95 Amendments of Antonius MANDERS related to 2023/0311(COD)
Amendment 70 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons (Text with EEA relevance)
Amendment 74 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) In Article 25 of the Charter, the Union recognises and respects the right of older persons to lead a dignified and independent life and to participate in social and cultural life.
Amendment 90 #
Proposal for a directive
Recital 9
Recital 9
(9) Persons with disabilities and older persons may apply to competent authorities in the Member State in which they reside for the recognition of disability or elderly status as this is a matter within their competence. Each Member State and its respective competent authorities have a disability assessment procedure which differs from Member State to Member State. Where the competent authorities recognise the disability or elderly status of an applicant, they issue a disability certificate, a disability card, elderly card or other formal document recognising the applicant’s disability or elderly status.
Amendment 93 #
Proposal for a directive
Recital 10
Recital 10
(10) Due to the lack of recognition of disability or elderly status between Member States, persons with disabilities and older persons may face specific difficulties when exercising their fundamental rights of free movement.
Amendment 97 #
Proposal for a directive
Recital 11
Recital 11
(11) Persons with disabilities and older persons moving for longer periods to other Member States for employment, study , living or staying in other Member States for other purposes, except where otherwise provided by law or agreed among Member States, may have their disability or elderly status assessed and formally recognised by the competent authorities in the other Member State and may receive a disability certificate, a disability card, elderly card, or any other formal document recognising their disability or elderly status in accordance with applicable rules of that Member State.
Amendment 100 #
Proposal for a directive
Recital 12
Recital 12
(12) However, persons with recognised disability status and older persons travelling to or visiting for a short period of time a Member States other than the Member State in which they reside, may encounter significant difficulties, if their disability or elderly status is not recognised in the Member State they travel to or visit and if they do not hold a certificate, disability card, elderly card, or any other formal document recognising their disability or elderly status in the host Member State, in order to benefit from special conditions and/or preferential treatment offered there.
Amendment 102 #
Proposal for a directive
Recital 13
Recital 13
(13) In this case, persons with disabilities and older persons travelling to or visiting another Member State are put at a disadvantage when exercising their free movement rights as compared to persons with disabilities and older persons holding a disability certificate, a disability card, elderly card or any other formal document recognising their disability status in the Member State they travel to or visit.
Amendment 107 #
Proposal for a directive
Recital 14
Recital 14
(14) Furthermore, not knowing whether and, if so, to what extent their disability or elderly status and formal documents recognising this status may be recognised when travelling to or visiting another Member State, creates uncertainty for them. Ultimately, persons with disabilities and older persons may be deterred from exercising their rights of free movement.
Amendment 113 #
Proposal for a directive
Recital 15
Recital 15
(15) Alongside physical and other barriers in accessing both public and private spaces, high expenses are a key factor discouraging many persons with disabilities and older persons 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 disabilities and older persons49 . The lack of recognition of disability or elderly status in other Member States might limit 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 117 #
Proposal for a directive
Recital 16
Recital 16
(16) Preferential treatment (such as personal assistance, priority access, etc.) offered with or without remuneration may be important for persons with disabilities and older persons to be able to access various services, activities or facilities and to better experience them. However, due to the lack of recognition, in the Member State they visit or travel to, of their disability or elderly status and of formal documents recognising this status issued in other Member States, persons with disabilities and older persons may not be able to benefit from the special conditions or preferential treatment offered by private operators or public authorities in that Member State to holders of a disability certificate, disability card, elderly card or any other formal document recognising their disability status issued there.
Amendment 122 #
Proposal for a directive
Recital 18
Recital 18
(18) On the basis of their disability or elderly status, persons with disabilities and older persons may apply for a parking card to competent authorities in the Member State in which they reside for the issuance of a parking card for person with disabilities and older persons which recognises the right to certain parking conditions and facilities reserved for persons with disabilities. Each Member State has in place an application procedure, be it at local, regional or national level, to obtain a parking card for person with disabilities and older persons (or person(s) accompanying or assisting them including personal assistant(s)) and criteria which must be fulfilled in order to be eligible.
