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EU Consular Cooperation in Crisis Situations

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Crisis Management in the European Union

Abstract

Inside the territory of the European Union all 27 EU Member States are represented in all other states. This means that if an EU citizen travels to another EU Member State, he or she will find at least the embassy of his or her motherland in the capital of that EU Member State. However, outside the EU-borders there are today only three capitals in which all Member States are represented; Beijing, Moscow and Washington DC.1 At the end of 2004 when the tsunami hit South East Asia, most of the Member States did not have a representation in the countries that where affected by the disaster. In the popular tourist destination Thailand, for example, 17 Member States were represented whereas only six were represented in Sri Lanka and three in Brunei.2 Based on the experiences of recent crisis the EU has engaged in consular cooperation to improve the protection of EU citizens in third countries. Although not very well known among the citizens of the European Union, they can today receive consular assistance from any other Member State in a country where a persons' own country lacks representation.3

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Notes

  1. 1.

    EU initiative to strengthen consular protection for citizens outside the European Union. MEMO/07/551. Brussels, 5 December 2007.

  2. 2.

    European Commission Green Paper of 28 November 2006 on diplomatic and consular protection of Union citizens in third countries 712 final.

  3. 3.

    Upon the request of DG Justice, Freedom and Security the Gallup Organisation Hungary/Europe in the year 2006 conducted a survey of the consular protection. The investigation showed that, among the people interviewed in the then 25 Member States of the European Union, only 23% of the people were aware that they, if they lose their passport, are being arrested, or caught in a natural catastrophe like the tsunami, in a country where their own country has no embassy or consulate, may be entitled to turn to an embassy or a consulate of another EU Member State to seek consular assistance. Important to notice regarding this knowledge is however that there is a gap between new Member States and older and also between people who plan to travel outside the European Union and those who do not. For more information about the used survey methodology view the Annex of Consular Protection – analytical report. The Gallup Organisation (2006).

  4. 4.

    EU initiative to strengthen consular protection for citizens outside the European Union. MEMO/07/551, Brussels, 5 December 2007.

  5. 5.

    Jones-Bos and van Daalen (2008, p. 87–92).

  6. 6.

    The EU consular crisis management includes for example exchange of established contingency plans, travel recommendations and cooperation when urgent evacuation of EU citizens is needed.

  7. 7.

    The more normal day-to-day provision of support and assistance by states’ foreign missions to its nationals, or those nationals to whom it has agreed to provide assistance, who are in distress or other difficulties overseas, covers for example to help people to help themselves, i.e. with advice and information, providence of passport issuance, notarial services and visa applications, assistance in criminal cases, financial assistance etc. (this list is not exhaustive). See European Commission, DG JLS website; Consular and diplomatic protection.

  8. 8.

    See The Gallup Organisation (2006), Consular Protection – analytical report and EU initiative to strengthen consular protection for citizens outside the European Union MEMO/07/551, Brussels, 5 December 2007.

  9. 9.

    Porzio (2008, p. 97).

  10. 10.

    Although most Member States do not count the number of requests for consular assistance in third countries, it is estimated that around 0.53% of EU citizens need consular assistance when travelling outside the EU (around 425,000 cases per year). It is estimated that at least 37,000 of these cases concern Union citizens whose own Member States lacks representation in the third country in question. It is speculated if there is a connection between this relatively low number and citizen's limited knowledge of the fact that they may be entitled to consular assistance by other EU Member States. See The Gallup Organisation (2006), Consular Protection – Analytical Report and EU initiative to strengthen consular protection for citizens outside the European Union MEMO/07/551, Brussels, 5 December 2007.

  11. 11.

    European Commission Green Paper (28 November 2006) on diplomatic and consular protection of Union citizens in third countries 712 final.

  12. 12.

    For example British and Dutch nationals do not have a legal right to consular assistance overseas. This means that the British Government is under no general obligation by domestic or international law to provide consular assistance. However, consular assistance is provided as a matter of policy. Foreign and Commonwealth Office (2006) Support for British Nationals Abroad: A Guide.

  13. 13.

    Interview, Representative from the Swedish Ministry for Foreign Affairs, the Department for Consular Affairs and Civil Law (Consular Contingency Planning Section).

  14. 14.

    Porzio (2008, p. 96).

  15. 15.

    Article 8c in the Treaty of Maastricht (1992) later became Article 20 in the Treaty of Amsterdam (1997).

  16. 16.

    Council Decision (95 /553/EC). The decision entered into force on 3 May 2002 after a long process of ratification by the then 15 Member States.

  17. 17.

