Changes from plenary report to adopted text

RemovedRecital 5: (5) The Union is a Party to the UNCRPD , 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 have signed and ratified the UNCRPD there are significant differences in its implementation. There is a need to make progress on equality for persons with disabilities both for the Union itself as well as in all Member States, for example through investments in infrastructure, capacity building, training and awareness raising campaigns. The Union and all Member States should also ratify the Optional Protocol of the UNCRPD. / (deleted)

RemovedRecital 6: (6) The UNCRPD recognises that persons with disabilities include persons who have long-term physical, mental, intellectual or sensory impairments which in interaction with various environmental, 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 equality of opportunity and accessibility to persons with disabilities.

RemovedRecital 6 a (new): (6a) The UNCRPD also recognises the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status. In particular, it recognises the principle of gender equality, that women and girls with disabilities are often at greater risk and subject to multiple and intersectional discrimination and that StateParties should take adequate measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms. Therefore, the European Disability Card and European Parking Card for persons with disabilities must have a clear gender equality perspective and contribute to improving free movement, especially for women and girls with disabilities. The Convention on Preventing and Combating Violence against Women and Domestic Violence, to which the Union is party, should also guide the establishment and implementation of the European Disability Card and the European Parking Card for persons with disabilities in this context.

RemovedRecital 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 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 income support that ensures living in dignity, services that enable them to participate in society and a work environment adapted to their needs (principle 17).

RemovedRecital 8 a (new): (8a) The Strategy for the Rights of Persons with Disabilities 2021-2030 is intended to tackle the diverse challenges that persons with disabilities face and progress in all areas of the UNCRPD, both at Union and national level.

RemovedRecital 10: (10) Due to the lack of mutual recognition of disability status between Member States, persons with disabilities often face specific and significant difficulties and barriers when exercising their fundamental rights of equal treatment, non-discrimination and free movement. The social model of disability recognises that discrimination and social exclusion experienced by persons with disabilities result from the environmental, systemic and attitudinal barriers in society, rather than by their impairment, as defined in the UNCRPD and in this Directive. Member States are encouraged to ensure that their national procedures for assessing disability status are in accordance with the provisions of the UNCRPD.

RemovedRecital 11: (11) Where persons with disabilities move for longer periods to other Member States for work, study or in the context of participation in an EU mobility programme such as ERASMUS+ and the European Solidarity Corps, the European Disability Card should serve as temporary recognition of their disability status until a formal decision has been taken regarding assessment and formal recognition of the status by the competent authorities in the other Member State, 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.

RemovedRecital 12: (12) However, persons with recognised disability status travelling to or visiting for a short period of time a Member State other than the Member State in which they reside, regularly 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. Persons with non-visible disabilities in particular often face specific difficulties when asked to prove their disability while travelling.

RemovedRecital 13: (13) In this case, persons with disabilities travelling to or visiting another Member State are put at a severe disadvantage when exercising their free movement rights as compared to persons without disabilities as well as 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.

RemovedRecital 13 a (new): (13a) Union citizens have expressed concerns in a number of petitions delivered to the European Parliament and transmitted to the Commission relating to the introduction of a Union-wide recognised European Disability Card, European Parking Card for persons with disabilities and the mutual recognition of disability across Member States1a. / 1a Petition 0756-2019 by P.T. (German), on an EU-wide disability card, Petition 1124-2019 by R.Z. (German), on behalf of the self-help group ‘Amputee - what next?’, signed by one other person, on the disability card in Germany, Petition 1342/2021 by Rufino Casares Durán (Spanish), bearing one other signature, on equal recognition of the degree of disability in the European Union, Petition 0822/2022 by Maria Pindado Galan (Spanish), on behalf of Confederación Autismo España, asking for the European Disability Statute to contemplate the rights of people with autism

RemovedRecital 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 huge uncertainty for them. Moreover, limited availability of online information regarding their specific rights and available advantages exacerbates this problem. Ultimately, persons with disabilities may be deterred from exercising their rights of free movement and full and effective participation and inclusion in society.

