Activities of Nicola DANTI related to 2023/0311(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council establishing the European Disability Card and the European Parking Card for persons with disabilities.
Amendments (63)
Amendment 30 #
Proposal for a directive
Recital 3
Recital 3
(3) Every citizen of the Union has the fundamental right to move and reside freely within the territory of the Member States, with the easiest possible access to public and private means of transport, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give effect to them.
Amendment 31 #
Proposal for a directive
Recital 6
Recital 6
(6) The UNCRPD recognises that the interaction of persons with disabilities’ impairments with various physical, administrative, technological, societal and infrastructural barriers can result in discriminatory treatments. The purpose of the UNCRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect of their inherent dignity, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure accessibility to persons with disabilities.
Amendment 34 #
Proposal for a directive
Recital 7
Recital 7
(7) The European Pillar of Social Rights, proclaimed by the European Parliament, the Council and the European Commission at Gothenburg on 17 November 201740 provides that everyone, inter alia regardless of disability, has the right to equal treatment and opportunities regarding, among others, access to goods and services available to the public (principle 3). In addition, the European Pillar of Social Rights recognises that persons with disabilities have the right to services that enable them to participate in society (principle 17)and economy as well as to a work environment fit to their needs. _________________ 40 Interinstitutional Proclamation on the European Pillar of Social Rights, OJ C 428, 13.12.2017, p. 10.
Amendment 39 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) This Directive lays down the rules governing the issuance of the European Disability Card and the European Parking Card for persons with disabilities replacing the equivalent national disability certificate, card or other formal documents recognising the applicant’s disability status.
Amendment 40 #
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9 b) Therefore, a progressive upward harmonisation of the national frameworks related to the recognition of a disability status and issuance of a disability card and parking certificate should be foreseen. This would speed up the process of limiting the national discrepancies regarding the accessibility and validity of the disability card and parking certificate between Member States, thus strengthening the effectiveness of the EU Disability Card and of the EU Parking Card for persons with disabilities.
Amendment 41 #
Proposal for a directive
Recital 10
Recital 10
(10) Due to the lack of mutual recognition of disability status between Member States, persons with disabilities mayoften face specific and significant difficulties when exercising their fundamental rights of equal treatment, non-discrimination and free movement.
Amendment 43 #
Proposal for a directive
Recital 11
Recital 11
Amendment 48 #
Proposal for a directive
Recital 12
Recital 12
(12) However, pPersons with recognised disability status travelling to or, visiting for a short period of time, studying or working in a Member States other than the Member State in which they reside, maregularly encounter significant difficulties and barriers, if their disability status is not recognised in the Member State they travel to or visit and if they do not hold a certificate, disability card or any other formal document recognising their disability status in the host Member State, in order to benefit from special conditions and/or preferential treatment offered there.
Amendment 50 #
Proposal for a directive
Recital 13
Recital 13
(13) In this case, persons with disabilities travelling to or, visiting or moving to another Member State are put at a disadvantage when exercising their free movement rights as compared to persons with disabilities holding a disability certificate, a disability card or any other formal document recognising their disability status in the Member State they travel to or visit, visit or move to.
Amendment 53 #
Proposal for a directive
Recital 14
Recital 14
(14) Furthermore, not knowing whether and, if so, to what extent their disability status and formal documents recognising this status may be recognised when travelling to or visit, visiting or moving to another Member State, creates significant uncertainty for them. Ultimately, persons with disabilities may be deterred from exercising their rights of free movement.
Amendment 56 #
Proposal for a directive
Recital 15
Recital 15
(15) Alongside physical and other barriers in accessing both public and private spaces, high expenses are a key factor discouraging many persons with disabilities from travel48 , because they have specific needs and may also require person(s) accompanying or assisting them including those recognised as personal assistant(s) in accordance with national legislation or practices, making their travel costs higher than for persons without disabilities49 . The lack of recognition of disability status in other Member States might limit their access to special conditions, such as free access or reduced tariffs, priority spots in public transports, or clearly visible and reserved parkings, or preferential treatment and has an, thus having a negative impact on their travel costs, lives and, choices and personal autonomy. _________________ 48 Findings from Final Report based on Survey targeted at EU-level CSOs; Shaw and Coles, ‘Disability, holiday making and the tourism industry in the UK: a preliminary survey’, 25(3) Tourism Management (2004) 397-403; Eugénia Lima Devile and Andreia Antunes Moura (2021), Travel by People With Physical Disabilities: Constraints and Influences in the Decision-Making Process. 49 McKercher and Darcy (2018), Re- conceptualizing barriers to travel by people with disabilities, Tourism Management Perspectives, 59-66. [More for Explanatory Memorandum?]
