Sittings · Document
On the draft 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
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Lena Düpont
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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the draft 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
(COM(2023)0930 – C100027/2026 – 2023/0441(CNS))
(Special legislative procedure – consultation)
– having regard to the Council draft (05760/2026),
– having regard to Article 23(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C100027/2026),
– having regard to Rule 84 of its Rules of Procedure,
– having regard to the opinion of the Committee on Foreign Affairs,
– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A100000/2026),
1. Approves the Commission proposal as amended;
2. Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;
3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
4. Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;
5. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a directive
Recital 2
Text proposed by the 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 of all types resulting in requests for consular protection by unrepresented citizens are increasing in frequency and scale, directly affecting citizens of the Union living permanently or temporarily present abroad.
Or. en
Amendment 2
Proposal for a directive
Recital 2 a (new)
Text proposed by the Council
Amendment
(2a) Drawing on recent examples of successful management of crises and emergencies by the Member States, represented or not, with the support of Union delegations, the Union Civil Protection Mechanism and other bodies of the Union, the Directive (EU) 2015/637 must be updated in order to reflect and give the necessary legal basis to the coordination tools that have been effectively deployed since its entry into force and the needs that have arisen since.
Or. en
Amendment 3
Proposal for a directive
Recital 2 b (new)
Text proposed by the Council
Amendment
(2b) With the objective to simplify procedures for unrepresented citizens and consular authorities, to improve the effectiveness of the provision of consular protection, in particular in crisis situations, and to reinforce the European Union’s response capacities, the rules and procedures of Directive (EU) 2015/637 should also be updated and streamlined. Best use should be made of the available resources at Member State and Union level, both locally in third countries and at capital level.
Or. en
Amendment 4
Proposal for a directive
Recital 3 a (new)
Text proposed by the Council
Amendment
(3a) Whether as a result of the execution of such arrangements and of joint preparedness frameworks, or not, Member States and Union delegations, acting upon request and on behalf of a Member State, should endeavour to automate as much as possible the identification of unrepresented citizens, through the use of criteria that will ensure that the length of the identification process never stands in the way of providing protection. A 48h period for a citizen to safely reach or be reached by the embassy or consulate of their Member State of nationality, or less if the local circumstances make this contact unsafe or impossible for the citizen, should hence be applied to efficiently identify unrepresented citizens of the Union.
Or. en
Amendment 5
Proposal for a directive
Recital 8
Text proposed by the 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) 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. Such frameworks should always include operational mechanisms or arrangements and be tested at least on an annual basis by organising 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.
Or. en
Amendment 6
Proposal for a directive
Recital 12
Text proposed by the 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 as often as the local circumstances require and, in any case, at least on an annual basis based on the findings of the yearly 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.
Or. en
Amendment 7
Proposal for a directive
Recital 13
Text proposed by the 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.
(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. In order to improve the information provided to unrepresented citizens and while the issuance of travel advice is the responsibility of Member States, it is useful that they exchange up-to-date information and collectively seek to deliver consistent information across the existing means of communication, notably in the context of crisis situations. Citizens can also be offered by their Member State of nationality the possibility to register their travels to or residence in third countries. For this purpose, the EEAS should support exchanges of such information between Member States, notably through its secure IT systems. Such exchanges could be based on a common structure of the levels of risk indicated in travel advice.
Or. en
Amendment 8
Proposal for a directive
Recital 21a
Text proposed by the Council
Amendment
(21a) Consular protection granted to an unrepresented citizen can, in certain cases, such as arrest, detention, being a victim of serious crime, a serious accident or serious illness, involve unusually high travel costs, accommodation costs or translation costs for the diplomatic or consular authorities of the assisting Member State. These costs may nevertheless be, depending on the circumstances, essential and justified to adequately respond to the individual case. The unrepresented citizen’s Member State of nationality should, in the context of the consultation provided for in the Directive, be informed of such possible costs. The assisting Member State should be able to seek reimbursement of such unusually high costs from the unrepresented citizen’s Member State of nationality including when the situation prevented the unrepresented citizen from signing an undertaking to repay. The Member State of nationality of the citizen should reimburse the assisting Member State for the costs incurred. The assisting Member State cannot request the Member State of nationality of the unrepresented citizen to reimburse such costs which nationals of the assisting Member State would not be required to repay in the same situation. Unrepresented citizens’ Member States of nationality cannot, according to the non-discrimination principle, ask their citizens to reimburse such costs which nationals of the assisting Member State would not be required to repay.
(21a) Consular protection granted to an unrepresented citizen can, in certain cases, such as arrest, detention, being a victim of serious crime, a serious accident, serious illness or, in case of an emergency, being in need of relief and repatriation, involve unusually high travel costs, accommodation costs or translation costs for the diplomatic or consular authorities of the assisting Member State. These costs may nevertheless be, depending on the circumstances, essential and justified to adequately respond to the individual case. The unrepresented citizen’s Member State of nationality should, in the context of the consultation provided for in the Directive, be informed of such possible costs. The assisting Member State should be able to seek reimbursement of such unusually high costs from the unrepresented citizen’s Member State of nationality including when the situation prevented the unrepresented citizen from signing an undertaking to repay. The Member State of nationality of the citizen should reimburse the assisting Member State for the costs incurred. The assisting Member State cannot request the Member State of nationality of the unrepresented citizen to reimburse such costs which nationals of the assisting Member State would not be required to repay in the same situation. Unrepresented citizens’ Member States of nationality cannot, according to the non-discrimination principle, ask their citizens to reimburse such costs which nationals of the assisting Member State would not be required to repay.