RemovedRecital 14 a (new): (14a) In view of both demographic changes and the need to facilitate the mobility of persons with disabilities, Member States should increase measures aiming to improve the accessibility of public spaces and infrastructure, in particular public transport, and to adjust them to the requirements of persons with disabilities.

RemovedRecital 15: (15) Alongside various visible and invisible, physical, social and other barriers in accessing both public and private spaces and services, high expenses are a key factor discouraging many persons with disabilities from travel 48 , 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 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, priority seating on public transport, reserved parking spaces or preferential treatment and has an impact on their travel costs, lives, social and economic integration and personal autonomy. Furthermore, the widespread lack of knowledge of psychosocial, cognitive, physical or sensorial accessibility policies can result in discriminatory behaviour.

RemovedRecital 16: (16) Preferential treatment (such as personal assistance, priority access, etc.) offered with or without remuneration is often important for persons with disabilities to be able to access various services, activities or facilities and to fully benefit from them. However, due to the lack of mutual 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.

RemovedRecital 17: (17) While voluntary in nature and limited in scope, the Pilot Project on the EU Disability card launched in 2016 and carried out in eight Member States, demonstrated that facilitating mutual recognition of disability status between Member States provided advantages for persons with disabilities in accessing benefits and 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 50 and shows that the card’s objectives continue to be relevant to the current needs of persons with disabilities. In addition, it included other examples of services, activities and facilities which offer special conditions or preferential treatment to persons with disabilities.

RemovedRecital 19: (19) Council Recommendation 98/376/EC15 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, given its non-binding nature the implementation of that Recommendation and the inclusion of national specific additions or deviations from the recommended model have led to a variety of different parking cards. This hinders the cross-border recognition of the cards across Member States, hampering the access of persons with disabilities to specific 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 have also experienced 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.

RemovedRecital 20: (20) In order to facilitate the access by persons with disabilities to special conditions or preferential treatment related to services including passenger transport services, activities and facilities, also 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 mutual recognition of their disability status and of formal documents recognising that status issued in other Member States and parking rights should be removed.

RemovedRecital 21: (21) Therefore, in view of facilitating the exercise by persons with disabilities of the rights to access special conditions or preferential treatment offered by private operators or public authorities when travelling to or visiting another Member State for a short period, 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.

RemovedRecital 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 and, where applicable, persons accompanying or assisting them including personal assistants, 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.

RemovedRecital 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 and employment.

RemovedRecital 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 and pedestrian zones, priority seating on public transport designated and accessible seats in public transport, parks and other public areas, accessible seating in cultural or public events, personal assistance, assistance animals such as guide dogs or assistance dogs for persons with disabilities, including persons with visual impairments, 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 such as guide dogs or assistance dogs for persons with disabilities including persons with visual impairments, 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 …

RemovedRecital 24 a (new): (24a) Personal assistants, regardless of their nationality, accompany or assist persons with disabilities or carry out activities of daily living if need be in the framework of a contractual relationship, in accordance with national law and practice, with the objective of encouraging personal autonomy, facilitating community life and promoting independent living.

RemovedRecital 24 b (new): (24b) Member States should ensure that the operators of cross-border passenger transport services provide clear information to travellers holding a European Disability Card at the time of their purchase of a travel ticket with regard to the special conditions or preferential treatment that apply for the different parts of the operations throughout the journey, in order to avoid travellers holding the European Disability Card finding themselves without a valid travel document when entering another Member State on the same transport service.

RemovedRecital 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. The issuance and renewal of the European Disability Card and the European Parking Card for persons with disabilities should always be free of charge.

RemovedRecital 25 a (new): (25a) Experience shows that when presenting a European Disability Card or similar national recognition 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 appropriate support and accommodation for their disability including when travelling by public transport or dealing with national authorities, as well as during emergencies. Member States should therefore provide the option to persons with disabilities, when applying for the European Disability Card to the relevant authorities, to choose to display relevant symbols on that card in order to indicate their assistance requirements. The Commission should develop guidelines for commonly recognised pictograms illustrating the different types of assistance required by persons with disabilities.

