Brussels, 31/05/2007 (Agence Europe) - Discussions on the future of European consular protection are about to bring several major changes in the life of EU citizens abroad. The most emblematic example of this is definitely the creation of real “European consulates” in the future. This was one of the first results of the public hearing organised on Tuesday 29 May in Brussels under the aegis of the European Commission, bringing together over 150 participants from the Community institutions, member states, NGOs and the academic world. The meeting was aimed at sounding out public interest in proposals made in the Green Paper published in November 2006 (EUROPE 9316) for the last time before the Commission presents a strategic initiative this autumn, aimed at strengthening consular protection of European citizens.
Ins and outs of Community action: “The European Union needs to act to ensure that its citizens enjoy effective consular protection when their own states are not represented in a third country. Community action is necessary for several reasons”, said Commissioner for Justice, Freedom and Security Franco Frattini as the conference opened. At the present time, there are only three third countries in which the 27 member states are represented by an embassy or a consulate: the United States, Russia and China. According to the commissioner, Community action is essential for many reasons. The results of a recent Eurobarometer survey show that half the citizens of the EU (around 250 million) plan to travel outside the Union during the next three years. The recent disasters (tsunami in South East Asia, war in Lebanon, etc) show that thousands of European citizens can find themselves in emergency situations in countries where their member states are not even represented. Finally, very few people are aware of the existence of Article 20 of the EC Treaty which authorises EU citizens to have recourse to diplomatic and consular protection from authorities of any other member states present in the country where disaster befalls them, under the same conditions as those of the state of which they are nationals.
A single consulate? The idea of a “European consulate” associated to that of a pilot or leader state in some countries, was once more applauded by the former European commissioner, Michel Barnier, who said this should be set up as soon as possible in four regions (Caribbean, Balkans, Indian Ocean and West Africa). This suggestion appears in his report on the creation of a European civil protection force (EUROPE 9279). “We no longer have the power and the means to have parallel and different consulates. In 10 to 15 years' time, we should be able to have real networks of European consulates”, Barnier said. “As strengthened cooperation and consistent practices continue, why should there not be a real European consulate under the Commission aegis one day?”, he said, adding that, for this, it was necessary for the area of legal immigration to be brought under Community scope. “We should begin with consulates common to three or four member states” to help EU citizens, said Vice-Minister of Foreign Affairs of Cyprus Alexandros N. Zenon. France and Germany have already set up common embassy offices in Bosnia-Herzegovina and Montenegro, as well as in Kazakhstan, with the participation of the United Kingdom. According to Mr Zenon, “the EU may in the long term deliver assistance via delegations of the Commission and therefore see if the legal base exists so that the Commission can carry out a consular function”. He was convinced that the pooling of consular resources and cooperation would release resources for consular protection strictly speaking.
Autumn measures: Although the creation of “European consulates” is still a thing of the distant future, other initiatives should become the first to be part of the strategic initiative in the second part of 2007. So that the Commission can benefit from prerogatives in the field of consular protection, it will first of all be necessary to complete Article 20CE to create a Community legal base. The Commission intends to make a proposal along these lines allowing states to decide by unanimity (without Parliament co-decision). Other proposals of a binding nature or otherwise will follow, for example: - strengthened training of consular personnel on a regional basis; - information campaigns; - adoption of a Commission recommendation inviting member states to reproduce Article 20CE in EU passports (using a sticker as a temporary measure) to allow citizens to know their rights; - the possible creation of a free telephone line for consular protection; - the extension of consular protection to family members of the Union citizen, albeit with third country nationality; - the identification and simplification of procedures for bringing the body of deceased nationals back to the EU; - the simplification of procedures for financial loans to citizens in difficulty; - and the insertion of a consent clause in joint agreements signed with third countries. In so far as the theme of consular protection is at the very heart of national sovereignty, the director of Commission DG Justice, Freedom and Security, Jonathan Faull, pointed out to member states that the Commission did not intend to spring any “surprises” on them in this field or to “shy away” from progress to be made. (bc)