Sittings · Compare
What changed
Proposal for a directive
Recital 243
Text proposed by the Commission
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.
(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. 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.
(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 should build up its capacity to respond to these ongoing multiplying crises, address any shortcomings, and enhance its preparedness, information-gathering and decision-making capacity ahead of and during any 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.
(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 18 months for the Member State of nationality is necessary. 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.
Or. fr
Justification
A retention period of 24 months seems too long given the sensitive nature of the data concerned and the other time limits laid down in the directive.
Amendment 2
Proposal for a directive
Recital 4
Article 1 – point 4
Text proposed by the Commission
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.
(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, proximity and safety should remain key considerations.
Amendment 3
Proposal for a directive
Recital 5
Text proposed by the Commission
Amendment
(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. 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.
(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 not in any case exceed 48 hours. For example, the need for an EU Emergency Travel Document as a result of the loss of travel documents should 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 4
Proposal for a directive
Recital 10
Text proposed by the Commission
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.
(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. Such cooperation may include, inter alia, the exchange of information, logistical and administrative coordination, or the facilitation of communication between the parties concerned.
Amendment 5
Proposal for a directive
Recital 14
Text proposed by the Commission
Amendment
(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.
(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 6
Proposal for a directive
Recital 19
Text proposed by the Commission
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.
(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, rapid response mechanisms 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 7
Proposal for a directive
Recital 21
Text proposed by the Commission
Amendment
(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 at local level in case of a crisis, with a specific attention to the consular protection of unrepresented citizens.
(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 swift and effective procedures and activities to be carried out at local level in case of a crisis, with specific attention being awarded to the consular protection of unrepresented citizens.
Amendment 8
Proposal for a directive
Recital 23
Text proposed by the Commission
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.
(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 extraordinary circumstances or instability so require – 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 complementary initiative that may also help to coordinate the efforts of the represented Member States.
Amendment 9
Proposal for a directive
Recital 25
Text proposed by the Commission
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.
(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 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 of using information and communication technology and systems to provide travellers with travel advice in a more efficient and accessible way. 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 10
Proposal for a directive
Recital 26
Text proposed by the Commission
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.
(26) Efficient coordination is vital to ensure effective crisis response. To ensure such coordination, Member States have to be supported by and receive timely information from 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, first-hand and relevant information, on available evacuation capacity for instance, should be shared in a timely manner to enable a rapid and effective response, including in case of rescue and evacuation operations using military assets. In this regard, the EEAS should be able to continuously receive up-to-date information from the Member States on the situation in third countries.
Amendment 11
Proposal for a directive
Recital 28
Text proposed by the Commission
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.
(28) 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, visibility of the coordinated Union response and openness to relevant third countries.
Amendment 12
Proposal for a directive
Recital 30
Text proposed by the Commission
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.
(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 should, in close coordination with the Member States, disseminate 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 13
Proposal for a directive
Recital 30 a (new)
Text proposed by the Commission
Amendment
(30a) Member States and the relevant EU bodies should ensure that consular protection information provided to EU citizens on digital platforms, including mobile applications, is up-to-date, reliable, transparent and accessible. In this sense, a broadcast service should be set up in order for EU citizens to receive contextualised messages relating to their rights, how to exercise them when they arrive in third countries, and instant notifications in the event of a crisis. Additionally, a revised and improved joint EU consular protection portal should be considered, which would contain all the key information, instructions on what to do in an emergency, and the contact details of the relevant EU delegations and Member State consulates in third countries.
Amendment 14
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.
(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, the 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 should 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.
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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).
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).
Amendment 15
Proposal for a directive
Recital 33
Text proposed by the Commission
Amendment
(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.
(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 16
Proposal for a directive
Recital 34 a (new)
Text proposed by the Commission
Amendment
(34a) Ongoing crises and conflicts across the globe and their fallout may result in a risk of Member States’ consular protection and/or assistance services being overrun, particularly in times of major crisis. The EEAS and Union Delegations, which have assumed an increasingly important role in this regard, play a pivotal coordinating function on the ground. In addition to the revenue from Member States’ reimbursements, an appropriate increase in the EEAS budget and headcount should be granted, to guarantee the proper execution of responsibilities in providing assistance and/or protection to EU citizens.
