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SHORT JUSTIFICATION
The Commission proposal foresees a substantial extension of the role and activities of the European External Action Service (EEAS) and the European Union Delegations, including new and amended provisions on preparedness and response to crises outside the European Union.
In accordance with point I.3 of Annex VI of the Rules of Procedure (RoP), the oversight of the EEAS and its various services, including the organisation and functioning of EU Delegations and the EEAS Crisis Response Centre, fall within the exclusive competence of the Committee on Foreign Affairs (AFET). The EU Delegations’ work also covers the implementation of the right of citizens of the Union to protection in the territory of third countries as referred to in Article 35 of the Treaty on European Union.
The organisation and functioning of the EEAS, the EU Delegations and the Crisis Response structures are set out in Council Decision 2010/427/EU of 26 July 2010, for which AFET is competent. The 2022 Strategic Compass for Security and Defence, also an AFET competence, launched a review of the EEAS crisis response mechanisms, including among others consular support and field security.
On 15 March 2023, Parliament adopted a CFSP Recommendation led by AFET taking stock of the functioning of the EEAS and for a stronger EU in the world (2021/2065(INI)). It covers a wide range of EEAS issues, including the support the EU Crisis Response Centre (CRC) in coordinating the response of EU and Member State embassies and delegations and the services they offer to EU citizens in times of crisis.
The Commission proposal lifts the role of the EEAS (and its crisis management structures and EU Delegations) to a new level of involvement, in such a way that consular protection becomes intertwined with the EEAS’ foreign, security and defence policy role, whenever decisions must be taken on the basis of assessments, contacts with third countries, use of military assets and other typically CFSP/CSDP elements.
AMENDMENTS
The Committee on Foreign Affairs callssubmits onthe following to the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to take the following into account:responsible:
Amendment 1
Proposal for a directive
Recital 15 a (new)
Text proposed by the CommissionCouncil
Amendment
(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.
(5a) When providing consular protection to unrepresented citizens, Member States should have an intersectional approach to the specific needs of vulnerable groups, such as unaccompanied minors, victims of forced marriage, marital captivity who should be provided with legal and psychological support, pregnant women, persons with reduced mobility, elderly people, persons with disabilities, LGBTIQ+ persons, migrants or individuals at risk of discrimination on any ground such as those referred to in Article 21 of the Charter and case law. Member States, with the support of the Union delegations, shall also take special measures to ensure the right to consular protection of children in third countries, in compliance with Article 1(4), subparagraph 1a, 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.
Amendment 2
Proposal for a directive
Recital 26
Text proposed by the CommissionCouncil
Amendment
(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. 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.
(6) Past experience has shown the important contribution of Union delegations, in close cooperation with Member States, to the implementation of the right to consular protection set out in Article 20(2), point (c), TFEU. 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 and unless otherwise agreed locally, Union delegations should chair local consular cooperation meetings, in close cooperation with the Member State holding the rotating Presidency of the Council of the European Union, where represented, and coordinate the setting up and update of joint EU consular crisis preparedness frameworks. In order to ensure coordination and effective protection of unrepresented citizens, Union delegations should also take part in the coordination of crisis response in close cooperation with the Member States.
(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 and 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 crises should be reinforced, addressing any shortcoming and strengthening our 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.
(6) Past experience has shown the important contribution of Union delegations, in close cooperation with Member States, to the implementation of the right to consular protection set out in Article 20(2), point (c), TFEU. 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 recognize the vital importance of the presence of Union Delegations in third countries and to clarify their supporting role in the implementation of the right to consular protection. For reasons of consistency and business continuity and unless otherwise agreed locally, Union delegations should chair local consular cooperation meetings, in close cooperation with the Member State holding the rotating Presidency of the Council of the European Union, where represented, and coordinate the setting up and update of joint EU consular crisis preparedness frameworks. In order to ensure coordination and effective protection of unrepresented citizens, Union delegations should also take part in the coordination of crisis response in close cooperation with the Member States.
Amendment 3
Proposal for a directive
Recital 4
Recital 7 a (new)
Text proposed by the CommissionCouncil
Amendment
(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 should remain important considerations.
