2023/0311(COD) | [ParlTrack]

Proposal for a directive
Article 1 – paragraph 1 – point b

(b) common templates for the European Disability Card and the European Parking Card for persons with disabilities, which shall replace the equivalent national disability certificate, card or other formal documents recognising the applicant’s disability status.

Amendment 101 #

Proposal for a directive
Article 2 – paragraph 1 – indent 1 a (new)

– Information and counselling services for people with disabilities, with special attention to women and girls who are victims of violence and abuse

Amendment 102 #

Proposal for a directive
Article 2 – paragraph 1 – indent 1 b (new)

– Protection services in humanitarian emergencies and risk situations

Amendment 103 #

Proposal for a directive
Article 2 – paragraph 1 – indent 1 c (new)

– – Justice services, including free legal aid.

Amendment 104 #

Proposal for a directive
Article 2 – paragraph 1 – indent 1 d (new)

– Recognition of the disability vis-à- vis institutions, authorities and policies promoted by all European Union bodies, in particular in EU mobility programmes (such as ERASMUS+ and other similar programmes). In the case of EU mobility programmes, the duration shall be extended to at least one school year

Amendment 105 #

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 (new)

The provisions of this paragraph do not apply in cases where people with disabilities move to work or study in another EU country. In this case, the Directive will ensure temporary access to the personal and financial benefits and assistive devices necessary for personal autonomy while the disability is reassessed in the new country of residence

Amendment 106 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

2 a. The exemption set out in paragraph 2 shall not apply in the following instances in order to ensure equal treatment and opportunities between national and other Union citizens with disabilities: (a) where a person with disabilities moves to another Member State to engage in an employment contract or enrol in an educational institution until such time as their disability status is re-assessed and formally recognised by the competent authorities in the other Member State or (b) where a person with disabilities participates in an EU mobility programme, such as Erasmus+ and European Solidarity Corps

Amendment 107 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

2a. In order to ensure equal treatment and opportunities for persons with disabilities who are nationals of a Member State and those from other Member States, Member States shall provide for exemptions from paragraph 2 for: (a) holders of a European Disability Card living in the Member State who have a work contract or are enrolled in an educational establishment, until their disability is assessed in the national system; or (b) holders of a European Disability Card who are participating in an EU mobility programme.

Amendment 108 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

2 a. Exceptions to paragraph 2 shall be made by Member States to ensure equal opportunities and the freedom of movement of persons with disabilities, where: a) a holder of a European Disability Card moves to a different Member State with an employment contract or enrolment in an educational institution, until the reassessment of the disability status in the national system of this Member State is completed. b) a holder of a European Disability Card participates in an EU mobility programme, for the duration of the programme.

Amendment 109 #

Proposal for a directive
Article 2 – paragraph 3

3. This Directive does not affect Member States’ competence to determine the conditions for assessing and recognising disability status, or for granting the right to parking conditions and facilities reserved for persons with disabilities. ~~It does not affect Member States’ competence to issue in addition at national, regional or local level, a certificate, a disability card or any other formal document for persons with disabilities.~~

Amendment 110 #

Proposal for a directive
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 and, where provided, for person(s) accompanying or assisting them including their personal assistant(s) and guide dogs and assistance dogs.

Amendment 111 #

Proposal for a directive
Article 2 – paragraph 4

4. This Directive does not impinge on national competences to grant or require to grant additional special benefits or specific, preferential conditions, such as free access, reduced tariffs, or preferential treatment for persons with disabilities and, where provided, for person(s) accompanying or assisting them including their personal assistant(s).

Amendment 112 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
Article 2 – paragraph 5

5. This Directive shall be without prejudice to the rights that persons with disabilities or person(s) accompanying or assisting them, including their personal assistant(s) and guide dogs and assistance dogs, 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 113 #

Proposal for a directive
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 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
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 115 #

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) “persons with disabilities” means persons who in accordance with the rulings of the competent national authorities 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;

Amendment 116 #

Proposal for a directive
Article 3 – paragraph 1 – point c

Amendment 117 #

Proposal for a directive
Article 3 – paragraph 1 – point c a (new)

(c a) "Discrimination on the basis of disability" means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation

Amendment 118 #

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) “personal assistant” is a person accompanying or assisting persons with disabilities who is recognised in accordance with the national legislation or practices as such; this person performs or assists in the daily living tasks of another person who is unable or in need of such assistance. Its aim is to promote independent living, foster personal autonomy and facilitate community living. The relationship between the two is contractual in nature and shall present a profile appropriate to the multiple tasks to be performed

Amendment 119 #

Proposal for a directive
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/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 as residence in the concerned Member State and/or eligibility to benefits, which require an additional individual assessment or decision on the need for specific services, irrespective whether provided on a voluntary basis or imposed by legal obligations;

Amendment 120 #

Proposal for a directive
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, access to restricted traffic zones and pedestrian zones, priority seats in public transports, offered to persons with disabilities 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 121 #

Proposal for a directive
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/or, when applicable, to person(s) accompanying or assisting them including personal assistant(s) or assistance animals, such as guide dogs or assistance dogs, recognised in accordance with the national legislation or practices as such, irrespective whether provided on a voluntary basis or imposed by legal obligations;

Amendment 122 #

Proposal for a directive
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/or, when applicable, to person(s) accompanying or assisting them including personal assistant(s) or assistance ~~animal~~dogs or guide dogs recognised in accordance with the national legislation or practices as such, irrespective whether provided on a voluntary basis or imposed by legal obligations;

Amendment 123 #

Proposal for a directive
Article 3 – paragraph 1 – point f a (new)

(f a) “EU mobility programme” means any programme that is temporary, lasts for a fixed period of time, and takes place in another Member State other than the person's state of residence, in the field of education, training, or for work related purposes.

Amendment 124 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
Article 4 – paragraph 1 – point a

(a) Union citizens and residents and family members of Union citizens and 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) as well as guide and assistance dogs,

Amendment 125 #

Proposal for a directive
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 126 #

Proposal for a directive
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~~European Disability Card issued in accordance with this directive, as well as, when applicable, to person(s) accompanying or assisting them including personal assistant(s),

Amendment 127 #

Proposal for a directive
Article 4 – paragraph 1 – point a

(a) ~~Union citizens and family members of~~ Union citizens 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 128 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
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 129 #

Proposal for a directive
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 130 #

Proposal for a directive
Article 4 – paragraph 1 – point b a (new)

(b a) Any person with a factual disability, according to the meaning stated in Article 1 of the CRPD, when they reside and are displaced in an EU State other than their own, even if they do not have a disability status recognised by their Member State of residence.

Amendment 131 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Jarosław DUDA, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
Article 4 – paragraph 1 – point b a (new)

(b a) All persons with disabilities participating in a mobility program within the EU that has a fixed period of time. In that case, the use of the Disability Card and the Parking Card shall be extended for the entire duration of the programme

Amendment 132 #

Proposal for a directive
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 133 #

Proposal for a directive
Article 4 – paragraph 1 – point b b (new)

(b b) Persons with disabilities in a situation of international protection in an EU member state

Amendment 134 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the necessary measures to ensure that holders of a European Disability Card, while travelling to or, visiting or moving to 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 w~~ith disabilities who are holders of a disability c~~ho have had recognition and vertificat~~e, disability card or any other formal document recognising~~ion of their disabilit~~y statu~~ies 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) or situations referred to in Article 2(2a).

Amendment 135 #

Proposal for a directive
Article 5 – paragraph 1 a (new)

1 a. Member States shall take all necessary measures to recognise all persons with disabilities who are holders of a European Disability Card as being specially protected against discrimination on the grounds of disability, with the consequent right of access throughout the EU to the remedies and mechanisms provided against breaches of rights and lack of effective equal treatment

Amendment 136 #

Proposal for a directive
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 guide and assistance ~~animal~~dogs of the holder of a European Disability Card;

Amendment 137 #

Proposal for a directive
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 provided that the card holder is in the vehicle.

Amendment 138 #

Marianne VIND

Proposal for a directive
Article 6 – paragraph 1

1. Each Member State shall introduce the European Disability Card following the common standardised and accessible format set out in Annex I. Member States shall provide the option to persons with disabilities, when applying for the card to the relevant authorities, to display their required reasonable accommodation via the relevant symbols on the card. Member States shall introduce digital features in physical cards using electronic means addressing fraud- prevention as part of the European Disability 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 Card in Annex I.

Amendment 139 #

Proposal for a directive
Article 6 – paragraph 1

1. Each Member State shall introduce the European Disability Card following the common standardised format as well as the universal accessibility requirements 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 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 Card in Annex I.

Amendment 140 #

Proposal for a directive
Article 6 – paragraph 1

1. Each Member State shall introduce the European Disability Card following the common standardised and accessible 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 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 Card in Annex I.

Amendment 141 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
Article 6 – paragraph 2

2. European Disability Cards issued by Member States shall be mutually recognised in all Member States and before the UE institutions. The European Disability Card will be compatible with any national disability recognition card or certificate.

Amendment 142 #

Proposal for a directive
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 143 #

Proposal for a directive
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. Such procedures shall be free of charge for the card holder. 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 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 144 #

Proposal for a directive
Article 6 – paragraph 3

3. Competent authorities in the Member States shall issue, renew or withdraw the European Disability Card free of charge and 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 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 145 #

Proposal for a directive
Article 6 – paragraph 3 a (new)

3 a. With a view to ensure equal treatment of persons with disabilies across the EU, by 31/12/2026 the Commission shall assess all possibilities to gradually harmonise national frameworks, eligibility criteria, conditions, or assessment procedures to obtain a disability status as well as the relative renewal and withdrawal of the European Disability Card, and shall present a report to the European Parliament and to the Council. The report referred to in the paragraph above shall, as appropriate, be accompanied by a legislative proposal, including an impact assessment, in particular with a view to gradually harmonise national frameworks related to the issuance, renewal and withdrawal of the disability status.

Amendment 146 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Jarosław DUDA, Marian-Jean MARINESCU

Proposal for a directive
Article 6 – paragraph 3 a (new)

3 a. The issuance and renewal of the European Disability Card for persons with disabilities should always be and remain free of charge. The costs that this entails for the national body that issues the European Disability Card may be covered by financial instruments of the European Union such as the European Social Fund +.

Amendment 147 #

Proposal for a directive
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 148 #

Proposal for a directive
Article 6 – paragraph 4

4. The European Disability Card shall be issued or renewed by the Member State of residence, if that is the procedure laid down for the national recognition of disabilities, directly or upon application by the person with disabilities. It shall be issued and renewed free of charge 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 not be required as proof of disability for the rights established in other EU laws.

Amendment 149 #

Proposal for a directive
Article 6 – paragraph 4

4. The European Disability Card shall be issued or renewed by the Member State of residence ~~directly~~ or upon application by the person with disabilities. It shall be issued and renewed within the same 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. In the event of a change of country of residence, the renewal period may be extended by 6 to 8 months.

Amendment 150 #

Proposal for a directive
Article 6 – paragraph 4

4. The European Disability Card shall be issued or renewed by the Member State of residence directly or upon application by the person with disabilities. It shall be issued and renewed ~~within the same period set in the applicable national legislation for issuing disability certificates, disability cards or any other formal document recognis~~free of charge for the beneficiary and within a reasonable period set ing the ~~disability status of a person with disabilities~~applicable national legislation.

Amendment 151 #

Proposal for a directive
Article 6 – paragraph 4 a (new)

4 a. Member States shall ensure that persons with disabilities, or designated representatives acting on their behalf and with their approval, may appeal a decision by the competent authorities regarding the issuance or renewal of an European Disability Card.

Amendment 152 #

Proposal for a directive
Article 6 – paragraph 4 a (new)

4 a. The validity of the European Disability Card issued by the Member State of previous residence shall be extended for a period of one month longer than the maximum duration of the renewal procedure in the Member State of the new residence.

Amendment 153 #

Proposal for a directive
Article 6 – paragraph 4 a (new)

4 a. Member States shall use the back of the card to display information on the kind of assistance that the card holder needs.

Amendment 154 #

Proposal for a directive
Article 6 – paragraph 5

5. The European Disability 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 d~~Holders of a European Disabilit~~ies~~y Card shall be given the option to use either the digital or physical card, or both.

Amendment 155 #

Proposal for a directive
Article 6 – paragraph 5 a (new)

5 a. The European Disability Card will be issued (first and subsequent issues) free of charge, at no cost to the person applying for it.

Amendment 156 #

Proposal for a directive
Article 6 – paragraph 6

Amendment 157 #

Proposal for a directive
Article 6 – paragraph 6

Amendment 158 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Jarosław DUDA, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
Article 6 – paragraph 6 a (new)

6 a. The validity of the card shall be extended up to 8 months upon request in cases of longer periods of stay in the event that the national deadlines to obtain the permanent card are longer than the validity of the European Card of Disability.

Amendment 159 #

Proposal for a directive
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 160 #

Proposal for a directive
Article 6 – paragraph 7

Amendment 161 #

Proposal for a directive
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 and accessible 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 162 #

Proposal for a directive
Article 6 – paragraph 7 a (new)

7 a. Universal accessibility shall be ensured throughout the process related to the format, mutual recognition, issuing and validity of the European Disability Card

Amendment 163 #

Proposal for a directive
Article 6 – paragraph 7 b (new)

7 b. In the event that the same person with a disability holds both the European Disability Card and the Parking Card, flexible and simple formulas will be established that allow for the same material and/or digital support, in order to avoid unnecessary administrative burdens

Amendment 164 #

Proposal for a directive
Article 7 – paragraph 1

1. Each Member State shall introduce the European Parking Card for persons with disabilities following the common standardised format as well as the universal accessibility requirements 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 Disability Card in Annex II.

Amendment 165 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Jarosław DUDA, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
Article 7 – paragraph 1

1. Each Member State shall introduce the European Parking Card for persons with disabilities following the common standardised and accessible 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 Disability Card in Annex II.

Amendment 166 #

Proposal for a directive
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 ~~Disability~~Parking Card in Annex II.

Amendment 167 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
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 168 #

Proposal for a directive
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. Such procedures shall be free of charge for the card holder. 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 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 169 #

Proposal for a directive
Article 7 – paragraph 3 a (new)

3 a. With a view to ensure equal treatment of persons with disabilities across the EU, by 31/12/2026 the Commission shall assess all possibilities to gradually harmonise national frameworks, eligibility criteria, conditions, or assessment procedures to obtain a disability status as well as the relative renewal and withdrawal of the European parking Card, and shall present a report to the European Parliament and to the Council. The report referred to in the paragraph above shall, as appropriate, be accompanied by a legislative proposal, including an impact assessment, in particular with a view to gradually harmonise national frameworks related to the issuance, renewal and withdrawal of the disability status.

Amendment 170 #

Proposal for a directive
Article 7 – paragraph 3 a (new)

3 a. The issuance and renewal of the European Parking card for persons with disabilities should always be and remain free of charge. The costs that this entails for the national body that issues the European Disability Card may be covered by financial instruments of the European Union such as the European Social Fund +.

Amendment 171 #

Proposal for a directive
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 60 days~~The presentation of the application for renewal of the parking card within the period provided for in the applicable State regulations, extends the validity of the previously issued card until the resolution of the procedure. In the event that the application is submitted within ninety calendar days after the date on which the validity of the last card issued has expired, it will be understood that the validity of the card will continue to be valid until the resolution of the corresponding renewal procedure.

Amendment 172 #

Proposal for a directive
Article 7 – paragraph 4

4. The European Parking Card for persons with disabilities shall be issued or renewed by the Member State of residence upon application by the person with disabilities. It shall be issued or renewed free of charge for the beneficiary within a reasonable period from the date of the application which shall not exceed 60 days.

Amendment 173 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
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 174 #

Proposal for a directive
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 175 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
Article 7 – paragraph 4 a (new)

Amendment 176 #

Proposal for a directive
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, ~~including~~security, including verification features and the interface with national systems through the development and deployment of digital tools.

Amendment 177 #

Proposal for a directive
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, and accessibility including through the development and deployment of digital tools.

Amendment 178 #

Proposal for a directive
Article 7 – paragraph 7 a (new)

7 a. The Commission shall establish a publicly available EU database where relevant information related to the applicable parking conditions, infrastructure and facilities, as defined at local, regional, or national level in each Member State, can be found. The database shall be available in all EU languages and in accessible formats. Member States shall ensure public authorities upload this information to the database and update it where necessary.

Amendment 179 #

Proposal for a directive
Article 7 – paragraph 7 a (new)

7a. The Commission shall set up a public database containing the relevant information on the applicable rules, conditions and parking spaces established at local, regional or national level. This database shall be available in all EU languages.

Amendment 180 #

Proposal for a directive
Article 7 – paragraph 7 b (new)

7b. Member States shall encourage the public authorities to upload the relevant information to this database.

Amendment 181 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
Article 7 a (new)

Article7a Provisions for card holders when changing residence 1. Member States shall ensure the beneficiaries who have changed their member state of residence and are pending the issuance of a national disability card by the competent authorities, are guaranteed their rights and benefits provided by their disability status as recognised by the Member State of origin. The European Disability Card and the European Parking Card shall be valid until the new national card has been issued. 2. Member States shall ensure that the process of re-assessment of the disability and the issuing of the new national card and therefore the new European Disabilities and Parking Card does not exceed 6 months.

Amendment 182 #

Proposal for a directive
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 183 #

Proposal for a directive
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 184 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Jarosław DUDA, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
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 (such as easy to read formats and subtitled national sign language videos and international sign videos), including in digital formats, and upon request in assistive formats requested by persons with disabilities.

Amendment 185 #

Proposal for a directive
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 186 #

Marianne VIND

Proposal for a directive
Article 9 – paragraph 1

Amendment 187 #

Proposal for a directive
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~~physical and digital formats, including braille, large print, the audio version, and upon request in other alternative assistive formats requested by persons with disabilities.

Amendment 188 #

Proposal for a directive
Article 9 – paragraph 1

Amendment 189 #

Proposal for a directive
Article 9 – paragraph 1

Amendment 190 #

Proposal for a directive
Article 9 – paragraph 1 a (new)

1 a. The Commission shall create an EU database available providing information about the benefits available in each Member State, including on the conditions and services related to the European Disability Card and the European Parking Card, as well as about the allocated EU funding. This information shall be accessible and available in all EU languages. In addition, the Commission in coordination with Member States shall develop an EU- wide awareness campaign aimed at citizens and service providers.

Amendment 191 #

Proposal for a directive
Article 9 – paragraph 2

2. Member States shall take appropriate measures to raise awareness among the public ~~and~~including to public authorities and private operators having the potential to offer preferential treatment pursuant to Article 5 and the European Commission shall coordinate a campaign to 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 192 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Jarosław DUDA, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
Article 9 – paragraph 2

Amendment 193 #

Proposal for a directive
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 194 #

Proposal for a directive
Article 9 – paragraph 2

2. Member States, in coordination with the European Commission, 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.

Amendment 195 #

Proposal for a directive
Article 9 – paragraph 3 a (new)

3 a. In addition, the European institutions should disseminate information and training on the European Disability Card on an ongoing basis, through successive training and awareness-raising campaigns on its use, in formats that ensure universal accessibility and with the participation of people with disabilities and their representative organisations. This information should clearly include the voluntary nature of the card. Specific funding lines should be made available within the Union for this purpose.

Amendment 196 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Marian-Jean MARINESCU

Proposal for a directive
Article 9 – paragraph 3 a (new)

3 a. Any measures taken to avoid risk of forgery or fraud shall have due regard and consideration to the rights of persons with disabilities and shall not result in any interference with the legitimate interests of persons with disabilities in the use of either card or lead to their stigmatisation.

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 198 #

Proposal for a directive
Article 9 – paragraph 6 a (new)

6 a. Member States shall take the necessary measures to ensure that private operators and public authorities apply to holders of a European Disability Card and a European Parking Card for people with disabilities the same special conditions or preferential treatment as that offered to a citizen resident in the Member State who has been recognised as having a disability, and provide for the sanctions applicable in the event of a breach of this obligation.

Amendment 199 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
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 official website from the European Union available in all the 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 200 #

Proposal for a directive
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 201 #

Proposal for a directive
Article 9 – paragraph 7 a (new)

7 a. A website containing all information about the European Disability Card or the European Parking Card for people with disabilities and, where applicable, how to apply for it, in a universally accessible format, in all the languages of the European Union, including sign language, easy-to-read and alternative and augmentative means of communication, should be set up. When the authorities indicated by the member states in accordance with article 10 of this directive operate in territories with more than one official language, they shall ensure that the administrators of this site are provided with this information content in these official languages in order to avoid discrimination in access to information for linguistic reasons.

Amendment 202 #

Proposal for a directive
Article 9 – paragraph 7 a (new)

7 a. Member States shall ensure that appropriate funding is made available to cover the cost of the administrative procedures, the physical issuing of the Cards, the information provision, and the awareness raising campaign, and other related costs.

Amendment 203 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Jarosław DUDA, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
Article 9 – paragraph 7 b (new)

7 b. Representative organisations of persons with disabilities should be involved in the whole process of development, planning, implementation, monitoring and evaluation

Amendment 204 #

Proposal for a directive
Article 11 – paragraph 4

Amendment 205 #

Proposal for a directive
Article 11 – paragraph 4

Amendment 206 #

Proposal for a directive
Article 11 – paragraph 4

Amendment 207 #

Proposal for a directive
Article 11 – paragraph 4

Amendment 208 #

Proposal for a directive
Article 12 – paragraph 1

1. The Commission shall be assisted by a committee and shall work closely with disability rights organisations. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Amendment 209 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Jarosław DUDA, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
Article 12 – paragraph 1

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 and shall meaningfully involve representative organisations of persons with disabilities.

Amendment 210 #

Proposal for a directive
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 211 #

Proposal for a directive
Article 13 – paragraph 1

1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive, promoting the participation and dialogue with associations representing persons with disabilities.

