2023/0441(CNS) Consular protection for unrepresented citizens of the Union in third countries
Lead committee dossier:
Progress: Awaiting final decision
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
VINCZE Loránt ( EPP)
|
KALJURAND Marina ( S&D),
TOOM Jana ( Renew),
STRIK Tineke ( Verts/ALE),
KANKO Assita ( ECR),
URBÁN CRESPO Miguel ( GUE/NGL)
|
| Committee Opinion | AFET |
SÁNCHEZ AMOR Nacho ( S&D)
|
Anna FOTYGA ( ECR),
Željana ZOVKO ( PPE),
Tineke STRIK ( Verts/ALE),
Michael KAUCH ( RE)
|
| Committee Opinion | DEVE | ||
| Committee Opinion | JURI |
LEBRETON Gilles ( ID)
|
Angel DZHAMBAZKI ( ECR),
Jana TOOM ( RE),
Sergey LAGODINSKY ( Verts/ALE),
Ibán GARCÍA DEL BLANCO ( S&D),
Witold PAHL ( PPE)
|
Lead committee dossier:
Legal Basis:
RoP 57, TFEU 023 -a2
Legal Basis:
RoP 57, TFEU 023 -a2Events
2024/04/24
EP - Text adopted by Parliament, 1st reading/single reading
Documents
2024/04/24
EP - Decision by Parliament
Documents
2024/04/19
EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2024/04/19
EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2024/04/10
EP - Committee opinion
Documents
2024/04/03
EP - Amendments tabled in committee
Documents
2024/03/21
EP - Committee opinion
Documents
2024/03/18
ES_PARLIAMENT - Contribution
Documents
2024/03/14
EP - Committee referral announced in Parliament
2024/03/05
EP - Committee draft report
Documents
2024/02/20
EP - SÁNCHEZ AMOR Nacho (S&D) appointed as rapporteur in AFET
2024/02/13
EP - LEBRETON Gilles (ID) appointed as rapporteur in JURI
2024/01/31
EP - VINCZE Loránt (EPP) appointed as rapporteur in LIBE
2023/12/07
EC - Document attached to the procedure
Documents
2023/12/07
EC - Document attached to the procedure
Documents
2023/12/07
EC - Document attached to the procedure
Documents
2023/12/07
EC - Document attached to the procedure
Documents
2023/12/06
EC - Legislative proposal published
Details
PURPOSE: to revise the EU Consular Protection Directive to facilitate consular protection for unrepresented citizens of the Union in third countries.
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: crises resulting in requests for consular protection are increasing in frequency and scale. The COVID-19 pandemic, the crisis in Afghanistan, Russia’s war of aggression against Ukraine, the conflict in Sudan, the repatriations from Israel and Gaza and other similar crises have provided a context to identify gaps and reflect on how to further facilitate the exercise of the right to consular protection.
Improving consular protection of Union citizens abroad by reinforcing Union solidarity and cooperation in this field ensures that Union citizens continue to benefit from this fundamental right according to the highest standards, in particular during times of crisis.
The rules established under the Consular Protection Directive should be amended to protect and support EU citizens abroad in times of crisis.
To improve legal certainty for consular authorities and citizens, it is therefore appropriate to lay down more detailed criteria that aid in the assessment whether a Union citizen is to be considered as unrepresented and thus eligible to receive consular protection from the Member State whose consular authorities have been approached. Those criteria should be sufficiently flexible and applied in light of local circumstances, such as ease of travel or security situation in the third country concerned.
CONTENT: in this regard, the Commission proposes to revise the EU Consular Protection Directive to ensure better and easier protection for EU citizens in a third country, where their country of nationality does not have a consulate or embassy. Therefore, EU citizens should be able to get clearer information and exercise their rights for assistance and protection.
Overall, the proposal aims to: (i) simplify procedures and make best use of the EU's global network of EU delegations, Member States´ embassies and consulates to better assist citizens in need; (ii) reinforce crisis preparedness and response measures , including by conducting regular consular crisis exercises and preparing crisis consular plans with an assessment of possible risks and an estimate of EU citizens present for each country; (iii) send joint teams of consular experts to reinforce diplomatic and consular staff during crises.
More specifically, the proposal:
- clarifies when a Member State is not to be considered as represented in a third country due to the fact that it has no embassy or consulate effectively in a position to provide consular protection. The proposal also sets out the criteria to be taken into account by the embassy or consulate from which the unrepresented citizen seeks consular protection to determine whether a Member State has no embassy or consulate effectively in a position to provide consular protection in a given case;
- clarifies that the presence of an honorary consul of the citizen’s Member State of nationality may only be taken into account if the assistance requested by the citizen is covered by the competences of the honorary consul. This is to avoid that citizens are denied assistance with reference to an honorary consul who is not competent to assist them;
- adds a reference to ‘evacuation’ to comprehensively cover situations where Union citizens are rescued and moved from areas affected by an emergency to a safe location, which must not necessarily be the territory of a Member State, as well as situations where Union citizens are repatriated to Union territory;
- states that Member States may involve, in their coordination and cooperation measures, security and military personnel, honorary consuls, international organisations or diplomatic and consular authorities of third countries;
- introduces the possibility to Member States to offer their citizens the possibility to register with or inform competent national authorities of their travels to or residence in third countries . This is meant to improve the information available on the estimated number and location of Union citizens present in a third country for the purposes of crisis preparedness and crisis response. It would also make it easier to contact citizens affected by a crisis situation;
- lays down the rules on the reimbursement of the costs for consular protection which would be adapted to provide that such costs are primarily to be reimbursed by the assisted unrepresented citizen directly, either when making the request or at a later stage. Only if such reimbursement does not take place, the assisting Member State should approach the Member State of nationality for reimbursement. Moreover, Member States that assist represented citizens in crisis situations may also ask for the reimbursement of costs, given that it may not be possible or practically feasible to distinguish them from unrepresented citizens in crisis situations;
- implements the fundamental right to an effective remedy in the context of consular protection.
Documents
Documents
- Text adopted by Parliament, 1st reading/single reading: T9-0336/2024
- Decision by Parliament: T9-0336/2024
- Committee report tabled for plenary, 1st reading/single reading: A9-0178/2024
- Committee report tabled for plenary, 1st reading/single reading: A9-0178/2024
- Committee opinion: PE759.733
- Amendments tabled in committee: PE760.930
- Committee opinion: PE758.853
- Contribution: COM(2023)0930
- Committee draft report: PE759.050
- Document attached to the procedure: SEC(2023)0930
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2023)0940
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2023)0941
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2023)0942
- Legislative proposal published: EUR-Lex
- Legislative proposal published: COM(2023)0930
- Document attached to the procedure: SEC(2023)0930
- Document attached to the procedure: EUR-Lex SWD(2023)0940
- Document attached to the procedure: EUR-Lex SWD(2023)0941
- Document attached to the procedure: EUR-Lex SWD(2023)0942
- Committee draft report: PE759.050
- Committee opinion: PE758.853
- Amendments tabled in committee: PE760.930
- Committee opinion: PE759.733
- Committee report tabled for plenary, 1st reading/single reading: A9-0178/2024
- Text adopted by Parliament, 1st reading/single reading: T9-0336/2024
- Contribution: COM(2023)0930
Votes
A9-0178/2024 – Loránt Vincze – Commission proposal #
2024/04/24 Outcome: +: 521, -: 89, 0: 17
The Left
NI| Amendments | Dossier |
| 268 |
2023/0441(CNS)
2024/03/06
AFET
121 amendments...
Amendment 100 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – introductory part Directive (EU) 2015/637 Chapter 2 – introductory part (5) in Chapter 2, the following Article 13aa is inserted:
Amendment 101 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive (EU) 2015/637 Article 13 a – title Article 13a
Amendment 102 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive (EU) 2015/637 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.
Amendment 103 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive (EU) 2015/637 Article 13 a – paragraph 1 1. In the event of a crisis,
Amendment 104 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive (EU) 2015/637 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.
Amendment 105 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive (EU) 2015/637 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
Amendment 106 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive (EU) 2015/637 Article 13 a – paragraph 2 2.
Amendment 107 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Decision No 1313/2013/EU 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
Amendment 108 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive (EU) 2015/637 Article 13 a – paragraph 4 4. When providing assistance, Member States may seek, if appropriate, support from Union instruments
Amendment 109 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive (EU) 2015/637 Article 13 a – paragraph 4 a (new) 4a. When appropriate, and particularly within the context of Common Security and Defence Policy (CSDP) operations, Member States shall cooperate with the EU Military Staff.’
Amendment 110 #
Proposal for a directive Article 1 – paragraph 1 – point 5 a (new) Directive (EU) 2015/637 Article 13 a a (new) (5a) in Chapter 2, the following Article 13aa is inserted: ‘Article 13aa Permanent Consular Crisis Response Mechanism 1. A Permanent Consular Crisis Response Mechanism shall be established to guarantee the fulfilment of the right to consular protection under this Directive. This mechanism shall include the Member States, the Commission and the EEAS. 2. This mechanism shall have three different levels of activation: (a) Monitoring mode: This mode shall allow information about a crisis to be exchanged on a voluntary basis. (b) Information-sharing mode: This mode shall involve an obligation for the Commission and the EEAS to produce Integrated Situational Awareness and Analysis (ISAA) reports, as well as investment into situational awareness and preparedness for possible escalation. (c) Full activation mode: This mode shall entail the preparation of proposals for action with regard to the EU response. 3. This mechanism, in any of the three modes as provided for in the previous paragraph, can be triggered by any Member State, the European Commission, the EEAS and the European Parliament.'
