Sittings · Document

Draft report (05760/2026 – 2023/0441(CNS)) 2026-06-12

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

Committee on Civil Liberties, Justice and Home Affairs

Official HTML ↗ PDF DOCX

AM_Com_LegReport

Amendment 29

Marina Kaljurand, Matjaž Nemec, Birgit Sippel

Proposal for a directive

Recital 1 a (new)

Text proposed by Council

Amendment

(1a) The scope of the Directive (EU) 2015/637 should also be extended beyond citizens of the Union. In this sense, recognised refugees and other persons who are legally residing in a Member State and are holders of a travel document issued by that Member State should be entitled to consular protection under the same conditions as unrepresented citizens.

Or. en

Amendment 30

Raquel García Hermida-Van Der Walle

Proposal for a directive

Recital 1 a (new)

Text proposed by Council

Amendment

(1a) The scope of Directive (EU) 2015/637 should be extended and cover also any person legally residing in a Member State and holding a valid travel document issued by that Member State which is not represented in a third country.

Or. en

Amendment 31

Sebastian Tynkkynen

Proposal for a directive

Recital 2

Text proposed by Council

Amendment

(2) Crises resulting in requests for consular protection by unrepresented citizens are increasing in frequency and scale. Drawing lessons from those experiences, and in order to simplify procedures for unrepresented citizens and consular authorities, the rules and procedures of Directive (EU) 2015/637 should be updated and streamlined so as to improve the effectiveness of the provision of consular protection to unrepresented citizens of the Union, in particular in crisis situations. Best use should be made of the available resources at Member State and Union level, both locally in third countries and at capital level.

(2) Crises resulting in requests for consular protection by unrepresented citizens are increasing in frequency and scale. Drawing lessons from those experiences, and in order to simplify procedures for unrepresented citizens and consular authorities, the rules and procedures of Directive (EU) 2015/637 should be updated and streamlined so as to improve the effectiveness of the provision of consular protection to unrepresented citizens of the Union, in particular in crisis situations. The available resources at Member State and Union level should be put to use cost-effectively, and in the best way, both locally in third countries and at capital level.

Or. fi

Amendment 32

Ilaria Salis

Proposal for a directive

Recital 2 a (new)

Text proposed by Council

Amendment

(2a) When providing consular protection to unrepresented citizens, Member States should take an intersectional approach to the specific needs of vulnerable groups, such as unaccompanied minors, pregnant women, persons with reduced mobility, 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, local staff of EU missions and Member States' embassies.

Or. en

Amendment 33

Sebastian Tynkkynen

Proposal for a directive

Recital 4

Text proposed by Council

Amendment

(4) Where a crisis situation results in a large number of requests for consular protection, the embassies and consulates of the Member States represented in the third country concerned should be given the possibility to agree to distribute requests based on available capacity with a view to making best use thereof. For that purpose, they may be assisted by Union delegations.

(4) Where a crisis situation results in a large number of requests for consular protection, the embassies and consulates of the Member States represented in the third country concerned should be given the possibility to agree to distribute requests based on available capacity with a view to making best use thereof, and in a cost-effective way. For that purpose, they may be assisted by Union delegations.

Or. fi

Amendment 34

Marieke Ehlers, Jaroslav Bžoch, Fabrice Leggeri

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 clarify the supporting role of Union delegations in the implementation of the right to consular protection. For reasons of consistency and business continuity, while fully respecting the primary competence and operational command of Member States in consular matters, local consular cooperation meetings should be chaired by a representative of a Member State. Union delegations should only chair such meetings if explicitly requested and agreed upon by the Member States present locally. 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.

Or. en

Amendment 35

Sebastian Tynkkynen

Proposal for a directive

Recital 6

Text proposed by Council

Amendment

(6) Past experience has shown that the support the Union delegations provide to the Member States makes an important contribution 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.