Amendment 58 #
(16) Preferential treatment (such as personal assistance, priority access, etc.) offered with or without remuneration may beis very often important for persons with disabilities to be able to access various services, activities or facilities and to better experience them. However, due to the lack of mutual recognition, in the Member State they visit or travel or move to, of their disability status and of formal documents recognising this status issued in other Member States, persons with disabilities may not be able to benefit from the special conditions or preferential treatment offered by private operators or public authorities in that Member State to holders of a disability certificate, disability card or any other formal document recognising their disability status issued there. This is leading to a limitation de facto of their freedom of movement.
Amendment 60 #
Proposal for a directive
Recital 17
Recital 17
(17) The Pilot Project on the EU Disability card launched in 2016 and carried out in eight Member States, demonstrated the advantages for persons with disabilities in accessing services in the areas of culture, leisure, sport, and, in some cases, transport, and supporting their cross- border movement in the EU for a short period50 . In addition, it included other examples of services, activities, transport infrastructure and facilities which offer special conditions or preferential treatment to persons with disabilities. _________________ 50 See also the Final Report of the Study assessing the implementation of the pilot action on the EU Disability Card and associated benefits, published in May 2021, https://op.europa.eu/en/publication- detail/-/publication/4adbe538-0a02-11ec- b5d3-01aa75ed71a1/language-en.
Amendment 63 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to facilitate the access by persons with disabilities to special conditions or preferential treatment related to services, activities, transport infrastructure and facilities, including when provided not for remuneration, in other Member States, remaining infrastructural, legal, economic and administrative barriers andor difficulties in travelling to or visiting another Member State due to the lack of mutual recognition of their disability status and of formal documents recognising this status issued in other Member States and parking rights should be removed.
Amendment 66 #
Proposal for a directive
Recital 21
Recital 21
(21) Therefore, in view of facilitating the exercise by persons with disabilities when travelling to or visiting, visiting or moving to another Member State for a short period, of the rights to access special conditions or preferential treatment offered by private operators or public authorities without discrimination on grounds of nationality on the same basis as persons with disabilities in that Member State, and in view of facilitating the use of all means of transport and benefiting from parking conditions and facilities reserved for persons with disabilities on the same basis as in that Member State, it is necessary to establish the framework, rules and common conditions, including a common ,standardised model, for a European Disability Card as proof of recognised disability status and for a European Parking Card for persons with disabilities, as proof of their recognised right to parking conditions and facilities reserved for persons with disabilities.
Amendment 68 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21 a) Persons with disabilities visiting, travelling or moving to other Member States for tourism, employment, study or other purposes, should have their disability status automatically recognised by the competent authorities in the other Member State in view of their possession of the European Disability Card and/or European Parking Card for persons with disabilities.
Amendment 69 #
Proposal for a directive
Recital 22
Recital 22
(22) Mutual and automatic recognition of the European Disability Card and the European Parking Card for persons with disabilities should facilitate and guarantee persons with recognised disability status in a Member State, access to special conditions or preferential treatment offered by private operators or public authorities in a variety of services, activities and facilities, including when not provided for remuneration, as well as access to parking conditions and facilities reserved for persons with disabilities, on equal terms and conditions as those provided for on the basis of national certificates, disability cards or other formal documents recognising disability status and parking cards for persons with disabilities issued by the competent authorities in the host country.