Amendment 111 #
Proposal for a directive Article 1 – paragraph 1 – point 5 b (new) Directive (EU) 2015/637 Article 13 a b (new) (5b) in Chapter 2, the following Article 13ab is inserted: ‘Article 13ab EU’s duty of care 1. Member States, the European Commission and the EEAS shall establish a permanent cross-institutions evacuation cell tasked with constantly monitoring countries at risk and identifying the ‘eligible persons’ to be evacuated and resettled in the event of a crisis. 2. Union delegations shall ensure the fulfilment of their duty of care responsibilities in line with the Decision of the High Representative of the Union for Foreign Affairs and Security Policy of 19 June 2023 on the security rules for the European External Action Service 2023/C 263/04. 3. In the event of a crisis in a third country that requires immediate evacuation of the personnel working in a Union delegation, the ‘staff placed under the responsibility of the EEAS’ as defined in Article 2 of the aforementioned Decision, as well as their eligible dependants, shall enjoy the same rights to consular protection granted to citizens of the Union under this Directive under the same conditions as the nationals of the Member States. 4. Member States shall also fulfil their duty of care responsibilities, particularly regarding the staff placed under the responsibility of their embassies and consulates, regardless of their administrative status or origin, as well as their eligible dependants. To this end, Member States shall regulate their own security rules with the aim at fulfilling their duty of care. Member States may request the support of other Member States and/or the EEAS when setting up their own security rules. 5. Union delegations and Member States’ consulates and embassies shall extend their duty of care of ‘entitled persons’ to contractors and local staff that previously worked with the missions.'
Amendment 112 #
Proposal for a directive Article 1 – paragraph 1 – point 5 c (new) Directive (EU) 2015/637 Article 13 a c (new) (5c) in Chapter 2, the following Article 13ac is inserted: ‘Article 13ac EU’s responsibility to protect human rights defenders in third countries In the event of a crisis in a third country, Member States’ embassies and consulates and the respective Union delegation shall ensure the protection of human rights defenders at risk, including evacuation from the third country concerned to the EU as a last resort. To this end, Member States and Union delegations may take into account the EU Guidelines on Human Rights Defenders.’
Amendment 113 #
Proposal for a directive Article 1 – paragraph 1 – point 5 d (new) Directive (EU) 2015/637 Article 13 a d (new) (5d) in Chapter 2, the following Article 13ad is inserted: ‘Article 13ad Special protection of children 1. Member States, with the support of the Union delegations, shall take protective measures to ensure the right to consular protection of children in third countries, particularly when there is a risk of infringement of their rights enshrined in the Charter of Fundamental Rights of the EU and the UN Convention on the Rights of the Child. When providing consular assistance to children, Member States shall consider the child’s best interest as their primary consideration. 2. The Member State of nationality shall ensure the repatriation of children who are under its jurisdiction. In case the Member State of nationality is unwilling or unable to repatriate the children under its jurisdiction, the other Member States represented in a third country, with the assistance of the Union delegation if needed, shall provide the concerned children with the appropriate consular assistance, including repatriation.'
Amendment 114 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Chapter 2 a – Article 13 b – paragraph 1 – introductory part At least once per year, Member States shall provide the Commission, the European Parliament and the High Representative of the Union for Foreign Affairs and Security Policy with the following information:
Amendment 115 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Chapter 2 a – Article 13 b – paragraph 1 – introductory part Amendment 116 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Chapter 2 a – Article 13 b – paragraph 1 – introductory part At least once per year, Member States
Amendment 117 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Chapter 2 a – Article 13 b – paragraph 1 – point a Amendment 118 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Chapter 2 a – Article 13 b – paragraph 1 – point d Amendment 119 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Chapter 2 a – Article 13 b – paragraph 1 – point e Amendment 120 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Chapter 2 a – Article 13 b – paragraph 2 2. Member States, the Commission services and the EEAS shall make the information referred to in paragraph 1
Amendment 121 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Chapter 2 a – Article 13 b – paragraph 3 3.
Amendment 122 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Chapter 2 a – Article 13 c – paragraph 1 – introductory part 1. Member States shall take measures to inform their citizens of their right set out in Article 20(2), point (c), TFEU.
Amendment 123 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Chapter 2 a – Article 13 c – paragraph 1 – point a Amendment 124 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Chapter 2 a – Article 13 c – paragraph 2 a (new) 2a. The EEAS shall provide travel advice addressed to all Union citizens, especially regarding the security situation in the third country in question.
Amendment 125 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive (EU) 2015/637 Article 14 – paragraph 2 – subparagraph 1 If an unrepresented citizen is unable to pay the costs referred to in paragraph 1 to the assisting Member State when making a request for assistance, the assisting Member State may require the unrepresented citizen to sign an undertaking to repay. On that basis, the assisting Member State may ask the unrepresented citizen concerned to pay such costs once
Amendment 126 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive (EU) 2015/637 Article 14 – paragraph 6 6. The Commission may adopt implementing acts establishing standard forms, available in all Member State languages in all consulates, to be used for the undertaking to repay referred to in paragraph 2 and for the repayment of the costs from the Member State of nationality referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15a(2).
Amendment 127 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive (EU) 2015/637 Article 15 – paragraph 3 Amendment 128 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/637 Article 16 a – paragraph 5 Amendment 129 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/637 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. Access rights to the personal data referred to in paragraph 5 shall only be granted to personnel holding an EU Member State passport.
Amendment 130 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/637 Article 16 a – paragraph 6 6. When processing the personal data
Amendment 131 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/637 Article 16 a – paragraph 7 – subparagraph 1 For the purposes of this Directive, the competent authorities of the Member States shall transfer personal data to a third country or international organisation only to carry out the tasks referred to in Article 9, Article 10 and Article 13a and in accordance with Chapter V of Regulation (EU) 2016/679. Personal data referred to in paragraph 5 shall be excluded from such transfer, unless the explicit prior consent of the Union citizen concerned has been obtained.
Amendment 132 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/637 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 Directive (EU) 2015/637 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
Amendment 134 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive (EU) 2015/637 Article 19 – paragraph 3 – subparagraph 1 No sooner than [
Amendment 135 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 Directive (EU) 2019/997 Article 3 – paragraph 1 – subparagraph 1 Amendment 15 #
Proposal for a directive Recital 1 a (new) (1a) The scope of the Directive (EU) 2015/637 should also be extended beyond EU citizens. In this sense, recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State should be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.
Amendment 16 #
Proposal for a directive Recital 1 a (new) (1a) The scope of the Directive (EU) 2015/637 should also be extended beyond EU citizens. In this sense, recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State should be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.
Amendment 17 #
Proposal for a directive Recital 2 (2) Crises resulting in requests for consular protection are increasing in frequency and scale. The COVID-19 pandemic, the crisis in Afghanistan, Russia’s war of aggression against Ukraine, the conflict in Sudan, the repatriations from Israel and Gaza, the multiplying humanitarian crises and other similar crises have provided a context to identify gaps and reflect on how to further facilitate the exercise of the right to consular protection. The EU's capacity to respond to these ongoing multiplying crises has dwindled and action to address these shortcomings should be addressed. Drawing lessons from those experiences, and in order to simplify procedures for citizens and consular authorities, the rules and procedures of Directive (EU) 2015/637 should be clarified and streamlined so as to improve the effectiveness of the provision of consular protection to unrepresented citizens of the Union, in particular in crisis situations. Best use should be made of the available resources at Member State and Union level, both locally in third countries and at capital level.
Amendment 18 #
Proposal for a directive Recital 2 (2) Crises resulting in requests for consular protection are increasing in frequency and scale. The COVID-19 pandemic, the crisis in Afghanistan in 2021, Russia’s war of aggression against Ukraine, the conflict in Sudan, the repatriations from Israel and Gaza and other similar crises have provided a context to identify gaps and reflect on how to further facilitate the exercise of the right to consular protection. Fundamental changes are needed in the EU’s preparedness, information-gathering and decision- making capacity ahead of and during crises. Drawing lessons from those experiences, and in order to simplify procedures for citizens and consular authorities, the rules and procedures of Directive (EU) 2015/637 should be clarified and streamlined so as to improve the effectiveness of the provision of consular protection to unrepresented citizens of the Union, in particular in crisis situations. Best use should be made of the available resources at Member State and Union level, both locally in third countries and at capital level.
Amendment 19 #
Proposal for a directive Recital 2 (2) Crises resulting in requests for consular protection are increasing in frequency and scale. The COVID-19 pandemic, the crisis in Afghanistan, Russia’s war of aggression against Ukraine, the conflict in Sudan, the repatriations from Israel and Gaza
Amendment 20 #
Proposal for a directive Recital 3 (3) Directive (EU) 2015/637 defines ‘unrepresented citizen’ as every citizen holding the nationality of a Member State or persons who do not hold the nationality of any country, who reside in a Member State and are holders of travel document issued by that Member State which is not represented in a third country. Pursuant to that 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, consulate or honorary consul there which is effectively in a position to provide consular protection in a given case. Given the absence of more detailed criteria in Directive (EU) 2015/637, past experiences have shown that it may be difficult to determine whether the latter criterion is fulfilled. This can result in citizens being wrongly considered, by the consular authorities they have approached, as represented by their Member State of nationality and thus refused consular protection.
Amendment 21 #
Proposal for a directive Recital 4 (4) To improve legal certainty for consular authorities and citizens, it is appropriate to lay down more detailed criteria that aid in the assessment whether a Union citizen is to be considered as unrepresented and thus eligible to receive consular protection from the Member State whose consular authorities have been approached. Those criteria should be sufficiently pragmatical, flexible and applied in light of local circumstances, such as ease of travel or security situation in the third country concerned. In this context, accessibility and proximity should remain important considerations.
