Scope

Evaluation of the Decision of the Representatives of the Governments of the Member States (96/409/CSFP) meeting within the Council of 25 June 1996 on the establishment of an emergency travel document

Evaluation findings

The evaluation of Decision 96/409/CFSP found that the issuance of EU emergency travel documents has been effective in providing genuine help to EU citizens in distress in third countries. The evaluation also found that EU emergency travel documents have provided a practical demonstration of the benefits of EU citizenship. These documents are expected to remain relevant in future.

However, the legal framework should be adapted to address certain implementation issues identified by the evaluation. In particular, these adaptations should aim to ensure consistency with Directive 2015/637 that lays down the measures facilitating consular protection of unrepresented citizens of the EU and to improve the security features of the EU emergency travel documents in the context of changing security needs. The key problems identified by the evaluation are the fragmented approach to the issuance of the documents and their perceived reduced acceptability, legal uncertainty, enforceability, and concerns about the security of the common format. Not all Member States use the emergency travel document format established by Decision 96/409/CFSP.

Which objectives did the Commission pursue?

There is a need to update the rules of Decision 96/409/CFSP and the format of the EU emergency travel documents (EU ETD). Decision 96/409/CFSP does not reflect the recent changes to EU rules on consular protection, and the EU ETD is not adapted to the current global security environment.

One issue of particular concern is that the current EU emergency travel document format is not sufficiently future-proof. It does not take into account the improvements in the security of travel documents and offers insufficient protection against fraud and counterfeits. This has led to fragmentation in the use of the EU ETD across the Union.

Moreover, Decision 96/409/CFSP is not aligned with Council Directive (EU) 2015/637, which governs consular protection for unrepresented citizens in general, and thus also contains rules applicable to the issuance of EU ETDs. Finally, certain design features of the common ETD format make it less likely to be accepted by third countries.

Estimated savings and benefits

The Commission proposal will bring benefits in many areas, though these are not easily quantifiable.

EU citizens would be able to obtain an EU emergency travel document from all Member States’ consulates, in line with the current EU acquis on citizens’ rights, in particular the Consular Protection Directive. The EU citizens would thus benefit from a legal right to an EU emergency travel document in more situations than is envisaged under the current Decision and from clearer issuing procedures and deadlines.

Member States and the EU would benefit from more secure borders, due to the improved security features of the new EU emergency travel document. The new document would also be more widely accepted and easier to process at the borders. Wider recognition would lead to financial savings for unrepresented citizens from reduced hassle costs and other savings, e.g. on hotel stays and alternative travel arrangements. The more secure format, multilingual and produced at EU-level, would represent a cost-efficient alternative for Member States who are considering replacing outdated national emergency travel documents. Finally, the Commission would be able to enforce the new legislation and monitor its implementation.

The simplification elements are estimated at EUR 93 000 annual savings for citizens. Given the lack of reliable data, the potential savings for businesses and border authorities have not been quantified.

On 8 December 2022, the Commission adopted Implementing Decision (EU) 2022/2452 of 8 December 2022 laying down additional technical specifications for the EU Emergency Travel Document established by Council Directive (EU) 2019/997. The Member State have until December 2024 to transpose the Directive into national law. To ensure a uniform starting date for the use of the new EU ETD format, all Member States are required to start applying their national provisions as of December 2025.