BETA


2018/0186(CNS) EU Emergency Travel Document

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE GÁL Kinga (icon: PPE PPE) CHINNICI Caterina (icon: S&D S&D), VALERO Bodil (icon: Verts/ALE Verts/ALE)
Committee Opinion AFET
Committee Opinion JURI
Lead committee dossier:
Legal Basis:
TFEU 023 -a2

Events

2019/06/20
   Final act published in Official Journal
Details

PURPOSE: to establish a new European Union Emergency Travel Document (EU ETD) to facilitate consular protection for unrepresented citizens in third countries through the issuance of secure and widely accepted provisional travel documents.

LEGISLATIVE ACT: Council Directive (EU) 2019/997 establishing an EU Emergency Travel Document and repealing Decision 96/409/CFSP.

CONTENT: the Directive repealing Decision 96/409/CFSP defines the conditions and procedure for unrepresented citizens in third countries to obtain an EU Emergency Travel Document (EU ETD) and establishes a uniform format for such documents.

European Union Emergency Travel Document (EU ETD)

An EU ETD is a document authorising a single-journey document, allowing the bearer to return home, or, exceptionally, to another destination, in the event that they do not have access to their regular travel documents, for example because they were stolen or lost. Unrepresented citizens should be able to apply for an EU ETD at the embassy or consulate of any Member State.

This Directive updates and simplifies formalities for unrepresented EU citizens so that they can be issued a temporary travel document by another Member State to enable them to return home safely. It will thus enable unrepresented EU citizens to exercise their right to consular protection in an effective and safer environment.

The Directive also aims to ensure consistency between the specific conditions and procedures for the issuance of EU ETD and the general rules on coordination and cooperation measures necessary to facilitate consular protection for EU citizens not represented in third countries.

The main elements of the Directive are as follows:

Procedure

Where a Member State receives an application for an EU ETD, it shall, as soon as possible, and no later than two working days after receipt of the application, consult the Member State of nationality for the purpose of verifying the nationality and identity of the applicant.

The Member State assisting the citizen must communicate to the Member State of nationality all relevant information, in particular:

- the applicant's surname and given name(s), nationality, date of birth and sex;

- a facial image of the applicant, which should in principle be taken by the authorities of the assisting Member State on the day of the request;

- a copy or scanned copy of all available means of identification, such as an identity card or driving licence and possibly a national register number or social security number.

Within 3 days of receiving the information, the Member State of the person's nationality must confirm whether the applicant is one of its nationals. The assisting Member State shall issue the ETD at the latest within 2 working days of receiving confirmation of the applicant's nationality.

Uniform format

The Directive defines the standard format to be used for EU ETDs, consisting of a standard form and a standard sticker. It must contain all the necessary information and meet high technical standards, in particular as regards safeguards against counterfeiting and falsification.

Additional technical specifications

The Commission shall adopt implementing acts containing additional technical specifications for EU ETDs on the following aspects: (i) the design, format and colours of the standard EU ETD form and sticker; (ii) the requirements for materials and printing techniques of the standard EU ETD form; (iii) security features and requirements.

Validity

An EU ETD shall be valid for the period required for completion of the journey for which it is issued. In calculating that period, allowance shall be made for necessary overnight stops and for making travel connections. The period of validity shall include an additional ‘period of grace’ of two days. Save in exceptional circumstances, the validity of an EU ETD shall not exceed 15 calendar days. In order to enhance security, the beneficiary of such a document shall return it to the authorities as soon as it is safe to return home.

Member States shall ensure regular monitoring of the application of the Directive.

ENTRY INTO FORCE: 10.7.2019.

TRANSPOSITION: no later than two years from the adoption of the additional technical specifications.

APPLICATION: Member States shall start implementing the agreed measures three years after the adoption of the technical specifications.

2019/06/18
   EP/CSL - Act adopted by Council after consultation of Parliament
2019/06/18
   EP - End of procedure in Parliament
2019/06/18
   CSL - Council Meeting
2019/02/27
   EC - Commission response to text adopted in plenary
Documents
2019/01/16
   EP - Results of vote in Parliament
2019/01/16
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 600 votes to 35, with 6 abstentions, in the framework of a special legislative procedure (consultation of the Parliament), a legislative resolution on the proposal for a Council directive establishing an EU Emergency Travel Document and repealing Decision 96/409/CFSP.