Amendment 22 #
Proposal for a directive Recital 5 Amendment 23 #
Proposal for a directive Recital 7 a (new) (7a) Any additional specific circumstances or conditions possibly not covered by this Directive that might hamper a Union citizen to travel to a third country should also be taken into account when considering a citizen as unrepresented;
Amendment 24 #
Proposal for a directive Recital 10 (10) Where a crisis situation results in a large number of applications for consular protection, the embassies and consulates of the Member States represented in the third country concerned should be given the possibility to agree to distribute applications based on available capacity with a view to making best use thereof. For that purpose, they
Amendment 25 #
Proposal for a directive Recital 17 (17)
Amendment 26 #
Proposal for a directive 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
Amendment 27 #
Proposal for a directive 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 (20) Consular crisis preparedness is an essential requirement to ensure effective consular crisis response. Member States
Amendment 29 #
Proposal for a directive 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 30 #
Proposal for a directive Recital 23 (23) Joint consular contingency plans should also take into account, where appropriate, the roles and responsibilities of Lead States, that is, Member States represented in a given third country that are in charge of coordinating and leading the assistance of unrepresented citizens during crises, to ensure the effective coordination of consular assistance. In addition, joint consular contingency plans should be evaluated annually in the context of consular exercises to ensure their continued relevance. At the same time, joint consular contingency plans should not be understood as replacing the existing national crisis plans of individual Member States or affecting their responsibility to provide required and timely consular assistance to their own nationals, but as a coherent approach that can additionally help to coordinate the efforts of the represented Member States.
Amendment 31 #
Proposal for a directive Recital 23 (23) Joint consular contingency plans should also take into account, where appropriate, the roles and responsibilities of Lead States, that is, Member States represented in a given third country that are in charge of coordinating and leading the assistance of unrepresented citizens during crises, to ensure the effective coordination of consular assistance. In addition, joint consular contingency plans should be evaluated annually, or more frequently if there are extraordinary circumstances that require so, in the context of consular exercises to ensure their continued relevance. At the same time, joint consular contingency plans should not be understood as replacing existing national crisis plans of Member States or affecting their responsibility to provide consular assistance to their own nationals.
Amendment 32 #
Proposal for a directive 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. Member States and EU delegations should ensure that this information is easily accessible, relevant and up to date. To achieve this a broadcast service should be established with warning messages and important information through instant notification system when they are in third countries, especially during the crisis. It is therefore important that Member States provide their citizens with 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.
Amendment 33 #
Proposal for a directive 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.
Amendment 34 #
Proposal for a directive Recital 24 a (new) (24a) Member States shall ensure that all information on consular protection, including instructions for emergency situations, is available on digital platforms, including mobile applications, in order to provide EU citizens with quick and easy access to information at any time.
Amendment 35 #
Proposal for a directive Recital 24 b (new) (24b) A common EU consular protection portal shall be established to provide EU citizens with access to information on consular protection, instructions for emergency situations and contact details of relevant EU delegations and Member States’ consulates in third countries.
Amendment 36 #
Proposal for a directive 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.
Amendment 37 #
Proposal for a directive 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 38 #
Proposal for a directive Recital 25 (25) Travel advice, that is, information issued by Member States about the relative safety of travelling to specific third countries
Amendment 39 #
Proposal for a directive 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
Amendment 40 #
Proposal for a directive 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
Amendment 41 #
Proposal for a directive Recital 26 (26) Efficient coordination is vital to ensure effective crisis response.
Amendment 42 #
Proposal for a directive Recital 26 (26) Efficient coordination is vital to ensure effective crisis response. To ensure such coordination, Member States
Amendment 43 #
Proposal for a directive Recital 26 (26) Efficient coordination is vital to ensure effective crisis response. To ensure such coordination, Member States
Amendment 44 #
Proposal for a directive Recital 26 a (new) (26a) EU delegations and Member States’ consulates shall be required to set up a rapid reaction mechanism to facilitate coordination and cooperation in emergency situations, including natural disasters, political unrest or terrorist attacks, with a view to providing EU citizens with swift and effective consular protection.
Amendment 45 #
Proposal for a directive 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 46 #
Proposal for a directive Recital 26 b (new) (26b) Member States should ensure that their citizens who are travelling or residing in third countries are informed of the existence of EU delegations and Member States’ consulates and of the consular protection possibilities available to them.
Amendment 47 #
Proposal for a directive 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 48 #
Proposal for a directive Recital 28 (28) Joint consular teams should be based on the principles of
Amendment 49 #
Proposal for a directive Recital 28 (28) Joint consular teams should be based on the principles
Amendment 50 #
Proposal for a directive 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.
Amendment 51 #
Proposal for a directive 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 should
Amendment 52 #
Proposal for a directive Recital 30 (30) To support Union citizens in need, it is important to provide them with reliable and easily accessible information on how to avail themselves of consular assistance in third countries, including digital contact options. The Commission services and the EEAS 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 citizens. To facilitate the processing of such information, it should be provided in machine-readable format.
Amendment 53 #
Proposal for a directive 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
Amendment 54 #
Proposal for a directive Recital 31 (31) Member States should take additional measures to further contribute to raising Union citizen’s awareness of their right to consular protection, also taking into account the specific needs of persons with disabilities. Given the limited costs it entails
Amendment 55 #
Proposal for a directive Recital 32 (32)
Amendment 56 #
Proposal for a directive 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
Amendment 57 #
Proposal for a directive Recital 32 (32) The financial provisions of Directive (EU) 2015/637
Amendment 58 #
Proposal for a directive Recital 34 Amendment 59 #
Proposal for a directive Recital 34 a (new) (34a) An appropriate increase of the EEAS budget and human resources, and in agreement those of Member States should be granted to guarantee the proper execution of responsibilities in providing assistance and/or protection to EU citizens in third countries in order to avoid the risk of overloading existing resources.
Amendment 60 #
Proposal for a directive Recital 37 a (new) (37a) Where the 'Strategic Compass for Security and Defence – For a European Union that protects its citizens, values and interests and contributes to international peace and security’, endorsed by the European Council on 24 March 2022 enacted the development of an EU Rapid Deployment Capacity, with a projected strength of 5000 troops, to be used in different phases of an operation in a non- permissive environment, and which will initially focus on rescue and evacuation operations as part of a coordinated crisis response.
Amendment 61 #
Proposal for a directive 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
Amendment 62 #
Proposal for a directive Recital 41 (41)
Amendment 63 #
Proposal for a directive Recital 41 (41) When processing 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. Access to such special categories of personal data shall be limited to personnel holding an EU Member State passport.
Amendment 64 #
Proposal for a directive Recital 41 (41) When processing 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
Amendment 65 #
Proposal for a directive Recital 42 Amendment 66 #
Proposal for a directive 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 67 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive (EU) 2015/637 Article 2 a (new) (-1) in Chapter 1, the following Article 2a is inserted: ‘Article 2a Principle of non-discrimination and protection of vulnerable groups When providing consular protection to unrepresented citizens, Member States shall take into account the specific needs of vulnerable groups and individuals at risk of discrimination on any ground such as those referred to in Article 21 of the Charter, namely sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.’
Amendment 68 #
Proposal for a directive Article 1 – paragraph 1 – point - 1 (new) Directive (EU) 2015/637 Article 2 a (new) (-1) Article 2a Principle of non-discrimination and protection of vulnerable groups When providing consular protection to unrepresented citizens, Member States shall take into account the specific needs of vulnerable groups and individuals at risk of discrimination on any ground such as those referred to in Article 21 of the Charter, namely sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.’
Amendment 69 #
Proposal for a directive Article 1 – paragraph 1 – point -1 a (new) Directive (EU) 2015/637 Article 4 – subparagraph 1 a (new) (-1a) in Article 4, the following subparagraph 1a is added: ‘Recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State shall be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.’
Amendment 70 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/637 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
Amendment 71 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/637 Article 6 – paragraph 2 2. To determine whether a Member State has no embassy or consulate which is
Amendment 72 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/637 Article 6 – paragraph 2 – point a Amendment 73 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/637 Article 6 – paragraph 2 – point b (b)
Amendment 74 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/637 Article 6 – paragraph 2 – point c (c) whe
Amendment 75 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/637 Article 6 – paragraph 2 – point c a (new) (ca) any other difficulties or local circumstances that might have been overseen by this Directive and that prevent the citizen to reach the embassy or consulate concerned.
Amendment 76 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/637 Article 7 – paragraph 2 – subparagraph 1 Without prejudice to Article 2, a Member State may
Amendment 77 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 11 – paragraph 1 – introductory part 1. Union delegations
Amendment 78 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 11 – paragraph 1 – point e Amendment 79 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 11 – paragraph 1 – point f Amendment 80 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 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 81 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 11 – paragraph 2 a (new) 2a. With a view to strengthening consular protection, the EEAS and Member States shall develop joint training and simulations for consular staff to improve their crisis management skills and ability to offer assistance to EU citizens abroad.
Amendment 82 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 12 – paragraph 3 Amendment 83 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 12 – paragraph 3 3.
Amendment 84 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 1 – introductory part 1. In the context of local consular cooperation referred to in Article 12, Member States
Amendment 85 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 1 – introductory part 1. In the context of local consular cooperation referred to in Article 12, Member States and the EEAS
Amendment 86 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 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 joint consular contingency plan shall be updated annually, or more frequently if there are extraordinary circumstances that require so, and contain:
Amendment 87 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 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, such as, but not limited to, military, political, criminal, natural disaster and health risks;
Amendment 88 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 1 – point a (a)
Amendment 89 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 1 – point a a (new) (aa) an analysis of all local staff having worked directly or indirectly for Member States' embassies or consulates, Union delegations or other EU's or Member States’ projects, including a risk assessment for them and evacuation scenarios;
Amendment 90 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 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 as well as prompt and reliable bi-directional means of communication with registered Union citizens according to paragraph 4;
Amendment 91 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 1 – point b (b)
Amendment 92 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 1 – point c (c)
Amendment 93 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 2 – subparagraph 1 Amendment 94 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 2 – subparagraph 1 Where present, Union delegations shall coordinate the setting up and agreement of joint consular contingency plans, based on contributions made by the embassies or consulates of the Member States represented in the third country concerned and the consular authorities of unrepresented Member States. Joint consular contingency plans shall be made available to all Member States, the European Parliament, the EEAS and the Commission services.
