Activities of Abir AL-SAHLANI 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 (79)
Amendment 1 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) Whereas the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular in its Articles 3, 6, 7, 8, 14, 15, 16, 20, 21, 23, 24, 25, 26, 31, 34, 35, 36, 41, 42, 45, and 47, brings together the most important personal freedoms and rights, including for persons with disabilities, (2b) Whereas The resolution of 13 December 2022 entitled ‘Towards equal rights for persons with disabilities1a, states the importance and need to have an EU disability card, (2c) Whereas the resolution of 4 October 2023 entitled ‘Harmonising the rights of autistic persons2a, highlights the importance of the proposal on the EU disability card, __________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0435_EN.html 2a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0343_EN.html
Amendment 3 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3 b) The equality and non- discrimination mandate contained in Article 5 of the CRPD is relevant, as the European Disability Card is meant to accelerate the equality of persons with disabilities through their mutual recognition within the EU. There is a need to approach mobility and free movement in a gender sensitive way so that this legislation contributes to recognising the rights of women and girls with disabilities, mothers and caregivers of persons with disabilities and adopting an intersectional approach in protecting them from discrimination. It is imperative to recognize that women and girls with disabilities are affected by discrimination in many areas of life including social isolation, lack of access to community services, low-quality housing, institutionalisation and inadequate healthcare which hampers them from contributing and engaging actively in society. Women with disabilities are 10 times more likely to experience physical or sexual assault than women without disabilities and therefore information on the access to specialized support services should be made available for those women with disabilities having suffered any form of gender based violence. Overall, the situation for women and girls with disabilities is worse than those of men and boys with disabilities, with this being accentuated for example in rural areas where access to services and opportunities in general is much more limited. Any person with a factual disability, according to the meaning stated in Article 1 of the CRPD, when they reside or move in an EU Member State other than their own, should have their disability status recognised.
Amendment 4 #
Proposal for a directive
Recital 6
Recital 6
(6) 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. In its article 6, the UNCRPD specifically recognises that women and girls with disabilities are subject to multiple discrimination, due in many cases to the intersection of gender and disability, which impacts all spheres of their life including their mobility experiences requiring State parties to “take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms” and ensure the full development, advancement and empowerment of women. Women with disabilities often face intersectional forms of discrimination, and thus EU legislation need to integrate an intersectional approach in order to properly address exclusion and discrimination from a comprehensive, systemic and structural perspective; EU Member States are bound by the UNCRPD, however there are significant differences between the countries’ implementation1a. There is a need to progress on equality for persons with disabilities in all countries, for example through investments in infrastructure, capacity building and awareness raising campaigns. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure universal accessibility to persons with disabilities., as for instance to the ones with functional illiteracy mostly affecting women, especially in regards to the current directive, and to ensure that persons with disabilities enjoy personal mobility with the greatest possible independence. (6 a) It is necessary to acknowledge that women and girls with disabilities face increased risk of violence and abuse, including sexual abuse, and have heightened vulnerability on account of their sex, age and disability, (6 b) Figures clearly show that caregivers of disabled people are in their vast majority women and that therefore a gender sensitive approach has to be applied also when considering the caregivers side. __________________ 1a Implementing the UN Convention on the Rights of Persons with Disabilities, https://fra.europa.eu/sites/default/files/fra _uploads/fra-2023-uncrpd-human-rights- indicators_en.pdf
Amendment 5 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) (6a) Whereas data from the European Institute for Gender Equality1a shows that in the EU, 20% of women with disabilities are in full-time employment, comparing to 29% of men with disabilities and 48% of women without disabilities. 22% of women with disabilities are at risk of poverty, comparing to 20% of men with disabilities and 16% of women without disabilities. 17% of women with disabilities graduate tertiary education, comparing to 18% of men with disabilities and 32% of women without disabilities. 11% of women with disabilities have unmet needs for medical examination, comparing to 10% men with disabilities and 3% women without disabilities; whereas there are approximately 46 million women and girls with disabilities in the EU, comprising about 16% of its total female population and representing 60% of the overall population of persons with disabilities1b; therefore a gender- sensitive approach has to be applied when establishing a European Disability Card, and following the specific recommendations adopted by the CRPD Committee on the initial report of the EU in 2015, in particular, the mainstreaming of women and girls with disabilities perspective must be at the centre of the EU Gender Equality strategy, together with policies and programmes and a gender perspective in its Disabilities strategy. The Committee also recommended that the European Union develops actions to advance the rights of women and girls with disabilities by establishing a mechanism to monitor progress and support funding data collection and research on women and girls with disabilities1c; whereas the European Commission and EU Member States shall ensure that gender disaggregated data is collected to elaborate a gender impact assessment of the Directive and guarantee its gender- mainstreamed revision in the future. __________________ 1a Intersecting inequalities in the European Union in the 2023 Gender Equality Index https://eige.europa.eu/gender-equality- index/2022/domain/intersecting- inequalities/disability/work 1b https://www.edf-feph.org/women-and- gender-equality/ 1c Concluding observations on the initial report of the European Union CRPD/C/EU/CO/1, Committee on the Rights of Persons with Disabilities, 2 October 2015.