Amendment 125 #
Proposal for a directive
Recital 19
Recital 19
(19) Council Recommendation 98/376/EC51 has provided for a European model of a parking card for persons with disabilities, which has facilitated the recognition of the parking card across Member States. However, its implementation and the inclusion of national specific additions or deviations from the recommended model have led to a variety of different cards. This hinders the cross-border recognition of the cards across Member States, hampering the access of persons with disabilities and older persons to parking conditions provided and facilities reserved for persons with disabilities and older persons who are holders of a parking card in other Member States. Moreover, the Council Recommendation has not been updated to reflect ongoing technological and digitalisation developments. Member States also experience problems with fraud and forgery of the cards, as the format is usually quite simple and easily forged and in practice different in each Member States, which makes it difficult to verify. _________________ 51 Council Recommendation of 4 June 1998 on a parking card for people with disabilities (OJ L 167, 12.6.1998, p. 25), 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 126 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to facilitate the access by persons with disabilities and older persons to special conditions or preferential treatment related to services, activities and facilities, including when provided not for remuneration, in other Member States, remaining barriers and difficulties in travelling to or visiting another Member State due to the lack of recognition of their disability or elderly status and of formal documents recognising this status issued in other Member States and parking rights should be removed.
Amendment 127 #
Proposal for a directive
Recital 21
Recital 21
(21) Therefore, in view of facilitating the exercise by persons with disabilities and older persons when travelling to or visiting another Member State for a short period, of the rights to access special conditions or preferential treatment offered by private operators or public authorities without discrimination on grounds of nationality on the same basis as persons with disabilities and older persons in that Member State, and in view of facilitating the use of transport and benefiting from parking conditions and facilities reserved for persons with disabilities and older persons on the same basis as in that Member State, it is necessary to establish the framework, rules and common conditions, including a common standardised model, for a European Disability and Elderly Card as proof of recognised disability or elderly status and for a European Parking Card for persons with disabilities and older persons, as proof of their recognised right to parking conditions and facilities reserved for persons with disabilities and older persons.
Amendment 129 #
Proposal for a directive
Recital 22
Recital 22
(22) Mutual recognition of the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons should facilitate and guarantee persons with recognised disability or elderly 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 and older persons, on equal terms and conditions as those provided for on the basis of national certificates, disability and eldery cards or other formal documents recognising disability status and parking cards for persons with disabilities and older persons issued by the competent authorities in the host country.
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 137 #
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 and older persons, in accordance with national legislation or practices, assistance animals, personal assistants or other persons accompanying or assisting persons with disabilities and older persons (or reduced mobility) may travel free of charge or be seated, where practicable next to the person with disabilities and older persons.
Amendment 139 #
Proposal for a directive
Recital 25
Recital 25
(25) The issuance of the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons 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 and older persons.
Amendment 145 #
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 and Elderly Card and the European Parking Card via EU Digital Identity Wallets52 . Persons with disabilities and older persons should be given the option to use either the digital or physical one, or both. _________________ 52 COM(2021) 281final
Amendment 147 #
Proposal for a directive
Recital 27
Recital 27
(27) The issuance of the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons entails the processing of personal data, including in particular the data concerning the card holder’s disability or elderly status, which constitutes ‘data concerning health’ within the meaning of Article 4(15) of Regulation (EU) 2016/67953 and is a special category of personal data within the meaning of Article 9 of that Regulation. Any personal data processing in the context of this Directive should comply with applicable data protection legislation, in particular Regulation (EU) 2016/679. When transposing this Directive, the Member States should ensure that the national legislation include appropriate safeguards applicable to the processing of personal data, in particular special categories of personal data. The Member States should also ensure the security, integrity, authenticity and confidentiality of the data collected and stored for the purpose of this Directive _________________ 53 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 149 #
Proposal for a directive
Recital 28
Recital 28
(28) The Member State responsible for issuing the European Disability and Elderly Card or the European Parking Card for persons with disabilities and older persons should be the one where the person habitually resides within the meaning of Regulations (EC) Nos 883/2004 of the European Parliament and of the Council54 and (EC) No 987/2009 of the European Parliament and of the Council55 and received the assessment of their disability or elderly status. Holders of a European Disability and Elderly Card or European Parking Card for persons with disabilities and older persons should be able to use the cards during their stay in any other Member State. _________________ 54 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1) 55 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).
Amendment 153 #
Proposal for a directive
Recital 29
Recital 29
(29) In order to guarantee that workers with disabilities and older persons 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, the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons should also be available to workers who travel to or visit another Member State for work-related purposes.
