S.I. No. 700/2024 - European Union (Consular Protection) (Amendment) Regulations 2024


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st December, 2024.

The Minister for Foreign Affairs, in exercise of the powers conferred on him by section 3 of the European Communities Act 1972 (No 27 of 1972) and for the purpose of giving further effect to Council Directive EU 2015/637 of 20 April 2015 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries and repealing Decision 95/553/EC1 , hereby makes the following regulations:

1. These Regulations may be cited as the European Union (Consular Protection) (Amendment) Regulations 2024.

2. Regulation 4 of the European Union (Consular Protection) Regulations 2018 ( S.I. No. 123 of 2018 ) is amended by the insertion of the following subparagraphs after subparagraph (7):

“(8) Where the Minister for Foreign Affairs receives a request for consultation from another assisting Member State in respect of a person who has sought consular protection or assistance from that Member State and who claims to be an unrepresented Irish citizen, the Minister shall provide the assisting Member State with all the relevant information at his or her disposal, including information relating to –

(a) the identity of the person concerned,

(b) the possible costs of consular protection, and

(c) any family members to whom consular protection may also need to be provided.

(9) The Minister for Foreign Affairs may, in respect of an Irish citizen who has sought consular protection or assistance from an assisting Member State, request the assisting Member State to redirect the Irish citizen’s application or case to the Minister for Foreign Affairs in order for the Minister to provide consular protection in accordance with his or her practice.

(10) Subject to any further suitable and specific measures to safeguard the fundamental rights and interests of data subjects, the Minister for Foreign Affairs may process such personal data, including biometric data, in respect of an unrepresented citizen’s application for consular assistance or protection as are required for the provision of such consular assistance or protection to the applicant however such personal data shall be retained by the Minister only for as long as necessary to carry out the tasks required under these Regulations.”.

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GIVEN under the Official Seal of the Minister for Foreign Affairs,

18 December 2024.

MICHEÁL MARTIN,

Minister for Foreign Affairs.

1 OJL, 106,24.4.2015, p.1