Or. fi

Amendment 36

Erik Kaliňák, Judita Laššáková, Katarína Roth Neveďalová, Monika Beňová

Proposal for a directive

Recital 7

Text proposed by Council

Amendment

(7) Directive (EU) 2015/637 sets out practical means by which Union delegations can, pursuant to Article 35 of the Treaty on European Union (TEU), contribute to the implementation of the right of consular protection. When supporting Member States in the provision of consular protection to unrepresented citizens, Union delegations should do so upon request by and on behalf of assisting Member States and on a resource-neutral basis, as provided for in Article 5(10) of Council Decision 2010/427/EU. In this context, assisting Member States should also be able to request Union delegations to assist in carrying out specific consular assistance tasks, including those referred to in Article 9 of Directive (EU) 2015/637, while informing the Member State of nationality in the context of the consultations provided for in Article 10 of Directive (EU) 2015/637, including on possible costs resulting from such support. To be able to carry out their supporting tasks, Union delegations should be provided with all the relevant information at the disposal of the assisting Member State or, as the case may be, the Member State of nationality. Support by Union delegations should be without prejudice to the competence of Member States to determine the scope of the protection to be provided to their own nationals.

Or. en

Justification

The proposal improves legal certainty by clearly distinguishing operational support from the exercise of public authority. The recital currently contains no explicit safeguard preventing divergent interpretations regarding the scope of EU Delegation involvement.

Amendment 37

Erik Kaliňák, Judita Laššáková, Katarína Roth Neveďalová, Monika Beňová

Proposal for a directive

Recital 8

Text proposed by Council

Amendment

(8) To ensure the effectiveness of the right to consular protection set out in Article 20(2), point (c), TFEU, and notably to ensure preparedness regarding possible consular crises requiring the provision of assistance to unrepresented citizens, local consular cooperation among Member States in third countries, supported by Union delegations, should include exchanges on matters relevant to such citizens, including the establishment of joint consular contingency frameworks and the organisation of consular exercises. In this context, it can be particularly relevant for the consular authorities of unrepresented Member States to be included in such local consular cooperation when coordinating on consular crisis preparedness and response. Such exchanges could take place in the context of existing local consular cooperation structures alongside exchanges among Member States, in the exercise of their competence, on other consular or local matters.

(8) Citizens of the Union should be considered to be unrepresented in a third country if their Member State of nationality has no embassy, consulate or honorary consul established there. Citizens should also be considered to be unrepresented if the embassy, consulate or honorary consul established locally is unable for any reason to provide, in a given case, the protection the person concerned would otherwise be entitled to receive according to national law or practice. Embassies and consulates should inform each other about any exceptional circumstances that may temporarily affect their capacity to provide consular protection. Accessibility and proximity should also be taken into consideration. For example, a citizen who seeks consular protection or assistance from the embassy or consulate of another Member State should not be redirected to the embassy, consulate or honorary consul of his or her own Member State of nationality when it is not possible, due to local circumstances or lack of resources, for the citizen safely to reach or be reached by those latter instances in a way allowing him or her to receive consular protection. The notion of absence of representation should be interpreted with a view to ensuring the effectiveness of the right of unrepresented citizens to be protected by another Member State's embassy or consulate in a non-discriminatory way, taking into account the circumstances of each particular case. Citizens holding the nationality of more than one Member State should be considered unrepresented if none of the Member States of their nationality is represented in the third country concerned.

Or. en

Justification

The amendment aims to provide greater legal certainty regarding the interpretation of the notion “effectively in a position to provide consular protection” in Article 6. It does not introduce new rights or obligations but reflects criteria already referred to in the recital (8) of the Directive, notably accessibility, proximity, safety and the ability of the citizen to receive assistance within a reasonable period of time. The amendment seeks to promote a more consistent application of the Directive across Member States while preserving the necessary flexibility to assess the circumstances of each individual case.