Amendment 95 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 2 – subparagraph 1 (new) When necessary, during the preparation of joint consular contingency plans, Member States and Union delegations shall cooperate with third countries and international organisations, including military organisations.
Amendment 96 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 4 Amendment 97 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 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 based on objective and reliable criteria. Member States and Union delegations shall also exchange information to ensure the consistency in the level of travel advice given.;
Amendment 98 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 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 99 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 5 5.
source: 759.819
2024/03/20
JURI
81 amendments...
Amendment 14 #
Proposal for a directive Recital 1 a (new) (1 a) The scope of the Directive (EU) 2015/637 should be extended to other categories of persons that have genuine links to a Member State or that are entitled to consular protection by that Member State. In this sense, recognised refugees, stateless persons and persons enjoying temporary protection who reside in a Member State as well as third- country nationals that reside in a Member State and are entitled to consular protection by that Member State should be entitled to consular protection in a third country where their Member State of residence is not represented under the same conditions as unrepresented citizens. This should include permanent residents of a Member State that are not citizens of any other state.
Amendment 15 #
Proposal for a directive Recital 2 (2) Crises resulting in requests for consular protection are increasing in frequency and scale. The COVID-19 pandemic, the crisis in Afghanistan in 2021, Russia’s war of aggression against Ukraine, the conflict in Sudan, the repatriations from Israel and Gaza, the multiplying humanitarian crises, as well as natural and human made disasters, and other similar crises have provided a context to identify gaps and reflect on how to further facilitate the exercise of the right to consular protection. The EU’s capacity to respond to these ongoing multiplying crisis should be reinforced, addressing any shortcomings and strengthening our preparedness, information-gathering and decision-making capacity ahead of and during crisis. Drawing lessons from those experiences, and in order to simplify procedures for citizens and consular authorities, the rules and procedures of Directive (EU) 2015/637 should be clarified and streamlined so as to improve the effectiveness of the provision of consular protection to unrepresented citizens of the Union, in particular in crisis situations. Best use should be made of the available resources at Member State and Union level, both locally in third countries and at capital level.
Amendment 16 #
Proposal for a directive Recital 2 (2) Crises resulting in requests for consular protection are increasing in frequency and scale. The COVID-19 pandemic, the crisis in Afghanistan, Russia’s war of aggression against Ukraine, the conflict in Sudan, the repatriations from Israel and Gaza and other similar crises have provided a context to identify gaps and reflect on how to further facilitate the exercise of the right to consular protection in the Union. Drawing lessons from those experiences, and in order to simplify and streamline procedures for citizens and consular authorities, the rules and procedures of Directive (EU) 2015/637 should be clarified and streamlined so as to improve the effectiveness and speed of the provision of consular protection to unrepresented citizens of the Union, in particular in crisis situations. Best use should be made of the available resources at Member State and Union level, both locally in third countries and at capital level.
Amendment 17 #
Proposal for a directive Recital 4 (4) To improve legal certainty and effectiveness for consular authorities and citizens, it is appropriate to lay down more predictable, accessible and detailed criteria that aid in the assessment whether a Union citizen is to be considered as unrepresented and thus eligible to receive consular protection from the Member State whose consular authorities have been approached. Those criteria should be sufficiently flexible and applied proportionately in light of local circumstances, such as ease of travel or security situation in the third country concerned. In this context, accessibility and proximity should remain
Amendment 18 #
Proposal for a directive Recital 4 (4) To improve legal certainty for consular authorities and citizens, it is appropriate to lay down more detailed criteria that aid in the assessment whether a Union citizen is to be considered as unrepresented and thus eligible to receive consular protection from the Member State whose consular authorities have been approached. Those criteria should be sufficiently flexible and applied in light of local circumstances, such as ease of travel or security situation in the third country concerned. In this context, accessibility and proximity and safety should remain important considerations.
Amendment 19 #
Proposal for a directive Recital 5 (5) As first criterion, consular authorities should take into account the difficulty for citizens to safely reach or be reached by the embassy or consulate of their Member State of nationality within a reasonable period of time, taking into account the nature and urgency of the assistance requested and the means, notably financial resources, available to them. While the apropriate period of time will depend on the particularities of each assistance request, the period for citizens to safely reach or be reached by the embassy or consulate of their Member State should in any case not exceed 48 hours. For example, the need for an EU Emergency Travel Document as a result of the loss of travel documents should,
Amendment 20 #
Proposal for a directive Recital 5 (5) As first criterion, consular authorities should take into account the difficulty for citizens to safely reach or be reached by the embassy or consulate of their Member State of nationality within
Amendment 21 #
Proposal for a directive Recital 5 (5) As a first criterion, consular authorities should take into account the difficulty and length of time for citizens to safely reach or be reached by the embassy or consulate of their Member State of nationality within a reasonable period of time, given their specific circumstances, taking into account the nature and urgency of the assistance requested and the means, notably financial resources, available to them. For example, the need for an EU Emergency Travel Document as a result of the loss of travel documents should, in principle, result in the citizen being considered as unrepresented if reaching the embassy or consulate of his or her Member State of nationality would require overnight or air travel, as he or she cannot be expected to travel under such circumstances.
Amendment 22 #
Proposal for a directive Recital 10 (10) Where a crisis situation results in a large number of applications for consular protection, the embassies and consulates of the Member States represented in the third country concerned should be given the possibility to agree to distribute applications based on available capacity with a view to making best use thereof. For that purpose, they may be assisted by Union delegations. Such cooperation may include, inter alia, the exchange of information, logistical and administrative coordination and the facilitation of communication between the parties concerned.
Amendment 23 #
Proposal for a directive Recital 10 (10) Where a crisis situation results in a large number of applications for consular protection, the embassies and consulates of the Member States represented in the third country concerned should be given the possibility to agree to distribute applications based on available capacity with a view to making best use thereof. For that purpose, they
Amendment 24 #
Proposal for a directive Recital 14 (14) It is necessary to ensure optimal and swift access to justice for Union citizens victimised in third countries, which requires closer contact and cooperation between authorities and support organisations of third countries and consular authorities and support organisations of Member States.
Amendment 25 #
Proposal for a directive Recital 19 (19) In order to ensure preparedness regarding possible consular crises requiring the provision of assistance to unrepresented citizens, local consular cooperation among Member States and Union delegations in third countries should include exchanges on matters relevant to such citizens, including their security and safety, the establishment of joint consular contingency plans, mechanisms for quick response, and the organisation of consular exercises. In this context, it can be particularly relevant for the consular authorities of unrepresented Member States to be included in such local consular cooperation when coordinating on consular crisis preparedness and response.
Amendment 26 #
Proposal for a directive Recital 21 (21) Past crises have shown 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 swiftly and efficiently at local level in case of a crisis, with
Amendment 27 #
Proposal for a directive Recital 23 (23) Joint consular contingency plans should also take into account, where appropriate, the roles and responsibilities of Lead States, that is, Member States represented in a given third country that are in charge of coordinating and leading the assistance of unrepresented citizens during crises, to ensure the effective coordination of consular assistance. In addition, joint consular contingency plans should be evaluated annually, or more frequently if there are extraordinary circumstances or unstable contexts that require so, in the context of consular exercises to ensure their continued relevance. At the same time, joint consular contingency plans should not be understood as replacing existing national crisis plans of Member States or affecting their responsibility to provide consular assistance to their own nationals, but as a coherent approach that can additionaly help to coordinate the efforts of the represented Member States.
Amendment 28 #
Proposal for a directive 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. As part of this coordination process, Member States could explore ways to use information and communication technology and systems to provide travel advice in a more efficient and accessible way for travellers. For example, mobile applications or online platforms could be developed which provide real-time up-to-date information on the situation in various destinations, as well as personalised notifications for travellers based on their itinerary.
Amendment 29 #
Proposal for a directive Recital 25 (25) Travel advice, that is, information issued by Member States about the relative safety of travelling to specific third countries, should be regularly updated in order to enable
Amendment 30 #
Proposal for a directive Recital 26 (26) Efficient coordination is vital to ensure effective crisis response. To ensure such coordination, Member States
Amendment 31 #
Proposal for a directive Recital 26 (26)
Amendment 32 #
Proposal for a directive Recital 28 (28) Joint consular teams should be based on the principles of
Amendment 33 #
Proposal for a directive Recital 30 (30) To support Union citizens in need, it is important to provide them with accessible and reliable information on how to avail themselves of consular assistance in third countries. The Commission services and the EEAS
Amendment 34 #
Proposal for a directive Recital 30 a (new) (30 a) Member States and EU relevant bodies shall ensure that consular protection information provided to EU citizens on digital platforms, including mobile applications, is updated, reliable, transparent and accessible. In this sense, a broadcast service should be established in order for EU citizens to receive contextualised messages related to their rights, how to exercise them when they arrive to third countries, and instant notifications in the event of a crisis. Additionally, a revised and improved joint EU portal for consular protection including all significat information, instructions for urgent situations and contact information of relevant EU delegations and consular states in third countries, should be considered.
Amendment 35 #
Proposal for a directive Recital 30 a (new) (30 a) Member Sates should ensure that citizens have easy access to up-to date information regarding consular protection. In this regard, EU citizens should receive automated notifications regarding their rights and the procedures for exercising them while in third countries, particularly during crisis situations.
Amendment 36 #
Proposal for a directive Recital 30 a (new) (30 a) Member States should ensure that citizens have easy access to up-to date information regarding consular protection. In this regard, EU citizens should receive prompt notifications regarding their rights and procedures for exercising them while in third countries, particularly during crisis situations.