Amendment 10 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall take appropriate measures to raise awareness among the public including to public authorities and private service providers having the potential to offer tailored support pursuant to Article 5, about the existence and conditions of the card. Member States shall also inform persons with disabilities, including in accessible and gender- inclusive ways, about the existence 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. They should also coordinate comprehensive gender mainstreamed training for all actors concerned.
Amendment 11 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The report shall address, inter alia, the use of the European Disability Card and European Parking Card for persons with disabilities in the light of social, and economic developments in the use of the European Disability Card and European Parking Card for persons with disabilities with a view to assessing the need to review this DirectiveMember States and in the Union as a whole, with a view to assessing the need to review this Directive. The report shall include a gender analysis, focusing on how the provisions of this Directive actually and potentially have impacted the free movement of women and girls with disabilities. The report shall also evaluate the effectiveness of the incentivizing measures provided by Member States to service providers. It shall take into account the feedback from persons with disabilities and relevant non- governmental organisations, in particular organisations representing persons with disabilities and organizations fighting for gender equality, as well as economic stakeholders. The Commission shall create a digital portal containing all the information with regards the benefits of holding the European Disability Card and the European Parking Card in all Member States in a gender inclusive manner.
Amendment 12 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall communicate to the Commission, at its request and in due time, all the information necessary for the Commission to draw up such a report. This information shall include, inter alia, a clear gender perspective on the implementation of the Disability Card. Member States shall collect gender- disaggregated data in order to identify the forms of multiple discrimination that are faced by women and girls with disabilities when accessing special conditions or preferential treatment with respect to services, activities or facilities, 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), in compliance with the obligations deriving from the European Disability Card or European Parking Card for persons with disabilities, This data should be used for the gender impact assessment of the Directive and guarantee its gender- mainstreamed revision in the future.
Amendment 44 #
Proposal for a directive
Citation 5 a (new)
Citation 5 a (new)
Having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular Articles 3, 6, 7, 8, 14, 15, 16, 20, 21, 23, 24, 25, 26, 31, 34, 35, 36, 41, 42, 45, and 47 thereof,
Amendment 45 #
Proposal for a directive
Citation 5 b (new)
Citation 5 b (new)
Having regard to the UN Convention on the Rights of Persons with Disabilities (CRPD), and its entry into force on 21 January 2011 in accordance with Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities,
Amendment 46 #
Proposal for a directive
Citation 5 c (new)
Citation 5 c (new)
Having regard to its resolution of 13 December 2022 entitled ‘Towards equal rights for persons with disabilities’,
Amendment 47 #
Proposal for a directive
Citation 5 d (new)
Citation 5 d (new)
Having regard to its resolution of 4 October 2023 entitled ‘Harmonising the rights of persons with disabilities’,
Amendment 49 #
Proposal for a directive
Recital 4
Recital 4
(4) According to the Court of Justice of the European Union, citizenship of the Union is destined to be the fundamental status of nationals of the Member States when exercising the right to move and reside within the territory of the Member States, enabling those who find themselves in the same situation to enjoy, within the scope ratione materiae of the TFEU, the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for. The right to free movement should also apply to third country nationals who have legal residence in the European Union. To this end, the Directive text will be complemented by legal act from the Commission which will bridge the legal gap between EU citizens and legally residing third country nationals in this regard. This can provide for more legal certainty not least for women and girls with a migrant background.