The proposal for a Directive repealing Decision 96/409/CFSP aims to establish a new, more secure, model for an EU Emergency Travel Document (EU ETD) for unrepresented EU citizens outside the EU whose passport has been stolen, lost, destroyed or is temporarily unavailable, in order to guarantee that they can return home safely.

Parliament approved the Commission proposal subject to the following amendments:

Procedure

The proposal provides that where a Member State receives an application for an EU ETD, it shall, within 24 hours, consult the Member State of nationality for the purpose of verifying the nationality of the applicant. 2. The assisting Member State shall provide the Member State of nationality with all relevant information, including the data on the applicant to be included on the EU ETD sticker in accordance with Annex II and a facial image of the applicant.

Members considered that within 24 hours after receipt of the information (rather than 36 hours), the Member State of nationality shall respond to the consultation. In duly justified exceptional cases, Member States may take shorter or longer than these time-limits.

Data retention

The assisting Member State and the Member State of nationality shall retain the personal data of an applicant for no longer than 90 days after the end of the validity of the EU ETD issued. Upon expiry of the retention period, the personal data of an applicant shall be erased. Anonymised data may be kept if necessary for the monitoring and evaluation of this Directive.

Evaluation

No sooner than three years after the date of transposition of this Directive, the Commission shall present a report on the main findings to the European Parliament and the Council, including on the appropriateness of the level of security of personal data, and the impact on fundamental rights.

Documents
2018/12/06
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted, in the framework of a special legislative procedure (consultation of the Parliament), the report by Kinga GÁL (EPP, HU) on the proposal for a Council directive establishing an EU Emergency Travel Document and repealing Decision 96/409/CFSP.

The proposal for a Directive repealing Decision 96/409 / CFSP aims to establish a new, more secure, model for an EU Emergency Travel Document (EU ETD)) for unrepresented EU citizens outside the EU whose passport has been stolen, lost, destroyed or is temporarily unavailable, in order to guarantee that they can return home safely.

The committee recommended that the European Parliament approve the Commission proposal subject to the following amendments:

Procedure

The proposal provides that where a Member State receives an application for an EU ETD, it shall, within 24 hours, consult the Member State of nationality for the purpose of verifying the nationality of the applicant. 2. The assisting Member State shall provide the Member State of nationality with all relevant information, including the data on the applicant to be included on the EU ETD sticker in accordance with Annex II and a facial image of the applicant.

Members considered that within 24 hours after receipt of the information (rather than 36 hours), the Member State of nationality shall respond to the consultation. In duly justified exceptional cases, Member States may take shorter or longer than these time-limits.

Evaluation

No sooner than three years after the date of transposition of this Directive, the Commission shall present a report on the main findings to the European Parliament and the Council, including on the appropriateness of the level of security of personal data, and the impact on fundamental rights.

Documents
2018/12/03
   EP - Vote in committee, 1st reading/single reading
2018/11/08
   EP - Amendments tabled in committee
Documents
2018/09/28
   EP - Committee draft report
Documents
2018/09/10
   EP - Committee referral announced in Parliament, 1st reading/single reading
2018/07/09
   EP - GÁL Kinga (PPE) appointed as rapporteur in LIBE
2018/05/31
   EC - Document attached to the procedure
2018/05/31
   EC - Document attached to the procedure
Documents
2018/05/31
   EC - Legislative proposal published
Details

PURPOSE: to establish a new European Union emergency travel document (EU ETD) with security features that reflect current practices.

PROPOSED ACT: Council Directive.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: EU citizens are entitled to seek help from the embassy or consulate of any EU Member State if they need assistance outside the EU, and there is no embassy or consulate from their own Member State to help them (that is, if they are ‘unrepresented’).

Member States must assist unrepresented EU citizens on the same conditions as they assist their own nationals. This right, enshrined in Articles 20(2)(c) and 23 of the Treaty on the Functioning of the European Union (TFEU) and in Article 46 of the Charter of Fundamental Rights of the European Union, is an expression of EU solidarity and one of the practical benefits of being an EU citizen.

Council Directive (EU) 2015/637 gives effect to that right by laying down the cooperation and coordination measures necessary to facilitate consular protection for unrepresented citizens of the Union.

