Activities of Jana TOOM related to 2023/0441(CNS)
Shadow reports (1)
REPORT on the proposal for a Council directive amending Directive (EU) 2015/637 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries and Directive (EU) 2019/997 establishing an EU Emergency Travel Document
Shadow opinions (1)
OPINION on the proposal for a Council directive amending Directive (EU) 2015/637 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries and Directive (EU) 2019/997 establishing an EU Emergency Travel Document
Amendments (26)
Amendment 14 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) The scope of the Directive (EU) 2015/637 should be extended to other categories of persons that have genuine links to a Member State or that are entitled to consular protection by that Member State. In this sense, recognised refugees, stateless persons and persons enjoying temporary protection who reside in a Member State as well as third- country nationals that reside in a Member State and are entitled to consular protection by that Member State should be entitled to consular protection in a third country where their Member State of residence is not represented under the same conditions as unrepresented citizens. This should include permanent residents of a Member State that are not citizens of any other state.
Amendment 15 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) The scope of the Directive (EU) 2015/637 should be extended to other categories of persons that have genuine links to a Member State or that are entitled to consular protection by that Member State. In this sense, recognised refugees, stateless persons and persons enjoying temporary protection who reside in a Member State as well as third- country nationals that reside in a Member State and are entitled to consular protection by that Member State should be entitled to consular protection in a third country where their Member State of residence is not represented under the same conditions as unrepresented citizens. This should include permanent residents of a Member State that are not citizens of any other state.
Amendment 19 #
Proposal for a directive
Recital 5
Recital 5
(5) As first criterion, consular authorities should take into account the difficulty for citizens to safely reach or be reached by the embassy or consulate of their Member State of nationality within a reasonable period of time, taking into account the nature and urgency of the assistance requested and the means, notably financial resources, available to them. While the apropriate period of time will depend on the particularities of each assistance request, the period for citizens to safely reach or be reached by the embassy or consulate of their Member State should in any case not exceed 48 hours. For example, the need for an EU Emergency Travel Document as a result of the loss of travel documents should, in principle, result in the citizen being considered as unrepresented if reaching the embassy or consulate of his or her Member State of nationality would require overnight or air travel, as he or she cannot be expected to travel under such circumstances.
Amendment 22 #
Proposal for a directive
Recital 5
Recital 5
(5) As first criterion, consular authorities should take into account the difficulty for citizens to safely reach or be reached by the embassy or consulate of their Member State of nationality within a reasonable period of time, taking into account the nature and urgency of the assistance requested and the means, notably financial resources, available to them. While the appropriate period of time will depend on the particularities of each assistance request, the period for citizens to safely reach or be reached by the embassy or consulate of their Member State should in any case not exceed 48 hours. For example, the need for an EU Emergency Travel Document as a result of the loss of travel documents should, in principle, result in the citizen being considered as unrepresented if reaching the embassy or consulate of his or her Member State of nationality would require overnight or air travel, as he or she cannot be expected to travel under such circumstances.
Amendment 35 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30 a) Member Sates should ensure that citizens have easy access to up-to date information regarding consular protection. In this regard, EU citizens should receive automated notifications regarding their rights and the procedures for exercising them while in third countries, particularly during crisis situations.
Amendment 35 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30 a) Member Sates should ensure that citizens have easy access to up-to date information regarding consular protection. In this regard, EU citizens should receive automated notifications regarding their rights and the procedures for exercising them while in third countries, particularly during crisis situations.
Amendment 38 #
Proposal for a directive
Recital 41
Recital 41
(41) When processing such special categories of personal data, the competent authorities of the Member States and Union institutions and bodies should ensure suitable and specific measures to safeguard data subjects’ interests and rights. This should include, where possible, encrypting such personal data and specific attribution of access rights for personnel who have access to the specified types of special categories of personal data.
Amendment 39 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive (EU) 2015/637
Article 5a
Article 5a
(-1) In Chapter 1, the following article 5a is added: Article 5a Unrepresented stateless persons and persons under protection in third countries Consular protection shall be provided to recognised refugees, stateless persons and persons enjoying temporary protection who reside in a Member State which is not represented in a third country, to the same extent and on the same conditions as it would be provided to recognised refugees, stateless persons and persons enjoying temporary protection who reside in the assisting Member State, in accordance with its national law or practice.
Amendment 44 #
Proposal for a directive
Recital 41
Recital 41
(41) When processing such special categories of personal data, the competent authorities of the Member States and Union institutions and bodies should ensure suitable and specific measures to safeguard data subjects’ interests and rights. This should include, where possible, encrypting such personal data and specific attribution of access rights for personnel who have access to the specified types of special categories of personal data.
Amendment 46 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive (EU) 2015/637
Article 5a
Article 5a
(-1) In Chapter 1, the following article 5a is added: Article 5a Unrepresented stateless persons and persons under protection in third countries Consular protection shall be provided to recognised refugees, stateless persons and persons enjoying temporary protection who reside in a Member State which is not represented in a third country, to the same extent and on the same conditions as it would be provided to recognised refugees, stateless persons and persons enjoying temporary protection who reside in the assisting Member State, in accordance with its national law or practice.