Amendment 38

Sebastian Tynkkynen

Proposal for a directive

Recital 9

Text proposed by Council

Amendment

(9) Consular crisis preparedness is an essential requirement to ensure effective consular crisis response. Member States, supported by the European External Action Service (EEAS), should therefore ensure that consular preparedness measures necessary for the protection of unrepresented citizens are discussed and implemented.

Or. fi

Amendment 39

Erik Kaliňák, Judita Laššáková, Katarína Roth Neveďalová, Monika Beňová

Proposal for a directive

Recital 10

Text proposed by Council

Amendment

(10) Past crises have shown the relevance of contingency planning and the usefulness of joint consular contingency frameworks, also known as ‘Joint EU Consular Crisis Preparedness Frameworks’, in third countries, involving the participation of the diplomatic and consular authorities of all Member States, as well as of the local Union delegation. Such frameworks should be tailored to local circumstances, and could set a clear division of responsibilities between represented and non-represented Member States and the Union delegation and include a set of procedures and activities to be carried out at local level in case of a crisis requiring consular protection of unrepresented citizens.

Or. en

Justification

The amendment clarifies the relationship between EU-level coordination mechanisms and national preparedness systems and avoids duplication of structures.

Amendment 40

Erik Kaliňák, Judita Laššáková, Katarína Roth Neveďalová, Monika Beňová

Proposal for a directive

Recital 11

Text proposed by Council

Amendment

(11) The effectiveness of existing coordination measures set out in Directive (EU) 2015/637 should be enhanced by making the preparation of joint consular contingency frameworks mandatory, even if their level of detail may differ depending on local circumstances. For that purpose, the most important elements of such frameworks should be established. These may include an analysis of the consular situation in the third country concerned, including an overview of Member State embassies or consulates, an estimate of the number and location of unrepresented Union citizens, and a risk assessment of the most plausible scenarios, arrangements for consular crisis preparedness, including communication channels and relevant contacts, as well as crisis response arrangements, including information sharing and communication processes within local consular cooperation and with Union citizens and relevant cooperation arrangements. This should not be understood as preventing Member States from including, in the exercise of their competence, other relevant information, such as on represented citizens. In crisis situations, it is often not possible, for many practical reasons, to make a clear distinction between unrepresented and represented citizens.

Or. en

Justification

The amendment reflects the principle of proportionality and helps avoid unnecessary administrative burdens in locations where consular risks are limited.

Amendment 41

Sebastian Tynkkynen

Proposal for a directive

Recital 11

Text proposed by Council

Amendment

(11) The effectiveness of existing coordination measures set out in Directive (EU) 2015/637 should be enhanced by making the preparation of joint consular contingency frameworks mandatory, even if their level of detail may differ depending on local circumstances. For that purpose, the most important elements of such frameworks should be established on the basis of the needs of each Member State. These may include an analysis of the consular situation in the third country concerned, including an overview of Member State embassies or consulates, an estimate of the number and location of unrepresented Union citizens, and a risk assessment of the most plausible scenarios, arrangements for consular crisis preparedness, including communication channels and relevant contacts, as well as crisis response arrangements, including information sharing and communication processes within local consular cooperation and with Union citizens and relevant cooperation arrangements. This should not be understood as preventing Member States from including, in the exercise of their competence, other relevant information, such as on represented citizens. In crisis situations, it is often not possible, for many practical reasons, to make a clear distinction between unrepresented and represented citizens.

Or. fi

Amendment 42

Marieke Ehlers, Jaroslav Bžoch, Fabrice Leggeri

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 regularly, and updated if necessary, in particular based on the findings of consular exercises. To avoid unnecessary administrative burdens, the establishment and update of such frameworks should be proportionate to the specific risk level of the third country concerned. 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 be strictly supplementary to, and should not be understood as replacing or interfering with, existing national crisis plans of Member States or affecting their sovereign responsibility to provide consular assistance to their own nationals.

