Sittings · Document

OPINION (COM(2023)930 – C100027/2026 – 2023/0441(CNS)) 2026-05-07

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

Committee on Foreign Affairs · Rapporteur: Nacho Sánchez Amor

PA_Legam

AMENDMENTS

The Committee on Foreign Affairs submits the following to the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible:

Amendment 1

Proposal for a directive

Recital 5 a (new)

Text proposed by Council

Amendment

(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 6

Text proposed by Council

Amendment

(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.

(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 7 a (new)

Text proposed by Council

Amendment

(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.

Amendment 4

Proposal for a directive

Recital 12

Text proposed by Council

Amendment

(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.

(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 13

Text proposed by Council

Amendment

(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.

(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 14 a (new)

Text proposed by Council

Amendment

(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.

Amendment 7

Proposal for a directive

Recital 16

Text proposed by Council

Amendment

(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.

(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 18 a (new)

Text proposed by Council

Amendment

(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.

Amendment 9

Proposal for a directive

Recital 19

Text proposed by Council

Amendment

(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.

(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.

_________________

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 22 a (new)

Text proposed by Council

Amendment

(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.

Amendment 11

Proposal for a directive

Recital 32

Text proposed by Council

Amendment

(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.

(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.

_________________

8 OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj.

Amendment 12

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive (EU) 2015/637

Article 7 – paragraph 4 a (new)

Text proposed by Council

Amendment

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 intersectional discrimination based on Article 21 of the Charter and case law.

Amendment 13

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive (EU) 2015/637

Article 11 – paragraph 2 a (new)

Text proposed by Council

Amendment

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 14

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive (EU) 2015/637

Article 13 – paragraph 2 – subparagraph 1 – introductory part

Text proposed by Council

Amendment

Joint consular contingency frameworks shall include matters relevant to unrepresented Union citizens and necessary to facilitate their protection, which may encompass:

Joint consular contingency frameworks shall include matters relevant to unrepresented Union citizens and necessary to facilitate their protection, which will encompass:

Amendment 15

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive (EU) 2015/637

Article 13 – paragraph 2 – subparagraph 2

Text proposed by Council

Amendment

The joint contingency framework shall be updated when necessary in order to facilitate the protection of unrepresented Union citizens.

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 16

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive (EU) 2015/637

Article 13 – paragraph 3 – subparagraph 1

Text proposed by Council

Amendment

Where present and when it is necessary to facilitate the protection of unrepresented Union citizens, Union delegations shall coordinate the setting up and update of joint consular contingency 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 frameworks shall be made available to all Member States, the EEAS and the Commission services.

Amendment 17

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive (EU) 2015/637

Article 13 – paragraph 3 – subparagraph 2

Text proposed by Council

Amendment

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.

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

Article 1 – paragraph 1 – point 4

Directive (EU) 2015/637

Article 13 – paragraph 5

Text proposed by Council

Amendment

5. The EEAS shall support the exchange of information between Member States on crisis situations, including changes to their travel advice to citizens.

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 4

Directive (EU) 2015/637

Article 13 – paragraph 5 a (new)

Text proposed by Council

Amendment

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

Amendment 20

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/637

Article 13a – title

Text proposed by Council

Amendment

Crisis response

Emergency and crisis response

Amendment 21

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/637

Article 13a – paragraph 1

Text proposed by Council

Amendment

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.

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 22

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2015/637

Article 13b – paragraph 1– introductory part

Text proposed by Council

Amendment

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:

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

Article 1 – paragraph 1 – point 6

Directive (EU) 2015/637

Article 13c – paragraph 1

Text proposed by Council

Amendment

1. Member States shall take appropriate measures to inform their citizens of their right set out in Article 20(2), point (c), TFEU,

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:

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

Article 1 – paragraph 1 – point 7

Directive (EU) 2015/637

Article 14 – paragraph 5 – subparagraph 1

Text proposed by Council

Amendment

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.

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 25

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive (EU) 2015/637

Article 16a – paragraph 7 – subparagraph 1

Text proposed by Council

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 may transfer personal data to a third country, 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.

Amendment 26

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2015/637

Article 19 – paragraph 3 – subparagraph 1

Text proposed by Council

Amendment

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.

By [five years after the transposition deadline of the amending 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: DECLARATION OF 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:

1. Interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register

The European External Action Service (EEAS)

European Commission – DG JUST

2. Representatives of public authorities of third countries, including their diplomatic missions and embassies

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

Title

Measures to facilitate consular protection for unrepresented citizens of the Union in third countries

References

05760/2026 – C10-0027/2026 – COM(2023)0930 – C9-0015/2024 – 2023/0441(CNS)

Committee(s) responsible

Date announced in plenary

LIBE

9.3.2026

Opinion by

Date announced in plenary

AFET

9.3.2026

Rapporteur for opinion

Date appointed

Nacho Sánchez Amor

8.4.2026

Date adopted

5.5.2026

Result of final vote

–:

FINAL VOTE BY ROLL CALL BY THE COMMITTEE ASKED FOR OPINION

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