Amendment 71 #
Proposal for a directive
Recital 23
Recital 23
(23) Beside parking conditions, infrastructure and facilities, the services, activities and facilities covered by this Directive concern a wide variety of ever- changing activities, including activities provided not for remuneration, by public authorities or private operators, either on a mandatory (on the basis of national/local rules or legal obligations) but often also on a voluntary basis (in particular by private operators) in a variety of policy domains, such as culture, leisure, tourism, sports, public and private transport, education.
Amendment 72 #
Proposal for a directive
Recital 24
Recital 24
(24) Examples of special conditions or preferential treatment include free access, reduced tariffs, reduced fees or user charges for toll roads/bridges/tunnels, priority access, access to restricted traffic zones and pedestrian zones, priority seats in public transports, designated seats in parks and other public areas, accessible seating in cultural or public events, personal assistance, assistance animals, assistance on the beach to enter the water, support (such as access to braille, audio guides, sign language interpretation), provisions of aids or assistance, loan of a wheelchair, zero or reduced interest rate loan of a floating wheelchair, obtaining tourist information in accessible formats, using a mobility scooter on roads or a wheelchair in bike lanes without a fine, etc. Parking conditions and facilities include extended parking or reserved parking spaces. With respect to passenger transport services, in addition to the special conditions or preferential treatment offered to persons with disabilities, in accordance with national legislation or practices, assistance animals, personal assistants or other persons accompanying or assisting persons with disabilities (or reduced mobility) mayshould be entitled to travel free of charge or be seated, where practicable next to the person with disabilities. Persons accompanying or assisting persons with disabilities are designated by the person with disabilities themselves and can change on an ad hoc basis depending on their needs.
Amendment 76 #
Proposal for a directive
Recital 25
Recital 25
(25) The issuance of the European Disability Card and the European Parking Card for persons with disabilities in a Member State is to be determined by this Directive together with that Member State’s applicable procedures and competences for the assessment and recognition of disability status and parking rights for persons with disabilities. The issuance of the European Disability Card and the European Parking Card for persons with disabilities should always be free of charge.
Amendment 79 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27 a) In order to strengthen the utility and impact of the European Parking Card for persons with disabilities, the Commission should establish a publicly available EU database, based on information provided by the Member States, in order to inform persons with disabilities of the different parking conditions and facilities offered for persons with disabilities in each Member State and its regions, cities, and municipalities.
Amendment 81 #
Proposal for a directive
Recital 28
Recital 28
(28) The Member State responsible for issuing the European Disability Card or the European Parking Card for persons with disabilities should be the one where the person habitually resides within the meaning of Regulations (EC) Nos 883/2004 of the European Parliament and of the Council54 and (EC) No 987/2009 of the European Parliament and of the Council55 and received the assessment of their disability status. Holders of a European Disability Card or European Parking Card for persons with disabilities should always be able to use the cards during their stay in any other Member State, as well as in any means of transport. _________________ 54 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1) 55 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).
Amendment 84 #
Proposal for a directive
Recital 29
Recital 29
(29) In order to guarantee that workers with disabilities can effectively exercise their rights to free movement fully and also enjoy services, activities, transport infrastructure and facilities offered by Member States, including when provided not for remuneration, the European Disability Card and the European Parking Card for persons with disabilities should also be available to workers who travel to or visit another Member State for work- related purposes, including frontier and cross-border workers with disabilities.
Amendment 86 #
Proposal for a directive
Recital 30
Recital 30
(30) The envisaged framework for mutual and automatic recognition of the European Disability Card and the European Parking Card for persons with disabilities does not impinge on the competences of a Member State to assess and recognise the disability status and to grant further special conditions, such as free access, reduced tariffs or preferential treatment for persons with disabilities and/or person(s) accompanying or assisting them including personal assistant(s). It does not cover social security benefits, social protection or social assistance covered by Article 24(2) of Directive 2004/38/EC of the European Parliament and of the Council56 . _________________ 56 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union. In exceptional circumstances, such social benefits, protection and assistance should be covered in certain time-limited instances, either when moving to and otheir family members to move and reside freely within the territory of the Member SMember State for work or study or while participating in EU mobility programmes such as Erasmus+, to allow for the temporary continued recognition of a person’s disability stateus amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, OJ L 158, 30.4.2004, p. 77nd consequent access to their social rights and assistance while they are undergoing the reassessment process to have their disability recognised by the new Member State.
