Annexes to COM(2007)767 - Effective consular protection in third countries: the contribution of the EU - Action Plan 2007-2009 - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2007)767 - Effective consular protection in third countries: the contribution of the EU - Action Plan 2007-2009. |
|---|---|
| document | COM(2007)767  |
| date | December 5, 2007 |
In this context, the Commission notes the overall positive experience of the 15 Member States which are contracting parties to the 1973 Council of Europe Convention on transfer of corpses[21]. The Commission recommends that the remaining 12 Member States accede to this instrument. Ratification by all Member States should take place as soon as possible.
This could create a strong common platform to act at multilateral level to consider how to simplify procedures for the repatriation of remains from third countries.
- The Commission will recommend the Member States that have not yet acceded to the 1973 Council of Europe Convention to do so (2008)
- The Commission will consider how best to simplify procedures for repatriation of remains from third countries at multilateral level (2009)
5.2.4. Consider the need to simplify the procedures for financial advances
The Green Paper's suggestion to simplify procedures for financial advances (Article 6 of Decision 95/553/EC) met with mixed reactions. Some Member States considered that the existing procedures function well, while others favour a simplification and/or the creation of a compensation system.
The "Guidelines on Consular Protection" advocate that Member States reimburse the assisting State in a pragmatic way. In cases of repatriation, Member States are encouraged to reimburse each other on a pro-rata basis; the requesting Member State pursues the payment from its nationals. The Commission will examine further whether the existing procedures are satisfactory.
The possibility of setting up a compensation system between Member States will be examined. It could provide for Member States to be reimbursed for the costs incurred in providing consular protection to EU citizens of other Member States. The system should be administratively simple and efficient.
- The Commission will consider the need to simplify the procedures for financial advances (2009)
- The possibility of setting up a compensation system between Member States will be examined (2009)
5.3. Structures and resources
Several Member States use co-location arrangements[22] in third countries as a means to bring down costs and improve coordination. In Dar es Salaam and Abuja, the Commission delegations share premises with certain Member States. Each partner owns and pays its part of the building and the common costs are shared on a pro-rata basis.
The creation of common offices, available to all EU citizens, would compensate for the limited consular presence in third countries and these offices could be housed together with Commission delegations. The costs should be shared pro-rata between the participating Member States building on existing arrangements. In addition to the benefits which could derive from co-location (cost-saving and enhanced mutual cooperation), the common offices would function on the basis of a clear and transparent system of mutual representation. This system would constitute a step towards increased protection of EU citizens in need since it would function at all times, and not just for extraordinary events, such as conflicts and natural disasters. In this sense, it would complement the "Lead State" framework.
The Commission will examine the possibility of setting up, in cooperation with Member States and as a pilot project, a common office in a third country where few Member States are represented. The Commission will first examine the functions, organisation, resources, financing and burden-sharing of the pilot project. A system of deputising already exists, in particular in the field of the common visa policy where significant progress has been made through the Common Consular Instructions and the inauguration of the first EU "Common Visa Application Centre" in Moldova. The functions of the Common Visa Application Centre are currently very different from those of the envisaged common offices. However, in the long term, it could be envisaged to merge the two concepts into common offices which would perform a wide range of consular services, including the handling of visa applications.
Following an evaluation of the pilot project, the common offices could be expanded to other areas of the world.
- The Commission will propose to set up a common office in cooperation with Member States to be co-located with the Commission delegation in one region as a pilot project to be evaluated (2008)
5.4. Exchange of best practices and training
The public consultation confirmed the need to discuss common problems, promote the exchange of best practices and facilitate exchange of information between different actors. The Commission organised a seminar at the end of 2007, the results of which will serve as a basis for future action in this area.
- The Commission has organised a seminar to identify common problems and needs in this area (2007) with a view to facilitating the exchange of best practices and training (2008 onwards)
5.5. The consent of third country authorities
The requirement to obtain the consent of third countries is a general rule of international law. Article 20 TEC provides that Member States shall "start the international negotiations required to secure this protection". It has been argued that a unilateral notification to the receiving State could suffice in accordance with Article 8 of the Vienna Convention on Consular Relations[23] However, the explicit consent would enhance legal certainty and give European citizenship concrete meaning also vis-à-vis third countries.