RemovedRecital 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 duly informed about those possibilities and be free to decide to use either the digital or physical cards or both on an equal basis and without discrimination.

RemovedRecital 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, transport infrastructure, activities and facilities offered by Member States to the holders of national certificates, disability cards or other formal documents recognising disability status, including when provided not for remuneration, the European Disability Card and the European Parking Card for persons with disabilities also apply to workers including mobile, frontier and cross-border workers with disabilities or participants of EU mobility programmes with disabilities who travel to or visit another Member State for educational or work-related purposes.

RemovedRecital 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 . Benefits in the area of social security, social protection or employment and social assistance should be covered in certain instances, either when moving to another Member State for work or study, until disability status has been reassessed and formally recognised, or while participating in EU mobility programmes to allow for the temporary continued recognition of the disability status while persons with disabilities are undergoing the reassessment process to have their disability status recognised by another Member State. The Member State that issued the European Disability Card should be responsible for providing the benefits or assistance in those instances.

RemovedRecital 30 a (new): (30a) A European Disability Card can be required as proof of disability status in order to exercise the right to equal access to any special conditions or preferential treatment with respect to services, activities or facilities, including when provided not for remuneration, offered to or reserved for persons with disabilities or persons accompanying or assisting them, including their personal assistants provided for by this Directive. However, a European Disability Card should not be required as proof of disability status by persons with disabilities or persons accompanying or assisting them, including their personal assistants or assistance animals, in order to access or exercise any rights provided for in other Union or national law, including those granting specific benefits, special conditions, or preferential treatment.

RemovedRecital 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 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, including in digital formats, national and international 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. Furthermore, to ensure that the relevant information is easy to access and use for persons with disabilities and the public, Member States should designate a National Contact Point as a ‘one-stop shop’ providing information and guidance on the conditions an…

RemovedRecital 31 a (new): (31a) The Commission should establish a single dedicated Union website, available in all official languages of the Union institutions and accessible formats, collating national information on obtaining, issuing, using, renewing and withdrawal of a European Disability Card and a European Parking Card for persons with disabilities. In order to strengthen the utility and impact of the European Parking Card for persons with disabilities, that Union website should contain information, 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. The Union website should further contain an accessible digital portal through which Member States’ national websites comprising information on special conditions or preferential treatment offered by their public authorities can be accessed. Member States should update that information regularly, including when changes occur in accordance with national legislation. Member States should also be able to facilitate information concerning the special conditions or preferential treatment offered by private operators on their websites, where available.

RemovedRecital 31 b (new): (31b) 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 is offered in an inclusive and accessible way. For example such training could address the recognition of relevant symbols where displayed on the European Disability Card indicating the nature of the reasonable accommodation required by persons with disabilities, the accessibility issues faced and relevant assistance required by persons with disabilities including invisible 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 organisations to ensure that they are inclusive and effective.

RemovedRecital 32: (32) Member States should take all the necessary steps to avoid any risk of forgery or fraud, whether individual or systemic, when issuing the European Disability Card or the European Parking Card for persons with disabilities and should actively combat fraudulent issuance, use and forgery of these cards and exchange information on such cases to ensure mutual trust between Member States as the mutual recognition of disability status is the cornerstone of the European Disability Card. Member States should ensure that any measures taken to combat forgery or fraud take into account 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 design and implementation of the measures.

RemovedRecital 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 this Directive by setting the digital format of the European Disability Card and the European Parking Card for persons with disabilities, and to amend Annexes I and II in order to modify the common features of the standardised format and universal accessibility requirements adapt the format to technical developments, prevent forgery and fraud and ensure interoperability.

RemovedRecital 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 also have a right of redress, including adequate compensation, in the case of infringements of their rights arising from this Directive. Member States should ensure that those provisions comply with the principle of reasonable accommodation for persons with disabilities in their design and implementation in line with the UNCRPD.

RemovedRecital 37: (37) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter and the UNCRPD. 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.

