Text · Opinion parliamentary committee draft
On the proposal for a directive of the European Parliament and of the Council establishing the European Disability Card and the European Parking Card for persons with disabilities
Document FEMM-PA-754897 · COM(2023)0512 – C9 – 0328/2023
- Kind
- Opinion parliamentary committee draft FEMM-PA-754897
- Date
- 20 November 2023
- Committee
- Committee on Women's Rights and Gender Equality
- Rapporteur
- Rosa Estaràs Ferragut
More facts (3)
- Formats
- Official page PDF Word
- Subject matter
- SOCI, DISC, LCP
- Reference
- COM(2023)0512 – C9 – 0328/2023
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The Committee on Women's Rights and Gender Equality calls on the Committee on Employment and Social Affairs, as the committee responsible, to take the following into account:
| Text proposed by the Commission | Amendment |
|---|---|
| (6) The purpose of the UNCRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect of their inherent dignity, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure accessibility to persons with disabilities. | (6) The purpose of the UNCRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect of their inherent dignity, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure universal accessibility to persons with disabilities and to ensure that persons with disabilities enjoy personal mobility with the greatest possible independence; |
Ensuring universal accessibility. According to Article 9 of the CRPD, the European Disability Card should be issued on a tangible and digital medium, in both cases universally accessible, including cognitive accessibility conditions. Ensuring universal accessibility. According to Article 9 of the CRPD, the European Disability Card should be issued on a tangible and digital medium, in both cases universally accessible, including cognitive accessibility conditions. Non-discrimination of persons with disabilities. Persons with disabilities should enjoy all rights on the same basis as others. This includes being able to enjoy the free movement of persons without obstacles to their movement and with the individual support that each person needs.
| Text proposed by the Commission | Amendment |
|---|---|
| (7 a) The equality and nondiscrimination mandate contained in Article 5 of the CRPD is relevant, as the European Disability Card is meant to accelerate the equality of persons with disabilities through global recognition within the EU, in its member countries and among themselves. |
Follow-up of the CRPD mandate. The regulation of the European Disability Card must be carried out in accordance with the provisions of the International Convention on the Rights of Persons with Disabilities, an international treaty that binds the European Union, in all its articles. Non-discrimination of persons with disabilities. Persons with disabilities should enjoy all rights on the same basis as others. This includes being able to enjoy the free movement of persons without obstacles to their movement and with the individual support that each person needs.
| Text proposed by the Commission | Amendment |
|---|---|
| (8 a) CRPD states in Article 18, dedicated to Liberty of movement and nationality, that States Parties shall recognize the rights of persons with disabilities to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others, including by ensuring that persons with disabilities are not deprived, on the basis of disability, of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement. |
Follow-up of the CRPD mandate. The regulation of the European Disability Card must be carried out in accordance with the provisions of the International Convention on the Rights of Persons with Disabilities, an international treaty that binds the European Union, in all its articles. Non-discrimination of persons with disabilities. Persons with disabilities should enjoy all rights on the same basis as others. This includes being able to enjoy the free movement of persons without obstacles to their movement and with the individual support that each person needs.
| Text proposed by the Commission | Amendment |
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| (12 a) Being a woman is a factor that affects all dimensions, including mobility and free movement, and must therefore be considered so that this legislation contributes to recognising the rights of women and girls with disabilities, mothers and carers of persons with disabilities and protecting them from intersectional discrimination. |
Need for stronger protection of women with disabilities. Women and girls with disabilities, mothers and carers of people with disabilities are a population group at greater risk of exclusion due to intersecting factors.
| Text proposed by the Commission | Amendment |
|---|---|
| (13 a) The European Union has ratified the Convention on preventing and combating violence against women and domestic violence, the Istanbul Convention. |
Need for stronger protection of women with disabilities. The European Disability Card should include a preferential status for women and girls with disabilities who are victims of violence and abuse, giving them urgent attention as those most at risk, so that preventive action can be taken.