    If these documents have been stolen or lost, the embassy concerned may accept another proof of nationality. The European Commissions (DG JLS) webpage, diplomatic and consular protection.

  18. 18.

    Porzio (2008, pp. 93–97).

  19. 19.

    European Commission, DG JLS website; Diplomatic and consular protection.

  20. 20.

    Guidelines for consular cooperation in third countries was adopted and reviewed in 2000, 2001, 2003, 2005 and 2006. The guidelines are divided into two sections; one dealing with cooperation on day-to-day consular work and the other dealing with consular crisis management cooperation. The common consular guidelines are to be considered as “living documents” setting out recommendations on cooperation to the local representations for dealing with emergencies and crises. See COREU LON 0150/06 circulated on 28 March 2006.

  21. 21.

    Porzio (2006).

  22. 22.

    Council of the European Union guidelines on consular protection of EU citizens in third countries, Brussels, 16 June 2006 [document 10109/2/06 REV 2].

  23. 23.

    United Kingdom parliament (2007) UK response to the Commission's Green Paper on diplomatic and consular protection of union citizens in third countries.

  24. 24.

    COREU is an abbreviation for the French word “CORespondance EUropéenne” and can be described as an EU communication network between the Member States and the Commission for cooperation in the fields of foreign policy. The COREU-system guarantees that the messages reach all Member States' Ministries for Foreign Affairs and permanent representations and, via the acronym, the right services.

  25. 25.

    COCON travel risk assessment webpage.

  26. 26.

    See for example United Kingdom parliament (2007), UK response to the Commission's Green Paper on Diplomatic and consular protection of union citizens in third countries.

  27. 27.

    See Annex 1 in United Kingdom parliament (2007), UK response to the Commission's Green Paper on Diplomatic and consular protection of Union citizens in third countries.

  28. 28.

    See Council Secretariat webpage http://www.travel-voyage.consilium.europa.eu/default.asp?lang = EN (under construction).

  29. 29.

    See Joint Framework for EU cooperation and coordination in relation to emergencies in Japan.

  30. 30.

    Council of the European Union guidelines on consular protection of EU citizens in third countries, Brussels, 16 June 2006 [document 10109/2/06 REV 2].

  31. 31.

    This decision should be based on “pragmatism, flexibility and a fair division of the consular burden”. Council of the European Union guidelines on consular protection of EU citizens in third countries, Brussels, 16 June 2006 [document 10109/2/06 REV 2].

  32. 32.

    See Joint Framework for EU cooperation and coordination in relation to emergencies in Japan.

  33. 33.

    Ibid.

  34. 34.

    COREU LON 0150/06 circulated on 28 March 2006.

  35. 35.

    Finland assumed its presidency of the Council of the European Union in July 2006. During the 6-month long presidency the EU responded to crises such as the Lebanon evacuations (July and August); Turkey bombings (August); a military coup in Thailand (September); and an earthquake measuring 8.1 on the Richter scale in Japan (November). In December, a potential evacuation in Somalia that would have involved 2,000 EU citizens threatened. However, the return of commercial flights to the area enabling people to leave voluntarily prevented the need for evacuations on behalf of the EU. See WorldReach newsletter 2007, Coordinating consular response on behalf of the Council of the European Union.

  36. 36.

    Interview, Representative from the Swedish ministry for foreign affairs, the department for consular affairs and civil law (consular contingency planning section) 24 November 2008.

  37. 37.

    Council of the European Union reinforcing the European Union's emergency and crisis response capacities Brussels, 15 June 2006, [10551/06].

  38. 38.

    The EU Joint situation centre (SitCen) is located within the General Secretariat of Council and belongs to the services directly attached to the High Representative. SitCen monitors and assesses events and situations world-wide on a 24-h basis with a focus on potential crisis regions. SitCen also provides information to the EU Special Representatives and other high ranking EU officials as well as for EU military and civilian crisis management operations.

  39. 39.

    See Joint framework for EU cooperation and coordination in relation to emergencies in Japan.

  40. 40.

    Ibid.

  41. 41.

    Only France and Germany had embassies in Chad at the time of the evacuation in January 2008. Slovenian Presidency of the EU (2008) Press release: Evacuation of EU citizens from Chad and application of the consular Lead State concept, Press Releases 11.02.2008.

  42. 42.

    Council of the European Union reinforcing the European Union's emergency and crisis response capacities Brussels, 15 June 2006, 10551/06.

  43. 43.

    Council of the European Union guidelines on consular protection of EU citizens in third countries, Brussels, 16 June 2006 [document 10109/2/06 REV 2].

  44. 44.

    Ibid.

  45. 45.