Amendment 212 #

Proposal for a directive
Article 13 – paragraph 2 – point a

(a) provisions whereby persons with disabilities and their representative organisations may take action under national law before the courts or before the competent administrative bodies in case of violations of their rights under this Directive and in national provisions implementing this Directive;

Amendment 213 #

Proposal for a directive
Article 13 – paragraph 2 – point b

(b) provisions whereby public bodies or private associations, ~~organisations~~such as Equality Bodies, organisations, in particular representative organisations of persons with disabilities, 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, with his or her approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive.

Amendment 214 #

Proposal for a directive
Article 13 – paragraph 2 – point b a (new)

(b a) Regulated procedures for the competent authorities indicated by the States in accordance with Article 10 of this Directive to carry out periodic campaigns to prevent and avoid the risk of counterfeiting or fraud of the European Disability Insurance Card and the European Parking Card for people with disabilities and to report periodically on the casuistry and the results of these campaigns.

Amendment 215 #

Proposal for a directive
Article 13 – paragraph 2 a (new)

2 a. A specific authority should be established to set up an institutional mechanism to monitor and control compliance with the rules related to the implementation, monitoring, evaluation of the European Disability Insurance Card and fraud control. An information exchange mechanism will ensure efficient communication of detected malfunctions between the competent authorities of the Member States.

Amendment 216 #

Proposal for a directive
Article 14 – paragraph 1

1. Member States shall lay down the rules on penalties applicable to public and private operators as well as service providers for violations of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented.

Amendment 217 #

Proposal for a directive
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 (including easy to read formats and subtitled national sign language videos and international sign videos) on an accessible online information platform.

Amendment 218 #

Proposal for a directive
Article 15 – paragraph 1

Amendment 219 #

Proposal for a directive
Article 15 – paragraph 1

Amendment 220 #

Proposal for a directive
Article 15 – paragraph 1

Amendment 221 #

Proposal for a directive
Article 15 – paragraph 1 a (new)

1 a. Member States shall establish a single dedicated EU official website with all the special conditions or preferential treatments offered by public authorities and private operators, where available.

Amendment 222 #

Proposal for a directive
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 develop common European guidelines for public authorities and private operators pursuant to Article 5 to adequately ensure the provision of accessibility requirements for services established in Annex I to Directive (EU) 2019/882.

Amendment 223 #

Proposal for a directive
Article 15 – paragraph 2

2. Member States shall support and encourage private operators or public authorities to voluntarily provide special conditions or preferential treatment for persons with disabilities.

Amendment 224 #

Proposal for a directive
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. The Commission shall create a digital portal containing all the information which regards the benefits of holding the European Disability Card and the European Parking Card in all Member States including information on the different procedures in each Member States. Such information shall be sent by the Member States to the Commission and updated according to the reporting requirements in Article 16 of this Directive.

Amendment 225 #

Proposal for a directive
Article 15 – paragraph 3

3. The information referred to in paragraph 1 of this article shall be made available in all EU languages free of charge in a clear, comprehensive, user- friendly and easily accessible way, in accessible formats (including easy to read formats and subtitled national sign language videos and international sign videos), 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.

Amendment 226 #

Proposal for a directive
Article 16 – paragraph 1

1. By dd/mm/yy [t~~hree~~wo years after the date of application of this Directive], and every f~~ive~~our years thereafter, the Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.

Amendment 227 #

Proposal for a directive
Article 16 – paragraph 4 a (new)

4 a. The report shall include an impact assessment of the use of the card as the tool for improving the portability of benefits in the area of social security under Regulations (EC) No 883/2004 and (EC) No 987/2009 and social assistance covered by Article 24(2) of Directive 2004/38/EC.

Amendment 228 #

Proposal for a directive
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.

Amendment 229 #

Proposal for a directive
Article 18 – paragraph 1

Amendment 230 #

Proposal for a directive
Article 18 – paragraph 1

1. Member States shall adopt and publish, by dd/mm/yy [within 1824 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 231 #

Proposal for a directive
Article 18 – paragraph 2

2. They shall apply those provisions from dd/mm/yy [3012 months from the date of entry into force of this Directive].

Amendment 232 #

Proposal for a directive
Article 18 – paragraph 2

2. They shall apply those provisions from dd/mm/yy [306 months from the date of entry into force of this Directive].

Amendment 233 #

Proposal for a directive
Article 18 – paragraph 2

2. They shall apply those provisions from dd/mm/yy [3024 months from the date of entry into force of this Directive].

Amendment 234 #

Proposal for a directive
Article 18 – paragraph 2

2. They shall apply those provisions from dd/mm/yy [3024 months from the date of entry into force of this Directive].

Amendment 235 #

Proposal for a directive
Annex I – paragraph 1

FRONT SIDE text European Disability Card in English and in the language(s) of the Member State issuing the card and in braille

Amendment 236 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Jarosław DUDA, Marian-Jean MARINESCU

Proposal for a directive
Annex I – point 10 a (new)

10 a. The card shall have a defined QR code containing all the card data in an accessible format and shall be duly marked with raised marks.

Amendment 237 #

Proposal for a directive
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 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
Annex II – point 3 – point a – indent 5

– where the card is associated to a vehicle(s) its number plate(s) shall be visible.

Amendment 239 #

Proposal for a directive
Annex II – point 3 – point b – indent 1

– in capital letters, the words ‘European Parking Card for persons with disabilities’ in the language(s) of the Member State issuing the card and in braille using the Marburg code dimensions; after a suitable space, it shall appear in small type in the other languages of the European Union;

Amendment 240 #

Proposal for a directive
Annex II – point 3 – point b – indent 1

– in capital letters, the words ‘European Parking Card for persons with disabilities’ in the language(s) of the Member State issuing the card and in braille; after a suitable space, it shall appear in small type in the other languages of the European Union;

Amendment 241 #

Proposal for a directive
Annex II – point 3 – point b – indent 1

Amendment 242 #

Proposal for a directive
Annex II – point 3 – point b – indent 1

– in capital letters, the words ‘European Parking Card for persons with disabilities’ in the language(s) of the Member State issuing the cardand in braille; after a suitable space, it shall appear in small type in the other languages of the European Union;

Amendment 243 #

Proposal for a directive
Annex II – point 3 – point b – indent 2 a (new)

– the words European Parking Card for persons with disabilities shall be displayed in braille.

Amendment 244 #

Proposal for a directive
Annex II – point 3 a (new)

3a. The words 'European Parking Card' shall be displayed in braille using the Marburg code dimensions.

Amendment 245 #

Proposal for a directive
Annex II – point 5 a (new)

5 a. The card shall have a defined QR code containing all the card data in an accessible format and shall be duly marked with raised marks.

Amendment 30 #

Proposal for a directive
Recital 3

(3) Every citizen of the Union has the fundamental right to move and reside freely within the territory of the Member States, with the easiest possible access to public and private means of transport, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give effect to them.

Amendment 31 #

Proposal for a directive
Recital 6

(6) The UNCRPD recognises that the interaction of persons with disabilities’ impairments with various physical, administrative, technological, societal and infrastructural barriers can result in discriminatory treatments. The purpose of the UNCRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect of their inherent dignity, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure accessibility to persons with disabilities.

Amendment 32 #

Proposal for a directive
Recital 6

Amendment 33 #

Proposal for a directive
Recital 7

(7) The European Pillar of Social Rights, proclaimed by the European Parliament, the Council and the European Commission at Gothenburg on 17 November 201740 provides that everyone, inter alia regardless of disability, has the right to equal treatment and opportunities regarding, among others, access to goods and services available to the public (principle 3). In addition, the European Pillar of Social Rights recognises that persons with disabilities have the right to services that enable them to participate in society (principle 17). There is, however, currently no guarantee that people with disabilities can live and work in another EU country under conditions that are fully equal with those of other citizens. _________________ 40 Interinstitutional Proclamation on the European Pillar of Social Rights, OJ C 428, 13.12.2017, p. 10.

Amendment 34 #

Proposal for a directive
Recital 7

Amendment 35 #

Proposal for a directive
Recital 7 a (new)

(7 a) The equality and non- discrimination mandate contained in Article 5 of the CRPD is relevant, as the European Disability Card is meant to accelerate the equality of persons with disabilities through global recognition within the EU, in its member countries and among themselves.

Amendment 36 #

Proposal for a directive
Recital 8 a (new)

(8 a) CRPD states in Article 18, dedicated to Liberty of movement and nationality, that States Parties shall recognize the rights of persons with disabilities to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others, including by ensuring that persons with disabilities are not deprived, on the basis of disability, of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement.

Amendment 37 #

Proposal for a directive
Recital 8 a (new)

(8 a) The Strategy for the Rights of Persons with Disabilities 2021-2030 intends to tackle the diverse challenges that persons with disabilities face and progress on all areas of the United Nations Convention on the Rights of Persons with Disabilities, both at EU and Member State level.

Amendment 370 #

Proposal for a directive
Article 9 – paragraph 2 a (new)

2 a. The Commission shall ensure that appropriate funding is made available to the Member States to address costs related to the information provision and awareness raising obligations under this Article and Article 15 of the Directive.

Amendment 371 #

Proposal for a directive
Article 9 – paragraph 3

3. Member States shall take all necessary steps to avoid the risk of forgery or fraud and shall actively combat the fraudulent use and forgery of the European Disability Card and European Parking Card for persons with disabilities without jeopardizing access to the card for persons with disabilities.

Amendment 372 #

Proposal for a directive
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 373 #

Proposal for a directive
Article 9 – paragraph 3 a (new)

3 a. In addition, the European institutions should disseminate information and training on the European Disability Card on an ongoing basis, through successive training and awareness-raising campaigns on its use, in formats that ensure universal accessibility and with the participation of persons with disabilities and their representative organisations. This information should clearly include the voluntary nature of the card. Specific funding lines should be made available within the Union for this purpose.

Amendment 374 #

Proposal for a directive
Article 9 – paragraph 3 a (new)

3 a. Member States shall ensure that public fraud, especially in the area of social benefits, is promptly and thoroughly investigated and, where relevant, prosecuted, to ensure the well- functioning of this Directive.

Amendment 375 #

Proposal for a directive
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 376 #

Proposal for a directive
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 Card or European Parking Card for persons with disabilities are informed. The Member State of issuance shall ensure appropriate follow-up in accordance with national law or practice. Member States shall exchange information on the cases of abuse or misuse of the cards.

Amendment 377 #

Proposal for a directive
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

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 379 #

Proposal for a directive
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 private operators’ or public authorities’ official website where available, an EU-level website in all EU languages, or by other suitable means, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882. These information shall not exceed the level of complexity B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages.

Amendment 38 #

Proposal for a directive
Recital 9

(9) Persons with disabilities may apply to competent authorities in the Member State in which they reside for the recognition of disability 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 status of an applicant, they issue a disability certificate, a disability card or other formal document recognising the applicant’s disability status. Some Member States do not have a single national disability card and / or definition of a disability status, which may lead to recognition of different levels of disability. In those Member States, service needs or other criteria may be used - often in a different way in different sectors - when services or benefits are granted to persons with disabilities.

Amendment 380 #

Proposal for a directive
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 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. Member States shall undertake the measures derived from paragraphs 1 and 2 of this Article in consultation with representative organizations of persons with disabilities.

Amendment 381 #

Proposal for a directive
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 382 #

Proposal for a directive
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 383 #

Proposal for a directive
Article 9 – paragraph 7 – point 1 (new)

(1) A website containing all information about the European Disability Card or the European Parking Card for people with disabilities and, where applicable, how to apply for it, in a universally accessible format, in all languages of the European Union, including sign language, easy-to-read and alternative and augmentative means of communication, should be set up.

Amendment 384 #

Proposal for a directive
Article 9 – paragraph 7 – point 2 (new)

(2) Representative organisations of persons with disabilities should be involved in the whole process of development, planning, implementation, monitoring and evaluation.

Amendment 385 #

Proposal for a directive
Article 9 – paragraph 7 a (new)

7 a. The Commission shall ensure that appropriate funding is made available to the Member States to cover the cost of the administrative procedures, the physical issuing of the Cards, the information provision, and the awareness raising campaigns as well as other necessary related costs.

Amendment 386 #

Proposal for a directive
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 387 #

Jordi CAÑAS, Monica SEMEDO, Lucia ĎURIŠ NICHOLSONOVÁ

Proposal for a directive
Article 9 – paragraph 7 a (new)

Amendment 388 #

Proposal for a directive
Article 9 – paragraph 7 a (new)

7 a. Representative organizations of persons with disabilities shall participate in the entire development, planning, execution, monitoring and evaluation process.

Amendment 389 #

Francesca PEPPUCCI, Stelios KYMPOUROPOULOS

Proposal for a directive
Article 9 – paragraph 7 a (new)

7 a. The Commission ensures that Member States have adequate funding to cover the costs of implementing the above provisions.

Amendment 39 #

Proposal for a directive
Recital 9 a (new)

(9 a) This Directive lays down the rules governing the issuance of the European Disability Card and the European Parking Card for persons with disabilities replacing the equivalent national disability certificate, card or other formal documents recognising the applicant’s disability status.

Amendment 390 #

7 b. The Commission shall establish a dedicated EU-level website containing relevant and regularly updated information on the special conditions or preferential treatment offered by Member States to holders of the European Disability Card. The website shall be available in all EU languages and in accessible formats.

Amendment 391 #

Proposal for a directive
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 392 #

Proposal for a directive
Article 9 – paragraph 7 b (new)

7 b. The Commission shall ensure that appropriate 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 393 #

Proposal for a directive
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 394 #

Proposal for a directive
Article 11 – paragraph 2

2. The power to adopt delegated acts referred to in Article 6(7) , Article 7(7) and Article ~~7(7~~15(4) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this directive].

Amendment 395 #

Proposal for a directive
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 396 #

Francesca PEPPUCCI, Rosa ESTARÀS FERRAGUT, Stelios KYMPOUROPOULOS

Proposal for a directive
Article 11 – paragraph 4

Amendment 397 #

Amendment 398 #

Proposal for a directive
Article 11 – paragraph 4

Amendment 399 #

Proposal for a directive
Article 11 – paragraph 4

Amendment 40 #

Proposal for a directive
Recital 9 b (new)

(9 b) Therefore, a progressive upward harmonisation of the national frameworks related to the recognition of a disability status and issuance of a disability card and parking certificate should be foreseen. This would speed up the process of limiting the national discrepancies regarding the accessibility and validity of the disability card and parking certificate between Member States, thus strengthening the effectiveness of the EU Disability Card and of the EU Parking Card for persons with disabilities.

Amendment 400 #

João ALBUQUERQUE, Daniela RONDINELLI, Marc ANGEL, Milan BRGLEZ, Agnes JONGERIUS, Aurore LALUCQ, Elisabetta GUALMINI, Klára DOBREV, Marianne VIND, Vilija BLINKEVIČIŪTĖ, Alex AGIUS SALIBA, Brando BENIFEI, Ilan DE BASSO, Alicia HOMS GINEL, Carina OHLSSON, Estrella DURÁ FERRANDIS

Proposal for a directive
Article 11 – paragraph 4

Amendment 401 #

Proposal for a directive
Article 11 – paragraph 4

Amendment 402 #

Proposal for a directive
Article 11 – paragraph 4

Amendment 403 #

Proposal for a directive
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 404 #

1. The Commission shall be assisted by a committee and shall meaningfully involve different representative organisations of persons with disabilities. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Amendment 405 #

Proposal for a directive
Article 12 – paragraph 1

1. The Commission shall be assisted by a committee and shall meaningfully involve representative organisations of persons with disabilities . That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Amendment 406 #

Proposal for a directive
Article 12 – paragraph 1

1. The Commission shall be assisted by a committee and shall meaningfully involve representative organisations of persons with disabilities. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Amendment 407 #

Proposal for a directive
Article 12 – paragraph 1

1. The Commission shall be assisted by a committee and shall meaningfully involve representative organisations of persons with disabilities. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Amendment 408 #

Francesca PEPPUCCI, Rosa ESTARÀS FERRAGUT

Proposal for a directive
Article 12 – paragraph 1

1. The Commission shall be assisted by a committee and shall meaningfully involve representative organisations of persons with disabilities. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Amendment 409 #

Proposal for a directive
Article 12 – paragraph 1

1. The Commission shall be assisted by a committee and involve persons with disabilities and their representative organisations. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Amendment 41 #

Proposal for a directive
Recital 10

(10) Due to the lack of mutual recognition of disability status between Member States, persons with disabilities ~~may~~often face specific and significant difficulties when exercising their fundamental rights of equal treatment, non-discrimination and free movement.

Amendment 410 #

Proposal for a directive
Article 12 – paragraph 1

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 and shall involve representative organisations of persons with disabilities.

Amendment 411 #

Proposal for a directive
Article 13 – paragraph 1

1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive. Participation and permanent dialogue with civil society organisations and associations representing persons with disabilities shall be promoted.

Amendment 412 #

Proposal for a directive
Article 13 – paragraph 2 – point a

Amendment 413 #

Proposal for a directive
Article 13 – paragraph 2 – point b

(b) provisions whereby public bodies such as equality bodies or private associations, organisations in particular representative organisations of persons with disabilities 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, with ~~his or he~~their approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive.

Amendment 414 #

Proposal for a directive
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 415 #

Ádám KÓSA, Stelios KYMPOUROPOULOS, Lucia ĎURIŠ NICHOLSONOVÁ

Proposal for a directive
Article 13 – paragraph 2 a (new)

2 a. An authority should be established to set up an institutional mechanism to monitor and control compliance with the regulations related to the implementation, monitoring and evaluation of the European Disability Card.

Amendment 416 #

Proposal for a directive
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 a~~ccessible format~~ clear, comprehensive, user-friendly and easily accessible way and in accessible formats. The Commission shall establish a single dedicated website, available in all EU languages, including all of the EU’s national sign languages for audio and video content and in accessible formats, collating the special conditions or preferential treatment offered by their public authorities. Member States shall facilitate information concerning the special conditions or preferential treatment offered by public and private operators on the website where available and to update this information regularly according to any national legislation changes.

Amendment 417 #

Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI, Jordi CAÑAS, Monica SEMEDO, Atidzhe ALIEVA-VELI, Dragoş PÎSLARU, Irena JOVEVA, Max ORVILLE, Sylvie BRUNET, Marie-Pierre VEDRENNE

Proposal for a directive
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 a~~ccessible formats~~ clear, comprehensive, user-friendly and easily accessible way and in accessible formats. Member States shall establish a single dedicated website collating the special conditions or preferential treatment offered by their public authorities. Member States may also facilitate information concerning the special conditions or preferential treatment offered by private operators on the website where available. The website shall be in the official language(s) of the Member States, national sign language and English as well as any other relevant language(s) as determined by the Member State.

Amendment 418 #

Proposal for a directive
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 (including easy to read formats and subtitled national sign language videos and international sign videos) on an accessible online information platform.

Amendment 419 #

Proposal for a directive
Article 15 – paragraph 1

Amendment 42 #

Proposal for a directive
Recital 10

(10) Due to the lack of recognition of disability status between Member States, persons with disabilities, in particular those with invisible disabilities, may face specific difficulties when exercising their fundamental rights of free movement.

Amendment 420 #

Proposal for a directive
Article 15 – paragraph 1

Amendment 421 #

Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI, Jordi CAÑAS, Monica SEMEDO, Atidzhe ALIEVA-VELI, Dragoş PÎSLARU, Irena JOVEVA, Max ORVILLE, Sylvie BRUNET, Marie-Pierre VEDRENNE

Proposal for a directive
Article 15 – paragraph 2

2. Member States shall support and encourage private operators or public authorities to voluntarily provide special conditions or preferential treatment for persons with disabilities in as wide a range of services, other activities and facilities as possible. In particular Member States shall support and encourage private operators and public authorities through, inter alia, the provision of information and exchange of best practices on possible special conditions or preferential treatment to be offered and the provision of disability- mainstreaming and awareness training so as to ensure the relevance, effectiveness and inclusivity of any special conditions or preferential treatment offered. Member States shall ensure all such measures are carried out in partnership with persons with disabilities and their representative organisations.

Amendment 422 #

Proposal for a directive
Article 15 – paragraph 2

Amendment 423 #

Proposal for a directive
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 424 #

Proposal for a directive
Article 15 – paragraph 3

Amendment 425 #

Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI, Jordi CAÑAS, Monica SEMEDO, Atidzhe ALIEVA-VELI, Dragoş PÎSLARU, Irena JOVEVA, Max ORVILLE, Sylvie BRUNET, Marie-Pierre VEDRENNE

Proposal for a directive
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, including in the national sign language(s).

Amendment 426 #

Proposal for a directive
Article 15 – paragraph 3

Amendment 427 #

Ádám KÓSA, Stelios KYMPOUROPOULOS, Lucia ĎURIŠ NICHOLSONOVÁ

Proposal for a directive
Article 15 – paragraph 3

Amendment 428 #

Proposal for a directive
Article 15 – paragraph 3

Amendment 429 #

Proposal for a directive
Article 15 – paragraph 3

Amendment 43 #

Proposal for a directive
Recital 11

Amendment 430 #

Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Monica SEMEDO, Jordi CAÑAS, Dragoş PÎSLARU, Irena JOVEVA, Sylvie BRUNET, Marie-Pierre VEDRENNE

Proposal for a directive
Article 15 – paragraph 3 a (new)

3 a. The Commission is empowered to adopt delegated acts in accordance with Article 11 to supplement the Directive in order to set an official EU website, available in all EU languages, to collect information referred to in paragraph 1 of this article, to facilitate the use for Card holders, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882.

Amendment 431 #

Proposal for a directive
Article 16 – paragraph 1

1. By dd/mm/yy [t~~hree~~wo years after the date of application of this Directive], and every ~~fiv~~three years thereafter, the Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.

Amendment 432 #

Proposal for a directive
Article 16 – paragraph 2

2. The report shall address, inter alia, in the light of social, economic and other relevant developments the use of the European Disability Card and European Parking Card for persons with disabilities with a view to assessing the need to review this Directive. The report shall include a gender equality analysis of how the provisions of this Directive have impacted the free movement of women and girls with disabilities. The report shall also evaluate the effectiveness of the incentivizing measures provided by Member States to service providers.