Amendment 37 #
Proposal for a directive Recital 31 (31) Member States should take additional measures to further contribute to raising Union citizen’s awareness of their right to consular protection, also taking into account the specific needs of persons with disabilities. Given the limited costs it entails
Amendment 38 #
Proposal for a directive Recital 31 (31) Member States should take additional measures to further contribute to raising Union citizen’s awareness of their right to consular protection, also taking into account the specific needs of persons with disabilities. Given the limited costs it entails for the Member States, one possible way to do so would be to reproduce the wording of Article 23 TFEU in passports issued by Member States as a way to enhance citizens’ awareness of the right to protection by diplomatic and consular authorities, as already recommended by Commission Recommendation C(2007) 58415 . Member States
Amendment 39 #
Proposal for a directive Recital 33 (33) In cases where the costs have not been repaid by the citizen directly, that is, neither immediately when making the request or at a later stage when having been requested to do so by the assisting Member State on the basis of the undertaking to repay, the assisting Member State should be entitled to ask for the reimbursement of the costs due from the unrepresented citizen’s Member State of nationality. To avoid being faced with requests for reimbursement after long periods, the assisting Member State and Member State of nationality should be given a reasonable deadline to, respectively, make the request and reimbursement. Application of these measures will make it possible to ensure that the assisting Member State recuperates its costs in a timely and efficient manner, thus preventing any blockage of the use of funds in other such situations.
Amendment 40 #
Proposal for a directive Recital 34 a (new) (34 a) The impact of continuous crises and conflicts worldwide can entail the risk of overloading Member States’ consular protection and/or assistance, particularly in times of major crisis. The EEAS and EU Delegations, which have assumed an increasing role in this regard, have played a pivotal coordinating role on the ground. An appropriate increase of the EEAS budget and human resources should be granted, in addition to the revenue from Member States reimbursements, to guarantee the proper execution of responsibilities in providing assistance and/or protection to EU citizens.
Amendment 41 #
Proposal for a directive 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, providing for suitable and specific measures to safeguard the fundamentel rights and the interests of the data subject, 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 42 #
Proposal for a directive Recital 41 (41) When processing 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. Furthermore, it is vital that the competent authorities put in place clear and transparent procedures for the management and protection of this sensitive data. Such procedures could include the regular review of data security policies, regular data protection training for staff and the implementation of monitoring and reporting systems for the identification and handling of potential cybersecurity incidents and breaches of privacy.
Amendment 43 #
Proposal for a directive Recital 41 (41) When processing 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’ rights and 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.
Amendment 44 #
Proposal for a directive Recital 41 (41) When processing 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 and rights. 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.
Amendment 45 #
Proposal for a directive Recital 41 (41) When processing 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 and rights. 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.
Amendment 46 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive (EU) 2015/637 Article 5a (-1) In Chapter 1, the following article 5a is added: Article 5a Unrepresented stateless persons and persons under protection in third countries Consular protection shall be provided to recognised refugees, stateless persons and persons enjoying temporary protection who reside in a Member State which is not represented in a third country, to the same extent and on the same conditions as it would be provided to recognised refugees, stateless persons and persons enjoying temporary protection who reside in the assisting Member State, in accordance with its national law or practice.
Amendment 47 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/637 Article 6 – paragraph 2 – point a (a) the difficulty for the citizen concerned to safely reach or be reached by the embassy or consulate of his or her Member State of nationality within a reasonable period of time, given their specific circumstances, taking into account the nature and urgency of the assistance requested and the means available to the citizen;
Amendment 48 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/637 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, given the citizen's circumstances, as operational and accessible;
Amendment 49 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/637 Article 7 – paragraph 4a (new) 4 a. When providing consular protection to unrepresented citizens, Member States shall take into account the needs of vulnerable individuals at risk of discrimination on any ground referred to in Article 21 of the Charter, namely sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.
Amendment 50 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 11 – paragraph 1 – point b (b) facilitating , with the EEAS headquarters, the exchange of information between Member States’ embassies and consulates;
Amendment 51 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 11 – paragraph 1 – point c (c) facilitating, with the EEAS headquarters, where appropriate, the exchange of information with local authorities, diplomatic and consular authorities of third countries and international organisations;
Amendment 52 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 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, without delay, the Union delegation with all the relevant information in the case concerned.
Amendment 53 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 11 – paragraph 2a (new) 2 a. Union delegations and the EEAS shall be allocated the necessary additional financial and human resources to cover the overhead and additional horizontal administrative workload.
Amendment 54 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/367 Article 13 – paragraph 1 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 joint consular contingency plan shall be updated annually
Amendment 55 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 1 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 joint consular contingency plan shall be updated annually, or more frequently in the event of extraordinary circumstances or unstable contexts, and contain:
Amendment 56 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 1 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 joint consular contingency plan shall be updated annually and contain, as a minimum:
Amendment 57 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 1 – point a a(new) (a a) an estimate and overview of the available evacuation capacities;
Amendment 58 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 2 Where present, Union delegations shall coordinate the setting up and agreement of joint consular contingency plans, based on contributions made by the embassies or consulates of the Member States represented in the third country concerned and the consular authorities of unrepresented Member States. When necessary, this may include the cooperation with third countries and international organisations. Joint consular contingency plans shall be made available to all Member States, the EEAS and the Commission services.
Amendment 59 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 3a (new) 3 a. Member States and Union delegations shall collaborate in the deployment of Early Warning Systems to enable the timely detection of potential crises or hazards, such as natural disasters, political unrest, or health emergencies, in the third country concerned. These systems shall utilize data analytics, risk assessments, and intelligence sharing to provide early indicators of emerging threats, thereby enhancing the effectiveness of crisis preparedness and response efforts.
Amendment 60 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 4 4. Member States shall, in accordance with national law, provide their citizens with the possibility to register with or inform competent national authorities, by appropriate means and tools, of their travels to or residence in third countries. Where a third country is considered not safe according to their travel advice, Member States shall take proactive measures to inform their citizens of the aforementioned possibility.
Amendment 61 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 4 4. Member States shall, in accordance with national law,
Amendment 62 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/367 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.
Amendment 63 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 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. Member States should always inform each-other every time they become aware of increased security risks. ;
Amendment 64 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 5a (new) 5 a. Member States shall enhance situational awareness with Union delegations in third countries, including by regularly sharing risk assessments updates and possible threats to the security of EU citizens, and by exchanging information on their travel advice;
Amendment 65 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 –paragraph 5b (new) 5 b. The EEAS, in close cooperation with Member States, shall provide consular crisis preparedness, simulation and response training to Union officials and Member States’ diplomatic and consular staff to improve their ability to manage crisis situations and provide assistance to EU citizens abroad;
Amendment 66 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive (EU) 2015/637 Article 13a – paragraph 1 1. In the event of a crisis, the Union and Member States shall closely cooperate to ensure timely and efficient assistance for unrepresented citizens. They shall, where possible, inform each other of available evacuation capacities
Amendment 67 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive (EU) 2015/637 Article 13a – 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.
Amendment 68 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive (EU) 2015/367 Article 13a – paragraph 2 2. Where necessary, Member States may be supported by joint consular teams composed of experts from Member States,
Amendment 69 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive (EU) 2015/637 Article 13a – paragraph 4 4. When providing assistance, Member States may
Amendment 70 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Article 13b – paragraph 1 Amendment 71 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Article 13b – paragraph 2 2. Member States, the Commission services and the EEAS shall make the information referred to in paragraph 1, points (a), (b), (c) and (
Amendment 72 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Article 13c – paragraph 1 1. Member States shall take measures to inform their citizens of their right set out in Article 20(2), point (c), TFEU.
Amendment 73 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/367 Article 13c – paragraph 1 – point –a (new) (-a) developing automatic notification systems, such as short message systems via telephone networks, to provide their citizens with basic information about the right to consular protection and revelant contact information upon arrival to a third country, as well as alert messages during crisis situations;
Amendment 74 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Article 13c – paragraph 1 – point a Amendment 75 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Article 13c – paragraph 1 – point ca (new) (c a) developing automatic notification systems, such as short message systems via telephone networks, to provide all EU citizens with basic contact information for consular protection upon arrival to a third country, as well as instant notifications in the event of a crisis
Amendment 76 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Article 13c – paragraph 1 – point ca (new) (c a) implementing digital technologies and automated notification systems, such as SMS via telephone networks, to provide EU citizens with essential contact details for consular protection upon entering a third country, as well as alert messages during crisis situations.
Amendment 77 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Article 13c – paragraph 1 – point cb (new) (c b) In addition, Member States shall reproduce the first sentence of Article 23 TFEU on national passports
Amendment 78 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive (EU) 2015/367 Article 14 – paragraph 2 If an unrepresented citizen is unable to pay the costs referred to in paragraph 1 to the assisting Member State when making a request for assistance, the assisting Member State may require the unrepresented citizen to sign an undertaking to repay. On that basis, the assisting Member State may ask the unrepresented citizen concerned to pay such costs once
Amendment 79 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive (EU) 2015/637 Article 14 – paragraph 6 6. The Commission may adopt implementing acts establishing standard forms, available in all Member State languages, to be used for the undertaking to repay referred to in paragraph 2 and for the repayment of the costs from the Member State of nationality referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15a(2).
Amendment 80 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive (EU) 2015/367 Article 15 – paragraph 3a (new) 3 a. Where, in the crisis situations refered to in paragraph 1, recognised refugees, stateless persons and persons enjoying temporary protection who reside in a Member State are in need of assistance, Member States shall provide such assistance under the same conditions as represented and unrepresented citizens and the procedure in paragraphs 1 and 2 shall also apply to consular protection provided by the assisting Member State to recognised refugees, stateless persons and persons enjoying temporary protection who reside in another Member State.
Amendment 81 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/637 Article 16a – paragraph 1 1. For the purposes of this Directive, the competent authorities of the Member States shall process personal data in compliance with applicable regulations and only to:
Amendment 82 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/637 Article 16a – paragraph 1 – point fa (new) (f a) ensure compliance with the provisions of Article 13(4) regarding the registration and notification of citizens' travels to or residence in third countries.[BA1] [BA1]as requested by the [BA1]European Data Protection Service opinion
Amendment 83 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/367 Article 16a – paragraph 1 – point fa (new) (f a) provide the information and warnings referred to in Article 13c(1), point (-a);
Amendment 84 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/637 Article 16a – paragraph 4 4. Personal data processed pursuant to paragraphs 1 and 2 shall be limited to what is strictly necessary to carry out the tasks referred therein, such as the identity of the person in need of consular protection and the circumstances of the consular case.
