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OPINION (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

JURI-AD-759733

Committee on Legal Affairs · Rapporteur: Gilles Lebreton

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The Committee on Legal Affairs gives its opinion on the proposed Council directive amending Directive (EU) 2015/637 on consular protection for unrepresented EU citizens and Directive (EU) 2019/997 on the EU Emergency Travel Document. It proposes amendments to the recitals and articles, adding a 48-hour limit for reaching an embassy, new rules on data protection, early warning systems, evacuation capacity estimates and crisis training. It asks for more resources for the EEAS and Union delegations, and for Member States to register citizens' travels and share travel advice. It also proposes that Member States provide information to the Commission and the High Representative every six months instead of once a year.

Committee position. The Committee on Legal Affairs proposes amendments to the Commission proposal, adding a 48-hour limit for reaching embassies, data protection safeguards, early warning systems, evacuation capacity estimates, crisis training, and more resources for the EEAS and Union delegations.

Key points

  1. The Committee on Legal Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs to take its amendments into account.
  2. The period for citizens to safely reach or be reached by their embassy or consulate should not exceed 48 hours.
  3. Member States should take into account the needs of vulnerable individuals at risk of discrimination on grounds listed in Article 21 of the Charter.
  4. Union delegations and the EEAS should receive additional financial and human resources for consular tasks.
  5. Joint consular contingency plans should include an estimate and overview of available evacuation capacities.
  6. Member States and Union delegations should deploy early warning systems using data analysis, risk assessments and intelligence-sharing.
  7. Member States should take proactive measures to ensure citizens register their travels to or residence in third countries, especially unsafe ones.
  8. The EEAS, with Member States, should provide consular crisis preparedness, simulation and response training to officials and staff.
  9. Member States may involve the Union Civil Protection Mechanism, EU missions and operations, and the EU rapid deployment capacity in providing assistance.
  10. Member States should provide the Commission and the High Representative with information every six months instead of once a year.
  11. Member States should develop automatic notification systems to inform citizens of consular protection rights and alerts upon arrival in a third country.
  12. Personal data revealing racial or ethnic origin, political opinions, religious beliefs, trade union membership, genetic, biometric, health, sex life or sexual orientation data may be processed only when strictly necessary.

Who is affected

  • Unrepresented EU citizens in third countries, who would benefit from clearer criteria and a 48-hour limit for reaching an embassy.
  • Member States' consular authorities, which would have to register citizens' travels and share travel advice.
  • The EEAS and Union delegations, which would receive more resources and coordination tasks.
  • Vulnerable individuals at risk of discrimination, whose needs must be taken into account.

Figures and deadlines

  • 48 hours: maximum period for citizens to safely reach or be reached by their embassy or consulate.
  • every six months: frequency for Member States to provide information to the Commission and the High Representative.
  • four years: minimum period before the Commission evaluates the directive, and every four years thereafter.