Amendment 50 #
Proposal for a directive
Recital 6
Recital 6
(6) 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. In its article 6, the UNCRPD specifically recognises that women and girls with disabilities are subject to multiple discrimination and requires State parties to “take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms” and “ensure the full development, advancement and empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the human rights”. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure accessibility to persons with disabilities.
Amendment 51 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) The CRPD Committee in its concluding observations on the initial report of the EU in 2015 adopted specific recommendations to be followed by the EU to ensure the rights of women and girls with disabilities. These recommendations include in particular the mainstreaming of women and girls with disabilities perspective in its forthcoming Gender Equality strategy, policies and programmes and a gender perspective in its Disabilities strategy. The Committee also recommended that the European Union develops actions to advance the rights of women and girls with disabilities by establishing a mechanism to monitor progress and funding data collection and research on women and girls with disabilities.39a _________________ 39a Concluding observations on the initial report of the European Union CRPD/C/EU/CO/1, Committee on the Rights of Persons with Disabilities, 2 October 2015.
Amendment 54 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6 b) It is imperative to recognize that the responsibility to uphold human and equal rights for all people lies mainly with state actors. All EU Member States are bound by the UNCRPD by its ratification, however there are significant differences between the countries’ implementation.39b There is a need to progress on equality for persons with disabilities in all countries, for example through investments in infrastruture, capacity buidiling and awareness raising campaigns. Here private actors can and should play a role too, as they have a duty to respect human rights and equality. _________________ 39b Implementing the UN Convention on the Rights of Persons with Disabilities, https://fra.europa.eu/sites/default/files/fra _uploads/fra-2023-uncrpd-human-rights- indicators_en.pdf
Amendment 60 #
Proposal for a directive
Recital 10
Recital 10
(10) Due to the lack of recognition of disability status between Member States, persons with disabilities may face specific difficulties when exercising their fundamental rights of free movement. They may also be subject to further discrimination or stigmatization when Member States take measures to fight fraud or forgery connected to disability certificates, for example by inadvertently accusing them of crimes or blaming the disabled person when in fact the fraud is being committed by other actors. Therefore, the primary focus must always be the best interest of the disabled person and the impact of measures of persons with disabilities should also be seriously taken into account.
Amendment 66 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) This impediment on fundamental rights of free movement is exacerbated for women and girls with disabilities who are confronted with intersectional discrimination in all areas of life such as socio-economic disadvantages, social isolation, increased risk of violence against women, forced sterilisation and abortion, lack of access to community services, low-quality housing, institutionalisation, inadequate healthcare and denial of the opportunity to contribute and engage actively in society. Women and girls with disabilities may also be forbidden by their relatives or people in their vicinity to have relationships and be forced to live in continence. Overall, the situation for women and girls with disabilities is worse than those of men and boys with disabilities, and the difference is particularly true in rural areas where access to services and opportunities in general is much more limited compared to urban areas.
Amendment 67 #
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
(13 b) Data from the European Institute for Gender Equality shows that in the EU, 20 % of women with disabilities are in full-time employment, comparing to 29% of men with disabilities and 48% of women without disabilities. 22% of women with disabilities are at risk of poverty, comparing to 20% of men with disabilities and 16% of women without disabilities. 17% of women with disabilities graduate tertiary education, comparing to 18% of men with disabilities and 32% of women without disabilities. 11% of women with disabilities have unmet needs for medical examination, comparing to 10% men with disabilities and 3% women without disabilities.47a _________________ 47a Intersecting inequalities in the European Union in the 2023 Gender Equality Index https://eige.europa.eu/gender-equality- index/2022/domain/intersecting- inequalities/disability/work
Amendment 72 #
Proposal for a directive
Recital 1
Recital 1
(1) The European Union is founded on the values of human dignity, freedom, and respect of human rights and committed to combating discrimination, including on the grounds of disability, as set out in the Treaty on European Union (TEU), the Treaty on the Functioning of the European Union (TFEU) and, the Charter of Fundamental Rights of the European Union (the ‘Charter’) and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).