| Text proposed by the Commission | Amendment |
|---|---|
| (15) Alongside physical and other barriers in accessing both public and private spaces, high expenses are a key factor discouraging many persons with disabilities from travel48 , because they have specific needs and may also require person(s) accompanying or assisting them including those recognised as personal assistant(s) in accordance with national legislation or practices, making their travel costs higher than for persons without disabilities49 . The lack of recognition of disability status in other Member States might limit their access to special conditions, such as free access or reduced tariffs, or preferential treatment and has an impact on their travel costs, lives and choices. | (15) Alongside visible and invisible barriers in accessing both public and private spaces, high expenses are a key factor discouraging many persons with disabilities from travel 48, because they have specific needs and may also require person(s) accompanying or assisting them including those recognised as personal assistant(s) in accordance with national legislation or practices, making their travel costs higher than for persons without disabilities 49 . The lack of recognition of disability status in other Member States might limit their access to special conditions, such as free access or reduced tariffs, or preferential treatment and has an impact on their travel costs, lives and choices. Similarly, lack of knowledge about physical, psychosocial, cognitive and sensory accessibility is a breeding ground for discriminatory behaviour. |
| 48 Findings from Final Report based on Survey targeted at EU-level CSOs; Shaw and Coles, ‘Disability, holiday making and the tourism industry in the UK: a preliminary survey’, 25(3) Tourism Management (2004) 397-403; Eugénia Lima Devile and Andreia Antunes Moura (2021), Travel by People With Physical Disabilities: Constraints and Influences in the Decision-Making Process. | 48 Findings from Final Report based on Survey targeted at EU-level CSOs; Shaw and Coles, ‘Disability, holiday making and the tourism industry in the UK: a preliminary survey’, 25(3) Tourism Management (2004) 397-403; Eugénia Lima Devile and Andreia Antunes Moura (2021), Travel by People With Physical Disabilities: Constraints and Influences in the Decision-Making Process. |
| 49 McKercher and Darcy (2018), Re-conceptualizing barriers to travel by people with disabilities, Tourism Management Perspectives, 59-66. [More for Explanatory Memorandum?] | 49 McKercher and Darcy (2018), Re-conceptualizing barriers to travel by people with disabilities, Tourism Management Perspectives, 59-66. [More for Explanatory Memorandum?] |
Ensuring universal accessibility. Under Article 9 of the CRPD, the European Disability Card should be issued on a universal tangible and digital medium, including cognitive accessibility conditions, to avoid indeterminacy and discriminatory situations for persons with disabilities who are victims of barriers that do not have to do with physical aspects (such as persons with mental health problems) and which, if not specified, will continue to be committed, since the question of what is or is not a barrier will be subject to the subjective interpretation of those who have to implement the rule.
| Text proposed by the Commission | Amendment |
|---|---|
| (16 a) It is necessary to face the enormous lack of knowledge about psychosocial accessibility, which is why no individual and structural measures are taken to eliminate the barriers that hinder or impede it, including attitudinal, administrative and systemic or symbolic barriers, in order to help combat the stigma and prejudices that lead to discrimination, violence, abuse, social exclusion and segregation, which constitute obstacles to the effective exercise of the rights of persons with disabilities and do not favour respect for their autonomy, will and preferences. |
Need for stronger protection of women with disabilities. The European Disability Card should include a preferential status for women and girls with disabilities who are victims of violence and abuse, giving them urgent attention as those most at risk, so that preventive action can be taken.
| Text proposed by the Commission | Amendment |
|---|---|
| (19) Council Recommendation 98/376/EC51 has provided for a European model of a parking card for persons with disabilities, which has facilitated the recognition of the parking card across Member States. However, its implementation and the inclusion of national specific additions or deviations from the recommended model have led to a variety of different cards. This hinders the cross-border recognition of the cards across Member States, hampering the access of persons with disabilities to parking conditions provided and facilities reserved for persons with disabilities who are holders of a parking card in other Member States. Moreover, the Council Recommendation has not been updated to reflect ongoing technological and digitalisation developments. Member States also experience problems with fraud and forgery of the cards, as the format is usually quite simple and easily forged and in practice different in each Member States, which makes it difficult to verify. | (19) Council Recommendation 98/376/EC has provided for a European model of a parking card for persons with disabilities, which has facilitated the recognition of the parking card across Member States, However, its implementation and the inclusion of national specific additions or deviations from the recommended model have led to a variety of different cards. This hinders the cross-border recognition of the cards across Member States, hampering the access of persons with disabilities to parking conditions provided and facilities reserved for persons with disabilities who are holders of a parking card in other Member States. Moreover, the Council Recommendation has not been updated to reflect ongoing technological and digitalisation developments. Member States also experience problems with fraud and forgery of the cards, as the format is usually quite simple and easily forged and in practice different in each Member States, which makes it difficult to verify . Access to services should be instantaneous without requiring a new application in case of moving to another country. |
| 51 Council Recommendation of 4 June 1998 on a parking card for people with disabilities (OJ L 167, 12.6.1998, p. 25), as adapted by Council Recommendation of 3 March 2008 by reason of accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic OJ L 63/43,7.3.2008. | 51 Council Recommendation of 4 June 1998 on a parking card for people with disabilities (OJ L 167, 12.6.1998, p. 25), as adapted by Council Recommendation of 3 March 2008 by reason of accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic OJ L 63/43,7.3.2008. |
Non-discrimination of persons with disabilities. Persons with disabilities should enjoy all rights on the same basis as others. This includes being able to enjoy the free movement of persons without obstacles to their movement and with the individual support that each person needs.
