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

The Commission proposal foresees a substantial extension of the role and activities of the European External Action Service (EEAS) and the European Union Delegations, including new and amended provisions on preparedness and response to crises outside the European Union.

In accordance with point I.3 of Annex VI of the Rules of Procedure (RoP), the oversight of the EEAS and its various services, including the organisation and functioning of EU Delegations and the EEAS Crisis Response Centre, fall within the exclusive competence of the Committee on Foreign Affairs (AFET). The EU Delegations’ work also covers the implementation of the right of citizens of the Union to protection in the territory of third countries as referred to in Article 35 of the Treaty on European Union.

The organisation and functioning of the EEAS, the EU Delegations and the Crisis Response structures are set out in Council Decision 2010/427/EU of 26 July 2010, for which AFET is competent. The 2022 Strategic Compass for Security and Defence, also an AFET competence, launched a review of the EEAS crisis response mechanisms, including among others consular support and field security.

On 15 March 2023, Parliament adopted a CFSP Recommendation led by AFET taking stock of the functioning of the EEAS and for a stronger EU in the world (2021/2065(INI)). It covers a wide range of EEAS issues, including the support the EU Crisis Response Centre (CRC) in coordinating the response of EU and Member State embassies and delegations and the services they offer to EU citizens in times of crisis.

The Commission proposal lifts the role of the EEAS (and its crisis management structures and EU Delegations) to a new level of involvement, in such a way that consular protection becomes intertwined with the EEAS’ foreign, security and defence policy role, whenever decisions must be taken on the basis of assessments, contacts with third countries, use of military assets and other typically CFSP/CSDP elements.

AMENDMENTS

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

Amendment 1

Proposal for a directive

Recital 24 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 2

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 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

Amendment 3

Proposal for a directive

Recital 34 a (new)

Text proposed by the Commission

Amendment

(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

Amendment 4

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive (EU) 2015/637

Article 11 – paragraph 2 a (new)

Text proposed by the Commission

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.

Or. en

Amendment 5

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive (EU) 2015/637

Article 13 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 6

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive (EU) 2015/637

Article 13 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

(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.

Or. en

Amendment 7

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/637

Article 13a – paragraph 2

Text proposed by the Commission

Amendment

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

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. The EEAS and the Commission shall support the preparedness of those experts and of the joint consular teams.

Or. en

Amendment 8

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/637

Article 13a – 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 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

Amendment 9

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2015/637

Chapter 2a – article 13b – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. At least once per year, Member States shall provide the Commission and the High Representative of the Union for Foreign Affairs and Security Policy with the following information:

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

Or. en

Amendment 10

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2015/637

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

Text proposed by the Commission

Amendment

1. Member States shall take measures to inform their citizens of their right set out in Article 20(2), point (c), TFEU. This may include in particular the following measures:

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:

Or. en

Amendment 11

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2015/637

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

Text proposed by the Commission

Amendment

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

deleted

Or. en

Amendment 12

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2015/637

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

Text proposed by the Commission

Amendment

(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

Amendment 13

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive (EU) 2015/637

Article 16b – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Member States shall ensure that unrepresented citizens have an effective remedy under national law in the event of a breach of their rights under this Directive.

Member States shall ensure that unrepresented citizens have an effective access to complaint mechanisms and remedies under national law in the event of a breach of their rights under this Directive.

Or. en

Amendment 14

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2015/637

Article 19 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

3. No sooner than [eight years after the transposition deadline of the amending Directive], the Commission shall carry out an evaluation of this Directive and present a report on the main findings to the European Parliament and the Council.

3. By [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.

Or. en