Or. en

Amendment 43

Sebastian Tynkkynen

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 replace existing national crisis plans of Member States or affecting their responsibility to provide consular assistance to their own nationals.

Or. fi

Amendment 44

Sebastian Tynkkynen

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.

Or. fi

Amendment 45

Sebastian Tynkkynen

Proposal for a directive

Recital 14

Text proposed by Council

Amendment

(14) Efficient coordination is vital to ensure effective crisis response. To ensure such coordination, Member States should, whenever useful, 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 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, unless prevented by security constraints. Sharing such information should be without prejudice to the competence of Member States to decide whether or not to organise evacuations and repatriations.

(14) Efficient coordination is vital to ensure effective crisis response. To ensure such coordination, Member States should, when necessary, 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 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, unless prevented by security constraints. Sharing such information should be without prejudice to the competence of Member States to decide whether or not to organise evacuations and repatriations.

Or. fi

Amendment 46

Raquel García Hermida-Van Der Walle

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, 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.

Or. en

Amendment 47

Marieke Ehlers, Jaroslav Bžoch, Fabrice Leggeri

Proposal for a directive

Recital 18

Text proposed by Council

Amendment

(18) To support Union citizens in need, it is important to provide them with reliable information on how to avail themselves of consular assistance in third countries. The Commission services and the EEAS should contribute to that objective by disseminating relevant information, including information to be provided by Member States on their consular networks. However, to prevent disproportionate administrative burdens on the Member States, therefore, reporting obligations placed on Member States should be limited in frequency to no more than once a year

Or. en

Amendment 48

Ilaria Salis

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 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, unaccompanied minors, pregnant women, persons with reduced mobility, or individuals at risk of discrimination on any ground such as those referred to in Article 21 of the Charter. 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.

_________________

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).

Or. en

Amendment 49

Sebastian Tynkkynen

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 should take the measures that they deem appropriate to further contribute to raising Union citizens’ 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.

_________________

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).

Or. fi

Amendment 50

Ilaria Salis

Proposal for a directive

Recital 19 a (new)

Text proposed by Council

Amendment

(19a) Without prejudice to their obligations under local law, Member States’ embassies should put in place Contingency plans for local staff and their families in emergency situations. Where possible the EU Delegation, present in that particular country, should coordinate this tasks.

Or. en

Amendment 51

Sebastian Tynkkynen

Proposal for a directive

Recital 20

Text proposed by Council

Amendment

(20) The financial provisions of Directive (EU) 2015/637 should be adapted to simplify reimbursements and continue ensuring financial burden-sharing. In particular, it should be possible for unrepresented citizens to directly reimburse the assisting Member State for the cost of consular protection, under the same conditions as nationals of the assisting Member State, to avoid the administrative burden resulting from seeking reimbursements from the citizen’s Member State of nationality. In addition, Member States should also be allowed to waive the charging of such costs. As, in certain situations, unrepresented citizens may not be able to pay when making the request for assistance, notably when their cash and means to access funds have been stolen, it is necessary to provide that they could be required by the consular authorities of the assisting Member State to sign an undertaking to repay. The Member State of nationality of the unrepresented citizen should be informed of the possible costs of consular protection during the consultations that take place before assistance is provided, unless doing so is not possible due to an ongoing crisis situation.

(20) The financial provisions of Directive (EU) 2015/637 should be adapted to simplify reimbursements, promote cost-effectiveness and continue ensuring financial burden-sharing. The changes should be implemented in such a way that they do not increase the administrative burden on delegations. In particular, it should be possible for unrepresented citizens to directly reimburse the assisting Member State for the cost of consular protection, under the same conditions as nationals of the assisting Member State, to avoid the administrative burden resulting from seeking reimbursements from the citizen’s Member State of nationality. In addition, Member States should also be allowed to waive the charging of such costs. As, in certain situations, unrepresented citizens may not be able to pay when making the request for assistance, notably when their cash and means to access funds have been stolen, it is necessary to provide that they could be required by the consular authorities of the assisting Member State to sign an undertaking to repay. The Member State of nationality of the unrepresented citizen should be informed of the possible costs of consular protection during the consultations that take place before assistance is provided, unless doing so is not possible due to an ongoing crisis situation.