RemovedRecital 38: (38) Since the objective of this Directive, namely to strengthen the exercise of the free movement rights of persons with disabilities, and enhance the possibilities for, persons with disabilities 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,

RemovedArticle 1 – paragraph 1 – point a: (a) the rules governing the issuance of the European Disability Card for persons with disabilities as proof of their disability status, 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, offered to or reserved for persons with disabilities residing in that Member State and, where applicable, persons accompanying or assisting them including their personal assistants;

RemovedArticle 1 – paragraph 1 – point a a (new): (aa) 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 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 in which they are a resident, by granting them access to any parking conditions and facilities offered to or reserved for persons with disabilities and where applicable persons accompanying or assisting them including their personal assistants;

RemovedArticle 2 – paragraph 2 a (new): 2a. By way of derogation from paragraph 2, this Directive shall apply to the benefits and social assistance referred to in paragraph 2, points (b) and (c), where: / (a) European Disability Card holders move to another Member State to engage in work or enrol in an educational institution until their disability status is re-assessed and formally recognised by the competent authorities in the other Member State; and / (b) a European Disability Card holder participates in an EU mobility programme, for the duration of that programme. / Member States shall take the necessary measures to ensure that holders of a European Disability Card, while in the situations referred to in this paragraph, are granted access to the benefits and social assistance referred to inparagraph 2, points (b) and (c), by the Member State that issued the European Disability card.

RemovedArticle 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), as well as assistance animals such as guide dogs or assistance dogs.

RemovedArticle 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 assistance animals such as 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. A European Disability Card shall not be required as proof of disability in order to access or exercise any of the rights referred to in this paragraph.

RemovedArticle 3 – paragraph 1 – point d: (d) “personal assistant” is a person, whichever their nationality, accompanying or assisting persons with disabilities, who is recognised in accordance with the national legislation or practices as such;

RemovedArticle 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, 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), sign language interpreters, 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;

RemovedArticle 3 – paragraph 1 – point f: (f) “parking conditions and facilities” means any parking space reserved for persons with disabilities or where applicable person accompanying or assisting them including personal assistants, either exclusively or in general, as well as any 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.

RemovedArticle 3 – paragraph 1 – point f a (new): (fa) “reasonable accommodation” means necessary and appropriate modification and adjustments that do not impose 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 for in this Directive;

RemovedArticle 3 – paragraph 1 – point f b (new): (fb) “EU mobility programme” means a Union programme that supports natural persons moving to another Member State for an educational, training, professional, civic or cultural purpose or a combination thereof for a fixed period.

RemovedArticle 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) and sign language interpreters;

RemovedArticle 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 such as guide or assistance dogs of the holder of a European Disability Card;

RemovedArticle 6 – paragraph 1: 1. Each Member State shall introduce the European Disability Card following the common standardised format and 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.

RemovedArticle 6 – paragraph 2: 2. European Disability Cards issued by Member States shall be mutually recognised in all Member States and shall be compatible with any certificate, disability card or any other formal document for persons with disabilities issued at national, regional or local level.

RemovedArticle 6 – paragraph 4: 4. The European Disability Card shall be issued or renewed by the Member State of residence directly where already provided for in the national disability assessment and recognition procedure or upon application by the person with disabilities. Persons with disabilities shall be duly informed about the possibility to apply for the European Disability Card where it is not issued directly. It shall be issued and renewed free of charge to the beneficiary and within either 60 days or within 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.

RemovedArticle 6 – paragraph 4 a (new): 4a. Member States shall ensure that persons with disabilities, or designated representatives acting on their behalf and with their or their legal guardian´s approval, are able to appeal against a decision by the competent authorities regarding the issuance, renewal or withdrawal of a European Disability Card in accordance with national law and practice.

RemovedArticle 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, on an equal footing, either the digital or physical card, or both.

RemovedArticle 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 national 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 territory.

RemovedArticle 6 – paragraph 7: 7. By ... [12 months from the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 11 supplementing this Directive by setting the digital format of the European Disability Card and ensure interoperability. / The Commission is empowered to adopt delegated acts in accordance with Article 11 to amend Annex I in order to modify the common features of the standardised format and universal accessibility requirements, adapt the format to technical developments, introduce digital features in order to prevent forgery and fraud, address abuse or misuse and ensure accessibility and interoperability.