| Text proposed by the Commission | Amendment |
|---|---|
| (24) Examples of special conditions or preferential treatment include free access, reduced tariffs, reduced fees or user charges for toll roads/bridges/tunnels, priority access, designated seats in parks and other public areas, accessible seating in cultural or public events, personal assistance, assistance animals, assistance on the beach to enter the water, support (such as access to braille, audio guides, sign language interpretation), provisions of aids or assistance, loan of a wheelchair, loan of a floating wheelchair, obtaining tourist information in accessible formats, using a mobility scooter on roads or a wheelchair in bike lanes without a fine, etc. Parking conditions and facilities include extended parking or reserved parking spaces. With respect to passenger transport services, in addition to the special conditions or preferential treatment offered to persons with disabilities, in accordance with national legislation or practices, assistance animals, personal assistants or other persons accompanying or assisting persons with disabilities (or reduced mobility) may travel free of charge or be seated, where practicable next to the person with disabilities. | (24) Examples of special conditions or preferential treatment include free access, reduced tariffs, reduced fees or user charges for toll roads/bridges/tunnels, priority access, designated seats in parks and other public areas, accessible seating in cultural or public events, personal assistance, assistance animals, assistance on the beach to enter the water, support (such as access to braille, audio guides, sign language interpretation), provisions of aids or assistance, loan of a wheelchair, loan of a floating wheelchair, obtaining tourist information in accessible formats, using a mobility scooter on roads or a wheelchair in bike lanes without a fine, etc. Parking conditions and facilities include extended parking or reserved parking spaces. With respect to passenger transport services, in addition to the special conditions or preferential treatment offered to persons with disabilities, in accordance with national legislation or practices, assistance animals, personal assistants or other persons accompanying or assisting persons with disabilities (or reduced mobility) may travel free of charge or be seated, where practicable next to the person with disabilities. With regard to the adoption of effective measures to ensure mobility, it is necessary to consider accessibility for people with disabilities in the different means of public transport (train, plane, etc.) and who need to use their own wheelchair due to the specialisation required to guarantee their safety. |
Non-discrimination of persons with disabilities. Persons with disabilities should enjoy all rights on the same basis as others. This includes being able to enjoy the free movement of persons without obstacles to their movement and with the individual support that each personneeds. Ensuring universal accessibility, following Article 9 of the CRPD, in coherence with the previous AMs.
| Text proposed by the Commission | Amendment |
|---|---|
| (28 a) It is imperative to take into account the gender-based violence to which European women and girls with disabilities are most exposed. This means that access to resources, mechanisms and benefits to combat and mitigate this scourge must be guaranteed throughout the EU, responding to the protection and support needs of women and girls with disabilities, mothers and carers who are victims of violence, abuse and mistreatment. |
Need for stronger protection of women with disabilities. The European Disability Card should include a preferential status for women and girls with disabilities who are victims of violence and abuse, giving them urgent attention as those most at risk, so that preventive action can be taken.
| Text proposed by the Commission | Amendment |
|---|---|
| (36 a) With regard to the adoption of effective measures to ensure mobility, it is necessary to consider accessibility for persons with disabilities in the different means of public transport (train, plane, etc.) and who need to use their own wheelchair due to the specialisation required to guarantee their safety. |
Non-discrimination of persons with disabilities. Persons with disabilities should enjoy al lrights on the same basis as others. This includes being able to enjoy the free movement of persons without obstacles to their movement and with the individual support that each person needs.
