13 Amendments of Nadezhda NEYNSKY related to 2011/0432(CNS)
Amendment 17 #
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 present in a third country, the Union delegation in that 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 ensured.
Amendment 18 #
Proposal for a directive
Recital 21
Recital 21
(21) In the event of crisis adequate preparation and a clear division of responsibilities are essential. Crisis contingency planning should therefore fully include unrepresented citizens and national contingency plans should be coordinated. The concept of the Lead State should be further developed in that context.
Amendment 19 #
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 provided. The Union delegations should ensure the necessary coordination among Member States and be entrusted with consular tasks wherever and whenever relevant, especially in times of distress. To be able to fulfil this role, the Union should be provided with the necessary financial means.
Amendment 20 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 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, or by the Union delegation in that third country.
Amendment 22 #
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 any other Member State under the same conditions as its nationals, or by the Union delegation.
Amendment 23 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Family members of unrepresented citizens who themselves are not citizens of the Union are entitled to consular protection under the same conditions as the family members of nationals of the assisting Member State who themselves are not nationals, or to consular protection by a Union delegation.
Amendment 25 #
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 under the conditions set out in Article 4(1a).
Amendment 26 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The Union delegations shall primarily be responsible for ensuring cooperation and coordination among Member States for the provision of consular protection to unrepresented citizens of the Union. The Union delegations may, whenever and wherever necessary and relevant, and especially in situations of distress, also be entrusted with consular tasks for unrepresented citizens.
Amendment 27 #
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. Member StatesUnion delegations shall coordinate, in third countries, the efforts to set up those arrangements, and shall inform the European Commission in due time of any such arrangement in view of publication on itsthe dedicated internet site.
Amendment 28 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
In crisis situations the assisting embassy or consulate or Union delegation shall coordinate any evacuation or other necessary support provided for an unrepresented citizen with the citizen's Member State of nationality.
Amendment 29 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
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, the Chair shall be 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. If possible, the Chair shall also collect contact information of unrepresented Union citizens and share such information with local embassies and consulates.
Amendment 31 #
Proposal for a directive
Article 16
Article 16
Amendment 32 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall provide the Commission with all the relevant information regarding the implementation of the right of unrepresented citizens and the practical implementation of this Directive, including a yearly overview of statistics and relevant cases. The Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation of this Directive by […]...*. ______________ * OJ please insert the date three years from the date of entry into force of this Directive.