Activities of José GUSMÃO 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 (25)
Amendment 91 #
Proposal for a directive
Recital 10
Recital 10
(10) Due to the lack of recognition of disability status between Member States, persons with disabilities may face specific difficulties when exercising their fundamental rights of free movement. The Social Model of Disability establishes that it is society which disables physically impaired people. Disability is something imposed on top of impairments, by the way persons with disabilities are unnecessarily isolated and excluded from full participation in society. Impairment is the functional limitation within the individual caused by physical, mental or sensory impairment. Disability is the loss or limitation of opportunities to take part in the normal life of the community due to physical and social barriers. Member States are encouraged to modify their nationally applied definitions to align with the Social Model of Disability and to design fair and transparent disability assessment procedures accordingly.
Amendment 106 #
Proposal for a directive
Recital 14
Recital 14
(14) Furthermore, not knowing whether and, if so, to what extent their disability 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 may be deterred from exercising their rights of free movement. An exemption shall be added to Art. 2.2 to allow for temporary recognition of ones’ disability status for the transition phase when moving abroad for work or studies, and while one is undergoing the reassessment procedure to have ones’ disability recognized by the new Member State. This exemption shall also apply to participants in EU Mobility Programmes, such as ERASMUS+ for example.
Amendment 121 #
Proposal for a directive
Recital 18
Recital 18
(18) On the basis of their disability status, persons with disabilities 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 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 (or person(s) accompanying or assisting them including personal assistant(s)) and criteria which must be fulfilled in order to be eligible. In order to strengthen the proposal on the Parking Card and to make some concrete improvements for persons with disabilities, a new database shall be set up to inform persons with disabilities of the different parking rights and rules concerning disabled parking spaces in the different Member States and its regions, cities, and municipalities.
Amendment 131 #
Proposal for a directive
Recital 23
Recital 23
(23) Beside parking conditions and facilities, the services, activities and facilities covered by this Directive concern the provision of accessibility and reasonable accommodation measures for a wide variety of ever-changing activities, including activities provided not for remuneration, by public authorities or private operators, either on a mandatory (on the basis of national/local rules or legal obligations) but often also on a voluntary basis (in particular by private operators) in a variety of policy domains, such as culture, leisure, tourism, sports, public and private transport, education, employment and healthcare.
Amendment 195 #
Proposal for a directive
Article 2 – paragraph 1 – indent 2 a (new)
Article 2 – paragraph 1 – indent 2 a (new)
– education, youth exchanges and socio-educational exchanges within the meaning of Article 165 TFEU,
Amendment 208 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. Exceptions to paragraph 2 shall be made by Member States to ensure equal treatment and opportunities between national and other Europeans with disabilities: (a) when a European Disability Card holder moves to the Member State to a work contract or enrolment in an education institution until their disability is re-assessed in the national system; (b) when a European Disability Card holder participates in an EU Mobility Programme.
Amendment 220 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) “persons with disabilities” means persons who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. The Social Model of Disability establishes that it is society who disables physically impaired people. Disability is something imposed on top of impairments, by the way disabled people are unnecessarily isolated and excluded from full participation in society. Impairment is the functional limitation within the individual caused by physical, mental or sensory impairment. Disability is the loss or limitation of opportunities to take part in the normal life of the community due to physical and social barriers;
Amendment 235 #
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 and fundamental freedoms;
Amendment 237 #
Proposal for a directive
Article 3 – paragraph 1 – point f b (new)
Article 3 – paragraph 1 – point f b (new)
(f b) co-production is a relationship where professionals and citizens share power to design, plan and deliver support together, recognising that both partners have vital contributions to make in order to improve quality of life for people and communities. It entails several components: Co-design, including planning of services; Co-decision making in the allocation of resources; Co-delivery of services, including the role of volunteers in providing the services; Co- evaluation of the services;
Amendment 239 #
Proposal for a directive
Article 3 – paragraph 1 – point f c (new)
Article 3 – paragraph 1 – point f c (new)
(f c) an organization representing disabled people has to have a membership consisting of disabled people in its entirety. The board and all governing body have to consist of disabled people. The Organisation has to prove that a strong effort is undertaken to fill remunerated positions, including senior positions, with adequately qualified disabled staff.
Amendment 243 #
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 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 250 #
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 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 286 #
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 if such is the procedure according to the national disability recognition, or upon application by the person with disabilities. It shall be issued and renewed totally 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. The card shall never be required as a proof of disability in the context of rights established in other Union legislation.
Amendment 314 #
Proposal for a directive
Article 6 – paragraph 7 a (new)
Article 6 – 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.
Amendment 315 #
Proposal for a directive
Article 6 – paragraph 7 b (new)
Article 6 – paragraph 7 b (new)
7 b. Member States shall encourage public authorities to upload relevant information in the database.
Amendment 349 #
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, as well as in national sign languages and easy to read format, and upon request in assistive formats requested by persons with disabilities. This information, including information about the services covered in article 2, paragraph 1, shall be collected on EU-level website and shall be available in all EU languages.
Amendment 358 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall take appropriate measures and the European Commission shall define and coordinate, taking in consideration the participation of all relevant stakeholders, a campaign 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 382 #
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 an EU- level website in all EU languages, 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.
Amendment 386 #
Proposal for a directive
Article 9 – paragraph 7 a (new)
Article 9 – paragraph 7 a (new)
7 a. The information referred to in paragraph 1 and 2 of this Article shall be understandable, without exceeding a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages.
Amendment 391 #
Proposal for a directive
Article 9 – paragraph 7 b (new)
Article 9 – paragraph 7 b (new)
7 b. The Commission shall ensure that sufficient funding is made available to the Member States to cover the cost of the administrative procedures, the physical issuing of the Card, the information provision, and the awareness raising campaign, and other related costs.
Amendment 395 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult primarily, and in the framework of a co-production methodology, persons with disabilities and their representative organisations, as well as other relevant 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. If the disabled people involved do not do this work in a professional capacity at a disabled people´s organization, a monetary compensation shall be provided.
Amendment 403 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall be assisted by a committee and shall formally, and within a co-production and participatory methodology, involve formal and informal representative organisations of persons with disabilities. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 419 #
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. To this end, EU sufficient funding shall be provided as mentioned in Article 9.
Amendment 426 #
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.
Amendment 439 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall adopt and publish, by dd/mm/yy [within 182 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.