34 Amendments of Miriam LEXMANN related to 2023/0311(COD)
Amendment 81 #
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 otherand all aspects of life on an equal basis with persons without disabilities. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure accessibility to persons with disabilities.
Amendment 87 #
Proposal for a directive
Recital 8
Recital 8
(8) Directive (EU) 2019/882 of the European Parliament and the Council41 (the ‘European Accessibility Act’) aims to overcome obstacles for persons with disabilities and persons with physical impairments and to improve access to products and services by eliminating and preventing barriers arising from divergent accessibility requirements in the Member States, thus contributing to increasing the availability of accessible products and services in the internal market, including access to websites and mobile device based service of certain public services42 , and improve the accessibility of relevant information. In addition, Union law also guarantees the right to non-discrimination in access to transport and other rights such as the right to receive assistance free of charge for passengers with disabilities and reduced mobility travelling by air43 , rail44 , waterborne means of transport45 , or bus and coach46 . Union law also enables the Member States to provide for reduced fees or user charges for toll roads/bridges/tunnels as well as exemptions from the obligation to pay such fees or user charges for or any vehicle used or owned by persons with disabilities as concerns the roads subject to road charging47 . _________________ 41 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services, (OJ L 150, 7.6.2019, p. 70). 42 In addition, Directive (EU) 2016/2102 on the accessibility of the websites and mobile applications of public sector bodies, aims to improve the accessibility of public sector bodies websites and their mobile apps. 43 Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air, OJ L 204, 26.7.2006, p. 1. 44 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations OJ L 172, 17.5.2021, p. 1. 45 Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004, OJ L 334, 17.12.2010, p. 1. 46 Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1). 47 European Parliament and Council, Directive (EU 1999/62/EC and European Parliament and Council Directive (EU) 2022/362 amending Directives 1999/62/EC, 1999/37/EC and (EU) 2019/520, as regards the charging of vehicles for the use of certain infrastructures.
Amendment 94 #
Proposal for a directive
Recital 10
Recital 10
(10) Due to the lack of mutual recognition of disability status between Member States, persons with disabilities may face specificfrequently face difficulties when exercising their fundamental rights of free movement.
Amendment 99 #
Proposal for a directive
Recital 12
Recital 12
(12) However, persons with recognised disability status travelling to or visiting for a short period of time a Member States other than the Member State in which they reside, mayoften encounter significant difficulties, if their disability status is not recognised in the Member State they travel to or visit and if they do not hold a certificate, disability card or any other formal document recognising their disability status in the host Member State, in order to benefit from special conditions and/or preferential treatment offered there. Persons with non-visible disabilities often face specific difficulties when being asked to prove their disability while travelling.
Amendment 114 #
Proposal for a directive
Recital 15
Recital 15
(15) Alongside physical and other barriers in accessing both public and private spaces as well as services and activities, high expenses are a key factor discouraging many persons with disabilities from travel48 , because they have specific needs and may also require person(s) accompanying or assisting them including those recognised as personal assistant(s) in accordance with national legislation or practices, making their travel costs higher than for persons without disabilities49 . The lack of automatic recognition of disability status in other Member States mightoften limits 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 128 #
Proposal for a directive
Recital 22
Recital 22
(22) Mutual recognition of the European Disability Card and the European Parking Card for persons with disabilities should facilitate and guarantee persons with recognised disability status in a Member State, access to special conditions or preferential treatment offered by private operators or public authorities in a variety of services, activities and facilities, including when not provided for remuneration, as well as access to parking conditions and facilities reserved for persons with disabilities or, where applicable, person(s) accompanying or assisting them including personal assistant(s), on equal terms and conditions as those provided for on the basis of national certificates, disability cards or other formal documents recognising disability status and parking cards for persons with disabilities issued by the competent authorities in the host country.
Amendment 140 #
Proposal for a directive
Recital 25
Recital 25
(25) The issuance, renewal and withdrawal 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 rules, procedures and competences for the assessment and recognition of disability status and parking rights for persons with disabilities.
Amendment 143 #
Proposal for a directive
Recital 26
Recital 26
(26) In addition to the physical format, Member States should provide for a digital card when format and specifications have been set via delegated and implementing acts, after proposal by the Commission. Such proposal should build on the experience of The Pilot Project on the EU Disability card as well as of past and ongoing work at European level on digitalisation of certificates and documents, such as the EU Digital COVID Certificate set up under Regulation (EU) 2021/953 and enable the use of the European Disability Card and the European Parking Card via EU Digital Identity Wallets52 . Persons with disabilities should be duly informed about these possibilities and be given the option to use either the digital or physical one, or both. _________________ 52 COM(2021) 281final
Amendment 151 #
Proposal for a directive
Recital 29
Recital 29
(29) In order to guarantee that workers and participants of EU mobility programmes with disabilities can effectively exercise their rights to free movement fully and also enjoy services, activities and facilities offered by Member States, including when provided not for remuneration, to the holders of national certificates, disability cards or other formal documents recognising disability status, the European Disability Card and the European Parking Card for persons with disabilities should also be available to workers and participants of EU mobility programmes who travel to or visit another Member State for work-related or educational purposes.