Amendment 85 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/637 Article 16a – paragraph 5 5. The competent authorities of the Member States and Union institutions and bodies may process personal data
Amendment 86 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/637 Article 16a – 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’ rights and interests. They shall also introduce internal policies and undertake necessary technical and organisational measures to prevent unauthorised access and transmission of such personal data. Access rights to the personal data referred to in paragraph 5 shall be conferred to authorised personnel only.
Amendment 87 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/637 Article 16a – 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 and rights. They shall also introduce internal policies and undertake necessary technical and organisational measures to prevent unauthorised access and transmission of such personal data.
Amendment 88 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/367 Article 16a – 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 and rights. They shall also introduce internal policies and undertake necessary technical and organisational measures to prevent unauthorised access and transmission of such personal data.
Amendment 89 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/637 Article 16a – paragraph 7 – subparagraph 1 For the purposes of this Directive, the competent authorities of the Member States shall transfer personal data to a third country or international organisation only to carry out the tasks referred to in Article 9, Article 10 and Article 13a and in accordance with Chapter V of Regulation (EU) 2016/679. Personal data referred to in paragraph 5 shall be excluded from such transfer, unless explicit prior consent of the EU data subject.
Amendment 90 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/637 Article 16 – paragraph 7 – subparagraph 2 For the purposes of this Directive, Union institutions and bodies shall transfer personal data to a third country or international organisation only to carry out the tasks referred to in Article 10(1), Article 11 and Article 13a and in accordance with Chapter V of Regulation (EU) 2018/1725. Personal data referred to in paragraph 5 shall be excluded from such transfer, unless explicit prior consent of the EU data subject.
Amendment 91 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/637 Article 16b – paragraph 1 Member States shall ensure that unrepresented citizens have an effective access to complaint mechanisms and remed
Amendment 92 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/367 Article 16b – paragraph 1 Member States shall ensure that unrepresented citizens have access to an effective remedy under national law in the event of a breach of their rights under this Directive.
Amendment 93 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive (EU) 2015/637 Article 19 – paragraph 3 No sooner than [
Amendment 94 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive (EU) 2015/637 Article 19 – paragraph 3 No sooner than [
source: 759.992
2024/04/03
LIBE
66 amendments...
Amendment 15 #
Proposal for a directive Recital 1 a (new) (1 a) The scope of the Directive (EU) 2015/637 should be extended to other categories of persons that have genuine links to a Member State or that are entitled to consular protection by that Member State. In this sense, recognised refugees, stateless persons and persons enjoying temporary protection who reside in a Member State as well as third- country nationals that reside in a Member State and are entitled to consular protection by that Member State should be entitled to consular protection in a third country where their Member State of residence is not represented under the same conditions as unrepresented citizens. This should include permanent residents of a Member State that are not citizens of any other state.
Amendment 16 #
Proposal for a directive Recital 1 a (new) (1 a) The scope of the Directive (EU) 2015/637 should also be extended beyond EU citizens. In this sense, recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State should be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority.
Amendment 17 #
Proposal for a directive Recital 1 a (new) (1 a) The scope of the Directive (EU) 2015/637 should also be extended beyond citizens of the Union. In this sense, recognised refugees and other persons who are legally residing in a Member State and are holders of a travel document issued by that Member State should be entitled to consular protection under the same conditions as unrepresented citizens.
Amendment 18 #
Proposal for a directive Recital 1 b (new) (1 b) Member states should take an intersectional approach when applying this Directive, including carrying out an intersectional analysis looking at the different needs of vulnerable groups in relation to ongoing and emerging crisis situations.
Amendment 19 #
Proposal for a directive Recital 2 (2) Crises resulting in requests for consular protection are increasing in frequency and scale. The COVID-19 pandemic, the crisis in Afghanistan in 2021, Russia’s war of aggression against Ukraine, the conflict in Sudan, the repatriations from Israel and Gaza and other similar crises have provided a context to identify gaps and reflect on how to further facilitate the exercise of the right to consular protection. Fundamental changes are needed in the EU’s preparedness, information-gathering and decision- making capacity ahead of and during crises. Drawing lessons from those experiences, and in order to simplify procedures for citizens and consular authorities, the rules and procedures of Directive (EU) 2015/637 should be clarified and streamlined so as to improve the effectiveness of the provision of consular protection to unrepresented citizens of the Union, in particular in crisis situations. Best use should be made of the available resources at Member State and Union level, both locally in third countries and at capital level.
Amendment 20 #
Proposal for a directive Recital 2 (2) Crises resulting in requests for consular protection are increasing in frequency and scale. The COVID-19 pandemic, the crisis in Afghanistan, Russia’s war of aggression against Ukraine, the conflict in Sudan, the repatriations from Israel and Gaza, growing role of phenomenon force marriage and marital captivity and other similar crises have provided a context to identify gaps and reflect on how to further facilitate the exercise of the right to consular protection. Drawing lessons from those experiences, and in order to simplify procedures for citizens and consular authorities, the rules and procedures of Directive (EU) 2015/637 should be clarified and streamlined so as to improve the effectiveness of the provision of consular protection to unrepresented citizens of the Union, in particular in crisis situations. Best use should be made of the available resources at Member State and Union level, both locally in third countries and at capital level.
Amendment 21 #
Proposal for a directive Recital 2 a (new) (2 a) It is also necessary to take into account the growing role of phenomenon force marriage and marital captivity, affect ten of a thousand of European citizens - mostly women, every year. Force marriage and marital captivity violate article 5 (right to liberty and security), article 8 (right to respect for private and family life), article 12 (right to marry), article 14 (prohibition of discrimination) of the European Convention on Human Rights and also violate a wide range of provisions under the Istanbul Convention. Due to the often cross-border nature of these phenomena, EU consular protection should provide appropriate measures and instruments to support victims, in particular, appropriate legal and psychological assist for victims.
Amendment 22 #
Proposal for a directive Recital 5 (5) As first criterion, consular authorities should take into account the difficulty for citizens to safely reach or be reached by the embassy or consulate of their Member State of nationality within a reasonable period of time, taking into account the nature and urgency of the assistance requested and the means, notably financial resources, available to them. While the appropriate period of time will depend on the particularities of each assistance request, the period for citizens to safely reach or be reached by the embassy or consulate of their Member State should in any case not exceed 48 hours. For example, the need for an EU Emergency Travel Document as a result of the loss of travel documents should,
Amendment 23 #
Proposal for a directive Recital 5 (5) As first criterion, consular authorities should take into account the difficulty for citizens to safely reach or be reached by the embassy or consulate of their Member State of nationality rapidly and within a reasonable period of time, taking into account the nature and urgency of the assistance requested and the means, notably financial resources, available to them. For example, the need for an EU Emergency Travel Document as a result of the loss of travel documents should
Amendment 24 #
Proposal for a directive Recital 6 (6) Possible closures of the embassy or consulate of the citizen’s Member State of nationality should also be considered, notably during crisis situations. This also applies to a situation in which the embassy or consulate has lost human resources to such an extent that it makes it difficult or impossible for them to function efficiently and effectively. Where the embassy or consulate from which the unrepresented citizen seeks consular protection cannot confirm, in a timely manner, that the embassy or consulate of the citizen’s Member State of nationality is operational and accessible, the citizen should be considered as unrepresented.
Amendment 25 #
Proposal for a directive Recital 7 a (new) (7 a) Any additional specific circumstances or conditions possibly not covered by this directive that might hamper a Union citizen to reach the embassy or consulate of their Member State should be interpreted as well when considering a citizen as unrepresented;
Amendment 26 #
Proposal for a directive Recital 10 (10) Where a crisis situation results in a large number of applications for consular protection, the embassies and consulates of the Member States represented in the third country concerned should be given the possibility to agree to distribute applications based on available capacity with a view to making best use thereof. For that purpose, they
Amendment 27 #
Proposal for a directive Recital 10 (10) Where a crisis situation results in a large number of applications for consular protection, the embassies and consulates of the Member States represented in the third country concerned should be given the possibility to agree to distribute applications based on available capacity with a view to making best use thereof. For that purpose, they
Amendment 28 #
Proposal for a directive Recital 11 (11) Applications should not be transferred if consular protection would thereby be compromised, in particular if the urgency of the matter requires immediate action by the embassy or consulate of the Member State approached. That could be the case, for example, in cases of serious medical emergencies or seemingly arbitrary or politically motivated arrests. In addition, unrepresented citizens should be kept informed about any such transfers.
Amendment 29 #
Proposal for a directive Recital 12 a (new) (12 a) Union delegations should always provide consular assistance tasks where they are the only representation physically located in a third country or where there is an objective need for additional assistance to unrepresented citizens during a crisis situation due to insufficient capacity of Member States’ embassies and consulates.
Amendment 30 #
Proposal for a directive Recital 13 (13) When providing consular protection to unrepresented citizens, Member States should take into account the specific needs of vulnerable groups, such as unaccompanied minors, pregnant women, persons with reduced mobility, persons with disabilities or individuals at risk of discrimination on any ground such as those referred to in Article 21 of the Charter. The training provided to Union officials and Member States’ diplomatic and consular staff should include practical guidance on how to apply an intersectional approach to the specific needs of vulnerable groups.
Amendment 31 #
Proposal for a directive Recital 13 (13) When providing consular protection to unrepresented citizens, Member States should take into account the specific needs of vulnerable groups, such as unaccompanied minors, victims of force marriage or marital captivity, pregnant women, persons with reduced mobility, elderly people, persons with disabilities or individuals at risk of discrimination on any ground such as those referred to in Article 21 of the Charter.
