Text · Opinion parliamentary committee
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 TRAN-AD-755987 · COM(2023)0512 – C90328/2023 – 2023/0311(COD)
- Kind
- Opinion parliamentary committee TRAN-AD-755987
- Date
- 7 December 2023
- Committee
- Committee on Transport and Tourism
- Rapporteur
- Erik Bergkvist
- Dossier
- 2023-0311
More facts (3)
- Formats
- Official page PDF Word
- Subject matter
- SOCI, DISC, LCP
- Reference
- COM(2023)0512 – C90328/2023 – 2023/0311(COD)
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Short justification
The objective of this initiative is to create a European Disability Card that will serve as proof of a recognised disability status. The proposal provides for mutual recognition of the European Disability Card in all Member States, thereby granting cardholders travelling to or visiting another Member State access on equal terms and conditions as the residents of the visited Member State, to existing special conditions or preferential treatment in relation to various services, activities and facilities.
Your rapporteur welcomes the Commission’s proposal, which answers to the long-standing call of all disability movements to ensure better treatment of persons with disabilities and allow them to benefit from special conditions outside of their home country. Your rapporteur also supports the Commission’s initiative to combine the European Disability Card with the European Parking Card for persons with disabilities into one single proposal.
This proposal will establish the main rules governing the issuance of the European Disability Card, and the European Parking Card for persons with disabilities, as well as common standardised models for the two cards.
As regards the European Parking Card for persons with disabilities, the proposal will replace the system put in place by Council Recommendation 98/376/EC as specific national additions and deviations from the recommended model have led to a proliferation of different cards hindering their cross-border recognition. The current proposal therefore provides for common rules and conditions governing the issuance of the card and a common template to be applied by all Member States replacing all the multiple existing national parking cards.
Your Rapporteur believes that this proposal will set the basis for free movement for persons with disabilities, on the same level as any other person. Indeed, whereas all EU citizens have the right to move freely within the Union, in practice this right is often compromised for persons with disabilities, whose mobility in daily life is impeded by a structural lack of accessibility and adequate services. It is urgent to overcome these barriers and ensure full non-discrimination and equality in access to services, so that people with disabilities can enjoy the same rights as the rest of society, also in practice. The creation of a common European Disability Card and a European Parking Card for persons with disabilities is a promising step in this direction. However, the Commission’s proposal can be further improved in this regard.
It is important that the new European cards are easy to access, to use and free of charge. Therefore, your Rapporteur proposes that each Member State shall establish a National Contact Point as a ‘one-stop shop’ providing information and guidance to users on the conditions and services included in the new European cards in their territory, as well as the conditions and services granted under relevant national cards and certificates. These national contact points shall be connected through a European web portal, together with the official websites in each Member State, to facilitate that holders of the respective cards can get a clear overview of the conditions and services applying in each Member State.
Furthermore, your Rapporteur is convinced that the digital format of the European cards will provide substantial added value for the holders, once the technical format and specifications have been set. To this effect, the Commission shall adopt delegated acts no later than 12 months after the entry into force of this Directive, to avoid any unwarranted delays in this process.
Moreover, it is necessary to ensure that holders of the European Disability Card using cross-border passenger services are not negatively impacted in cases where Member States apply different conditions or preferential treatments. Therefore, your Rapporteur proposes that Member States shall ensure that operators provide clear information to travellers at the time of purchase on what parts of the operations where those special conditions or preferential treatments apply, to avoid that passengers travelling from a Member State would risk finding themselves without a valid travel document when entering another Member State.
Still, this proposal should also not impose a bureaucratic burden on Member States which is why your rapporteur decided to refrain from amending the scope and letting Member States decide depending on their current national practices.
Finally, to ensure that this Directive remains fit for purpose and continues to improve the functioning of the European Disability Card and the European Parking Card for people with disabilities, your Rapporteur proposes that the Commission shall regularly assess whether the Directive has met its objectives as well as its interaction with other relevant Union legal acts, and, if appropriate, make a legislative proposal to amend the Directive.
