opinion parliamentary committee draft, 5 March 2024
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
Document JURI-PA-759733 · (COM(2023)0930 – C90015/2024 – 2023/0441(CNS))
Committee on Legal Affairs · Rapporteur: Gilles Lebreton
AI:In short
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.
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
- Cuts the maximum retention period for personal data collected on consular protection applicants from 24 to 18 months for the Member State of nationality.
- 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.
- Adds to consular cooperation the security of persons and property, respect for human dignity and prevention of discrimination based on nationality or European citizenship.
- 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.
- Keeps an estimate of available evacuation capacities among the relevant information in Article 13(1)(e).
- Requires Member States to provide information to the Commission in machine-readable format, and lets the Commission adopt implementing acts on that format.
- Specifies that the committee assisting the Commission is chaired by a Commission representative and composed of Member State representatives.
- 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.
- 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.
- 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.
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AMENDMENTS
The Committee on Legal Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to take the following into account:
Amendment 1
Proposal for a directive
Recital 43
| Text proposed by the Commission | Amendment |
|---|---|
| (43) It is necessary to further specify safeguards applicable to the personal data processed, such as the maximum retention period of personal data collected. To ensure the collection of any applicable costs, a maximum retention period of 12 months for the assisting Member State or Union institutions and bodies and 24 months for the Member State of nationality is necessary. The longer retention period applicable to the Member State of nationality is also necessary to prevent possible abuses or other fraudulent activities, including by persons who repeatedly seek consular protection and attempt to conceal such behaviour by approaching the consular authorities of different Member States. Finally, 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. | (43) It is necessary to further specify safeguards applicable to the personal data processed, such as the maximum retention period of personal data collected. To ensure the collection of any applicable costs, a maximum retention period of 12 months for the assisting Member State or Union institutions and bodies and 18 months for the Member State of nationality is necessary. The longer retention period applicable to the Member State of nationality is also necessary to prevent possible abuses or other fraudulent activities, including by persons who repeatedly seek consular protection and attempt to conceal such behaviour by approaching the consular authorities of different Member States. Finally, 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. fr
Justification
A retention period of 24 months seems too long given the sensitive nature of the data concerned and the other time limits laid down in the directive.
Amendment 2
Proposal for a directive
Article 1 – point 4
Read the rest (105 paragraphs)
Directive (EU) 2015/637
Article 11 – paragraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) facilitating the exchange of information between Member States’ embassies and consulates; | (b) facilitating, together with the EEAS headquarters, the exchange of information between Member States’ embassies and consulates; |
Or. fr
Justification
This mention of the role of the EEAS headquarters exists in Article 11 of Directive 2015/637. It seems inappropriate to delete it.
Amendment 3
Proposal for a directive
Article 1 – point 4
Directive (EU) 2015/637
Article 11 – paragraph 1 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) facilitating, where appropriate, the exchange of information with local authorities, diplomatic and consular authorities of third countries and international organisations; | (c) facilitating, together with the EEAS headquarters, where appropriate, the exchange of information with local authorities, diplomatic and consular authorities of third countries and international organisations; |
Or. fr
Justification
This mention of the role of the EEAS headquarters exists in Article 11 of Directive 2015/637. It seems inappropriate to delete it.
Amendment 4
Proposal for a directive
Article 1 – point 4
Directive (EU) 2015/637
Article 12 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the security and safety of Union citizens and on other matters relevant to them; | (a) the security of persons and property and the safety of Union citizens and on other matters relevant to them, such as respect for their human dignity and the prevention of possible discrimination based on their nationality or their European citizenship; |
Or. fr
Justification
Point (a) as proposed by the Commission is too vague.
Amendment 5
Proposal for a directive
Article 1 – point 4
Directive (EU) 2015/637
Article 12 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| Unless otherwise agreed by the consular authorities of the Member States, the Chair shall be a representative of the Union delegation. Where no Union delegation is present, meetings shall be chaired by a representative of a Member State. | The Chair shall be a representative of a Member State, acting in close cooperation with the Union delegation, or by a representative of the Union delegation, where expressly agreed by the consular authorities of the Member States. Where no Union delegation is present, meetings shall be chaired by a representative of a Member State. |
Or. fr
Justification
The Commission’s wording diverges too far from Article 12 of Directive 2015/637, which provides only for the meetings to be chaired by a representative of a Member State.
Amendment 6
Proposal for a directive
Article 1 – point 4
Directive (EU) 2015/637
Article 13 – paragraph 1 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) other relevant information. | (e) other relevant information, such as an estimate of available evacuation capacities. |
Or. fr
Justification
Article 13 of Directive 2015/637 refers to this estimate of ‘available evacuation capacities’, which it seems useful to keep irrespective of its inclusion in Article 13a.