RemovedArticle 7 – paragraph 1: 1. Each Member State shall introduce the European Parking Card for persons with disabilities following the common standardised format and 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 Parking Card in Annex II.

RemovedArticle 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 to the beneficiary and within a reasonable period from the date of the application which shall not exceed 30 days. Persons with disabilities shall, however, have the right to request to have the digital version of the European Parking Card for persons with disabilities available within 15 days of an application by the person with disabilities.

RemovedArticle 7 – paragraph 4 a (new): 4a. 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 against a decision by the competent authorities regarding the issuance, renewal or withdrawal of a European Parking Card in accordance with national law and practice.

RemovedArticle 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 upon the European Parking Card’s issuance, and in any event at the latest by dd/mm/yy [date of application of this Directive.

RemovedArticle 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, on an equal footing, either the digital or physical card, or both.

RemovedArticle 7 – paragraph 7: 7. By ... [12 months from the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 11 supplementing the Directive by setting the digital format of the European Parking Card for persons with disabilities and ensure interoperability, including through the development and deployment of digital tools. / The Commission is empowered to adopt delegated acts in accordance with Article 11, to amend Annex II in order to modify the common features of the standardised format and universal accessibility requirements, 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.

RemovedArticle 7 a (new): Article 7a / Provisions for card holders when changing residence / 1. Member States shall ensure that the holders of European Disability Cards or European Parking Cards for persons with disabilities who have changed their Member State of residence, and who await issuance of a national disability card, certificate or any other formal document recognising their disability status by the competent authorities in that Member State, are guaranteed the rights provided for in this Directive during that period. The European Disability Card and the European Parking Card for persons with disabilities issued by the Member State of last residence shall be valid until the new national disability card, certificate or any other formal document recognising the disability status of the holder has been issued. / 2. Member States shall ensure that the process of re-assessment and recognition of disability status, and any subsequent issuing of a new European Disability Card or European Parking Card for persons with disabilities, is carried out within a reasonable period of time and in an efficient manner.

RemovedArticle 8 – paragraph 2: 2. Those implementing acts shall be adopted by ... [12 months from the date of entry into force of this Directive], in accordance with the examination procedure referred to in Article 12(2).

RemovedArticle 9 – title: Surveillance and compliance

RemovedArticle 9 – paragraph 1: deleted

RemovedArticle 9 – paragraph 2: deleted

RemovedArticle 9 – paragraph 3: 3. Member States shall take all necessary steps to avoid the risk of forgery or fraud and shall actively combat, thoroughly investigate and, where relevant, provide for administrative or judicial proceedings to address the fraudulent issuance, use and forgery of the European Disability Card and European Parking Card for persons with disabilities.

RemovedArticle 9 – paragraph 3 – subparagraph 1 a (new): Any measures taken to avoid the risk of forgery or fraud shall respect the rights of persons with disabilities and shall not result in any interference with the legitimate interests of persons with disabilities in their access to or use of either card or lead in any way to their stigmatisation.

RemovedArticle 9 – paragraph 4: 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 in the event that the conditions under which they were issued are no longer fulfilled.

RemovedArticle 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 with regard to abuse or misuse of the cards.

RemovedArticle 9 – paragraph 7: deleted

RemovedArticle 9 a (new): Article 9a / Accessibility of information and awareness raising / 1. Member States shall provide for 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 and international sign languages, braille and easy-to-read and audio formats, and in other alternative assistive formats upon the request of persons with disabilities. / 2. Member States shall take appropriate measures to raise awareness among the public, in particular to public authorities and private operators having the potential to offer special conditions, preferential treatment and parking conditions and facilities for persons with disabilities pursuant to Article 5 and other relevant stakeholders including representative organisations of persons with disabilities, and inform persons with disabilities, 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. / 3. The information referred to in paragraphs 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 the official websites of private operators or public authorities wh…

RemovedArticle 10 a (new): Article 10a / Representative organisations of persons with disabilities / Member States shall ensure that representative organisations of persons with disabilities can participate meaningfully in the development, planning, implementation, monitoring and evaluation of both the European Disability Card and the European Parking Card for persons with disabilities.

