17 Amendments of José GUSMÃO related to 2023/0393(COD)
Amendment 15 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL extending Directive [XXXX] to third country nationals and stateless persons legally residing in a Member State
Amendment 17 #
Proposal for a directive
Recital 1
Recital 1
(1) In order to facilitate the exercise of rights by persons with disabilities when travelling to or visiting another Member State for a short period, Directive …./… [proposal for a Directive]3 established the framework, rules and common conditions, including a common standardised model, for a European Disability Card as proof of recognised disability status for accessing and benefitting from special conditions or preferential treatment offered by private operators or public authorities in a wide variety of services, activities and facilities, including when not provided for remuneration, and for a European Parking Card for persons with disabilities, as proof of their recognised right to parking conditions and facilities reserved for persons with disabilities 4 . _________________ 3 COM(2023) 512 final 4 COM(2023) 512 final
Amendment 23 #
Proposal for a directive
Recital 2
Recital 2
(2) To helpensure that Member States respect and fulfil their national equal treatment andthe equal treatment of, and fulfil their non-discrimination obligations vis-à- vis, persons with disabilities who are third- country nationals or stateless persons legally residing in their territory and not falling within the scope of the Directive [XXXX], and guarantee the recognition of their disability status across Member States, thus facilitating the exercise of their rights to move or travel to other Member States in accordance with Union law and ensuring a more effective participation and inclusion in society of persons with disabilities who are third- country nationals or stateless persons on an equal basis with Union citizens, it is necessary to extend the rules, rights and obligations laid down in Directive ../…. to persons with disabilities who are third country nationals or stateless persons legally residing in the territory of a Member State, whose disability status has been recognised by that Member State, and who are entitled to move or travel to other Member States in accordance with Union law.
Amendment 28 #
Proposal for a directive
Recital 3
Recital 3
(3) Therefore, Member States shall take the necessary measures to ensure that the rules governing the eligibility, issuance, renewal or withdrawal, mutual recognition and data protection 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, as well as the rights for beneficiaries, including access on equal terms and conditions 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 person(s) accompanying or assisting them including their personal assistant(s) regardless of their nationality, set out in Directive ../…., equally apply to third country nationals and stateless persons legally residing in the Union and who are entitled to move or travel to other Member States in accordance with Union law. The issuing of the European Disability Card and the European Parking Card for persons with disabilities should be free of charge to the card holder. The European Disability Card should be issued and renewed by the Member State of residence directly, where already provided for in the national disability assessment and recognition procedure or upon the application of the person with disabilities or card holder. Where not issued directly, persons with disabilities should be duly informed about the possibility to apply for the European Disability Card.
Amendment 32 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Third-country nationals with disabilities, in particular women and girls, are at a heightened risk of being subject to intersectional discrimination. The UNCRPD recognises the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status. In particular, it recognises the principle of gender equality, that women and girls with disabilities are often at greater risk and subject to multiple and intersectional discrimination and that State Parties to the UNPCRD should take adequate measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms. The European Disability Card and European Parking Card for persons with disabilities should therefore have a clear gender equality perspective and contribute to improving free movement, especially for women and girls with disabilities. The Convention on Preventing and Combating Violence against Women and Domestic Violence, to which the Union is party, should guide the establishment and implementation of the European Disability Card and the European Parking Card for persons with disabilities in that context.
Amendment 40 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3 b) The European Disability Card for persons with disabilities should not be required as proof of the disability status by persons with disabilities or persons accompanying or assisting them, including their personal assistants or assistance animals, in order to access or exercise any rights provided for in other Union or national law, including those granting specific benefits, special conditions, or preferential treatment.
Amendment 44 #
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3 c) The LGBTIQ+ Equality Strategy 20202-2025 enlightens that LGBTIQ+ persons with disabilities can face additional difficulties to obtain support and information, and to participate fully in community life and in society at large. The European Disability Card and European Parking Card for persons with disabilities should therefore have a clear equality perspective and contribute to support the rights of LGBTIQ+ persons with disabilities.