Amendment 433 #

Proposal for a directive
Article 16 – paragraph 2

2. The report shall address, inter alia, in the light of social, economic ~~developments~~and other relevant developments, including technological, the use of the European Disability Card and European Parking Card for persons with disabilities with a view to assessing the need to review this Directive.

Amendment 434 #

Proposal for a directive
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

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 436 #

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Article 16 – paragraph 4 a (new)

4 a. The report shall include an impact assessment of the use of the card as the tool for improving the portability benefits in the area of social security under Regulations (EC) No 883/2004 and (EC) No 987/2009 and social assistance covered by Article 24(2) of Directive 2004/38/EC.

Amendment 437 #

Proposal for a directive
Article 18 – paragraph 1

Amendment 438 #

Proposal for a directive
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 439 #

Proposal for a directive
Article 18 – paragraph 1

Amendment 44 #

Proposal for a directive
Recital 11

(11) Persons with disabilities moving for longer periods to other Member States for employment, study or other purposes, except where otherwise provided by law or agreed among Member States, may have their disability status reassessed and formally recognised by the competent authorities in the other Member State and may receive a disability certificate, a disability card or any other formal document recognising their disability status in accordance with applicable rules of that Member State. Nevertheless, persons with disabilities staying for a fixed period of time in the context of a mobility programme, should not need to have their disability status assessed in the new member state. Those could be mobility projects for vocational and educational training (VET), school pupils, adult education, youth exchanges, youth workers, youth participation activities, Discover EU Inclusion action, projects for higher education students and staff or partnerships for cooperation.

Amendment 440 #

Proposal for a directive
Article 18 – paragraph 1

Amendment 441 #

Proposal for a directive
Article 18 – paragraph 1

Amendment 442 #

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Article 18 – paragraph 2

2. They shall apply those provisions from dd/mm/yy [3024 months from the date of entry into force of this Directive].

Amendment 443 #

Proposal for a directive
Article 18 – paragraph 2

2. They shall apply those provisions from dd/mm/yy [306 months from the date of entry into force of this Directive].

Amendment 444 #

Proposal for a directive
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 445 #

Proposal for a directive
Article 18 – paragraph 2

2. They shall apply those provisions from dd/mm/yy [3024 months from the date of entry into force of this Directive].

Amendment 446 #

Proposal for a directive
Article 18 – paragraph 2

2. They shall apply those provisions from dd/mm/yy [320 months from the date of entry into force of this Directive].

Amendment 447 #

Proposal for a directive
Annex I – subheading 1

EUROPEAN DISABILITY AND ELDERLY CARD FORMAT

Amendment 448 #

Proposal for a directive
Annex I – paragraph 1

FRONT SIDE text European Disability Card in English and in the language(s) of the Member State issuing the card and in braille

Amendment 449 #

Proposal for a directive
Annex I – paragraph 1

FRONT SIDE text European Disability and Elderly Card in English

Amendment 45 #

Proposal for a directive
Recital 11

Amendment 450 #

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
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 451 #

Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI, Jordi CAÑAS, Monica SEMEDO, Dragoş PÎSLARU, Irena JOVEVA, Max ORVILLE, Sylvie BRUNET, Marie-Pierre VEDRENNE

Proposal for a directive
Annex I – paragraph 2

BACK SIDE National information in the national language or national languages to be decided by the issuing Member State. Member States shall provide the option to persons with disabilities, when applying for the card to the relevant authorities, to display relevant symbol(s) on the card in order to indicate their required reasonable accommodation.

Amendment 452 #

Proposal for a directive
Annex I – paragraph 2

BACK SIDE National information in the national language or national languages to be decided by the issuing Member State, in line with national law and practice, e.g. degree of disability.

Amendment 453 #

Proposal for a directive
Annex I – point 1

1. The size of the European Disability and Elderly Card shall be in accordance with ISO 7810.

Amendment 454 #

Proposal for a directive
Annex I – point 2 a (new)

2 a. To ensure that data are properly secured against attempts at forgery or fraudulent alteration it is very strongly recommended to integrate the biographical data, including the portrait, and main issue data, into the basic material of the document. A variety of technologies are available for personalizing the document in this way (e.g., laser engraving), not precluding the use and development of new technologies. Personalization fields: The layout of the card shall include one white field of 21 x 28 mm used to print the portrait of the holder. The layout of the card shall contain five white fields of 4 x 52 mm. Captions, printed in black, shall be in the national language and in (italic) English, placed on two lines. Font shall be Arial bold 4pt aligned to the left of the field. Personalization data shall be in Arial 12pt, aligned on the right of the field. Data printed on the recto of the document: · The portrait of the solely holder. · Field 1: Forename of the card holder. · Field 2: Surname of the card holder. · Field 3: Date of birth. · Field 4: Document serial number. · Field 5: Expiry date of the document. Note: Maximum number of characters that can be printed for the first name and for the surname is 25. Date shall be in the format DDnMMnYYYY where n is “.”or blank character.

Amendment 455 #

Proposal for a directive
Annex I – point 3

~~3. The card shall have: — a picture of the card holder; — the surname and forename of the card holder; — the date of birth of the card holder; — the serial number of the card.~~deleted

Amendment 456 #

Proposal for a directive
Annex I – point 4 – introductory part

4. The ~~colour of the card shall be light and dark blue, as set in the picture and with references:~~background security print shall include a grid pattern printed using one pantone colour. Areas with different colours are achieved and shall be composed of lines with variable thickness and steps. The background shall include microprints with the words “DISABILITY CARD”. The background print shall include a graphical element printed with an invisible UV ink (yellow) representing a circle of 12 stars with repetitions of letters “EU” in the centre.

Amendment 457 #

Proposal for a directive
Annex I – point 4 – indent 1

~~– Dark blue: CMYK 100, 90, 10, 0 RGB 0, 68, 148~~deleted

Amendment 458 #

Proposal for a directive
Annex I – point 4 – indent 2

~~– Lighter: CMYK 94, 63, 7, 1 RGB 0, 110, 183~~deleted

Amendment 459 #

Proposal for a directive
Annex I – point 5

5. ~~The card shall indicate the expiry date~~See draft suggested in point 3.

Amendment 46 #

Proposal for a directive
Recital 11

Amendment 460 #

Proposal for a directive
Annex I – point 6

6. The c~~ard shall contain a country code with the blue circle around it.~~ ircle with the two letter ISO Country Code of the Issuing Country inside shall be printed with pantone blue reflex. The circle shall be rounded by 12 stars. The two letters of the ISO Country Code are white.

Amendment 461 #

Proposal for a directive
Annex I – point 8

8. The words European Disability Card shall be displayed using Arial font and in braille using the Marburg code dimensions printed using the blue reflex. Marburg Medium: Dot difference x-axis (a): 2.5 mm. (dot- centre to dot-centre). Dot difference y-axis (b): 2.5 mm. (dot- centre to dot-centre). Width of character (c): 6.0 mm. (dot- centre dot 1 of the first character to dot- centre dot 1 of the following character). The measure (d) between the end- character's dot-centre and the dot-centre of the beginning character of a following word is 2 x c, 6.0 mm. x 2 = 12.0 mm. Line spacing (e): 10.0 mm. (dot-centre dot 1 to dot-centre dot 1 of the following line). Dot-diameter: approx. 1.3 mm. (dot diameter of the basis of an embosser) or 1.6 mm. (dot diameter of a female die). Braille code for “EU DISABILITY CARD” using the Marburg Medium code dimension.

Amendment 462 #

Proposal for a directive
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 463 #

Proposal for a directive
Annex I – point 10 a (new)

10 a. Hologram A hologram with metallization shall be inserted on the recto side. The hologram shall include the words “EU Disability Card” and a circle composed by 12 white stars.

Amendment 464 #

Proposal for a directive
Annex I a (new)

The card shall have a QR code containing all data included in the card in accessible format duly defined and indicated by an embossed stamp, fully compliant with data protection legislation.

Amendment 465 #

Proposal for a directive
Annex II – subheading 1

EUROPEAN PARKING CARD FOR PERSONS WITH DISABILITIES AND OLDER PERSONS FORMAT

Amendment 466 #

Proposal for a directive
Annex II – subheading 1 a (new)

The words “European Parking Card” shall be displayed in braille using the Marburg code dimensions.

Amendment 467 #

Proposal for a directive
Annex II – point 1 – introductory part

1. The size of the European Parking Card for persons with disabilities and older persons shall be:

Amendment 468 #

Proposal for a directive
Annex II – point 2 – introductory part

2. ~~The colour of the card shall be dark blue and yellow, as set in above picture and with references:~~Pantone blue reflex and pantone yellow can be used for the right side of the document, since these colours are suggested by the Commission for representing the EU flag. The background security print shall include a grid pattern printed using the pantone colour(s). The background shall include microprints with the words “EUROPEAN PARKING CARD”.

Amendment 469 #

Proposal for a directive
Annex II – point 2 – indent 1

~~– Dark blue: CMYK 100, 90, 10, 0 RGB 0, 68, 148~~deleted

Amendment 47 #

Proposal for a directive
Recital 11 a (new)

(11a) Persons with disabilities who move abroad to work or study and have to undergo an assessment to have their disability recognised by the new Member State should be granted an exemption to allow temporary recognition of their disability status during this transition stage. This exemption should also apply to participants in EU mobility programmes, such as Erasmus+.

Amendment 470 #

Proposal for a directive
Annex II – point 2 – indent 2

~~– Yellow: CMYK 94, 63, 7, 1 RGB 255, 237, 0~~deleted

Amendment 471 #

Proposal for a directive
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 472 #

Proposal for a directive
Annex II – point 3 – point a – indent 5 a (new)

– the words “European Parking Card” shall be displayed in braille using the Marburg code dimensions.

Amendment 473 #

Proposal for a directive
Annex II – point 3 – point b – indent 1

– in capital letters, the words ‘European Parking Card for persons with disabilities’ 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; The words “European Parking Card” shall be displayed in braille using the Marburg code dimensions.

Amendment 474 #

Proposal for a directive
Annex II – point 3 – point b – indent 1

Amendment 475 #

Proposal for a directive
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 476 #

Proposal for a directive
Annex II – point 3 – point b – indent 1

Amendment 477 #

Proposal for a directive
Annex II – point 3 – point c – indent 7 a (new)

– Secondary id card number

Amendment 478 #

Proposal for a directive
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’;

Amendment 479 #

Proposal for a directive
Annex II – point 5 a (new)

5 a. Materials. To ensure that data are properly secured against attempts at forgery or fraudulent alteration it is very strongly recommended to use security materials with anti-forgery security elements. Example 1: Security paper with watermark and security fibres. Holographic feature or equivalent security feature. Lamination can be added to protect the document. Example 2: Polycarbonate or equivalent material. In this case, to ensure that data are properly secured against attempts at forgery or fraudulent alteration it is very strongly recommended to integrate the biographical data, including the portrait, and main issue data, into the basic material of the document. Holographic feature or equivalent security feature can be integrated in the structure of the document.

Amendment 48 #

Proposal for a directive
Recital 12

(12) ~~However, p~~Persons with recognised disability status travelling to or, visiting ~~for a short period of time~~, studying or working in a Member States other than the Member State in which they reside, maregularly encounter significant difficulties and barriers, if their disability status is not recognised ~~in the Member State they travel to or visit~~ and if they do not hold a certificate, disability card or any other formal document recognising their disability status in the host Member State, in order to benefit from special conditions and/or preferential treatment offered there.

Amendment 480 #

Proposal for a directive
Annex II a (new)

The card shall have a QR code containing all data included in the card in accessible format duly defined and indicated by an embossed stamp, fully compliant with data protection legislation.

Amendment 49 #

Proposal for a directive
Recital 12 a (new)

(12 a) Being a woman is a factor that affects all dimensions, including mobility and free movement, and must therefore be considered so that this legislation contributes to recognising the rights of women and girls with disabilities, mothers and carers of persons with disabilities and protecting them from intersectional discrimination

Amendment 50 #

Proposal for a directive
Recital 13

(13) In this case, persons with disabilities travelling to or, visiting or moving to another Member State are put at a disadvantage when exercising their free movement rights as compared to persons with disabilities holding a disability certificate, a disability card or any other formal document recognising their disability status in the Member State they travel to ~~or visit~~, visit or move to.

Amendment 51 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Jarosław DUDA, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
Recital 13 a (new)

(13 a) The European Union has ratified the Convention on preventing and combating violence against women and domestic violence, the Istanbul Convention

Amendment 52 #

Proposal for a directive
Recital 14

Amendment 53 #

Proposal for a directive
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 visit~~, visiting or moving to another Member State, creates significant uncertainty for them. Ultimately, persons with disabilities may be deterred from exercising their rights of free movement.

Amendment 54 #

Proposal for a directive
Recital 14 a (new)

(14 a) Considering both demographic changes and the need to increase the mobility of persons with disabilities, Member States should work hard to improve the accessibility of public spaces and infrastructures to the needs of persons with disabilities.

Amendment 55 #

(15) Alongside ~~physical and other~~visible and invisible barriers in accessing both public and private spaces, high expenses are a key factor discouraging many persons with disabilities from travel48 ,. Similarly, lack of knowledge about physical, psychosocial, cognitive and sensory accessibility is a breeding ground for discriminatory behaviour 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 disabilities49 . The lack of recognition of disability 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 56 #

Proposal for a directive
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 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 disabilities49 . The lack of recognition of disability status in other Member States might limit their access to special conditions, such as free access or reduced tariffs, priority spots in public transports, or clearly visible and reserved parkings, or preferential treatment ~~and has an~~, thus having a negative impact on their travel costs, lives ~~and~~, choices and personal autonomy. _________________ 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 57 #

Proposal for a directive
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 from travel48 , because they have specific needs due to their disabilities 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 disabilities49 . The lack of recognition of disability 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 58 #

(16) Preferential treatment (such as personal assistance, priority access, etc.) offered with or without remuneration ~~may be~~is very often important for persons with disabilities to be able to access various services, activities or facilities and to better experience them. However, due to the lack of mutual recognition, in the Member State they visit or travel or move to, of their disability status and of formal documents recognising this status issued in other Member States, persons with disabilities 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 or any other formal document recognising their disability status issued there. This is leading to a limitation de facto of their freedom of movement.

Amendment 59 #

Proposal for a directive
Recital 16 a (new)

(16 a) As the degree of disability is decided very differently by the national authorities in the Member States, persons with disabilities may not be able to take advantage of, or may benefit from, the varying reduced fees for culture, leisure and transport offered by private bodies or public authorities in the Member States.

Amendment 60 #

Proposal for a directive
Recital 17

(17) The Pilot Project on the EU Disability card launched in 2016 and carried out in eight Member States, demonstrated the advantages for persons with disabilities in accessing services in the areas of culture, leisure, sport, and, in some cases, transport, and supporting their cross- border movement in the EU for a short period50 . In addition, it included other examples of services, activities, transport infrastructure and facilities which offer special conditions or preferential treatment to persons with disabilities. _________________ 50 See also the Final Report of the Study assessing the implementation of the pilot action on the EU Disability Card and associated benefits, published in May 2021, https://op.europa.eu/en/publication- detail/-/publication/4adbe538-0a02-11ec- b5d3-01aa75ed71a1/language-en.

Amendment 61 #

Proposal for a directive
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 to parking conditions provided and facilities reserved for persons with disabilities 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. Access to services should be instantaneous without requiring a new application in case of moving to another country. _________________ 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 62 #

Philippe OLIVIER

Proposal for a directive
Recital 20

(20) Infrastructures are all too often poorly adapted, and they create or exacerbate difficult situations for persons with disabilities through a wide range of barriers in all areas of daily life. Therefore, in order to facilitate the access by persons with disabilities 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 status and of formal documents recognising this status issued in other Member States and parking rights should be removed. It is thus essential to establish, in conjunction with all stakeholders, an uninterrupted and accessible mobility chain (public transport and roads) to allow all people to move freely, regardless of their mobility capabilities or where they live (rural or urban areas).

Amendment 63 #

Proposal for a directive
Recital 20

(20) In order to facilitate the access by persons with disabilities to special conditions or preferential treatment related to services, activities, transport infrastructure and facilities, including when provided not for remuneration, in other Member States, remaining infrastructural, legal, economic and administrative barriers ~~and~~or difficulties in travelling to or visiting another Member State due to the lack of mutual recognition of their disability status and of formal documents recognising this status issued in other Member States and parking rights should be removed.

Amendment 64 #

Proposal for a directive
Recital 20

(20) In order to facilitate the access by persons with disabilities 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 status, particularly for invisible disabilities, and of formal documents recognising this status issued in other Member States and parking rights should be removed.

Amendment 65 #

Proposal for a directive
Recital 20

(20) In order to facilitate the access by persons with disabilities 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 visi~~, visiting or relocating to another Member State due to the lack of recognition of their disability status and of formal documents recognising this status issued in other Member States and parking rights should be removed.

Amendment 66 #

Proposal for a directive
Recital 21

(21) Therefore, in view of facilitating the exercise by persons with disabilities when travelling ~~to or visiting~~, visiting or moving to 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 in that Member State, and in view of facilitating the use of all means of transport and benefiting from parking conditions and facilities reserved for persons with disabilities 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 Card as proof of recognised disability status 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.

Amendment 67 #

Proposal for a directive
Recital 21

(21) Therefore, in view of facilitating the exercise by persons with disabilities 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 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 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 Card as proof of recognised disability status 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.

Amendment 68 #

Proposal for a directive
Recital 21 a (new)

(21 a) Persons with disabilities visiting, travelling or moving to other Member States for tourism, employment, study or other purposes, should have their disability status automatically recognised by the competent authorities in the other Member State in view of their possession of the European Disability Card and/or European Parking Card for persons with disabilities.

Amendment 69 #

Proposal for a directive
Recital 22

(22) Mutual and automatic 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 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 70 #

Proposal for a directive
Recital 23

(23) Beside parking conditions and facilities, the services, activities and facilities covered by this Directive concern 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~~.

Amendment 71 #

Proposal for a directive
Recital 23

(23) Beside parking conditions, infrastructure and facilities, the services, activities and facilities covered by this Directive concern 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.

Amendment 72 #

Proposal for a directive
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, access to restricted traffic zones and pedestrian zones, priority seats in public transports, 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, zero or reduced interest rate 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~~should be entitled to 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 person with disabilities themselves and can change on an ad hoc basis depending on their needs.

Amendment 73 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
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 (recognizing the importance of guide dogs or assistance dogs for people with visual impairment), 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 (recognizing the importance of guide dogs or assistance dogs for people with visual impairment), 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 74 #

Proposal for a directive
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 75 #

Proposal for a directive
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~~with the person with disabilities.

Amendment 76 #

Proposal for a directive
Recital 25

Amendment 77 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Jarosław DUDA, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
Recital 25 a (new)

(25 a) Member States should ensure that the European Disability Card and the European Parking Card for persons with disabilities contain all information also in braille.

Amendment 78 #

Proposal for a directive
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 79 #

Proposal for a directive
Recital 27 a (new)

(27 a) In order to strengthen the utility and impact of the European Parking Card for persons with disabilities, the Commission should establish a publicly available EU database, based on information provided by the Member States, in order to inform persons with disabilities of the different parking conditions and facilities offered for persons with disabilities in each Member State and its regions, cities, and municipalities.

Amendment 80 #

Proposal for a directive
Recital 28

(28) The Member State responsible for issuing the European Disability Card or the European Parking Card for persons with disabilities 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~~in accordance with national law and received the assessment of their disability status. Holders of a European Disability Card or European Parking Card for persons with disabilities 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 81 #

Proposal for a directive
Recital 28

(28) The Member State responsible for issuing the European Disability Card or the European Parking Card for persons with disabilities 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 status. Holders of a European Disability Card or European Parking Card for persons with disabilities should always be able to use the cards during their stay in any other Member State, as well as in any means of transport. _________________ 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 82 #

Proposal for a directive
Recital 28 a (new)

(28 a) It is imperative to take into account the gender-based violence to which European women and girls with disabilities are most exposed. This means that access to resources, mechanisms and benefits to combat and mitigate this scourge must be guaranteed throughout the EU, responding to the protection and support needs of women and girls with disabilities, mothers and carers who are victims of violence, abuse and mistreatment.

Amendment 83 #

Proposal for a directive
Recital 29

(29) In order to guarantee that workers with disabilities 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 Card and the European Parking Card for persons with disabilities should also be available to workers with disabilities who travel to or visit another Member State for work-related purposes. in addition to study-related purposes when the duration of the stay does not exceed three months as foreseen in the Directive 2004/38/EC .

Amendment 84 #

Proposal for a directive
Recital 29

(29) In order to guarantee that workers with disabilities can effectively exercise their rights to free movement fully and also enjoy services, activities, transport infrastructure and facilities offered by Member States, including when provided not for remuneration, the European Disability Card and the European Parking Card for persons with disabilities should also be available to workers who travel to or visit another Member State for work- related purposes, including frontier and cross-border workers with disabilities.

Amendment 85 #

Proposal for a directive
Recital 29 a (new)

(29a) In order to ensure that persons with disabilities can effectively exercise their right to free movement and benefit from the services, activities and facilities offered by the Member States, including those provided free of charge, a new EU database should be set up to inform persons with disabilities of the various rights and rules regarding the parking spaces available to them in the Member States and their respective regions, towns and municipalities.

Amendment 86 #

Proposal for a directive
Recital 30

(30) The envisaged framework for mutual and automatic recognition of the European Disability Card and the European Parking Card for persons with disabilities does not impinge on the competences of a Member State to assess and recognise the disability status and to grant further special conditions, such as free access, reduced tariffs or preferential treatment for persons with disabilities 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 Council~~56 . _________________ 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~~. In exceptional circumstances, such social benefits, protection and assistance should be covered in certain time-limited instances, either when moving to and otheir ~~family members to move and reside freely within the territory of the Member S~~Member State for work or study or while participating in EU mobility programmes such as Erasmus+, to allow for the temporary continued recognition of a person’s disability stateus a~~mending 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~~nd consequent access to their social rights and assistance while they are undergoing the reassessment process to have their disability recognised by the new Member State.

