Activities of Tineke STRIK 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 (61)
Amendment 15 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The scope of the Directive (EU) 2015/637 should also be extended beyond EU citizens. In this sense, recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State should be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.
Amendment 16 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) The scope of the Directive (EU) 2015/637 should also be extended beyond EU citizens. In this sense, recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State should be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.
Amendment 18 #
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 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. Fundamental changes are needed in the EU’s preparedness, information-gathering and decision- making capacity ahead of and during crises. 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 19 #
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 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. Fundamental changes are needed in the EU’s preparedness, information-gathering and decision- making capacity ahead of and during crises. 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 7 a (new)
Recital 7 a (new)
(7a) Any additional specific circumstances or conditions possibly not covered by this Directive that might hamper a Union citizen to travel to a third country should also be taken into account when considering a citizen as unrepresented;
Amendment 24 #
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 7 a (new)
Recital 7 a (new)
(7 a) Any additional specific circumstances or conditions possibly not covered by this directive that might hamper a Union citizen to reach the embassy or consulate of their Member State should be interpreted as well when considering a citizen as unrepresented;
Amendment 27 #
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 31 #
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 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.
Amendment 36 #
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 39 #
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, 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 40 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 2a
Article 2a
(-1) In Chapter 1, the following Article 2a is inserted: ‘Article 2a Principle of non-discrimination and protection of vulnerable groups When providing consular protection to unrepresented citizens, Member States shall take into account the specific needs of vulnerable groups and individuals at risk of discrimination on any ground such as those 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 41 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 4 – paragraph 2
Article 4 – paragraph 2
(-1 a) in Article 4, the following paragraph 2 is added: ‘2. Recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State shall be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority’.
Amendment 43 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 6 – paragraph 2 – point (ca)
Article 6 – paragraph 2 – point (ca)
(c a) any other difficulties or local circumstances that might have been overseen by this regulation and prevent the citizen to reach the embassy or consulate concerned;
Amendment 46 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – introductory part
Article 1 – paragraph 1 – point 2 – introductory part
Directive (EU) 2015/637
Article 9
Article 9
(2) in Article 9, is amended as follows: (a) points (e) and (f) are replaced by the following:
Amendment 47 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive (EU) 2015/637
Article 12 – paragraph 2
Article 12 – paragraph 2
(f a) (b) the following point (g) is added: ‘(g) court proceedings, especially in cases where death penalty, another cruel, inhuman or degrading punishment, or long-term prison sentence may be imposed.’
Amendment 48 #
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 owns equally covering a fair share of the operational costs – flexibility, visibility of the coordinated Union response and openness to relevant third countries.
Amendment 50 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Unless otherwise agreed by the consular authorities of the Member States, tThe Chair shall be a representative of the Union delegation. Where no Union delegation is present, meetings shall be chaired by a representative of a Member State.
Amendment 51 #
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 if there are extraordinary circumstances that require so, and contain:
Amendment 52 #
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 (aa)
Article 13 – paragraph 1 – point (aa)
(a a) an analysis of all local staff having worked directly or indirectly for Member States embassies or consulates, EU Delegations or other EU or Member States’ projects, including a risk assessment for them and evacuation scenario’s;
Amendment 53 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
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. Joint consular contingency plans shall be made available to all Member States, the European Parliament, the EEAS and the Commission services.
Amendment 54 #
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 54 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
In third countries where no Union delegation is present, the coordination shall be done by the Chair of the local consular cooperation agreed pursuant to Article 12(3), supported by the EEAS. During the preparation of joint consular contingency plans, Member States and Union delegations shall cooperate with third countries and international organisations, including military organisations when necessary.
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 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. based on objective and reliable criteria. Member States and Union delegations shall also exchange information;
Amendment 57 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Diretive (EU) 2015/637
Article 13a
Article 13a
Article 13aC Emergency and crisis response
Amendment 58 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a (new)
Article 1 – paragraph 1 – point 5 – point a (new)
Directive (EU) 2015/637
Article 13aa
Article 13aa
a) (5 a) In Chapter 2, the following Article 13aa is inserted: ‘Article 13aa Permanent Consular Crisis Response Mechanism 1. A Permanent Consular Crisis Response Mechanism shall be established to guarantee the fulfilment of the right to consular protection under this Directive. This mechanism shall include the Member States, the Commission and the EEAS. 2. This mechanism shall have three different levels of activation: a) Monitoring mode: This mode shall allow information about a crisis to be exchanged on a voluntary basis. b) Information-sharing mode: This mode shall involve an obligation for the Commission and the EEAS to produce Integrated Situational Awareness and Analysis (ISAA) reports, as well as investment into situational awareness and preparedness for possible escalation. c) Full activation mode: This mode shall entail the preparation of proposals for action with regard to the EU response. 3. This mechanism, in any of the three modes as provided for in the previous paragraph, can be triggered by any Member State, the European Commission, the EEAS and the European Parliament.’
