Subject matter
1. This Directive lays down the coordination and cooperation measures necessary to facilitate the exercise of the right set out in point (c) of Article 20(2) TFEU, of citizens of the Union 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 any Member State on the same conditions as the nationals of that Member State, also taking into account the role of Union delegations in contributing to the implementation of that right.
2. This Directive does not concern consular relations between Member States and third countries.
General principle
1. Member States' embassies or consulates shall provide consular protection to unrepresented citizens on the same conditions as to their own nationals.
2. Member States may decide that this Directive shall apply to the consular protection provided by honorary consuls in compliance with Article 23 TFEU. Member States shall ensure that unrepresented citizens are duly informed about such decisions and the extent to which honorary consuls are competent to provide protection in a given case.
Consular protection by the Member State of nationality
The Member State of nationality of an unrepresented citizen may request the Member State from whom the unrepresented citizen seeks or receives consular protection to redirect the unrepresented citizen's application or case to his/her own Member State of nationality in order for that Member State of nationality to provide consular protection in accordance with its national law or practice. The requested Member State shall relinquish the case as soon as the Member State of nationality confirms that it is providing consular protection to the unrepresented citizen.
Unrepresented citizens in third countries
For the purposes of this Directive, ‘unrepresented citizen’ shall mean every citizen holding the nationality of a Member State which is not represented in a third country as set out in Article 6.
Family members of unrepresented citizens in third countries
Consular protection shall be provided to family members, who are not themselves citizens of the Union, accompanying unrepresented citizens in a third country, to the same extent and on the same conditions as it would be provided to the family members of the citizens of the assisting Member State, who are not themselves citizens of the Union, in accordance with its national law or practice.
Absence of representation
For the purposes of this Directive, a Member State is not represented in a third country if it has no embassy or consulate established there on a permanent basis, or if it has no embassy, consulate or honorary consul there which is effectively in a position to provide consular protection in a given case.
Access to consular protection and other arrangements
1. Unrepresented citizens shall be entitled to seek protection from the embassy or consulate of any Member State.
2. Without prejudice to Article 2, a Member State may represent another Member State on a permanent basis and Member States' embassies or consulates may, wherever deemed necessary, conclude practical arrangements on sharing responsibilities for providing consular protection to unrepresented citizens. Member States shall notify the Commission and the European External Action Service (EEAS) of such arrangements, which shall be publicised by the Union and Member States to ensure transparency for unrepresented citizens.
3. In cases where a practical arrangement has been concluded as provided for in paragraph 2, an embassy or consulate from which the unrepresented citizen seeks consular protection, and which is not designated as competent according to the specific arrangement in place, shall ensure that the application from the citizen is redirected to the relevant embassy or consulate, unless consular protection would thereby be compromised, in particular if the urgency of the matter requires immediate action by the requested embassy or consulate.
Identification
1. Applicants seeking consular protection shall establish that they are citizens of the Union by producing their passports or identity cards.
2. If the citizen of the Union is unable to produce a valid passport or identity card, nationality may be proven by any other means, if necessary including verification with the diplomatic or consular authorities of the Member State of which the applicant claims to be a national.
3. With respect to the family members referred to in Article 5, the identity and existence of the family relationship may be proven by any means, including verification by the assisting Member State with the diplomatic or consular authorities of the Member State of nationality of the citizens referred to in paragraph 1.
Types of assistance
The consular protection referred to in Article 2 may include assistance, inter alia, in the following situations:
(a)
arrest or detention;
(b)
being a victim of crime;
(c)
a serious accident or serious illness;
(d)
death;
(e)
relief and repatriation in case of an emergency;
(f)
a need for emergency travel documents as provided for in Decision 96/409/CFSP ( 8 ) .
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