Amendment 157 #
Proposal for a directive
Recital 30
Recital 30
(30) The envisaged framework for mutual recognition of the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons does not impinge on the competences of a Member State to assess and recognise the disability or elderly status and to grant special conditions, such as free access, reduced tariffs or preferential treatment for persons with disabilities, older persons, and/or person(s) accompanying or assisting them including personal assistant(s). It does not cover social security benefits, social protection or social assistance covered by Article 24(2) of Directive 2004/38/EC of the European Parliament and of the Council56 . _________________ 56 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, OJ L 158, 30.4.2004, p. 77.
Amendment 162 #
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 and Elderly Card and/or the European Parking Card for persons with disabilities and older persons and its subsequent use should be made publicly available in a clear, comprehensive, user- friendly manner and accessible formats for persons with disabilities and older persons 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 and older persons should make such information publicly available in a clear, comprehensive, user-friendly manner and accessible formats, for persons with disabilities and older persons respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882.
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 170 #
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 and Elderly Card or the European Parking Card for persons with disabilities and older persons and should actively combat fraudulent use and forgery of these cards.
Amendment 172 #
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 and Elderly Card and the European Parking Card for persons with disabilities and older persons, 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.
Amendment 174 #
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 further specifying the respective formats of the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons, 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 177 #
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, older persons and person(s) accompanying or assisting them including personal assistant(s), as well as public bodies or private associations, organisations or other legal entities which have a legitimate interest may take action on behalf of a person with disabilities or on behalf of a older person under national law.
Amendment 181 #
Proposal for a directive
Recital 37
Recital 37
(37) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter. Notably, this Directive seeks to ensure full respect for the rights of persons with disabilities and older persons to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community and to promote the application of Article 26 of the Charter.
Amendment 183 #
Proposal for a directive
Recital 38
Recital 38
(38) Since the objective of this Directive, namely to enhance the possibilities for persons with disabilities and older persons to travel to or visit another Member States, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action establishing a framework with rules and common conditions, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,
Amendment 186 #
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 and Elderly Card and the European Parking Card for persons with disabilities and older persons as proof respectively of a disability or elderly status or of a right to parking conditions and facilities reserved for persons with disabilities and older persons, in view of facilitating short stays of persons with disabilities and older persons 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, or parking conditions and facilities offered to or reserved for persons with disabilities, older persons or person(s) accompanying or assisting them including their personal assistant(s);
Amendment 191 #
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) common templates for the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons.
Amendment 192 #
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 special conditions or preferential treatment are offered by private operators or public authorities to persons with disabilities and older persons as regards access to the following services, activities and facilities:
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 211 #
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 or elderly status, or for granting the right to parking conditions and facilities reserved for persons with disabilities and older persons. It does not affect Member States’ competence to issue in addition at national, regional or local level, a certificate, a disability card, elderly card, or any other formal document for persons with disabilities and older persons.
Amendment 215 #
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
4. This Directive does not impinge on national competences to grant or require to grant special benefits or specific, preferential conditions, such as free access, reduced tariffs, or preferential treatment for persons with disabilities, older persons, and, where provided, for person(s) accompanying or assisting them including their personal assistant(s).
Amendment 218 #
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. This Directive shall be without prejudice to the rights that persons with disabilities, older persons, or person(s) accompanying or assisting them, including their personal assistant(s), may derive from other provisions of Union law or national law implementing Union law, including those granting specific benefits, special conditions, or preferential treatment.
Amendment 222 #
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(c a) “older persons” means persons of older age, those aged 65 years or more, which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others;
Amendment 224 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) “personal assistant” is a person accompanying or assisting persons with disabilities and older persons who is recognised in accordance with the national legislation or practices as such;
Amendment 228 #
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 older persons 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 practices as such, irrespective whether provided on a voluntary basis or imposed by legal obligations;
Amendment 233 #
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 and older persons in general as well as associated parking benefits for, or preferential conditions afforded to, persons with disabilities and older persons, 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 248 #
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(a a) Union citizens and family members of Union citizens whose elderly 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 252 #
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 whose rights to parking conditions and facilities reserved for persons with disabilities and older persons 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 256 #
Proposal for a directive
Article 5 – title
Article 5 – title
Equal access to special conditions or preferential treatment and to parking conditions and facilities for persons with disabilities and older persons
Amendment 258 #
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 and Elderly Card, while travelling to or, visiting, living in, working or studying in 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 and older persons who are holders of a disability certificate, disability card, elderly 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 262 #
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 and older persons while travelling to or visiting, visiting, living in, working or studying in a Member State other than that of which they are a resident, shall be granted access to parking conditions and facilities reserved for persons with disabilities and older persons 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 265 #
Proposal for a directive
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) when special conditions or preferential treatment referred to in paragraph 1 of this Article include favourable conditions for person(s) accompanying or assisting them including personal assistant(s) or specific conditions for assistance animals, these favourable or specific conditions are granted on equal terms and conditions to the person(s) accompanying or assisting them, including personal assistant(s) or assistance animals of the holder of a European Disability and Elderly Card;
Amendment 270 #
Proposal for a directive
Article 5 – paragraph 3 – point b
Article 5 – paragraph 3 – point b
(b) when parking conditions and 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 and older persons.
