Activities of Assita KANKO 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
Amendments (11)
Amendment 20 #
Proposal for a directive
Recital 2
Recital 2
(2) Crises resulting in requests for consular protection are increasing in frequency and scale. The COVID-19 pandemic, the crisis in Afghanistan, Russia’s war of aggression against Ukraine, the conflict in Sudan, the repatriations from Israel and Gaza, growing role of phenomenon force marriage and marital captivity and other similar crises have provided a context to identify gaps and reflect on how to further facilitate the exercise of the right to consular protection. Drawing lessons from those experiences, and in order to simplify procedures for citizens and consular authorities, the rules and procedures of Directive (EU) 2015/637 should be clarified and streamlined so as to improve the effectiveness of the provision of consular protection to unrepresented citizens of the Union, in particular in crisis situations. Best use should be made of the available resources at Member State and Union level, both locally in third countries and at capital level.
Amendment 21 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) It is also necessary to take into account the growing role of phenomenon force marriage and marital captivity, affect ten of a thousand of European citizens - mostly women, every year. Force marriage and marital captivity violate article 5 (right to liberty and security), article 8 (right to respect for private and family life), article 12 (right to marry), article 14 (prohibition of discrimination) of the European Convention on Human Rights and also violate a wide range of provisions under the Istanbul Convention. Due to the often cross-border nature of these phenomena, EU consular protection should provide appropriate measures and instruments to support victims, in particular, appropriate legal and psychological assist for victims.
Amendment 24 #
Proposal for a directive
Recital 6
Recital 6
(6) Possible closures of the embassy or consulate of the citizen’s Member State of nationality should also be considered, notably during crisis situations. This also applies to a situation in which the embassy or consulate has lost human resources to such an extent that it makes it difficult or impossible for them to function efficiently and effectively. Where the embassy or consulate from which the unrepresented citizen seeks consular protection cannot confirm, in a timely manner, that the embassy or consulate of the citizen’s Member State of nationality is operational and accessible, the citizen should be considered as unrepresented.
Amendment 26 #
Proposal for a directive
Recital 10
Recital 10
(10) Where a crisis situation results in a large number of applications for consular protection, the embassies and consulates of the Member States represented in the third country concerned should be given the possibility to agree to distribute applications based on available capacity with a view to making best use thereof. For that purpose, they may bshould be entitled to use assisted by from Union delegations.
Amendment 28 #
Proposal for a directive
Recital 11
Recital 11
(11) Applications should not be transferred if consular protection would thereby be compromised, in particular if the urgency of the matter requires immediate action by the embassy or consulate of the Member State approached. That could be the case, for example, in cases of serious medical emergencies or seemingly arbitrary or politically motivated arrests. In addition, unrepresented citizens should be kept informed about any such transfers.
Amendment 31 #
Proposal for a directive
Recital 13
Recital 13
(13) When providing consular protection to unrepresented citizens, Member States should take into account the specific needs of vulnerable groups, such as unaccompanied minors, victims of force marriage or marital captivity, pregnant women, persons with reduced mobility, elderly people, persons with disabilities or individuals at risk of discrimination on any ground such as those referred to in Article 21 of the Charter.
Amendment 33 #
Proposal for a directive
Recital 14
Recital 14
(14) It is necessary to ensure optimal access to justice for Union citizens victimised in third countries, which requires closer contact and cooperation between authorities and support organisations of third countries and consular authorities and support organisations of Member States. Citizens victimised in third countries should also be considered victims of force marriage or marital captivity, for whom specific and adapted assistance should be provided. It requires measures to train police and legal professionals to properly recognize the situation of marital captivity and ensure adequate assist for victims, including legal assists and psychological help if necessary.
Amendment 37 #
Proposal for a directive
Recital 33
Recital 33
(33) In cases where the costs have not been repaid by the citizen directly, that is, neither immediately when making the request or at a later stage when having been requested to do so by the assisting Member State on the basis of the undertaking to repay, the assisting Member State should be entitled to ask for the reimbursement of the costs due from the unrepresented citizen’s Member State of nationality. To avoid being faced with requests for reimbursement after long periods, the assisting Member State and Member State of nationality should be given a reasonable deadline to, respectively, make the request and reimbursement. The deadline should take into account the complexity of the problem, the involvement of the facility's staff and the duration of assistance
Amendment 42 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Article 6 – paragraph 2
Article 6 – paragraph 2
(c a) a significant reduction in the staff of the embassy or consulate, which may significantly affect the effectiveness and efficiency of their operations
Amendment 68 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 13c
Paragraph 1
(a) reproducing at least the first sentence of Article 23 TFEU on national passports in a visible place ;
Amendment 74 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Article 14
Paragraph 4
4. When the consular protection provided to an unrepresented citizen involves unusually high but essential and justified costs related to travel, legal or psychological help also for victims of marital captivity and force marriage, accommodation or translation for the diplomatic or consular authorities, the assisting Member State may, within 12 months of the assistance provided, ask for the reimbursement of such costs directly from the unrepresented citizen's Member State of nationality, which shall reimburse them within a reasonable period of time, not exceeding 12 months.