Activities of Elżbieta Katarzyna ŁUKACIJEWSKA related to 2023/0311(COD)
Shadow opinions (1)
OPINION 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 (27)
Amendment 52 #
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 and being fully part of the society .
Amendment 74 #
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 public transport, 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.
Amendment 78 #
Proposal for a directive
Recital 27
Recital 27
(27) The issuance of the European Disability Card and the European Parking Card for persons with disabilities entails the processing of personal data, including in particular the data concerning the card holder’s disability 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 of the European Parliament and of the Council and Directive 2002/58/EC of the European Parliament and of the Council1a. 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 _________________ 1a Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector, (Directive on privacy and electronic communications), OJ L 201, 31.7.2002, p. 37-47. 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 91 #
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 Card and/or the European Parking Card for persons with disabilities and its subsequent use should be made publicly available in a clear, comprehensive, user-friendly manner and accessible formats including the EU webpage, for 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 92 #
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 Card and the European Parking Card for persons with disabilities, 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, security and testing of these digital formats, including verification features and the interface with national systems .
Amendment 94 #
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 Card and the European Parking Card for persons with disabilities , whose disability status is assessed and recognised by the competent authorities in a Member State of their residence, as proof respectively of a disability status or of a right to parking conditions and facilities reserved for persons with disabilities, in view of facilitating short stays of persons with disabilities in a Member State other than that of which they are a resident, by granting them access to any special conditions or preferential treatment when accessing services on an equal basis with persons with a disability in the visited Member State 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);
Amendment 113 #
Proposal for a directive
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(b a) “Union long term resident” means any person having non-EU nationality and fulfilling the conditions for long term residency laid down in the Directive on the status of non-EU nationals who are long-term residents”;
Amendment 114 #
Proposal for a directive
Article 3 – paragraph 1 – point b b (new)
Article 3 – paragraph 1 – point b b (new)
(b b) “family member of a Union long term resident” means a member of the family, whichever the(ir) nationality, of a Union long term resident exercising his or her right to free movement in accordance with Union rules;
Amendment 125 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) Union citizens and Union long term residents and family members of Union citizens and Union long term residents 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 129 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) Union citizens and Union long term residents and family members of Union citizens and Union long term residents 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 132 #
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) This Directive shall allow for the temporary recognition of disability status for participants of EU Mobility Programmes such as ERASMUS+.
Amendment 142 #
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 Card in accordance with their national rules, procedures and practices. Without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council and Directive 2002/58/EC of the European Parliament and of the Council , 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 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 147 #
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 status recognition or upon application by the person with disabilities. It shall be issued and renewed 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 European Union legislation.
Amendment 159 #
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 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, security, including verification features and the interface with national systems.
Amendment 166 #
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 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, 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 DisabilityParking Card in Annex II.
Amendment 167 #
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 in accordance with their national rules, procedures and practices. Without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council and Directive 2002/58/EC of the European Parliament and of the Council, 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 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 174 #
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 within a reasonable period from the date of the application which shall not exceed 630 days.
Amendment 176 #
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 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, includingsecurity, including verification features and the interface with national systems through the development and deployment of digital tools.
Amendment 182 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) and within 12 months of the entry into force of this Directive .
Amendment 185 #
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, and upon request in assistive formats requested by persons with disabilities. This information shall be collected on an EU-level website and shall be available in all EU languages. .
Amendment 193 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall take appropriate measures and the European Commission shall coordinate 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 197 #
4. Member States shall take the necessary measures to ensure that holders of a European Disability Card or European Parking Card for persons with disabilities return their cards to the competent authority once the conditions under which they were issued are no longer fulfilled. This includes verifying the validity of the card every 3 years for people with a temporary disability and every 10 years for people with a permanent disability. .
Amendment 200 #
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 204 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult 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, as well as persons with disabilities and their representative organisations. .
Amendment 210 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall be assisted by a committee and shall involve representative organisations of persons with disabilities. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 237 #
Proposal for a directive
Annex II – point 2 a (new)
Annex II – point 2 a (new)
2 a. The words European Parking Card shall be displayed in braille using the Marburg code dimensions.
Amendment 238 #
Proposal for a directive
Annex II – point 3 – point a – indent 5
Annex II – point 3 – point a – indent 5
– where the card is associated to a vehicle(s) its number plate(s) shall be visible.