| Text proposed by the Commission | Amendment |
|---|---|
| (a a) The conditions necessary to promote equality for persons with disabilities and to contribute to their free movement within the EU, without obstacles to free movement and with the individual supports that each person needs, projecting the EU's basic foundation, free mobility, to all persons with disabilities, who so far face severe disadvantages in this domain. |
Follow-up of the CRPD mandate. The regulation of the European Disability Card must be carried out in accordance with the provisions of the International Convention on the Rights of Persons with Disabilities, an international treaty that binds the European Union, in all its articles.
| Text proposed by the Commission | Amendment |
|---|---|
| – Information and counselling services for women with disabilities, with special attention to women and girls who are victims of violence and abuse. |
Need for stronger protection of women with disabilities. The European Disability Card should include a preferential status for women and girls with disabilities who are victims of violence and abuse, giving them urgent attention as those most at risk, so that preventive action can be taken.
| Text proposed by the Commission | Amendment |
|---|---|
| – Protection services in humanitarian emergencies and risk situations. |
Non-discrimination of persons with disabilities. Persons with disabilities should enjoy all rights on the same basis as others. We believe that the proposal is very clear and detailed in defining those areas, which do not fall within the scope of the directive (Article 2(2)). On the other hand, the text is ambiguous in defining the areas where it does apply (Article 2(1)), which leaves room for divergent interpretations. We consider that the proposal should be more explicit in order to avoid unwarranted transpositions that undermine the objective of the directive.
| Text proposed by the Commission | Amendment |
|---|---|
| – Justice services, including free legal aid. |
Non-discrimination of persons with disabilities. Persons with disabilities should enjoy all rights on the same basis as others. We believe that the proposal is very clear and detailed in defining those areas, which do not fall within the scope of the directive (Article 2(2)). On the other hand, the text is ambiguous in defining the areas where it does apply (Article 2(1)), which leaves room for divergent interpretations. We consider that the proposal should be more explicit in order to avoid unwarranted transpositions that undermine the objective of the directive.
| Text proposed by the Commission | Amendment |
|---|---|
| – Recognition of the disability vis-àvis institutions, authorities and policies promoted by all European Union bodies, in particular in EU mobility programmes (such as ERASMUS+ and other similar programmes). In the case of EU mobility programmes, the duration shall be extended to at least one school year. |
Persons with disabilities should enjoy all rights on the same basis as others. The proposal is very clear and detailed in defining those areas, which do not fall within the scope of the directive (Article 2(2)). The text is ambiguous in defining the areas where it does apply(Article 2(1)). The proposal should be more explicit in order to avoid unwarranted transpositions that undermine the objective of the directive. It is essential that the duration should be at least one academic year. Similarly, a person with a disability who moves to another Member State will be able to benefit from this recognition.
| Text proposed by the Commission | Amendment |
|---|---|
| (c a) The provisions of this paragraph do not apply in cases where people with disabilities move to work or study in another EU country. In this case, the Directive will ensure temporary access to the personal and financial benefits and assistive devices necessary for personal autonomy while the disability is reassessed in the new country of residence. |
Non-discrimination of persons with disabilities. Persons with disabilities should enjoy all rights on the same basis as others, which includes the free movement of persons without obstacles to their movement and with an individual support. The European Union must ensure that all persons with disabilities and their families can enjoy their right to freedom of movement on an equal basis with others, including the portability of social security benefits, in a coordinated manner among its Member States, as provided for in Article 21 of the Treaty on the Functioning of the European Union.
| Text proposed by the Commission | Amendment |
|---|---|
| 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). | 4. This Directive does not impinge on national competences to grant or require to grant special benefits or specific, preferential conditions, such as free access, reduced tariffs, or preferential treatment for persons with disabilities and, where provided, for person(s) accompanying or assisting them including their personal assistant(s) and guide dogs and assistance dogs. |
Non-discrimination of persons with disabilities. Persons with disabilities should enjoy all rights on the same basis as others. This includes being able to enjoy the free movement of persons without obstacles to their movement and with the individual support that each person needs.