Amendment 73 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) In order to increase the number of service providers who offer preferential treatment for persons with disabilities, Member States should support and encourage private operators and public authorities through different information measures that ensure positive nudging. These measures could include for example, listing the service providers who already offer preferential treatment as well as publicizing information about requirements of persons with disabilities concerning communication or management of equipment.
Amendment 74 #
Proposal for a directive
Recital 23
Recital 23
(23) Beside parking conditions and facilities, the services, activities and facilities covered by this Directive concern the provision of accessibility and reasonable accommodation measures for 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 76 #
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, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give effect to them. Article 18 of the UNCRPD also recognises the rights of persons with disabilities to liberty of movement and to freedom to choose their residence, on an equal basis with others.
Amendment 77 #
Proposal for a directive
Recital 4
Recital 4
(4) According to the Court of Justice of the European Union, citizenship of the Union is destined to be the fundamental status of nationals of the Member States when exercising the right to move and reside within the territory of the Member States, enabling those who find themselves in the same situation to enjoy, within the scope ratione materiae of the TFEU, the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for. The right to free movement should also apply to third country nationals who have legal residence in a Member State of the European Union and a recognised disability in that Member State, in the interest of equal treatment. Therefore, this Directive is to be complemented by a separate legal act which will bridge the legal gap between EU citizens and legally residing third country nationals in this regard. This will provide for more legal certainty not least for third country nationals women and girls with disabilities who have legal residence in the European Union.
Amendment 78 #
Proposal for a directive
Recital 5
Recital 5
(5) The Union is a Party to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)39 , and is bound by its provisions which are an integral part of the Union legal order to the extent of its competences. All the Member States are Parties to the UNCRPD and are bound by it also to the extent of their competences. _________________ While the Union and all its Member States are bound by the UNCRPD there are significant differences in its implementation3a. There is a need to progress on equality for persons with disabilities both for the Union itself as well as in all Member States, for example through investments in infrastruture, capacity buidiling, training and awareness raising campaigns. The Union and all Member States should further ratify the Optional Protocol of the UNCRPD. _________________ 3a https://fra.europa.eu/en/publication/2023/ implementing-un-convention-rights- persons-disabilities-human-rights- indicators 39 Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities, OJ L 23, 27.1.2010, p. 35.
Amendment 79 #
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. Experience shows that even when presenting a European Disability Card or similar proof of disability, the person is not always offered the most accurate support for their disability due to inter alia misunderstandings or miscommunication. Member States should therefore provide the option to persons with disabilities when applying for the card to the relevant authorities, to display their requirements through disability access symbols. This could be done directly on the card or digitally through a QR code and can thus facilitate the communication of their condition and/or requirements.
Amendment 82 #
Proposal for a directive
Recital 6
Recital 6
(6) 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 equality of opportunity and universal accessibility tofor persons with disabilities.
Amendment 82 #
Proposal for a directive
Recital 31
Recital 31
(31) In order to raise awareness and facilitate access to specialfic conditions or preferential treatmenand/or tailored support, while travelling to or visiting another Member State, all relevant information with respect to the conditions, rules, practices, and procedures applicable to obtain the European Disability Card and/or the European Parking Card for persons with disabilities and its subsequent use should be made publicly available in a clear, comprehensive, user-friendly manner and accessible formats for persons with disabilities including in national sign languages, augmentative and alternative communication (AAC) as well as easy to read format respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882. Private operators or public authorities granting special conditions or preferential treatment to persons with disabilities should make such information publicly available in a clear, comprehensive, user-friendly manner and accessible formats, for persons with disabilities respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882.
