Directive 2015/637 - Coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This directive has been published on April 24, 2015, entered into force on May 14, 2015 and should have been implemented in national regulation on May  1, 2018 at the latest.

2.

Key information

official title

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
 
Legal instrument Directive
Number legal act Directive 2015/637
Original proposal COM(2011)881 EN
CELEX number93 32015L0637

3.

Key dates

Document 20-04-2015; Date of adoption
Publication in Official Journal 24-04-2015; OJ L 106 p. 1-13
Effect 14-05-2015; Entry into force Date pub. +20 See Art 20
End of validity 31-12-9999
Transposition 01-05-2018; At the latest See Art 17.1

4.

Legislative text

24.4.2015   

EN

Official Journal of the European Union

L 106/1
 

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

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Parliament (1),

Acting in accordance with a special legislative procedure,

Whereas:

 

(1)

Citizenship of the Union is the fundamental status of nationals of the Member States. The right 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 another Member State on the same conditions as the nationals of that State is one of the specific rights that point (c) of Article 20(2) of the Treaty on the Functioning of the European Union (TFEU) grants to citizens of the Union.
 

(2)

The Treaty of Lisbon reinforced the status of citizenship of the Union and strengthened the rights attached to it. Article 23 TFEU thus provides for the adoption of directives establishing the cooperation and coordination measures necessary to facilitate consular protection for unrepresented citizens of the Union.
 

(3)

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

(4)

The aim of this Directive is to lay down the cooperation and coordination measures necessary to further facilitate consular protection for unrepresented citizens of the Union. Those measures should enhance legal certainty as well as efficient cooperation and solidarity among consular authorities.
 

(5)

In accordance with point (c) of Article 20(2) TFEU and Article 23 TFEU, Member States should provide consular protection to unrepresented citizens on the same conditions as to their own nationals. This Directive does not affect Member States' competence to determine the scope of the protection to be provided to their own nationals.
 

(6)

This Directive does not affect consular relations between Member States and third countries, in particular their rights and obligations arising from international customs and agreements, in particular from the Convention of 24 April 1963 on Consular Relations (the Vienna Convention), that Member States apply in compliance with Union law. Under Article 8 of the Vienna Convention, Member States may provide consular protection on behalf of another Member State upon appropriate notification and unless the third country concerned objects. Difficulties may occur, in particular, in relation to situations involving citizens who are also nationals of the host country. Member States, supported by local consular cooperation, should undertake the necessary measures in relation to third countries to ensure that consular protection can be provided on behalf of other Member States in any given case.
 

(7)

Where unrepresented citizens need protection in third countries, efficient cooperation and coordination is required. The assisting Member State present in a third country and the...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

7.

Full version

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The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

8.

EU Monitor

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  • 1. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 2. 
    COM(2010) 603 final.

     
  • 3. 
    OJ 2010/C 115/01 - The Stockholm Programme
     
  • 4. 
    European Parliament Resolution of 25 November 2009 on the Communication from the Commission to the European Parliament and the Council
     
  • 5. 
    European Parliament Resolution of 11 December 2007 on the Green Paper: Diplomatic and consular protection of Union citizens in third countries. OJ C 323E, 18.12.2008, p. 120.

     
  • 6. 
    COM(2010) 603 final.

     
  • 7. 
    COM(2011) 149 final.

     
  • 8. 
    Article 23(2) TFEU.

     
  • 9. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 10. 
    Article 1 of Decision 95/553/EC.

     
  • 11. 
    Representatives of Member States consulted expressed different views (e.g. travel distance of less than 400 km or on an island).

     
  • 12. 
    For instance contact details of unrepresented Member States' authorities as well as of translators/lawyers/doctors speaking the language of unrepresented citizens.

     
  • 13. 
    Article 35 of the Treaty on European Union.

     
  • 14. 
    Lead States are currently established in 29 third countries out of 146 where at least one Member State is represented.

