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DRAFT 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-PA-759733

Committee on Legal Affairs · Rapporteur: Gilles Lebreton

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The Committee on Legal Affairs gives its draft opinion on a proposed Council directive amending Directive (EU) 2015/637 on consular protection for unrepresented citizens and Directive (EU) 2019/997 on the EU Emergency Travel Document. It proposes 13 amendments, including cutting the maximum retention period for personal data from 24 to 18 months, keeping the EEAS headquarters' role in information exchange, and adding safeguards on human dignity and non-discrimination. It also changes the chairing of consular meetings, requires machine-readable information to go only to the Commission, and adds a right to appeal non-judicial remedies before a court or independent body. It shortens the evaluation deadline from eight to between five and seven years after transposition.

Committee position. The Committee on Legal Affairs proposes 13 amendments to the Commission proposal, mainly to shorten data retention periods, keep the EEAS headquarters' role, add safeguards on dignity and non-discrimination, tighten meeting chairing rules, and bring forward the evaluation deadline.

Key points

  1. Cuts the maximum retention period for personal data collected on consular protection applicants from 24 to 18 months for the Member State of nationality.
  2. Keeps the EEAS headquarters' role in facilitating the exchange of information between Member States' embassies and consulates, and with local, third-country and international bodies.
  3. Adds to consular cooperation the security of persons and property, respect for human dignity and prevention of discrimination based on nationality or European citizenship.
  4. Provides that consular meetings are chaired by a Member State representative acting with the Union delegation, or by a Union delegation representative where expressly agreed, and by a Member State representative where no Union delegation is present.
  5. Keeps an estimate of available evacuation capacities among the relevant information in Article 13(1)(e).
  6. Requires Member States to provide information to the Commission in machine-readable format, and lets the Commission adopt implementing acts on that format.
  7. Specifies that the committee assisting the Commission is chaired by a Commission representative and composed of Member State representatives.
  8. Limits personal data processing to what is strictly necessary, such as the identity of the person in need and the circumstances of the consular case.
  9. Requires that where the remedy for a breach of rights is not judicial, the decision of the non-judicial body can be appealed before a court or an independent body.
  10. Sets the Commission's evaluation of the directive no sooner than five years and no later than seven years after the transposition deadline.

Who is affected

  • Unrepresented citizens of the Union in third countries, who gain clearer safeguards on data retention and remedies.
  • Member States' consular authorities, which must provide information to the Commission and follow new meeting rules.
  • The Commission, which receives information, adopts implementing acts and evaluates the directive.
  • The EEAS headquarters, whose role in information exchange is kept.

Figures and deadlines

  • 12 months: maximum retention of personal data by the assisting Member State and Union institutions and bodies.
  • 18 months: maximum retention of personal data by the Member State of nationality.
  • 24 months: retention period proposed by the Commission that the committee considers too long.
  • five years and no later than seven years: period after the transposition deadline for the Commission's evaluation.
  • eight years: evaluation period proposed by the Commission that the committee considers too long.