an objective need for additional assistance to unrepresented citizens during a crisis situation due to insufficient capacity of Member States’ embassies and consulates, Union delegations should provide consular assistance, including issuing Emergency Travel Documents.
  • When granting consular protection to unrepresented citizens, Member States should take an intersectional approach to the specific needs of vulnerable groups and persons at risk of discrimination on any grounds.
  • Crisis preparation
  • Member States and the EEAS should set up and agree a joint consular contingency plan for each third country. The joint consular contingency plan should contain an analysis of the consular situation in the country and a risk assessment of the most plausible scenarios affecting Union citizens; such as, but not limited to, military, political, criminal and health risks, and natural disasters.
  • Member States and Union delegations should collaborate in the deployment of Early Warning Systems to enable the timely detection of potential crises or hazards, such as natural disasters, political unrest, or health emergencies, in the third country concerned.
  • Member States should:
  • - take proactive measures in order to ensure that their citizens register with or inform competent national authorities, by appropriate means and tools, of their travels to or residence in third countries, in particular when the thirds countries in question are not considered fully safe;
  • - always inform each-other every time they become aware of increased security risks;
  • - enhance situational awareness with Union Delegations in third countries, including by regularly sharing risk assessments updates and possible threats to the security of EU citizens, and by exchanging information on their travel advice.
  • The EEAS, in close cooperation with Member States, should provide consular crisis preparedness, simulation and response training to Union officials and Member States’ diplomatic and consular staff to improve their ability to manage crisis situations and provide assistance to EU citizens abroad.
  • Special protection for children
  • With the support of EU delegations, Member States should take specific measures to ensure the right to consular protection of children who are EU citizens in third countries, in particular where there is a risk of violation of their rights as enshrined in the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child. The best interests of the child should be taken into account.
  • Information for EU citizens
  • Member States should take measures to inform their citizens of their right. This could include the implementation digital technologies and automated notification systems, such as SMS via telephone networks, to provide EU citizens with essential contact details for consular protection upon entering a third country, as well as alert messages during crisis situations.
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  • PURPOSE: to revise the EU Consular Protection Directive to facilitate consular protection for unrepresented citizens of the Union in third countries.
  • PROPOSED ACT: Council Directive.
  • ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
  • BACKGROUND: 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.
  • 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.
  • The rules established under the Consular Protection Directive should be amended to protect and support EU citizens abroad in times of crisis.
  • To improve legal certainty for consular authorities and citizens, it is therefore 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.
  • CONTENT: in this regard, the Commission proposes to revise the EU Consular Protection Directive to ensure better and easier protection for EU citizens in a third country, where their country of nationality does not have a consulate or embassy. Therefore, EU citizens should be able to get clearer information and exercise their rights for assistance and protection.
  • Overall, the proposal aims to: (i) simplify procedures and make best use of the EU's global network of EU delegations, Member States´ embassies and consulates to better assist citizens in need; (ii) reinforce crisis preparedness and response measures , including by conducting regular consular crisis exercises and preparing crisis consular plans with an assessment of possible risks and an estimate of EU citizens present for each country; (iii) send joint teams of consular experts to reinforce diplomatic and consular staff during crises.
  • More specifically, the proposal:
  • - clarifies 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. The proposal also sets 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;
  • - 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;
  • - adds a reference to ‘evacuation’ 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;
  • - states 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;
  • - introduces the possibility to 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;
  • - lays down the rules on the reimbursement of the costs for consular protection which 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 State of nationality for reimbursement. Moreover, 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;
  • - implements the fundamental right to an effective remedy in the context of consular protection.