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Europe Daily Bulletin No. 10343
GENERAL NEWS / (eu) eu/jha

Consular protection, Commission plans to guarantee Europeans' rights

Brussels, 23/03/2011 (Agence Europe) - The European Commission intends to guarantee the rights of European citizens to consular protection and assistance wherever in the world they are, from any EU consulate or embassy. This is the gist of a communication published on Wednesday 23 March, which will be followed by legislative proposals within the next 12 months, a press release reports.

“During emergencies and crises, such as in Japan, Libya or Egypt, EU citizens abroad have the right to ask for assistance from any EU consulate or embassy when their member state is not represented in the country”, the Commission explains. As regards Libya, for example, around 6,000 citizens of the Union were in the country when the crisis broke out, the Commission states. Of these 1,345 were still there on 9 March 2011, but “only eight member states have representation in that country”.

The member states of the EU, the Commission states, are obliged to help to evacuate these citizens as if they were their own nationals, and this obligation “also applies in more everyday situations such as a lost or stolen passport, a serious accident or illness”, the institution explains. The Commission intends to present proposals, but in the meantime, launched a specific website on Wednesday (http://www.ec.europa.eu/consularprotection ), giving the addresses of the consular and diplomatic missions in third countries and providing access to the travellers' advisory services of all member states.

This consular protection and assistance already constitute an entitlement of the Europeans, but many of them “are unaware of their right to such protection”, the Commission explains. These days, as Europeans are travelling and working abroad more and more (upwards of 90 million trips outside the EU every year), there should be increased awareness. The legislative proposals to be put forward by the Commission will also aim to clarify things for the member states; they will focus on improving legal security “regarding the scope, conditions and procedures related to consular protection” and the use of resources, particularly in the event of a crisis, and on the implementation of the coordination and cooperation measures “necessary to facilitate day-to-day consular protection for unrepresented EU citizens”. They will also look at the question of financial compensation for this protection in the event of crisis.

Currently, there are differences in the legislation of the various member states on consular matters, the Commission explains, and “depending on which country an EU citizen turns to, the level of protection offered may differ”, as may the financial grants available (for example, for a flight home or a stay in a hotel). The Commission goes on to explain that a member state which lends assistance must first obtain the authorisation of the member state of origin of the citizen in question, which must then reimburse it, but may in turn require its national to reimburse it.

The Commission also intends to clarify the reimbursement rules. Currently, the member states receive compensation if they evacuate unrepresented EU citizens but in practice, these rules “are rarely applied”. The Commission therefore intends to simplify these provisions “to ensure equal assistance of unrepresented citizens and to encourage member states to assume an even more proactive role during crises”. (S.P./transl.fl)

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