Activities of Katrin LANGENSIEPEN related to 2023/0311(COD)
Shadow reports (1)
REPORT 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 (15)
Amendment 96 #
Proposal for a directive
Recital 11
Recital 11
(11) Persons with disabilities moving for longer periods to other Member States for employment, study or other purposes, except where otherwise provided by law or agreed among Member States, may have their disability status assessed and formally recognised by the competent authorities in the other Member State and may receive a disability certificate, a disability card or any other formal document recognising their disability status in accordance with applicable rules of that Member State. Nevertheless, persons with disabilities staying for a fixed period of time, that is longer than the considered short period of time, in the context of a mobility programme, should not need to have their disability status assessed in the new Member State. Those could be mobility projects for VET, school pupils, adult education, youth exchanges, youth workers, youth participation activities, Discover EU Inclusion action, projects for higher education students and staff, partnerships for cooperation.
Amendment 161 #
Proposal for a directive
Recital 31
Recital 31
(31) In order to raise awareness and facilitate access to special conditions or preferential treatment, 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 on an EU digital Portal 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 including by making all information available in the national sign langue(s). 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 202 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. This Directive shall apply to all persons with disabilities participating in a mobility program within the EU that has a fixed period of time. In that case, the use of the Disability Card and the Parking Card shall be extended for the duration of the programme.
Amendment 236 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(f a) “Reasonable accomodation” 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 freedom.
Amendment 238 #
Proposal for a directive
Article 3 – paragraph 1 – point f b (new)
Article 3 – paragraph 1 – point f b (new)
(f b) “EU mobility programme” means any programme that has a fixed period of time, and that is temporary, that takes place in another Member State that the state or residence, in the field of education, training, or for work related purposes.
Amendment 284 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Competent authorities in the Member States shall issue, renew or withdraw the European Disability Card in accordance with their national rules, procedures and practices. Such procedures shall be free of charge for the card holder. Without prejudice to Regulation (EU) 2016/679, Member States shall ensure the security, integrity, authenticity and confidentiality of the data collected and stored for the purpose of this Directive. The competent authority responsible for issuing the European Disability Card shall be considered as the controller referred to in Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of personal data. Cooperation with external service providers shall not exclude any liability on the part of a Member State which may arise under Union or national law in respect of breaches of obligations with regard to personal data.
Amendment 299 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. Member States shall use the back of the card to display information on the kind of assistance that the card holder needs.
Amendment 322 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Competent authorities in the Member States shall issue, renew, or withdraw the European Parking Card for persons with disabilities in accordance with their national rules, procedures and practices. Such procedures shall be free of charge for the card holder. Without prejudice to Regulation (EU) 2016/679, Member States shall ensure the security, authenticity and confidentiality of the personal data collected and stored for the purpose of this Directive. The competent authority responsible for issuing the European parking Card for persons with disabilities shall be considered as the controller referred to in Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of personal data. Cooperation with external service providers shall not exclude any liability on the part of a Member State which may arise under Union or national law in respect of breaches of obligations with regard to personal data.
Amendment 329 #
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 within a reasonable period from the date of the application which shall not exceed 630 days.
Amendment 346 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article7a Provisions for card holders when changing residence 1. Member States shall ensure the beneficiaries who have changed their member state of residence and are pending the issuance of a national disability card by the competent authorities, are guaranteed their rights and benefits provided by the Disability Card and the Parking Card of the member state who issued it. The European Disability Card and the European Parking Card shall be valid until the new national card has been issued. 2. Member States shall ensure that the process of re-assessment of the disability and the issuing of the new national card and therefore the new European Disabilities and Parking Card does not exceed 6 months.
Amendment 360 #
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 operators having the potential to offer preferential treatment pursuant to Article 5 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 424 #
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. The Commission shall create a digital portal containing all the information which regards the benefits of holding the European Disability Card and the European Parking Card in all Member States including information on the different procedures in each Member States. Such information shall be sent by the Member States to the Commission and updated according to the reporting requirements in Article 16 of this Directive.
Amendment 436 #
Proposal for a directive
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
Amendment 440 #
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 442 #
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].