Changes from plenary report to adopted text

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].