Subject to the flexibility needed to take account of the specific circumstances of each negotiation and deal with this issue on a case by case basis, the Commission recommends Member States to include a consent clause in future bilateral agreements with third countries. Similarly, the Commission intends to propose to include a consent clause in future "mixed" agreements concluded by the Community and its Member States with third countries.
In the longer term, the Commission will also consider the possibility of obtaining the consent of third countries to allow the Union to exercise its protection through the Commission delegations. Although the Member States have the primary responsibility for ensuring protection to their citizens, the delegations could, where authorised by the Council, exercise protection in matters falling under Community competence in line with the case-law of the Court of First Instance[24].
- The Commission recommends that Member States negotiate a consent clause in bilateral agreements with third countries to ensure the protection of Union citizens by diplomatic and consular authorities (2007)
- The Commission intends to propose to negotiate a consent clause in future "mixed" agreements with third countries to ensure the protection of Union citizens by diplomatic and consular authorities (2008 onwards)
- The Commission will consider the possibility for the Union to exercise its protection through the Commission delegations in cases falling under Community competence (2009)
6. ACTION PLAN 2007-2009
Actions for 2007:
- Recommend that Member States print Article 20 TEC in passports
- Pursue information campaign
- Organise a seminar with Member States to explore their needs for exchange of best practices
- Recommend Member States to negotiate a "consent clause" in bilateral agreements with third countries
Actions for 2008:
- Set up an EU web-site on consular protection
- Recommend that Member States accede to the 1973 Convention on transfer of corpses
- Assess the extent and nature of discrepancies in Member States' legislations and practices in the field of consular protection
- Follow-up to the seminar
- Propose to set up a common office in a third country as a pilot project in cooperation with Member States
- Propose to negotiate a "consent clause" in "mixed" agreements with third countries
Actions for 2009:
- Provide telephone information on consular protection issues
- Examine the possibility of ensuring consular protection to Union citizens' family members who are third country nationals
- Consider how to simplify procedures for the repatriation of remains at multilateral level
- Consider the need to simplify the procedures for financial advances
- Examine the possibility of setting up a compensation system
- Consider the possibility for the Union to exercise protection through the Commission delegations in cases falling under Community competence
[1] Council document 16838/1/06 of 23 March 2007 on Presidency diplomatic representation in third countries, not published.
2 Impact assessment, points 2.2 and 2.8.
3 Database on population, section on tourism. Data include holiday and business trips of more than one day in 2005.
4 Eurobarometer No 118 of July 2006.
5 Impact Assessment, point 2.2.
6 Several initiatives to improve the Union's capability to respond to crises situations have been presented in the last years. One example is the report presented 9 May 2006 by Michel Barnier: "For a European civil protection force: Europe aid".
7 OJ L 314, 28.12.1995 p. 73.
8 OJ L 168, 16.7.1996, p. 4.
9 Document 10109/06 of the Council of the European Union, 2.6.2006.
10 COM(2006) 712.
11 The replies to the Green Paper are available at:
http://ec.europa.eu/justice_home/news/consulting_public/news_consulting_public_en.htm
12 http://www.travel-voyage.consilium.europa.eu
13 See footnote 6.
14 Document 10551/06 of 15.6.2006.
15 www.travel-voyage.consilium.europa.eu
16 "Presidency diplomatic representation in third countries – First half of 2007" document 16838/1/06 of the Council of the European Union, 23.3.2007.
17 See full text of draft Article 1 of the UN Report of the International Law Commission 2006 (A/61/10).
[2] Consular protection is the provision of support and assistance by a state to citizens abroad, either its nationals or those nationals to whom it has agreed to provide assistance. It can be provided by consular or diplomatic authorities.
19 See Impact Assessment, point 5.3.
20 See e.g. Directive 2004/38/EC (OJ L 158, 30.4.2004, p. 77).
21 Agreement on the Transfer of Corpses, Strasbourg 26.10.1973. The convention has to date been ratified by 21 States, including 15 Member States.
[3] This is the case e.g. in Abuja, Almaty, Ashgabat, Dar es Salaam, Pyongyang, Quito, Reykjavik, Minsk and Chisinau.
[4] This Article reads: "Upon appropriate notification to the receiving State, a consular post of the sending State may, unless the receiving State objects, exercise consular functions in the receiving State on behalf of a third State".
24 Case T-572/93.