One form of assistance provided to unrepresented citizens is the issuance of emergency travel documents (ETDs). ETDs are documents issued to citizens when their passports or travel documents have been lost, stolen or destroyed or are temporarily unavailable. In 1996, Decision 96/409/CFSP introduced a common format emergency travel document (the EU ETD), to be issued by Member States to unrepresented EU citizens in third countries (that is, countries outside the EU).

Lost or stolen passports make up more than 60% of the cases of consular assistance. However, the current emergency travel documents do not meet modern security standards and offer little protection against fraud and counterfeit. As a result, some third countries are reluctant to accept them and some Member States have stopped using them for their own citizens.

There is now a need to update the rules of Decision 96/409/CFSP and the format of the EU ETD. Recent changes to EU rules on consular protection are not reflected in Decision 96/409/CFSP, and the EU ETD in its current form is not adapted to the current global security environment .

The European Parliament, in its resolution on the 2017 Citizenship Report, called on the Commission to make a proposal for a new, more secure format for the EU ETD. The Commission Work Programme 201813 includes the review of the proposal for a Council directive to replace the Decision on the establishment of an emergency travel document (REFIT).

IMPACT ASSESSMENT: the impact assessment considered a number of possible policy options. The preferred option being to introduce new legislation establishing an EU ETD with enhanced security features. Member States and the EU would benefit from the increased security features of the new EU ETD. Increased use of the new document has the potential to increase its acceptance by third countries, and the adoption of up-to-date standards for machine-readability should result in easier border processing at the borders. A more secure EU ETD format, multilingual and produced at EU-level, can also be a cost-efficient alternative for Member States considering replacing any outdated national ETDs.

CONTENT: this proposed Directive lays down rules on the conditions and procedure for unrepresented citizens in third countries to obtain an EU Emergency Travel Document (EU ETD) and establishes a uniform format for such documents.

It aims to establish the measures necessary to facilitate consular protection for the most frequent type of consular assistance provided to unrepresented citizens, namely the issuance of emergency travel documents. This objective is to be achieved by establishing a standardised procedure of cooperation between the Member States for the issuance of emergency travel documents in a uniform format based on improved security features. This shall allow citizens to exercise their right to consular protection effectively and in a more secure environment.

The main points of the proposal are as follows:

Format : the proposal lays down the uniform format to be used for EU ETDs, consisting of a uniform form and sticker and shall contain all the necessary information and meet high technical standards, in particular as regards safeguards against counterfeiting and falsification. The relevant data on the recipient of an EU ETD is printed on the sticker, which is then affixed to the form.

Issuing procedure : where a Member State receives an application for an EU ETD, it shall, within 24 hours, consult the Member State of nationality for the purpose of verifying the nationality of the applicant. The assisting Member State shall provide the Member State of nationality with all relevant information, including: (i) the data on the applicant to be included on the EU ETD sticker; (ii) a facial image of the applicant, to be taken, save in exceptional circumstances, by the authorities of the assisting Member State on the day of the application.

Within 36 hours after receipt of the information, the Member State of nationality shall confirm whether the applicant is its national. In crisis situations, the assisting Member State may issue an EU ETD without prior consultation of the Member State of nationality.

Validity : an EU ETD shall be valid for the period required for completion of the journey for which it is issued. In calculating that period, allowance shall be made for necessary overnight stops and for making travel connections. The period of validity shall include an additional ‘period of grace’ of two days. Save in exceptional circumstances, the validity of an EU ETD shall not exceed 15 calendar days.

Monitoring : Member States shall be obliged to monitor the application of the Directive and to supply information to the Commission on a yearly basis.

Evaluation : no sooner than five years after the date of transposition of this Directive, the Commission shall carry out an evaluation of this Directive and present a report on the main findings, including on the appropriateness of the level of security of personal data.