Or. fi

Amendment 52

Erik Kaliňák, Judita Laššáková, Katarína Roth Neveďalová, Monika Beňová

Proposal for a directive

Recital 21

Text proposed by Council

Amendment

(21) In cases where the costs have not been repaid by the citizen directly when making the request, the assisting Member State should be entitled to ask for the reimbursement of the costs due from the unrepresented citizen’s Member State of nationality on the basis of a signed undertaking to repay. To avoid being faced with requests for reimbursement after long periods, the assisting Member State and Member State of nationality should be given a reasonable deadline to, respectively, make the request and reimbursement. Member States should strive to make the request and reimburse the costs as soon as possible. In addition, they should be able to agree on other reimbursement arrangements, for example to offset competing reimbursement claims, alternative reimbursement schedules or that the assisting Member State will seek reimbursement directly from the citizen at a later stage, including on how to inform the citizen concerned of the possible costs, where appropriate. Where possible, such arrangements should be concluded in advance of the assistance being provided.

Or. en

Justification

The amendment increases legal certainty and ensures more consistent application across Member States.

Amendment 53

Sebastian Tynkkynen

Proposal for a directive

Recital 21

Text proposed by Council

Amendment

(21) In cases where the costs have not been repaid by the citizen directly when making the request, the assisting Member State should be entitled to ask for the reimbursement of the costs due from the unrepresented citizen’s Member State of nationality on the basis of a signed undertaking to repay. To avoid being faced with requests for reimbursement after long periods, the assisting Member State and Member State of nationality should be given a reasonable deadline to, respectively, make the request and reimbursement. Member States should, however, be able to agree among themselves on the time limits. Member States should strive to make the request and reimburse the costs as soon as possible. In addition, they should be able to agree on other reimbursement arrangements, for example to offset competing reimbursement claims, alternative reimbursement schedules or that the assisting Member State will seek reimbursement directly from the citizen at a later stage, including on how to inform the citizen concerned of the possible costs, where appropriate. Where possible, such arrangements should be concluded in advance of the assistance being provided.

Or. fi

Amendment 54

Marieke Ehlers, Fabrice Leggeri

Proposal for a directive

Recital 21

Text proposed by Council

Amendment

(21) To avoid being faced with requests for reimbursement after long periods, the assisting Member State and Member State of nationality should be given a reasonable deadline to, respectively, make the request and reimbursement. To alleviate the financial and administrative burden on the assisting Member State, the Member State of nationality should reimburse the costs within a maximum of six months. Following this reimbursement, the Member State of nationality should assume sole responsibility for pursuing any debt collection from its citizen under national law. Member States should strive to make the request and reimburse the costs as soon as possible. In addition, they should be able to agree on other reimbursement arrangements, for example to offset competing reimbursement claims, alternative reimbursement schedules or that the assisting Member State will seek reimbursement directly from the citizen at a later stage, including on how to inform the citizen concerned of the possible costs, where appropriate. Where possible, such arrangements should be concluded in advance of the assistance being provided.

Or. en

Amendment 55

Erik Kaliňák, Judita Laššáková, Katarína Roth Neveďalová, Monika Beňová

Proposal for a directive

Recital 22

Text proposed by Council

Amendment

(22) Member States should reimburse Union delegations for their support in providing consular protection to unrepresented citizens to ensure that such support is provided on a resource-neutral basis, as required by Article 5(10) of Decision 2010/427/EU. The Member State of nationality of the unrepresented citizen should reimburse the costs of the Union delegations related to support in providing consular protection to unrepresented citizens within a reasonable period of time not exceeding 12 months from the date of the request, unless it agrees with the EEAS on another reimbursement arrangement. The Member State of nationality of the unrepresented citizen should be entitled to ask the unrepresented citizen concerned to repay such costs. In most cases, the support provided by Union delegations is not expected to generate any reimbursable costs other than direct costs comparable to those usually incurred by assisting Member States.