     
  • 15. 
    Article 6 of the Decision 95/553/EC, Guidelines on consular protection of EU citizens in third countries (Council document 10109/06 of 16 June 2006 revised by Council document 15613/10 of 5 November 2010
     
  • 16. 
    Notably high time pressure and considerable numbers of citizens to be assisted.

     
  • 17. 
    OJ C 30 of 10.2.2007, p. 8.

     
  • 18. 
    Kazakhstan, Sri Lanka, Cuba and Egypt.

     
  • 19. 
    A study (2009) on Member States' legislations and practices, carried out by the Instituto Europeo de Derecho, examined laws and practices of Member States in the field of consular protection. The CARE (Citizens Consular Assistance Regulation in Europe) project activities (2009-2011), realised with the financial support of the Fundamental Rights
     
  • 20. 
    Most of the Member States consulted indicated that a one way travel time up to 6 hours to reach the consulate would appear reasonable (63% according to the online survey, 37% of Member States pointed to other travel time, but Member States frequently pointed out that urgent cases may require swifter treatment).

     
  • 21. 
    See Impact Assessment p. 26.

     
  • 22. 
    As expressed inter alia at the dedicated workshop of 23 June 2011.

     
  • 23. 
    According to the online survey and as resulting from consultations and interviews with Member State experts.

     
  • 24. 
    According to the online survey among Member States 68,8% of respondents considered clarity of legal proposals as a very important (50%) or an important (18%) factor for an even more efficient consular assistance; as regards overcoming practical challenges (e.g. ensuring clear communication channels) responses were similar (43% very important, 37% important).

     
  • 25. 
    As expressed in the dedicated workshop of 23 June 2011 and in bilateral consulations.

     
  • 26. 
    Cf. for instance case C-60/00 Carpenter .

     
  • 27. 
    It should be born in mind that not all consular services offered to nationals/EU citizens can be applied to their third country family members. Notably, emergency travel documents cannot be issued (neither to third country family members of nationals nor to those of EU citizens); detained third country family members can be visited unless the consular authorities of the third country object.

     
  • 28. 
    As identified in the study of the Instituto Europeo de Derecho and as described in the Council framework under the Spanish Presidency. See Annex V of the Impact Assessment.

     
  • 29. 
    Pro-rata reimbursement refers to a proportional reimbursement based on the number of persons assisted (total costs divided by the number of assisted persons).

     
  • 30. 
    I.e. standardised costs for evacuation, medical evacuation and shelter.

     
  • 31. 
    COM(2010) 603 final.

     
  • 32. 
    Communication from the Commission, COM(2010) 573 final of 19.10.2010.

     
  • 33. 
    COM(2010) 603 final.

     
  • 34. 
    COM(2011) 149 final.

     
  • 35. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 36. 
    OJ L 158, 30.4.2004, p. 77.

     
  • 37. 
    OJ C 317/6, 12.12.2008 (Council document 2008/C 317/06).

     
  • 38. 
    OJ L 281, 23.11.1995, p. 31.

     
  • 39. 
    OJ 2010/C 115/01 - The Stockholm Programme
     
  • 40. 
    As provided for in Decision 96/409/CFSP of the representatives of the governments of the Member States, meeting within the Council on the establishment of an emergency travel document. OJ L 168, 16.7.1996, p. 4.

     
  • 41. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 42. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 43. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 44. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 45. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 46. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 47. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 48. 
    COM(2010) 603 final.

     
  • 49. 
    OJ 2010/C 115/01 - The Stockholm Programme
     
  • 50. 
    European Parliament Resolution of 25 November 2009 on the Communication from the Commission to the European Parliament and the Council
     
  • 51. 
    European Parliament Resolution of 11 December 2007 on the Green Paper: Diplomatic and consular protection of Union citizens in third countries. OJ C 323E, 18.12.2008, p. 120.

     
  • 52. 
    COM(2010) 603 final.

     
  • 53. 
    COM(2011) 149 final.

     
  • 54. 
    Article 23(2) TFEU.