Amendment 54 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/367
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In the context of local consular cooperation referred to in Article 12, Member States and the EEAS shall set up and agree a joint consular contingency plan for each third country. The joint consular contingency plan shall be updated annually andor more frequently in cases where a risk assessment deems it necessary. The joint consular contigency plan shall contain:
Amendment 60 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall, in accordance with national law, provide their citizens with the possibility to register with or inform competent national authorities, by appropriate means and tools, of their travels to or residence in third countries. Where a third country is considered not safe according to their travel advice, Member States shall take proactive measures to inform their citizens of the aforementioned possibility.
Amendment 62 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/367
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Member States shall exchange information on changes to their travel advice to citizens at an early stage, in particular in the context of crisis situations, and shall seek to ensure consistency in the level of travel advice given.; The Commission services and the EEAS shall make the information on travel advice referred to in the first subparagraph of this paragraph publicly available in a manner that ensures the coherence of the information provided.
Amendment 66 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/367
Article 13c, paragraph 1, point –a
Article 13c, paragraph 1, point –a
(-a) developing automatic notification systems, such as short message systems via telephone networks, to provide their citizens with basic information about the right to consular protection and relevant contact information upon arrival to a third country, as well as alert messages during crisis situations;
Amendment 68 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/367
Article 13a – paragraph 2
Article 13a – paragraph 2
2. Where necessary, Member States may be supported by joint consular teams composed of experts from Member States, in particular from Member States not represented in the third country affected by the crisis, the EEAS and the Commission services. Joint consular teams shall be available for rapid deployment to third countries affected by a consular crisis. Participation in joint consular teams shall be volmandatory for Member States not represented in the third countary affected by the crisis.
Amendment 73 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/367
Article 13c – paragraph 1 – point –a (new)
Article 13c – paragraph 1 – point –a (new)
(-a) developing automatic notification systems, such as short message systems via telephone networks, to provide their citizens with basic information about the right to consular protection and revelant contact information upon arrival to a third country, as well as alert messages during crisis situations;
Amendment 73 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/367
Article 14, paragraph 2, subparagaph 1
Article 14, paragraph 2, subparagaph 1
If an unrepresented citizen is unable to pay the costs referred to in paragraph 1 to the assisting Member State when making a request for assistance, the assisting Member State may require the unrepresented citizen to sign an undertaking to repay. On that basis, the assisting Member State may ask the unrepresented citizen concerned to pay such costs once four weekthree months have passed since the assistance was provided.
Amendment 75 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/367
Article 15, paragraph 3a
Article 15, paragraph 3a
3 a. Where, in the crisis situations referred to in paragraph 1, recognised refugees, stateless persons and persons enjoying temporary protection who reside in a Member State are in need of assistance, Member States shall provide such assistance under the same conditions as represented and unrepresented citizens and the procedure in paragraphs 1 and 2 shall also apply to consular protection provided by the assisting Member State to recognised refugees, stateless persons and persons enjoying temporary protection who reside in another Member State.
Amendment 77 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/367
Article 16a, paragraph 1, point fa
Article 16a, paragraph 1, point fa
(f a) provide the information and warnings referred to in Article 13c(1), point (-a);
Amendment 78 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/367
Article 14 – paragraph 2
Article 14 – paragraph 2
If an unrepresented citizen is unable to pay the costs referred to in paragraph 1 to the assisting Member State when making a request for assistance, the assisting Member State may require the unrepresented citizen to sign an undertaking to repay. On that basis, the assisting Member State may ask the unrepresented citizen concerned to pay such costs once four weekthree months have passed since the assistance was provided.
Amendment 78 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/367
Article 16a, paragraph 6
Article 16a, paragraph 6
6. When processing the personal data referred to in paragraph 5, the competent authorities of the Member States and Union institutions and bodies shall ensure suitable and specific measures to safeguard data subjects’ interests and rights. They shall also introduce internal policies and undertake necessary technical and organisational measures to prevent unauthorised access and transmission of such personal data.
Amendment 79 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/367
Article 16b, paragraph 1
Article 16b, paragraph 1
Member States shall ensure that unrepresented citizens have access to an effective remedy under national law in the event of a breach of their rights under this Directive.
Amendment 80 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/367
Article 15 – paragraph 3a (new)
Article 15 – paragraph 3a (new)
3 a. Where, in the crisis situations refered to in paragraph 1, recognised refugees, stateless persons and persons enjoying temporary protection who reside in a Member State are in need of assistance, Member States shall provide such assistance under the same conditions as represented and unrepresented citizens and the procedure in paragraphs 1 and 2 shall also apply to consular protection provided by the assisting Member State to recognised refugees, stateless persons and persons enjoying temporary protection who reside in another Member State.
Amendment 83 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/367
Article 16a – paragraph 1 – point fa (new)
Article 16a – paragraph 1 – point fa (new)
(f a) provide the information and warnings referred to in Article 13c(1), point (-a);
Amendment 88 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/367
Article 16a – paragraph 6
Article 16a – paragraph 6
6. When processing the personal data referred to in paragraph 5, the competent authorities of the Member States and Union institutions and bodies shall ensure suitable and specific measures to safeguard data subjects’ interests and rights. They shall also introduce internal policies and undertake necessary technical and organisational measures to prevent unauthorised access and transmission of such personal data.
Amendment 92 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/367
Article 16b – paragraph 1
Article 16b – paragraph 1
Member States shall ensure that unrepresented citizens have access to an effective remedy under national law in the event of a breach of their rights under this Directive.