| Text proposed by the Commission | Amendment |
|---|---|
| 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), may derive from other provisions of Union law or national law implementing Union law, including those granting specific benefits, special conditions, or preferential treatment. | 5. This Directive shall be without prejudice to the rights that persons with disabilities or person(s) accompanying or assisting them, including their personal assistant(s) and guide dogs and assistance dogs, may derive from other provisions of Union law or national law implementing Union law, including those granting specific benefits, special conditions, or preferential treatment. |
Non-discrimination of persons with disabilities. Persons with disabilities should enjoy all rights on the same basis as others. This includes being able to enjoy the free movement of persons without obstacles to their movement and with the individual support that each person needs.
| Text proposed by the Commission | Amendment |
|---|---|
| (c a) Discrimination on the basis of disability" means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation. |
It is essential that the legislative text includes definitions to create a common acquis of interpretation of disability between Member States. Given that the card is primarily aimed at ensuring the enjoyment of free movement of persons with disabilities throughout the EU and preventing restrictions that limit other associated rights, it is desirable to include definitions of the rights, support and protection of persons with disabilities for those countries that are lagging behind in the rights approach of the CRPD to integrate these concepts into their domestic legislation.
| Text proposed by the Commission | Amendment |
|---|---|
| (d) “personal assistant” is a person accompanying or assisting persons with disabilities who is recognised in accordance with the national legislation or practices as such; | (d) “personal assistant” is a person accompanying or assisting persons with disabilities who is recognised in accordance with the national legislation or practices as such; this person performs or assists in the daily living tasks of another person who is unable or in need of such assistance. Its aim is to promote independent living, foster personal autonomy and facilitate community living. The relationship between the two is contractual in nature and shall present a profile appropriate to the multiple tasks to be performed. |
It is essential that the legislative text includes definitions to create a common acquis of interpretation of disability between Member States. Given that the card is primarily aimed at ensuring the enjoyment of free movement of persons with disabilities throughout the EU and preventing restrictions that limit other associated rights, it is desirable to include definition sof the rights, support and protection of persons with disabilities for those countries that are lagging behind in the rights approach of the CRPD to integrate these concepts into their domestic legislation.
| Text proposed by the Commission | Amendment |
|---|---|
| (e) “special conditions or preferential treatment” means specific conditions, including those related to financial conditions, or differentiated treatment related to assistance and support such as free access, reduced tariffs, priority access, offered to persons with disabilities and/or, when applicable, to person(s) accompanying or assisting them including personal assistant(s) or assistance animals recognised in accordance with the national legislation or practices as such, irrespective whether provided on a voluntary basis or imposed by legal obligations; | (e) “special conditions or preferential treatment” means specific conditions, including those related to financial conditions, or differentiated treatment related to assistance and support such as free access, reduced tariffs, priority access, offered to persons with disabilities and/or, when applicable, to person(s) accompanying or assisting them including personal assistant(s) or assistance dogs or guide dogs recognised in accordance with the national legislation or practices as such, irrespective whether provided on a voluntary basis or imposed by legal obligations; |
Non-discrimination of persons with disabilities. Persons with disabilities should enjoy all rights on the same basis as others. This includes being able to enjoy the free movement of persons without obstacles to their movement and with the individual support that each person needs.
| Text proposed by the Commission | Amendment |
|---|---|
| (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), | (a) Union citizens and residents and family members of Union citizens and residents whose disability status is recognised by the competent authorities in the Member State of their residence by means of a certificate, a card or any other formal document issued in accordance with national competences, practices, and procedures, as well as, when applicable, to person(s) accompanying or assisting them including personal assistant(s), as well as guide and assistance dogs, |
Non-discrimination of persons with disabilities. Persons with disabilities should enjoy all rights on the same basis as others. This includes being able to enjoy the free movement of persons without obstacles to their movement and with the individual support that each person needs.
| Text proposed by the Commission | Amendment |
|---|---|
| (b a) Any person with a factual disability, according to the meaning stated in Article 1 of the CRPD, when they reside and are displaced in an EU State other than their own, even if they do not have a disability status recognised by their Member State of residence. |
Non-discrimination of persons with disabilities. Persons with disabilities should enjoy all rights on the same basis as others. The proposal argues that all persons with disabilities covered by the CRPD, as stated in Article 1(1), should be protected against discrimination of any kind. It would be inconsistent for the EU to have ratified this International Treaty and at the same time propose legislation that allows discrimination against a large proportion of persons with disabilities.
