38 Amendments of Antonio Maria RINALDI related to 2023/0311(COD)
Amendment 71 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the European Disability Card and the European ParkingRoad Transport Card for persons with disabilities (Text with EEA relevance) (This amendment applies throughout the text)
Amendment 95 #
Proposal for a directive
Recital 11
Recital 11
Amendment 171 #
Proposal for a directive
Recital 33
Recital 33
(33) In order to ensure the proper application of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement the directive to set the digital format of the European Disability Card and the European Parking Card for persons with disabilities, and to amend Annexes I and Annex II in order to modify the common features of the standardised format, adapt the format to technical developments, prevent forgery and fraud and ensure interoperability. The digital format is to be developed in the form of a certified attribute and integrated within national digital wallet projects aimed at flowing into the EUDI Wallet project.
Amendment 173 #
Proposal for a directive
Recital 34
Recital 34
(34) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission with regards to establishing common technical specifications – consistent with the design of the EUDI Wallet - further specifying the respective formats of the European Disability Card and the European Parking Card for persons with disabilities, their respective security and digital features, as well as interoperability matters. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council57 . _________________ 57 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 188 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the rules governing the issuance and the effectiveness of the European Disability Card and the European Parking Card for persons with disabilities as proof respectively of a disability status or of a right to parking conditions and facilities reserved for persons with disabilities, in view of facilitating short stays of persons with disabilities in a Member State other than that of which they are a resident, by granting them access to any special conditions or preferential treatment with respect to services, activities or facilities, including when provided not for remuneration, access to limited traffic zones 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 193 #
Proposal for a directive
Article 2 – paragraph 1 – indent 1 a (new)
Article 2 – paragraph 1 – indent 1 a (new)
– EU Mobility Programmes
Amendment 194 #
Proposal for a directive
Article 2 – paragraph 1 – indent 1 b (new)
Article 2 – paragraph 1 – indent 1 b (new)
– Limited Traffic Zones
Amendment 207 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. Exceptions to paragraph 2 shall be made by Member States to ensure equal treatment and opportunities between national and other Europeans with disabilities: a) when a European Disability Card holder moves to the Member State with to a work contract or enrolment in an education institution until their disability is re-assessed in the national system, or b) when a European Disability Card holder participates in an EU Mobility Programme.
Amendment 212 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Directive does not affect Member States’ competence to determine the conditions for assessing and recognising disability status, or for granting the right to parking conditions, access to limited traffic zones and facilities reserved for persons with disabilities. It does not affect Member States’ competence to issue in addition at national, regional or local level, a certificate, a disability card or any other formal document for persons with disabilities.
Amendment 227 #
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) or assistance animals recognised in accordance with the national legislation or practicesnational practices of the host Member State as such, irrespective whether provided on a voluntary basis or imposed by legal obligations;
Amendment 257 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that , subject to verification of the validity of the European Disability Card only, the holders of the same holders of a European Disability Card, while travelling to or visiting a Member State other than that of which they are a resident, shall be granted access on equal terms and conditions as those provided to persons with disabilities who are holders of a disability certificate, disability card or any other formal document recognising their disability status in that Member State, to any special conditions or preferential treatment offered with respect to the services, activities and facilities referred to in Article 2(1).
Amendment 263 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall take the necessary measures to ensure that holders of a European Parking Card for persons with disabilities while travelling to or visiting a Member State other than that of which they are a resident, shall be granted access to parkinglimited traffic zones and to parking and the relevant specific conditions and facilities reserved for persons with disabilities on equal terms and conditions as those provided for in that Member State to its holders of parking cards issued in that Member State.
Amendment 268 #
Proposal for a directive
Article 5 – paragraph 3 – point b
Article 5 – paragraph 3 – point b
(b) when parking conditithe conditions concerning the access to limited traffic zones and the use of parking facilities referred to in paragraph 2 of this Article include favourable conditions for person(s) accompanying or assisting them including personal assistant(s), these favourable conditions are granted on equal terms and conditions to the person(s) accompanying or assisting them, including personal assistant(s) of the holder of the European Parking Card for persons with disabilities.
