Activities of Anna FOTYGA 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 (24)
Amendment 29 #
Proposal for a directive
Recital 21
Recital 21
(21) Past crises have shown in some cases the relevance of contingency planning and the usefulness of joint consular contingency plans, known as ‘Joint EU Consular Crisis Preparedness Frameworks’, in third countries, involving the participation of the diplomatic and consular authorities of all Member States, as well as of the local Union delegation. Such plans should be tailored to local circumstances, set a clear division of responsibilities between represented and non-represented Member States and the Union delegation and include a set of procedures and activities to be carried out at local level in case of a crisis, with a specific attention to the consular protection of unrepresented citizens. The need for joint consular contingency plans should be evaluated on a case-by-case basis in light of the situation and the principles of voluntary participation.
Amendment 29 #
Proposal for a directive
Recital 21
Recital 21
(21) Past crises have shown in some cases the relevance of contingency planning and the usefulness of joint consular contingency plans, known as ‘Joint EU Consular Crisis Preparedness Frameworks’, in third countries, involving the participation of the diplomatic and consular authorities of all Member States, as well as of the local Union delegation. Such plans should be tailored to local circumstances, set a clear division of responsibilities between represented and non-represented Member States and the Union delegation and include a set of procedures and activities to be carried out at local level in case of a crisis, with a specific attention to the consular protection of unrepresented citizens. The need for joint consular contingency plans should be evaluated on a case-by-case basis in light of the situation and the principles of voluntary participation.
Amendment 37 #
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 if they wish, 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, while also taking into account the differences in risk levels that different Member States may be posed to. 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 37 #
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 if they wish, 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, while also taking into account the differences in risk levels that different Member States may be posed to. 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 43 #
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 bemay seek supported by from 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 and evacuation operations using military assets.
Amendment 43 #
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 bemay seek supported by from 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 and evacuation operations using military assets.
Amendment 47 #
Proposal for a directive
Recital 27
Recital 27
(27) The COVID-19 pandemic highlighted the need for Member States to work together and support each other in the context of multi-disciplinary crisis teams referred to as joint consular teams. The deployment of a joint consular team to a third country in crisis situations can be critical in helping to prevent that the consular authorities of represented Member States become overwhelmed with the demands of the situation and be requested by the Member State to process provide support.
Amendment 47 #
Proposal for a directive
Recital 27
Recital 27
(27) The COVID-19 pandemic highlighted the need for Member States to work together and support each other in the context of multi-disciplinary crisis teams referred to as joint consular teams. The deployment of a joint consular team to a third country in crisis situations can be critical in helping to prevent that the consular authorities of represented Member States become overwhelmed with the demands of the situation and be requested by the Member State to process provide support.
Amendment 53 #
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 EEAS shouldmay 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 citizens. To facilitate the processing of such information, it should be provided in machine-readable format.
Amendment 53 #
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 EEAS shouldmay 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 citizens. To facilitate the processing of such information, it should be provided in machine-readable format.
Amendment 57 #
Proposal for a directive
Recital 32
Recital 32
(32) The financial provisions of Directive (EU) 2015/637 shouldmay 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 provided.
Amendment 57 #
Proposal for a directive
Recital 32
Recital 32
(32) The financial provisions of Directive (EU) 2015/637 shouldmay 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 provided.
Amendment 66 #
Proposal for a directive
Recital 43
Recital 43
(43) It is necessary to further specify safeguards applicable to the personal data processed, such as the maximum retention period of personal data collected. To ensure the collection of any applicable costs, a maximum retention period of 12 months for the assisting Member State or Union institutions and bodies and 24 months for the Member State of nationality is necessary, unless in cases of criminal or terrorism convictions. The longer retention period applicable to the Member State of nationality is also necessary to prevent possible abuses or other fraudulent activities, including by persons who repeatedly seek consular protection and attempt to conceal such behaviour by approaching the consular authorities of different Member States. Finally, where the personal data concerns the contact details of public officials such as honorary consuls, the personal data should be retained for as long as the person remains the relevant contact. The erasure of personal data of applicants should not affect Member States’ abilities to monitor the application of this Directive.