(7a) Any additional specific circumstances or conditions not covered by this Directive, notably those relating to accompanying family members who are not Union citizens and may therefore not be eligible for consular protection by Member States, which may hinder a Union citizen’s ability or willingness to travel to a Member State or a third country, shall also be taken into account.
(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 pragmatic, 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 4
Proposal for a directive
Recital 1012
Text proposed by the CommissionCouncil
Amendment
(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.
(12) In the context of local consular cooperation, joint consular contingency frameworks should be reviewed regularly, and updated if necessary, in particular based on the findings of consular exercises. Joint consular contingency frameworks could also contain specific arrangements relating to the roles of Member States, such as the decision of a group of Member States to strengthen their cooperation for crisis preparedness or response purposes to ensure the effective coordination of consular assistance. At the same time, joint consular contingency frameworks 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.
(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 should be assisted by Union delegations.
(12) In the context of local consular cooperation, joint consular contingency frameworks should be reviewed and updated annually, or more frequently where the situation requires, in particular based on the findings of consular exercises. Joint consular contingency frameworks could also contain specific arrangements relating to the roles of Member States, such as the decision of a group of Member States to strengthen their cooperation for crisis preparedness or response purposes to ensure the effective coordination of consular assistance. At the same time, joint consular contingency frameworks 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 5
Proposal for a directive
Recital 1913
Text proposed by the CommissionCouncil
Amendment
(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 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.
(13) 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 useful that they exchange information on that topic, notably in the context of crisis situations, to improve the information provided to unrepresented citizens. For this purpose, the EEAS should support exchanges of such information between Member States, notably through its secure internet site (Consular OnLine, or ‘CoOL’). Such exchanges could be based on a common structure of the levels of risk indicated in travel advice.
(19) In order to ensure preparedness regarding possible consular crises requiring the provision of assistance to unrepresented citizens - including natural disasters, political unrest or terrorist attacks -, 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 and 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.
(13) 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 useful that they exchange information on that topic, notably in the context of crisis situations, to improve and ensure that the information provided to unrepresented citizens is consistent and up-to-date. For this purpose, the EEAS should support exchanges of such information between Member States, notably through its secure internet site (Consular OnLine, or ‘CoOL’). Such exchanges could be based on a common structure of the levels of risk indicated in travel advice.
Amendment 6
Proposal for a directive
Recital 23
Recital 14 a (new)
Text proposed by the CommissionCouncil
Amendment
(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 existing national crisis plans of Member States or affecting their responsibility to provide consular assistance to their own nationals.
(14a) Experience has shown that the timely exchange of up-to-date information between Member States and EU Delegations is one of the main challenges encountered during crisis situations. For that reason, additional measures and procedures to improve such exchange should be encouraged, including the improvement of the IT tool for crises by the EEAS.
(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, but as a coherent approach that can additionally help to coordinate the efforts of the represented Member States.
Amendment 7
Proposal for a directive
Recital 2516
Text proposed by the CommissionCouncil
Amendment
(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.
(16) Joint consular teams should be based on the principles of voluntary participation, solidarity with represented Member States, equality with regard to decisions on internal working structures, simplicity regarding composition of teams, cost-sharing – with each Member State, Union institution or body bearing its own operational costs – flexibility, visibility of the coordinated Union response and openness to relevant third countries. These principles and topics such as training, preparatory activities for deployment, deployment itself, follow-up procedures, logistics and financial issues, could be further elaborated in non-binding guidelines. Joint consular teams should not affect consular operations led by Member States and their competence to deploy national consular teams.
(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 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 crises, with a view to ensuring 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. Such coordination should take place at an early stage when Member States are planning to change the level of their travel advice.
(16) Joint consular teams should be based on the principles of solidarity with represented Member States, equality with regard to decisions on internal working structures, simplicity regarding composition of teams, cost-sharing – with each Member State, Union institution or body bearing its own operational costs – flexibility, rapidity, visibility of the coordinated Union response and openness to relevant third countries. These principles and topics such as training, preparatory activities for deployment, deployment itself, follow-up procedures, logistics and financial issues, could be further elaborated in non-binding guidelines. Joint consular teams should not affect consular operations led by Member States and their competence to deploy national consular teams.
