EU citizens should have rights written into passports

HONOR MAHONY

05.12.2007 @ 17:33 CET

EUOBSERVER / BRUSSELS - EU citizens in the future should have the right to demand consular protection from embassies other than their own written into their passports, the European Commission has suggested.

In plans unveiled on Wednesday (5 December), Brussels has proposed citizens travelling in countries outside the EU, where their own nation is not represented, should be able to go to the embassies of other member states to ask for help.

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From July 2009 this right - available to citizens since 1993 - should be written into new passports, or proclaimed on a sticker in still-valid passports.

"European Union citizens are part of a wider family when they travel within and outside the Union, not just in times of trouble but for general help and protection", EU justice commissioner Franco Frattini said.

The proposals come as an increasing number of EU citizens (between 30 to 50 million) live outside Europe, while around 7 million each year travel to countries where they have no diplomatic representation.

Only Russia, China and the US in the world have embassies of all 27 EU member states and while French, British and German citizens are well represented throughout the world with over 100 embassies each, Maltese and Cypriots have less than ten.

In addition, there are 18 countries – such as Somalia, Bhutan and the Bahamas - where no member states are represented and 17 countries where only one member state is represented.

The problem of lack of representation was highlighted during the Tsunami flood crisis in 2004 in south east Asia where many EU citizens found themselves without consular protection.

But less than a quarter of citizens know they have the right to go to other member states' embassies or consulates.

A ‘promotion' of rights

Wary of stepping on member states' toes in what is a sensitive political area, the commission says its non-binding suggestions are only aimed a "promoting" citizens' rights and that the EU itself will not be taking on consular activities.

But still it planning a pilot project next year under which a "common office" will be set up in a European Commission delegation in a country where few member states are represented.

These member states would then "share" consular duties between them with the project to be widened to other countries in the future.

A commission official said it was time to consider whether the "scope" of protection of citizens can be improved.

At the moment, EU citizens can ask for help in consulates other than their own in the case of serious accident or illness, arrest or detention.

Embassies are also obliged to provide the same treatment as for nationals to help distressed citizens, including through repatriation.

But the rules are unclear if, for example, an EU citizen, married to a non-EU citizen, asks help at another member state's embassy. At the moment, member states decide on a voluntary basis if they want to extend the protection to the non-EU citizen, as well.

In addition, rules on repatriation of a dead body are also unclear.