Or. en

Justification

The amendment strengthens transparency, accountability and sound financial management.

Amendment 56

Marieke Ehlers, Fabrice Leggeri

Proposal for a directive

Recital 24 a (new)

Text proposed by Council

Amendment

(24a) While Member States remain free, in the exercise of their sovereign competence, to provide assistance or evacuation to third-country nationals, including family members of Union citizens or third-country nationals legally residing in a Member State, the costs, obligations, and coordination burdens associated with such assistance should not fall under the mandatory reimbursement and coordination mechanisms of this Directive.

Or. en

Amendment 57

Erik Kaliňák, Judita Laššáková, Katarína Roth Neveďalová, Monika Beňová

Proposal for a directive

Recital 24a

Text proposed by Council

Amendment

(24a) The simplified procedures for crisis situations should also apply to situations where a Union delegation has borne costs related to support in providing consular protection.

(24a) The simplified procedures for crisis situations should also apply to situations where a Union delegation has borne costs related to support in providing consular protection. The Commission and the EEAS shall provide Member States with sufficient information and supporting documentation to verify the nature and amount of reimbursable expenditure.

Or. en

Justification

The amendment enables effective financial oversight by Member States.

Amendment 58

Ilaria Salis

Proposal for a directive

Recital 30

Text proposed by Council

Amendment

(30) Where the provision of consular protection requires the transfer of personal data of Union citizens to third countries or international organisations, such as the United Nations, collaborating in the crisis response measures, such transfers should comply with Chapter V of Regulation (EU) 2016/679 and Chapter V of Regulation (EU) 2018/1725, in particular regarding the assessment that the third country provides sufficient guarantees of protection and legal safeguards that sufficiently protects the right to privacy and other fundamental rights.

Or. en

Amendment 59

Erik Kaliňák, Judita Laššáková, Katarína Roth Neveďalová, Monika Beňová

Proposal for a directive

Article 1 – paragraph 1 – point -1 a (new)

Text proposed by Council

Amendment

(-1a) The following paragraph shall be added to Article 6:

“2. For the purposes of paragraph 1, when assessing whether an embassy or consulate of the citizen's Member State of nationality is effectively in a position to provide consular protection in a given case, the assisting Member State shall take into account, inter alia, the accessibility and proximity of that embassy or consulate for the citizen concerned, whether the citizen can safely reach, or be reached by, that embassy or consulate within a reasonable period of time, the urgency and nature of the assistance requested, and whether redirecting the citizen to that embassy or consulate would substantially delay or otherwise compromise the provision of consular protection.”.

In Article 6, the existing text shall be designated as paragraph 1.

Or. en

Justification

Amendment 60

Marina Kaljurand, Matjaž Nemec, Birgit Sippel

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive (EU) 2015/637

Article 7 – paragraph 1 a (new)

Text proposed by Council

Amendment

1a. Recognised refugees and other persons who are legally residing in a Member State and are holders of a travel document issued by that Member State shall be entitled to consular protection under the same conditions as unrepresented citizens, if the Member State of residence is not represented by a diplomatic or consular authority.

Or. en

Amendment 61

Marina Kaljurand, Matjaž Nemec, Birgit Sippel

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 an intersectional approach to the specific needs of vulnerable groups and individuals at risk of discrimination on any ground such as those referred to in Article 21 of the Charter and case law.

Or. en

Amendment 62

Ilaria Salis

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive (EU) 2015/637

Article 7 paragraph 4

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.