Amendment 8
Proposal for a directive
Recital 26
Recital 18 a (new)
Text proposed by the CommissionCouncil
Amendment
(26) Efficient coordination is vital to ensure effective crisis response. To ensure such coordination, Member States should be supported by the Crisis Response Centre of the EEAS and the Emergency Response Coordination Centre of the Commission. Coordinated Union crisis response is particularly important in cases requiring evacuations to ensure that available support is provided efficiently, and that best use is made of available evacuation capacities. For that reason, information on available evacuation capacity should be shared in a timely manner, including in case of rescue and evacuation operations using military assets.
(18a) Member States and EU relevant bodies shall ensure that the information to citizens concerning consular protection is easily accessible and up-to-date. Digital platforms, including mobile applications, through which EU citizens have quick and easy access to consular protection information and contact channels at any time, are encouraged. In addition, automatic notification systems, such as short message systems via telephone networks, should be established to provide all EU citizens with contextualised information on their rights and how to exercise them upon arrival to third countries, as well as real-time warning messages and recommendations in the event of a crisis.
(26) Efficient coordination is vital to ensure effective crisis response. To ensure such coordination, Member States have to be supported and receive timely information by the Crisis Response Centre of the EEAS and the Emergency Response Coordination Centre of the Commission. Coordinated Union crisis response is particularly important in cases requiring evacuations to ensure that available support is provided quickly and efficiently, and that best use is made of available evacuation capacities. For that reason, first-hand and relevant information, such as on available evacuation capacity for instance, should be shared in a timely manner to be able to react rapidly and effectively, including in case of rescue and evacuation operations using military assets. In this regard, the EEAS should be able to receive automatic and continuous information from Member States on the situation in third countries.
Amendment 9
Proposal for a directive
Recital 2819
Text proposed by the CommissionCouncil
Amendment
(28) Joint consular teams should be based on the principles of voluntary participation, solidarity with represented Member States, equality with regard to decisions on internal working structures, simplicity regarding composition of teams, cost-sharing – with each Member State, Union institution or body bearing its own operational costs – flexibility, visibility of the coordinated Union response and openness to relevant third countries.
(19) Member States should take appropriate measures to further contribute to raising Union citizen’s awareness of their right set out in Article 20(2), point (c), TFEU, also taking into account the specific needs of persons with disabilities. This could include, for example, reproducing the wording of Article 23 TFEU in passports issued by Member States as already recommended by Commission Recommendation C(2007) 58413 , including relevant information in travel advice and campaigns relating to consular assistance, or encouraging passenger transport service providers and transport hubs offering travel to third countries to add relevant details to the information materials made available to customers.
(28) Joint consular teams should be based on the principle of solidarity with represented Member States, equality with regard to decisions on internal working structures, simplicity regarding composition of teams, cost-sharing – with each Member State, Union institution or body bearing its own operational costs – flexibility, visibility of the coordinated Union response and openness to relevant third countries.
(19) Member States and Union institutions should take appropriate measures to further contribute to raising Union citizen’s awareness of their right set out in Article 20(2), point (c), TFEU, also taking into account the specific needs of persons with disabilities. This should include, for example, reproducing the wording of Article 23 TFEU in passports issued by Member States as already recommended by Commission Recommendation C(2007) 58413 , including relevant information in travel advice and campaigns relating to consular assistance, or requiring passenger transport service providers and transport hubs offering travel to third countries to add relevant details to the information materials made available to customers.
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3 Commission Recommendation C(2007) 5841 of 5 December 2007 on reproducing the text of Article 20 TEC in passports (OJ L 118, 6.5.2008, p. 30, ELI: http://data.europa.eu/eli/reco/2008/355/oj).
3 Commission Recommendation C(2007) 5841 of 5 December 2007 on reproducing the text of Article 20 TEC in passports (OJ L 118, 6.5.2008, p. 30, ELI: http://data.europa.eu/eli/reco/2008/355/oj).
Amendment 10
Proposal for a directive
Recital 30
Recital 22 a (new)
Text proposed by the CommissionCouncil
Amendment
(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 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.
(22a) An appropriate increase of the EEAS budget and staff should be granted, in addition to the revenue from Member States’ reimbursements, to guarantee the proper execution of its responsibilities set out in this Directive.