Amendment 17
Proposal for a directive
Recital 40
Text proposed by the Commission
Amendment
(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, 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.
(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, putting in place suitable and specific measures to safeguard the fundamental rights and 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 18
Proposal for a directive
Recital 41
Text proposed by the Commission
Amendment
(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.
(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 19
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 6 – paragraph 2 – point a
Text proposed by the Commission
Amendment
(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, taking into account the nature and urgency of the assistance requested and the means available to the citizen;
(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 20
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 6 – paragraph 2 – point b
Text proposed by the Commission
Amendment
(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, as operational and accessible;
(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 21
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 7 – paragraph 4 a (new)
Text proposed by the Commission
Amendment
4a. 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 22
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
(b) facilitating, together with the EEAS headquarters, the exchange of information between Member States’ embassies and consulates;
Amendment 23
Or. fr
Justification
This mention of the role of the EEAS headquarters exists in Article 11 of Directive 2015/637. It seems inappropriate to delete it.
Amendment 3
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
(c) facilitating, together with the EEAS headquarters, where appropriate, the exchange of information with local authorities, diplomatic and consular authorities of third countries and international organisations;
Amendment 24
Or. fr
Proposal for a directive
Justification
Article 1 – paragraph 1 – point 4
This mention of the role of the EEAS headquarters exists in Article 11 of Directive 2015/637. It seems inappropriate to delete it.
Directive (EU) 2015/637
Amendment 4
Article 11 – paragraph 2
Text proposed by the Commission
Amendment
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.
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 25
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 1112 – paragraph 2 a– (new)point a
Text proposed by the Commission
Amendment
2a. Union delegations and the EEAS shall be allocated the necessary additional financial and human resources to cover the overheads and additional horizontal administrative workload.
(a) the security and safety of Union citizens and on other matters relevant to them;
Amendment 26
(a) the security of persons and property and the safety of Union citizens and on other matters relevant to them, such as respect for their human dignity and the prevention of possible discrimination based on their nationality or their European citizenship;
Or. fr
Justification
Point (a) as proposed by the Commission is too vague.
Amendment 5
Proposal for a directive
Unless otherwise agreed by the consular authorities of the Member States, the Chair shall be a representative of the Union delegation. Where no Union delegation is present, meetings shall be chaired by a representative of a Member State.
The Chair shall be a representative of a Member State, acting in close cooperation with the Union delegation, or by a representative of the Union delegation, where expressly agreed by the consular authorities of the Member States. Where no Union delegation is present, meetings shall be chaired by a representative of a Member State.
Amendment 27
Or. fr
Proposal for a directive
Justification
Article 1 – paragraph 1 – point 4
The Commission’s wording diverges too far from Article 12 of Directive 2015/637, which provides only for the meetings to be chaired by a representative of a Member State.
Directive (EU) 2015/637
Amendment 6
Article 13 – paragraph 1
Text proposed by the Commission
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:
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 instability, and contain:
Amendment 28
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 1 – point a a (new)
Text proposed by the Commission
Amendment
(aa) an estimate and overview of the available evacuation capacities;
Amendment 29
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 2
Text proposed by the Commission
Amendment
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. Joint consular contingency plans shall be made available to all Member States, the EEAS and the Commission services.
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 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 30
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 3 a (new)
Text proposed by the Commission
Amendment
3a. Member States and Union delegations shall cooperate to deploy 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 utilise data analysis, risk assessments and intelligence-sharing to provide early indicators of emerging threats, thereby enhancing the effectiveness of crisis preparedness and response efforts.
Amendment 31
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 4
Text proposed by the Commission
Amendment
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.
4. Member States shall, in accordance with national law, take proactive measures in order to ensure that their citizens register with or inform competent national authorities, by appropriate means and tools, of their travels to or residence in third countries, in particular when the third countries in question are not considered fully safe.
Amendment 32
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 5
Text proposed by the Commission
Amendment
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.’;
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. The Commission services and the EEAS shall make the travel advice referred to in the first subparagraph of this paragraph publicly available in a manner that ensures the consistency of the information provided. The Member States shall inform each other every time they become aware of increased security risks.’;
Amendment 33
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 5 b (new)
Text proposed by the Commission
Amendment
5b. The EEAS, in close cooperation with the 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 34
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/637
Article 13 a – paragraph 1
Text proposed by the Commission
Amendment
1. In the event of a crisis, the Union and Member States shall closely cooperate to ensure efficient assistance for unrepresented citizens. They shall, where possible, inform each other of available evacuation capacities in a timely manner, including in case of operations using military assets.