Amendment 93 #
Proposal for a directive
Recital 35
Recital 35
(35) Member States should ensure that adequate and effective means exist to ensure compliance with this Directive and should therefore establish appropriate remedies, including checks on compliance and administrative and judicial procedures, to guarantee that persons with disabilities, person(s) accompanying or assisting them including personal assistant(s), as well as public bodies, such as Equality Bodies, or private associations, organisations, in particular organizations representing persons with disabilities, or other legal entities which have a legitimate interest may take action on behalf of a person with disabilities under national law.
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the rules governing the issuance of the European Disability Card and the European Parking Card for persons with disabilities as proof respectively of a disability status or of a right to parking conditions and facilities reserved for persons with disabilities, in view of facilitating short stays of persons with disabilities in a Member State other than that of which they are a resident, by granting them access to any special conditions or preferential treatment with respect to services, activities, transports or facilities, including when provided not for remuneration, or parking conditions and facilities offered to or reserved for persons with disabilities or person(s) accompanying or assisting them including their personal assistant(s);
Amendment 98 #
Proposal for a directive
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(a a) the rules governing the issuance of the European Parking Card for persons with disabilities as proof of a right to parking conditions and facilities reserved for persons with disabilities, in view of facilitating stays of persons with disabilities in a Member State other than that of which they are a resident, by granting them access to any parking conditions and facilities offered to or reserved for persons with disabilities or person(s) accompanying or assisting them including their personal assistant(s);
Amendment 100 #
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) common templates for the European Disability Card and the European Parking Card for persons with disabilities, which shall replace the equivalent national disability certificate, card or other formal documents recognising the applicant’s disability status.
Amendment 106 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. The exemption set out in paragraph 2 shall not apply in the following instances in order to ensure equal treatment and opportunities between national and other Union citizens with disabilities: (a) where a person with disabilities moves to another Member State to engage in an employment contract or enrol in an educational institution until such time as their disability status is re-assessed and formally recognised by the competent authorities in the other Member State or (b) where a person with disabilities participates in an EU mobility programme, such as Erasmus+ and European Solidarity Corps
Amendment 109 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Directive does not affect Member States’ competence to determine the conditions for assessing and recognising disability status, or for granting the right to parking conditions and facilities reserved for persons with disabilities. It does not affect Member States’ competence to issue in addition at national, regional or local level, a certificate, a disability card or any other formal document for persons with disabilities.
Amendment 111 #
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
4. This Directive does not impinge on national competences to grant or require to grant additional special benefits or specific, preferential conditions, such as free access, reduced tariffs, or preferential treatment for persons with disabilities and, where provided, for person(s) accompanying or assisting them including their personal assistant(s).
Amendment 116 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) “persons with disabilities” means persons who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society and economy on an equal basis with others;
Amendment 120 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) “special conditions or preferential treatment” means specific conditions, including those related to financial conditions, or differentiated treatment related to assistance and support such as free access, reduced tariffs, priority access, access to restricted traffic zones and pedestrian zones, priority seats in public transports, offered to persons with disabilities and/or, when applicable, to person(s) accompanying or assisting them including personal assistant(s) or assistance animals recognised in accordance with the national legislation or practices as such, irrespective whether provided on a voluntary basis or imposed by legal obligations;
Amendment 126 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) Union citizens and family members of Union citizens, as well as third country nationals that have permanent residence status in a Member State of the European Union whose disability status is recognised by the competent authorities in the Member State of their residence by means of a certificate, a card or any other formal document issued in accordance with national competences, practices, and proceduresEuropean Disability Card issued in accordance with this directive, as well as, when applicable, to person(s) accompanying or assisting them including personal assistant(s),
Amendment 128 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) Union citizens and family members of Union citizens, as well as third country nationals that have permanent residence status in a Member State of the European Union whose rights to parking conditions and facilities reserved for persons with disabilities are recognised in their Member State of residence by way of a parking card or another document issued in accordance with national competences, practices, and procedures as well as, when applicable, to person(s) accompanying or assisting them including personal assistant(s).
