12.12.2008   

EN

Official Journal of the European Union

C 317/6

1.

Following on from the Council guidelines on consular protection for EU citizens in third countries of 16 June 2006 (footnote: document 10109/2/06 Rev 2) and document 10715/07 approved by the PSC, the present guidelines seek to implement the conclusions of the General Affairs and External Relations Council meeting on 18 June 2007 which aim to ‘strengthen consular cooperation between EU Member States through the implementation of the consular Lead State concept’. Those conclusions state that ‘in the event of a major consular crisis and without prejudice to the primary responsibility of Member States to protect their nationals, the Lead State will endeavour to ensure that all European Union citizens are assisted and will coordinate between Member States on the ground’.

2.

These guidelines have been drawn up as part of the obligation arising under Article 20 of the Treaty establishing the European Community and of the cooperation tasks as stipulated under Article 20 of the Treaty on European Union. A Member State would take on the role of Lead State on a voluntary basis, with the active support and participation of all Member States. In all cases, other Member States will continue to monitor the situation of their nationals on the ground, share intelligence and situation assessments and provide reinforcements and additional resources as required.

3.

In accordance with document 10715/07 approved by the PSC, at the end of the current trial period, which should inter alia enable further exercises to be organised, and on the basis of practical experience, the Member States will consider the option of formalising this framework through a legal decision.

4.

These guidelines do not exclude other additional forms of cooperation or coordination initiatives, given the specific situations that may arise in the event of a major consular crisis in third countries.

5.

These guidelines are not legally binding and are addressed solely to the Member States, the European Commission and the Council General Secretariat. These guidelines will be published in the Official Journal of the European Union.

1.1.

A Member State which wishes to assume the task of Lead State in a third country will notify this through the COREU network. Missions and posts in the third country will be informed at a local coordination meeting.

1.2.

If two Member States wish to assume jointly the task of Lead State in a third country, they will notify this jointly through the COREU network. Where there is more than one Lead State, responsibilities will be shared as appropriate and coordination arrangements clearly defined.

1.3.

If there is no objection from another Member State within 30 days or unless it renounces the task through the COREU network, the Member State will be declared the Lead State in the third country concerned.

1.4.

A list of third countries in which a Member State assumes the role of Lead State will be updated by the Council General Secretariat upon notification of a declaration or renunciation by a Lead State. The list will be published on the website hosted by the SITCEN and distributed to Member States on a regular basis.

1.5.

In the event of a major consular crisis in a third country where no Lead State has been declared, one or more Member States may assume this mission immediately if they notify this through the COREU network or by other appropriate means. Member States may decline the Lead State's offer as provided for in point 2.2.

2.1.

The Lead State will take on the following tasks:

2.2.

If the Lead State deems it necessary to evacuate the beneficiaries defined in point 3.1, it will inform the Member States concerned at local level and in the capitals. The Member States concerned will inform the Lead State in return regarding their national position on the evacuation, and regarding their wish to benefit or not from the assistance of the Lead State in the matter. If a Member State declines the assistance of the Lead State, it will be in charge of providing assistance to its nationals and to other potential beneficiaries of its consular assistance. Its nationals and other potential beneficiaries of its consular assistance remain, in accordance with the principle of non-discrimination, eligible to receive assistance from the Lead State. The possible consequences of the decision of the Member State to decline the assistance of the Lead State cannot be attributed to the Lead State.

2.3.

Participation of beneficiaries in an evacuation is voluntary. In the event of an evacuation, the Lead State's mission will end when the evacuees arrive at the Lead State's designated place of safety. It is not part of the Lead State's mission to to take evacuees anywhere other than the designated place of safety.

2.4.

If the Lead State, unlike other Member States, considers that it is not yet the right time for evacuation, it should, where possible, provide support to and coordinate assistance carried out by the other Member States.

3.1.

All persons who would be given consular assistance by their Member State may seek assistance from the Lead State.

4.1.

To ensure the proper conduct of the mission of the Lead State as defined in point 2.1, Member States will communicate the information that is strictly necessary (need to know) to carry out the mission, including as defined in Annexes I, II and III of the guidelines of 16 June 2006.

4.2.

The Lead State will undertake to use such information only in the strict framework of its tasks as the Lead State.

4.3.

Such information will be communicated locally to the Lead State's head of mission or post by the accredited heads of mission or post in the third country, in accordance with locally agreed communication processes.

4.4.

If a Member State has not appointed an accredited head of mission or post in the third country, it will communicate the necessary information to the Lead State in accordance with locally agreed communication processes.

4.5.

Absence or incompleteness of the information provided by a Member State to the Lead State will affect the ability of the Lead State to carry out its tasks, as defined in point 2.1. In such a case, the Lead State will assume its task of assistance only to the extent allowed by the information available.

5.1.

Having regard to the principle of European solidarity, and in accordance with the primary responsibility of Member States to protect their nationals, Member States will contribute to the proper conduct of the mission of the Lead State.

5.2.

On that basis, the Lead State may call on other Member States for the voluntary provision of logistical and human resources during times of crisis. Representatives of the Member States, working within the national crisis teams, may provide local support for the Lead State. The Lead State may also, if appropriate, seek support from instruments such as the Community Civil Protection Mechanism, the crisis management structures of the General Secretariat of the Council and logistical support from the local delegation of the European Commission. This role of the Commission should be agreed in the planning phase between the Lead State and the Commission delegation concerned. Commission staff will not undertake consular work.

5.3.

The Lead State will submit to the Member States a balance sheet of expenditure incurred by the Lead State and by the contributing States mentioned in point 5.2.

5.4.

The Lead State may request reimbursement of expenses generated by its mission. Upon request, the Member States will contribute to expenses generated by the Lead State's mission on a pro rata basis depending on the number of assisted persons. This contribution will be determined after deduction, where appropriate, of the expenditure mentioned in point 5.2. The Member State may obtain repayment of expenses from assisted persons, on the basis of the undertakings to repay collected as far as possible by the Lead State at the time of evacuation, in accordance with Decision 95/553/EC regarding protection for citizens of the European Union by diplomatic and consular representations.

5.5.

If a beneficiary of assistance from the Lead State claims compensation for damage suffered during an assistance mission of the Lead State, the Lead State and the Member State of the beneficiary will consult each other and consider further action in accordance with their national law and procedures and international law.

6.1.

Member States will take appropriate steps to bring these guidelines to the attention of all persons eligible to receive consular assistance from them, in particular via travel advice websites.