Amendment 274 #
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. On the BACK SIDE of the card, Member States shall insert digital means that allow, in accordance with national regulations, limited within the national territory and for nationals of the country that issued the document only, the display of additional and more specific information related to the disability status of the card holder. This information, which is accessible by a computerized tool upon presentation of the BACK SIDE of the physical card bearing the aforementioned digital feature, must be the same as that shown on the digital format of the European disability card. Member states shall then insert on the BACK SIDE of the card the appropriate digital means to allow, in accordance with national regulations, to verify the validity of the card through digital infrastructure, functioning in all member states, the characteristics of which will be specified later by the Commission.
Amendment 279 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. European Disability Cards issued by Member States shall be mutually recognised in all Member States. Member States shall take measures necessary to ensure that presentation of the European Disability Card exempts the holder from presentation of other certification attesting the disability status.
Amendment 295 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The European Disability Card shall be issued or renewed by the Member State of residence directly or upon application by the person with disabilities or a delegated person, according to national law. It shall be issued and renewed within the same period set in the applicable national legislation for issuing disability certificates, disability cards or any other formal document recognising the disability status of a person with disabilities.
Amendment 306 #
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The validity of the European Disability Card issued by a Member State shall be at least for the same duration as that of the disability certificate, disability card or any other formal document with the longest duration recognising their disability status issued to the person concerned by the competent authority of the Member State in its territoryis established by the individual Member State in compliance with current legislation. The cards issued up to the time of transposition of the Directive by the countries participating in the pilot project, in accordance with the applicable requirements and based on Council Recommendation 98/376 remain in force until their natural expiration.
Amendment 309 #
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The Commission is empowered to adopt delegated acts in accordance with Article 11 to supplement this Directive in order to set the digital format of the European Disability Card and ensure interoperability, and to amend Annex I in order to modify the common features of the standardised format, adapt the format to technical developments, introduce digital features in order to prevent forgery and fraud, address abuse or misuse and ensure interoperability. The digital format of the European Disability Card is to be developed in the form of a certified attribute and integrated within national digital wallet projects, aimed at flowing into the EUDI Wallet project.
Amendment 325 #
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 or by a delegated person, according to national law. It shall be issued or renewed within a reasonable period from the date of the application which shall not exceed 60 days. The validity of the Card is equal to the certification of the disability condition, disability cards or any other formal document that recognizes the disability status of a person with a disability.
Amendment 339 #
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
7. The Commission is empowered to adopt delegated acts in accordance with Article 11 to supplement the Directive in order to set the digital format of the European Parking Card for persons with disabilities and ensure interoperability, including through the development and deployment of digital tools, and to amend Annex II in order to modify the common features of the standardised format, adapt the format to technical developments, prevent forgery and fraud, address abuse or misuse and ensure interoperability, including through the development and deployment of digital tools. The digital format of the European Parking Card is to be developed in the form of a certified attribute to be integrated within national digital wallet projects aimed at flowing into the EUDI Wallet project.
Amendment 357 #
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 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. Similarly, the Commission is committed to informing the public at the European level about the two documents and specifically their mutual recognition feature within the European Union.
Amendment 380 #
Proposal for a directive
Article 9 – paragraph 7
Article 9 – paragraph 7
7. The information referred to in paragraph 1 and 2 of this Article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible way, including through 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. Member States shall undertake the measures derived from paragraphs 1 and 2 of this Article in consultation with representative organizations of persons with disabilities.
Amendment 394 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The power to adopt delegated acts referred to in Article 6(7) , Article 7(7) and Article 7(715(4) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this directive].
Amendment 430 #
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. The Commission is empowered to adopt delegated acts in accordance with Article 11 to supplement the Directive in order to set an official EU website, available in all EU languages, to collect information referred to in paragraph 1 of this article, to facilitate the use for Card holders, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882.
