Activities of Ibán GARCÍA DEL BLANCO related to 2023/0441(CNS)
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 (38)
Amendment 15 #
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 in 2021, Russia’s war of aggression against Ukraine, the conflict in Sudan, the repatriations from Israel and Gaza, the multiplying humanitarian crises, as well as natural and human made disasters, 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. The EU’s capacity to respond to these ongoing multiplying crisis should be reinforced, addressing any shortcomings and strengthening our preparedness, information-gathering and decision-making capacity ahead of and during crisis. 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 23 #
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 mayshould be assisted by Union delegations.
Amendment 25 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure preparedness regarding possible consular crises requiring the provision of assistance to unrepresented citizens, local consular cooperation among Member States and Union delegations in third countries should include exchanges on matters relevant to such citizens, including their security and safety, the establishment of joint consular contingency plans, mechanisms for quick response, and the organisation of consular exercises. In this context, it can be particularly relevant for the consular authorities of unrepresented Member States to be included in such local consular cooperation when coordinating on consular crisis preparedness and response.
Amendment 27 #
Proposal for a directive
Recital 23
Recital 23
(23) Joint consular contingency plans should also take into account, where appropriate, the roles and responsibilities of Lead States, that is, Member States represented in a given third country that are in charge of coordinating and leading the assistance of unrepresented citizens during crises, to ensure the effective coordination of consular assistance. In addition, joint consular contingency plans should be evaluated annually, or more frequently if there are extraordinary circumstances or unstable contexts that require so, in the context of consular exercises to ensure their continued relevance. At the same time, joint consular contingency plans should not be understood as replacing existing national crisis plans of Member States or affecting their responsibility to provide consular assistance to their own nationals, but as a coherent approach that can additionaly help to coordinate the efforts of the represented Member States.
Amendment 29 #
Proposal for a directive
Recital 25
Recital 25
(25) Travel advice, that is, information issued by Member States about the relative safety of travelling to specific third countries, should be regularly updated in order to enables travellers to make an informed decision about a particular travel destination, including third countries where their Member State of nationality is not represented. While the issuance of travel advice is the responsibility of Member States, it is appropriate that they coordinate on that topic, notably in the context of crisis situations, with a view to ensuring, to the extent possible, consistency in the level of advice given. This could include agreeing on a common structure of the levels of risk indicated in travel advice, making use of the secure platform of the EEAS. Where possible, sSuch coordination should take place at an early stage when Member States are planning to change the level of their travel advice.
Amendment 30 #
Proposal for a directive
Recital 26
Recital 26
(26) Efficient coordination is vital to ensure effective crisis response. To ensure such coordination, Member States shouldhave to be supported and receive timely information by the Crisis Response Centre of the EEAS and the Emergency Response Coordination Centre of the Commission. Coordinated Union crisis response is particularly important in cases requiring evacuations to ensure that available support is provided efficiently, and that best use is made of available evacuation capacities. For that reason, first-hand and relevant information, such as on available evacuation capacity for instance, should be shared in a timely manner to be able to react rapidly and effectively, including in case of rescue and evacuation operations using military assets. . In this regard, the EEAS should be able to receive continuous and updated information from Member States on the situation in third countries.
Amendment 32 #
Proposal for a directive
Recital 28
Recital 28
(28) Joint consular teams should be based on the principles of voluntary participation, solidarity with represented Member States, equality with regard to decisions on internal working structures, simplicity regarding composition of teams, cost-sharing – with each Member State, Union institution or body bearing its own operational costs – flexibility, visibility of the coordinated Union response and openness to relevant third countries.
Amendment 33 #
Proposal for a directive
Recital 30
Recital 30
(30) To support Union citizens in need, it is important to provide them with accessible and reliable information on how to avail themselves of consular assistance in third countries. The Commission services and the EEAS should contribute to that objective by, in close coordination with Member States, should disseminatinge relevant information, including information to be provided by Member States on their consular networks and third countries where they have concluded practical arrangements on sharing responsibilities for providing consular protection to unrepresented citizens. To facilitate the processing of such information, it should be provided in machine-readable format.
Amendment 34 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30 a) Member States and EU relevant bodies shall ensure that consular protection information provided to EU citizens on digital platforms, including mobile applications, is updated, reliable, transparent and accessible. In this sense, a broadcast service should be established in order for EU citizens to receive contextualised messages related to their rights, how to exercise them when they arrive to third countries, and instant notifications in the event of a crisis. Additionally, a revised and improved joint EU portal for consular protection including all significat information, instructions for urgent situations and contact information of relevant EU delegations and consular states in third countries, should be considered.