Amendment 134 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that holders of a European Disability Card, while travelling to or, visiting or moving to a Member State other than that of which they are a resident, shall be granted access on equal terms and conditions as those provided to persons with disabilities who are holders of a disability cho have had recognition and vertificate, disability card or any other formal document recognisingion of their disability statuies in that Member State, to any special conditions or preferential treatment offered with respect to the services, activities and facilities referred to in Article 2(1) or situations referred to in Article 2(2a).
Amendment 140 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall introduce the European Disability Card following the common standardised and accessible format set out in Annex I. Member States shall introduce digital features in physical cards using electronic means addressing fraud- prevention as part of the European Disability Card, as soon as the requirements concerning the digital features referred to in Annex I, are laid down by the Commission in the technical specifications referred to in Article 8. The digital storage medium shall not contain more personal data than the data provided for the European Disability Card in Annex I.
Amendment 145 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. With a view to ensure equal treatment of persons with disabilies across the EU, by 31/12/2026 the Commission shall assess all possibilities to gradually harmonise national frameworks, eligibility criteria, conditions, or assessment procedures to obtain a disability status as well as the relative renewal and withdrawal of the European Disability Card, and shall present a report to the European Parliament and to the Council. The report referred to in the paragraph above shall, as appropriate, be accompanied by a legislative proposal, including an impact assessment, in particular with a view to gradually harmonise national frameworks related to the issuance, renewal and withdrawal of the disability status.
Amendment 150 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The European Disability Card shall be issued or renewed by the Member State of residence directly or upon application by the person with disabilities. It shall be issued and renewed within the same period set in the applicable national legislation for issuing disability certificates, disability cards or any other formal document recognisfree of charge for the beneficiary and within a reasonable period set ing the disability status of a person with disabilitiesapplicable national legislation.
Amendment 151 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. Member States shall ensure that persons with disabilities, or designated representatives acting on their behalf and with their approval, may appeal a decision by the competent authorities regarding the issuance or renewal of an European Disability Card.
Amendment 154 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The European Disability Card shall be issued as a physical card and shall be complemented by a digital format upon adoption of the delegated acts referred to in paragraph 7. Persons with dHolders of a European Disabilitiesy Card shall be given the option to use either the digital or physical card, or both.
Amendment 156 #
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The validity of the European Disability Card issued by a Member State shall be at least for the same duration as that of the disability certificate, disability card or any other formal document with the longest duration recognising their disability status issued to the person concerned by the competent authority of the Member State in its territorylast for a minimum of 5 years.
Amendment 161 #
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The Commission is empowered to adopt delegated acts in accordance with Article 11 to supplement this Directive in order to set the digital format of the European Disability Card and ensure interoperability, and to amend Annex I in order to modify the common features of the standardised and accessible format, adapt the format to technical developments, introduce digital features in order to prevent forgery and fraud, address abuse or misuse and ensure interoperability.
Amendment 165 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shall introduce the European Parking Card for persons with disabilities following the common standardised and accessible format set out in Annex II. Member States shall introduce digital features in physical cards using electronic means addressing fraud- prevention as part of the European Parking Card for persons with disabilities, as soon as the requirements concerning the digital features referred to in Annex II, are laid down by the Commission in the technical specifications referred to in Article 8. The digital storage medium shall not contain more personal data than the data provided for the European Disability Card in Annex II.
Amendment 169 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. With a view to ensure equal treatment of persons with disabilities across the EU, by 31/12/2026 the Commission shall assess all possibilities to gradually harmonise national frameworks, eligibility criteria, conditions, or assessment procedures to obtain a disability status as well as the relative renewal and withdrawal of the European parking Card, and shall present a report to the European Parliament and to the Council. The report referred to in the paragraph above shall, as appropriate, be accompanied by a legislative proposal, including an impact assessment, in particular with a view to gradually harmonise national frameworks related to the issuance, renewal and withdrawal of the disability status.