Amendment 32 #
Proposal for a directive Recital 13 (13) When providing consular protection to unrepresented citizens, Member States should take into account the specific needs of vulnerable groups, such as unaccompanied minors, pregnant women, persons with reduced mobility, persons with disabilities or individuals at risk of discrimination on any ground such as those referred to in Article 21 of the Charter, local staff of EU missions and Member States' embassies.
Amendment 33 #
Proposal for a directive Recital 14 (14) It is necessary to ensure optimal access to justice for Union citizens victimised in third countries, which requires closer contact and cooperation between authorities and support organisations of third countries and consular authorities and support organisations of Member States. Citizens victimised in third countries should also be considered victims of force marriage or marital captivity, for whom specific and adapted assistance should be provided. It requires measures to train police and legal professionals to properly recognize the situation of marital captivity and ensure adequate assist for victims, including legal assists and psychological help if necessary.
Amendment 34 #
Proposal for a directive Recital 16 a (new) (16 a) Consular crisis preparedness and response training should be provided to Union officials and Member States’ diplomatic and consular staff by the EEAS, in close cooperation with Member States. In order to ensure protection of vulnerable groups, that training should cover practical guidance on how to apply an intersectional approach to the specific needs of vulnerable groups in a crisis situation.
Amendment 35 #
Proposal for a directive Recital 30 a (new) (30 a) Member Sates should ensure that citizens have easy access to up-to date information regarding consular protection. In this regard, EU citizens should receive automated notifications regarding their rights and the procedures for exercising them while in third countries, particularly during crisis situations.
Amendment 36 #
Proposal for a directive Recital 31 (31) Member States should take additional measures to further contribute to raising Union citizen’s awareness of their right to consular protection, also taking into account the specific needs of persons with disabilities. Given the limited costs it entails
Amendment 37 #
Proposal for a directive Recital 33 (33) In cases where the costs have not been repaid by the citizen directly, that is, neither immediately when making the request or at a later stage when having been requested to do so by the assisting Member State on the basis of the undertaking to repay, the assisting Member State should be entitled to ask for the reimbursement of the costs due from the unrepresented citizen’s Member State of nationality. To avoid being faced with requests for reimbursement after long periods, the assisting Member State and Member State of nationality should be given a reasonable deadline to, respectively, make the request and reimbursement. The deadline should take into account the complexity of the problem, the involvement of the facility's staff and the duration of assistance
Amendment 38 #
Proposal for a directive Recital 41 (41) When processing 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 and rights. 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.
Amendment 39 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive (EU) 2015/637 Article 5a (-1) In Chapter 1, the following article 5a is added: Article 5a Unrepresented stateless persons and persons under protection in third countries Consular protection shall be provided to recognised refugees, stateless persons and persons enjoying temporary protection who reside in a Member State which is not represented in a third country, to the same extent and on the same conditions as it would be provided to recognised refugees, stateless persons and persons enjoying temporary protection who reside in the assisting Member State, in accordance with its national law or practice.
Amendment 40 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/637 Article 2a (-1) In Chapter 1, the following Article 2a is inserted: ‘Article 2a Principle of non-discrimination and protection of vulnerable groups When providing consular protection to unrepresented citizens, Member States shall take into account the specific needs of vulnerable groups and individuals at risk of discrimination on any ground such as those referred to in Article 21 of the Charter, namely sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.’
Amendment 41 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/637 Article 4 – paragraph 2 (-1 a) in Article 4, the following paragraph 2 is added: ‘2. Recognised refugees and stateless persons and other persons who do not hold the nationality of any country, who reside in a Member State and are holders of a travel document issued by that Member State shall be entitled to consular protection under the same conditions as unrepresented citizens, if a Member State of residence is not represented by a diplomatic or consular authority’.
Amendment 42 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Article 6 – paragraph 2 Article 6 – paragraph 2 (c a) a significant reduction in the staff of the embassy or consulate, which may significantly affect the effectiveness and efficiency of their operations
Amendment 43 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/637 Article 6 – paragraph 2 – point (ca) (c a) any other difficulties or local circumstances that might have been overseen by this regulation and prevent the citizen to reach the embassy or consulate concerned;
Amendment 44 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/637 Article 7 – paragraph 1 a (new) 1 a. Recognised refugees and other persons who are legally residing in a Member State and are holders of a travel document issued by that Member State shall be entitled to consular protection under the same conditions as unrepresented citizens, if the Member State of residence is not represented by a diplomatic or consular authority.
Amendment 45 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive (EU) 2015/637 Article 7 – paragraph 3 a (new) 3 a. Where Union delegations are the only representation physically located in a third country, or where there is an objective need for additional assistance to unrepresented citizens during a crisis situation due to insufficient capacity of Member States’ embassies and consulates, Union delegations shall provide consular assistance, including issuing Emergency Travel Documents following the provisions set forth by directive 2019/997.
Amendment 46 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – introductory part Directive (EU) 2015/637 Article 9 (2)
Amendment 47 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive (EU) 2015/637 Article 12 – paragraph 2 (f a) (b) the following point (g) is added: ‘(g) court proceedings, especially in cases where death penalty, another cruel, inhuman or degrading punishment, or long-term prison sentence may be imposed.’
Amendment 48 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2015/637 article 12 – paragraph 2 (a) the security and safety of Union citizens, local staff and on other matters relevant to them;
Amendment 49 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2015/637 article 12 – paragraph 2 (e a) Contingency plans for local staff and their families in emergency situations
Amendment 50 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 12 – paragraph 3 3.
Amendment 51 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 1 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 joint consular contingency plan shall be updated annually, or more frequently if there are extraordinary circumstances that require so, and contain:
Amendment 52 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 1 – point (aa) (a a) an analysis of all local staff having worked directly or indirectly for Member States embassies or consulates, EU Delegations or other EU or Member States’ projects, including a risk assessment for them and evacuation scenario’s;
Amendment 53 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 2 – subparagraph 1 Where present, Union delegations shall coordinate the setting up and agreement of joint consular contingency plans, based on contributions made by the embassies or consulates of the Member States represented in the third country concerned and the consular authorities of unrepresented Member States. Joint consular contingency plans shall be made available to all Member States, the European Parliament, the EEAS and the Commission services.
Amendment 54 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 Article 13 – paragraph 2 – subparagraph 3 In third countries where no Union delegation is present, the coordination shall be done by the Chair of the local consular cooperation agreed pursuant to Article 12(3), supported by the EEAS. During the preparation of joint consular contingency plans, Member States and Union delegations shall cooperate with third countries and international organisations, including military organisations when necessary.
Amendment 55 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive (EU) 2015/637 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
Amendment 56 #
Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive (EU) 2015/637 Article 12a (4 a) The following article 12a is inserted: ‘Article 12a Training 1. The EEAS, in close cooperation with Member States, shall provide consular crisis preparedness and response training to Union officials and Member States’ diplomatic and consular staff. That training shall include practical guidance on how to apply an intersectional approach to the specific needs of vulnerable groups in the event of a crisis.’;
Amendment 57 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Diretive (EU) 2015/637 Article 13a Article 13a
Amendment 58 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point a (new) Directive (EU) 2015/637 Article 13aa a) (5 a) In Chapter 2, the following Article 13aa is inserted: ‘Article 13aa Permanent Consular Crisis Response Mechanism 1. A Permanent Consular Crisis Response Mechanism shall be established to guarantee the fulfilment of the right to consular protection under this Directive. This mechanism shall include the Member States, the Commission and the EEAS. 2. This mechanism shall have three different levels of activation: a) Monitoring mode: This mode shall allow information about a crisis to be exchanged on a voluntary basis. b) Information-sharing mode: This mode shall involve an obligation for the Commission and the EEAS to produce Integrated Situational Awareness and Analysis (ISAA) reports, as well as investment into situational awareness and preparedness for possible escalation. c) Full activation mode: This mode shall entail the preparation of proposals for action with regard to the EU response. 3. This mechanism, in any of the three modes as provided for in the previous paragraph, can be triggered by any Member State, the European Commission, the EEAS and the European Parliament.’
Amendment 59 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point b (new) Directive (EU) 2015/637 Article 13ab b) (5 b) In Chapter 2, the following Article 13ab is inserted: ‘Article 13ab EU’s duty of care 1. Member States, the European Commission and the EEAS shall establish a permanent cross-institutions evacuation cell tasked with constantly monitoring countries at risk and identifying the ‘eligible persons’ to be evacuated and resettled in the event of a crisis. 2. Union delegations shall ensure the fulfiment of their duty of care responsibilities in line with the Decision of the High Representative of the Union for Foreign Affairs and Security Policy of 19 June 2023 on the security rules for the European External Action Service 2023/C 263/04. 3. In the event of a crisis in a third country that requires immediate evacuation of the personnel working in a Union delegation, the ‘staff placed under the responsibility of the EEAS’ as defined in Article 2 of the aforementioned Decision, as well as their eligible dependants, shall enjoy the same rights to consular protection granted to citizens of the Union under this Directive under the same conditions as the nationals of the Member States. 4. Member States shall also fulfil their duty of care responsibilities, particularly regarding the staff placed under the responsibility of their embassies and consulates, regardless of their administrative status or origin, as well as their eligible dependants. To this end, Member States shall regulate their own security rules with the aim at fulfilling their duty of care. Member States may request the support of other Member States and/or the EEAS when setting up their own security rules. 5. Union delegations and Member States’ consulates and embassies shall extend their duty of care of ‘entitled persons’ to contractors and local staff that previously worked with the missions.
Amendment 60 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point c (new) Directive (EU) 2015/637 Article 13ac c) (5 c). in Chapter 2, the following Article 13ac is inserted: ‘Article 13ac EU’s responsibility to protect human rights defenders in third countries In the event of a crisis in a third country, Member States’ embassies and consulates and the respective Union delegation shall ensure the protection of human rights defenders at risk, including evacuation from the third country concerned to the EU as a last resort. To this end, Member States and Union delegations may take into account the EU Guidelines on Human Rights Defenders.’