(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 disseminate in close coordination with Member States relevant information, including information 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 11
Proposal for a directive
Recital 30 a (new)
Recital 32
Text proposed by the CommissionCouncil
Amendment
(30a) Member States and EU relevant bodies shall ensure that the information to citizens concerning consular protection is up-to-date and easily accessible on digital platforms, including mobile applications, so that EU citizens have quick and easy access to information and contact channels at any time. In this sense, a broadcast service should be established in order for EU citizens to receive contextualised messages related to their rights and how to exercise them through instant notifications when they arrive to third countries, and with warning messages in the event of a crisis. Additionally, a revised and improved joint EU portal for consular protection including all relevant information, instructions for urgent situations and contact information relevant to EU delegations and consular states in third countries, should be considered.
Amendment 12
Proposal for a directive
Recital 31
Text proposed by the Commission
Amendment
(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 could also feature information on the right to consular protection enjoyed by unrepresented citizens in travel advice and campaigns relating to consular assistance. They could also cooperate with passenger transport service providers and transport hubs offering travel to third countries, for example by inviting them to add relevant information on the right to consular protection to the information materials made available to customers.
(32) In accordance with the Interinstitutional Agreement of 13 April 2016 on Better Law-Making8, the Commission should, no sooner than [eight years after the transposition deadline of the amending Directive], carry out an evaluation of this Directive in order to assess the actual effects of this Directive and the need for any further action. Member States should provide the Commission with the information necessary for the preparation of that report.
(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, Member States should 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 could also feature information on the right to consular protection enjoyed by unrepresented citizens in travel advice and campaigns relating to consular assistance. They could also cooperate with passenger transport service providers and transport hubs offering travel to third countries, for example by inviting them to add relevant information on the right to consular protection to the information materials made available to customers.
(32) In accordance with the Interinstitutional Agreement of 13 April 2016 on Better Law-Making8, the Commission should, no sooner than [five years after the transposition deadline of the amending Directive], carry out an evaluation of this Directive in order to assess the actual effects of this Directive and the need for any further action. Member States should provide the Commission with the information necessary for the preparation of that report.
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5 Commission Recommendation C(2007) 5841 of 5 December 2007 on reproducing the text of Article 20 TEC in passports (OJ L 118, 6.5.2008, p. 30, ELI: http://data.europa.eu/eli/reco/2008/355/oj).
8 OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj.
5 Commission Recommendation C(2007) 5841 of 5 December 2007 on reproducing the text of Article 20 TEC in passports (OJ L 118, 6.5.2008, p. 30, ELI: http://data.europa.eu/eli/reco/2008/355/oj).
8 OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj.
Amendment 1312
Proposal for a directive
Recital 32
Text proposed by the Commission
Amendment
(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 four weeks have passed since the assistance was provided.
(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 three months have passed since the assistance was provided.
Amendment 14
Proposal for a directive
Recital 34 a (new)
Text proposed by the Commission
Amendment
(34a) An appropiate 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 responsabilities in providing assistance and/or protection to EU citizens. 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 Union Delegations, which have assumed an increasing role in this regard, have played a pivotal coordinating role on the ground.
Amendment 15
Proposal for a directive
Recital 37 a (new)
Text proposed by the Commission
Amendment
(37a) It is important to recall in the context of a crisis response that the 'Strategic Compass for Security and Defence, 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 16
Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)
Directive (EU) 2015/637
Article 4 – subparagraph 1 a (new)
Text proposed by the Commission
Amendment
(-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 17
Proposal for a directive
Article 7 – paragraph 4 a (new)
Text proposed by the CommissionCouncil
Amendment
(4a)4a. 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 thoseintersectional referreddiscrimination tobased inon 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, ageCharter orand sexualcase orientation.’law.
Amendment 1813
Proposal for a directive
Article 11 – paragraph 2 a (new)
Text proposed by the CommissionCouncil
Amendment
(2a)2a. The EEAS and Union Delegations shall be allocated the necessary additional financial and human resources to cover the overhead and additional horizontal administrative workload.