Or. en

Amendment 63

Raquel García Hermida-Van Der Walle

Proposal for a directive

Article 1 – paragraph 1 – point 1 a (new)

Directive 2015/637

Article 4

Text proposed by Council

Amendment

(1a) For the purposes of this Directive, ‘unrepresented citizen’ shall mean every citizen holding the nationality of a Member State or residing legally in a Member State and holding a travel document issued by that Member State which is not represented in a third country as set out in Article 6.

Or. en

Amendment 64

Marieke Ehlers, Jaroslav Bžoch, Fabrice Leggeri

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive (EU) 2015/637

Article 12, paragraph 2

Text proposed by Council

Amendment

2. Unless otherwise agreed by the consular authorities of the Member States, the Chair shall be a representative of the Union delegation, working in close cooperation with the Member State holding the rotating Presidency of the Council of the Union, where represented. Where no Union delegation is present, meetings shall be chaired by a representative of a Member State.

2. Meetings shall be chaired by a representative of a Member State. A representative of the Union delegation may act as Chair only if explicitly requested and agreed upon by the consular authorities of the Member States present. Where no Union delegation is present, or where no such agreement is reached, meetings shall be chaired by a representative of a Member State.

Or. en

Justification

In accordance with the subsidiarity principle, consular protection is a shared competence where the Union plays a supporting role (as defined in Article 5(10) of Decision 2010/427/EU, in conjunction with article 35 TEU). Making the EU delegation the default Chair undermines Member State sovereignty and operational command. The default leadership must remain with the Member States, with EU delegations stepping in only on an "opt-in" basis if Member States request it.

Amendment 65

Marieke Ehlers, Jaroslav Bžoch, Fabrice Leggeri

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive (EU) 2015/637

Article 13, paragraph 1

Text proposed by Council

Amendment

1. In the context of local consular cooperation referred to in Article 12 and in order to ensure the necessary protection of unrepresented Union citizens, Member States, supported, where relevant, by the EEAS, shall set up joint consular contingency frameworks.

1. In the context of local consular cooperation referred to in Article 12, Member States and the EEAS shall set up and agree a joint consular contingency plan for each third country. The joint consular contingency plan shall be updated when deemed strictly necessary by the Member States present, or at least every three years. These joint consular contingency plans shall be supplementary to, and shall not supersede or interfere with, the national crisis and evacuation plans of the Member States.

Or. en

Amendment 66

Ilaria Salis

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive (EU) 2015/637

Article 13 paragraph 3

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.

Or. en

Amendment 67

Raquel García Hermida-Van Der Walle

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive (EU) 2015/637

Article 13 – paragraph 3

Text proposed by Council

Amendment

Or. en

Amendment 68

Ilaria Salis

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive (EU) 2015/637

Article 13 paragraph 5

Text proposed by Council

Amendment

5a. Without prejudice to their obligations under local law, Member States’ embassies shall also put in place Contingency plans for local staff and their families in emergency situations. Where possible the EU Delegation, present in that particular country, should coordinate this tasks.

Or. en

Amendment 69

Raquel García Hermida-Van Der Walle

Proposal for a directive

Article 1 – paragraph 1 – point 5

amending Directive (EU) 2015/637

Article 13a

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 assistance for unrepresented Union citizens. They shall inform each other of available evacuation capacities in a timely manner.

Or. en

Amendment 70

Marieke Ehlers, Jaroslav Bžoch, Fabrice Leggeri

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2015/637

Article 13b, first paragraph

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, upon request but no more often than once a year, provide the Commission and the High Representative of the Union for Foreign Affairs and Security Policy with the following information:

Or. en

Justification

To prevent "mandate creep" and protect Member States from ad-hoc, overly frequent administrative demands from the Commission or the EEAS, the reporting requirement must be capped. Providing network updates once a year strikes the right balance between operational readiness and reducing the bureaucratic burden on national Ministries of Foreign Affairs.