| Text proposed by the Commission | Amendment |
|---|---|
| (b b) Persons with disabilities in a situation of international protection in an EU member state. |
The EU incorporated the requirements for eligibility for international protection into its own body of law, and expanded the concept by creating a category of persons entitled to international protection apart from refugees, namely beneficiaries of subsidiary protection.
| Text proposed by the Commission | Amendment |
|---|---|
| (b c) Citizens of the Union who have a medical certificate of diagnosis of autism spectrum disorder issued or validated by the health services supported by public funds. |
Many people with ASD in the EU receives a late diagnosis, without access to specialized support resources. Much of The disability assessment systems doesn’t recognize autism, and it’s not covered by this Directive; therefore many people with ASD do not have any disability certification, only a diagnosis, increasing, among others, isolation and exclusion. Intellectual disability is sometimes associated with ASD, but it isn’t a defining part of it. This is recognized in the international classifications (DSM 5). The AM aims to comply with the provisions of resolution 2023/2728(RSP); Art. 6 and 7.
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. Member States shall take all necessary measures to recognise all persons with disabilities who are holders of a European Disability Card as being specially protected against discrimination on the grounds of disability, with the consequent right of access throughout the EU to the remedies and mechanisms provided against breaches of rights and lack of effective equal treatment. |
This new paragraph responds to the imperative need for the Directive to introduce at least a minimum of concrete measures to reinforce its effectiveness by guiding Member States' action, in order to ensure that it is in line with the objectives of the Directive and thus fulfils the mandate of the CRPD. Non-discrimination of persons with disabilities. Persons with disabilities should enjoy all rights on the same basis as others. Persons with disabilities can only enjoy free movement of persons if there is full recognition of disability status in all EU member states.
| Text proposed by the Commission | Amendment |
|---|---|
| (a) when special conditions or preferential treatment referred to in paragraph 1 of this Article include favourable conditions for person(s) accompanying or assisting them including personal assistant(s) or specific conditions for assistance animals, these favourable or specific conditions are granted on equal terms and conditions to the person(s) accompanying or assisting them, including personal assistant(s) or assistance animals of the holder of a European Disability Card; | (a) when special conditions or preferential treatment referred to in paragraph 1 of this Article include favourable conditions for person(s) accompanying or assisting them including personal assistant(s) or specific conditions for assistance animals, these favourable or specific conditions are granted on equal terms and conditions to the person(s) accompanying or assisting them, including personal assistant(s) or guide and assistance dogs of the holder of a European Disability Card; |
Non-discrimination of persons with disabilities. Persons with disabilities should enjoy all rights on the same basis as others. This includes being able to enjoy the free movement of persons without obstacles to their movement and with the individual support that each person needs.
| Text proposed by the Commission | Amendment |
|---|---|
| (b) when parking conditions and facilities referred to in paragraph 2 of this Article include favourable conditions for person(s) accompanying or assisting them including personal assistant(s), these favourable conditions are granted on equal terms and conditions to the person(s) accompanying or assisting them, including personal assistant(s) of the holder of the European Parking Card for persons with disabilities. | (b) when parking conditions and facilities referred to in paragraph 2 of this Article include favourable conditions for person(s) accompanying or assisting them including personal assistant(s), these favourable conditions are granted on equal terms and conditions to the person(s) accompanying or assisting them, including personal assistant(s) of the holder of the European Parking Card for persons with disabilities, provided that the card holder is in the vehicle. |
A personal assistant of a person with disabilities performs or collaborates with them in every day tasks, Bearing in mind that the purpose of the provision of support or assistance isto promote independent living and the inclusion of people with disabilities in the community; it’s essential that persons accompanying or assisting the holder of the European Parking Card are included. The aim of the regulation is not in itself to benefit the person accompanying or assisting the disabled person, so the legal provisions of this regulation are applicable as long as the card holder is in the vehicle.