     
  • 55. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 56. 
    Article 1 of Decision 95/553/EC.

     
  • 57. 
    Representatives of Member States consulted expressed different views (e.g. travel distance of less than 400 km or on an island).

     
  • 58. 
    For instance contact details of unrepresented Member States' authorities as well as of translators/lawyers/doctors speaking the language of unrepresented citizens.

     
  • 59. 
    Article 35 of the Treaty on European Union.

     
  • 60. 
    Lead States are currently established in 29 third countries out of 146 where at least one Member State is represented.

     
  • 61. 
    Article 6 of the Decision 95/553/EC, Guidelines on consular protection of EU citizens in third countries (Council document 10109/06 of 16 June 2006 revised by Council document 15613/10 of 5 November 2010
     
  • 62. 
    Notably high time pressure and considerable numbers of citizens to be assisted.

     
  • 63. 
    OJ C 30 of 10.2.2007, p. 8.

     
  • 64. 
    Kazakhstan, Sri Lanka, Cuba and Egypt.

     
  • 65. 
    A study (2009) on Member States' legislations and practices, carried out by the Instituto Europeo de Derecho, examined laws and practices of Member States in the field of consular protection. The CARE (Citizens Consular Assistance Regulation in Europe) project activities (2009-2011), realised with the financial support of the Fundamental Rights
     
  • 66. 
    Most of the Member States consulted indicated that a one way travel time up to 6 hours to reach the consulate would appear reasonable (63% according to the online survey, 37% of Member States pointed to other travel time, but Member States frequently pointed out that urgent cases may require swifter treatment).

     
  • 67. 
    See Impact Assessment p. 26.

     
  • 68. 
    As expressed inter alia at the dedicated workshop of 23 June 2011.

     
  • 69. 
    According to the online survey and as resulting from consultations and interviews with Member State experts.

     
  • 70. 
    According to the online survey among Member States 68,8% of respondents considered clarity of legal proposals as a very important (50%) or an important (18%) factor for an even more efficient consular assistance; as regards overcoming practical challenges (e.g. ensuring clear communication channels) responses were similar (43% very important, 37% important).

     
  • 71. 
    As expressed in the dedicated workshop of 23 June 2011 and in bilateral consulations.

     
  • 72. 
    Cf. for instance case C-60/00 Carpenter .

     
  • 73. 
    It should be born in mind that not all consular services offered to nationals/EU citizens can be applied to their third country family members. Notably, emergency travel documents cannot be issued (neither to third country family members of nationals nor to those of EU citizens); detained third country family members can be visited unless the consular authorities of the third country object.

     
  • 74. 
    As identified in the study of the Instituto Europeo de Derecho and as described in the Council framework under the Spanish Presidency. See Annex V of the Impact Assessment.

     
  • 75. 
    Pro-rata reimbursement refers to a proportional reimbursement based on the number of persons assisted (total costs divided by the number of assisted persons).

     
  • 76. 
    I.e. standardised costs for evacuation, medical evacuation and shelter.

     
  • 77. 
    COM(2010) 603 final.

     
  • 78. 
    Communication from the Commission, COM(2010) 573 final of 19.10.2010.

     
  • 79. 
    COM(2010) 603 final.

     
  • 80. 
    COM(2011) 149 final.

     
  • 81. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 82. 
    OJ L 158, 30.4.2004, p. 77.

     
  • 83. 
    OJ C 317/6, 12.12.2008 (Council document 2008/C 317/06).

     
  • 84. 
    OJ L 281, 23.11.1995, p. 31.

     
  • 85. 
    OJ 2010/C 115/01 - The Stockholm Programme
     
  • 86. 
    As provided for in Decision 96/409/CFSP of the representatives of the governments of the Member States, meeting within the Council on the establishment of an emergency travel document. OJ L 168, 16.7.1996, p.
     
  • 87. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 88. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 89. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 90. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 91. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 92. 
    OJ L 314, 28.12.1995, p. 73.

     
  • 93. 
    Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
     
  • 94. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.