Amendment 7
Proposal for a directive
Article 1 – point 6
Directive (EU) 2015/637
Article 13b – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Where requested by the Commission, Member States shall provide the information referred to in paragraph 1 in a machine-readable format. | 3. Where requested by the Commission, Member States shall provide to it the information referred to in paragraph 1 in a machine-readable format. |
Or. fr
Justification
This information has to be provided only to the Commission, in order to comply with the restriction laid down in paragraph 2.
Amendment 8
Proposal for a directive
Article 1 – point 6
Directive (EU) 2015/637
Article 13b – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Commission may adopt implementing acts establishing the specific machine-readable format in which the information referred to in paragraph 1 is to be provided. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15a(2). | 4. The Commission may adopt implementing acts establishing the specific machine-readable format in which the information referred to in paragraph 1 is to be provided to it. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15a(2). |
Or. fr
Justification
This information has to be provided only to the Commission, in order to comply with the restriction laid down in paragraph 2.
Amendment 9
Proposal for a directive
Article 1 – point 8
Directive (EU) 2015/637
Article 15a – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council*. | 1. The Commission shall be assisted by a committee chaired by one of its representatives and composed of representatives of the Member States. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council*. |
Or. fr
Justification
This clarification is essential to ensure citizens are better informed.
Amendment 10
Proposal for a directive
Article 1 – point 9
Directive (EU) 2015/637
Article 16a – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Personal data processed pursuant to paragraphs 1 and 2 shall be limited to what is necessary to carry out the tasks referred therein, such as the identity of the person in need of consular protection and the circumstances of the consular case. | 4. Personal data processed pursuant to paragraphs 1 and 2 shall be limited to what is strictly necessary to carry out the tasks referred therein, such as the identity of the person in need of consular protection and the circumstances of the consular case. |
Or. fr
Justification
The wording of paragraph 4 should be aligned with the wording in paragraph 5.
Amendment 11
Proposal for a directive
Article 1 – point 9
Directive (EU) 2015/637
Article 16a – paragraph 8
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The assisting Member State, the Member State of nationality and, where applicable, Union institutions and bodies shall retain the personal data of an assisted person only for as long as necessary to carry out the tasks referred to in paragraphs 1 and 2. In no case shall that personal data be retained longer than 12 months by the assisting Member State and Union institutions and bodies, or longer than 24 months by the Member State of nationality, from the date of collection. Contact details exchanged in accordance with Article 10(4) and Article 13b(1) shall only be retained for as long as the persons exercise the relevant function. | 8. The assisting Member State, the Member State of nationality and, where applicable, Union institutions and bodies shall retain the personal data of an assisted person only for as long as necessary to carry out the tasks referred to in paragraphs 1 and 2. In no case shall that personal data be retained longer than 12 months by the assisting Member State and Union institutions and bodies, or longer than 18 months by the Member State of nationality, from the date of collection. Contact details exchanged in accordance with Article 10(4) and Article 13b(1) shall only be retained for as long as the persons exercise the relevant function. |
| The personal data shall be erased as soon as possible after the tasks referred to in paragraph 1 or 2 have been completed and at the latest upon the expiry of the retention periods referred to in the first subparagraph. | The personal data shall be erased as soon as possible after the tasks referred to in paragraph 1 or 2 have been completed and at the latest upon the expiry of the retention periods referred to in the first subparagraph. |
Or. fr
Justification
A retention period of 24 months seems too long given the sensitive nature of the data concerned and the other time limits laid down in the directive.
Amendment 12
Proposal for a directive
Article 1 – point 9
Directive (EU) 2015/637
Article 16b
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that unrepresented citizens have an effective remedy under national law in the event of a breach of their rights under this Directive. | Member States shall ensure that unrepresented citizens have an effective remedy under national law in the event of a breach of their rights under this Directive. If that remedy is not a judicial remedy, it must be possible to appeal the decision of the non-judicial body before a court or an independent body. |
Or. fr
Justification
Only an appeal to an independent body fully ensures that the rights conferred by this Directive are upheld.
Amendment 13
Proposal for a directive
Article 1 – point 10
Directive (EU) 2015/637
Article 19 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| in Article 19, the following paragraph 3 is added: | in Article 19, the following paragraph 3 is added: |
| ‘3. 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. | ‘3. No sooner than five years and no later than seven 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. |
| Member States shall provide the Commission with the information necessary for the preparation of that report.’; | Member States shall provide the Commission with the information necessary for the preparation of that report.’; |
Or. fr
Justification
The proposed eight-year period is far too long.