Amendment 59 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b (new)
Article 1 – paragraph 1 – point 5 – point b (new)
Directive (EU) 2015/637
Article 13ab
Article 13ab
b) (5 b) In Chapter 2, the following Article 13ab is inserted: ‘Article 13ab EU’s duty of care 1. Member States, the European Commission and the EEAS shall establish a permanent cross-institutions evacuation cell tasked with constantly monitoring countries at risk and identifying the ‘eligible persons’ to be evacuated and resettled in the event of a crisis. 2. Union delegations shall ensure the fulfiment of their duty of care responsibilities in line with the Decision of the High Representative of the Union for Foreign Affairs and Security Policy of 19 June 2023 on the security rules for the European External Action Service 2023/C 263/04. 3. In the event of a crisis in a third country that requires immediate evacuation of the personnel working in a Union delegation, the ‘staff placed under the responsibility of the EEAS’ as defined in Article 2 of the aforementioned Decision, as well as their eligible dependants, shall enjoy the same rights to consular protection granted to citizens of the Union under this Directive under the same conditions as the nationals of the Member States. 4. Member States shall also fulfil their duty of care responsibilities, particularly regarding the staff placed under the responsibility of their embassies and consulates, regardless of their administrative status or origin, as well as their eligible dependants. To this end, Member States shall regulate their own security rules with the aim at fulfilling their duty of care. Member States may request the support of other Member States and/or the EEAS when setting up their own security rules. 5. Union delegations and Member States’ consulates and embassies shall extend their duty of care of ‘entitled persons’ to contractors and local staff that previously worked with the missions.
Amendment 60 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c (new)
Article 1 – paragraph 1 – point 5 – point c (new)
Directive (EU) 2015/637
Article 13ac
Article 13ac
c) (5 c). in Chapter 2, the following Article 13ac is inserted: ‘Article 13ac EU’s responsibility to protect human rights defenders in third countries In the event of a crisis in a third country, Member States’ embassies and consulates and the respective Union delegation shall ensure the protection of human rights defenders at risk, including evacuation from the third country concerned to the EU as a last resort. To this end, Member States and Union delegations may take into account the EU Guidelines on Human Rights Defenders.’
Amendment 61 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d (new)
Article 1 – paragraph 1 – point 5 – point d (new)
Directive (EU) 2015/637
Article 13ad
Article 13ad
d) (5 d). in Chapter 2, the following Article 13ad is inserted: ‘Article 13ad Special protection of children 1. Member States, with the support of the Union delegations, shall take protective measures to ensure the right to consular protection of children in third countries, particularly when there is a risk of infringement of their rights enshrined in the Charter of Fundamental Rights of the EU and the UN Convention on the Rights of the Child. When providing consular assistance to children, Member States shall consider the child’s best interest as their primary consideration. 2. The Member State of nationality shall ensure the repatriatrion of children who are under its jurisdiction. In case the Member State of nationality is unwilling or unable to repatriate the children under its jurisdiction, the other Member States represented in a third country, with the assistance of the Union delegation if needed, shall provide the concerned children with the appropriate consular assistance, including repatriation.
Amendment 62 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13b – paragraph 1
Article 13b – paragraph 1
At least once per year, Member States shall provide the Commission, the European Parliament and the High Representative of the Union for Foreign Affairs and Security Policy with the following information:
Amendment 63 #
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) and (c), publicly available in a manner that ensures the coherence of the information provided.
Amendment 64 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13b – paragraph 3
Article 13b – paragraph 3
3. Where requested by the Commission, Member States shall provide the information referred to in paragraph 1 in a machine-readable format.
Amendment 65 #
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 includeMember States shall reproduce the first sentence of Article 23 TFEU on national passports. Member States may take, in particular the following measures:
Amendment 67 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive (EU) 2015/637
Article 2 a (new)
Article 2 a (new)
(-1) in Chapter 1, the following Article 2a is inserted: ‘Article 2a Principle of non-discrimination and protection of vulnerable groups When providing consular protection to unrepresented citizens, Member States shall take into account the specific needs of vulnerable groups and individuals at risk of discrimination on any ground such as those 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 67 #
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 69 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Directive (EU) 2015/637
Article 4 – subparagraph 1 a (new)
Article 4 – subparagraph 1 a (new)
(-1a) in Article 4, the following subparagraph 1a is added: ‘Recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State shall be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.’
