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From · report parliamentary committee draft · 2024-03-05 LIBE-PR-759050 on the proposal for a Council directive amending Directive (EU) 2015/637 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries and Directive (EU) 2019/997 establishing an EU Emergency Travel Document

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To · opinion parliamentary committee draft · 2024-02-21 AFET-PA-758853 on the proposal for a Council directive amending Directive (EU) 2015/637 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries and Directive (EU) 2019/997 establishing an EU Emergency Travel Document

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SHORT JUSTIFICATION

* Consultation procedure

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.

*** Consent procedure

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.

***I Ordinary legislative procedure (first reading)

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.

***II Ordinary legislative procedure (second reading)

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.

***III Ordinary legislative procedure (third reading)

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.

~~(The type of procedure depends on the legal basis proposed by the draft act.)~~

AMENDMENTS

~~Amendments to a draft act~~

The Committee on Foreign Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to take the following into account:

~~Amendments by Parliament set out in two columns~~

~~Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.~~

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

~~Amendments by Parliament in the form of a consolidated text~~

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.

~~By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.~~

~~DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION~~

on the proposal for a Council directive amending Directive (EU) 2015/637 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries and Directive (EU) 2019/997 establishing an EU Emergency Travel Document

~~(COM(2023)0930 – C90015/2024 – 2023/0441(CNS))~~

~~(Special legislative procedure – consultation)~~

~~– having regard to the Commission proposal to the Council (COM(2023)0930),~~

~~– having regard to Article 23 paragraph 2 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C90015/2024),~~

~~– having regard to Rule 82 of its Rules of Procedure,~~

~~– having regard to the opinions of the Committee on Foreign Affairsand the Committee on Legal Affairs,~~

~~– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A90000/2024),~~

~~1. Approves the Commission proposal as amended;~~

~~2. Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;~~

~~3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;~~

~~4. Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;~~

~~5. Instructs its President to forward its position to the Council, the Commission and the national parliaments.~~

Amendment 1

Proposal for a directive

~~Recital 4~~

Recital 24 a (new)

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.

(24a) Member States shall ensure that the information to citizens concerning consular protection is easily accessible and up-to-date. In this sense, EU citizens should received broadcasted and contextualised messages related to their rights and how to exercise them through instant notifications when they are in third countries, especially in moments of crisis.

(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 proximity and safety should remain important considerations.

Or. en

Proposal for a directive

Recital 526

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..

(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.

(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 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.

(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, 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.

Or. en

Proposal for a directive

Recital 3034 a (new)

Text proposed by the Commission

Amendment

(30a) Member States should ensure that citizens have easy access to up-to date information regarding consular protection. In this regard, EU citizens should receive prompt notifications regarding their rights and procedures for exercising them while in third countries, particularly during crisis situations.

(34a) An appropiate increase of the EEAS budget 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.

Or. en

Proposal for a directive

~~Recital 31~~

Article 1 – paragraph 1 – point 4

Directive (EU) 2015/637

Article 11 – paragraph 2 a (new)

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) 5841 . 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..

(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.

(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) 5841 . 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.

Or. en

Proposal for a directive

~~Recital 41~~

Article 1 – paragraph 1 – point 4

Directive (EU) 2015/637

Article 13 – paragraph 4 a (new)

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.

(4a) 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.

(41) When processing such special categories of personal data, the competent authorities of the Member States and Union institutions and bodies should ensure suitable and specific measures to safeguard data subjects’ interests and rights. This should include, where possible, encrypting such personal data and specific attribution of access rights for personnel who have access to the specified types of special categories of personal data.

Or. en

Proposal for a directive

Article 111 – paragraph 21 – point 4

Directive (EU) 2015/637

Article 13 – paragraph 5 a (new)

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.

(5a) The EEAS, in close cooperation with Member States, shall provide consular crisis preparedness and response training to Union officials and Member States’ diplomatic and consular staff.

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..

Or. en

Proposal for a directive

Article 131 – paragraph 31 a– ~~(new)~~point 5

Directive (EU) 2015/637

Article 13a – paragraph 2

Text proposed by the Commission

Amendment

3a. Member States and Union delegations shall collaborate in the deployment of Early Warning Systems to enable the timely detection of potential crises or hazards, such as natural disasters, political unrest, or health emergencies, in the third country concerned. These systems shall utilize data analytics, risk assessments, and intelligence sharing to provide early indicators of emerging threats, thereby enhancing the effectiveness of crisis preparedness and response efforts.

