54 Amendments of Irène TOLLERET related to 2023/0311(COD)
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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
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
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
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].