RemovedArticle 11 – paragraph 4: 4. Before adopting a delegated act, the Commission shall consult persons with disabilities and their representative organisations as well as 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.

RemovedArticle 12 – paragraph 1: 1. The Commission shall be assisted by a committee and shall ensure that representative organisations of persons with disabilities can participate meaningfully. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

RemovedArticle 13 – title: Enforcement and remedies

RemovedArticle 13 – paragraph 1: 1. Member States shall ensure that adequate and effective means exist to ensure compliance with and enforcement of this Directive.

RemovedArticle 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 their approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive.

RemovedArticle 13 – paragraph 2 – point b a (new): (ba) provisions whereby persons with disabilities have a right of redress, including adequate compensation, in cases of infringements of their rights arising from this Directive.

RemovedArticle 13 – paragraph 2 a (new): 2a. Member States shall ensure that the design and implementation of provisions referred to in paragraph 2 comply with the principle of reasonable accommodation for persons with disabilities.

RemovedArticle 14 – paragraph 1: 1. Member States shall lay down the rules on penalties applicable to public authorities or private operators for violations of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented.

RemovedArticle 14 – paragraph 2: 2. The penalties provided for must be effective, proportionate and dissuasive and be accompanied by effective remedial action either in the form of fines or the payment of adequate compensation.

RemovedArticle 15 – paragraph 1 – subparagraph 1 a (new): Each Member State shall establish a single dedicated website collating the special conditions or preferential treatment offered by their public authorities and shall ensure this information is up to date. 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 languages of the Member States, national and international sign languages for audio and video content, in accessible and easy-to-read formats, in English as well as in any other relevant languages as determined by the Member State.

RemovedArticle 15 – paragraph 1 a (new): 1a. Member States shall ensure, where applicable, that operators of cross-border passenger transport services provide clear information to passengers holding a European Disability Card on the special conditions or preferential treatment applicable in different parts of the operations.

RemovedArticle 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- 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.

RemovedArticle 15 – paragraph 3: 3. The information referred to in paragraphs 1 and 1a 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 and including in the national sign languages.

RemovedArticle 15 a (new): Article 15a / Union website for the European Disability Card and European Parking Card for persons with disabilities / 1. By ...[x months from the date of entry into force of this Directive], the Commission shall set up a single dedicated Union website (Union website). The Union website shall contain: / (a) the information referred to in Article 9a; / (b) relevant information related to the applicable parking conditions and facilities as defined at local, regional, or national level in each Member State; / (c) an accessible digital portal through which the national websites referred to in Article 15(1) can be accessed. / Member States shall ensure that public authorities provide the information referred to in points (a) and (b) of the first subparagraph to the Union website and shall update that information where necessary. / 2. The Union website shall be available in all official Union languages, international sign language and the national sign languages of Member States as well as in accessible and easy-to-read formats, in accordance with the relevant accessibility requirements for services set in Annex I to Directive (EU) 2019/882. The information referred to in this Article shall be easily 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.

RemovedArticle 16 – paragraph 1: 1. By dd/mm/yy [two years from the date of application of this Directive], and every four 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.

RemovedArticle 16 – paragraph 2: 2. The report shall address, inter alia, in the light of social, economic, technological and other relevant developments the use of the European Disability Card and European Parking Card for persons with disabilities, the extent to which the implementation of this Directive has met its objectives and its interaction with other relevant Union legal acts with a view to assessing the need to review this Directive. The report shall include an assessment of the use of the card as regards portability in the area of social security benefits, social protection and social assistance in the situations referred to in Article 2(2a). / The report shall also include an intersectionality and gender equality analysis of the impact of this Directive on the free movement of persons with disabilities who have intersecting identities, in particular women and girls. The report shall also evaluate the effectiveness of the incentivising measures provided by Member States to service providers under Article 15(2).

