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

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

A-9-2024-0178

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Loránt Vincze

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Parliament's amended version of the Commission proposal for a Council directive amending Directive (EU) 2015/637 on consular protection for unrepresented Union citizens and Directive (EU) 2019/997 on the EU Emergency Travel Document. It extends consular protection to recognised refugees, stateless persons and other legally entitled persons, and sets a 48-hour limit for reaching a Member State's embassy or consulate. It requires joint consular contingency plans, early warning systems, crisis training, and information sharing among Member States and the EEAS. It changes reimbursement rules: citizens may repay directly, sign an undertaking to repay after three months, and Member States may waive costs. It requires Member States to raise awareness of consular protection rights, including by reproducing Article 23 TFEU on passports and using digital notification systems. It strengthens data protection safeguards and requires an evaluation of the Directive no later than five years after the transposition deadline.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs approves the Commission proposal as amended and calls on the Commission to alter its proposal accordingly, on the Council to notify Parliament if it departs from the approved text, and to consult Parliament again if it substantially amends the proposal.

Key points

  1. Extends consular protection under Directive (EU) 2015/637 to recognised refugees, stateless persons and other persons legally entitled to a Member State's consular protection.
  2. Sets a maximum of 48 hours for a citizen to safely reach or be reached by their Member State's embassy or consulate; otherwise they are considered unrepresented.
  3. Requires Member States to take an intersectional approach to vulnerable groups, including unaccompanied minors, victims of forced marriage, pregnant women, elderly people and persons with disabilities.
  4. Requires joint consular contingency plans for each third country, updated annually or more frequently in extraordinary circumstances, covering risk assessments and coordination with third countries and international organisations.
  5. Requires Member States and Union delegations to deploy Early Warning Systems using data analytics, risk assessments and intelligence sharing to detect potential crises.
  6. Requires Member States to take proactive measures to ensure citizens register their travels or residence in third countries, especially in countries not considered fully safe.
  7. Requires the EEAS to provide consular crisis preparedness, simulation and response training to Union officials and Member States' diplomatic and consular staff.
  8. Allows Member States to be supported by joint consular teams for rapid deployment, with participation voluntary, and by Union instruments including the Crisis Response Centre and the Union Civil Protection Mechanism.
  9. Requires Member States to take special measures to protect children's right to consular protection, with the child's best interest as primary consideration.
  10. Requires Member States to provide information to the EEAS and Commission once every six months, and to make it publicly available in a coherent manner.
  11. Requires Member States to inform citizens of their consular protection rights, including by reproducing the first sentence of Article 23 TFEU on passports and using digital notification systems such as SMS.
  12. Allows unrepresented citizens to sign an undertaking to repay costs after three months, requires standard forms available in all Member State languages, and strengthens data protection safeguards.

Who is affected

  • Unrepresented Union citizens in third countries, who gain clearer eligibility criteria and a 48-hour threshold for protection.
  • Recognised refugees, stateless persons and other legally entitled persons, who become entitled to consular protection under the same conditions.
  • Member States, which must set up contingency plans, share information, train staff and raise awareness of consular rights.
  • The EEAS and Union delegations, which must coordinate plans, provide training and receive necessary financial and human resources.
  • Vulnerable groups including children, unaccompanied minors, victims of forced marriage, pregnant women, elderly people and persons with disabilities.

Figures and deadlines

  • 48 hours: maximum period for a citizen to safely reach or be reached by their Member State's embassy or consulate.
  • three months: period after assistance provided before the assisting Member State may ask for reimbursement under an undertaking to repay.
  • once every six months: frequency for Member States to provide information to the EEAS and Commission.
  • five years after the transposition deadline: deadline for the Commission to evaluate the Directive and report to Parliament and the Council.

Legal basis: Article 23(2) of the Treaty on the Functioning of the European Union.