19 Amendments of Louis MICHEL related to 2011/0432(CNS)
Amendment 43 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
having regard to the Treaty on European Union, and in particular Article 35 thereof,
Amendment 44 #
Proposal for a directive
Recital 7
Recital 7
(7) Where unrepresented citizens need protection in third countries efficient cooperation and coordination is required. The assisting Member State and the Union delegation present in a third country and the Member State of origin of the citizen may need to cooperate closely. Local consular cooperation may be more complex for unrepresented citizens, as it requires coordination with authorities not represented on the ground. To fill the gap caused by the absence of an embassy or consulate of the citizen's own Member State, a stable framework should be ensuredshall cooperate closely.
Amendment 53 #
Proposal for a directive
Recital 10
Recital 10
(10) Unrepresented citizens should be able to freely choose the embassy or, consulate or EU delegation from which they seek consular protection. Member States should be able to enter arrangements on burden- sharing. However such arrangements should be transparent for the citizen and should not jeopardize effective consular protection. Any such arrangement should be notified to the Commission and published on its dedicated website and on relevant websites of the Member States concerned and of the Council.
Amendment 60 #
Proposal for a directive
Recital 23
Recital 23
(23) In third countries the Union is represented by the Union delegations, which together with the diplomatic and consular missions of the Member States contribute to the implementation of the right of citizens of the Union regarding consular protection as specified further in Article 35 of the Treaty on European Union. In line with the Vienna Convention on consular relations Member States may provide consular protection on behalf of another Member State unless the third country concerned objects. Member States should undertake the necessary measures in relation to third countries to ensure that consular protection on behalf of other Member States can be providedThe Union delegations should ensure the necessary coordination among Member States and be entrusted with consular tasks wherever relevant. The Union should be provided with the necessary financial means in order to be able to fulfil this role.
Amendment 61 #
Proposal for a directive
Recital 27
Recital 27
(27) In accordance with the prohibition of discrimination contained in the Charter, Member States shouldall implement this Directive without discrimination between the beneficiaries of this Directive on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or beliefs, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.
Amendment 65 #
Proposal for a directive
Article 1
Article 1
This Directive lays down the cooperation and coordination measures necessary to facilitate the exercise of the right of citizens of the Union, in the territory of a third country in which the Member State of which they are nationals is not represented, to protection by the diplomatic or consular authorities of another Member State on the same conditions as the nationals of that Member State. The Union delegations may also be entrusted with consular tasks for unrepresented citizens. All references to Member States’ embassies or consulates in this Directive shall therefore be construed as references to ‘Member States’ embassies or consulates, or Union delegations’. The Union shall be provided with the financial means necessary to carry out the tasks set out in this Article.
Amendment 68 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Every citizen holding the nationality of a Member State of the Union which is not represented by a diplomatic or consular authority in a third country, hereafter "unrepresented citizen", shall be entitled to protection by the diplomatic or consular authorities of another Member State or by the Union delegation under the same conditions as its nationals.
Amendment 78 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Unrepresented citizens may choose the Member State embassy or consulate from which they seek consular protection or may seek such protection from a Union delegation.
Amendment 80 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. A Member State may represent another Member State on a permanent basis and Member States' embassies or consulates in a third country may conclude arrangements on burden-sharing, provided that effective treatment of applications is ensured. In third countries, Union delegations shall coordinate the efforts to set up those arrangements. Member States shall inform the European Commission of any such arrangement in view of publication on its dedicated internet site and on the relevant websites of the Member States concerned.
Amendment 87 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The consular protection referred to in paragraph 1 shall include assistance in the following situations in particular:
Amendment 89 #
Proposal for a directive
Article 7
Article 7
Amendment 97 #
Proposal for a directive
Article 14
Article 14
Local cooperation meetings shall include a regular exchange of information on unrepresented citizens, on matters such as safety of citizens, prison conditions or consular access. Unless otherwise agreed by the Ministries of Foreign Affairs centrally, thMeetings shall be Cchair shalled bey a representative of a Member State or the Union delegation decided locally. The Chair shall collect and regularly update contact details, in particular regarding the contact points of unrepresented Member States, and share them with the local embassies and consulates and the Union delegation.
Amendment 99 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. To ensure comprehensive preparedness local contingency planning shall include unrepresented citizens. Member States represented in a third country shall coordinate the contingency plans among themselves and with the Union delegation. They shall agree on respectiveUnion delegations shall coordinate contingency planning among Member States in order to ensure comprehensive preparedness, including the division of tasks to ensure that unrepresented citizens are fully assisted in case of crisis, the appointment of representatives for assembly points and informthe provision of information to unrepresented citizens on crisis preparedness arrangements under the same conditions as nationals.
Amendment 101 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In the event of a crisis Member States and the Union shall closely cooperate to ensure efficient assistance of unrepresented citizens. Member States and the Union shall informThe Union delegation shall coordinate the eaxch otherange of information about available evacuation capacities in a timely manner. Upon request Member States may b and provide the necessary assistance for evacuation, with possible supported by from existing intervention teams at Union level including consular experts, in particular from the unrepresented Member States.
Amendment 102 #
Proposal for a directive
Article 16 – title
Article 16 – title
Amendment 103 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. For the purpose of this directive the Lead State(s) is (are) one or more Member State(s) in a given third country,The Union delegations shall be in charge of coordinating and leading assistance regarding the preparation for and in case of crisis, which includes a specific role for unrepresented citizens.
Amendment 104 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 105 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. To prepare for crises the Lead State(s)Union delegation shall ensure that unrepresented citizens are duly included in embassies and consulates' contingency planning, that contingency plans are compatible and that embassies and consulates as well as Union delegations are duly informed about these arrangements.
Amendment 106 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. In the event of crisis the Lead State(s) or the Member State coordinating assistanceUnion delegation shall be in charge of coordination and leading assistance and assembly operations for unrepresented citizens, and if necessary ensure evacuation to a place of safety with the support of the other Member States concerned. It shall also provide a point of contact for unrepresented Member States, through which they can receive information about their citizens and coordinate necessary assistance. The Lead State(s) or, the Member State coordinating assistance for unrepresented citizensUnion delegation may seek, if appropriate, support from instruments such as the EU Civil Protection Mechanism andin cooperation with the crisis management structures of the European External Action Service. Member States shall provide the Lead State(s) or the Member State coordinating assistanceUnion delegation with all the relevant information regarding their unrepresented citizens present in a crisis situation.