1. In the event of a crisis, the Union and Member States shall promptly and closely cooperate to ensure timely and efficient assistance for unrepresented citizens. They shall, where possible, inform each other of available evacuation capacities without undue delay, including in case of operations using military assets.
Amendment 35
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/637
Article 13 a – paragraph 4
Text proposed by the Commission
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 receive support 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 36
Proposal for a directive
Article 1 – paragraph 1 – point 64
Directive (EU) 2015/637
Article 13 b – paragraph 1 – point e
Text proposed by the Commission
Amendment
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:
(e) other relevant information.
Once every six months, Member States shall provide the Commission and the High Representative of the Union for Foreign Affairs and Security Policy with the following information:
(e) other relevant information, such as an estimate of available evacuation capacities.
Amendment 37
Or. fr
Justification
Article 13 of Directive 2015/637 refers to this estimate of ‘available evacuation capacities’, which it seems useful to keep irrespective of its inclusion in Article 13a.
Amendment 7
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13 b13b – paragraph 23
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 38
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/367
Article 13 c – paragraph 1 – point -a (new)
Text proposed by the Commission
Amendment
(-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 in a third country, as well as alerts during crisis situations.
3. Where requested by the Commission, Member States shall provide the information referred to in paragraph 1 in a machine-readable format.
Amendment 39
3. Where requested by the Commission, Member States shall provide to it the information referred to in paragraph 1 in a machine-readable format.
Or. fr
Justification
This information has to be provided only to the Commission, in order to comply with the restriction laid down in paragraph 2.
Amendment 8
Proposal for a directive
Article 1 – paragraph 1 – point 76
Directive (EU) 2015/637
Article 1413b – paragraph 64
Text proposed by the Commission
Amendment
6.4. The Commission may adopt implementing acts establishing standardthe formsspecific tomachine-readable beformat usedin forwhich the undertaking to repayinformation referred to in paragraph 2 and for the repayment of the costs from the Member State of nationality1 referredis to in paragraphbe 3.provided. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15a(2).
6.4. The Commission may adopt implementing acts establishing standard forms, available in all Member Statethe languages,specific tomachine-readable beformat usedin forwhich the undertaking to repayinformation referred to in paragraph 2 and for the repayment of the costs from the Member1 Stateis ofto nationalitybe referredprovided to in paragraph 3.it. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15a(2).
Amendment 40
Or. fr
Justification
This information has to be provided only to the Commission, in order to comply with the restriction laid down in paragraph 2.
Amendment 9
Proposal for a directive
Article 1 – paragraph 1 – point 98
Directive (EU) 2015/637
Article 16 a15a – paragraph 1 – point f a (new)
Text proposed by the Commission
Amendment
(fa) ensure compliance with the provisions of Article 13(4) regarding the registration and notification of citizens’ travels to or residence in third countries, as called for in the opinion of the European Data Protection Service, and provide the information and alerts referred to in point (-a) of Article 13c(1).
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council*.
Amendment 41
1. The Commission shall be assisted by a committee chaired by one of its representatives and composed of representatives of the Member States. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council*.
Or. fr
Justification
This clarification is essential to ensure citizens are better informed.
Amendment 10
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16 a16a – paragraph 4
Text proposed by the Commission
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 42
Or. fr
Proposal for a directive
Justification
Article 1 – paragraph 1 – point 9
The wording of paragraph 4 should be aligned with the wording in paragraph 5.
Directive (EU) 2015/637
Amendment 11
Article 16 a – paragraph 5
Text proposed by the Commission
Amendment
5. The competent authorities of the Member States and Union institutions and bodies may process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, data concerning sex life or sexual orientation or personal data relating to criminal convictions and offences of a person in need of consular protection where doing so is strictly necessary to be able to carry out the tasks referred to in Article 9, Article 10, Article 11 and Article 13a in relation to that person.
5. The competent authorities of the Member States and Union institutions and bodies may process personal data, making sure that suitable and specific measures are taken to safeguard the fundamental rights and interests of the data subject, when such data reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, data concerning sex life or sexual orientation or personal data relating to criminal convictions and offences of a person in need of consular protection where doing so is strictly necessary to be able to carry out the tasks referred to in Article 9, Article 10, Article 11 and Article 13a in relation to that person.