Amendment 71 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13c – paragraph 2a
Article 13c – paragraph 2a
2 a. 3. The EEAS shall provide travel advice addressed to all Union citizens, especially regarding the security situation in the third country in question.’;
Amendment 75 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(ca) any other difficulties or local circumstances that might have been overseen by this Directive and that prevent the citizen to reach the embassy or consulate concerned.
Amendment 80 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2015/637
Article 19 – paragraph 3
Article 19 – paragraph 3
No sooner than [eightfour years after the transposition deadline of the amending Directive], the Commission shall carry out an evaluation of this Directive and present a report on the main findings to the European Parliament and the Council.
Amendment 83 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Unless otherwise agreed by the consular authorities of the Member States, tThe Chair shall be a representative of the Union delegation. Where no Union delegation is present, meetings shall be chaired by a representative of a Member State.
Amendment 86 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
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 if there are extraordinary circumstances that require so, and contain:
Amendment 89 #
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)
(aa) an analysis of all local staff having worked directly or indirectly for Member States' embassies or consulates, Union delegations or other EU's or Member States’ projects, including a risk assessment for them and evacuation scenarios;
Amendment 94 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
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. Joint consular contingency plans shall be made available to all Member States, the European Parliament, the EEAS and the Commission services.
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 2 – subparagraph 1 (new)
Article 13 – paragraph 2 – subparagraph 1 (new)
When necessary, during the preparation of joint consular contingency plans, Member States and Union delegations shall cooperate with third countries and international organisations, including military organisations.
Amendment 97 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
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 based on objective and reliable criteria. Member States and Union delegations shall also exchange information to ensure the consistency in the level of travel advice given.;
Amendment 100 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – introductory part
Article 1 – paragraph 1 – point 5 – introductory part
Directive (EU) 2015/637
Chapter 2 – introductory part
Chapter 2 – introductory part
(5) in Chapter 2, the following Article 13aa is inserted:
Amendment 101 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/637
Article 13 a – title
Article 13 a – title
Article 13a CEmergency and crisis response
Amendment 103 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/637
Article 13 a – paragraph 1
Article 13 a – paragraph 1
1. In the event of a crisis, the Uniona permanent mechanism of enhanced cooperation between the Union, particularly via its Union delegations, and Member States shall closely cooperatebe established to ensure efficient and timely assistance for unrepresented citizens. They shall, where possible, inform each other of all available evacuation capacities in a timely manner, includingparticularly in case of operations using military assets.
Amendment 106 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/637
Article 13 a – paragraph 2
Article 13 a – paragraph 2
2. Where necessary, Member States mayshall 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 voluntamandatory.
Amendment 109 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/637
Article 13 a – paragraph 4 a (new)
Article 13 a – paragraph 4 a (new)
4a. When appropriate, and particularly within the context of Common Security and Defence Policy (CSDP) operations, Member States shall cooperate with the EU Military Staff.’
Amendment 110 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive (EU) 2015/637
Article 13 a a (new)
Article 13 a a (new)
(5a) in Chapter 2, the following Article 13aa is inserted: ‘Article 13aa Permanent Consular Crisis Response Mechanism 1. A Permanent Consular Crisis Response Mechanism shall be established to guarantee the fulfilment of the right to consular protection under this Directive. This mechanism shall include the Member States, the Commission and the EEAS. 2. This mechanism shall have three different levels of activation: (a) Monitoring mode: This mode shall allow information about a crisis to be exchanged on a voluntary basis. (b) Information-sharing mode: This mode shall involve an obligation for the Commission and the EEAS to produce Integrated Situational Awareness and Analysis (ISAA) reports, as well as investment into situational awareness and preparedness for possible escalation. (c) Full activation mode: This mode shall entail the preparation of proposals for action with regard to the EU response. 3. This mechanism, in any of the three modes as provided for in the previous paragraph, can be triggered by any Member State, the European Commission, the EEAS and the European Parliament.'