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. Service providers shall comply with the following obligations and measures: | |
| (a) Service providers are obliged to recognise holders of the European Disability Card as persons who are specially protected against discrimination on the grounds of disability by guaranteeing them the right of access throughout the EU to the remedies and mechanisms available to them againstinfringements of their rights. | |
| (b) Service providers shall ensure that they provide services in accordance with the accessibility requirements set out in this Directive. | |
| (c) Service providers shall produce the necessary information in accordance with Annex I and explain how their services comply with the applicable accessibility requirements. The information shall be made available to the public in a form that is universally accessible to all persons with disabilities. (d) In the event of non-compliance, service providers shall take the necessary corrective measures to bring the service into compliance with the applicable universal accessibility requirements. |
This new paragraph aims of preventing the risk of diluting the responsibilities of public and private service and activity providers. The pre-eminence given in the text to the power of operators to ensure compliance with equal access cannot be absolute. The proposal should at least include a minimum set of due diligence obligations to ensure a homogeneous system of duties for service providers throughout the EU.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. European Disability Cards issued by Member States shall be mutually recognised in all Member States. | 2. European Disability Cards issued by Member States shall be mutually recognised in all Member States and before the UE institutions. The European Disability Card will be compatible with any national disability recognition card or certificate. |
European Disability Cards issued by Member States shall be mutually recognised in all Member States and before the UE institutions. The European Disability Card will be compatible with any national disability recognition card or certificate.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The European Disability Card shall be issued or renewed by the Member State of residence directly or upon application by the person with disabilities. It shall be issued and renewed within the same period set in the applicable national legislation for issuing disability certificates, disability cards or any other formal document recognising the disability status of a person with disabilities. | 4. The European Disability Card shall be issued or renewed by the Member State of residence upon application by the person with disabilities. It shall be issued and renewed within the same period set in the applicable national legislation for issuing disability certificates, disability cards or any other formal document recognising the disability status of a person with disabilities. In the event of a change of country of residence, the renewal period may be extended by 6 to 8 months. |
The voluntary nature of the European Disability Card should be emphasised. People with disabilities can decide for themselves whether they wish to apply for the card, without being forced to hold the card in order to prove a disability.
| Text proposed by the Commission | Amendment |
|---|---|
| 5 a. The European Disability Card will be issued (first and subsequent issues) free of charge, at no cost to the person applying for it. |
The creation of a new right should not entail additional costs, bureaucratic red tape oronerous administrative burdens for persons with disabilities. Moreover, people with disabilities are an extremely vulnerable population group in social and economic terms, who should benefit from this positive action measure of exemption from payment for the issuing of the European Disability Card.
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The validity of the European Disability Card issued by a Member State shall be at least for the same duration as that of the disability certificate, disability card or any other formal document with the longest duration recognising their disability status issued to the person concerned by the competent authority of the Member State in its territory. | 6. The validity of the European Disability Card issued by a Member State shall be at least for the same duration as that of the disability certificate, disability card or any other formal document with the longest duration recognising their disability status issued to the person concerned by the competent authority of the Member State in its territory. In the event of a change of country of residence, the renewal period may be extended by 6 to 8 months. |
Validity and mutual recognition raise issues of possible 'unprotection' in case a citizen changes country of residence, and the application process for a national card is longer than the validity of the European Card issued by the original Member State.
| Text proposed by the Commission | Amendment |
|---|---|
| 7 a. Universal accessibility shall be ensured throughout the process related to the format, mutual recognition, issuing and validity of the European Disability Card. |
Ensuring universal accessibility. According to the mandate set out in Article 9 of the CRPD, the European Disability Card should serve to promote the provision of goods, products and services in universally accessible conditions and formats. The European Disability Card should be issued on a tangible and digital medium, in both cases universally accessible, including cognitive accessibility conditions.
| Text proposed by the Commission | Amendment |
|---|---|
| 7 b. In the event that the same person with a disability holds both the European Disability Card and the Parking Card, flexible and simple formulas will be established that allow for the same material and/or digital support, in order to avoid unnecessary administrative burdens. |
The proposal aims to avoid cumbersome duplication, bureaucracy and administrative burdens that we believe new accessible technologies can easily avoid.
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The European Parking Card for persons with disabilities shall be issued or renewed by the Member State of residence upon application by the person with disabilities. It shall be issued or renewed within a reasonable period from the date of the application which shall not exceed 60 days. | 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. The presentation of the application for renewal of the parking card within the period provided for in the applicable State regulations, extends the validity of the previously issued card until the resolution of the procedure. In the event that the application is submitted within ninety calendar days after the date on which the validity of the last card issued has expired, it will be understood that the validity of the card will continue to be valid until the resolution of the corresponding renewal procedure. |
We wish to emphasise the importance that the validity and recognition of the European Disability Card should not be subject to extension procedures that could lead to situations of legal unprotection for people with disabilities.