Amendment 66 #
Proposal for a directive
Recital 43
Recital 43
(43) It is necessary to further specify safeguards applicable to the personal data processed, such as the maximum retention period of personal data collected. To ensure the collection of any applicable costs, a maximum retention period of 12 months for the assisting Member State or Union institutions and bodies and 24 months for the Member State of nationality is necessary, unless in cases of criminal or terrorism convictions. The longer retention period applicable to the Member State of nationality is also necessary to prevent possible abuses or other fraudulent activities, including by persons who repeatedly seek consular protection and attempt to conceal such behaviour by approaching the consular authorities of different Member States. Finally, where the personal data concerns the contact details of public officials such as honorary consuls, the personal data should be retained for as long as the person remains the relevant contact. The erasure of personal data of applicants should not affect Member States’ abilities to monitor the application of this Directive.
Amendment 85 #
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 shallmay set up and agree a joint consular contingency plan for each third country. The need for joint consular contingency plans should be evaluated on a case-by-case basis in light of the situation and the principles of voluntary participation. The joint consular contingency plan shall be updated annually and contain:
Amendment 85 #
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 shallmay set up and agree a joint consular contingency plan for each third country. The need for joint consular contingency plans should be evaluated on a case-by-case basis in light of the situation and the principles of voluntary participation. The joint consular contingency plan shall be updated annually and contain:
Amendment 98 #
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, while also taking into account the differences in risk levels that different Member States may be posed to.;
Amendment 98 #
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, while also taking into account the differences in risk levels that different Member States may be posed to.;
Amendment 116 #
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 shallmay provide the Commission and the High Representative of the Union for Foreign Affairs and Security Policy with the following information:
Amendment 116 #
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 shallmay provide the Commission and the High Representative of the Union for Foreign Affairs and Security Policy with the following information:
Amendment 132 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16 a – paragraph 8 – subparagraph 1
Article 16 a – paragraph 8 – subparagraph 1
The assisting Member State, the Member State of nationality and, where applicable, Union institutions and bodies shall retain the personal data of an assisted person only for as long as necessary to carry out the tasks referred to in paragraphs 1 and 2. In no case shall that personal data be retained longer than 12 months by the assisting Member State and Union institutions and bodies, or longer than 24 months by the Member State of nationality, from the date of collection, unless in cases of criminal or terrorism conviction. Contact details exchanged in accordance with Article 10(4) and Article 13b(1) shall only be retained for as long as the persons exercise the relevant function.
Amendment 132 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16 a – paragraph 8 – subparagraph 1
Article 16 a – paragraph 8 – subparagraph 1
The assisting Member State, the Member State of nationality and, where applicable, Union institutions and bodies shall retain the personal data of an assisted person only for as long as necessary to carry out the tasks referred to in paragraphs 1 and 2. In no case shall that personal data be retained longer than 12 months by the assisting Member State and Union institutions and bodies, or longer than 24 months by the Member State of nationality, from the date of collection, unless in cases of criminal or terrorism conviction. Contact details exchanged in accordance with Article 10(4) and Article 13b(1) shall only be retained for as long as the persons exercise the relevant function.
Amendment 133 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16 a – paragraph 8 – subparagraph 2
Article 16 a – paragraph 8 – subparagraph 2
The personal data shall be erased as soon as possible after the tasks referred to in paragraph 1 or 2 have been completed and, unless in cases of criminal or terrorism convictions, or at the latest upon the expiry of the retention periods referred to in the first subparagraph.
Amendment 133 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16 a – paragraph 8 – subparagraph 2
Article 16 a – paragraph 8 – subparagraph 2
The personal data shall be erased as soon as possible after the tasks referred to in paragraph 1 or 2 have been completed and, unless in cases of criminal or terrorism convictions, or at the latest upon the expiry of the retention periods referred to in the first subparagraph.