Amendment 87 #

Proposal for a directive
Recital 30

(30) The envisaged framework for mutual recognition of the European Disability Card and the European Parking Card for persons with disabilities does not impinge on the competences of a Member State to assess and recognise the disability status and to grant special conditions, such as free access, reduced tariffs or preferential treatment for persons with disabilities 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 . To ensure freedom of movement and equal opportunities for persons with disabilities, reasonable exceptions to this exclusion shall be made to allow for temporary recognition of the disability status of the holder of a European Disability Card when relocating to another Member State for employment or studies, until the new Member State has completed the reassessment of the disability status. _________________ 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 88 #

Proposal for a directive
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 easy to read formats and subtitled national sign language videos and international sign videos) 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 on an accessible online information platform respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882. The Commission should set up a publicly available EU database 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. Such database should be available in all EU languages in comprehensive, user-friendly and accessible format (including easy to read formats and subtitled national sign language videos and international sign videos).

Amendment 89 #

Marianne VIND

Proposal for a directive
Recital 31

(31) In order to raise awareness and facilitate access to special conditions or preferential treatment for persons with disabilities, 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, for persons with disabilities including in digital formats, national sign languages and easy-to-read, and upon request in assistive formats requested by 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 90 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Jarosław DUDA, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
Recital 31

Amendment 91 #

Proposal for a directive
Recital 31

Amendment 92 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Jarosław DUDA, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
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 93 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Jarosław DUDA, Marian-Jean MARINESCU, Janina OCHOJSKA

Proposal for a directive
Recital 35

Amendment 94 #

Proposal for a directive
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 95 #

Proposal for a directive
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 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 with respect to services, activities, transports 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 96 #

Proposal for a directive
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 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~~free movement 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 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 97 #

Proposal for a directive
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 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 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 98 #

Proposal for a directive
Article 1 – paragraph 1 – point a a (new)

(a a) the rules governing the issuance of the European Parking Card for persons with disabilities as proof of a right to parking conditions and facilities reserved for persons with disabilities, in view of facilitating stays of persons with disabilities in a Member State other than that of which they are a resident, by granting them access to any 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 99 #

Proposal for a directive
Article 1 – paragraph 1 – point a a (new)

(a a) The conditions necessary to promote equality for persons with disabilities and to contribute to their free movement within the EU, without obstacles to free movement and with the individual supports that each person needs, projecting the EU's basic foundation, free mobility, to all persons with disabilities, who so far face severe disadvantages in this domain

source: 756.072

2023/11/13 FEMM 138 amendments...

Amendment 100 #

Proposal for a directive
Article 2 – paragraph 5

Amendment 101 #

Proposal for a directive
Article 3 – paragraph 1 – point a a (new)

(a a) New point (a) Discrimination on the basis of disability" means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation.

Amendment 102 #

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) “persons with disabilities” means persons who have long-term physical, mental, intellectual or sensory impairments w~~hich in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others~~ith disability status recognised and issued in accordance with national law and practice;

Amendment 103 #

Proposal for a directive
Article 3 – paragraph 1 – point d

Amendment 104 #

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) “personal assistant” is a person accompanying or assisting persons with disabilities who is recognised in accordance with the national legislation or practices as such, including informal caregivers such as family members;

Amendment 105 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
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/or, when applicable, to person(s) accompanying or assisting them including personal assistant(s) or assistance ~~animal~~dogs or guide dogs recognised in accordance with the national legislation or practices as such, irrespective whether provided on a voluntary basis or imposed by legal obligations;

Amendment 106 #

Proposal for a directive
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 107 #

Proposal for a directive
Article 3 – paragraph 1 – point f a (new)

(f a) "EU mobility programme" means any programme that has a fixed period of time, and that is temporary, that takes place in another Member State that the state or residence, in the field of education, training, or for work related purposes.

Amendment 108 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 4 – paragraph 1 – point a

(a) ~~Union c~~Citizens ~~and family members of Union citizens~~of the Member-States of the European Union, their family members 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 109 #

Proposal for a directive
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 110 #

Proposal for a directive
Article 4 – paragraph 1 – point a

(a) Union citizens and family members of Union citizens 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), as well as guide and assistance dogs,

Amendment 111 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 4 – paragraph 1 – point b

(b) ~~Union c~~Citizens ~~and family members of Union citizens~~of the Member-States of the European Union, their family members 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 112 #

Proposal for a directive
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 113 #

Proposal for a directive
Article 4 – paragraph 1 – point b a (new)

(b a) New point (c) Any person with a factual disability, according to the meaning stated in Article 1 of the CRPD, when they reside and are displaced in an EU State other than their own, even if they do not have a disability status recognised by their Member State of residence

Amendment 114 #

Proposal for a directive
Article 4 – paragraph 1 a (new)

New point (d) Persons with disabilities in a situation of international protection in an EU member state.

Amendment 115 #

Proposal for a directive
Article 4 – paragraph 1 b (new)

New point (e) Citizens of the Union who have a medical certificate of diagnosis of autism spectrum disorder issued or validated by the health services supported by public funds.

Amendment 116 #

Proposal for a directive
Article 5 – paragraph 1 a (new)

1 a. New point (1)Member States shall take all necessary measures to recognise all persons with disabilities who are holders of a European Disability Card as being specially protected against discrimination on the grounds of disability, with the consequent right of access throughout the EU to the remedies and mechanisms provided against breaches of rights and lack of effective equal treatment.

Amendment 117 #

Proposal for a directive
Article 5 – paragraph 3 – point a

Amendment 118 #

Proposal for a directive
Article 5 – paragraph 3 – point b

Amendment 119 #

Proposal for a directive
Article 5 – paragraph 3 – point b

Amendment 120 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 5 a (new)

Article 5a New point (4) Service providers shall comply with the following obligations and measures: (a) Service providers are obliged to recognise holders of the European Disability Card as persons who are specially protected against discrimination on the grounds of disability by guaranteeing them the right of access throughout the EU to the remedies and mechanisms available to them against infringements of their rights. (b) Service providers shall ensure that they provide services in accordance with the accessibility requirements set out in this Directive. (c) Service providers shall produce the necessary information in accordance with Annex I and explain how their services comply with the applicable accessibility requirements. The information shall be made available to the public in a form that is universally accessible to all persons with disabilities. (d) In the event of non-compliance, service providers shall take the necessary corrective measures to bring the service into compliance with the applicable universal accessibility requirements.

Amendment 121 #

Proposal for a directive
Article 6 – paragraph 1

Amendment 122 #

Proposal for a directive
Article 6 – paragraph 2

Amendment 123 #

Proposal for a directive
Article 6 – paragraph 3

Amendment 124 #

Proposal for a directive
Article 6 – paragraph 3 a (new)

3 a. Member States shall ensure that the European Disability Card is equally accessibly to people with disabilities regardless of their sex, socioeconomic background and migration status, among others.

Amendment 125 #

Proposal for a directive
Article 6 – paragraph 3 b (new)

3 b. The European Disability Card and its renewals shall be issued free of charge;

Amendment 126 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
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 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 127 #

Proposal for a directive
Article 6 – paragraph 4

4. The European Disability Card shall be issued or renewed by the Member State of residence directly if this is according to the national disability recognition procedure, or upon application by the person with disabilities. It shall be issued and renewed free of charge to the beneficiary 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.

Amendment 128 #

Proposal for a directive
Article 6 – paragraph 4

4. The European Disability Card shall be issued or renewed by the Member State of residence directly or upon application by the person with disabilities. It shall be issued and renewed within the same 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. In the event of a change of country of residence, the renewal period may be extended by 6 to 8 months.

Amendment 129 #

Proposal for a directive
Article 6 – paragraph 4 a (new)

4 a. Member States shall use the back of the card to display information on the kind of assistance that the card holder needs.

Amendment 130 #

Proposal for a directive
Article 6 – paragraph 5

5. The European Disability 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. The digital format must take into consideration that persons with disability, in particular women and girls, are particularly at risk of being digitally excluded. Persons with disabilities shall be given the option to use either the digital or physical card, or both.

Amendment 131 #

Proposal for a directive
Article 6 – paragraph 5

Amendment 132 #

Proposal for a directive
Article 6 – paragraph 5 a (new)

5 a. The process to request and acquire a European Disability Card issued by Member States shall be designed in a simplified and universal way, ensuring there are no barriers preventing equal access, in order to guarantee accessibility and usability by all people with disabilities, especially by women and girls with disabilities who are more prone to being digitally excluded, meaning that they can equally perceive, understand, navigate, and interact with the process as much as necessary, either by physical or digital means.

Amendment 133 #

Proposal for a directive
Article 6 – paragraph 5 a (new)

5 a. New point (5) The European Disability Card will be issued (first and subsequent issues) free of charge, at no cost to the person applying for it.

Amendment 134 #

Proposal for a directive
Article 6 – paragraph 6

Amendment 135 #

Proposal for a directive
Article 6 – paragraph 7 – point 1 (new)

(1) New point (8) Universal accessibility shall be ensured throughout the process related to the format, mutual recognition, issuing and validity of the European Disability Card.

Amendment 136 #

Proposal for a directive
Article 6 – paragraph 7 – point 2 (new)

(2) New point (9) In the event that the same person with a disability holds both the European Disability Card and the Parking Card, flexible and simple formulas will be established that allow for the same material and/or digital support, in order to avoid unnecessary administrative burdens.

Amendment 137 #

Proposal for a directive
Article 7 – paragraph 2 a (new)

2 a. Member States shall ensure that the European Disability Card is equally accessibly to people with disabilities regardless of their sex, socioeconomic background and migration status, among others.

Amendment 138 #

Proposal for a directive
Article 7 – paragraph 2 b (new)

2 b. The European Parking Card and its renewals shall be issued free of charge;

Amendment 139 #

Proposal for a directive
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. Such procedures shall be free of charge for the card holder. 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 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 140 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 7 – paragraph 4

Amendment 141 #

Proposal for a directive
Article 7 – paragraph 5

5. Member States shall take the necessary measures to ensure that the European Parking Card for persons with disabilities 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]. These measures shall be taken with due respect and consideration to the person with disabilities and their rights. _________________ 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 142 #

Proposal for a directive
Article 7 – paragraph 6

6. The European Parking Card for persons with disabilities 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 shall be given the option to use either the digital or physical card, or both. When applicable, the physical and / or digital cards shall be accompanied by different formats that adapt to the specific needs of their holders, such as braille.

Amendment 143 #

Proposal for a directive
Article 7 – paragraph 6

6. The European Parking Card for persons with disabilities 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. The digital format must take into consideration that persons with disability, in particular women and girls, are particularly at risk of being digitally excluded. Persons with disabilities shall be given the option to use either the digital or physical card, or both.

Amendment 144 #

Proposal for a directive
Article 7 – paragraph 6 a (new)

6 a. The process to request and acquire a European Parking Card for persons with disabilities issued by Member States shall be designed in a simplified and universal way, ensuring there are no barriers preventing equal access, in order to guarantee accessibility and usability by all people with disabilities, meaning that they can equally perceive, understand, navigate, and interact with the process as much as necessary, either by physical or digital means.

Amendment 145 #

Proposal for a directive
Article 7 – 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; Member States shall encourage public authorities to upload relevant information in the database.

Amendment 146 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 7 a (new)

Article 7a Provisions for card holders when changing residence 1. Member States shall ensure the beneficiaries who have changed their member state of residence and are pending the issuance of a new national disability card by the competent authorities, are guaranteed their rights and benefits provided by the Disability Card and the Parking Card of the previous member state who first issued it. 2. Member States shall ensure that the process of re-assessment of the disability and the issuing of the new national card and therefore the new European Disabilities and Parking Card does not exceed 6 months.

Amendment 147 #

Proposal for a directive
Article 9 – title

~~Surveillance, compliance, a~~Accessibility of information and awareness raising

Amendment 148 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
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,~~ latest by [within 12 months after the entry into force of this Directive], including in digital formats, as well as in national sign languages, augmentative and alternative communication and easy to read format and and upon request in other assistive formats requested by persons with disabilities.

Amendment 149 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 9 – paragraph 1 a (new)

1 a. Pursuant to paragraph 1 of this Article, the Commission shall gather the information provided by Member States in a specially dedicated EU website. Particularly, the website shall provide information on which different accessibility measures are available by public authorities to Card holders according to each disability type in the respective Member States. The website shall also list, where applicable, the type of service providers involved in the Card’s scheme.

Amendment 150 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 9 – paragraph 2

2. Member States shall take appropriate measures to raise awareness among the public , including to public authorities and private operators having the potential to offer preferential treatment pursuant to Article 5 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 EU competent authorities and the EU Member States shall coordinate on a comprehensive training for all concerned public servants as well as private service providers that participate to ensure a comprehensive and equal knowledge. This comprehensive training shall be co-financed by ESF+ funds.

Amendment 151 #

Proposal for a directive
Article 9 – paragraph 2

2. Member States shall take appropriate measures to raise awareness among the public in particular public authorities and private service providers having the potential to offer tailored support pursuant to Article 5, about the existence and conditions of the card. Member States shall also inform persons with disabilities, including in accessible ways, about the existence 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 152 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
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 and gender-inclusive 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 153 #

Proposal for a directive
Article 9 – paragraph 2 a (new)

2 a. The Commission shall publish guidelines on standards as well as proper management of assistive devices and technologies in order to support Member States in their harmonization efforts. The first version of those guidelines shall be published latest by [within 12 months after the entry into force of this Directive] and consequently every 12 months. For this, the Commission shall assist persons with disabilities and their representative organizations as well as companies developing assistive technologies.

Amendment 154 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 9 – paragraph 2 b (new)

2 b. The information referred to in this Article shall be made available free of charge in a clear, comprehensive, user- friendly and easily accessible way, including through 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 155 #

Proposal for a directive
Article 9 – paragraph 3 a (new)

3 a. New point (3) In addition, the European institutions should disseminate information and training on the European Disability Card on an ongoing basis, through successive training and awareness-raising campaigns on its use, in formats that ensure universal accessibility and with the participation of persons with disabilities and their representative organisations. This information should clearly include the voluntary nature of the card. Specific funding lines should be made available within the Union for this purpose.

Amendment 156 #

Proposal for a directive
Article 9 – paragraph 6 a (new)

6 a. Member States shall collect gender-disaggregated data in order to identify the forms of multiple discrimination that are faced by women and girls with disabilities when accessing special conditions or preferential treatment with respect to services, activities or facilities, 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), in compliance with the obligations deriving from the European Disability Card or European Parking Card for persons with disabilities.

Amendment 157 #

Proposal for a directive
Article 9 – paragraph 7 – point 1 (new)

(1) New point (8) In order to establish a centralized information system at EU level, it would be necessary to create a website containing all information about the European Disability Card or the European Parking Card for people with disabilities and, where applicable, how to apply for it, in a universally accessible format, in all languages of the European Union, including sign language, easy-to- read and alternative and augmentative means of communication, should be set up.

Amendment 158 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 9 – paragraph 7 – point 2 (new)

(2) New point (9) Representative organisations of persons with disabilities should be involved in the whole process of development, planning, implementation, monitoring and evaluation.

Amendment 159 #

Proposal for a directive
Article 9 a (new)

Article9a Surveillance and compliance 1. Member States shall take all necessary steps to avoid the risk of forgery or fraud and shall actively combat the fraudulent use and forgery of the European Disability Card and European Parking Card for persons with disabilities. Any measures taken to avoid risk of forgery or fraud shall have due regard and consideration to the rights of persons with disabilities and shall not result in any interference with the legitimate interests of persons with disabilities in the use of either card or lead in any way to their stigmatisation. 2. 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 should the conditions under which they were issued no longer be fulfilled. 3. 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 Card or European Parking Card for persons with disabilities are informed. The Member State of issuance shall ensure appropriate follow- up in accordance with national law or practice, keeping in mind the best interest of the persons with disabilities. 4. Member States shall carry out checks on compliance with the obligations deriving from the European Disability Card or European Parking Card for persons with disabilities and with the corresponding rights of persons with disabilities holding those cards and person(s) accompanying or assisting them including their personal assistant(s). 5. The information referred to in this Article shall be made available free of charge in a clear, comprehensive, user- friendly and easily accessible way, including through 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 160 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
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. The Commission shall also consult gender equality experts and request gender disaggregated data by each Member State and competent EU Authorities in view enhacing gender mainstreaming and gender budgeting where necessary.

Amendment 161 #

Proposal for a directive
Article 11 – paragraph 4

Amendment 162 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 12 – paragraph 1

1. The Commission shall be assisted by a committee and shall meaningfully involve representative organisations of persons with disabilities. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Amendment 163 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 13 – paragraph 2 – point a

Amendment 164 #

Proposal for a directive
Article 13 – paragraph 2 – point b

(b) provisions whereby public bodies such as Equality 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, with ~~his or he~~their approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive.

Amendment 165 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 13 – paragraph 2 – point b a (new)

(b a) provisions whereby persons with disabilities, or their designated representatives acting on their behalf and with their approval, may appeal, in accordance with national law or practice, a decision from a Member State regarding the issuance or renewal of an European Disability Card or an European Parking Card.

Amendment 166 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 13 – paragraph 2 a (new)

2 a. New point (3)An authority should be established to set up an institutional mechanism to monitor and control compliance with the regulations related to the implementation, monitoring and evaluation of the European Disability Card.

Amendment 167 #

Proposal for a directive
Article 15 – paragraph 1

1. Member States shall ensure that private operators or public authorities make information on any specialfic conditions or ~~preferential treatment~~tailored support related to reasonable accommodation pursuant to Article 5 publicly available in accessible formats.

Amendment 168 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 15 – paragraph 2

2. Member States shall encourage private operators or public authorities to voluntarily provide specialfic conditions or ~~preferential treatment for persons with disabilities~~tailored support for persons with disabilities in as wide a range of services, other activities and facilities as possible. This may be done by Member States through inter alia the following information measures: (a) publicizing information about which other service providers are already offering tailored support for persons with disabilities; (b) providing information on disability access symbols that can be displayed by the service providers to enhance visibility towards customers; (c) providing information on how to deal properly with assistive devices such as electric wheelchairs and scooters to avoid damage; (d) providing information on assistive augmentative communication (AAC).

Amendment 169 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
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. The Commission shall create a digital portal containing all the information with regards the benefits of holding the European Disability Card and the European Parking Card in all Member States including information on the different procedures in each Member States. Such information shall be sent by the Member States to the Commission and updated according to the reporting requirements in Article 16 of this Directive.

Amendment 170 #

Proposal for a directive
Article 16 – paragraph 2

2. The report shall address, inter alia, ~~in the light of social, economic developments~~ the use of the European Disability Card and European Parking Card for persons with disabilities ~~with a view to assessing the need to review this Directive~~in the light of social and economic developments in the Member States and in the Union as a whole, with a view to assessing the need to review this Directive. The report shall include a gender analysis, focusing on how the provisions of this Directive actually and potentially have impacted the free movement of women and girls with disabilities. The report shall also evaluate the effectiveness of the incentivizing measures provided by Member States to service providers.

Amendment 171 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 16 – paragraph 3

Amendment 172 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 16 – paragraph 4

4. The Commission’s report shall take into account the viewpoints of persons with disabilities~~, economic stakeholders~~ and relevant non-governmental organisations, in~~cluding~~ particular organisations representing persons with disabilities and organizations fighting for gender equality, as well as economic stakeholders.

Amendment 173 #

Proposal for a directive
Article 16 – paragraph 4

4. The Commission’s report shall take into account the viewpoints of persons with disabilities, economic stakeholders and relevant non-governmental organisations, including ~~organisations representing persons with disabilitie~~persons with disabilities and their representative organisations.

Amendment 174 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 18 – paragraph 1

Amendment 175 #

Proposal for a directive
Article 18 – paragraph 1

Amendment 176 #

Proposal for a directive
Article 18 – paragraph 1

Amendment 177 #

Proposal for a directive
Article 18 – paragraph 2

2. They shall apply those provisions from dd/mm/yy [320 months from the date of entry into force of this Directive].

Amendment 178 #

Proposal for a directive
Article 18 – paragraph 2

2. They shall apply those provisions from dd/mm/yy [306 months from the date of entry into force of this Directive].

Amendment 179 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 18 – paragraph 2

2. They shall apply those provisions from dd/mm/yy [3024 months from the date of entry into force of this Directive].

Amendment 180 #

Proposal for a directive
Article 18 – paragraph 2

2. They shall apply those provisions from dd/mm/yy [3024 months from the date of entry into force of this Directive].

Amendment 181 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Annex I – paragraph 2

BACK SIDE National information in the national language or national languages to be decided by the issuing Member State but including at least a formally recognised and issued disability degree.

Amendment 44 #

Proposal for a directive
Citation 5 a (new)

Having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular Articles 3, 6, 7, 8, 14, 15, 16, 20, 21, 23, 24, 25, 26, 31, 34, 35, 36, 41, 42, 45, and 47 thereof,

Amendment 45 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Citation 5 b (new)

Having regard to the UN Convention on the Rights of Persons with Disabilities (CRPD), and its entry into force on 21 January 2011 in accordance with Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities,

Amendment 46 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Citation 5 c (new)

Having regard to its resolution of 13 December 2022 entitled ‘Towards equal rights for persons with disabilities’,

Amendment 47 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Citation 5 d (new)

Having regard to its resolution of 4 October 2023 entitled ‘Harmonising the rights of persons with disabilities’,

Amendment 48 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Recital 2 a (new)

(2 a) Gender equality is a value of the Union enshrined in Article 2 TEU and in Article 8 TFEU it is stated that in all its activities the Union shall aim to eliminate inequalities, establishing the principle of gender mainstreaming and gender equality;

Amendment 49 #

Proposal for a directive
Recital 4

(4) According to the Court of Justice of the European Union, citizenship of the Union is destined to be the fundamental status of nationals of the Member States when exercising the right to move and reside within the territory of the Member States, enabling those who find themselves in the same situation to enjoy, within the scope ratione materiae of the TFEU, the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for. The right to free movement should also apply to third country nationals who have legal residence in the European Union. To this end, the Directive text will be complemented by legal act from the Commission which will bridge the legal gap between EU citizens and legally residing third country nationals in this regard. This can provide for more legal certainty not least for women and girls with a migrant background.

