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Consular protection for unrepresented Union citizens in third countries
Consular protection for unrepresented Union citizens in third countries
David de Groot, Members' Research Service
Summary
During the October I part-session, the European Parliament is due to vote on a new report on a European Commission proposal to amend two directives: the directive on the coordination and cooperation measures to facilitate consular protection for unrepresented Union citizens in third countries, and the directive on the emergency travel document. Parliament adopted its non-binding position in 2024 and, after the Council's substantial changes to the original proposal, is now reconsulted on the amended one.
Translations are available for this publication.
Statement of purpose
Reconsultation: 2023/0441(CNS); Committee responsible: LIBE; Rapporteur: Lena Düpont (EPP, Germany). For further information see our 'EU Legislation in progress' briefing.
Background
EU citizens have the right to consular protection in third countries – when the EU Member State of nationality is not represented in that country – by the consular authorities of any other Member State on the same conditions as the nationals of that state. This is a fundamental right guaranteed by Article 20(2)(c) of the Treaty on the Functioning of the European Union (TFEU) and Article 46 of the EU Charter of Fundamental Rights. The legal basis – Article 23 TFEU – provides for a special legislative procedure in which the European Parliament is consulted. Parliament's position is therefore non-binding on the Council.
The importance of consular protection has been particularly noticeable in recent crises, such as the COVID‑19 pandemic, when EU citizens were stranded abroad, the evacuation of Europeans from Afghanistan in August 2021, and their repatriation from the Middle East in March 2026.
Practical arrangements for exercising the right to consular protection, as well as the exact meaning of 'unrepresented', are laid down in Directive 2015/637. The emergency travel document is set out in Directive 2019/997.
European Commission proposal
On 6 December 2023, the European Commission published a proposal amending Directives 2015/637 and 2019/997. On 24 April 2024, Parliament issued its opinion, considering, among other things, that the proposal should also cover recognised refugees and stateless persons resident in the EU. Since the Council changed the proposal substantially, Parliament is now reconsulted on the amended proposal.
The Council, however, has retained much of the Commission's original proposal. The main differences from the first consultation are the removal of the amendment to Article 6 (originally proposed by the Commission, which would have clarified the meaning of 'unrepresented') and a less detailed Article 13c on the information to be provided to EU citizens.
The amended proposal would allow more cooperation between local consular bodies from different Member States, as well as burden sharing in crisis situations. Furthermore, the proposal would increase the role of Union delegations, which would closely cooperate and coordinate with Member States' embassies and consulates to contribute to local consular cooperation, crisis preparedness and crisis response. In certain circumstances, the Union delegation would also be able to carry out specific consular assistance tasks itself.
Classification
Policy areas: Area of Freedom, Security and Justice
Regions: European Union
Committees: Civil Liberties, Justice and Home Affairs (LIBE)
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Disclaimer
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