Activities of David CASA related to 2023/0311(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council establishing the European Disability Card and the European Parking Card for persons with disabilities
Amendments (15)
Amendment 130 #
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 (including hospitals, health care institutions and emergency services) 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, 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 136 #
Proposal for a directive
Recital 24
Recital 24
(24) Examples of special conditions or preferential treatment include free access, reduced tariffs, reduced fees or user charges for toll roads/bridges/tunnels, priority access, designated seats in parks and other public areas, accessible seating in cultural or public events, personal assistance, assistance animals, assistance on the beach to enter the water, support (such as access to braille, audio guides, sign language interpretation), provisions of aids or assistance, loan of a wheelchair, loan of a floating wheelchair, obtaining tourist information in accessible formats, using a mobility scooter on roads or a wheelchair in bike lanes without a fine, etc. Parking conditions and facilities include extended parking or reserved parking spaces. With respect to passenger transport services, in addition to the special conditions or preferential treatment offered to persons with disabilities, in accordance with national legislation or practices, assistance animals, personal assistants or other persons accompanying or assisting persons with disabilities (or reduced mobility) may travel free of charge or be seated, where practicable next to the person with disabilities. Persons accompanying or assisting persons with disabilities are designated by the persons with disabilities themselves and can change on an ad hoc basis depending on their needs.
Amendment 144 #
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 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 given the optionfree to decide to use either the digital or physical one, or both. on an equal basis and without discrimination. _________________ 52 COM(2021) 281final
Amendment 167 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) There is a need for the Commission to develop guidelines for common universally recognized pictograms for different types of assistance required by persons with disabilities.
Amendment 179 #
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36 a) Member States should strive to curtail fraudulently obtained disability benefits to uphold mutual trust in national social protection arrangements across the Union, as the mutual recognition of disability entitlements is the cornerstone of the proper functioning of the European Disability Card. Instances of systemic fraud and corruption relating to disability benefits severely undermine such trust, have a detrimental effect on the ability to secure Union-wide social protection, and risk undermining the rights of those genuinely deserving of disability benefits.
Amendment 196 #
Proposal for a directive
Article 2 – paragraph 1 – indent 3
Article 2 – paragraph 1 – indent 3
– other activities and facilities, , including where not provided for remuneration, including hospitals, care institutions and emergency services.
Amendment 201 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 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. Unless the Member State that issued the card maintains its benefits during that period.
Amendment 210 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. In case of a negative result of reassessment, Member State may choose to recover the costs associated with the provision of the benefits in the area of social security from the beneficiary.
Amendment 293 #
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 renewed within the same periodfree of charge for the beneficiary and within a reasonable period from the date of the application 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 327 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The European Parking Card for persons with disabilities shall be issued or renewed by the Member State of residence upon application by the person with disabilities. It shall be issued or renewed free of charge for the beneficiary and within a reasonable period from the date of the application which shall not exceed 60 days.
Amendment 361 #
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. The Commission shall undertake a European awareness raising campaign in cooperation with the Member States.
Amendment 370 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. The Commission shall ensure that appropriate funding is made available to the Member States to address costs related to the information provision and awareness raising obligations under this Article and Article 15 of the Directive.
Amendment 371 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. 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 without jeopardizing access to the card for persons with disabilities.
Amendment 374 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. Member States shall ensure that public fraud, especially in the area of social benefits, is promptly and thoroughly investigated and, where relevant, prosecuted, to ensure the well- functioning of this Directive.
Amendment 450 #
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. Encourages Member States to include a graphic, digital or written indication such as a pictogram illustrating the nature of assistance required by the card holder, on a voluntary basis upon the request of the beneficiary and without disclosing the nature of their disability to prevent stigmatisation of any nature, on the back of the European Disability Card. The Commission shall develop guidelines for common pictograms for different types of assistance.