Documents

Votes

A8-0433/2018 - Kinga Gál - Proposition de la Commission

2019/01/16 Outcome: +: 600, -: 35, 0: 6
DE IT FR ES PL GB BE RO SE NL PT CZ AT BG HU SK FI DK HR IE SI LT EE MT LU EL LV CY ??
Total
83
57
63
48
47
63
21
21
19
24
18
19
16
15
14
13
10
10
9
9
8
8
6
6
5
17
5
4
1
icon: PPE PPE
184

United Kingdom PPE

2

Finland PPE

For (1)

1

Estonia PPE

For (1)

1

Luxembourg PPE

2

Cyprus PPE

1
icon: S&D S&D
170

Netherlands S&D

3

Czechia S&D

2

Denmark S&D

2

Croatia S&D

For (1)

1

Ireland S&D

For (1)

1

Slovenia S&D

For (1)

1

Estonia S&D

For (1)

1

Malta S&D

3

Luxembourg S&D

For (1)

1

Latvia S&D

1

Cyprus S&D

1
icon: ECR ECR
63

Romania ECR

For (1)

1

Sweden ECR

2

Netherlands ECR

For (1)

1

Czechia ECR

2

Bulgaria ECR

1

Finland ECR

1

Croatia ECR

For (1)

1

Lithuania ECR

1

Greece ECR

Against (1)

1
icon: ALDE ALDE
58

United Kingdom ALDE

1

Portugal ALDE

1

Croatia ALDE

2

Slovenia ALDE

For (1)

1

Estonia ALDE

3

Luxembourg ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
45

Belgium Verts/ALE

2

Sweden Verts/ALE

3

Netherlands Verts/ALE

2

Austria Verts/ALE

3

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1
icon: GUE/NGL GUE/NGL
41

Italy GUE/NGL

2

United Kingdom GUE/NGL

1

Sweden GUE/NGL

For (1)

1

Netherlands GUE/NGL

3

Portugal GUE/NGL

3

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Cyprus GUE/NGL

2
icon: ENF ENF
29

Germany ENF

For (1)

1

Poland ENF

2

United Kingdom ENF

4

Belgium ENF

For (1)

1

Netherlands ENF

3
icon: NI NI
15

Germany NI

Against (1)

2

France NI

For (1)

Against (1)

2

United Kingdom NI

For (1)

1

Hungary NI

For (1)

1

NI

For (1)

1
icon: EFDD EFDD
34

Germany EFDD

For (1)

1

Poland EFDD

1

Czechia EFDD

Against (1)

1

Lithuania EFDD

For (1)

1
AmendmentsDossier
15 2018/0186(CNS)
2018/11/06 LIBE 15 amendments...
source: 629.775

History

(these mark the time of scraping, not the official date of the change)