Amendment 111 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
Directive (EU) 2015/637
Article 13 a b (new)
Article 13 a b (new)
(5b) in Chapter 2, the following Article 13ab is inserted: ‘Article 13ab EU’s duty of care 1. Member States, the European Commission and the EEAS shall establish a permanent cross-institutions evacuation cell tasked with constantly monitoring countries at risk and identifying the ‘eligible persons’ to be evacuated and resettled in the event of a crisis. 2. Union delegations shall ensure the fulfilment of their duty of care responsibilities in line with the Decision of the High Representative of the Union for Foreign Affairs and Security Policy of 19 June 2023 on the security rules for the European External Action Service 2023/C 263/04. 3. In the event of a crisis in a third country that requires immediate evacuation of the personnel working in a Union delegation, the ‘staff placed under the responsibility of the EEAS’ as defined in Article 2 of the aforementioned Decision, as well as their eligible dependants, shall enjoy the same rights to consular protection granted to citizens of the Union under this Directive under the same conditions as the nationals of the Member States. 4. Member States shall also fulfil their duty of care responsibilities, particularly regarding the staff placed under the responsibility of their embassies and consulates, regardless of their administrative status or origin, as well as their eligible dependants. To this end, Member States shall regulate their own security rules with the aim at fulfilling their duty of care. Member States may request the support of other Member States and/or the EEAS when setting up their own security rules. 5. Union delegations and Member States’ consulates and embassies shall extend their duty of care of ‘entitled persons’ to contractors and local staff that previously worked with the missions.'
Amendment 112 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 c (new)
Article 1 – paragraph 1 – point 5 c (new)
Directive (EU) 2015/637
Article 13 a c (new)
Article 13 a c (new)
(5c) in Chapter 2, the following Article 13ac is inserted: ‘Article 13ac EU’s responsibility to protect human rights defenders in third countries In the event of a crisis in a third country, Member States’ embassies and consulates and the respective Union delegation shall ensure the protection of human rights defenders at risk, including evacuation from the third country concerned to the EU as a last resort. To this end, Member States and Union delegations may take into account the EU Guidelines on Human Rights Defenders.’
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 d (new)
Article 1 – paragraph 1 – point 5 d (new)
Directive (EU) 2015/637
Article 13 a d (new)
Article 13 a d (new)
(5d) in Chapter 2, the following Article 13ad is inserted: ‘Article 13ad Special protection of children 1. Member States, with the support of the Union delegations, shall take protective measures to ensure the right to consular protection of children in third countries, particularly when there is a risk of infringement of their rights enshrined in the Charter of Fundamental Rights of the EU and the UN Convention on the Rights of the Child. When providing consular assistance to children, Member States shall consider the child’s best interest as their primary consideration. 2. The Member State of nationality shall ensure the repatriation of children who are under its jurisdiction. In case the Member State of nationality is unwilling or unable to repatriate the children under its jurisdiction, the other Member States represented in a third country, with the assistance of the Union delegation if needed, shall provide the concerned children with the appropriate consular assistance, including repatriation.'
Amendment 114 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Chapter 2 a – Article 13 b – paragraph 1 – introductory part
Chapter 2 a – Article 13 b – paragraph 1 – introductory part
At least once per year, Member States shall provide the Commission, the European Parliament and the High Representative of the Union for Foreign Affairs and Security Policy with the following information:
Amendment 120 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Chapter 2 a – Article 13 b – paragraph 2
Chapter 2 a – Article 13 b – paragraph 2
2. Member States, the Commission services and the EEAS shall make the information referred to in paragraph 1, points (a), (b) and (c), publicly available in a manner that ensures the coherence of the information provided.
Amendment 121 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Chapter 2 a – Article 13 b – paragraph 3
Chapter 2 a – Article 13 b – paragraph 3
3. Where requested by the Commission, Member States shall provide the information referred to in paragraph 1 in a machine-readable format.
Amendment 122 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Chapter 2 a – Article 13 c – paragraph 1 – introductory part
Chapter 2 a – Article 13 c – paragraph 1 – introductory part
1. Member States shall take measures to inform their citizens of their right set out in Article 20(2), point (c), TFEU. This may includeMember States shall reproduce the first sentence of Article 23 TFEU on national passports. Member States may take, in particular, the following measures:
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Chapter 2 a – Article 13 c – paragraph 1 – point a
Chapter 2 a – Article 13 c – paragraph 1 – point a
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Chapter 2 a – Article 13 c – paragraph 2 a (new)
Chapter 2 a – Article 13 c – paragraph 2 a (new)
2a. The EEAS shall provide travel advice addressed to all Union citizens, especially regarding the security situation in the third country in question.
Amendment 134 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2015/637
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
No sooner than [eightfour years after the transposition deadline of the amending Directive], the Commission shall carry out an evaluation of this Directive and present a report on the main findings to the European Parliament and the Council.