Amendment 71

Marina Kaljurand, Matjaž Nemec, Birgit Sippel

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 may reproduce the first sentence of Article 23 TFEU on national passports.

Or. en

Amendment 72

Sebastian Tynkkynen

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive (EU) 2015/637

Article 14 – paragraph 3

Text proposed by Council

Amendment

The assisting Member State may, on the basis of a signed undertaking to repay and within 12 months of the date of its signature, ask for the payment of the costs from the Member State of nationality of the unrepresented citizen.

Or. fi

Amendment 73

Sebastian Tynkkynen

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive (EU) 2015/637

Article 14 – paragraph 3

Text proposed by Council

Amendment

The Member State of nationality of the unrepresented citizen shall, on the basis of the signed undertaking to repay, reimburse those costs within a reasonable period of time not exceeding 12 months from the date of the request of repayment. The Member State of nationality of the unrepresented citizen may, in accordance with its national legislation, ask the unrepresented citizen concerned to repay such costs. The Member State of nationality and the assisting Member State may also agree on alternative arrangements for the reimbursement of the costs refered to in paragraph 1.

The Member State of nationality of the unrepresented citizen shall, on the basis of the signed undertaking to repay, reimburse those costs within a reasonable period of time not exceeding 12 months from the date of the request of repayment, unless otherwise agreed among the Member States. The Member State of nationality of the unrepresented citizen may, in accordance with its national legislation, ask the unrepresented citizen concerned to repay such costs. The Member State of nationality and the assisting Member State may also agree on alternative arrangements for the reimbursement of the costs referred to in paragraph 1.

Or. fi

Amendment 74

Marieke Ehlers, Fabrice Leggeri

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive (EU) 2015/637

Article 14, paragraph 3, third subparagraph

Text proposed by Council

Amendment

The Member State of nationality of the unrepresented citizen shall, on the basis of the signed undertaking to repay, reimburse those costs within a reasonable period of time not exceeding 6 months from the date of the request of repayment. The Member State of nationality of the unrepresented citizen may, in accordance with its national legislation, ask the unrepresented citizen concerned to repay such costs, and shall assume sole responsibility for any subsequent debt collection from its citizen.

Or. en

Justification

A 12-month waiting period forces the assisting Member State to carry the financial burden of another state's citizen for an entire year. This acts as a severe deterrent to providing consular protection. Reducing the maximum reimbursement period to 6 months ensures fairness for the assisting State. Furthermore, it explicitly places the burden of debt collection entirely on the citizen's home state, protecting the assisting Member State from lingering administrative disputes.

Amendment 75

Sebastian Tynkkynen

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive (EU) 2015/637

Article 14 – paragraph 5

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.

Or. fi

Amendment 76

Marieke Ehlers, Fabrice Leggeri

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive (EU) 2015/637

Article 15 – paragraph 4a (new)

Text proposed by Council

Amendment

4a. The facilitated financial reimbursement procedures established by this Directive, including those for crisis situations, shall apply exclusively to the consular protection of unrepresented Union citizens holding the nationality of a Member State. The assisting Member State shall not be entitled to request reimbursement from another Member State or from the Union budget under this Directive for the assistance or evacuation of third-country nationals, including those legally residing in the territory of a Member State or family members of Union citizens who do not hold the nationality of a Member State.

Or. en

Justification

To prevent the expansion of Union financial and coordination mechanisms beyond their Treaty base (Article 20(2)(c) and 23 TFEU), the Directive must explicitly clarify that EU-mandated reimbursement mechanisms apply solely to Union citizens. While Member States may choose to assist or evacuate third-country nationals (such as residents or family members) as a matter of national policy or bilateral agreement, the costs and coordination burdens for non-Union citizens must strictly remain outside the scope of this Directive.

Amendment 77

Ilaria Salis

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive (EU) 2015/637

Article 16a paragraph 7

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.

Or. en