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DRAFT OPINION (COM(2023)930 – 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

AFET-PA-758853

Committee on Foreign Affairs · Rapporteur: Nacho Sánchez Amor

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The Committee on Foreign Affairs gives its draft opinion on the Commission proposal to amend Directive (EU) 2015/637 on consular protection and Directive (EU) 2019/997 on the EU Emergency Travel Document. It calls on the Civil Liberties Committee to take into account amendments that give the EEAS and EU Delegations more financial and human resources, training and crisis-preparedness duties. The amendments require Member States to share risk assessments and evacuation information, to inform citizens through automatic notifications, and to give unrepresented citizens access to complaint mechanisms and remedies. They also move reporting duties to the EEAS and Commission, and set a five-year evaluation cycle.

Committee position. The Committee on Foreign Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs to take into account amendments that strengthen the EEAS and EU Delegations' resources and role, improve information sharing and citizen notification, and ensure access to remedies.

Key points

  1. Member States must ensure information to citizens on consular protection is easily accessible and up-to-date, with instant notifications in third countries, especially in crises.
  2. Member States should share first-hand and relevant information on evacuation capacity in a timely manner, including for rescue and evacuation operations using military assets; the EEAS should receive automatic and continuous information from Member States.
  3. The EEAS budget should be increased, in addition to Member States reimbursements, to guarantee assistance and protection to EU citizens.
  4. The EEAS and Union Delegations shall receive additional financial and human resources for overhead and administrative workload.
  5. Member States shall enhance situational awareness with Union Delegations by regularly sharing risk assessment updates and possible threats to EU citizens' security.
  6. The EEAS, with Member States, shall provide consular crisis preparedness and response training to Union officials and Member States' diplomatic and consular staff.
  7. The EEAS and the Commission shall support the preparedness of experts and joint consular teams, which remain voluntary and available for rapid deployment.
  8. Member States may be supported by Union instruments such as the EEAS crisis management structures, the Crisis Response Centre, the Emergency Response Coordination Centre, the Union Civil Protection Mechanism and, if appropriate, EU missions and operations under the Common Security and Defence Policy.
  9. At least once per year, Member States shall provide the EEAS and the Commission with information.
  10. Member States shall inform citizens of their right under Article 20(2), point (c), TFEU, in particular by developing automatic notification systems for contact information and crisis warnings; they may reproduce the first sentence of Article 23 TFEU on passports.
  11. Member States shall ensure unrepresented citizens have effective access to complaint mechanisms and remedies under national law for breaches of their rights.
  12. By five years after the transposition deadline and every five years thereafter, the Commission shall evaluate the transposition and application of the Directive, including possible breaches of rights, and report to Parliament and the Council.

Who is affected

  • Member States: must share information, enhance situational awareness, inform citizens and ensure access to remedies.
  • EEAS and EU Delegations: receive more resources, training duties and reporting roles.
  • Unrepresented EU citizens: gain access to complaint mechanisms and automatic notifications.
  • Commission: receives information from Member States and evaluates the Directive.

Figures and deadlines

  • At least once per year, Member States shall provide information to the EEAS and the Commission.
  • By five years after the transposition deadline and every five years thereafter, the Commission shall evaluate the Directive.

Legal basis: Article 35 of the Treaty on European Union