20 Amendments of Tanja FAJON related to 2011/0432(CNS)
Amendment 42 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 46 thereof,
Amendment 46 #
Proposal for a directive
Recital 8
Recital 8
(8) Citizens of the Union are unrepresented if their Member State of nationality does not have an accessible embassy or consulate in a third country or accessing the embassy or consulate would present the citizen of a given Member State with unnecessary use of precious time and financial resources in cases of emergency. The notion of accessibility should be interpreted with a view to safeguarding the protection of citizens.
Amendment 48 #
Proposal for a directive
Recital 9
Recital 9
(9) In accordance with the right to respect for private and family life as recognised in Article 7 of the Charter of Fundamental Rights of the European Union, the assisting Member State should provide protection to third country family members of citizens of the Union under the same conditions as to third country family members of its own nationals. Any definition as to which persons are family members should draw inspiration from Articles 2 and 3 of the Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. Member States may not be in a position to deliver all types of consular protection to third country family members, notably emergency travel documents are not being issued. However, Member States should undertake all actions in their power to secure the integrity of the citizen's family. In accordance with Article 24 of the Charter, the best interests of the child, as provided for in the United Nations Convention on the Rights of the Child of 20 November 1989, should be a primary consideration.
Amendment 52 #
Proposal for a directive
Recital 10
Recital 10
(10) UnrepresentedAll EU citizens should be able, under certain conditions, to freely choose the embassy or consulate from which they seek consular protection. Member States should be able toand Union delegations may enter arrangements on burden-sharing. However such arrangements should be transparent for the citizen and should not jeopardize effective consular protection. Any such arrangement should be notified to the Commission and published on its dedicated website and the websites of the Member States entering such arrangements.
Amendment 55 #
Proposal for a directive
Recital 11
Recital 11
(11) The traditions regarding the competences of honorary consuls diverge among Member States. Honorary consuls are generally in a position to perform very limited consular tasks. Honorary consuls should only in exceptional circumstances be regarded as equivalent to accessible embassies and consulates present in a third country on a permanent basis within the scope of their competences pursuant to national law and practices.
Amendment 57 #
Proposal for a directive
Recital 12
Recital 12
(12) Protection should be provided if applicants establish that they are citizens of the Union. Unrepresented citizens in need of consular protection may no longer be in possession of their identity documents. The fundamental status of citizenship of the Union is conferred directly by Union law and identity documents are of merely declaratory value. If applicants are unable to provide identity documents, they should therefore be able to prove their identity by any other means, if necessary following verification with the authorities of the Member State of which the applicant claims to be a national. The assisting Member State shall guarantee that unrepresented citizens are provided with the necessary means for verifying their identity.
Amendment 58 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18 a) The Member States should consider establishing a "trust fund" for consular protection, from which the embassy or consulate of the assisting Member State could advance its expenses for assisting an unrepresented citizen and into which the Member States of the assisted unrepresented citizen should reimburse the financial advance. The Commission, acting in cooperation with the Member States, should establish clear rules, defining the division of financial burdens for the proper functioning of such a fund.
Amendment 59 #
Proposal for a directive
Recital 21
Recital 21
(21) In the event of crisis adequate preparation and a clear division of responsibilities are essential. Crisis contingency planning should therefore fully include unrepresented citizens and national contingency plans should be coordinated. The concept of the Lead State should be further developed in that contextEEAS should be responsible for coordination and contingency planning in crisis situations. The Union delegations, the Member States and EEAS should take all necessary steps to inform the citizens about contingency planning.
Amendment 64 #
Proposal for a directive
Article 1
Article 1
This Directive lays down the cooperation and coordination measures necessary to facilitate the exercise of the rightprotection of citizens of the Union, in the territory of a third country in which the Member State of which they are nationals is not represented or the services of their Member States are not accessible under regular conditions, to protection by the diplomatic or consular authorities of another Member State on the same conditions as the nationals of that Member State.
Amendment 67 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Every citizen holding the nationality of a Member State of the Union which is not represented by a diplomatic or consular authority in a third country or which is represented but accessing his or her diplomatic or consular authority presents the citizen with unnecessary use of precious time and financial resources in cases of emergency, hereafter ‘unrepresented citizen’, shall be entitled to protection by the diplomatic or consular authorities of another Member State under the same conditions as its nationals.
Amendment 69 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Citizens holding the nationality of more than one Member State of the Union are unrepresented if none of their Member States of nationality is represented by a diplomatic or consular authority in a third country or accessible under regular conditions.
Amendment 73 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Amendment 74 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Honorary consuls shall be regarded as equivalent to accessible embassies or consulates within the scope of their competences pursuant to national law and practices only in exceptional circumstances.
Amendment 82 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. These arrangements do not in any way influence the protection of citizens of the Union as provided by this directive.
Amendment 84 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. If the citizen of the Union is unable to produce a valid passport or identity card, nationality may be proven by any other means, if necessary following verification with the diplomatic and consular authorities of the Member State of which the applicant claims to be a national. The assisting Member State shall guarantee that the citizen is provided with the necessary means for verifying his or her identity.
Amendment 86 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The consular protection referred to in paragraph 1 shall include assistance at the least in the following situations
Amendment 92 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) visit the citizen, secure and monitor minimum standards of treatment in prison;
Amendment 94 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The embassy or consulate shall report to the citizen's Member State of nationality following any of its visits of the citizen and upon monitoring of minimum standards of treatment in prison. It shall immediately inform the citizen's Member State of nationality about any complaints of ill- treatment and inform the citizen's Member State on the actions taken in order to prevent such ill-treatment and secure the minimum standards of treatment in prison.
Amendment 98 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. To ensure comprehensive preparedness local contingency planning shall include unrepresented citizens. Member States representedThe Union delegation in a third country shall coordinate the contingency plans among themselves and with the Union delegation Member States represented in a third country with the Member States not represented in a third country. They shall agree on respective tasks to ensure that unrepresented citizens are fully assisted in case of crisis, appoint representatives for assembly points and inform unrepresented citizens on crisis preparedness arrangements under the same conditions as nationals.
Amendment 100 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In the event of a crisis Member States and the Unionthe Union delegation and all the Member States shall closely cooperate to ensure efficient assistance of unrepresented citizens. Member States and the Union delegation shall inform each other about available evacuation capacities in a timely manner. Upon request Member States mayshall be supported by existing intervention teams at Union level including consular experts, in particular from the unrepresented Member States.