Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-02-04-Speech-3-293"
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"en.20090204.17.3-293"2
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"Mr President, this debate on consular protection is, once again, a timely one. A series of events over the last few years have highlighted the importance of consular cooperation among the EU Member States. From Lebanon in 2006, through Chad to the recent tragic events in Mumbai – all have demonstrated the growing risks to citizens of the Union when travelling abroad. The extent of these risks is even greater as increasing numbers of people take advantage of low-cost travel to visit more remote regions of the world.
The Council has recently developed the ‘Lead State’ concept. This means that, in the case of a significant incident, particularly in a country where few Member States are represented, one or two Member States can take the lead in coordinating action in matters of protection and evacuation.
There has also been increased cooperation with some countries outside the Union, for example the US, with which we have annual consultations on consular issues. Norway, Switzerland and Canada have also cooperated with the EU on specific incidents, for example during the Lebanon, Chad and Mumbai crises.
The Commission and Council Secretariat are also part of European Consular Cooperation. Several years ago the Council Secretariat set up a secure internet forum through which consular authorities exchange information on issues such as updating travel advice. The Council has also put at the disposal of Member States a sophisticated teleconferencing system which has been widely used during consular crises.
About three years ago, a platform for exchange of information and political coordination of action at EU level was established. This platform is called Crisis Coordination Arrangements (CCA). The two main actors of CCA are as follows: first, the Presidency, assisted by the Council Secretariat and the Commission, decides whether to trigger the CCA; second, COREPER II is the ‘action platform’ responsible for coordinating Member States’ action or preparing any decisions that may need to be taken at EU level.
The main operational tool is the EU Joint Situation Centre (SITCEN) of the Council Secretariat. SITCEN provides logistical and information support.
In addition, successive presidencies have organised regular consular crisis management exercises which have proved particularly valuable. A European Consular Training Programme was launched at the end of 2008 with the aim of improving cooperation between consular officials, both from capitals and in the field. The co-location of consular facilities is also under consideration.
There is certainly more that could be done. Many other issues, for example prison conditions, parental child abduction and consular information policy, are discussed regularly. But we also have to accept the reality that, whilst expectations and demands from citizens grow continually, resources for consular authorities are always limited. Support for improved cooperation in the consular field is not always matched by adequate budgets at the national level. Squaring this circle will remain a challenge.
Experience shows that cooperation in the consular field is valued, and there are a number of cases where we can be pleased with the results. The successful evacuation of over 20 000 EU citizens from Lebanon in 2006 is just one example. The Presidency is committed to taking this work forward, and I would like to thank Parliament for its support.
Cooperation between Member States in this area is therefore important. It offers a better service and an enhanced level of consular assistance. This is of direct benefit to EU citizens.
The Treaties provide us with a basis for this cooperation. Article 20 states clearly, and I quote: ‘Every citizen of the Union shall, in the territory of a third country in which the Member State of which he is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that state. Member States shall establish the necessary rules among themselves and start the international negotiations required to secure this protection.’
The rules mentioned in this article are set out in a decision which was adopted in 1995. This decision specifies that assistance within a third country may be requested from a Member State other than one’s own, on condition that there is no accessible permanent representation or accessible Honorary Consul competent for such matters.
In practice that means that a consul who is asked by a citizen of another Member State for assistance should refuse such assistance if that citizen’s authorities (consulate or embassy) are also represented.
The 1995 decision is a decision between the Member States, reflecting the fact that consular assistance and protection is an exclusive national responsibility and that consular relations are governed mainly by the Vienna Convention on Consular Relations.
The rules on cooperation in this area also reflect the fact that consular assistance and protection are viewed differently in different Member States. Some, for example, consider it to be a fundamental right of all citizens. Others consider it to be a service provided by the state. That is why the Treaty refers to consular protection as an ‘entitlement’ and not a ‘right’.
Since the Jolo crisis in 2000, consular cooperation has been further developed to include aspects of crisis management. The terrorist attacks in the US showed that even third countries with sophisticated infrastructure can find it difficult to cope under extreme circumstances.
Member States subsequently drew up guidelines to handle such crises. Although non-binding, they have been used effectively on a number of occasions and have been refined in the light of experience."@en1
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