Amendment 1914
Proposal for a directive
Directive (EU) 2015/637
Article 13 – paragraph 2 – subparagraph 1 – introductory part
Text proposed by the CommissionCouncil
Amendment
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:
Joint consular contingency frameworks shall include matters relevant to unrepresented Union citizens and necessary to facilitate their protection, which may encompass:
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, and contain:
Joint consular contingency frameworks shall include matters relevant to unrepresented Union citizens and necessary to facilitate their protection, which will encompass:
Amendment 2015
Proposal for a directive
Directive (EU) 2015/637
Article 13 – paragraph 12 – pointsubparagraph a2
Text proposed by the CommissionCouncil
Amendment
(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;
The joint contingency framework shall be updated when necessary in order to facilitate the protection of unrepresented Union citizens.
(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 and health risks, and natural disasters;
The joint contingency framework shall be updated annually or more frequently where the situation requires in order to facilitate the protection of unrepresented Union citizens.
Amendment 2116
Proposal for a directive
Directive (EU) 2015/637
Article 13 – paragraph 23 – subparagraph 1
Text proposed by the CommissionCouncil
Amendment
(2) Where present,present and when it is necessary to facilitate the protection of unrepresented Union citizens, Union delegations shall coordinate the setting up and agreementupdate of joint consular contingency plans,frameworks, 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 plansframeworks shall be made available to all Member States, the EEAS and the Commission services.
(2) Where present,present and when it is necessary to facilitate the protection of unrepresented Union citizens, Union delegations shall coordinate the setting up and agreementupdate of joint consular contingency plans,frameworks, 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. This might include, when necessary, the cooperation with third countries and international organisations. Joint consular contingency plansframeworks shall be made available to all Member States, the European Parliament, the EEAS and the Commission services.
Amendment 2217
Proposal for a directive
Directive (EU) 2015/637
Article 13 – paragraph 53 a– (new)subparagraph 2
Text proposed by the CommissionCouncil
Amendment
(5a) Member States shall enhance situational awareness with Union Delegations in third countries, including by regularly sharing risk assesments updates and possible threats to the security of EU citizens, and by exchanging information on their travel advice.
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.
Amendment 23
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(2), supported by the EEAS.
Amendment 18
Proposal for a directive
Directive (EU) 2015/637
Article 13 – paragraph 5 b (new)
Text proposed by the CommissionCouncil
Amendment
(5b) 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.
5. The EEAS shall support the exchange of information between Member States on crisis situations, including changes to their travel advice to citizens.
Amendment 24
5. The EEAS shall support the exchange of up-to-date information between Member States on crisis situations, including changes to their travel advice to citizens.
Amendment 19
Proposal for a directive
Article 1 – paragraph 1 – point 54
Directive (EU) 2015/637
Article 13a13 – paragraph 25 a (new)
Text proposed by the CommissionCouncil
Amendment
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.
5a. The EEAS, in close cooperation with Member States, shall provide consular crisis preparedness and response training to Union officials.
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. The EEAS and the Commission shall support the preparedness of those experts and of the joint consular teams.
Amendment 20
Amendment 25
Proposal for a directive
Directive (EU) 2015/637
Article 13a – paragraph 4title
Text proposed by the CommissionCouncil
Amendment
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 and, via the Emergency Response Coordination Centre established by Article 7 of Decision No 1313/2013/EU, the Union Civil Protection Mechanism.
4. When providing assistance, Member States may be supported from Union instruments such as the crisis management structures of the EEAS and its Crisis Response Centre. Member States may also involve the Emergency Response Coordination Centre established by Article 7 of Decision No 1313/2013/EU, the Union Civil Protection Mechanism and, if appropriate, EU missions and operations under the framework of the Common Security and Defence Policy and the EU Rapid Deployment Capacity as provided for in the ‘Strategic Compass for Security and Defence’.
Amendment 26
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Chapter 2a – article 13b – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
1. At least once per year, Member States shall provide the Commission and the High Representative of the Union for Foreign Affairs and Security Policy with the following information:
1. At least once per year, Member States shall provide the EEAS and the Commission with the following information:
Amendment 27
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Chapter 2 a – Article 13 b – paragraph 2
Text proposed by the Commission
Amendment
2. Member States, the Commission services and the EEAS shall make the information referred to in paragraph 1, points (a), (b) and (c), publicly available in a manner that ensures the coherence of the information provided.
2. Member States, the Commission services and the EEAS shall make the information referred to in paragraph 1, points (a), (b), (c) and (d), publicly available in a manner that ensures the coherence of the information provided.