Amendment 50 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Recital 6

Amendment 51 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Recital 6 a (new)

(6 a) The CRPD Committee in its concluding observations on the initial report of the EU in 2015 adopted specific recommendations to be followed by the EU to ensure the rights of women and girls with disabilities. These recommendations include in particular the mainstreaming of women and girls with disabilities perspective in its forthcoming Gender Equality strategy, policies and programmes and a gender perspective in its Disabilities strategy. The Committee also recommended that the European Union develops actions to advance the rights of women and girls with disabilities by establishing a mechanism to monitor progress and funding data collection and research on women and girls with disabilities.39a _________________ 39a Concluding observations on the initial report of the European Union CRPD/C/EU/CO/1, Committee on the Rights of Persons with Disabilities, 2 October 2015.

Amendment 52 #

Proposal for a directive
Recital 6 a (new)

(6 a) There are approximately 46 million women and girls with disabilities in the EU, comprising about 16% of its total female population and representing 60% of the overall population of persons with disabilities; whereas therefore a gender-sensitive approach has to be applied when establishing a European Disability Card, in order to ensure the full development, advancement and empowerment of women, and girls and their enjoyment of fundamental human rights and freedoms.

Amendment 53 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Recital 6 a (new)

(6 a) Article 6 recognises that women and girls with disabilities are subject to multiple discrimination, and State Parties are bound to ensure the full development, advancement and empowerment of women, as well as their full and equal enjoyment of human rights and fundamental freedoms.

Amendment 54 #

Proposal for a directive
Recital 6 b (new)

(6 b) It is imperative to recognize that the responsibility to uphold human and equal rights for all people lies mainly with state actors. All EU Member States are bound by the UNCRPD by its ratification, however there are significant differences between the countries’ implementation.39b There is a need to progress on equality for persons with disabilities in all countries, for example through investments in infrastruture, capacity buidiling and awareness raising campaigns. Here private actors can and should play a role too, as they have a duty to respect human rights and equality. _________________ 39b Implementing the UN Convention on the Rights of Persons with Disabilities, https://fra.europa.eu/sites/default/files/fra _uploads/fra-2023-uncrpd-human-rights- indicators_en.pdf

Amendment 55 #

Proposal for a directive
Recital 6 b (new)

(6 b) It is necessary to acknowledge that women and girls with disabilities suffer from double discrimination due to the intersection of gender and disability, and may often even be exposed to multiple other forms of discrimination.

Amendment 56 #

Proposal for a directive
Recital 6 c (new)

(6 c) It is necessary to acknowledge that women and girls with disabilities are more likely to experience violence and abuse, including sexual abuse, and have heightened vulnerability on account of their sex, age and disability.

Amendment 57 #

Proposal for a directive
Recital 6 d (new)

(6 d) Figures clearly show that carers of disabled people are in their vast majority women and that therefore a gender approach has to be applied also when considering the carers side.

Amendment 58 #

Proposal for a directive
Recital 7

(7) The European Pillar of Social Rights, proclaimed by the European Parliament, the Council and the European Commission at Gothenburg on 17 November 201740 provides that everyone, inter alia regardless of disability, has the right to equal treatment and opportunities regarding~~, among others~~ employment, social protection, education, access to goods and services available to the public (principle 3).; and that equality of treatment and opportunities between women and men must be ensured and fostered in all areas (principle 2) In addition, the European Pillar of Social Rights recognises that persons with disabilities have the right to services that enable them to participate in ~~society (principle 17).~~ the labour market and in society, and a work environment adapted to their needs (principle 17). (1) The European Pillar of Social Rights also recognises that everyone has the right to timely access to affordable, preventive and curative healthcare of good quality (principle 16). _________________ 40 Interinstitutional Proclamation on the European Pillar of Social Rights, OJ C 428, 13.12.2017, p. 10.

Amendment 59 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Recital 8 a (new)

(8 a) New point (8) CRPD states in Article 18, dedicated to Liberty of movement and nationality, that States Parties shall recognize the rights of persons with disabilities to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others, including by ensuring that persons with disabilities are not deprived, on the basis of disability, of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement.

Amendment 60 #

Proposal for a directive
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. They may also be subject to further discrimination or stigmatization when Member States take measures to fight fraud or forgery connected to disability certificates, for example by inadvertently accusing them of crimes or blaming the disabled person when in fact the fraud is being committed by other actors. Therefore, the primary focus must always be the best interest of the disabled person and the impact of measures of persons with disabilities should also be seriously taken into account.

Amendment 61 #

Proposal for a directive
Recital 10

Amendment 62 #

Proposal for a directive
Recital 10 a (new)

(10 a) Women with disabilities often face intersectional forms of discrimination which impacts all spheres of their life including their mobility experiences, and thus EU legislation need to integrate an intersectional approach in order to properly address exclusion and discrimination from a comprehensive, systemic and structural perspective;

Amendment 63 #

Proposal for a directive
Recital 10 b (new)

(10 b) The directive should also take into account that women with disabilities are 10 times more likely to experience physical or sexual assault than women without disabilities and therefore information on the access to specialized support services should be made available for those women with disabilities having suffered any form of gender based violence;

Amendment 64 #

Proposal for a directive
Recital 11

(11) Persons with disabilities moving for longer periods to other Member States for employment, study or other purposes, except where otherwise provided by law or agreed among Member States, may have their disability status assessed and formally recognised by the competent authorities in the other Member State and may receive a disability certificate, a disability card or any other formal document recognising their disability status in accordance with applicable rules of that Member State. Nevertheless, persons with disabilities staying for a fixed period of time that is longer than the considered short period of time in the context of a mobility programme, should not need to have their disability status assessed in the new member state. Those could be mobility projects for VET, school pupils, adult education, youth exchanges, youth workers, youth participation activities, Discover EU Inclusion action, projects for higher education students and staff, partnerships for cooperation.

Amendment 65 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Recital 11 a (new)

(11 a) 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 66 #

Proposal for a directive
Recital 13 a (new)

(13 a) This impediment on fundamental rights of free movement is exacerbated for women and girls with disabilities who are confronted with intersectional discrimination in all areas of life such as socio-economic disadvantages, social isolation, increased risk of violence against women, forced sterilisation and abortion, lack of access to community services, low-quality housing, institutionalisation, inadequate healthcare and denial of the opportunity to contribute and engage actively in society. Women and girls with disabilities may also be forbidden by their relatives or people in their vicinity to have relationships and be forced to live in continence. Overall, the situation for women and girls with disabilities is worse than those of men and boys with disabilities, and the difference is particularly true in rural areas where access to services and opportunities in general is much more limited compared to urban areas.

Amendment 67 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Recital 13 b (new)

(13 b) Data from the European Institute for Gender Equality shows that in the EU, 20 % of women with disabilities are in full-time employment, comparing to 29% of men with disabilities and 48% of women without disabilities. 22% of women with disabilities are at risk of poverty, comparing to 20% of men with disabilities and 16% of women without disabilities. 17% of women with disabilities graduate tertiary education, comparing to 18% of men with disabilities and 32% of women without disabilities. 11% of women with disabilities have unmet needs for medical examination, comparing to 10% men with disabilities and 3% women without disabilities.47a _________________ 47a Intersecting inequalities in the European Union in the 2023 Gender Equality Index https://eige.europa.eu/gender-equality- index/2022/domain/intersecting- inequalities/disability/work

Amendment 68 #

Proposal for a directive
Recital 15

(15) Alongside ~~physical and other~~visible and invisible barriers in accessing both public and private spaces, high expenses are a key factor discouraging many persons with disabilities 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 disabilities49 . The lack of recognition of disability 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. Similarly, lack of knowledge about physical, psychosocial, cognitive and sensory accessibility is a breeding ground for discriminatory behaviour. _________________ 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 69 #

Proposal for a directive
Recital 15

(15) Alongside physical and other barriers in accessing both public and private spaces, and services, high expenses are a key factor discouraging many persons with disabilities 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 disabilities49 . The lack of recognition of disability 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 70 #

Proposal for a directive
Recital 16

(16) Preferential treatment (such as personal assistance, priority access, etc.) offered with or without remuneration may be important for persons with disabilities to be able to access various services, activities or facilities and to ~~better experienc~~fully utilize them. However, due to the lack of recognition, in the Member State they visit or travel to, of their disability status and of formal documents recognising this status issued in other Member States, persons with disabilities 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 or any other formal document recognising their disability status issued there.

Amendment 71 #

Proposal for a directive
Recital 18

(18) On the basis of their disability status, recognised and issued in accordance with national law and practice, 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.

Amendment 72 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Recital 19

Amendment 73 #

Proposal for a directive
Recital 22 a (new)

(22 a) In order to increase the number of service providers who offer preferential treatment for persons with disabilities, Member States should support and encourage private operators and public authorities through different information measures that ensure positive nudging. These measures could include for example, listing the service providers who already offer preferential treatment as well as publicizing information about requirements of persons with disabilities concerning communication or management of equipment.

Amendment 74 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
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.

Amendment 75 #

Proposal for a directive
Recital 23

(23) Beside parking conditions and facilities, the services, activities and facilities covered by this Directive concern 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~~.

Amendment 76 #

Proposal for a directive
Recital 24

(24) Examples of special conditions or preferential treatment include, among others, 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.

Amendment 77 #

Proposal for a directive
Recital 24 a (new)

(24 a) Women and girls with disabilities are at an increased risk of violence and abuse. The special conditions and preferential treatment covered by this directive shall include all measures and services aimed at supporting, protecting and assisting women and girls with disabilities, including access to specialised support, legal assistance and healthcare.

Amendment 78 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Recital 24 b (new)

(24 b) 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, assisting or travelling to care for persons with disabilities (or reduced mobility) may travel free of charge or be seated, where practicable next to the person with disabilities. It is imperative to take into account that women bear a disproportionate responsibility for the unpaid and paid care for disabled people, including female family members.

Amendment 79 #

Proposal for a directive
Recital 25

(25) The issuance of the European Disability Card and the European Parking Card for persons with disabilities 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. Experience shows that even when presenting a European Disability Card or similar proof of disability, the person is not always offered the most accurate support for their disability due to inter alia misunderstandings or miscommunication. Member States should therefore provide the option to persons with disabilities when applying for the card to the relevant authorities, to display their requirements through disability access symbols. This could be done directly on the card or digitally through a QR code and can thus facilitate the communication of their condition and/or requirements.

Amendment 80 #

Proposal for a directive
Recital 28

(28) The Member State responsible for issuing the European Disability Card or the European Parking Card for persons with disabilities 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 status. Holders of a European Disability Card or European Parking Card for persons with disabilities should be able to use the cards during their stay in any other Member State. The EU Member States shall guarantee, that the access to the services to get such a cards are inclusive and accessible for people with disabilities – for example the format of respective websites or digital services of EU Member States as well as physical offices. _________________ 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 81 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Recital 29 a (new)

(29 a) 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 82 #

Proposal for a directive
Recital 31

(31) In order to raise awareness and facilitate access to specialfic conditions ~~or preferential treatmen~~and/or tailored support, 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 for persons with disabilities including in national sign languages, augmentative and alternative communication (AAC) as well as easy to read format 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 83 #

Proposal for a directive
Recital 31

Amendment 84 #

Proposal for a directive
Recital 36

(36) Member States should take appropriate measures and provide for effective, proportionate and dissuasive penalties in the event of breaches or failure to comply with the obligations laid down in this Directive and that relates to the rights which are within its scope. Such penalties can include administrative and financial sanctions, such as fines or the payment of compensation, as well as other types of penalties in line with national law.

Amendment 85 #

Proposal for a directive
Recital 38 a (new)

(38 a) The European Commission and EU Member States shall ensure that gender disaggregated data is collected to elaborate a gender impact assessment of the Directive and guarantee a gender- mainstreamed revision of this Directive in the future.

Amendment 86 #

Proposal for a directive
Recital 38 b (new)

(38 b) Member States shall take appropriate action with reference to make the services fully accessible to persons with functional illiteracy, where women are proportionally higher affected.

Amendment 87 #

Proposal for a directive
Article 1 – paragraph 1 – point a a (new)

(a a) (a) The conditions necessary to promote equality for persons with disabilities and to contribute to their free movement within the EU, without obstacles to free movement and with the individual supports that each person needs, projecting the EU's basic foundation, free mobility, to all persons with disabilities, who so far face severe disadvantages in this domain.

Amendment 88 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
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 where provided, for person(s) accompanying or assisting them including their personal assistant(s), as regards access to the following services, activities and facilities:

Amendment 89 #

Proposal for a directive
Article 2 – paragraph 1 – introductory part

1. This Directive shall apply to parking conditions and facilities and to all situations where specialfic conditions ~~or preferential treatmen~~and/or tailored support are offered by private operators or public authorities to persons with disabilities as regards access to the following services, activities and facilities:

Amendment 90 #

Proposal for a directive
Article 2 – paragraph 1 – indent 1 a (new)

– - public services, including education and healthcare;

Amendment 91 #

Proposal for a directive
Article 2 – paragraph 1 – indent 1 b (new)

– - specialised assistance and support to women and girls with disabilities victims of violence;

Amendment 92 #

Proposal for a directive
Article 2 – paragraph 1 – indent 3 a (new)

– (-)–– Protection services in humanitarian emergencies and risk situations.

Amendment 93 #

Proposal for a directive
Article 2 – paragraph 1 – indent 3 b (new)

– (-)–– Justice services, including free legal aid.

Amendment 94 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR

Proposal for a directive
Article 2 – paragraph 1 – indent 3 c (new)

– (-)–– Recognition of the disability vis-à-vis institutions, authorities and policies promoted by all European Union bodies, in particular in EU mobility programmes (such as ERASMUS+ and other similar programmes). In the case of EU mobility programmes, the duration shall be extended to at least one school year.

Amendment 95 #

Proposal for a directive
Article 2 – paragraph 1 a (new)

1 a. For the purpose of paragraph 1, it shall always remain voluntary for the persons with disabilities to use the Disability Card for the listed services and conditions. Under no circumstances shall private or public actors require the EU Disability Card over existing national certificates.

Amendment 96 #

Proposal for a directive
Article 2 – paragraph 1 a (new)

1 a. This Directive shall apply to all persons with disabilities participating in a mobility program within the EU that has a fixed period of time. In that case, the use of the Disability Card and the Parking Card shall be extended for the duration of the programme

Amendment 97 #

Proposal for a directive
Article 2 – paragraph 2 – point c a (new)

(c a) 3. Exceptions to paragraph 2 shall be made by Member States to ensure equal treatment and opportunities between national and other Europeans with disabilities: a) when a European Disability Card holder moves to the Member State with to a work contract or enrolment in an education institution until their disability is re-assessed in the national system, or b) when a European Disability Card holder participates in an EU Mobility Programme.

Amendment 98 #

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 (new)

Amendment 99 #

Proposal for a directive
Article 2 – paragraph 4

source: 756.114

2023/11/23 EMPL 300 amendments...

Amendment 100 #

Proposal for a directive
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 101 #

Proposal for a directive
Recital 12 a (new)

Amendment 102 #

Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Monica SEMEDO, Jordi CAÑAS, Dragoş PÎSLARU, Irena JOVEVA, Sylvie BRUNET, Marie-Pierre VEDRENNE

Proposal for a directive
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 103 #

Proposal for a directive
Recital 13 a (new)

(13 a) Impediments to the fundamental right of free movement is exacerbated for women and girls with disabilities who are confronted with intersectional discrimination in all areas of life, not least in education and employment. For example, 20 % of women with disabilities are in full-time employment, compared to 29% of men with disabilities and 48% of women without disabilities. 22% of women with disabilities are at risk of poverty, compared to 20% of men with disabilities and 16% of women without disabilities. 17% of women with disabilities graduate tertiary education, compared to 18% of men with disabilities and 32% of women without disabilities. 11% of women with disabilities have unmet needs for medical examination, compared to 10% of men with disabilities and 3% of women without disabilities.47a The difference is particularly noticeable in rural areas where access to services and opportunities in general is much more limited compared to urban areas. Therefore the European Disability Card must have a clearer gender equality perspective and contribute to improving the free movement especially for women and girls with disabilities, for example when they move to another Member State for work or study and are reassessed by the new Member State. It is crucial that the vulnerable situation for women and girls with disabilities is not exacerbated further but rather, that they are encouraged to exercise their freedom of movement and protected when they do in order to ensure their free movement and economic independence. _________________ 47a Intersecting inequalities in the European Union in the 2023 Gender Equality Index https://eige.europa.eu/gender-equality- index/2022/domain/intersecting- inequalities/disability/work

Amendment 104 #

Monica SEMEDO, Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Sylvie BRUNET

Proposal for a directive
Recital 13 a (new)

(13 a) Persons with disabilities who also belong to other marginalized groups such as LGBTQI+, racialized groups and ethnic minorities, people from disadvantaged socio-economic background, young people and people from remote geographical areas... often face multiple discrimination therefore it is important that Member States apply an intersectional approach when transposing and implementing this directive.

Amendment 105 #

Proposal for a directive
Recital 13 a (new)

(13 a) The European Union has ratified the Convention on preventing and combating violence against women and domestic violence, the Istanbul Convention.

Amendment 106 #

Proposal for a directive
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 107 #

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
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 108 #

Proposal for a directive
Recital 14 a (new)

(14 a) In view of both demographic changes and the need to increase the mobility of persons with disabilities, Member States should increase measures aimed at improving the accessibility of public spaces and infrastructure and adjusting them to the needs of persons with disabilities.

Amendment 109 #

Jordi CAÑAS, Monica SEMEDO, Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI

Proposal for a directive
Recital 15

(15) Alongside ~~physical and other~~visible and invisible barriers in accessing both public and private spaces, high expenses are a key factor discouraging many persons with disabilities from travel 48 , 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 49 . The lack of recognition of disability 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-MakSimilarly, lack of knowledge about physical, psychosocial, cognitive and sensory accessibility is a breeding Pgro~~cess. 49 McKercher and Darcy (2018), Re- conceptualizing barriers to travel by people with disabilities, Tourism Management Perspectives, 59-66. [More for Explanatory Memorandum?]~~und for discriminatory behaviour.

Amendment 110 #

Proposal for a directive
Recital 15

(15) Alongside ~~physical and other~~various visible and invisible barriers in accessing both public and private spaces, high expenses are a key factor discouraging many persons with disabilities 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 disabilities49 . Furthermore, the widespread lack of knowledge of psychosocial, cognitive, physical or sensorial accessibility policies can pave the way to discriminatory behaviour. The lack of recognition of disability 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 111 #

Proposal for a directive
Recital 15

(15) Alongside ~~physic~~various physical, intellectual and other barriers in accessing both public and private spaces and services, high expenses are a key factor discouraging many persons with disabilities from travel48 12, because they have specific needs resulting in additional expenses related to their disability 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 disabilities49 13. The lack of recognition of disability 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?]personal autonomy.

Amendment 112 #

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
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 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, or making use of assistance animals that must not endanger the life or health of others, making their travel costs higher than for persons without disabilities49 . The lack of recognition of disability 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 113 #

Proposal for a directive
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 114 #

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Recital 15

(15) Alongside physical and other barriers in accessing both public and private spaces as well as services and activities, high expenses are a key factor discouraging many persons with disabilities 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 disabilities49 . The lack of automatic recognition of disability status in other Member States ~~might~~often limits 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 115 #

Proposal for a directive
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 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 disabilities49 . The lack of recognition of disability 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, social and economic integration 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 116 #

Proposal for a directive
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 from travel48 , because they have specific needs due to their disabilities 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 disabilities49 . The lack of recognition of disability 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 #

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
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 118 #

Proposal for a directive
Recital 16

(16) Preferential treatment (such as personal assistance, priority access, etc.) offered with or without remuneration may be important for persons with disabilities to be able to access various services, activities or facilities and to ~~better experience~~derive maximum benefit from them. However, due to the lack of recognition, in the Member State they visit or travel to, of their disability status and of formal documents recognising this status issued in other Member States, persons with disabilities 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 or any other formal document recognising their disability status issued there.

Amendment 119 #

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Recital 16 a (new)

(16 a) To this must be added the enormous lack of knowledge about psychosocial accessibility, which is why no individual and structural measures are taken to eliminate the barriers that hinder or impede it, including attitudinal, administrative and systemic or symbolic barriers, in order to help combat the stigma and prejudices that lead to discrimination, violence, abuse, social exclusion and segregation, which constitute obstacles to the effective exercise of the rights of persons with disabilities and do not favour respect for their autonomy, will and preferences.

Amendment 120 #

Proposal for a directive
Recital 17

(17) The Pilot Project on the EU Disability card launched in 2016 and carried out in eight Member States, demonstrated the advantages for persons with disabilities in accessing services in the areas of culture, leisure, sport, and, in some cases, transport, and supporting their cross- border movement in the EU for a short period as well as the fact that the card’s objectives continue to be relevant to the current needs of persons with disabilities 50 . In addition, it included other examples of services, activities and facilities which offer special conditions or preferential treatment to persons with disabilities. _________________ 50 See also the Final Report of the Study assessing the implementation of the pilot action on the EU Disability Card and associated benefits, published in May 2021, https://op.europa.eu/en/publication- detail/-/publication/4adbe538-0a02-11ec- b5d3-01aa75ed71a1/language-en.