Amendment 272 #
II EUROPEAN DISABILITY AND ELDERLY CARD AND EUROPEAN PARKING CARD FOR PERSONS WITH DISABILITIES AND OLDER PERSONS
Amendment 273 #
Proposal for a directive
Article 6 – title
Article 6 – title
Format, mutual recognition, issue and validity of the European Disability and Elderly Card
Amendment 276 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall introduce the European Disability and Elderly 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 and Elderly 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 and Elderly Card in Annex I.
Amendment 282 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. European Disability and Elderly Cards issued by Member States shall be mutually recognised in all Member States.
Amendment 285 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Competent authorities in the Member States shall issue, renew or withdraw the European Disability and Elderly Card in accordance with their national rules, procedures and practices. Without prejudice to Regulation (EU) 2016/679, Member States shall ensure the security, integrity, authenticity and confidentiality of the data collected and stored for the purpose of this Directive. The competent authority responsible for issuing the European Disability and Elderly Card shall be considered as the controller referred to in Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of personal data. Cooperation with external service providers shall not exclude any liability on the part of a Member State which may arise under Union or national law in respect of breaches of obligations with regard to personal data.
Amendment 294 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The European Disability and Elderly Card shall be issued or renewed by the Member State of residence directly or upon application by the person with disabilities and older persons. It shall be issued and renewed within the same period set in the applicable national legislation for issuing disability certificates, disability cards, elderly cards or any other formal document recognising the disability status of a person with disabilities and older persons.
Amendment 300 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. The costs of the European Disability and Elderly Card for card holders shall be equal in all Member States.
Amendment 301 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The European Disability and Elderly 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 and older persons shall be given the option to use either the digital or physical card, or both.
Amendment 307 #
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The validity of the European Disability and Elderly Card issued by a Member State shall be at least for the same duration as that of the disability certificate, disability card, elderly 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 territory.
Amendment 311 #
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 and Elderly 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.
Amendment 316 #
Proposal for a directive
Article 7 – title
Article 7 – title
Format, mutual recognition, issue and validity of the European Parking Card for persons with disabilities and older persons
Amendment 317 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shall introduce the European Parking Card for persons with disabilities and older persons following the common standardised format set out in Annex II. Member States shall introduce digital features in physical cards using electronic means addressing fraud- prevention as part of the European Parking Card for persons with disabilities and older persons, as soon as the requirements concerning the digital features referred to in Annex II, 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 and Elderly Card in Annex II.
Amendment 320 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. European Parking Cards for persons with disabilities and older persons issued by Member States shall be mutually recognised in all Member States.
Amendment 323 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Competent authorities in the Member States shall issue, renew, or withdraw the European Parking Card for persons with disabilities and older persons in accordance with their national rules, procedures and practices. Without prejudice to Regulation (EU) 2016/679, Member States shall ensure the security, authenticity and confidentiality of the personal data collected and stored for the purpose of this Directive. The competent authority responsible for issuing the European parking Card for persons with disabilities and older persons shall be considered as the controller referred to in Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of personal data. Cooperation with external service providers shall not exclude any liability on the part of a Member State which may arise under Union or national law in respect of breaches of obligations with regard to personal data.
Amendment 328 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The European Parking Card for persons with disabilities and older persons shall be issued or renewed by the Member State of residence upon application by the person with disabilities or older persons. It shall be issued or renewed within a reasonable period from the date of the application which shall not exceed 60 days.
Amendment 332 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. The costs of the European Parking Card for persons with disabilities and older persons for card holders shall be equal in all Member States.
Amendment 334 #
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 and older persons 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]. _________________ 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 336 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The European Parking Card for persons with disabilities and older persons 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 and older persons shall be given the option to use either the digital or physical card, or both.
Amendment 340 #
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 older persons 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.