Amendment 28
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Chapter 2a – article 13c – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
1. Member States shall take measures to inform their citizens of their right set out in Article 20(2), point (c), TFEU. This may include in particular the following measures:
Crisis response
1. Member States shall take measures to inform their citizens of their right set out in Article 20(2), point (c), TFEU in particular by:
Emergency and crisis response
Amendment 2921
Proposal for a directive
Article 1 – paragraph 1 – point 65
Directive (EU) 2015/637
Chapter 2a – articleArticle 13c13a – paragraph 1 – introductory part – point a
Text proposed by the CommissionCouncil
Amendment
(a) reproducing the first sentence of Article 23 TFEU on national passports;
1. In the event of a crisis, the Union and Member States shall closely cooperate to ensure efficient assistance for unrepresented Union citizens. They shall, where possible, inform each other of available evacuation capacities in a timely manner.
deleted
1. In the event of a crisis, the Union and Member States shall closely cooperate to ensure efficient and timely assistance for unrepresented Union citizens. They shall inform each other of all available evacuation capacities in a timely manner, particularly in case of operations using military assets.
Amendment 3022
Proposal for a directive
Directive (EU) 2015/637
Chapter 2a – articleArticle 13c13b – paragraph 1 –1– introductory part – point c a (new)
Text proposed by the CommissionCouncil
Amendment
(ca) 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 warning messages in the event of a crisis;
Member States shall, upon request, provide the Commission and the High Representative of the Union for Foreign Affairs and Security Policy with the following information:
Amendment 31
Member States shall provide the EEAS at least once a year, and more frequently if necessary, with the following information:
Amendment 23
Proposal for a directive
Directive (EU) 2015/637
Chapter 2a – articleArticle 13c – paragraph 1 – introductory part – point c b (new)
Text proposed by the CommissionCouncil
Amendment
(cb) In addition, Member States shall reproduce the first sentence of Article 23 TFEU on national passports.
Amendment 32
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/637
Article 14 – paragraph 2 – subparagraph 1
Text proposed by the Commission
Amendment
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 four weeks have passed since the assistance was provided.
1. Member States shall take appropriate measures to inform their citizens of their right set out in Article 20(2), point (c), TFEU,
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 three months have passed since the assistance was provided.
1. Member States shall take appropriate measures to inform their citizens of their right set out in Article 20(2), point (c), TFEU, in particular by:
Amendment 33
a) including information on the right to consular protection in travel advice and campaigns relating to consular protection;
b) cooperating on information campaigns with passenger transport service providers and transport hubs offering travel to third countries;
c) developing digital platforms, including mobile applications, through which EU citizens have quick and easy access to consular protection information and contact channels at any time;
d) developing automatic notification systems, such as short message systems via telephone networks, to provide all EU citizens with contextualised information on their rights and how to exercise them upon arrival to third countries, as well as real-time warning messages and recommendations in the event of a crisis;
In addition, Member States shall reproduce the first sentence of Article 23 TFEU on national passports.
Amendment 24
Proposal for a directive
Directive (EU) 2015/637
Article 14 – paragraph 65 – subparagraph 1
Text proposed by the CommissionCouncil
Amendment
6. The Commission may adopt implementing acts establishing standard forms 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).
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 34
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16a – paragraph 6
Text proposed by the Commission
Amendment
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.
When the consular protection provided to an unrepresented citizen in the situations referred to in Article 9, points (a) to (c), involves unusually high but essential and justified costs related to travel, accommodation or translation for the diplomatic or consular authorities, the assisting Member State shall, in the context of the consultation provided for in Article 10(2), inform the Member State of nationality of the unrepresented citizen of such possible costs and may, within 12 months of the assistance provided, ask for their reimbursement directly from the Member State of nationality.
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.
When the consular protection provided to an unrepresented citizen in the situations referred to in Article 9, points (a) to (e), involves unusually high but essential and justified costs related to travel, accommodation or translation for the diplomatic or consular authorities, the assisting Member State shall, in the context of the consultation provided for in Article 10(2), inform the Member State of nationality of the unrepresented citizen of such possible costs and may, within 12 months of the assistance provided, ask for their reimbursement directly from the Member State of nationality of the unrepresented citizen.
Amendment 3525
Proposal for a directive
Article 16a – paragraph 7 – subparagraph 1
Text proposed by the CommissionCouncil
Amendment
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.