Amendment 121 #

Proposal for a directive
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 122 #

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
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 123 #

Proposal for a directive
Recital 18

(18) On the basis of their disability status in accordance with national law and practice, 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.

Amendment 124 #

Proposal for a directive
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 to parking conditions provided and facilities reserved for persons with disabilities 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 . Access to services should be instantaneous without requiring a new application in case of moving to and othe ~~Slovak Republic OJ L 63/43,7.3.2008~~r country.

Amendment 125 #

Proposal for a directive
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

(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

(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 128 #

Proposal for a directive
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 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 or, where applicable, person(s) accompanying or assisting them including personal assistant(s), 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 129 #

Proposal for a directive
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

(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 131 #

Proposal for a directive
Recital 23

Amendment 132 #

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Recital 23

Amendment 133 #

Proposal for a directive
Recital 23

(23) Beside parking conditions and facilities, the services, activities and facilities covered by this Directive concern 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~~.

Amendment 134 #

Proposal for a directive
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 (particularly guide dogs or assistance dogs for persons with visual disabilities), 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 (particularly guide dogs or assistance dogs for persons with visual disabilities), 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 or their legal guardian(s) and can change on an ad hoc basis provided there is explicit consent by the persons with disabilities or their legal guardian(s) depending on their needs.

Amendment 135 #

Proposal for a directive
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. With regard to the adoption of effective measures to ensure mobility, it is necessary to consider accessibility for people with disabilities in the different means of public transport (train, plane, etc.) and who need to use their own wheelchair due to the specialisation required to guarantee their safety.

Amendment 136 #

Proposal for a directive
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 #

Jordi CAÑAS, Monica SEMEDO, Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI

Proposal for a directive
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 138 #

Proposal for a directive
Recital 24 a (new)

(24 a) Personal assistants assist the person with disabilities or carry out activities of daily living if need be in the framework of a contractual relationship, and they do so with the objective of encouraging personal autonomy, facilitating community life and promoting independent living

Amendment 139 #

Proposal for a directive
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 140 #

Proposal for a directive
Recital 25

(25) The issuance, renewal and withdrawal of the European Disability Card and the European Parking Card for persons with disabilities in a Member State is to be determined by this Directive together with that Member State’s applicable rules, procedures and competences for the assessment and recognition of disability status and parking rights for persons with disabilities.

Amendment 141 #

Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI, Jordi CAÑAS, Monica SEMEDO, Dragoş PÎSLARU, Irena JOVEVA, Max ORVILLE, Sylvie BRUNET, Marie-Pierre VEDRENNE

Proposal for a directive
Recital 25 a (new)

(25 a) Experience shows that when presenting a European Disability Card or similar national recgnition of disability, due to a lack of awareness, misunderstandings or communication barriers persons with disabilities, particularly those with invisible disabilities, do not always receive the most relevant support and accomodation for their disability. Member States should therefore provide the option to persons with disabilities, when applying for the card to the relevant authorities, to choose to display relevant symbol(s) on the card in order to indicate their assistance requirements.

Amendment 142 #

Proposal for a directive
Recital 25 a (new)

(25 a) The issuance and renewal of the European Disability Card and the European Parking Card for persons with disabilities should always be and remain free of charge.

Amendment 143 #

Proposal for a directive
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 The Pilot Project on the EU Disability card as well as of past and ongoing work at European level on digitalisation of certificates and documents, such as the EU Digital COVID Certificate set up under Regulation (EU) 2021/953 and enable the use of the European Disability Card and the European Parking Card via EU Digital Identity Wallets52 . Persons with disabilities should be duly informed about these possibilities and be given the option to use either the digital or physical one, or both. _________________ 52 COM(2021) 281final

Amendment 144 #

Proposal for a directive
Recital 26

(26) In addition to the physical format, Member States should provide for a digital card when format and specifications have been set via delegated and implementing acts, after proposal by the Commission. Such proposal should build on the experience of past and ongoing work at European level on digitalisation of certificates and documents, such as the EU Digital COVID Certificate set up under Regulation (EU) 2021/953 and enable the use of the European Disability Card and the European Parking Card via EU Digital Identity Wallets52 . Persons with disabilities should be ~~given the option~~free to decide to use either the digital or physical one, or both. on an equal basis and without discrimination. _________________ 52 COM(2021) 281final

Amendment 145 #

Proposal for a directive
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 146 #

Proposal for a directive
Recital 26 a (new)

(26 a) In order to strengthen the utility and impact of the European Parking Card for persons with disabilities, the Commission should establish a publicly available Union database, based on information provided and regularly updated by the Member States, in order to inform persons with disabilities of the different parking conditions and facilities offered for persons with disabilities in each Member State and its regions, cities, and municipalities. This Union database should be available in a public and fully accessible Union website dedicated to the European Disability Card and the European Parking Card for persons with disabilities.

Amendment 147 #

Proposal for a directive
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 148 #

Proposal for a directive
Recital 28

Amendment 149 #

Proposal for a directive
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 150 #

Proposal for a directive
Recital 28 a (new)

Amendment 151 #

Proposal for a directive
Recital 29

(29) In order to guarantee that workers and participants of EU mobility programmes with disabilities 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, to the holders of national certificates, disability cards or other formal documents recognising disability status, the European Disability Card and the European Parking Card for persons with disabilities should also be available to workers and participants of EU mobility programmes who travel to or visit another Member State for work-related or educational purposes.

Amendment 152 #

Proposal for a directive
Recital 29

(29) In order to guarantee that workers with disabilities 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 Card and the European Parking Card for persons with disabilities should also be available to workers with disabilities who travel to or visit another Member State for work-related purposes in addition to study-related purposes when the duration of the stay does not exceed three months as foreseen in the Directive 2004/38/EC .

Amendment 153 #

Proposal for a directive
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 154 #

João ALBUQUERQUE, Daniela RONDINELLI, Marc ANGEL, Milan BRGLEZ, Agnes JONGERIUS, Aurore LALUCQ, Elisabetta GUALMINI, Klára DOBREV, Vilija BLINKEVIČIŪTĖ, Alex AGIUS SALIBA, Brando BENIFEI, Ilan DE BASSO, Alicia HOMS GINEL, Carina OHLSSON, Estrella DURÁ FERRANDIS

Proposal for a directive
Recital 29

(29) In order to guarantee that workers with disabilities 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 Card and the European Parking Card for persons with disabilities ~~should also be available to workers who travel to or visit another Member State for work-related purpos~~also applies to mobile workers, including frontier and cross-border workers with disabilities.

Amendment 155 #

Proposal for a directive
Recital 30

(30) The envisaged framework for mutual recognition of the European Disability Card and the European Parking Card for persons with disabilities does not impinge on the competences of a Member State to assess and recognise the disability status and to grant special conditions, such as free access, reduced tariffs or preferential treatment for persons with disabilities 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 Council~~56 . _________________ 56 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens~~20. Social security benefits, social protection and social assistance should be covered in certain time-limited instances, either when moving to another Member State for work or study or while being part of ~~the~~any 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. 77or national initiatives and/or any mobility programmes, to allow for the temporary continued recognition of the disability status while the persons with disabilities are undergoing the reassessment process to have their disability status recognised by another Member State.

Amendment 156 #

Proposal for a directive
Recital 30

(30) The envisaged framework for mutual recognition of the European Disability Card and the European Parking Card for persons with disabilities does not impinge on the competences of a Member State to assess and recognise the disability status and to grant special conditions, such as free access, reduced tariffs or preferential treatment for persons with disabilities and/or person(s) accompanying or assisting them including personal assistant(s). Nevertheless, in light of this Directive, Member States should improve national disability assessment and recognition frameworks, to ensure that all beneficiaries with a disability are eligible for the European Disability Card. 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 157 #

Ádám KÓSA, Stelios KYMPOUROPOULOS, Lucia ĎURIŠ NICHOLSONOVÁ

Proposal for a directive
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 158 #

Proposal for a directive
Recital 31

Amendment 159 #

Proposal for a directive
Recital 31

(31) In order to raise awareness and facilitate access to special conditions or preferential treatment for persons with disabilities, 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 by Member States in a clear, comprehensive, user-friendly manner and accessible formats for persons with disabilities, accessible formats, for persons with disabilities including in digital formats, national sign languages and easy-to-read, and upon request in assistive formats requested by 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 160 #

Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI, Jordi CAÑAS, Monica SEMEDO, Atidzhe ALIEVA-VELI, Dragoş PÎSLARU, Irena JOVEVA, Max ORVILLE, Sylvie BRUNET, Marie-Pierre VEDRENNE

Proposal for a directive
Recital 31

(31) In order to raise awareness and facilitate access to special conditions or preferential treatment for persons with disabilities, 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 by Member States in a clear, comprehensive, user-friendly manner and accessible formats for persons with disabilities , including in digital formats, national sign languages and easy to read format, and upon request in assistive formats requested by 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 161 #

Proposal for a directive
Recital 31

Amendment 162 #

Proposal for a directive
Recital 31

Amendment 163 #

Proposal for a directive
Recital 31

Amendment 164 #

Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI, Jordi CAÑAS, Monica SEMEDO, Atidzhe ALIEVA-VELI, Dragoş PÎSLARU, Irena JOVEVA, Max ORVILLE, Sylvie BRUNET, Marie-Pierre VEDRENNE

Proposal for a directive
Recital 31 a (new)

(31 a) In order to increase the number of service providers who offer special conditions or preferential treatment for persons with disabilities, Member States should support and encourage private operators and public authorities through relevant measures including through providing information and exchanges of best practice on the different types of special conditions or preferential treatment which could be offered as well as the provision of training on disability mainstreaming and disability awareness to ensure the special conditions or preferential treatment offered is done so in an inclusive and accessible way. For example such training could address the accessibility issues faced by persons with disabilities, requirements of persons with different disabilities concerning communication, respectful and safe management of equipment, use of assistive augmentative communication (AAC) and how to provide and publicise any offer of special conditions or preferential treatments in an accessibly visible way. Member States should ensure all such measures are carried out in partnership with persons with disabilities and their representative organisation to ensure they are inclusive and effectives.

Amendment 165 #

Proposal for a directive
Recital 31 a (new)

(31 a) Member States should ensure that private operators or public authorities make information on any special conditions or preferential treatment publicly available in a clear, comprehensive, user-friendly and easily accessible way and in accessible formats. The Commission should establish a single dedicated website, available in all official languages, collating the special conditions or preferential treatment offered by their public authorities. Member States should facilitate information concerning the special conditions or preferential treatment offered by private operators on the website where available and to update this information regularly according to any national legislation changes.

Amendment 166 #

Proposal for a directive
Recital 31 a (new)

(31 a) In order to strengthen the proposal on the European Parking Card and to make tangible improvements for persons with disabilities and person(s) accompanying or assisting them including personal assistant(s), a new database shall be set up to inform persons with disabilities or person(s) accompanying or assisting them including personal assistant(s) of the different parking rights and rules concerning disabled parking spaces in the different Member States and its regions, cities, and municipalities.

Amendment 167 #

Proposal for a directive
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 168 #

Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI, Jordi CAÑAS, Monica SEMEDO, Dragoş PÎSLARU, Irena JOVEVA, Max ORVILLE, Sylvie BRUNET, Marie-Pierre VEDRENNE

Proposal for a directive
Recital 32

(32) Member States should take all the necessary steps to avoid any risk of forgery or fraud when issuing the European Disability Card or the European Parking Card for persons with disabilities and should actively combat fraudulent use and forgery of these cards. Member States should ensure that any measures taken to combat forgery or fraud ensure due regard and consideration to the rights of persons with disabilities and should not result in any interference with their legitimate interests in using either card or lead in any way to their stigmatisation. Member States should assess the impact of any measures on persons with disabilities and consult them and their representative organisations in the measures’ design and implementation.

Amendment 169 #

Proposal for a directive
Recital 32

Amendment 170 #

Proposal for a directive
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 171 #

Proposal for a directive
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. The digital format is to be developed in the form of a certified attribute and integrated within national digital wallet projects aimed at flowing into the EUDI Wallet project.

Amendment 172 #

Proposal for a directive
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 173 #

Proposal for a directive
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 – consistent with the design of the EUDI Wallet - further specifying the respective formats of the European Disability Card and the European Parking Card for persons with disabilities, 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 174 #

Proposal for a directive
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 175 #

Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI, Jordi CAÑAS, Monica SEMEDO, Dragoş PÎSLARU, Irena JOVEVA, Max ORVILLE, Sylvie BRUNET, Marie-Pierre VEDRENNE

Proposal for a directive
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, person(s) accompanying or assisting them including personal assistant(s), as well as public bodies such as equality bodies or private associations, organisations in particular representative organisations of persons with disabilities or other legal entities which have a legitimate interest may take action on behalf of a person with disabilities under national law. Persons with disabilities should further have a right to redress, including adequate compensation, in case of infringements of their rights arising from this Directive. Member States should ensure these provisions comply with the principle of reasonable accommodation for persons with disabilities in their design and implementation in line with the UNCRPD.

Amendment 176 #

Proposal for a directive
Recital 35

Amendment 177 #

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Recital 35

Amendment 178 #

Proposal for a directive
Recital 36

Amendment 179 #

Proposal for a directive
Recital 36 a (new)

(36 a) Member States should strive to curtail fraudulently obtained disability benefits to uphold mutual trust in national social protection arrangements across the Union, as the mutual recognition of disability entitlements is the cornerstone of the proper functioning of the European Disability Card. Instances of systemic fraud and corruption relating to disability benefits severely undermine such trust, have a detrimental effect on the ability to secure Union-wide social protection, and risk undermining the rights of those genuinely deserving of disability benefits.

Amendment 180 #

Proposal for a directive
Recital 36 a (new)

(36 a) With regard to the adoption of effective measures to ensure mobility, it is necessary to consider accessibility for persons with disabilities in the different means of public transport (train, plane, etc.) and who need to use their own wheelchair due to the specialisation required to guarantee their safety.

Amendment 181 #

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
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 182 #

Proposal for a directive
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 to benefit from measures designed to ensure their independence, social, economic 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

(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 184 #

Proposal for a directive
Recital 38 a (new)

(38 a) An exemption shall be added to Art. 2.2 to allow for temporary recognition of disability status for participants of EU Mobility Programmes such as ERASMUS+.

Amendment 185 #

Proposal for a directive
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 as proof respectively of a disability status or of a right to parking conditions and facilities reserved for persons with disabilities or, where applicable, person(s) accompanying or assisting them including their personal assistant(s), in view of facilitating visits and short stays of persons with disabilities in a Member State other than that of which they are a residents, 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 or, where applicable, person(s) accompanying or assisting them including their personal assistant(s);

Amendment 186 #

Jordi CAÑAS, Monica SEMEDO, Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI

Proposal for a directive
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 187 #

Proposal for a directive
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 as proof respectively of a disability status or of a right to parking conditions and facilities reserved for persons with disabilities, in view of promoting equal rights and freedom of movement for persons with disabilities and 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 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 188 #

Proposal for a directive
Article 1 – paragraph 1 – point a

(a) the rules governing the issuance and the effectiveness 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, 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 with respect to services, activities or facilities, including when provided not for remuneration, access to limited traffic zones 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 189 #

Proposal for a directive
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 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 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 190 #

Proposal for a directive
Article 1 – paragraph 1 – point a a (new)

Amendment 191 #

Proposal for a directive
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

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 193 #

Proposal for a directive
Article 2 – paragraph 1 – indent 1 a (new)

– EU Mobility Programmes

Amendment 194 #

Proposal for a directive
Article 2 – paragraph 1 – indent 1 b (new)

– Limited Traffic Zones

Amendment 195 #

Proposal for a directive
Article 2 – paragraph 1 – indent 2 a (new)

– education, youth exchanges and socio-educational exchanges within the meaning of Article 165 TFEU,

Amendment 196 #

Proposal for a directive
Article 2 – paragraph 1 – indent 3

– other activities and facilities, , including where not provided for remuneration, including hospitals, care institutions and emergency services.

Amendment 197 #

Proposal for a directive
Article 2 – paragraph 1 – indent 3 a (new)

– Information and counselling services for women with disabilities, with special attention to women and girls who are victims of violence and abuse.

Amendment 198 #

Proposal for a directive
Article 2 – paragraph 1 – indent 3 b (new)

– Protection services in humanitarian emergencies and risk situations.

Amendment 199 #

Proposal for a directive
Article 2 – paragraph 1 – indent 3 c (new)

– Justice services, including free legal aid.

Amendment 200 #

Proposal for a directive
Article 2 – paragraph 1 – indent 3 d (new)

Amendment 201 #

Proposal for a directive
Article 2 – paragraph 1 a (new)

1 a. Exceptions to paragraph 2 shall be made by Member States to ensure equal treatment and opportunities between national and other Europeans with disabilities: a) when a European Disability Card holder moves to the Member State with to a work contract or enrolment in an education institution until their disability is re-assessed in the national system, or b) when a European Disability Card holder participates in an EU Mobility Programme. Unless the Member State that issued the card maintains its benefits during that period.

Amendment 202 #

Proposal for a directive
Article 2 – paragraph 1 a (new)

Amendment 203 #

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 (new)

Amendment 204 #

Proposal for a directive
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 with to a work contract or enrolment in an education institution until their disability is re-assessed in the national system, or b) when a European Disability Card holder participates in an EU Mobility Programme.

Amendment 205 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

2 a. Paragraph 2 shall not apply in the following time-limited and momentary situations in order to ensure equal treatment and equal access between national and other Union citizens with disabilities: a) where European Disability Card holders move to another Member State to engage in an employment contract or enrol in an educational institution until such time as their disability status is re- assessed and formally recognised by the competent authorities in the other Member State or b) where a European Disability Card holder participates in any Union initiative and/or any mobility programme.

Amendment 206 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

2 a. Without prejudice to the Article 2.2, temporary recognition of disability status shall be exceptionally allowed for the transitional period of time while: a) the person with disabilities is in the process of recognition of disability status after moving to the Member State different from the Member State of his/her residence for work-related or educational purposes; b) the person with disabilities participates at the EU mobility programme in a Member State different from the Member State of his/her residence.

Amendment 207 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

Amendment 208 #

Proposal for a directive
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 209 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

Amendment 210 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

2 a. In case of a negative result of reassessment, Member State may choose to recover the costs associated with the provision of the benefits in the area of social security from the beneficiary.

Amendment 211 #

Proposal for a directive
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 212 #

Proposal for a directive
Article 2 – paragraph 3

3. This Directive does not affect Member States’ competence to determine the conditions for assessing and recognising disability status, or for granting the right to parking conditions, access to limited traffic zones and facilities reserved for persons with disabilities. It does not affect Member States’ competence to issue in addition at national, regional or local level, a certificate, a disability card or any other formal document for persons with disabilities.

Amendment 213 #

Jordi CAÑAS, Monica SEMEDO, Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 2 – paragraph 4

Amendment 214 #

Proposal for a directive
Article 2 – paragraph 4

Amendment 215 #

Proposal for a directive
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 216 #

Jordi CAÑAS, Monica SEMEDO, Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 2 – paragraph 5

Amendment 217 #

Proposal for a directive
Article 2 – paragraph 5

5. This Directive shall be without prejudice to the rights that persons with disabilities or, person(s) accompanying or assisting them, including their personal assistant(s), or guide dogs and assistance animals 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 218 #

Proposal for a directive
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 219 #

Proposal for a directive
Article 3 – paragraph 1 – point a a (new)

(a a) Discrimination on the basis of disability" means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation.

Amendment 220 #

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
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 221 #

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) “persons with disabilities” means persons who in line with national law and practice 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;

Amendment 222 #

Proposal for a directive
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 223 #

Proposal for a directive
Article 3 – paragraph 1 – point d

Amendment 224 #

Proposal for a directive
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 225 #

Proposal for a directive
Article 3 – paragraph 1 – point e

Amendment 226 #

Proposal for a directive
Article 3 – paragraph 1 – point e

(e) “special conditions or preferential treatment” means any specific conditions, including those related to financial conditions, or any differentiated treatment related to assistance and support such as free access, reduced tariffs, priority access, offered to persons with disabilities and/or, when applicable, to person(s) accompanying or assisting them including personal assistant(s) or assistance animals, such as guide dogs or assistance dogs, recognised in accordance with the national legislation or practices as such, irrespective of whether provided on a voluntary basis or imposed by legal obligations;

Amendment 227 #

Proposal for a directive
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/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~~national practices of the host Member State as such, irrespective whether provided on a voluntary basis or imposed by legal obligations;

Amendment 228 #

Jordi CAÑAS, Monica SEMEDO, Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI

Proposal for a directive
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 229 #

Proposal for a directive
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/or, when applicable, to person(s) accompanying or assisting them including personal assistant(s), guide dogs 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 230 #

Proposal for a directive
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/or, when applicable, to person(s) accompanying or assisting them including personal assistant(s) or assistance ~~animal~~dogs or guide dogs recognised in accordance with the national legislation or practices as such, irrespective whether provided on a voluntary basis or imposed by legal obligations;

Amendment 231 #

Monica SEMEDO, Abir AL-SAHLANI, Sylvie BRUNET

Proposal for a directive
Article 3 – paragraph 1 – point f

(f) “parking conditions and facilities” means any parking space reserved for persons with disabilities or, where applicable, person(s) accompanying or assisting them including their personal assistant(s) in general as well as associated parking benefits for, or preferential conditions afforded to, persons with disabilities, 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 232 #

Proposal for a directive
Article 3 – paragraph 1 – point f

(f) “parking conditions and facilities” means any parking space reserved for persons with disabilities or person(s) accompanying or assisting them including their personal assistant(s) in general as well as associated parking benefits for, or preferential conditions afforded to, persons with disabilities, 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 233 #

Proposal for a directive
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 234 #

Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI, Jordi CAÑAS, Monica SEMEDO, Dragoş PÎSLARU, Irena JOVEVA, Max ORVILLE, Sylvie BRUNET, Marie-Pierre VEDRENNE

Proposal for a directive
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, fundamental freedoms and the rights provided under this Directive;

Amendment 235 #

Proposal for a directive
Article 3 – paragraph 1 – point f a (new)

Amendment 236 #

Proposal for a directive
Article 3 – paragraph 1 – point f a (new)

(f a) “Reasonable accomodation” 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 freedom.