Amendment 454 #
Proposal for a directive
Annex I – point 2 a (new)
Annex I – point 2 a (new)
Amendment 455 #
Proposal for a directive
Annex I – point 3
Annex I – point 3
Amendment 456 #
Proposal for a directive
Annex I – point 4 – introductory part
Annex I – point 4 – introductory part
4. The colour of the card shall be light and dark blue, as set in the picture and with references:background security print shall include a grid pattern printed using one pantone colour. Areas with different colours are achieved and shall be composed of lines with variable thickness and steps. The background shall include microprints with the words “DISABILITY CARD”. The background print shall include a graphical element printed with an invisible UV ink (yellow) representing a circle of 12 stars with repetitions of letters “EU” in the centre.
Amendment 457 #
Proposal for a directive
Annex I – point 4 – indent 1
Annex I – point 4 – indent 1
Amendment 458 #
Proposal for a directive
Annex I – point 4 – indent 2
Annex I – point 4 – indent 2
Amendment 459 #
Proposal for a directive
Annex I – point 5
Annex I – point 5
5. The card shall indicate the expiry dateSee draft suggested in point 3.
Amendment 460 #
Proposal for a directive
Annex I – point 6
Annex I – point 6
6. The card shall contain a country code with the blue circle around it. ircle with the two letter ISO Country Code of the Issuing Country inside shall be printed with pantone blue reflex. The circle shall be rounded by 12 stars. The two letters of the ISO Country Code are white.
Amendment 461 #
Proposal for a directive
Annex I – point 8
Annex I – point 8
8. The words European Disability Card shall be displayed using Arial font and in braille using the Marburg code dimensions printed using the blue reflex. Marburg Medium: Dot difference x-axis (a): 2.5 mm. (dot- centre to dot-centre). Dot difference y-axis (b): 2.5 mm. (dot- centre to dot-centre). Width of character (c): 6.0 mm. (dot- centre dot 1 of the first character to dot- centre dot 1 of the following character). The measure (d) between the end- character's dot-centre and the dot-centre of the beginning character of a following word is 2 x c, 6.0 mm. x 2 = 12.0 mm. Line spacing (e): 10.0 mm. (dot-centre dot 1 to dot-centre dot 1 of the following line). Dot-diameter: approx. 1.3 mm. (dot diameter of the basis of an embosser) or 1.6 mm. (dot diameter of a female die). Braille code for “EU DISABILITY CARD” using the Marburg Medium code dimension.
Amendment 463 #
Proposal for a directive
Annex I – point 10 a (new)
Annex I – point 10 a (new)
10 a. Hologram A hologram with metallization shall be inserted on the recto side. The hologram shall include the words “EU Disability Card” and a circle composed by 12 white stars.
Amendment 468 #
Proposal for a directive
Annex II – point 2 – introductory part
Annex II – point 2 – introductory part
2. The colour of the card shall be dark blue and yellow, as set in above picture and with references:Pantone blue reflex and pantone yellow can be used for the right side of the document, since these colours are suggested by the Commission for representing the EU flag. The background security print shall include a grid pattern printed using the pantone colour(s). The background shall include microprints with the words “EUROPEAN PARKING CARD”.
Amendment 469 #
Proposal for a directive
Annex II – point 2 – indent 1
Annex II – point 2 – indent 1
Amendment 470 #
Proposal for a directive
Annex II – point 2 – indent 2
Annex II – point 2 – indent 2
Amendment 477 #
Proposal for a directive
Annex II – point 3 – point c – indent 7 a (new)
Annex II – point 3 – point c – indent 7 a (new)
– Secondary id card number
Amendment 479 #
Proposal for a directive
Annex II – point 5 a (new)
Annex II – point 5 a (new)
5 a. Materials. To ensure that data are properly secured against attempts at forgery or fraudulent alteration it is very strongly recommended to use security materials with anti-forgery security elements. Example 1: Security paper with watermark and security fibres. Holographic feature or equivalent security feature. Lamination can be added to protect the document. Example 2: Polycarbonate or equivalent material. In this case, to ensure that data are properly secured against attempts at forgery or fraudulent alteration it is very strongly recommended to integrate the biographical data, including the portrait, and main issue data, into the basic material of the document. Holographic feature or equivalent security feature can be integrated in the structure of the document.