Amendment 347 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission shall adopt implementing acts establishing common technical specifications for further specifying the formats of the European Disability and Elderly Card and European Parking Card for persons with disabilities and older persons, their respective security and state of the art digital features including their specific format and, the data contained therein, including the appropriate security measures for the personal data, as well as interoperability matters, such as common EU applications for reading the data contained in digital features in physical cards using electronic means addressing fraud-prevention, as well as for defining the technical specifications of the digital card storage medium, for matters such as verifying the validity of the cards and their number, for controlling their authenticity, for preventing forgery and fraud, reading of the card(s) between Member States, for their use in the EU Digital Identity Wallet as well as for ensuring accessibility for persons with disabilities and older persons to any data in the cards.
Amendment 356 #
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 and Elderly Card and a European Parking Card for persons with disabilities and older persons publicly available in accessible formats, including in digital formats, and upon request in assistive formats requested by persons with disabilities and older persons.
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 365 #
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 and older persons, including in accessible ways, about the existence and conditions to obtain, use, or renew the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons.
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 372 #
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 and Elderly Card and European Parking Card for persons with disabilities and older persons.
Amendment 375 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Member States shall take the necessary measures to ensure that holders of a European Disability and Elderly Card or European Parking Card for persons with disabilities and older persons return their cards to the competent authority once the conditions under which they were issued are no longer fulfilled.
Amendment 377 #
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 and Elderly Card or European Parking Card for persons with disabilities and older persons are informed. The Member State of issuance shall ensure appropriate follow-up in accordance with national law or practice.
Amendment 378 #
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Member States shall carry out checks on compliance with the obligations deriving from the European Disability and Elderly Card or European Parking Card for persons with disabilities and older persons with the corresponding rights of persons with disabilities and older persons holding those cards and person(s) accompanying or assisting them including their personal assistant(s).
Amendment 393 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
By dd/mm/yy [within six months after the entry into force of this Directive], Member States shall notify to the Commission the competent authorities designated to issue, renew and withdraw the European Disability and Elderly Card and the European Parking Card for persons with disabilities and older persons.
Amendment 414 #
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) provisions whereby public 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 and older persons, with his or her approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive.
Amendment 423 #
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 special conditions or preferential treatment for persons with disabilities and older persons.
Amendment 434 #
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 and Elderly Card and European Parking Card for persons with disabilities and older persons with a view to assessing the need to review this Directive.
Amendment 435 #
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 and older persons, economic stakeholders and relevant non- governmental organisations, including organisations representing persons with disabilities and older persons.
Amendment 438 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall adopt and publish, by dd/mm/yy [within 1836 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 444 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. They shall apply those provisions from dd/mm/yy [3048 months from the date of entry into force of this Directive].
Amendment 447 #
Proposal for a directive
Annex I – subheading 1
Annex I – subheading 1
EUROPEAN DISABILITY AND ELDERLY CARD FORMAT
Amendment 449 #
Proposal for a directive
Annex I – paragraph 1
Annex I – paragraph 1
FRONT SIDE text European Disability and Elderly Card in English
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.
Amendment 453 #
Proposal for a directive
Annex I – point 1
Annex I – point 1
1. The size of the European Disability and Elderly Card shall be in accordance with ISO 7810.
Amendment 462 #
Proposal for a directive
Annex I – point 8
Annex I – point 8
8. The words European Disability and Elderly Card shall be displayed using Arial font and in braille using the Marburg code dimensions.
Amendment 465 #
Proposal for a directive
Annex II – subheading 1
Annex II – subheading 1
EUROPEAN PARKING CARD FOR PERSONS WITH DISABILITIES AND OLDER PERSONS FORMAT
Amendment 467 #
Proposal for a directive
Annex II – point 1 – introductory part
Annex II – point 1 – introductory part
1. The size of the European Parking Card for persons with disabilities and older persons shall be:
Amendment 471 #
Proposal for a directive
Annex II – point 3 – introductory part
Annex II – point 3 – introductory part
3. The European Parking Card for persons with disabilities and older persons shall be divided vertically into two parts on both the front and reverse.
Amendment 475 #
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 and older persons’ 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;
Amendment 478 #
Proposal for a directive
Annex II – point 3 – point d – indent 1
Annex II – point 3 – point d – indent 1
– the statement: ‘This card entitles the holder to local parking conditions and facilities reserved for persons with disabilities and older persons available in the Member State concerned’;