Amendment 237 #

Proposal for a directive
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 238 #

Proposal for a directive
Article 3 – paragraph 1 – point f b (new)

(f b) “EU mobility programme” means any programme that has a fixed period of time, and that is temporary, that takes place in another Member State that the state or residence, in the field of education, training, or for work related purposes.

Amendment 239 #

Proposal for a directive
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 240 #

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
Article 4 – paragraph 1 – point a

(a) Union citizens and family members of Union citizens as well as, where applicable according to national rules, 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 241 #

Proposal for a directive
Article 4 – paragraph 1 – point a

Amendment 242 #

Proposal for a directive
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 243 #

Proposal for a directive
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 244 #

Proposal for a directive
Article 4 – paragraph 1 – point a

Amendment 245 #

Proposal for a directive
Article 4 – paragraph 1 – point a

Amendment 246 #

Proposal for a directive
Article 4 – paragraph 1 – point a

(a) Union citizens and family members of Union citizens whose disability status is recognised by the competent authorities in the Member State of their residence, regardless of the disability's severity, 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 247 #

Proposal for a directive
Article 4 – paragraph 1 – point a

Amendment 248 #

Proposal for a directive
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 249 #

Proposal for a directive
Article 4 – paragraph 1 – point b

(b) Union citizens and family members of Union citizens as well as, where applicable according to national rules, 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 250 #

Proposal for a directive
Article 4 – paragraph 1 – point b

Amendment 251 #

Proposal for a directive
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 252 #

Proposal for a directive
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 253 #

Proposal for a directive
Article 4 – paragraph 1 – point b a (new)

Amendment 254 #

Proposal for a directive
Article 4 – paragraph 1 – point b b (new)

(b b) Persons with disabilities in a situation of international protection in an EU Member State.

Amendment 255 #

Proposal for a directive
Article 4 – paragraph 1 – point b c (new)

(b c) Citizens of the Union who have a medical certificate of diagnosis of autism spectrum disorder issued or validated by the health services supported by public funds.

Amendment 256 #

Proposal for a directive
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 257 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the necessary measures to ensure that , subject to verification of the validity of the European Disability Card only, the holders of the same holders of a European Disability Card, while travelling to or visiting 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 who are holders of a disability certificate, disability 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 258 #

Proposal for a directive
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 259 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the necessary measures to ensure that holders of a European Disability Card, while travelling to or visiting 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 who are holders of a disability certificate, disability 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) and 2(2a).

Amendment 260 #

Proposal for a directive
Article 5 – paragraph 1 a (new)

Amendment 261 #

Proposal for a directive
Article 5 – paragraph 1 a (new)

1 a. Member States shall take the necessary measures to recognise holders of a European Disability Card as persons protected against discrimination on the grounds of disability, and as such, as persons with the right to have access to the available resources and assistance in cases of rights violations and the absence of real and effective equal treatment.

Amendment 262 #

Proposal for a directive
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 263 #

Jordi CAÑAS, Monica SEMEDO, Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI

Proposal for a directive
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 while travelling to or visiting a Member State other than that of which they are a resident, shall be granted access to ~~parking~~limited traffic zones and to parking and the relevant specific conditions and facilities reserved for persons with disabilities 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 264 #

Proposal for a directive
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 guide dogs or assistance animals of the holder of a European Disability Card;

Amendment 265 #

Proposal for a directive
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 266 #

Proposal for a directive
Article 5 – paragraph 3 – point a

Amendment 267 #

Monica SEMEDO

Proposal for a directive
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~~apply to person(s) accompanying or assisting them, including personal assistant(s) ~~of the holder of the European Parking Card for persons with disabilities.~~

Amendment 268 #

Proposal for a directive
Article 5 – paragraph 3 – point b

(b) when ~~parking conditi~~the conditions concerning the access to limited traffic zones and the use of parking 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.

Amendment 269 #

Proposal for a directive
Article 5 – paragraph 3 – point b

Amendment 270 #

Proposal for a directive
Article 5 – paragraph 3 – point b

Amendment 271 #

Proposal for a directive
Article 5 – paragraph 3 a (new)

3 a. Service providers shall comply with the following obligations and measures: (a) Service providers are obliged to recognise holders of the European Disability Card as persons who are specially protected against discrimination on the grounds of disability by guaranteeing them the right of access throughout the EU to the remedies and mechanisms available to them against infringements of their rights. (b) Service providers shall ensure that they provide services in accordance with the accessibility requirements set out in this Directive. (c) Service providers shall produce the necessary information in accordance with Annex I and explain how their services comply with the applicable accessibility requirements. The information shall be made available to the public in a form that is universally accessible to all persons with disabilities. (d) In the event of non-compliance, service providers shall take the necessary corrective measures to bring the service into compliance with the applicable universal accessibility requirements.

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

Format, mutual recognition, issue and validity of the European Disability and Elderly Card

Amendment 274 #

Proposal for a directive
Article 6 – paragraph 1

1. Each Member State shall introduce the European Disability 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 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 Card in Annex I. On the BACK SIDE of the card, Member States shall insert digital means that allow, in accordance with national regulations, limited within the national territory and for nationals of the country that issued the document only, the display of additional and more specific information related to the disability status of the card holder. This information, which is accessible by a computerized tool upon presentation of the BACK SIDE of the physical card bearing the aforementioned digital feature, must be the same as that shown on the digital format of the European disability card. Member states shall then insert on the BACK SIDE of the card the appropriate digital means to allow, in accordance with national regulations, to verify the validity of the card through digital infrastructure, functioning in all member states, the characteristics of which will be specified later by the Commission.

Amendment 275 #

Proposal for a directive
Article 6 – paragraph 1

1. Each Member State shall introduce the European Disability Card following the common standardised format ~~set out in Annex I~~and the universal accessibility requirements set out in Annex I. Member States shall provide the option to persons with disabilities, when applying for the card to the relevant authorities, to display their required reasonable accommodation via the relevant symbols on the Card. Member States shall introduce digital features in physical cards using electronic means addressing fraud- prevention as part of the European Disability 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 Card in Annex I.

Amendment 276 #

Jordi CAÑAS, Monica SEMEDO, Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI

Proposal for a directive
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 277 #

Proposal for a directive
Article 6 – paragraph 1

1. Each Member State shall introduce the European Disability Card following the common standardised and universally accessible 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 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 Card in Annex I.

Amendment 278 #

Jeroen LENAERS

Proposal for a directive
Article 6 – paragraph 2

2. European Disability Cards issued by Member States shall be mutually recognised in all Member States. Where a holder of a European Disability Card takes up residence in another Member State, that Member States may, unilaterally or based on bilateral agreements, decide to recognise the European Disability Card issued by another Member State, and automatically issue a new European Disability Card in accordance with national procedures, without further investigation. Annex (x) lists the Member States that mutually or unilaterally adopt each other's disability card without further investigation.

Amendment 279 #

Proposal for a directive
Article 6 – paragraph 2

2. European Disability Cards issued by Member States shall be mutually recognised in all Member States. Member States shall take measures necessary to ensure that presentation of the European Disability Card exempts the holder from presentation of other certification attesting the disability status.

Amendment 280 #

Jordi CAÑAS, Monica SEMEDO, Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI

Proposal for a directive
Article 6 – paragraph 2

Amendment 281 #

Proposal for a directive
Article 6 – paragraph 2

2. European Disability Cards issued by Member States shall be issues and renewed for free, be mutually recognised in all Member States and be compatible with national certificates or cards.

Amendment 282 #

Proposal for a directive
Article 6 – paragraph 2

2. European Disability and Elderly Cards issued by Member States shall be mutually recognised in all Member States.

Amendment 283 #

Proposal for a directive
Article 6 – paragraph 2

2. European Disability Cards issued by one Member States shall be mutually recognised in all Member States.

Amendment 284 #

Proposal for a directive
Article 6 – paragraph 3

Amendment 285 #

Proposal for a directive
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 286 #

Proposal for a directive
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 287 #

Proposal for a directive
Article 6 – paragraph 4

4. The European Disability Card shall be issued or renewed by the Member State of residence directly ~~or upon application by the person with disabilities. It shall be issued and renewed within the sam~~where already provided for in the national disability assessment and recognition procedure, or upon application by the person with disabilities. It shall be issued and renewed free of charge for the beneficiary and within a reasonable period from the date of the application which shall not exceed either 60 days or the 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 whichever is shorter.

Amendment 288 #

Proposal for a directive
Article 6 – paragraph 4

4. The European Disability Card shall be issued or renewed by the Member State of residence ~~directly or upon application by the person with disabilities. It shall be issued and renewe~~in compliance with the applicable national legislation and procedures either directly or upon application by the person with disabilities. Persons with disabilities should be duly informed about the possibility to apply for this card if it is not issued directly. 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.

Amendment 289 #

Proposal for a directive
Article 6 – paragraph 4

Amendment 290 #

Proposal for a directive
Article 6 – paragraph 4

Amendment 291 #

Proposal for a directive
Article 6 – paragraph 4

4. The European Disability Card shall be issued or renewed by the Member State of residence ~~directly or~~ upon application by the person with disabilities. It shall be issued and renewed within the same 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. In the event of a change of country of residence, the renewal period may be extended by 6 to 8 months.

Amendment 292 #

Cindy FRANSSEN, David CASA

Proposal for a directive
Article 6 – paragraph 4

4. The European Disability Card shall be issued or renewed by the Member State of residence ~~directly~~ or upon application by the person with disabilities. It shall be issued and renewed within the same 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. In case of a change in the country of residence, the card renewal period may be extended from 6 to 8 months.

Amendment 293 #

Proposal for a directive
Article 6 – paragraph 4

4. The European Disability Card shall be issued or renewed by the Member State of residence directly or upon application by the person with disabilities. It shall be issued and renewed ~~within the same period~~free of charge for the beneficiary and within a reasonable period from the date of the application set in the applicable national legislation for issuing disability certificates, disability cards or any other formal document recognising the disability status of a person with disabilities.

Amendment 294 #

Proposal for a directive
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 295 #

Proposal for a directive
Article 6 – paragraph 4

4. The European Disability Card shall be issued or renewed by the Member State of residence directly or upon application by the person with disabilities or a delegated person, according to national law. It shall be issued and renewed 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.

Amendment 296 #

Proposal for a directive
Article 6 – paragraph 4

4. The European Disability Card shall be issued or renewed by the Member State of residence directly or upon application by the person with disabilities. It shall be issued and renewed and provided free of charge for the beneficiary, 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.

Amendment 297 #

Proposal for a directive
Article 6 – paragraph 4 a (new)

4 a. Member States shall ensure that persons with disabilities, or designated representatives acting on their behalf and with their or their legal guardian(s)´ approval, may appeal a decision by the competent authorities regarding the issuance, renewal or withdrawal of a European Disability Card.

Amendment 298 #

Proposal for a directive
Article 6 – paragraph 4 a (new)

4 a. Member States shall take necessary measures to ensure that EU funding supports the European Disability Card’s production and implementation.

Amendment 299 #

Proposal for a directive
Article 6 – paragraph 4 a (new)

4 a. Member States shall use the back of the card to display information on the kind of assistance that the card holder needs.

Amendment 300 #

Proposal for a directive
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

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 302 #

Proposal for a directive
Article 6 – paragraph 5

Amendment 303 #

Proposal for a directive
Article 6 – paragraph 5 a (new)

5 a. The European Disability Card will be issued (first and subsequent issues) free of charge, at no cost to the person applying for it.

Amendment 304 #

Proposal for a directive
Article 6 – paragraph 6

Amendment 305 #

Proposal for a directive
Article 6 – paragraph 6

Amendment 306 #

Proposal for a directive
Article 6 – paragraph 6

6. The validity of the European Disability Card issued by a Member State shall be at least for the same duration as that of the disability certificate, disability 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 territoryis established by the individual Member State in compliance with current legislation. The cards issued up to the time of transposition of the Directive by the countries participating in the pilot project, in accordance with the applicable requirements and based on Council Recommendation 98/376 remain in force until their natural expiration.

Amendment 307 #

Proposal for a directive
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 308 #

Proposal for a directive
Article 6 – paragraph 6 a (new)

6 a. Holders of the European Disability Card shall be able to access the necessary support for persons with disabilities during the transition period of moving to another country to study or work until their disability has been certified by their new country of residence.

Amendment 309 #

Proposal for a directive
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. The digital format of the European Disability Card is to be developed in the form of a certified attribute and integrated within national digital wallet projects, aimed at flowing into the EUDI Wallet project.

Amendment 310 #

Proposal for a directive
Article 6 – paragraph 7

Amendment 311 #

Proposal for a directive
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 312 #

Proposal for a directive
Article 6 – paragraph 7 – point 1 (new)

(1) Universal accessibility shall be ensured throughout the process related to the format, mutual recognition, issuing and validity of the European Disability Card.

Amendment 313 #

Proposal for a directive
Article 6 – paragraph 7 – point 2 (new)

(2) In the event that the same person with a disability holds both the European Disability Card and the Parking Card, flexible and simple formulas will be established that allow for the same material and/or digital support, in order to avoid unnecessary administrative burdens.

Amendment 314 #

Proposal for a directive
Article 6 – paragraph 7 a (new)

Amendment 315 #

Proposal for a directive
Article 6 – paragraph 7 b (new)

7 b. Member States shall encourage public authorities to upload relevant information in the database.

Amendment 316 #

Proposal for a directive
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

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 318 #

Proposal for a directive
Article 7 – paragraph 1 a (new)

1 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. Member States shall encourage public authorities to upload relevant information in the database.

Amendment 319 #

Proposal for a directive
Article 7 – paragraph 2

2. European Parking Cards for persons with disabilities issued by Member States shall be mutually recognised in all Member States and during the transition period of moving from one country to another to study or to work.

Amendment 320 #

Proposal for a directive
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 321 #

Proposal for a directive
Article 7 – paragraph 2

2. European Parking Cards for persons with disabilities issued by one Member States shall be mutually recognised in all Member States.

Amendment 322 #

Proposal for a directive
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. Such procedures shall be free of charge for the card holder. 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 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 323 #

Proposal for a directive
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 324 #

Proposal for a directive
Article 7 – paragraph 4

Amendment 325 #

Cindy FRANSSEN, David CASA

Proposal for a directive
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 or by a delegated person, according to national law. It shall be issued or renewed within a reasonable period from the date of the application which shall not exceed 60 days. The validity of the Card is equal to the certification of the disability condition, disability cards or any other formal document that recognizes the disability status of a person with a disability.

Amendment 326 #

Proposal for a directive
Article 7 – paragraph 4

4. The European Parking Card for persons with disabilities shall be issued or renewed by the Member State of residence upon application by the person with disabilities. It shall be issued or renewed free of charge for the beneficiary and within a reasonable period from the date of the application which shall not exceed 60 days.

Amendment 327 #

Proposal for a directive
Article 7 – paragraph 4

4. The European Parking Card for persons with disabilities shall be issued or renewed by the Member State of residence upon application by the person with disabilities. It shall be issued or renewed free of charge for the beneficiary and within a reasonable period from the date of the application which shall not exceed 60 days.

Amendment 328 #

Proposal for a directive
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 329 #

Proposal for a directive
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 330 #

Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1 (new)

The words “European Parking Card” shall be displayed in braille using the Marburg code dimensions.

Amendment 331 #

Proposal for a directive
Article 7 – paragraph 4 a (new)

Amendment 332 #

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
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 333 #

Proposal for a directive
Article 7 – paragraph 5

5. Member States shall take the necessary measures to ensure that the European Parking Card for persons with disabilities 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 atupon the ~~latest by dd/mm/yy [~~request for its issuance, and in any case within 3 years from the 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 334 #

Proposal for a directive
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 335 #

Loucas FOURLAS

Proposal for a directive
Article 7 – paragraph 6

6. The European Parking Card for persons with disabilities 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 shall be given the option to use either the digital or physical card, or both. Persons with rheumatic and musculoskeletal diseases (RMDs) across Europe, recognizing the diverse range of conditions, often experience reduction in mobility, that does not yet meet the threshold of disability and therefore are likely to become disabled without support.

Amendment 336 #

Proposal for a directive
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 337 #

Proposal for a directive
Article 7 – paragraph 6

Amendment 338 #

Proposal for a directive
Article 7 – paragraph 6 a (new)

6 a. Member States shall encourage public and private authorities to upload relevant information in a publicly available database.

Amendment 339 #

Proposal for a directive
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, including through the development and deployment of digital tools. The digital format of the European Parking Card is to be developed in the form of a certified attribute to be integrated within national digital wallet projects aimed at flowing into the EUDI Wallet project.

Amendment 340 #

Proposal for a directive
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 341 #

Proposal for a directive
Article 7 – paragraph 7 a (new)

7 a. The Commission shall establish a publicly available Union database that contains all relevant information related to the applicable parking conditions and facilities as defined at local, regional, or national level in each Member State. The database shall be available in all EU languages and in accessible formats. The database shall be available in the single website, in all official languages, collating the special conditions or preferential treatment offered by their public authorities. Member States shall facilitate information concerning the special conditions or preferential treatment offered by private operators on the website where available and to update this information regularly according to any national legislation changes.

Amendment 342 #

Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI, Jordi CAÑAS, Monica SEMEDO, Atidzhe ALIEVA-VELI, Dragoş PÎSLARU, Irena JOVEVA, Max ORVILLE, Sylvie BRUNET, Marie-Pierre VEDRENNE

Proposal for a directive
Article 7 – paragraph 7 a (new)

7 a. The Commission shall establish a publicly available Union database that contains relevant information related to the applicable parking conditions and facilities as defined at local, regional, or national level in each Member State. The database shall be available in all EU languages and the national sign languages of Member States as well as in accessible formats. Member States shall ensure public authorities upload this information to the database and update it where necessary.

Amendment 343 #

Proposal for a directive
Article 7 – 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. Member States shall make sure that public authorities upload and regularly update relevant information in the database.

Amendment 344 #

Francesca PEPPUCCI, Rosa ESTARÀS FERRAGUT, Stelios KYMPOUROPOULOS

Proposal for a directive
Article 7 – paragraph 7 a (new)

7 a. The Commission shall set up a publicly available database that includes relevant information to the applicable parking rules, conditions, and spaces as defined on local, regional, or national level. The database shall be available and updated in all EU official languages.

Amendment 345 #

Proposal for a directive
Article 7 – paragraph 7 a (new)

7 a. The Commission shall establish a publicly accessible database, available in all EU official languages, containing information concerning the European Parking Card for persons with disabilities, as defined at local, regional or national level.

Amendment 346 #

Proposal for a directive
Article 7 a (new)

Article7a Provisions for card holders when changing residence 1. Member States shall ensure the beneficiaries who have changed their member state of residence and are pending the issuance of a national disability card by the competent authorities, are guaranteed their rights and benefits provided by the Disability Card and the Parking Card of the member state who issued it. The European Disability Card and the European Parking Card shall be valid until the new national card has been issued. 2. Member States shall ensure that the process of re-assessment of the disability and the issuing of the new national card and therefore the new European Disabilities and Parking Card does not exceed 6 months.

Amendment 347 #

Proposal for a directive
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 348 #

Proposal for a directive
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 an EU-level website and shall be available in all EU languages.

Amendment 349 #

Proposal for a directive
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 350 #

Proposal for a directive
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, in an easy tro 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 an EU-level website and shall be available in all EU languages.

Amendment 351 #

Francesca PEPPUCCI, Rosa ESTARÀS FERRAGUT, Stelios KYMPOUROPOULOS

Proposal for a directive
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~~cluding on an EU- level website in all EU languages. The information shall be available in accessible formats, including in digital formats, as well as in national sign languages and easy-to-read format, and upon individual request in other assistive formats requested by persons with disabilities.

Amendment 352 #

Proposal for a directive
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. The Commission ensures that such informations are available in all EU official languages on an EU-level website.

Amendment 353 #

Ádám KÓSA, Stelios KYMPOUROPOULOS, Lucia ĎURIŠ NICHOLSONOVÁ

Proposal for a directive
Article 9 – paragraph 1

Amendment 354 #

Jordi CAÑAS, Monica SEMEDO, Lucia ĎURIŠ NICHOLSONOVÁ

Proposal for a directive
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, national sign languages, Braille, and easy to read format, audio version and upon request in other alternative assistive formats requested by persons with disabilities.

Amendment 355 #

Proposal for a directive
Article 9 – paragraph 1

Amendment 356 #

Proposal for a directive
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 357 #

Proposal for a directive
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. Similarly, the Commission is committed to informing the public at the European level about the two documents and specifically their mutual recognition feature within the European Union.

Amendment 358 #

Proposal for a directive
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 359 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 360 #

Proposal for a directive
Article 9 – paragraph 2

2. Member States shall take appropriate measures to raise awareness among the public including to public authorities and private operators having the potential to offer preferential treatment pursuant to Article 5 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 361 #

Proposal for a directive
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 362 #

Proposal for a directive
Article 9 – paragraph 2

2. Member States and the Commission shall take appropriate measures, including via dedicated campaigns on national and EU level, 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 363 #

Proposal for a directive
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 364 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 365 #

Francesca PEPPUCCI, Rosa ESTARÀS FERRAGUT, Stelios KYMPOUROPOULOS

Proposal for a directive
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 366 #

Proposal for a directive
Article 9 – paragraph 2

2. Commission and 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.

Amendment 367 #

Monica SEMEDO, Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Sylvie BRUNET

Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 (new)

Member States shall take necessary measures to ensure clear steps to involve engagement with persons with disabilities and their representative organisations in the European Disability Card’s implementation and surveillance.

Amendment 368 #

Loucas FOURLAS

Proposal for a directive
Article 9 – paragraph 2 a (new)

2 a. Member States shall educate and raise awareness as well about the concept of disability driven by rheumatic and musculoskeletal diseases (RMDs), making assessment processes more accessible and achievable, as people affected currently have to spend time and effort proving their disability to obtain a card.

