Changes from report parliamentary committee draft to plenary report

AddedArticle 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.

Change 29

ChangedArticle 1211 – paragraph 1:4: 1.4. TheBefore Commissionadopting shalla bedelegated assistedact, bythe aCommission committeeshall andconsult shallpersons meaningfullywith involvedisabilities and their representative organisations ofas personswell withas disabilities.experts Thatdesignated committeeby shalleach beMember aState committeein withinaccordance with the meaningprinciples laid down in the Interinstitutional Agreement of Regulation13 (EU)April No2016 182/2011.on Better Law-Making.

Change 30

AddedArticle 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.

Article 13 – title: Enforcement and remedies

Change 31

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

Article 13 – paragraph 2 – point b: (b) provisions whereby public bodies such as equality bodies or private associations, organisations in particular representative organisations of persons with disabilities or other legal entities which have a legitimate interest in ensuring that the provisions of this Directive are complied with may take action in accordance with national law and procedures before the courts or before the competent administrative bodies on behalf or in support of a person with disabilities, with their approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive.

Change 32

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

Change 33

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

Change 34

AddedArticle 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.

Article 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.

Change 35

ChangedArticle 15 – paragraph 1: 1. Member States shall ensure that private operators or public authorities make information on any special conditions or preferential treatment pursuant to Article 51 publicly– availablesubparagraph in1 a clear, comprehensive, user-friendly and easily accessible way and in accessible formats.(new): /Each Member StatesState shall establish a single dedicated website collating the special conditions or preferential treatment offered by their public authorities.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 language(s)languages of the Member StatesStates, 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 language(s)languages as determined by the Member State.

Change 36

ChangedArticle 15 – paragraph 2:1 2.a (new): 1a. Member States shall supportensure, andwhere encourageapplicable, privatethat operators orof publiccross-border authoritiespassenger totransport voluntarilyservices provide specialclear conditionsinformation orto preferentialpassengers treatmentholding fora personsEuropean withDisability disabilitiesCard inon asthe widespecial aconditions rangeor ofpreferential services,treatment otherapplicable activitiesin anddifferent facilitiesparts asof possible.the operations.

Change 37

RemovedArticle 15 – paragraph 3: 3. The information referred to in paragraph 1 of this article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible way, including through the private operators or public authorities’ official website where available, or by other suitable means, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882 without exceeding a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages.

AddedArticle 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 16 – paragraph 1: 1. By dd/mm/yy [two years after 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.

AddedArticle 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 16 – paragraph 2: 2. The report shall address, inter alia, in the light of social, economic and other relevant developments the use of the European Disability Card and European Parking Card for persons with disabilities with a view to assessing the need to review this Directive.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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).

Article 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.

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ChangedArticle 18 – paragraph 1: 1. Member States shall adopt and publish, by dd/mm/yy [within 12 months afterfrom 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.

Article 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].

Change 39

RemovedAnnexx II – paragraph 3 – point b – indent 1

AddedAnnex 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.

Change 40

ChangedAmendment:Annex •II – point 3 – point b – indent 1: – in capital letters, the words ‘European Parking Card for persons with disabilities’ in the language(s) of the Member State issuing the card and in braille using the Marburg code dimensions; after a suitable space, it shall appear in small type in the other languages of the European Union;