Amendment 61 #
Proposal for a directive Article 1 – paragraph 1 – point 5 – point d (new) Directive (EU) 2015/637 Article 13ad d) (5 d). in Chapter 2, the following Article 13ad is inserted: ‘Article 13ad Special protection of children 1. Member States, with the support of the Union delegations, shall take protective measures to ensure the right to consular protection of children in third countries, particularly when there is a risk of infringement of their rights enshrined in the Charter of Fundamental Rights of the EU and the UN Convention on the Rights of the Child. When providing consular assistance to children, Member States shall consider the child’s best interest as their primary consideration. 2. The Member State of nationality shall ensure the repatriatrion of children who are under its jurisdiction. In case the Member State of nationality is unwilling or unable to repatriate the children under its jurisdiction, the other Member States represented in a third country, with the assistance of the Union delegation if needed, shall provide the concerned children with the appropriate consular assistance, including repatriation.
Amendment 62 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Article 13b – paragraph 1 At least once per year, Member States shall provide the Commission, the European Parliament and the High Representative of the Union for Foreign Affairs and Security Policy with the following information:
Amendment 63 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Article 13b – paragraph 2 2. Member States, the Commission services and the EEAS shall make the information referred to in paragraph 1
Amendment 64 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Article 13b – paragraph 3 3.
Amendment 65 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Article 13c – paragraph 1 1. Member States shall take measures to inform their citizens of their right set out in Article 20(2), point (c), TFEU.
Amendment 66 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/367 Article 13c, paragraph 1, point –a (-a) developing automatic notification systems, such as short message systems via telephone networks, to provide their citizens with basic information about the right to consular protection and relevant contact information upon arrival to a third country, as well as alert messages during crisis situations;
Amendment 67 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Article 13c – paragraph 1 – point (a) Amendment 68 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Article 13c Paragraph 1 (a) reproducing at least the first sentence of Article 23 TFEU on national passports in a visible place ;
Amendment 69 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Article 13c – paragraph 1 – point c a (new) (c a) developing automatic notification systems, such as short message systems via telephone networks, to provide all citizens of the Union with basic contact information for consular protection upon arrival to a third country, as well as warning messages in the event of a crisis;
Amendment 70 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Article 13c – paragraph 1 – point c b (new) (c b) developing a dedicated website with information on the right to consular protection and practical guidance for citizens in the event of a crisis;
Amendment 71 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive (EU) 2015/637 Article 13c – paragraph 2a 2 a. 3. The EEAS shall provide travel advice addressed to all Union citizens, especially regarding the security situation in the third country in question.’;
Amendment 72 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2015/637 article 13c 2 a. Local staff of EU missions and Members States' embassies and their families shall enjoy the same access to information and consular assistance as EU citizens.
Amendment 73 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive (EU) 2015/367 Article 14, paragraph 2, subparagaph 1 If an unrepresented citizen is unable to pay the costs referred to in paragraph 1 to the assisting Member State when making a request for assistance, the assisting Member State may require the unrepresented citizen to sign an undertaking to repay. On that basis, the assisting Member State may ask the unrepresented citizen concerned to pay such costs once
Amendment 74 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Article 14 Paragraph 4 4. When the consular protection provided to an unrepresented citizen involves unusually high but essential and justified costs related to travel, legal or psychological help also for victims of marital captivity and force marriage, accommodation or translation for the diplomatic or consular authorities, the assisting Member State may, within 12 months of the assistance provided, ask for the reimbursement of such costs directly from the unrepresented citizen's Member State of nationality, which shall reimburse them within a reasonable period of time, not exceeding 12 months.
Amendment 75 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive (EU) 2015/367 Article 15, paragraph 3a 3 a. Where, in the crisis situations referred to in paragraph 1, recognised refugees, stateless persons and persons enjoying temporary protection who reside in a Member State are in need of assistance, Member States shall provide such assistance under the same conditions as represented and unrepresented citizens and the procedure in paragraphs 1 and 2 shall also apply to consular protection provided by the assisting Member State to recognised refugees, stateless persons and persons enjoying temporary protection who reside in another Member State.
Amendment 76 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/637 Article 16a – Paragraph 1 – point f a (new) (f a) process information and registrations of travels or residence provided in accordance with Article 13(4).
Amendment 77 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/367 Article 16a, paragraph 1, point fa (f a) provide the information and warnings referred to in Article 13c(1), point (-a);
Amendment 78 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/367 Article 16a, 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 and rights. They shall also introduce internal policies and undertake necessary technical and organisational measures to prevent unauthorised access and transmission of such personal data.
Amendment 79 #
Proposal for a directive Article 1 – paragraph 1 – point 9 Directive (EU) 2015/367 Article 16b, paragraph 1 Member States shall ensure that unrepresented citizens have access to an effective remedy under national law in the event of a breach of their rights under this Directive.
Amendment 80 #
Proposal for a directive Article 1 – paragraph 1 – point 10 Directive 2015/637 Article 19 – paragraph 3 No sooner than [
source: 760.930
|
History
(these mark the time of scraping, not the official date of the change)
2024-04-27Show (7) Changes | Timetravel
| committees/2/opinion |
False
|
| docs/8 |
|
| docs/9 |
|
| events/2 |
|
| events/3 |
|
| forecasts |
|
| procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting final decision |
2024-04-26Show (5) Changes | Timetravel
| committees/2/opinion |
False
|
| docs/8 |
|
| events/2 |
|
| forecasts |
|
| procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament's vote |
2024-04-25Show (6) Changes | Timetravel
| committees/2/opinion |
False
|
| docs/8 |
|
| events/2 |
|
| forecasts/0 |
|
| forecasts/0 |
|
| procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament's vote |
2024-04-24Show (6) Changes | Timetravel
| committees/2/opinion |
False
|
| docs/8 |
|
| events/2 |
|
| forecasts/0 |
|
| forecasts/0 |
|
| procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament's vote |
2024-04-23Show (6) Changes | Timetravel
| committees/2/opinion |
False
|
| docs/8 |
|
| events/2 |
|
| forecasts/0 |
|
| forecasts/0 |
|
| procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament's vote |
2024-04-22Show (6) Changes | Timetravel
| committees/2/opinion |
False
|
| docs/8 |
|
| events/2 |
|
| forecasts/0 |
|
| forecasts/0 |
|
| procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament's vote |
2024-04-21Show (6) Changes | Timetravel
| committees/2/opinion |
False
|
| docs/8 |
|
| events/2 |
|
| forecasts/0 |
|
| forecasts/0 |
|
| procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament's vote |
2024-04-20Show (3) Changes | Timetravel
| committees/2/opinion |
False
|
| forecasts/0 |
|
| forecasts/0 |
|
2024-04-19Show (1) Changes | Timetravel
| procedure/Other legal basis |
Rules of Procedure EP 159
|
2024-04-17Show (3) Changes | Timetravel
| docs/6 |
|
| docs/7 |
|
| forecasts/0/date |
Old
2024-09-16T00:00:00New
2024-04-22T00:00:00 |
2024-04-16Show (3) Changes | Timetravel
| docs/6 |
|
| docs/7 |
|
| forecasts/0/date |
Old
2024-09-16T00:00:00New
2024-04-22T00:00:00 |
2024-04-15Show (2) Changes | Timetravel
| docs/6 |
|
| docs/7 |
|
2024-04-13Show (2) Changes | Timetravel
| docs/6 |
|
| docs/7 |
|
2024-04-12Show (2) Changes | Timetravel
| docs/6 |
|
| docs/7 |
|
2024-04-11Show (2) Changes | Timetravel
| docs/6 |
|
| docs/7 |
|
2024-04-10Show (1) Changes | Timetravel
| docs/6 |
|
2024-04-09Show (1) Changes | Timetravel
| docs/6 |
|
2024-04-08Show (1) Changes | Timetravel
| docs/6 |
|
2024-04-07Show (1) Changes | Timetravel
| docs/6 |
|
2024-04-06Show (1) Changes | Timetravel
| docs/6 |
|
2024-03-27Show (5) Changes | Timetravel
| docs/5 |
|
| docs/6 |
|
| events/1 |
|
| procedure/dossier_of_the_committee |
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2024-03-26Show (5) Changes | Timetravel
| docs/5 |
|
| docs/6 |
|
| events/1 |
|
| procedure/dossier_of_the_committee |
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2024-03-25Show (4) Changes | Timetravel
| docs/5 |
|
| events/1 |
|
| procedure/dossier_of_the_committee |
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2024-03-24Show (4) Changes | Timetravel
| docs/5 |
|
| events/1 |
|
| procedure/dossier_of_the_committee |
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2024-03-23Show (4) Changes | Timetravel
| docs/5 |
|
| events/1 |
|
| procedure/dossier_of_the_committee |
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2024-03-22Show (4) Changes | Timetravel
| docs/5 |
|
| events/1 |
|
| procedure/dossier_of_the_committee |
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2024-03-21Show (3) Changes | Timetravel
| events/1 |
|
| procedure/dossier_of_the_committee |
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2024-03-20Show (3) Changes | Timetravel
| events/1 |
|
| procedure/dossier_of_the_committee |
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2024-03-19Show (3) Changes | Timetravel
| events/1 |
|
| procedure/dossier_of_the_committee |
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2024-03-15Show (2) Changes | Timetravel
| committees |
|
| procedure/legal_basis/0 |
Rules of Procedure EP 57
|
2024-03-14Show (1) Changes | Timetravel
| procedure/legal_basis/0 |
Rules of Procedure EP 57
|
2024-03-06Show (1) Changes | Timetravel
| docs/4 |
|
2024-02-07Show (1) Changes | Timetravel
| forecasts |
|
2024-01-24Show (1) Changes | Timetravel
| commission |
|
2024-01-04Show (2) Changes
| docs/0 |
|
| events/0/summary |
|