Amendment 37 #
Proposal for a directive
Recital 31
Recital 31
(31) Member States should take additional measures to further contribute to raising Union citizen’s awareness of their right to consular protection, also taking into account the specific needs of persons with disabilities. Given the limited costs it entails for the Member States, one possible way to do so would be to should reproduce the wording of Article 23 TFEU in passports issued by Member States as a way to enhance citizens’ awareness of the right to protection by diplomatic and consular authorities, as already recommended by Commission Recommendation C(2007) 58415 . Member States could also feature information on the right to consular protection enjoyed by unrepresented citizens in travel advice and campaigns relating to consular assistance. They could also cooperate with passenger transport service providers and transport hubs offering travel to third countries, for example by inviting them to add relevant information on the right to consular protection to the information materials made available to customers. _________________ 5 Commission Recommendation C(2007) 5841 of 5 December 2007 on reproducing the text of Article 20 TEC in passports (OJ L 118, 6.5.2008, p. 30, ELI: http://data.europa.eu/eli/reco/2008/355/oj).
Amendment 40 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34 a) The impact of continuous crises and conflicts worldwide can entail the risk of overloading Member States’ consular protection and/or assistance, particularly in times of major crisis. The EEAS and EU Delegations, which have assumed an increasing role in this regard, have played a pivotal coordinating role on the ground. An appropriate increase of the EEAS budget and human resources should be granted, in addition to the revenue from Member States reimbursements, to guarantee the proper execution of responsibilities in providing assistance and/or protection to EU citizens.
Amendment 41 #
Proposal for a directive
Recital 40
Recital 40
(40) Given that consular tasks can vary significantly, covering sensitive situations such as arrest, incarceration, injury or being a victim of a crime, it is necessary to ensure that competent authorities of the Member States and relevant Union institutions and bodies have access to and can exchange all the necessary information, including personal data, that is required to provide consular protection to Union citizens. In that context, the competent authorities of the Member States and, where they provide support, Union institutions and bodies should be entitled to process special categories of personal data, providing for suitable and specific measures to safeguard the fundamentel rights and the interests of the data subject, where doing so is strictly necessary to provide consular protection to the person concerned. This should cover health data, which may need to be processed in order to provide consular protection to an unrepresented citizen who has been seriously injured or has fallen seriously ill. Persons’ facial images need to be processed notably in cases where an EU Emergency Travel Document is to be issued. Providing assistance to an unrepresented citizen, including in the defence of legal claims, may also exceptionally require the processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or data concerning sexual orientation. In certain cases, providing consular assistance may also require the processing of genetic data, such as when providing assistance in the context of serious accidents requiring the unique identification of an incapacitated person or in the context of establishing paternity. Finally, consular cases linked to arrest or detention may likely require the competent authorities to process personal data relating to criminal convictions and offences.
Amendment 43 #
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’ rights and interests. 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 49 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 7 – paragraph 4a (new)
Article 7 – paragraph 4a (new)
4 a. When providing consular protection to unrepresented citizens, Member States shall take into account the needs of vulnerable individuals at risk of discrimination on any ground referred to in Article 21 of the Charter, namely sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.
Amendment 50 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) facilitating , with the EEAS headquarters, the exchange of information between Member States’ embassies and consulates;
Amendment 51 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) facilitating, with the EEAS headquarters, where appropriate, the exchange of information with local authorities, diplomatic and consular authorities of third countries and international organisations;
Amendment 53 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 11 – paragraph 2a (new)
Article 11 – paragraph 2a (new)
2 a. Union delegations and the EEAS shall be allocated the necessary additional financial and human resources to cover the overhead and additional horizontal administrative workload.
Amendment 55 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
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, or more frequently in the event of extraordinary circumstances or unstable contexts, and contain:
Amendment 57 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 1 – point a a(new)
Article 13 – paragraph 1 – point a a(new)
(a a) an estimate and overview of the available evacuation capacities;
Amendment 58 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 2
Article 13 – paragraph 2
Where present, Union delegations shall coordinate the setting up and agreement of joint consular contingency plans, based on contributions made by the embassies or consulates of the Member States represented in the third country concerned and the consular authorities of unrepresented Member States. When necessary, this may include the cooperation with third countries and international organisations. Joint consular contingency plans shall be made available to all Member States, the EEAS and the Commission services.
Amendment 64 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 5a (new)
Article 13 – paragraph 5a (new)
5 a. Member States shall enhance situational awareness with Union delegations in third countries, including by regularly sharing risk assessments updates and possible threats to the security of EU citizens, and by exchanging information on their travel advice;
Amendment 65 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 –paragraph 5b (new)
Article 13 –paragraph 5b (new)
5 b. The EEAS, in close cooperation with Member States, shall provide consular crisis preparedness, simulation and response training to Union officials and Member States’ diplomatic and consular staff to improve their ability to manage crisis situations and provide assistance to EU citizens abroad;
Amendment 67 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/637
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 inThe EEAS and the Commission shall support the preparedness of those experts and of the joint consular teams shall be voluntary.