docs/4/body
EC
events/3/docs/0/url
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http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0433&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-8-2018-0433_EN.html
events/5/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2019-0027
New
http://www.europarl.europa.eu/doceo/document/TA-8-2019-0027_EN.html
committees/0
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committee
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rapporteur
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shadows
committees/0
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shadows
events/8/summary
  • PURPOSE: to establish a new European Union Emergency Travel Document (EU ETD) to facilitate consular protection for unrepresented citizens in third countries through the issuance of secure and widely accepted provisional travel documents.
  • LEGISLATIVE ACT: Council Directive (EU) 2019/997 establishing an EU Emergency Travel Document and repealing Decision 96/409/CFSP.
  • CONTENT: the Directive repealing Decision 96/409/CFSP defines the conditions and procedure for unrepresented citizens in third countries to obtain an EU Emergency Travel Document (EU ETD) and establishes a uniform format for such documents.
  • European Union Emergency Travel Document (EU ETD)
  • An EU ETD is a document authorising a single-journey document, allowing the bearer to return home, or, exceptionally, to another destination, in the event that they do not have access to their regular travel documents, for example because they were stolen or lost. Unrepresented citizens should be able to apply for an EU ETD at the embassy or consulate of any Member State.
  • This Directive updates and simplifies formalities for unrepresented EU citizens so that they can be issued a temporary travel document by another Member State to enable them to return home safely. It will thus enable unrepresented EU citizens to exercise their right to consular protection in an effective and safer environment.
  • The Directive also aims to ensure consistency between the specific conditions and procedures for the issuance of EU ETD and the general rules on coordination and cooperation measures necessary to facilitate consular protection for EU citizens not represented in third countries.
  • The main elements of the Directive are as follows:
  • Procedure
  • Where a Member State receives an application for an EU ETD, it shall, as soon as possible, and no later than two working days after receipt of the application, consult the Member State of nationality for the purpose of verifying the nationality and identity of the applicant.
  • The Member State assisting the citizen must communicate to the Member State of nationality all relevant information, in particular:
  • - the applicant's surname and given name(s), nationality, date of birth and sex;
  • - a facial image of the applicant, which should in principle be taken by the authorities of the assisting Member State on the day of the request;
  • - a copy or scanned copy of all available means of identification, such as an identity card or driving licence and possibly a national register number or social security number.
  • Within 3 days of receiving the information, the Member State of the person's nationality must confirm whether the applicant is one of its nationals. The assisting Member State shall issue the ETD at the latest within 2 working days of receiving confirmation of the applicant's nationality.
  • Uniform format
  • The Directive defines the standard format to be used for EU ETDs, consisting of a standard form and a standard sticker. It must contain all the necessary information and meet high technical standards, in particular as regards safeguards against counterfeiting and falsification.
  • Additional technical specifications
  • The Commission shall adopt implementing acts containing additional technical specifications for EU ETDs on the following aspects: (i) the design, format and colours of the standard EU ETD form and sticker; (ii) the requirements for materials and printing techniques of the standard EU ETD form; (iii) security features and requirements.
  • Validity
  • An EU ETD shall be valid for the period required for completion of the journey for which it is issued. In calculating that period, allowance shall be made for necessary overnight stops and for making travel connections. The period of validity shall include an additional ‘period of grace’ of two days. Save in exceptional circumstances, the validity of an EU ETD shall not exceed 15 calendar days. In order to enhance security, the beneficiary of such a document shall return it to the authorities as soon as it is safe to return home.
  • Member States shall ensure regular monitoring of the application of the Directive.
  • ENTRY INTO FORCE: 10.7.2019.
  • TRANSPOSITION: no later than two years from the adoption of the additional technical specifications.
  • APPLICATION: Member States shall start implementing the agreed measures three years after the adoption of the technical specifications.
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council
  • body: CSL type: Council Meeting council: General Affairs meeting_id: 3702 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3702*&MEET_DATE=18/06/2019 date: 2019-06-18T00:00:00
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  • date: 2018-05-31T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2018:0272:FIN:FR:PDF title: EUR-Lex title: SWD(2018)0272 type: Document attached to the procedure body: EC
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  • date: 2018-09-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE627.613 title: PE627.613 type: Committee draft report body: EP
  • date: 2018-11-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE629.775 title: PE629.775 type: Amendments tabled in committee body: EP
  • date: 2019-02-27T00:00:00 docs: url: /oeil/spdoc.do?i=31915&j=0&l=en title: SP(2019)150 type: Commission response to text adopted in plenary
events
  • date: 2018-05-31T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0358/COM_COM(2018)0358_EN.pdf title: COM(2018)0358 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2018&nu_doc=0358 title: EUR-Lex summary: PURPOSE: to establish a new European Union emergency travel document (EU ETD) with security features that reflect current practices. PROPOSED ACT: Council Directive. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: EU citizens are entitled to seek help from the embassy or consulate of any EU Member State if they need assistance outside the EU, and there is no embassy or consulate from their own Member State to help them (that is, if they are ‘unrepresented’). Member States must assist unrepresented EU citizens on the same conditions as they assist their own nationals. This right, enshrined in Articles 20(2)(c) and 23 of the Treaty on the Functioning of the European Union (TFEU) and in Article 46 of the Charter of Fundamental Rights of the European Union, is an expression of EU solidarity and one of the practical benefits of being an EU citizen. Council Directive (EU) 2015/637 gives effect to that right by laying down the cooperation and coordination measures necessary to facilitate consular protection for unrepresented citizens of the Union. One form of assistance provided to unrepresented citizens is the issuance of emergency travel documents (ETDs). ETDs are documents issued to citizens when their passports or travel documents have been lost, stolen or destroyed or are temporarily unavailable. In 1996, Decision 96/409/CFSP introduced a common format emergency travel document (the EU ETD), to be issued by Member States to unrepresented EU citizens in third countries (that is, countries outside the EU). Lost or stolen passports make up more than 60% of the cases of consular assistance. However, the current emergency travel documents do not meet modern security standards and offer little protection against fraud and counterfeit. As a result, some third countries are reluctant to accept them and some Member States have stopped using them for their own citizens. There is now a need to update the rules of Decision 96/409/CFSP and the format of the EU ETD. Recent changes to EU rules on consular protection are not reflected in Decision 96/409/CFSP, and the EU ETD in its current form is not adapted to the current global security environment . The European Parliament, in its resolution on the 2017 Citizenship Report, called on the Commission to make a proposal for a new, more secure format for the EU ETD. The Commission Work Programme 201813 includes the review of the proposal for a Council directive to replace the Decision on the establishment of an emergency travel document (REFIT). IMPACT ASSESSMENT: the impact assessment considered a number of possible policy options. The preferred option being to introduce new legislation establishing an EU ETD with enhanced security features. Member States and the EU would