Amendment 85 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) The UNCRPD recognises that women and girls with disabilities are subject to multiple discrimination, and that State Parties should take measures to ensure their full and equal enjoyment of all human rights and fundamental freedoms. The Convention on Preventing and Combating Violence against Women and Domestic Violence, to which the European Union is a party, shall also guide the establishment of the European Disability Card and the European Parking Card for persons with disabilities.
Amendment 89 #
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to parking conditions and facilities and to all situations where specialfic conditions or preferential treatmenand/or tailored support are offered by private operators or public authorities to persons with disabilities as regards access to the following services, activities and facilities:
Amendment 95 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. For the purpose of paragraph 1, it shall always remain voluntary for the persons with disabilities to use the Disability Card for the listed services and conditions. Under no circumstances shall private or public actors require the EU Disability Card over existing national certificates.
Amendment 103 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) Impediments to the fundamental right of free movement is exacerbated for women and girls with disabilities who are confronted with intersectional discrimination in all areas of life, not least in education and employment. For example, 20 % of women with disabilities are in full-time employment, compared to 29% of men with disabilities and 48% of women without disabilities. 22% of women with disabilities are at risk of poverty, compared to 20% of men with disabilities and 16% of women without disabilities. 17% of women with disabilities graduate tertiary education, compared to 18% of men with disabilities and 32% of women without disabilities. 11% of women with disabilities have unmet needs for medical examination, compared to 10% of men with disabilities and 3% of women without disabilities.47a The difference is particularly noticeable in rural areas where access to services and opportunities in general is much more limited compared to urban areas. Therefore the European Disability Card must have a clearer gender equality perspective and contribute to improving the free movement especially for women and girls with disabilities, for example when they move to another Member State for work or study and are reassessed by the new Member State. It is crucial that the vulnerable situation for women and girls with disabilities is not exacerbated further but rather, that they are encouraged to exercise their freedom of movement and protected when they do in order to ensure their free movement and economic independence. _________________ 47a Intersecting inequalities in the European Union in the 2023 Gender Equality Index https://eige.europa.eu/gender-equality- index/2022/domain/intersecting- inequalities/disability/work
Amendment 104 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) Persons with disabilities who also belong to other marginalized groups such as LGBTQI+, racialized groups and ethnic minorities, people from disadvantaged socio-economic background, young people and people from remote geographical areas... often face multiple discrimination therefore it is important that Member States apply an intersectional approach when transposing and implementing this directive.
Amendment 106 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(f a) “reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;
Amendment 109 #
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 procedures, as well as, when applicable, to person(s) accompanying or assisting them including personal assistant(s),
Amendment 110 #
Proposal for a directive
Recital 15
Recital 15
(15) Alongside physical and othervarious visible and invisible 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 . Furthermore, the widespread lack of knowledge of psychosocial, cognitive, physical or sensorial accessibility policies can pave the way to discriminatory behaviour. 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, or preferential treatment and has an impact on their travel costs, lives and choices. _________________ 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 112 #
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 121 #
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 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. Member States shall provide the option to persons with disabilities when applying for the card to the relevant authorities, to display their requirements through disability access symbols directly on the card or digitally through a QR code.
Amendment 127 #
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 if this is according to the national disability recognition procedure, or upon application by the person with disabilities. It shall be issued and renewed free of charge to the beneficiary within the same period set in the applicable national legislation for issuing disability certificates, disability cards or any other formal document recognising the disability status of a person with disabilities.
Amendment 138 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24 a) Personal assistants assist the person with disabilities or carry out activities of daily living if need be in the framework of a contractual relationship, and they do so with the objective of encouraging personal autonomy, facilitating community life and promoting independent living
Amendment 141 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25 a) Experience shows that when presenting a European Disability Card or similar national recgnition of disability, due to a lack of awareness, misunderstandings or communication barriers persons with disabilities, particularly those with invisible disabilities, do not always receive the most relevant support and accomodation for their disability. Member States should therefore provide the option to persons with disabilities, when applying for the card to the relevant authorities, to choose to display relevant symbol(s) on the card in order to indicate their assistance requirements.