RemovedArticle 16 – paragraph 4: 4. The Commission’s report shall take into account the viewpoints of persons with disabilities, relevant non-governmental organisations, in particular organisations representing persons with disabilities as well as economic stakeholders.

RemovedArticle 18 – paragraph 1: 1. Member States shall adopt and publish, by dd/mm/yy [within 12 months from the date of 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.

RemovedArticle 18 – paragraph 2: 2. They shall apply those provisions from dd/mm/yy [24 months from the date of entry into force of this Directive].

RemovedAnnex 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 symbols on the card in order to indicate the nature of their required reasonable accommodation. The Commission shall develop guidelines for common pictograms illustrating different types of assistance.

RemovedAnnex 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;

RemovedThe EU Treaties and the Charter of Fundamental Rights of the EU establish equality as a cornerstone of EU law. The fundamental right to free movement of persons is established by Article 21 of TFEU and Article 45 of the Charter. However the exercise of this right is very often not a reality for persons with disabilities who face significant barriers travelling to and visiting other Member States for work, tourism etc. Even where they do manage to do so, services, including passenger transport services, and other activities, facilities and infrastructure are regularly very difficult or even impossible to access.

RemovedThe introduction of a new European Disability Card (EDC) and updated European Parking Card for persons with disabilities (EPC) should help to address these obstacles and make it easier for persons with disabilities to travel across the EU by ensuring they can, on an equal basis with nationals, access special conditions, preferential treatment, and parking rights when visiting another Member State. The binding nature of the proposal and the expansion of the scope as compared to the pilot project are very welcome indeed.

RemovedNevertheless, the area of social benefits, assistance and protection is unfortunately not addressed. Currently, access to these supports is lost when a person with disabilities moves to another Member State to work, study or take part in an EU mobility programme and the wait to obtain them via reassessment of disability status in the new Member State can take months or even years. In the intervening period, persons with disabilities are without the support that helps ensure their inclusion and personal autonomy - principles enshrined in the UNCRPD, which all Member States and the EU itself are a party to. This creates a huge barrier in persons with disabilities truly enjoying their fundamental freedoms on an equal basis with others - in essence these freedoms are reserved for those without disabilities or those wealthy enough to cover the extra costs resulting from their disability out of their own pocket. This is not real equality and is unacceptable in a ‘Social Europe’. The draft report therefore includes such benefits, assistance and protection for EDC holders for the period in which their disability status is being reassessed where they move for employment, education or to participate in an EU mobility programme.

RemovedThe draft report further aims to strengthen the Commission proposal by, inter alia, expressly providing that the EDC can never be required as proof in order to access or exercise existing rights for persons with disabilities in other Union or national law, that competent authorities issuing or renewing either card must do so free of charge and within a reasonable period that does not exceed 60 days, as well as ensuring the right of persons with disabilities to appeal decisions by authorities concerning the cards.

RemovedAs regards the EPC the Commission should gather, within an EU database, information to be provided by Member States’ public authorities concerning what the different parking conditions and facilities offered in each Member State are at local, regional and national level. This will greatly facilitate persons with disabilities in planning and organising the travel the cards aim to encourage.

RemovedRegarding provisions on avoiding risks of fraud or forgery, it is important that any measures taken to achieve this aim do not interfere with the rights and interests of persons with disabilities using the card correctly or lead in any way to stigmatisation.

RemovedMeasures concerning availability and accessibility of information, as well as awareness raising measures, have also been strengthened and include an EU awareness raising campaign to be undertaken by the Commission, a dedicated EU website to gather information on the conditions and rules, practices, and procedures to issue, renew or withdraw as well as how to obtain, use and renew the cards in the different Member States. Member States shall also be obliged to establish national websites outlining the relevant special conditions and preferential treatment offered by public authorities so that persons with disabilities, service providers and the public in general are informed of the advantages the cards entail.

RemovedFinally, amendments to strengthen the enforcement of the directive and ensure the right to redress including through adequate compensation as well as to better involve the representative organisations of persons with disabilities in the implementation and evaluation of the cards have been tabled.