benefit from the increased security features of the new EU ETD. Increased use of the new document has the potential to increase its acceptance by third countries, and the adoption of up-to-date standards for machine-readability should result in easier border processing at the borders. A more secure EU ETD format, multilingual and produced at EU-level, can also be a cost-efficient alternative for Member States considering replacing any outdated national ETDs. CONTENT: this proposed Directive lays down rules on the conditions and procedure for unrepresented citizens in third countries to obtain an EU Emergency Travel Document (EU ETD) and establishes a uniform format for such documents. It aims to establish the measures necessary to facilitate consular protection for the most frequent type of consular assistance provided to unrepresented citizens, namely the issuance of emergency travel documents. This objective is to be achieved by establishing a standardised procedure of cooperation between the Member States for the issuance of emergency travel documents in a uniform format based on improved security features. This shall allow citizens to exercise their right to consular protection effectively and in a more secure environment. The main points of the proposal are as follows: Format : the proposal lays down the uniform format to be used for EU ETDs, consisting of a uniform form and sticker and shall contain all the necessary information and meet high technical standards, in particular as regards safeguards against counterfeiting and falsification. The relevant data on the recipient of an EU ETD is printed on the sticker, which is then affixed to the form. Issuing procedure : where a Member State receives an application for an EU ETD, it shall, within 24 hours, consult the Member State of nationality for the purpose of verifying the nationality of the applicant. The assisting Member State shall provide the Member State of nationality with all relevant information, including: (i) the data on the applicant to be included on the EU ETD sticker; (ii) a facial image of the applicant, to be taken, save in exceptional circumstances, by the authorities of the assisting Member State on the day of the application. Within 36 hours after receipt of the information, the Member State of nationality shall confirm whether the applicant is its national. In crisis situations, the assisting Member State may issue an EU ETD without prior consultation of the Member State of nationality. Validity : an EU ETD shall be valid for the period required for completion of the journey for which it is issued. In calculating that period, allowance shall be made for necessary overnight stops and for making travel connections. The period of validity shall include an additional ‘period of grace’ of two days. Save in exceptional circumstances, the validity of an EU ETD shall not exceed 15 calendar days. Monitoring : Member States shall be obliged to monitor the application of the Directive and to supply information to the Commission on a yearly basis. Evaluation : no sooner than five years after the date of transposition of this Directive, the Commission shall carry out an evaluation of this Directive and present a report on the main findings, including on the appropriateness of the level of security of personal data.
  • date: 2018-09-10T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2018-12-03T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2018-12-06T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0433&language=EN title: A8-0433/2018 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted, in the framework of a special legislative procedure (consultation of the Parliament), the report by Kinga GÁL (EPP, HU) on the proposal for a Council directive establishing an EU Emergency Travel Document and repealing Decision 96/409/CFSP. The proposal for a Directive repealing Decision 96/409 / CFSP aims to establish a new, more secure, model for an EU Emergency Travel Document (EU ETD)) for unrepresented EU citizens outside the EU whose passport has been stolen, lost, destroyed or is temporarily unavailable, in order to guarantee that they can return home safely. The committee recommended that the European Parliament approve the Commission proposal subject to the following amendments: Procedure The proposal provides that where a Member State receives an application for an EU ETD, it shall, within 24 hours, consult the Member State of nationality for the purpose of verifying the nationality of the applicant. 2. The assisting Member State shall provide the Member State of nationality with all relevant information, including the data on the applicant to be included on the EU ETD sticker in accordance with Annex II and a facial image of the applicant. Members considered that within 24 hours after receipt of the information (rather than 36 hours), the Member State of nationality shall respond to the consultation. In duly justified exceptional cases, Member States may take shorter or longer than these time-limits. Evaluation No sooner than three years after the date of transposition of this Directive, the Commission shall present a report on the main findings to the European Parliament and the Council, including on the appropriateness of the level of security of personal data, and the impact on fundamental rights.
  • date: 2019-01-16T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=31915&l=en title: Results of vote in Parliament
  • date: 2019-01-16T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2019-0027 title: T8-0027/2019 summary: The European Parliament adopted by 600 votes to 35, with 6 abstentions, in the framework of a special legislative procedure (consultation of the Parliament), a legislative resolution on the proposal for a Council directive establishing an EU Emergency Travel Document and repealing Decision 96/409/CFSP. The proposal for a Directive repealing Decision 96/409/CFSP aims to establish a new, more secure, model for an EU Emergency Travel Document (EU ETD) for unrepresented EU citizens outside the EU whose passport has been stolen, lost, destroyed or is temporarily unavailable, in order to guarantee that they can return home safely. Parliament approved the Commission proposal subject to the following amendments: Procedure The proposal provides that where a Member State receives an application for an EU ETD, it shall, within 24 hours, consult the Member State of nationality for the purpose of verifying the nationality of the applicant. 2. The assisting Member State shall provide the Member State of nationality with all relevant information, including the data on the applicant to be included on the EU ETD sticker in accordance with Annex II and a facial image of the applicant. Members considered that within 24 hours after receipt of the information (rather than 36 hours), the Member State of nationality shall respond to the consultation. In duly justified exceptional cases, Member States may take shorter or longer than these time-limits. Data retention The assisting Member State and the Member State of nationality shall retain the personal data of an applicant for no longer than 90 days after the end of the validity of the EU ETD issued. Upon expiry of the retention period, the personal data of an applicant shall be erased. Anonymised data may be kept if necessary for the monitoring and evaluation of this Directive. Evaluation No sooner than three years after the date of transposition of this Directive, the Commission shall present a report on the main findings to the European Parliament and the Council, including on the appropriateness of the level of security of personal data, and the impact on fundamental rights.
  • date: 2019-06-18T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2019-06-18T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2019-06-20T00:00:00 type: Final act published in Official Journal docs: title: Directive 2019/997 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32019L0997 title: OJ L 163 20.06.2019, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2019:163:TOC
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/justice-and-consumers_en title: Justice and Consumers commissioner: JOUROVÁ Věra
procedure/Modified legal basis
Rules of Procedure EP 159
procedure/dossier_of_the_committee
Old
LIBE/8/13535
New
  • LIBE/8/13535
procedure/final
title
Directive 2019/997
url
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32019L0997
procedure/instrument
Old
Directive
New
  • Directive
  • Repealing Decision 96/409/CFSP
procedure/stage_reached
Old
Awaiting committee decision
New
Procedure completed
procedure/subject
Old
  • 1.20.20 Diplomatic and consular protection
New
1.20.20
Diplomatic and consular protection
procedure/summary
  • Repealing Decision 96/409/CFSP
activities/0/docs/0/celexid
CELEX:52018PC0358:EN
activities/0/docs/0/text
  • PURPOSE: to establish a new European Union emergency travel document (EU ETD) with security features that reflect current practices.