    See Joint Framework for EU Cooperation and Coordination in Relation to Emergencies in Japan.

  46. 46.

    See for example Larsson (2005) The EU and the tsunami disaster – An analysis of the EU's capability to assist citizens in distress during disasters outside the borders of the Union” in Sweden and the tsunami – review and proposals: main report of the disaster Commission of 2005 (SOU 2005:104. pp. 387–415).

  47. 47.

    Ministry for Foreign Affairs of Finland (2006) EU troika and US ready to increase cooperation in consular crisis management.

  48. 48.

    Already in the Barnier report from 2006 one can find suggestion that the EU should provide consular assistance through Commission delegations or especially established “Euro consulates”. Most actors tend to dislike the idea. Instead the French Presidency has tried to push for the idea of pooling resources (“mutualisation”) which means that several consulates might co-locate, but remain separate from a conceptual point of view.

  49. 49.

    See EU initiative to strengthen consular protection for citizens outside the European Union. MEMO/07/551. Other relevant initiatives is the Minister cites Commission Communication (2006) 331 of 28 June 2006 and Barnier (2006).

  50. 50.

    Barnier (2006).

  51. 51.

    Porzio (2008, p. 97).

  52. 52.

    Great Britain and France for example have co-located embassies in Bosnia–Herzegovina, Brazil, Bangladesh, Botswana, Kuwait, Mozambique and Russia. Sweden, Finland and Denmark in turn have co-located embassies in Germany, Tanzania and Montenegro (situation as of November 2008).

  53. 53.

    Report on the Green Paper: Diplomatic and consular protection of Union citizens in third countries, European parliament committee on civil liberties, justice and home affairs.

  54. 54.

    European Commission (2007) Effective consular protection in third countries: the contribution of the European Union Action Plan 2007–2009.

  55. 55.

    Porzio (2008, p. 97).

  56. 56.

    For example there was a French push for a formal Council decision concerning the Lead State guidelines in November 2008 arguing that legally binding decision to lean against were to prefer since questions could emerge if for example an evacuation failed and if the Lead State in question was sued.

  57. 57.

    The communication can for example be about the acquirement of passenger lists or entry cards.

  58. 58.

    The Commission's concern for quick and simple identification and repatriation of mortal remains have made the Commission encourage further research and development into DNA identification techniques, computed tomography scanning and transmission of fingerprints. See Hagström Frisell and Oredsson (2006).

  59. 59.

    French Ministry for Foreign Affairs (2008).

  60. 60.

    Porzio (2008, p. 94).

  61. 61.

    Porzio (2008, p. 94).

  62. 62.

    The European Commission's webpage DG JLS Consular and diplomatic protection.

  63. 63.

    Council Decision (95/553/EC).

  64. 64.

    Porzio (2008, pp. 94–95).

  65. 65.

    Ibid. pp. 93–97.

  66. 66.

    See for example United Kingdom parliament (2007) UK response to the Commission's Green Paper on Diplomatic and consular protection of union citizens in third countries.

  67. 67.

    The investigation also showed that the preferred type of assistance varies due to the level of education, if people have plans to travel and due to age and gender. Help to immediately return home is, according to the investigation, the most desired assistance people in general would like to have followed by the possibility to communicate with somebody who talks their language. Older people prefer to communicate with someone who understands their language while younger people primarily would like to contact their family, boss, or bank. Citizens from the Netherlands, Austria and Belgium preferred their own country as source of assistance to the highest extent, while those from the Czech Republic, Slovakia and Latvia mentioned this with lower rate. See The Gallup Organisation (2006) Consular protection – analytical report.

  68. 68.

    The Bali bombings (12 October 2002), the Indian Ocean tsunami (26 December 2004), the Sharm-el-Sheik bombings (23 July 2005), Hurricane Katrina (August 2005), the Lebanon evacuation (July 2006), the Chad evacuation (January 2008) and most recent the incidents in Mumbai India (November/December 2008).

  69. 69.

    Bulletin of the European Union Council conclusions on consular cooperation between EU Member States.

  70. 70.

    See Council decision (95/553/EC).

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  1. Swedish Defence Research Agency, Gullfossgatan 6, SE-16490, Stockholm, Sweden

    Stefan Olsson

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  1. Madelene Lindström
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  2. Stefan Olsson
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  1. Swedish National Defence Research Agency, Gullfossgatan 6, Stockholm, 164 90, Sweden

    Stefan Olsson

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Lindström, M., Olsson, S. (2009). EU Consular Cooperation in Crisis Situations. In: Olsson, S. (eds) Crisis Management in the European Union. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-00697-5_6

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