Or. en
Amendment 9
Proposal for a directive
Recital 28
Text proposed by the Council
Amendment
(28) Given that consular tasks can vary significantly, covering sensitive situations such as arrest, incarceration, injury or being a victim of a crime, it is necessary to ensure that competent authorities of the Member States and relevant Union institutions and bodies have access to and can exchange all the necessary information, including personal data, that is required to provide consular protection to Union citizens. In that context, the competent authorities of the Member States and, where they provide support, Union institutions and bodies should be entitled to process special categories of personal data, where doing so is strictly necessary to provide consular protection to the person concerned. This should cover health data, which may need to be processed in order to provide consular protection to an unrepresented citizen who has been seriously injured or has fallen seriously ill. Persons’ facial images need to be processed notably in cases where an EU Emergency Travel Document is to be issued. Providing assistance to an unrepresented citizen, including in the defence of legal claims, may also exceptionally require the processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or data concerning sexual orientation. In certain cases, providing consular assistance may also require the processing of genetic data, such as when providing assistance in the context of serious accidents requiring the unique identification of an incapacitated person or in the context of establishing paternity. Finally, consular cases linked to arrest or detention may likely require the competent authorities to process personal data relating to criminal convictions and offences.
(28) Given that consular tasks can vary significantly in scope according to the local context or individual needs of citizens of the Union, covering sensitive situations such as arrest, incarceration, injury or being a victim of a crime, it is necessary to ensure that the competent authorities of the Member States and the relevant Union institutions and bodies have access to and can process and exchange special categories of personal data and exchange all the necessary information, where doing so is strictly necessary to provide consular protection to the person concerned and is of public interest or of vital interest to the data subject as specified in Article 9 of Regulation (EU) 2016/697 and Article 10 of Regulation (EU) 2018/1725. Persons’ facial images will need to be processed notably in cases where an EU Emergency Travel Document is to be issued. Finally, consular cases linked to arrest or detention may require the competent authorities to process personal data relating to criminal convictions and offences.
Or. en
Amendment 10
Proposal for a directive
Recital 30
Text proposed by the 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.
(30) The transfer of personal data of Union citizens to third countries or international organisations, such as the United Nations, should be exercised with the greatest caution and only if such collaboration is of direct importance to the provision of consular protection. Such transfers should always comply with Chapter V of Regulation (EU) 2016/679 and Chapter V of Regulation (EU) 2018/1725.
Or. en
Amendment 11
Proposal for a directive
Recital 31
Text proposed by the Council
Amendment
(31) Personal data collected by assisting Member States, the Member States of nationality or Union institutions and bodies should be retained only for as long as necessary to carry out the tasks provided for by this Directive. Where the personal data concerns the contact details of public officials such as honorary consuls, the personal data should be retained for as long as the person remains the relevant contact. The erasure of personal data of applicants should not affect Member States’ abilities to monitor the application of this Directive.
(31) Personal data collected by assisting Member States, the Member States of nationality or Union institutions and bodies should be retained only for as long as necessary to carry out the tasks provided for by this Directive. In particular, unless required to be retained in order to support citizens’ legal claims or handle the posterior reimbursements of the consular protection provided, personal data should not be kept longer than what was needed to provide the different kinds of assistance. Where the personal data concerns the contact details of public officials such as honorary consuls, the personal data should be retained for as long as the person remains the relevant contact. The erasure of personal data of applicants should not affect Member States’ abilities to monitor the application of this Directive.
Or. en
Amendment 12
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive (EU) 2015/637
Article 7 – paragraph 2 a (new)
Text proposed by the Council
Amendment
2a. Where a crisis situation exists and where there exists a period of more than 48 hours for citizens to safely reach or be reached by the embassy or consulate of their Member State of nationality, the citizens shall be considered unrepresented.
Depending on the particularities of each assistance request and if the local circumstances pose a danger or make it impossible for the citizens to safely reach or be reached by the embassy or consulate of their Member State of nationality, the period of 48 hours shall not apply and the citizens shall be considered unrepresented.
Or. en
Justification
Where a crisis situation exists, the process leading to the recognition of an EU citizen as unrepresented should be kept as simple as possible : this general criteria will allow Member States and EU delegations to focus on providing protection to EU citizens by making the identification process to establish a list quasi-automatic.
Amendment 13
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 11 – paragraph 2 a (new)
Text proposed by the Council
Amendment
2a. The EEAS and Union Delegations shall be allocated the necessary financial and human resources to cover the overhead and additional horizontal administrative workload.