Amendment 43
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16 a – 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.
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 on authorised personnel only.
Amendment 44
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16 a16a – paragraph 7 – subparagraph 28
Text proposed by the Commission
Amendment
For8. The assisting Member State, the purposesMember State of thisnationality Directive,and, where applicable, Union institutions and bodies shall transferretain the personal data toof aan thirdassisted countryperson oronly internationalfor organisationas onlylong as necessary to carry out the tasks referred to in Articleparagraphs 10(1),1 Articleand 112. In no case shall that personal data be retained longer than 12 months by the assisting Member State and ArticleUnion 13ainstitutions and bodies, or longer than 24 months by the Member State of nationality, from the date of collection. Contact details exchanged in accordance with ChapterArticle V10(4) ofand RegulationArticle (EU)13b(1) 2018/1725.shall only be retained for as long as the persons exercise the relevant function.
For8. The assisting Member State, the purposesMember State of thisnationality Directive,and, where applicable, Union institutions and bodies shall transferretain the personal data toof aan thirdassisted countryperson oronly internationalfor organisationas onlylong as necessary to carry out the tasks referred to in Articleparagraphs 10(1),1 Articleand 112. In no case shall that personal data be retained longer than 12 months by the assisting Member State and ArticleUnion 13ainstitutions and inbodies, accordanceor withlonger Chapterthan V18 months by the Member State of Regulationnationality, (EU)from 2018/1725.the Personaldate dataof referredcollection. toContact details exchanged in paragraphaccordance 5with shallArticle be10(4) excludedand fromArticle such13b(1) transfer,shall unlessonly thebe EUretained datafor subjectas giveslong theiras explicitthe priorpersons consent.exercise the relevant function.
Amendment 45
The personal data shall be erased as soon as possible after the tasks referred to in paragraph 1 or 2 have been completed and at the latest upon the expiry of the retention periods referred to in the first subparagraph.
The personal data shall be erased as soon as possible after the tasks referred to in paragraph 1 or 2 have been completed and at the latest upon the expiry of the retention periods referred to in the first subparagraph.
Or. fr
Justification
A retention period of 24 months seems too long given the sensitive nature of the data concerned and the other time limits laid down in the directive.
Amendment 12
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16 b – paragraph 1
Article 16b
Text proposed by the Commission
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 access toan effective remedies and complaint mechanismsremedy under national law in the event of a breach of their rights under this Directive. If that remedy is not a judicial remedy, it must be possible to appeal the decision of the non-judicial body before a court or an independent body.
Amendment 46
Or. fr
Justification
Only an appeal to an independent body fully ensures that the rights conferred by this Directive are upheld.
Amendment 13
Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive (EU) 2015/637
Amendment
in Article 19, the following paragraph 3 is added:
in Article 19, the following paragraph 3 is added:
‘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. No sooner than [fourfive years and no later than seven 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.Council.
ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
Member States shall provide the Commission with the information necessary for the preparation of that report.’;
The rapporteur declares under his exclusive responsibility that he did not receive input from any entity or person to be mentioned in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.
Member States shall provide the Commission with the information necessary for the preparation of that report.’;
PROCEDURE – COMMITTEE ASKED FOR OPINION
Or. fr
Title
Justification
Coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries
The proposed eight-year period is far too long.
References
COM(2023)0930 – C9-0015/2024 – 2023/0441(CNS)
Committee responsible
Date announced in plenary
LIBE
14.3.2024
Opinion by
Date announced in plenary
JURI
14.3.2024
Rapporteur for the opinion
Date appointed
Gilles Lebreton
13.2.2024
Discussed in committee
19.3.2024
Date adopted
8.4.2024
Result of final vote
+:
–:
0:
10
0
3
Members present for the final vote
Gilles Lebreton, Maria-Manuel Leitão-Marques, Karen Melchior, Sabrina Pignedoli, Adrián Vázquez Lázara, Axel Voss, Marion Walsmann, Javier Zarzalejos
Substitutes present for the final vote
Patrick Breyer, Daniel Buda, Pascal Durand, Emil Radev, Nacho Sánchez Amor
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
Key: