43 Amendments of Jean-Lin LACAPELLE related to 2023/0441(CNS)
Amendment 22 #
Proposal for a directive
Recital 5
Recital 5
Amendment 25 #
Proposal for a directive
Recital 17
Recital 17
(17) Recent events have highlighted the important contribution of Union delegations, in close cooperation with Member States, to the implementation of the right to consular protection. This has been the case in particular in third countries where few Member States are represented, in crisis situations, and as regards the exchange of information. Against this background, it is appropriate to clarify the supporting role of Union delegations in the implementation of the right to consular protection. For reasons of consistency and business continuity, Union delegations should normally chair local consular cooperation meetings and leadIt should be pointed out, however, that Union delegations in third countries cannot under any circumstances replace Member States’ consular and diplomatic services, as those setting up and agreement of joint consular contingency plans. In order to ensure coordination and effective protection of unrepresented citizens, Union delegations should also take part in the coordination of crisis response in close cooperation with thervices remain the exclusive prerogative of Member States.
Amendment 27 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Unrepresented citizens can be effectively reached even if Member States act independently of each other. Any action taken at Union level should under no circumstances lead to the establishment of a supranational crisis management instrument. Consequently, any amendment to the current Directive that seeks to grant Union delegations new powers to provide direct consular protection for unrepresented citizens in uncovered third countries must be rejected.
Amendment 28 #
Proposal for a directive
Recital 20
Recital 20
(20) Consular crisis preparedness is an essential requirement to ensure effective consular crisis response. Member States, supported by the European External Action Service (EEAS), should therefore ensure that adequate consular preparedness measures for the protection of unrepresented citizens are discussed and implemented in all third countries.
Amendment 33 #
Proposal for a directive
Recital 24
Recital 24
(24) The estimated number and location of Union citizens present in a third country is crucial information for the preparation of a joint consular contingency plan, notably where an evacuation or repatriation becomes necessary. In addition, Union citizens should be able to receive relevant information from their Member State of nationality in case of a crisis. It is therefore important that Member States provide their citizens withHowever, the fact of giving citizens of Member States the possibility to register with or inform competent national authorities, by appropriate means and tools, of their travels to or residence in third countries. For that purpose, Member States should, in accordance with Union and national law regarding personal data protection, lay down the categories of personal data required and the retention periods of such data would simply represent a fresh bureaucratic constraint.
Amendment 36 #
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, such coordination should take place at an early stage when Member States are planning to change the level of their travel advice.
Amendment 41 #
Proposal for a directive
Recital 26
Recital 26
(26) Efficient coordination is vital to ensure effective crisis response. To ensure such coordination, Member States should be supported 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, information on available evacuation capacity should be shared in a timely manner, including in case of rescue andMember States already ensure such coordination through diplomatic networks responsible for protection of their nationals abroad in the event of a crisis. Consequently, proposing a new legal basis for the possible deployment of joint consular teams would be tantamount to repudiating evacuation operations using military assetsh Member State’s own crisis management capacity.
Amendment 45 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) The EEAS must not take over Member State competences with regard to consular protection and/or assistance or coordination on the ground. Consequently, any increase in the budget and human resources for the EEAS would be inappropriate.
Amendment 50 #
Proposal for a directive
Recital 30
Recital 30
(30) To support Union citizens in need, it is important to provide them with reliable information on how to avail themselves of consular assistance in third countries. The Commission services and the EEASMember States should contribute to that objective by disseminating 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 citizen on their consular networks. To facilitate the processing of such information, it should be provided in machine-readable format.
Amendment 55 #
Proposal for a directive
Recital 32
Recital 32
(32) The financial provisions of Directive (EU) 2015/637 should be adapted to simplify reimbursements and continue ensuring financial burden- sharing. In particular, it should be possible for unrepresented citizens to directly reimburse costs, under the same conditions as nationals of the assisting Member State, for the service provided by that Member State to avoid the administrative burden resulting from seeking reimbursements from the citizen’s Member State of nationality. In addition, Member States should also be allowed to waive the charging of such costs. As, in certain situations, unrepresented citizens may not be able to pay when making the request for assistance, notably when their cash and means to access funds have been stolen, it is necessary to provide that they may be required by the consular authorities of the assisting Member State to sign an undertaking to repay. On the basis of such an undertaking, the authorities of the assisting Member State may ask for the reimbursement of the costs once four weeks have passed since the assistance was proConsular protection is a public service activity which must remain free of charge. Consequently, the provisions on the financial reimbursement of costs resulting from providing consular protection are inappropriate. The EEAS and the Commission must ensure that the distinction between consular protection and crisis management is properly taken into account when this Directive is revidsed.
Amendment 58 #
Proposal for a directive
Recital 34
Recital 34
Amendment 61 #
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, 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 62 #
Proposal for a directive
Recital 41
Recital 41
(41) WThen processing of 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 must take place in the context of international judicial cooperation under an international letter rogatory.