Or. en
Amendment 14
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 12 – paragraph 1 – point d
Text proposed by the Council
Amendment
(d) the organisation of joint consular exercises;
(d) the organisation of joint consular exercises at least on an annual basis or as often as necessary;
Or. en
Amendment 15
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 2 – point c a (new)
Text proposed by the Council
Amendment
(ca) arrangements pertaining to the support to be provided to citizens facing court proceedings, in urgent cases requiring immediate attention.
Or. en
Amendment 16
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 2 – subparagraph 2
Text proposed by the Council
Amendment
The joint contingency framework shall be updated when necessary in order to facilitate the protection of unrepresented Union citizens.
The joint contingency framework shall be updated annually, or as often as necessary in light of the local circumstances, in order to facilitate the protection of unrepresented Union citizens.
Or. en
Amendment 17
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 3 – subparagraph 2
Text proposed by the Council
Amendment
In third countries where no Union delegation is present, the coordination shall be done by the Chair of the local consular cooperation agreed pursuant to Article 12(3), supported by the EEAS.
In third countries where no Union delegation is present, the coordination shall be done by the Chair of the local consular cooperation agreed pursuant to Article 12(2), supported by the EEAS.
Or. en
Amendment 18
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 4 a (new)
Text proposed by the Council
Amendment
4a. Member States may, in accordance with their national laws, provide their citizens with the possibility to register with or to inform competent national authorities, by appropriate means and tools, of their travels to or residence in third countries.
Or. en
Amendment 19
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 5
Text proposed by the Council
Amendment
5. The EEAS shall support the exchange of information between Member States on crisis situations, including changes to their travel advice to citizens.;
5. The EEAS shall support the exchange of information between Member States on crisis situations, including the setting up of early detection and alert mechanisms on developing situations.;
Or. en
Amendment 20
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 5 a (new)
Text proposed by the Council
Amendment
5a. The EEAS shall, in close cooperation with Member States, provide consular crisis preparedness and response training to Union officials.
Or. en
Amendment 21
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2015/637
Article 13 a – paragraph 4 a (new)
Text proposed by the Council
Amendment
4a. At all stages of crisis situations, Member States shall exchange information relating to their travel advice to citizens and shall coordinate to ensure its consistency, using all appropriate means and tools. The EEAS shall support the Member States in the coordination of changes to their travel advice to citizens.
Or. en
Amendment 22
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/637
Article 13 c – paragraph 1
Text proposed by the 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 and proactive 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 or 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 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 for the citizens who have registered in accordance with Article 13(4a) of this Directive.
Or. en
Amendment 23
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/637
Article 14 – paragraph 5
Text proposed by the 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.
When the consular protection provided to an unrepresented citizen in the situations referred to in Article 9, points (a) to (c) and (e), 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. en
Amendment 24
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16a – paragraph 5
Text proposed by the Council
Amendment
5. The competent authorities of the Member States and Union institutions and bodies may process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, data concerning sex life or sexual orientation or personal data relating to criminal convictions and offences of a person in need of consular protection where doing so is strictly necessary to be able to carry out the tasks referred to in Article 9, Article 10, Article 11 and Article 13a in relation to that person.
5. The competent authorities of the Member States are empowered to process the special categories of personal data as defined by and within the remits of Article 9 of Regulation (EU) 2016/679 of the European Parliament and of the Council, as well as, if necessary, personal data relating to criminal convictions and offences of a person in need of consular protection, where doing so is strictly necessary to be able to carry out the tasks referred to in Article 9, Article 10, Article 11 and Article 13a in relation to that person.
Or. en
Amendment 25
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16a – paragraph 5 a (new)
Text proposed by the Council
Amendment
5a. Union institutions and bodies are empowered to process the special categories of personal data as defined by and within the remits of Article 10 of Regulation (EU) 2018/1725 of the European Parliament and of the Council, as well as, if necessary, personal data relating to criminal convictions and offences of a person in need of consular protection, where doing so is strictly necessary to be able to carry out the tasks referred to in Article 9, Article 10, Article 11 and Article 13a in relation to that person.
Or. en
Amendment 26
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16a – paragraph 7 – subparagraph 1
Text proposed by the 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 shall transfer personal data to a third country or international organisation only if it is of direct importance to their capacity 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
Amendment 27
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2015/637
Article 16a – paragraph 7 – subparagraph 2
Text proposed by the Council
Amendment
For the purposes of this Directive, Union institutions and bodies shall transfer personal data to a third country or international organisation only to carry out the tasks referred to in Article 10(1), Article 11 and Article 13a and in accordance with Chapter V of Regulation (EU) 2018/1725.
For the purposes of this Directive, Union institutions and bodies shall transfer personal data to a third country or international organisation only if it is of direct importance to their capacity to carry out the tasks referred to in Article 10(1), Article 11 and Article 13a and in accordance with Chapter V of Regulation (EU) 2018/1725.
Or. en
Amendment 28
Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive (EU) 2015/637
Article 19 – paragraph 3 – subparagraph 1
Text proposed by the Council
Amendment
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.
By [five 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. Further evaluations shall be carried out thereafter at appropriate intervals with a view to ensuring that this Directive remains up to date and addresses emerging needs and evolving situations.
Or. en