Amendment 172 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The European Parking Card for persons with disabilities shall be issued or renewed by the Member State of residence upon application by the person with disabilities. It shall be issued or renewed free of charge for the beneficiary within a reasonable period from the date of the application which shall not exceed 60 days.
Amendment 175 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. Member States shall ensure that persons with disabilities, or designated representatives acting on their behalf and with their approval, may appeal a decision by the competent authorities regarding the issuance or renewal of an European Parking Card.
Amendment 178 #
Proposal for a directive
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. The Commission shall establish a publicly available EU database where relevant information related to the applicable parking conditions, infrastructure and facilities, as defined at local, regional, or national level in each Member State, can be found. The database shall be available in all EU languages and in accessible formats. Member States shall ensure public authorities upload this information to the database and update it where necessary.
Amendment 188 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall make the conditions and rules, practices, and procedures to issue, renew or withdraw a European Disability Card and a European Parking Card for persons with disabilities publicly available in accessible formats, including in digital formats, national sign languages and easy-to-read formats, and upon request in assistive formats requested by persons with disabilities.
Amendment 194 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States, in coordination with the European Commission, shall take appropriate measures to raise awareness among the public and inform persons with disabilities, including in accessible ways, about the existence and conditions to obtain, use, or renew the European Disability Card and the European Parking Card for persons with disabilities.
Amendment 196 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. Any measures taken to avoid risk of forgery or fraud shall have due regard and consideration to the rights of persons with disabilities and shall not result in any interference with the legitimate interests of persons with disabilities in the use of either card or lead to their stigmatisation.
Amendment 198 #
Proposal for a directive
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6 a. Member States shall take the necessary measures to ensure that private operators and public authorities apply to holders of a European Disability Card and a European Parking Card for people with disabilities the same special conditions or preferential treatment as that offered to a citizen resident in the Member State who has been recognised as having a disability, and provide for the sanctions applicable in the event of a breach of this obligation.
Amendment 199 #
Proposal for a directive
Article 9 – paragraph 7
Article 9 – paragraph 7
7. The information referred to in paragraph 1 and 2 of this Article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible way, including through an official website from the European Union available in all the EU languages, private operators’ or public authorities’ official website where available, or by other suitable means, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882.
Amendment 202 #
Proposal for a directive
Article 9 – paragraph 7 a (new)
Article 9 – paragraph 7 a (new)
7 a. Member States shall ensure that appropriate funding is made available to cover the cost of the administrative procedures, the physical issuing of the Cards, the information provision, and the awareness raising campaign, and other related costs.
Amendment 213 #
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) provisions whereby public bodies or private associations, organisationssuch as Equality Bodies, organisations, in particular representative organisations of persons with disabilities, or other legal entities which have a legitimate interest in ensuring that the provisions of this Directive are complied with may take action in accordance with national law and procedures before the courts or before the competent administrative bodies on behalf or in support of a person with disabilities, with his or her approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive.
Amendment 216 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to public and private operators as well as service providers for violations of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented.
Amendment 220 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that private operators or public authorities make information on any special conditions or preferential treatment pursuant to Article 5 publicly available in accessible, clear, comprehensive, digital and user-friendly formats.
Amendment 221 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1 a. Member States shall establish a single dedicated EU official website with all the special conditions or preferential treatments offered by public authorities and private operators, where available.
Amendment 223 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall support and encourage private operators or public authorities to voluntarily provide special conditions or preferential treatment for persons with disabilities.
Amendment 226 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. By dd/mm/yy [threewo years after the date of application of this Directive], and every fiveour years thereafter, the Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.
Amendment 228 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall adopt and publish, by dd/mm/yy [within 182 months after the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 233 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. They shall apply those provisions from dd/mm/yy [3024 months from the date of entry into force of this Directive].
Amendment 239 #
Proposal for a directive
Annex II – point 3 – point b – indent 1
Annex II – point 3 – point b – indent 1
– in capital letters, the words ‘European Parking Card for persons with disabilities’ in the language(s) of the Member State issuing the card and in braille using the Marburg code dimensions; after a suitable space, it shall appear in small type in the other languages of the European Union;