Amendment 47 #
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
(3 d) Personal assistants, regardless of their nationality, accompany or assist persons with disabilities or carry out activities of daily living if need be in the framework of a contractual relationship, in accordance with national law and practice, with the objective of encouraging personal autonomy, facilitating community life and promoting the independent living of persons with disabilities.
Amendment 49 #
Proposal for a directive
Recital 4
Recital 4
(4) In accordance with Chapter 4 of the Convention implementing the Schengen Agreement5 , third-country nationals legally residing in a Member State may move or travel freely within the territories of other Member States under the conditions set out in that Convention. Thus, under the Schengen acquis, third- country nationals or stateless persons legally residing in the territories of Member States may move or travel freely within the territories of all other Member States during a period of 90 days in any 180-day period in accordance with the conditions set out in Article 21 of that Convention. _________________ 5 Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22.9.2000, p. 19, ELI: http://data.europa.eu/eli/convention/2000/9 22/oj).
Amendment 51 #
Proposal for a directive
Recital 5
Recital 5
(5) This Directive should not affect the applicable Union rules governing mobility across the Union of third country nationals or stateless persons legally residing in a Member State, and who are entitled to move or travel to other Member States in accordance with Union law, but should rather facilitates the exercise of their right to move or travel when they already have such a right to mobility.
Amendment 53 #
Proposal for a directive
Recital 8
Recital 8
(8) Since the objective of this Directive, namely to strengthen the exercise of the free movement rights of persons with disabilities, as well as to facilitate the possibilities to move, or travel to other Member States, for persons with disabilities (or those accompanying or assisting them), including their personal assistants, regardless of their nationality, who are third-country nationals or stateless persons legally residing in the territory of a Member State and who are entitled to move or travel to other Member States in accordance with Union law, 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 59 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Member States shall ensure that the rules laid down in [Directive (EU) XXXXX] apply to third country nationals and stateless persons not falling within the scope of that Directive whose disability status and/or rights to parking conditions and facilities reserved for persons with disabilities, have been recognised by the Member State of their residence, as well as to persons accompanying or assisting them, including their personal assistant(s) within the meanregardless of their nationality, as defined ing Article 3, point (d), of that Directive, as well as assistance animals such as guide dogs or assistance dogs.
Amendment 65 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive shall not affect the applicable Union rules governing mobility across the Union, of third country nationals and stateless persons legally residing in the territory of a Member State.
Amendment 70 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
For the purposes of this Directive “third country national” and “stateless person” means any person who is neither a Union citizen within the meaning of Article 20(1) TFEU nor a family member of a Union citizen exercising his or her right of free movement within the meaning of Articles 2(2) and 3(2) of Directive 2004/38/EC, and who is legally residing in the territory of a Member State and is entitled to move or travel to other Member States in accordance with Union law.
Amendment 72 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Article 3a: Access to information and awareness rasing 1. Member States shall provide information and raise awareness about the conditions and rules, practices, and procedures to issue, renew or withdraw a European Disability Card and a European Parking Card for third country national and stateless persons. This information shoulb be provided in accessible formats, including in a language that they understand or in a way adapted to their disability. 2. The issuing of the European Disability Card and the European Parking Card for persons with disabilities should be free of charge to the card holder. The European Disability Card should be issued and renewed by the Member State of residence directly, where already provided for in the national disability assessment and recognition procedure or upon the application of the person with disabilities or card holder. Where not issued directly, persons with disabilities should be duly informed, in a language that they understand or in a way adapted to their disability, about the possibility to apply for the European Disability Card.
Amendment 75 #
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
Article 3b 1. The Commission shall duly inform the European Parliament of the measures of national law which Member States adopt in the field covered by this Directive. 2. By dd/mm/yy [three years from the date of application of this Directive], the Commission shall submit to the European Parliament, to the Council, to the Economic and Social Committee and to the Committee of the Regions a report containing a dedicated intersectionality and gender equality analysis of the impact of [Directive (EU) XXXXX] on the free movement of persons with disabilities who are third-country nationals with intersecting identities, in particular women and girls.
Amendment 79 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by dd/mm/yy [[Publications Office, please insert the bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... [date of transposition of the Directive adopted in procedure 2023/0311 (COD)]] 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. They shall immediately inform the Commission thereof.