Amendment 163 #
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 including via dedicated EU-level website in all EU languages 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. 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 166 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) In order to strengthen the proposal on the European Parking Card and to make tangible improvements for persons with disabilities and person(s) accompanying or assisting them including personal assistant(s), a new database shall be set up to inform persons with disabilities or person(s) accompanying or assisting them including personal assistant(s) of the different parking rights and rules concerning disabled parking spaces in the different Member States and its regions, cities, and municipalities.
Amendment 169 #
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 and exchange information on such cases.
Amendment 185 #
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 or, where applicable, person(s) accompanying or assisting them including their personal assistant(s), in view of facilitating visits and short stays of persons with disabilities in a Member State other than that of which they are a residents, 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, where applicable, person(s) accompanying or assisting them including their personal assistant(s);
Amendment 206 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. Without prejudice to the Article 2.2, temporary recognition of disability status shall be exceptionally allowed for the transitional period of time while: a) the person with disabilities is in the process of recognition of disability status after moving to the Member State different from the Member State of his/her residence for work-related or educational purposes; b) the person with disabilities participates at the EU mobility programme in a Member State different from the Member State of his/her residence.
Amendment 231 #
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, where applicable, 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 240 #
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, where applicable according to national rules, 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 249 #
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, where applicable according to national rules, 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 259 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that holders of a European Disability Card, while travelling to or visiting 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) and 2(2a).
Amendment 283 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. European Disability Cards issued by one Member States shall be mutually recognised in all Member States.
Amendment 288 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The European Disability Card shall be issued or renewed by the Member State of residence directly or upon application by the person with disabilities. It shall be issued and renewein compliance with the applicable national legislation and procedures either directly or upon application by the person with disabilities. Persons with disabilities should be duly informed about the possibility to apply for this card if it is not issued directly. It shall be issued and renewed free of charge for the beneficiary and 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 302 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The European Disability Card shall be issued as a physical card and shall be complemented by a digital format upon adoption of the delegated acts referred to in paragraph 7. Persons with disabilities shall be given the option to use, on equal footing, either the digital or physical card, or both.
Amendment 321 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. European Parking Cards for persons with disabilities issued by one Member States shall be mutually recognised in all Member States.
Amendment 337 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The European Parking Card for persons with disabilities shall be issued or renewed as a physical card and shall be complemented by a digital format upon adoption of the delegated acts referred to in paragraph 7. Persons with disabilities shall be given the option to use, on equal footing, either the digital or physical card, or both.
Amendment 343 #
Proposal for a directive
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. The Commission shall set up a publicly available database that contains relevant information related to the applicable parking rules, conditions, and spaces as defined on local, regional, or national level. The database shall be available in all EU languages. Member States shall make sure that public authorities upload and regularly update relevant information in the database.
Amendment 351 #
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, and uponcluding on an EU- level website in all EU languages. The information shall be available in accessible formats, including in digital formats, as well as in national sign languages and easy-to-read format, and upon individual request in other assistive formats requested by persons with disabilities.
Amendment 362 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States and the Commission shall take appropriate measures, including via dedicated campaigns on national and EU level, to raise awareness among the public and inform persons with disabilities, including in accessible ways, about the existence and conditions to obtain, use, or renew the European Disability Card and the European Parking Card for persons with disabilities.
Amendment 376 #
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
5. 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. Member States shall exchange information on the cases of abuse or misuse of the cards.
Amendment 379 #
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, an EU-level website in all EU languages, or by other suitable means, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882. These information shall not exceed the level of complexity B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages.
Amendment 385 #
Proposal for a directive
Article 9 – paragraph 7 a (new)
Article 9 – paragraph 7 a (new)
7 a. The Commission shall ensure that appropriate funding is made available to the Member States to cover the cost of the administrative procedures, the physical issuing of the Cards, the information provision, and the awareness raising campaigns as well as other necessary related costs.
Amendment 390 #
7 b. The Commission shall establish a dedicated EU-level website containing relevant and regularly updated information on the special conditions or preferential treatment offered by Member States to holders of the European Disability Card. The website shall be available in all EU languages and in accessible formats.
Amendment 401 #
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 407 #
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 429 #
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 of level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages.
Amendment 473 #
Proposal for a directive
Annex II – point 3 – point b – indent 1
Annex II – point 3 – point b – indent 1
– in capital letters, the words ‘European Parking Card for persons with disabilities’ in the language(s) of the Member State issuing the card; after a suitable space, it shall appear in small type in the other languages of the European Union; The words “European Parking Card” shall be displayed in braille using the Marburg code dimensions.