For the purposes of this Directive, the competent authorities of the Member States shallmay transfer personal data to a third countrycountry, provided that it offers sufficient guarantees of protection and legal safeguards that sufficiently protects the right to privacy and other fundamental rights, 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 3626
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16b – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
Member States shall ensure that unrepresented citizens have an effective remedy under national law in the event of a breach of their rights under this Directive.
Member States shall ensure that unrepresented citizens have an effective access to complaint mechanisms and remedies under national law in the event of a breach of their rights under this Directive.
Amendment 37
Proposal for a directive
Article 19 – paragraph 3 – subparagraph 1
Text proposed by the CommissionCouncil
Amendment
3. No sooner than [eight years after the transposition deadline of the amending Directive], the Commission shall carry out an evaluation of this Directive and present a report on the main findings to the European Parliament and the Council.
3. By [four[five years after the transposition deadline of the amending Directive] and every four years thereafter,Directive], the Commission shall carry out an evaluation of the transposition and application of this Directive and present a report on the main findings to the European Parliament and the Council, including possible breaches of the rights under this Directive. Further evaluations shall be carried out thereafter at appropriate intervals with a view to ensuring that this Directive remains up to date and addresses emerging needs and evolving situations.
ANNEX: List of entitiesDECLARATION orOF personsINPUT
from whom the rapporteur has received input
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for opinion declares that he included in his opinion input on matters pertaining to the subject of the file that he received, in the preparation of the opinion, prior to the adoption thereof in committee, from the following interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from the following representatives of public authorities of third countries, including their diplomatic missions and embassies:
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:
1. Interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register
Entity and/or person
The European External Action Service (EEAS)
European External Action Service
European Commission – DG JUST
European Commission
2. Representatives of public authorities of third countries, including their diplomatic missions and embassies
The list above is drawn up under the exclusive responsibility of the rapporteur.
None
The list above is drawn up under the exclusive responsibility of the rapporteur for opinion.
Where natural persons are identified in the list by their name, by their function or by both, the rapporteur for opinion declares that he has submitted to the natural persons concerned the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.
PROCEDURE – COMMITTEE ASKED FOR OPINION
References
05760/2026 – C10-0027/2026 – COM(2023)0930 – C9-0015/2024 – 2023/0441(CNS)
CommitteeCommittee(s) responsible
Date announced in plenary
LIBE
14.3.2024
9.3.2026
Opinion by
AFET
14.3.2024
9.3.2026
Rapporteur for the opinion
Date appointed
Nacho Sánchez Amor
20.2.2024
8.4.2026
Discussed in committee
22.2.2024
Date adopted
20.3.2024
5.5.2026
Result of final vote
0:
43
52
3
21
4
0
MembersFINAL presentVOTE forBY theROLL finalCALL voteBY THE COMMITTEE ASKED FOR OPINION
Alviina Alametsä, Alexander Alexandrov Yordanov, Maria Arena, Traian Băsescu, Krzysztof Brejza, Reinhard Bütikofer, Susanna Ceccardi, Włodzimierz Cimoszewicz, Katalin Cseh, Michael Gahler, Kinga Gál, Bernard Guetta, Andrius Kubilius, David Lega, Nathalie Loiseau, Leopoldo López Gil, Lukas Mandl, Thierry Mariani, David McAllister, Vangelis Meimarakis, Sven Mikser, Alessandra Moretti, Matjaž Nemec, Demetris Papadakis, Tonino Picula, Thijs Reuten, Nacho Sánchez Amor, Isabel Santos, Jordi Solé, Tineke Strik, Dominik Tarczyński, Hermann Tertsch, Idoia Villanueva Ruiz, Thomas Waitz, Isabel Wiseler-Lima, Tomáš Zdechovský, Željana Zovko
Substitutes present for the final vote
Udo Bullmann, Michael Kauch, Andrey Kovatchev, Georgios Kyrtsos, Juozas Olekas, Nikos Papandreou, María Soraya Rodríguez Ramos, Mick Wallace, Javier Zarzalejos
Substitutes under Rule 209(7) present for the final vote
Theresa Bielowski, Sylvie Guillaume, Andrey Novakov, Juan Ignacio Zoido Álvarez
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
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