14 Amendments of Idoia VILLANUEVA RUIZ related to 2023/0441(CNS)
Amendment 16 #
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)
(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 17 #
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, the multiplying humanitarian crises 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 crises has dwindled and action to address these shortcomings should be addressed. 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 17 #
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, the multiplying humanitarian crises 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 crises has dwindled and action to address these shortcomings should be addressed. 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 20 #
Proposal for a directive
Recital 3
Recital 3
(3) Directive (EU) 2015/637 defines ‘unrepresented citizen’ as every citizen holding the nationality of a Member State or persons who do not hold the nationality of any country, who reside in a Member State and are holders of travel document issued by that Member State which is not represented in a third country. Pursuant to that Directive, a Member State is not represented in a third country if it has no embassy or consulate established there on a permanent basis, or if it has no embassy, consulate or honorary consul there which is effectively in a position to provide consular protection in a given case. Given the absence of more detailed criteria in Directive (EU) 2015/637, past experiences have shown that it may be difficult to determine whether the latter criterion is fulfilled. This can result in citizens being wrongly considered, by the consular authorities they have approached, as represented by their Member State of nationality and thus refused consular protection.
Amendment 20 #
Proposal for a directive
Recital 3
Recital 3
(3) Directive (EU) 2015/637 defines ‘unrepresented citizen’ as every citizen holding the nationality of a Member State or persons who do not hold the nationality of any country, who reside in a Member State and are holders of travel document issued by that Member State which is not represented in a third country. Pursuant to that Directive, a Member State is not represented in a third country if it has no embassy or consulate established there on a permanent basis, or if it has no embassy, consulate or honorary consul there which is effectively in a position to provide consular protection in a given case. Given the absence of more detailed criteria in Directive (EU) 2015/637, past experiences have shown that it may be difficult to determine whether the latter criterion is fulfilled. This can result in citizens being wrongly considered, by the consular authorities they have approached, as represented by their Member State of nationality and thus refused consular protection.
Amendment 40 #
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
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 49 #
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 49 #
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 64 #
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. 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 64 #
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. 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 68 #
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) 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 68 #
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) 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.’