    PROPOSED ACT: Council Directive.

    ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

    BACKGROUND: EU citizens are entitled to seek help from the embassy or consulate of any EU Member State if they need assistance outside the EU, and there is no embassy or consulate from their own Member State to help them (that is, if they are ‘unrepresented’).

    Member States must assist unrepresented EU citizens on the same conditions as they assist their own nationals. This right, enshrined in Articles 20(2)(c) and 23 of the Treaty on the Functioning of the European Union (TFEU) and in Article 46 of the Charter of Fundamental Rights of the European Union, is an expression of EU solidarity and one of the practical benefits of being an EU citizen.

    Council Directive (EU) 2015/637 gives effect to that right by laying down the cooperation and coordination measures necessary to facilitate consular protection for unrepresented citizens of the Union.

    One form of assistance provided to unrepresented citizens is the issuance of emergency travel documents (ETDs). ETDs are documents issued to citizens when their passports or travel documents have been lost, stolen or destroyed or are temporarily unavailable. In 1996, Decision 96/409/CFSP introduced a common format emergency travel document (the EU ETD), to be issued by Member States to unrepresented EU citizens in third countries (that is, countries outside the EU).

    Lost or stolen passports make up more than 60% of the cases of consular assistance. However, the current emergency travel documents do not meet modern security standards and offer little protection against fraud and counterfeit. As a result, some third countries are reluctant to accept them and some Member States have stopped using them for their own citizens.