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. In addition, the European institutions should disseminate information and training on the European Disability Card on an ongoing basis, through successive training and awareness-raising campaigns on its use, in formats that ensure universal accessibility and with the participation of persons with disabilities and their representative organisations. This information should clearly include the voluntary nature of the card. Specific funding lines should be made available within the Union for this purpose. |
European institutions themselves, especially the European Commission, should be activelyinvolved in providing information about this essential tool for ensuring the free movement of persons in the Union, and to do so by ensuring its universal accessibility. These campaigns will help to increase acceptance and knowledge of the cards. We also consider training programmes for service providers across the EU to be essential in order to ensure that adequate services are offered.
| Text proposed by the Commission | Amendment |
|---|---|
| 7 a. In order to establish a centralized information system at EU level, it would be necessary to create a website containing all information about the European Disability Card or the European Parking Card for people with disabilities and, where applicable, how to apply for it, in a universally accessible format, in all languages of the European Union, including sign language, easy-toread and alternative and augmentative means of comunication, should be set up. |
Establishing a centralised information system at EU level storing the relevant data of European Disability Card holders will allow service providers in all Member States to easily verify the authenticity of the card and access the information needed to provide appropriate services. In addition, this system could include a real-time notification function to update the validity of the cards and ensure their up-to-date and secure use throughout the European Union.
| Text proposed by the Commission | Amendment |
|---|---|
| 7 b. Representative organisations of persons with disabilities should be involved in the whole process of development, planning, implementation, monitoring and evaluation. |
Civil dialogue. This proposal is justified by the principle of civil dialogue and co-governance mandated by the CRPD. Organised disability civil society has a key role to play in the whole legislative process leading to the transposition of the standard. Civil society organisations provide expertise and represent the interests of persons with disabilities in the process.
| Text proposed by the Commission | Amendment |
|---|---|
| (a) provisions whereby persons with disabilities may take action under national law before the courts or before the competent administrative bodies in case of violations of their rights under this Directive and in national provisions implementing this Directive; | (a) provisions whereby persons with disabilities and their representative organisations may take action under national law before the courts or before the competent administrative bodies in case of violations of their rights under this Directive and in national provisions implementing this Directive; |
Civil dialogue. This proposal is justified by the principle of civil dialogue and co-governance mandated by the CRPD. Organised disability civil society has a key role to play in the whole legislative process leading to the transposition of the standard. Civil society organisations provide expertise and represent the interests of persons with disabilities in the process.
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. An authority should be established to set up an institutional mechanism to monitor and control compliance with the regulations related to the implementation, monitoring and evaluation of the European Disability Card. |
The proposal is based on the need to guarantee effective application of the standard, for which we consider it essential to include a regulatory compliance policy and an institutional mechanism for monitoring and controlling compliance, together with a structure for channelling the collection of suggestions and complaints from users. The European Commission should constantly monitor the implementation of the standard and carry out regular evaluations of its effectiveness. This will allow the needed adjustments and ensure in the benefit of persons with disabilities in the EU.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. They shall apply those provisions from dd/mm/yy [30 months from the date of entry into force of this Directive]. | 2. They shall apply those provisions from dd/mm/yy [20 months from the date of entry into force of this Directive]. |
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Sources & citation
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- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2023). “DRAFT OPINION on the proposal for a directive of the European Parliament and of the Council establishing the European Disability Card and the European Parking Card for persons with disabilities”. Text, 20 November 2023. docId FEMM-PA-754897. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/FEMM-PA-754897 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/FEMM-PA-754897 (CC BY 4.0).
BibTeX
@misc{epw-text-femm-pa-754897,
author = {{European Parliament}},
title = {{DRAFT OPINION on the proposal for a directive of the European Parliament and of the Council establishing the European Disability Card and the European Parking Card for persons with disabilities}},
year = {2023},
date = {2023-11-20},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/FEMM-PA-754897}},
url = {https://news.eu-parl.st-solutions.dev/texts/FEMM-PA-754897},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId FEMM-PA-754897. Data: EP Open Data API: document record (CC BY 4.0)}
}