Amendment 141 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall take the necessary measures to ensure that the European Parking Card for persons with disabilities replaces all existing valid parking cards, issued in accordance with the Council Recommendation on parking cards for persons with disabilities58 at national, regional or local level at the latest by dd/mm/yy [date of application of this Directive]. These measures shall be taken with due respect and consideration to the person with disabilities and their rights. _________________ 58 Council Recommendation of 4 June 1998 (98/376/EC) OJ L 167/25,12.6.1998 as adapted by Council Recommendation of 3 March 2008 by reason of accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic OJ L 63/43,7.3.2008.
Amendment 147 #
Proposal for a directive
Article 9 – title
Article 9 – title
Amendment 148 #
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, latest by [within 12 months after the entry into force of this Directive], including in digital formats, as well as in national sign languages, augmentative and alternative communication and easy to read format and and upon request in other assistive formats requested by persons with disabilities.
Amendment 149 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Pursuant to paragraph 1 of this Article, the Commission shall gather the information provided by Member States in a specially dedicated EU website. Particularly, the website shall provide information on which different accessibility measures are available by public authorities to Card holders according to each disability type in the respective Member States. The website shall also list, where applicable, the type of service providers involved in the Card’s scheme.
Amendment 151 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall take appropriate measures to raise awareness among the public in particular public authorities and private service providers having the potential to offer tailored support pursuant to Article 5, about the existence and conditions of the card. Member States shall also inform persons with disabilities, including in accessible ways, about the existence 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 153 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. The Commission shall publish guidelines on standards as well as proper management of assistive devices and technologies in order to support Member States in their harmonization efforts. The first version of those guidelines shall be published latest by [within 12 months after the entry into force of this Directive] and consequently every 12 months. For this, the Commission shall assist persons with disabilities and their representative organizations as well as companies developing assistive technologies.
Amendment 154 #
Proposal for a directive
Article 9 – paragraph 2 b (new)
Article 9 – paragraph 2 b (new)
2 b. The information referred to in this Article shall be made available free of charge in a clear, comprehensive, user- friendly and easily accessible way, including through 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 159 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article9a Surveillance and compliance 1. Member States shall take all necessary steps to avoid the risk of forgery or fraud and shall actively combat the fraudulent use and forgery of the European Disability Card and European Parking Card for persons with disabilities. 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 in any way to their stigmatisation. 2. Member States shall take the necessary measures to ensure that holders of a European Disability Card or European Parking Card for persons with disabilities return their cards to the competent authority should the conditions under which they were issued no longer be fulfilled. 3. Member States shall take the necessary measures to ensure that in case they encounter cases of abuse or misuse of the cards issued by another Member State on their territory, the competent authorities in the Member State who issued the European Disability Card or European Parking Card for persons with disabilities are informed. The Member State of issuance shall ensure appropriate follow- up in accordance with national law or practice, keeping in mind the best interest of the persons with disabilities. 4. Member States shall carry out checks on compliance with the obligations deriving from the European Disability Card or European Parking Card for persons with disabilities and with the corresponding rights of persons with disabilities holding those cards and person(s) accompanying or assisting them including their personal assistant(s). 5. The information referred to in this Article shall be made available free of charge in a clear, comprehensive, user- friendly and easily accessible way, including through 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 160 #
Proposal for a directive
Recital 31
Recital 31
(31) In order to raise awareness and facilitate access to special conditions or preferential treatment for persons with disabilities, while travelling to or visiting another Member State, all relevant information with respect to the conditions, rules, practices, and procedures applicable to obtain the European Disability Card and/or the European Parking Card for persons with disabilities and its subsequent use should be made publicly available by Member States in a clear, comprehensive, user-friendly manner and accessible formats for persons with disabilities , including in digital formats, national sign languages and easy to read format, and upon request in assistive formats requested by persons with disabilities respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882. Private operators or public authorities granting special conditions or preferential treatment to persons with disabilities should make such information publicly available in a clear, comprehensive, user- friendly manner and accessible formats, for persons with disabilities, respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882.