Amendment 369 #

Proposal for a directive
Article 9 – paragraph 2 a (new)

2 a. Member States shall take appropriate measures to raise awareness among professionals in contact with the public, including in accessible ways, about the existence and rights conferred by the European Disability Card and the European Parking Card for persons with disabilities.

Amendment 70 #

Proposal for a directive
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 71 #

Jordi CAÑAS, Monica SEMEDO, Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI

Proposal for a directive
Title 1

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the European Disability Card and the European ~~Parking~~Road Transport Card for persons with disabilities (Text with EEA relevance) (This amendment applies throughout the text)

Amendment 72 #

Proposal for a directive
Recital 1

(1) The European Union is founded on the values of human dignity, freedom, and respect of human rights and committed to combating discrimination, including on the grounds of disability, as set out in the Treaty on European Union (TEU), the Treaty on the Functioning of the European Union (TFEU) ~~and~~, the Charter of Fundamental Rights of the European Union (the ‘Charter’) and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

Amendment 73 #

Proposal for a directive
Recital 2 a (new)

(2 a) 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 74 #

Proposal for a directive
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 75 #

Jordi CAÑAS, Monica SEMEDO, Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI

Proposal for a directive
Recital 2 b (new)

(2 b) 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 76 #

Proposal for a directive
Recital 3

(3) Every citizen of the Union has the fundamental right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give effect to them. Article 18 of the UNCRPD also recognises the rights of persons with disabilities to liberty of movement and to freedom to choose their residence, on an equal basis with others.

Amendment 77 #

Abir AL-SAHLANI, Lucia ĎURIŠ NICHOLSONOVÁ, Monica SEMEDO, Dragoş PÎSLARU, Irena JOVEVA, Sylvie BRUNET, Marie-Pierre VEDRENNE

Proposal for a directive
Recital 4

(4) According to the Court of Justice of the European Union, citizenship of the Union is destined to be the fundamental status of nationals of the Member States when exercising the right to move and reside within the territory of the Member States, enabling those who find themselves in the same situation to enjoy, within the scope ratione materiae of the TFEU, the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for. The right to free movement should also apply to third country nationals who have legal residence in a Member State of the European Union and a recognised disability in that Member State, in the interest of equal treatment. Therefore, this Directive is to be complemented by a separate legal act which will bridge the legal gap between EU citizens and legally residing third country nationals in this regard. This will provide for more legal certainty not least for third country nationals women and girls with disabilities who have legal residence in the European Union.

Amendment 78 #

Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI, Jordi CAÑAS, Monica SEMEDO, Dragoş PÎSLARU, Irena JOVEVA, Max ORVILLE, Sylvie BRUNET, Marie-Pierre VEDRENNE

Proposal for a directive
Recital 5

(5) The Union is a Party to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)39 , and is bound by its provisions which are an integral part of the Union legal order to the extent of its competences. All the Member States are Parties to the UNCRPD and are bound by it also to the extent of their competences. ~~_________________~~ While the Union and all its Member States are bound by the UNCRPD there are significant differences in its implementation3a. There is a need to progress on equality for persons with disabilities both for the Union itself as well as in all Member States, for example through investments in infrastruture, capacity buidiling, training and awareness raising campaigns. The Union and all Member States should further ratify the Optional Protocol of the UNCRPD. _________________ 3a https://fra.europa.eu/en/publication/2023/ implementing-un-convention-rights- persons-disabilities-human-rights- indicators 39 Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities, OJ L 23, 27.1.2010, p. 35.

Amendment 79 #

Proposal for a directive
Recital 6

(6) The UNCRPD recognises that persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various administrative, technological and societal barriers can result in discriminatory treatment. The purpose of the UNCRPD is therefore to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect of their inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. The UNCRPD also recognises the importance of respect for difference and acceptance of persons with disabilities as part of human diversity and humanity and the need to take appropriate measures to ensure full and equal accessibility to persons with disabilities.

Amendment 80 #

Proposal for a directive
Recital 6

Amendment 81 #

Jordi CAÑAS, Monica SEMEDO, Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI

Proposal for a directive
Recital 6

Amendment 82 #

Proposal for a directive
Recital 6

Amendment 83 #

Proposal for a directive
Recital 6 a (new)

(6 a) The UNCRPD further 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. It particular, it recognises that women and girls with disabilities are at greater risk and subject to multiple discrimination, and that State Parties should take adequate measures to ensure their full and equal enjoyment of all human rights and fundamental freedoms.

Amendment 84 #

Proposal for a directive
Recital 7

(7) The European Pillar of Social Rights, proclaimed by the European Parliament, the Council and the European Commission at Gothenburg on 17 November 201740 provides that everyone, inter alia regardless of disability, has the right to equal treatment and opportunities regarding~~, among others,~~ employment, social protection, education, and access to goods and services available to the public and that equal opportunities of under-represented groups are to be fostered (principle 3). In addition, the European Pillar of Social Rights recognises that persons with disabilities have the right to ~~services that enable them to participate in society (principle 17). _________________ 40 Interinstitutional Proclamation on the European Pillar of Social Rights, OJ C 428, 13.12.2017, p. 10~~live in dignity and to income support that ensures a decent living, services that enable them to participate in society and a work environment adapted to their requirements (principle 17).

Amendment 85 #

Jordi CAÑAS, Monica SEMEDO, Lucia ĎURIŠ NICHOLSONOVÁ, Abir AL-SAHLANI

Proposal for a directive
Recital 7 a (new)

(7 a) The UNCRPD recognises that women and girls with disabilities are subject to multiple discrimination, and that State Parties should take measures to ensure their full and equal enjoyment of all human rights and fundamental freedoms. The Convention on Preventing and Combating Violence against Women and Domestic Violence, to which the European Union is a party, shall also guide the establishment of the European Disability Card and the European Parking Card for persons with disabilities.

Amendment 86 #

Proposal for a directive
Recital 7 a (new)

Amendment 87 #

Proposal for a directive
Recital 8

(8) Directive (EU) 2019/882 of the European Parliament and the Council41 (the ‘European Accessibility Act’) aims to overcome obstacles for persons with disabilities and persons with physical impairments and to improve access to products and services by eliminating and preventing barriers arising from divergent accessibility requirements in the Member States, thus contributing to increasing the availability of accessible products and services in the internal market, including access to websites and mobile device based service of certain public services42 , and improve the accessibility of relevant information. In addition, Union law also guarantees the right to non-discrimination in access to transport and other rights such as the right to receive assistance free of charge for passengers with disabilities and reduced mobility travelling by air43 , rail44 , waterborne means of transport45 , or bus and coach46 . Union law also enables the Member States to provide for reduced fees or user charges for toll roads/bridges/tunnels as well as exemptions from the obligation to pay such fees or user charges for or any vehicle used or owned by persons with disabilities as concerns the roads subject to road charging47 . _________________ 41 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services, (OJ L 150, 7.6.2019, p. 70). 42 In addition, Directive (EU) 2016/2102 on the accessibility of the websites and mobile applications of public sector bodies, aims to improve the accessibility of public sector bodies websites and their mobile apps. 43 Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air, OJ L 204, 26.7.2006, p. 1. 44 Regulation (EU) 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations OJ L 172, 17.5.2021, p. 1. 45 Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004, OJ L 334, 17.12.2010, p. 1. 46 Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1). 47 European Parliament and Council, Directive (EU 1999/62/EC and European Parliament and Council Directive (EU) 2022/362 amending Directives 1999/62/EC, 1999/37/EC and (EU) 2019/520, as regards the charging of vehicles for the use of certain infrastructures.

Amendment 88 #

Proposal for a directive
Recital 8 a (new)

Amendment 89 #

Proposal for a directive
Recital 9

Amendment 90 #

Proposal for a directive
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 91 #

Elżbieta RAFALSKA, Beata SZYDŁO, Margarita DE LA PISA CARRIÓN, Anna ZALEWSKA

Proposal for a directive
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 92 #

Proposal for a directive
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 definitions of disability and the criteria used to assess disability in the Member States are closely linked to the social security system in place in each country, which determines access to, for example, a protected labour market or benefits for persons with disabilities and their carers.

Amendment 93 #

Proposal for a directive
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 94 #

Proposal for a directive
Recital 10

(10) Due to the lack of mutual recognition of disability status between Member States, persons with disabilities ~~may face specific~~frequently face difficulties when exercising their fundamental rights of free movement.

Amendment 95 #

Proposal for a directive
Recital 11

Amendment 96 #

Proposal for a directive
Recital 11

(11) Persons with disabilities moving for longer periods to other Member States for employment, study or other purposes, except where otherwise provided by law or agreed among Member States, may have their disability status assessed and formally recognised by the competent authorities in the other Member State and may receive a disability certificate, a disability card or any other formal document recognising their disability status in accordance with applicable rules of that Member State. Nevertheless, persons with disabilities staying for a fixed period of time, that is longer than the considered short period of time, in the context of a mobility programme, should not need to have their disability status assessed in the new Member State. Those could be mobility projects for VET, school pupils, adult education, youth exchanges, youth workers, youth participation activities, Discover EU Inclusion action, projects for higher education students and staff, partnerships for cooperation.

Amendment 97 #

Proposal for a directive
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 98 #

Proposal for a directive
Recital 11

(11) PIn the cases where persons with disabilities mov~~ing~~e for longer periods to other Member States for employment, study or other purposes, ~~except where otherwise provided by law or agreed among Member States, may have their disability status assessed and formally recognised~~the European Disability Card should serve as temporary recognition of their disability status until formal decision by the competent authorities in the other Member State ~~and may receive~~, by means of a disability certificate, a disability card or any other formal document recognising their disability status in accordance with applicable rules of that Member State.

Amendment 99 #

Rosa ESTARÀS FERRAGUT, Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Irène TOLLERET, Sylvie BRUNET, Karen MELCHIOR

Proposal for a directive
Recital 12

(12) However, persons with recognised disability status travelling to or visiting for a short period of time a Member States other than the Member State in which they reside, ~~may~~often encounter significant difficulties, if their disability status is not recognised in the Member State they travel to or visit and if they do not hold a certificate, disability card or any other formal document recognising their disability status in the host Member State, in order to benefit from special conditions and/or preferential treatment offered there. Persons with non-visible disabilities often face specific difficulties when being asked to prove their disability while travelling.

source: 756.042

2023/11/29 FEMM 24 amendments...

Amendment 1 #

Proposal for a directive
Recital 2 a (new)

(2 a) Whereas the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular in its Articles 3, 6, 7, 8, 14, 15, 16, 20, 21, 23, 24, 25, 26, 31, 34, 35, 36, 41, 42, 45, and 47, brings together the most important personal freedoms and rights, including for persons with disabilities, (2b) Whereas The resolution of 13 December 2022 entitled ‘Towards equal rights for persons with disabilities1a, states the importance and need to have an EU disability card, (2c) Whereas the resolution of 4 October 2023 entitled ‘Harmonising the rights of autistic persons2a, highlights the importance of the proposal on the EU disability card, __________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0435_EN.html 2a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0343_EN.html

Amendment 1 #

Rosa ESTARÀS FERRAGUT, Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Irène TOLLERET, Sylvie BRUNET, Karen MELCHIOR

Proposal for a directive
Recital 2 a (new)

Amendment 10 #

Monika VANA, Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Irène TOLLERET, Radka MAXOVÁ

Proposal for a directive
Article 9 – paragraph 2

2. Member States shall take appropriate measures to raise awareness among the public including to public authorities and private service providers having the potential to offer tailored support pursuant to Article 5, about the existence and conditions of the card. Member States shall also inform persons with disabilities, including in accessible and gender- inclusive ways, about the existence 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. They should also coordinate comprehensive gender mainstreamed training for all actors concerned.

Amendment 10 #

Monika VANA, Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Irène TOLLERET, Radka MAXOVÁ

Proposal for a directive
Article 9 – paragraph 2

Amendment 11 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 16 – paragraph 2

2. The report shall address, inter alia, the use of the European Disability Card and European Parking Card for persons with disabilities in the light of social, and economic developments in the ~~use of the European Disability Card and European Parking Card for persons with disabilities with a view to assessing the need to review this Directive~~Member States and in the Union as a whole, with a view to assessing the need to review this Directive. The report shall include a gender analysis, focusing on how the provisions of this Directive actually and potentially have impacted the free movement of women and girls with disabilities. The report shall also evaluate the effectiveness of the incentivizing measures provided by Member States to service providers. It shall take into account the feedback from persons with disabilities and relevant non- governmental organisations, in particular organisations representing persons with disabilities and organizations fighting for gender equality, as well as economic stakeholders. The Commission shall create a digital portal containing all the information with regards the benefits of holding the European Disability Card and the European Parking Card in all Member States in a gender inclusive manner.

Amendment 11 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Article 16 – paragraph 2

Amendment 12 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Karen MELCHIOR, Irène TOLLERET, Radka MAXOVÁ, Sylvie BRUNET

Proposal for a directive
Article 16 – paragraph 3

3. Member States shall communicate to the Commission, at its request and in due time, all the information necessary for the Commission to draw up such a report. This information shall include, inter alia, a clear gender perspective on the implementation of the Disability Card. Member States shall collect gender- disaggregated data in order to identify the forms of multiple discrimination that are faced by women and girls with disabilities when accessing special conditions or preferential treatment with respect to services, activities or facilities, 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), in compliance with the obligations deriving from the European Disability Card or European Parking Card for persons with disabilities, This data should be used for the gender impact assessment of the Directive and guarantee its gender- mainstreamed revision in the future.

Amendment 12 #

Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Karen MELCHIOR, Irène TOLLERET, Radka MAXOVÁ, Sylvie BRUNET

Proposal for a directive
Article 16 – paragraph 3

Amendment 2 #

Rosa ESTARÀS FERRAGUT, Monika VANA

Proposal for a directive
Recital 3 a (new)

(3 a) Whereas Gender equality is a value of the Union enshrined in Article 2 TEU, and in Article 8 TFEU it is stated that in all its activities the Union shall aim to eliminate inequalities, establishing the principle of gender mainstreaming and gender equality; whereas The European Union has ratified the Istanbul Convention on preventing and combating violence against women and domestic violence, and therefore, the protection and support provided under the Istanbul Convention must be available to any woman without discrimination, regardless of any disability;

Amendment 2 #

Rosa ESTARÀS FERRAGUT, Monika VANA

Proposal for a directive
Recital 3 a (new)

Amendment 3 #

Rosa ESTARÀS FERRAGUT, Monika VANA, Abir AL-SAHLANI, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET, Susana SOLÍS PÉREZ

Proposal for a directive
Recital 3 b (new)

(3 b) The equality and non- discrimination mandate contained in Article 5 of the CRPD is relevant, as the European Disability Card is meant to accelerate the equality of persons with disabilities through their mutual recognition within the EU. There is a need to approach mobility and free movement in a gender sensitive way so that this legislation contributes to recognising the rights of women and girls with disabilities, mothers and caregivers of persons with disabilities and adopting an intersectional approach in protecting them from discrimination. It is imperative to recognize that women and girls with disabilities are affected by discrimination in many areas of life including social isolation, lack of access to community services, low-quality housing, institutionalisation and inadequate healthcare which hampers them from contributing and engaging actively in society. Women with disabilities are 10 times more likely to experience physical or sexual assault than women without disabilities and therefore information on the access to specialized support services should be made available for those women with disabilities having suffered any form of gender based violence. Overall, the situation for women and girls with disabilities is worse than those of men and boys with disabilities, with this being accentuated for example in rural areas where access to services and opportunities in general is much more limited. Any person with a factual disability, according to the meaning stated in Article 1 of the CRPD, when they reside or move in an EU Member State other than their own, should have their disability status recognised.

Amendment 3 #

Rosa ESTARÀS FERRAGUT, Monika VANA, Abir AL-SAHLANI, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET, Susana SOLÍS PÉREZ

Proposal for a directive
Recital 3 b (new)

Amendment 4 #

Rosa ESTARÀS FERRAGUT, Monika VANA, Maria-Manuel LEITÃO-MARQUES, Radka MAXOVÁ, Sandra PEREIRA, Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Recital 6

(6) The purpose of the UNCRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect of their inherent dignity, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. In its article 6, the UNCRPD specifically recognises that women and girls with disabilities are subject to multiple discrimination, due in many cases to the intersection of gender and disability, which impacts all spheres of their life including their mobility experiences requiring State parties to “take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms” and ensure the full development, advancement and empowerment of women. Women with disabilities often face intersectional forms of discrimination, and thus EU legislation need to integrate an intersectional approach in order to properly address exclusion and discrimination from a comprehensive, systemic and structural perspective; EU Member States are bound by the UNCRPD, however there are significant differences between the countries’ implementation1a. There is a need to progress on equality for persons with disabilities in all countries, for example through investments in infrastructure, capacity building and awareness raising campaigns. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure universal accessibility to persons with disabilities., as for instance to the ones with functional illiteracy mostly affecting women, especially in regards to the current directive, and to ensure that persons with disabilities enjoy personal mobility with the greatest possible independence. (6 a) It is necessary to acknowledge that women and girls with disabilities face increased risk of violence and abuse, including sexual abuse, and have heightened vulnerability on account of their sex, age and disability, (6 b) Figures clearly show that caregivers of disabled people are in their vast majority women and that therefore a gender sensitive approach has to be applied also when considering the caregivers side. __________________ 1a Implementing the UN Convention on the Rights of Persons with Disabilities, https://fra.europa.eu/sites/default/files/fra _uploads/fra-2023-uncrpd-human-rights- indicators_en.pdf

Amendment 4 #

Rosa ESTARÀS FERRAGUT, Monika VANA, Maria-Manuel LEITÃO-MARQUES, Radka MAXOVÁ, Sandra PEREIRA, Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET

Proposal for a directive
Recital 6

Amendment 5 #

Rosa ESTARÀS FERRAGUT, Maria-Manuel LEITÃO-MARQUES, Radka MAXOVÁ, Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET, Monika VANA

Proposal for a directive
Recital 6 a (new)

(6 a) (6a) Whereas data from the European Institute for Gender Equality1a shows that in the EU, 20% of women with disabilities are in full-time employment, comparing to 29% of men with disabilities and 48% of women without disabilities. 22% of women with disabilities are at risk of poverty, comparing to 20% of men with disabilities and 16% of women without disabilities. 17% of women with disabilities graduate tertiary education, comparing to 18% of men with disabilities and 32% of women without disabilities. 11% of women with disabilities have unmet needs for medical examination, comparing to 10% men with disabilities and 3% women without disabilities; whereas there are approximately 46 million women and girls with disabilities in the EU, comprising about 16% of its total female population and representing 60% of the overall population of persons with disabilities1b; therefore a gender- sensitive approach has to be applied when establishing a European Disability Card, and following the specific recommendations adopted by the CRPD Committee on the initial report of the EU in 2015, in particular, the mainstreaming of women and girls with disabilities perspective must be at the centre of the EU Gender Equality strategy, together with policies and programmes and a gender perspective in its Disabilities strategy. The Committee also recommended that the European Union develops actions to advance the rights of women and girls with disabilities by establishing a mechanism to monitor progress and support funding data collection and research on women and girls with disabilities1c; whereas the European Commission and EU Member States shall ensure that gender disaggregated data is collected to elaborate a gender impact assessment of the Directive and guarantee its gender- mainstreamed revision in the future. __________________ 1a Intersecting inequalities in the European Union in the 2023 Gender Equality Index https://eige.europa.eu/gender-equality- index/2022/domain/intersecting- inequalities/disability/work 1b https://www.edf-feph.org/women-and- gender-equality/ 1c Concluding observations on the initial report of the European Union CRPD/C/EU/CO/1, Committee on the Rights of Persons with Disabilities, 2 October 2015.

Amendment 5 #

Rosa ESTARÀS FERRAGUT, Maria-Manuel LEITÃO-MARQUES, Radka MAXOVÁ, Abir AL-SAHLANI, Susana SOLÍS PÉREZ, Sylvie BRUNET, Karen MELCHIOR, Irène TOLLERET, Monika VANA

Proposal for a directive
Recital 6 a (new)

Amendment 6 #

Proposal for a directive
Recital 15 a (new)

(15 a) Whereas the personal assistant can include informal caregivers such as family members or take into account that women bear a disproportionate responsibility for the unpaid and paid care for disabled people, including female family members;

Amendment 6 #

Proposal for a directive
Recital 15 a (new)

Amendment 7 #

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 (new)

(3a) Information and counselling services for women and girls with disabilities. (3b) specialised information service, assistance and support to women and girls with disabilities who are victims of violence.

Amendment 7 #

Rosa ESTARÀS FERRAGUT, Sandra PEREIRA

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 (new)

Amendment 8 #

Proposal for a directive
Article 5 – paragraph 1 a (new)

1 a. Member States shall take all necessary measures to recognise all persons with disabilities who are holders of a European Disability Card to ensure mutual recognition of the card as means of protection against discrimination on the grounds of disability, with the consequent right of access throughout the EU to the remedies and mechanisms provided against breaches of rights and lack of effective equal treatment; in particular Member States shall ensure that the European Disability Card is equally accessible to people with disabilities regardless of their sex, gender, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.

Amendment 8 #

Rosa ESTARÀS FERRAGUT, Sandra PEREIRA

Proposal for a directive
Article 5 – paragraph 1 a (new)

Amendment 9 #

Proposal for a directive
Article 6 – paragraph 5

5. The European Disability 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 shall be given the option to use either the digital or physical card, or both. The process to request and acquire a European Disability Card issued by Member States shall be designed in a simplified way. For the persons with disabilities applying for the card, an option could be for example to list on the back of the card their specific requirements. In that way there should not be any physical nor digital barrier for granting their equal access to the free of charge issuance or renewal of the card. It is important to guarantee its full accessibility and usability by all people with disabilities, especially by women and girls with disabilities who are particularly at risk of being digitally excluded.

Amendment 9 #