2. Where necessary, Member States may be supported by joint consular teams composed of experts from Member States, in particular from Member States not represented in the third country affected by the crisis, the EEAS and the Commission services. Joint consular teams shall be available for rapid deployment to third countries affected by a consular crisis. Participation in joint consular teams shall be voluntary.

Or. en

Proposal for a directive

Article 131 – paragraph 41 – point 5

Directive (EU) 2015/637

Article 13a – 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. 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. 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 thirds countries in question are not considered fully safe.

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 appropiate, EU missions and operations under the framework of the Common Security and Defence Policy.

Or. en

Proposal for a directive

Article 131 – paragraph 51 – 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:

5. Member States shall exchange information on changes to their travel advice to citizens at an early stage, in particular in the context of crisis situations, and shall seek to ensure consistency in the level of travel advice given.’ Member States should always inform each-other every time they become aware of increased security risks.

1. At least once per year, Member States shall provide the EEAS and the Commission with the following information:

Or. en

Proposal for a directive

Article ~~13b~~1 – paragraph 1 – point 6

Directive (EU) 2015/637

Chapter 2a – article 13c – 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. 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:

~~1. 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:~~

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:

~~(a) up-to-date lists of contacts for their consular networks;~~

~~(b) lists of third countries where they are represented by another Member State or where they represent another Member State on a permanent basis in accordance with Article 7(2);~~

~~(c) practical arrangements concluded pursuant to Article 7(2);~~

~~(d) the number of unrepresented citizens having been provided consular protection referred to in Article 2 during the previous year, broken down by nationality and third country;~~

~~(e) the number of reimbursement requests submitted and received pursuant to Articles 14 and 15 during the previous year.~~

Where a Member State has decided, pursuant to Article 2(2), to apply this Directive to the consular protection provided by honorary consuls, the list referred to in point (a) shall include honorary consuls as well as information on the extent to which honorary consuls are competent to provide protection in a given case, in particular whether they are empowered to issue EU Emergency Travel Documents.

Or. en

Proposal for a directive

Article ~~13c~~1 – paragraph 1 – point ~~d(new)~~6

Directive (EU) 2015/637

Chapter 2a – article 13c – paragraph 1 – introductory part – point a

Text proposed by the Commission

Amendment

(d) implementing digital technologies and automated notification systems, such as SMS via telephone networks, to provide EU citizens with essential contact details for consular protection upon entering a third country, as well as alert messages during crisis situations.

(a) reproducing the first sentence of Article 23 TFEU on national passports;

deleted

Or. en

Proposal for a directive

Article ~~16a~~1 – paragraph 1 – point ~~g(new)~~6

Directive (EU) 2015/637

Chapter 2a – article 13c – paragraph 1 – introductory part – point c (new)

Text proposed by the Commission

Amendment

~~(g) ensure compliance with the provisions of Article 13(4) regarding the registration and notification of citizens' travels to or residence in third countries.~~

(c) 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;

In addition, Member States may reproduce the first sentence of Article 23 TFEU on national passports.

Or. en

Proposal for a directive

Article ~~16a~~1 – paragraph 61 – point 9

Directive (EU) 2015/637

Article 16b – paragraph 1 – introductory part

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.

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.

6. When processing the personal data referred to in paragraph 5, the competent authorities of the Member States and Union institutions and bodies shall ensure suitable and specific measures to safeguard data subjects’ interests and rights. They shall also introduce internal policies and undertake necessary technical and organisational measures to prevent unauthorised access and transmission of such personal data.

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.

Or. en

Proposal for a directive

Article ~~16b~~1 – paragraph 1 – point 10

Directive (EU) 2015/637

Article 19 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

~~(10) 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.

~~(10) in Article 19, the following paragraph 3 is added:~~

3. By [five years after the transposition deadline of the amending Directive] and every five years thereafter, 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.

‘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 [five 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.

~~Member States shall provide the Commission with the information necessary for the preparation of that report.’;~~

Or. en