Amendment 161 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, as well as persons with disabilities and their representative organisations.
Amendment 162 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall be assisted by a committee and shall meaningfully involve representative organisations of persons with disabilities. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 164 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) In order to increase the number of service providers who offer special conditions or preferential treatment for persons with disabilities, Member States should support and encourage private operators and public authorities through relevant measures including through providing information and exchanges of best practice on the different types of special conditions or preferential treatment which could be offered as well as the provision of training on disability mainstreaming and disability awareness to ensure the special conditions or preferential treatment offered is done so in an inclusive and accessible way. For example such training could address the accessibility issues faced by persons with disabilities, requirements of persons with different disabilities concerning communication, respectful and safe management of equipment, use of assistive augmentative communication (AAC) and how to provide and publicise any offer of special conditions or preferential treatments in an accessibly visible way. Member States should ensure all such measures are carried out in partnership with persons with disabilities and their representative organisation to ensure they are inclusive and effectives.
Amendment 164 #
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) provisions whereby public bodies such as Equality Bodies or private associations, organisations 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 hetheir approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive.
Amendment 165 #
Proposal for a directive
Article 13 – paragraph 2 – point b a (new)
Article 13 – paragraph 2 – point b a (new)
(b a) provisions whereby persons with disabilities, or their designated representatives acting on their behalf and with their approval, may appeal, in accordance with national law or practice, a decision from a Member State regarding the issuance or renewal of an European Disability Card or an European Parking Card.
Amendment 167 #
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 specialfic conditions or preferential treatmenttailored support related to reasonable accommodation pursuant to Article 5 publicly available in accessible formats.
Amendment 168 #
Proposal for a directive
Recital 32
Recital 32
(32) Member States should take all the necessary steps to avoid any risk of forgery or fraud when issuing the European Disability Card or the European Parking Card for persons with disabilities and should actively combat fraudulent use and forgery of these cards. Member States should ensure that any measures taken to combat forgery or fraud ensure due regard and consideration to the rights of persons with disabilities and should not result in any interference with their legitimate interests in using either card or lead in any way to their stigmatisation. Member States should assess the impact of any measures on persons with disabilities and consult them and their representative organisations in the measures’ design and implementation.
Amendment 168 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall encourage private operators or public authorities to voluntarily provide specialfic conditions or preferential treatment for persons with disabilitiestailored support for persons with disabilities in as wide a range of services, other activities and facilities as possible. This may be done by Member States through inter alia the following information measures: (a) publicizing information about which other service providers are already offering tailored support for persons with disabilities; (b) providing information on disability access symbols that can be displayed by the service providers to enhance visibility towards customers; (c) providing information on how to deal properly with assistive devices such as electric wheelchairs and scooters to avoid damage; (d) providing information on assistive augmentative communication (AAC).
Amendment 170 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The report shall address, inter alia, in the light of social, economic developments the use of the European Disability Card and European Parking Card for persons with disabilities with a view to assessing the need to review this Directivein the light of social and economic developments in the Member States and in the Union as a whole, with a view to assessing the need to review this Directive. The report shall include a gender analysis, focusing on how the provisions of this Directive actually and potentially have impacted the free movement of women and girls with disabilities. The report shall also evaluate the effectiveness of the incentivizing measures provided by Member States to service providers.
Amendment 171 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall communicate to the Commission, at its request and in due time, all the information necessary for the Commission to draw up such a report. This information shall include, inter alia, a clear gender perspective on the implementation of the Disability Card.
Amendment 172 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Commission’s report shall take into account the viewpoints of persons with disabilities, economic stakeholders and relevant non-governmental organisations, including particular organisations representing persons with disabilities and organizations fighting for gender equality, as well as economic stakeholders.
Amendment 175 #
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 representative organisations of 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. Persons with disabilities should further have a right to redress, including adequate compensation, in case of infringements of their rights arising from this Directive. Member States should ensure these provisions comply with the principle of reasonable accommodation for persons with disabilities in their design and implementation in line with the UNCRPD.