Amendment 65 #
Proposal for a directive
Recital 42
Recital 42
Amendment 70 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 6 – paragraph 1
Article 6 – paragraph 1
1. For the purposes of this 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 or consulate there which is effectively in a position to provide consular protection in a given case.
Amendment 71 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 6 – paragraph 2
Article 6 – paragraph 2
2. To determine whether a Member State has no embassy or consulate which is effectively in a position to provide consular protection in a given case, the embassy or consulate from which the unrepresented citizen seeks consular protection shall take into account the following criteria, in light of local circumstances:
Amendment 72 #
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 a
Article 6 – paragraph 2 – point a
Amendment 73 #
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 b
Article 6 – paragraph 2 – point b
(b) possible closures of the embassy or consulate of his or her Member State of nationality, including when it cannot be confirmed, within a reasonable period of time, awhen it cannot be confirmed that the embassy or consulate is operational and accessible;
Amendment 74 #
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
Article 6 – paragraph 2 – point c
(c) whether, by redirecting the citizen to the embassy or consulate of his or her Member State of nationality, consular protection would likely be compromised, in particular ifre the urgency of the matter requires immediate action by the requested embassy or consulate.
Amendment 76 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Without prejudice to Article 2, a Member State may represent another Member State on a permanent basis and Member States’ embassies or consulates may, wherever deemed necessary, conclude practical arrangements on sharing responsibilities for providing consular protection to unrepresented citizen, in all countries, systematically apportion nationals of the 27 Member States among a number of posts on the spot, with regular updates to take account of developments.
Amendment 77 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Union delegations shall closely cooperate and coordinate with Member States’ embassies and consulates to contribute to local consular cooperation,may contribute to crisis preparedness and crisis response, in particular by:
Amendment 78 #
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 e
Article 11 – paragraph 1 – point e
Amendment 79 #
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 f
Article 11 – paragraph 1 – point f
Amendment 80 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Union delegations shall support Member States in the provision of consular protection to unrepresented citizens in accordance with Article 5(10) of Decision 2010/427/EU. Such support may include carrying out, upon request by and on behalf of Member States, specific consular assistance tasks. The assisting Member State and the Member State of nationality shall provide the Union delegation with all the relevant information in the case concerned to the extent possible.
Amendment 82 #
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
Amendment 84 #
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 contingency plan must remain confidential and national, as threats may change over time depending on nationalities and the national policies followed. It may be the subject of exchanges of information and analysis but may not be fixed in a single consolidated document. It is necessary to monitor the situation and adapt to developments, and be able to contact people quickly. The joint consular contingency plan shall be updated annually and contain:
Amendment 88 #
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
Article 13 – paragraph 1 – point a
(a) an analysis of the consular situation in the country, including an overview of Member State embassies or consulates, an estimate of the number and location of Union citizens, and a risk assessment of the most plausible scenarios affecting Union citizens;
Amendment 91 #
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 b
Article 13 – paragraph 1 – point b
(b) joint consular crisis preparedness arrangements, including communication channels and contacts within local consular cooperation and with local authorities and relevant third countries;
Amendment 92 #
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 c
Article 13 – paragraph 1 – point c
(c) joint consular crisis response arrangements, including information- sharing and communication processes within local consular cooperation and with Union citizens, crisis meetings, cooperation with local authorities and relevant third countries and crisis and post- crisis actions;
Amendment 93 #
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
Amendment 96 #
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
Amendment 99 #
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 theTravel advice to citizens, while it may be similar, must remain countext of crisis situations, and shall seek to ensure consistency in the level of travel advice given.’ry- specific and shall not be equivalent.;
Amendment 102 #
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 Union and Member States shall closely cooperate to ensure efficient assistance for unrepresented citizens. They shall, where possible, inform each other of available evacuation capacities in a timely manner, including in case of operations using military assets.
Amendment 104 #
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 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 voluntary.
Amendment 108 #
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
Article 13 a – paragraph 4
4. When providing assistance, Member States may seek, if appropriate, support from Union instruments such as the crisis management structures of the EEAS and its Crisis Response Centre and, via the Emergency Response Coordination Centre established by Article 7 of Decision No 1313/2013/EU, the Union Civil Protection Mechanism.;
Amendment 115 #
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
Amendment 117 #
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 – point a
Chapter 2 a – Article 13 b – paragraph 1 – point a
Amendment 118 #
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 – point d
Chapter 2 a – Article 13 b – paragraph 1 – point d
Amendment 119 #
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 – point e
Chapter 2 a – Article 13 b – paragraph 1 – point e
Amendment 127 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/637
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16 a – paragraph 5
Article 16 a – paragraph 5
Amendment 130 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16 a – paragraph 6
Article 16 a – 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. They shall also introduce internal policies and undertake necessary technical and organisational measures to prevent unauthorised access and transmission of such personal data.
Amendment 135 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Directive (EU) 2019/997
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1