12 Amendments of Max ORVILLE related to 2023/0311(COD)
Amendment 78 #
Proposal for a directive
Recital 5
Recital 5
(5) The Union is a Party to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)39 , and is bound by its provisions which are an integral part of the Union legal order to the extent of its competences. All the Member States are Parties to the UNCRPD and are bound by it also to the extent of their competences. _________________ While the Union and all its Member States are bound by the UNCRPD there are significant differences in its implementation3a. There is a need to progress on equality for persons with disabilities both for the Union itself as well as in all Member States, for example through investments in infrastruture, capacity buidiling, training and awareness raising campaigns. The Union and all Member States should further ratify the Optional Protocol of the UNCRPD. _________________ 3a https://fra.europa.eu/en/publication/2023/ implementing-un-convention-rights- persons-disabilities-human-rights- indicators 39 Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities, OJ L 23, 27.1.2010, p. 35.
Amendment 141 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25 a) Experience shows that when presenting a European Disability Card or similar national recgnition of disability, due to a lack of awareness, misunderstandings or communication barriers persons with disabilities, particularly those with invisible disabilities, do not always receive the most relevant support and accomodation for their disability. Member States should therefore provide the option to persons with disabilities, when applying for the card to the relevant authorities, to choose to display relevant symbol(s) on the card in order to indicate their assistance requirements.
Amendment 160 #
Proposal for a directive
Recital 31
Recital 31
(31) In order to raise awareness and facilitate access to special conditions or preferential treatment for persons with disabilities, while travelling to or visiting another Member State, all relevant information with respect to the conditions, rules, practices, and procedures applicable to obtain the European Disability Card and/or the European Parking Card for persons with disabilities and its subsequent use should be made publicly available by Member States in a clear, comprehensive, user-friendly manner and accessible formats for persons with disabilities , including in digital formats, national sign languages and easy to read format, and upon request in assistive formats requested by persons with disabilities respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882. Private operators or public authorities granting special conditions or preferential treatment to persons with disabilities should make such information publicly available in a clear, comprehensive, user- friendly manner and accessible formats, for persons with disabilities, respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882.
Amendment 164 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) In order to increase the number of service providers who offer special conditions or preferential treatment for persons with disabilities, Member States should support and encourage private operators and public authorities through relevant measures including through providing information and exchanges of best practice on the different types of special conditions or preferential treatment which could be offered as well as the provision of training on disability mainstreaming and disability awareness to ensure the special conditions or preferential treatment offered is done so in an inclusive and accessible way. For example such training could address the accessibility issues faced by persons with disabilities, requirements of persons with different disabilities concerning communication, respectful and safe management of equipment, use of assistive augmentative communication (AAC) and how to provide and publicise any offer of special conditions or preferential treatments in an accessibly visible way. Member States should ensure all such measures are carried out in partnership with persons with disabilities and their representative organisation to ensure they are inclusive and effectives.
Amendment 168 #
Proposal for a directive
Recital 32
Recital 32
(32) Member States should take all the necessary steps to avoid any risk of forgery or fraud when issuing the European Disability Card or the European Parking Card for persons with disabilities and should actively combat fraudulent use and forgery of these cards. Member States should ensure that any measures taken to combat forgery or fraud ensure due regard and consideration to the rights of persons with disabilities and should not result in any interference with their legitimate interests in using either card or lead in any way to their stigmatisation. Member States should assess the impact of any measures on persons with disabilities and consult them and their representative organisations in the measures’ design and implementation.
Amendment 175 #
Proposal for a directive
Recital 35
Recital 35
(35) Member States should ensure that adequate and effective means exist to ensure compliance with this Directive and should therefore establish appropriate remedies, including checks on compliance and administrative and judicial procedures, to guarantee that persons with disabilities, person(s) accompanying or assisting them including personal assistant(s), as well as public bodies such as equality bodies or private associations, organisations in particular representative organisations of persons with disabilities or other legal entities which have a legitimate interest may take action on behalf of a person with disabilities under national law. Persons with disabilities should further have a right to redress, including adequate compensation, in case of infringements of their rights arising from this Directive. Member States should ensure these provisions comply with the principle of reasonable accommodation for persons with disabilities in their design and implementation in line with the UNCRPD.
Amendment 234 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(f a) “Reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights, fundamental freedoms and the rights provided under this Directive;
Amendment 342 #
Proposal for a directive
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. The Commission shall establish a publicly available Union database that contains relevant information related to the applicable parking conditions and facilities as defined at local, regional, or national level in each Member State. The database shall be available in all EU languages and the national sign languages of Member States as well as in accessible formats. Member States shall ensure public authorities upload this information to the database and update it where necessary.
Amendment 417 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that private operators or public authorities make information on any special conditions or preferential treatment pursuant to Article 5 publicly available in accessible formats clear, comprehensive, user-friendly and easily accessible way and in accessible formats. Member States shall establish a single dedicated website collating the special conditions or preferential treatment offered by their public authorities. Member States may also facilitate information concerning the special conditions or preferential treatment offered by private operators on the website where available. The website shall be in the official language(s) of the Member States, national sign language and English as well as any other relevant language(s) as determined by the Member State.
Amendment 421 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall support and encourage private operators or public authorities to voluntarily provide special conditions or preferential treatment for persons with disabilities in as wide a range of services, other activities and facilities as possible. In particular Member States shall support and encourage private operators and public authorities through, inter alia, the provision of information and exchange of best practices on possible special conditions or preferential treatment to be offered and the provision of disability- mainstreaming and awareness training so as to ensure the relevance, effectiveness and inclusivity of any special conditions or preferential treatment offered. Member States shall ensure all such measures are carried out in partnership with persons with disabilities and their representative organisations.
Amendment 425 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The information referred to in paragraph 1 of this article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible way, including through the private operators or public authorities’ official website where available, or by other suitable means, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882 without exceeding a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages, including in the national sign language(s).
Amendment 451 #
Proposal for a directive
Annex I – paragraph 2
Annex I – paragraph 2
BACK SIDE National information in the national language or national languages to be decided by the issuing Member State. Member States shall provide the option to persons with disabilities, when applying for the card to the relevant authorities, to display relevant symbol(s) on the card in order to indicate their required reasonable accommodation.