Amendment 175 #
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 180 #
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 187 #
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 promoting equal rights and freedom of movement for persons with disabilities and 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 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 214 #
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 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), guide dogs or assistance animals.
Amendment 217 #
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. This Directive shall be without prejudice to the rights that persons with disabilities or, person(s) accompanying or assisting them, including their personal assistant(s), or guide dogs and assistance animals may derive from other provisions of Union law or national law implementing Union law, including those granting specific benefits, special conditions, or preferential treatment.
Amendment 229 #
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, offered to persons with disabilities and/or, when applicable, to person(s) accompanying or assisting them including personal assistant(s), guide dogs 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 232 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) “parking conditions and facilities” means any parking space reserved for persons with disabilities or person(s) accompanying or assisting them including their personal assistant(s) in general as well as associated parking benefits for, or preferential conditions afforded to, persons with disabilities, such as free parking, reduced tariffs, reduced fees or user charges for toll roads/bridges/tunnels or extended parking spaces irrespective of whether provided on a voluntary basis or imposed by legal obligations.
Amendment 234 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(f a) “Reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights, fundamental freedoms and the rights provided under this Directive;
Amendment 264 #
Proposal for a directive
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) when special conditions or preferential treatment referred to in paragraph 1 of this Article include favourable conditions for person(s) accompanying or assisting them including personal assistant(s) or specific conditions for assistance animals, these favourable or specific conditions are granted on equal terms and conditions to the person(s) accompanying or assisting them, including personal assistant(s) or guide dogs or assistance animals of the holder of a European Disability Card;
Amendment 277 #
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 universally 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 281 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. European Disability Cards issued by Member States shall be issues and renewed for free, be mutually recognised in all Member States and be compatible with national certificates or cards.
Amendment 342 #
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 Union database that contains relevant information related to the applicable parking conditions and facilities as defined at local, regional, or national level in each Member State. The database shall be available in all EU languages and the national sign languages of Member States as well as in accessible formats. Member States shall ensure public authorities upload this information to the database and update it where necessary.
Amendment 369 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. Member States shall take appropriate measures to raise awareness among professionals in contact with the public, including in accessible ways, about the existence and rights conferred by the European Disability Card and the European Parking Card for persons with disabilities.
Amendment 417 #
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 formats clear, comprehensive, user-friendly and easily accessible way and in accessible formats. Member States shall establish a single dedicated website collating the special conditions or preferential treatment offered by their public authorities. Member States may also facilitate information concerning the special conditions or preferential treatment offered by private operators on the website where available. The website shall be in the official language(s) of the Member States, national sign language and English as well as any other relevant language(s) as determined by the Member State.
Amendment 421 #
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 in as wide a range of services, other activities and facilities as possible. In particular Member States shall support and encourage private operators and public authorities through, inter alia, the provision of information and exchange of best practices on possible special conditions or preferential treatment to be offered and the provision of disability- mainstreaming and awareness training so as to ensure the relevance, effectiveness and inclusivity of any special conditions or preferential treatment offered. Member States shall ensure all such measures are carried out in partnership with persons with disabilities and their representative organisations.
Amendment 425 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The information referred to in paragraph 1 of this article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible way, including through the 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 without exceeding a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages, including in the national sign language(s).
Amendment 432 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The report shall address, inter alia, in the light of social, economic and other relevant developments the use of the European Disability Card and European Parking Card for persons with disabilities with a view to assessing the need to review this Directive. The report shall include a gender equality analysis of how the provisions of this Directive have impacted the free movement of women and girls with disabilities. The report shall also evaluate the effectiveness of the incentivizing measures provided by Member States to service providers.
Amendment 451 #
Proposal for a directive
Annex I – paragraph 2
Annex I – paragraph 2
BACK SIDE National information in the national language or national languages to be decided by the issuing Member State. Member States shall provide the option to persons with disabilities, when applying for the card to the relevant authorities, to display relevant symbol(s) on the card in order to indicate their required reasonable accommodation.