Amendment 69 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/637
Article 13a – paragraph 4
Article 13a – paragraph 4
4. When providing assistance, Member States may seek, if appropriate,be supported from Union instruments such as the crisis management structures of the EEAS and its Crisis Response Centre and, via. Member States may also involve the Emergency Response Coordination Centre established by Article 7 of Decision No 1313/2013/EU, the Union Civil Protection Mechanism and, if appropriate, EU missions and operations under the framework of the Common Security and Defence Policy and the EU Rapid Deployment Capacity as provided for in the ‘Strategic Compass for Security and Defence’.;
Amendment 71 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13b – paragraph 2
Article 13b – paragraph 2
2. Member States, the Commission services and the EEAS shall make the information referred to in paragraph 1, points (a), (b), (c) and (c),d) publicly available in a manner that ensures the coherence of the information provided.
Amendment 72 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13c – paragraph 1
Article 13c – paragraph 1
1. Member States shall take measures to inform their citizens of their right set out in Article 20(2), point (c), TFEU. This may include in particular the following measuresIn particular by:
Amendment 74 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13c – paragraph 1 – point a
Article 13c – paragraph 1 – point a
Amendment 75 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13c – paragraph 1 – point ca (new)
Article 13c – paragraph 1 – point ca (new)
(c a) developing automatic notification systems, such as short message systems via telephone networks, to provide all EU citizens with basic contact information for consular protection upon arrival to a third country, as well as instant notifications in the event of a crisis
Amendment 77 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13c – paragraph 1 – point cb (new)
Article 13c – paragraph 1 – point cb (new)
(c b) In addition, Member States shall reproduce the first sentence of Article 23 TFEU on national passports
Amendment 79 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/637
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Commission may adopt implementing acts establishing standard forms, available in all Member State languages, to be used for the undertaking to repay referred to in paragraph 2 and for the repayment of the costs from the Member State of nationality referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15a(2).
Amendment 81 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16a – paragraph 1
Article 16a – paragraph 1
1. For the purposes of this Directive, the competent authorities of the Member States shall process personal data in compliance with applicable regulations and only to:
Amendment 84 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16a – paragraph 4
Article 16a – paragraph 4
4. Personal data processed pursuant to paragraphs 1 and 2 shall be limited to what is strictly necessary to carry out the tasks referred therein, such as the identity of the person in need of consular protection and the circumstances of the consular case.
Amendment 85 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16a – paragraph 5
Article 16a – paragraph 5
5. The competent authorities of the Member States and Union institutions and bodies may process personal data revealing, , providing for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject, when such data reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, data concerning sex life or sexual orientation or personal data relating to criminal convictions and offences of a person in need of consular protection where doing so is strictly necessary to be able to carry out the tasks referred to in Article 9, Article 10, Article 11 and Article 13a in relation to that person.
Amendment 86 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
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’ rights and interests. They shall also introduce internal policies and undertake necessary technical and organisational measures to prevent unauthorised access and transmission of such personal data. Access rights to the personal data referred to in paragraph 5 shall be conferred to authorised personnel only.
Amendment 89 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16a – paragraph 7 – subparagraph 1
Article 16a – paragraph 7 – subparagraph 1
For the purposes of this Directive, the competent authorities of the Member States shall transfer personal data to a third country or international organisation only to carry out the tasks referred to in Article 9, Article 10 and Article 13a and in accordance with Chapter V of Regulation (EU) 2016/679. Personal data referred to in paragraph 5 shall be excluded from such transfer, unless explicit prior consent of the EU data subject.
Amendment 90 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16 – paragraph 7 – subparagraph 2
Article 16 – paragraph 7 – subparagraph 2
For the purposes of this Directive, Union institutions and bodies shall transfer personal data to a third country or international organisation only to carry out the tasks referred to in Article 10(1), Article 11 and Article 13a and in accordance with Chapter V of Regulation (EU) 2018/1725. Personal data referred to in paragraph 5 shall be excluded from such transfer, unless explicit prior consent of the EU data subject.
Amendment 91 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16b – paragraph 1
Article 16b – paragraph 1
Member States shall ensure that unrepresented citizens have an effective access to complaint mechanisms and remedyies under national law in the event of a breach of their rights under this Directive.
Amendment 93 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2015/637
Article 19 – paragraph 3
Article 19 – paragraph 3
No sooner than [eightfour years after the transposition deadline of the amending Directive], and every four years thereafter, the Commission shall carry out an evaluation of the transposition and application of this Directive and present a report on the main findings to the European Parliament and the Council, including possible breaches of the rights under this Directive.