    There is now a need to update the rules of Decision 96/409/CFSP and the format of the EU ETD. Recent changes to EU rules on consular protection are not reflected in Decision 96/409/CFSP, and the EU ETD in its current form is not adapted to the current global security environment.

    The European Parliament, in its resolution on the 2017 Citizenship Report, called on the Commission to make a proposal for a new, more secure format for the EU ETD.  The Commission Work Programme 201813 includes the review of the proposal for a Council directive to replace the Decision on the establishment of an emergency travel document (REFIT).

    IMPACT ASSESSMENT: the impact assessment considered a number of possible policy options. The preferred option being to introduce new legislation establishing an EU ETD with enhanced security features. Member States and the EU would benefit from the increased security features of the new EU ETD. Increased use of the new document has the potential to increase its acceptance by third countries, and the adoption of up-to-date standards for machine-readability should result in easier border processing at the borders. A more secure EU ETD format, multilingual and produced at EU-level, can also be a cost-efficient alternative for Member States considering replacing any outdated national ETDs.

    CONTENT: this proposed Directive lays down rules on the conditions and procedure for unrepresented citizens in third countries to obtain an EU Emergency Travel Document (EU ETD) and establishes a uniform format for such documents.

    It aims to establish the measures necessary to facilitate consular protection for the most frequent type of consular assistance provided to unrepresented citizens, namely the issuance of emergency travel documents. This objective is to be achieved by establishing a standardised procedure of cooperation between the Member States for the issuance of emergency travel documents in a uniform format based on improved security features. This shall allow citizens to exercise their right to consular protection effectively and in a more secure environment.

    The main points of the proposal are as follows:

    Format: the proposal lays down the uniform format to be used for EU ETDs, consisting of a uniform form and sticker and shall contain all the necessary information and meet high technical standards, in particular as regards safeguards against counterfeiting and falsification. The relevant data on the recipient of an EU ETD is printed on the sticker, which is then affixed to the form.

    Issuing procedure: where a Member State receives an application for an EU ETD, it shall, within 24 hours, consult the Member State of nationality for the purpose of verifying the nationality of the applicant. The assisting Member State shall provide the Member State of nationality with all relevant information, including: (i) the data on the applicant to be included on the EU ETD sticker; (ii) a facial image of the applicant, to be taken, save in exceptional circumstances, by the authorities of the assisting Member State on the day of the application.

    Within 36 hours after receipt of the information, the Member State of nationality shall confirm whether the applicant is its national. In crisis situations, the assisting Member State may issue an EU ETD without prior consultation of the Member State of nationality.

    Validity: an EU ETD shall be valid for the period required for completion of the journey for which it is issued. In calculating that period, allowance shall be made for necessary overnight stops and for making travel connections. The period of validity shall include an additional ‘period of grace’ of two days. Save in exceptional circumstances, the validity of an EU ETD shall not exceed 15 calendar days.

    Monitoring: Member States shall be obliged to monitor the application of the Directive and to supply information to the Commission on a yearly basis.

    Evaluation: no sooner than five years after the date of transposition of this Directive, the Commission shall carry out an evaluation of this Directive and present a report on the main findings, including on the appropriateness of the level of security of personal data.

activities/1
date
2018-09-10T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
committees/2/date
2018-07-09T00:00:00
committees/2/rapporteur
  • group: EPP name: GÁL Kinga
committees/2/shadows
  • group: S&D name: CHINNICI Caterina
  • group: Verts/ALE name: VALERO Bodil
procedure/dossier_of_the_committee
LIBE/8/13535
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
activities
  • date: 2018-05-31T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0358/COM_COM(2018)0358_EN.pdf type: Legislative proposal published title: COM(2018)0358 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/info/departments/justice-and-consumers_en title: Justice and Consumers Commissioner: JOUROVÁ Věra
committees
  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
  • body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/justice-and-consumers_en title: Justice and Consumers commissioner: JOUROVÁ Věra
procedure
reference
2018/0186(CNS)
instrument
Directive
legal_basis
Treaty on the Functioning of the EU TFEU 023 -a2
stage_reached
Preparatory phase in Parliament
summary
Repealing Decision 96/409/CFSP
subtype
Legislation
title
EU Emergency Travel Document
type
CNS - Consultation procedure
subject
1.20.20 Diplomatic and consular protection