The Committee on Transport and Tourism 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 |
|---|---|
| (3) Every citizen of the Union has the fundamental right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give effect to them. | (3) Every citizen of the Union has the fundamental right to move and reside freely within the territory of the Member States, with the easiest possible access to public and private means of transport, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give effect to them. |
| Text proposed by the Commission | Amendment |
|---|---|
| (4) According to the Court of Justice of the European Union, citizenship of the Union is destined to be the fundamental status of nationals of the Member States when exercising the right to move and reside within the territory of the Member States, enabling those who find themselves in the same situation to enjoy, within the scope ratione materiae of the TFEU, the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for. | (4) According to the Court of Justice of the European Union, citizenship of the Union is destined to be the fundamental status of nationals of the Member States when exercising the right to move and reside within the territory of the Member States, enabling those who find themselves in the same situation to enjoy, within the scope ratione materiae of the TFEU, the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for. The right to free movement should also apply to third country nationals who have legal residence in a Member State of the European Union and a recognised disability in that Member State, in the interest of equal treatment. Therefore, this Directive is complemented by a separate legal act, which will bridge the legal gap between EU citizens and legally residing third country nationals in this regard and provide for more legal certainty. |
| 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 UNCRPD recognises that the interaction of persons with disabilities’ impairments with various physical, administrative, technological, societal and infrastructural barriers can result in discriminatory treatments. The purpose of the UNCRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect of their inherent dignity, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure accessibility to persons with disabilities and to ensure that persons with disabilities enjoy personal mobility with the greatest possible independence. |
| Text proposed by the Commission | Amendment |
|---|---|
| (7) The European Pillar of Social Rights, proclaimed by the European Parliament, the Council and the European Commission at Gothenburg on 17 November 201740 provides that everyone, inter alia regardless of disability, has the right to equal treatment and opportunities regarding, among others, access to goods and services available to the public (principle 3). In addition, the European Pillar of Social Rights recognises that persons with disabilities have the right to services that enable them to participate in society (principle 17). | (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 services that enable them to participate in society and economy as well as to a work environment fit to their needs (principle 17). |
| 40 Interinstitutional Proclamation on the European Pillar of Social Rights, OJ C 428, 13.12.2017, p. 10. | 40 Interinstitutional Proclamation on the European Pillar of Social Rights, OJ C 428, 13.12.2017, p. 10. |
| Text proposed by the Commission | Amendment |
|---|---|
| (7 a) The equality and non-discrimination mandate contained in Article 5 of the CRPD is relevant to this Directive, as the European Disability Card is meant to accelerate the equality of persons with disabilities through global recognition within the EU and in its Member States. |
| Text proposed by the Commission | Amendment |
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| (8 a) The Strategy for the Rights of Persons with Disabilities 2021-2030 intends to tackle the diverse challenges that persons with disabilities face and progress in all areas of the United Nations Convention on the Rights of Persons with Disabilities, both at EU and Member State level. |
| Text proposed by the Commission | Amendment |
|---|---|
| (9 a) This Directive lays down the rules governing the issuance of the European Disability Card and the European Parking Card for persons with disabilities which, in the latter case, automatically replaces the equivalent existing national parking cards. To decrease bureaucratic burdens both for national authorities and, most importantly, for persons with disabilities, the European Disability Card should replace existing national disability recognition cards or certificates in cases where the scope and application of these cards is identical to that of the European Disability Card, and in cases where the scope and application are not identical, when the national disability card or certificate is issued beneficiaries shall should also automatically receive a European Disability Card. |
| Text proposed by the Commission | Amendment |
|---|---|
| (9 b) With a view to strengthen the effectiveness of the European Disability Card and of the European Parking Card for persons with disabilities and their added value in terms of facilitating the free movement of holders of these cards, the Commission should as part of the revision of this Directive thoroughly assess the national frameworks related to the recognition of a disability status and issuance of a disability card and parking certificate, in view to harmonise the definition of disability and to ensure mutual recognition of disability status across Member States. Furthermore, the Commission should also assess any impact of the European Disability Card and the European Parking Card for persons with disabilities with respect to national frameworks in which the preferential treatment of the disabled persons differs based on the level of disability or other conditions. |
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Due to the lack of recognition of disability status between Member States, persons with disabilities may face specific difficulties when exercising their fundamental rights of free movement. | (10) Due to the lack of mutual recognition of disability status between Member States, persons with disabilities often face specific and significant difficulties when exercising their fundamental rights of equal treatment, non-discrimination and free movement. Moreover, the limited availability of online information on their specific rights and advantages exacerbates this problem. |
| Text proposed by the Commission | Amendment |
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| (11) Persons with disabilities moving for longer periods to other Member States for employment, study or other purposes, except where otherwise provided by law or agreed among Member States, may have their disability status assessed and formally recognised by the competent authorities in the other Member State and may receive a disability certificate, a disability card or any other formal document recognising their disability status in accordance with applicable rules of that Member State. | (11) Persons with disabilities moving for longer periods to other Member States for employment, study or other purposes, except where otherwise provided by law or agreed among Member States, may have their disability status assessed and formally recognised by the competent authorities in the other Member State and could be granted access to social security benefits, social protection and social assistance there, for a time-limited period during this assessment, and may receive a disability certificate, a disability card or any other formal document recognising their disability status in accordance with applicable rules of that Member State. |
| Text proposed by the Commission | Amendment |
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| (12) However, persons with recognised disability status travelling to or visiting for a short period of time a Member States other than the Member State in which they reside, may encounter significant difficulties, if their disability status is not recognised in the Member State they travel to or visit and if they do not hold a certificate, disability card or any other formal document recognising their disability status in the host Member State, in order to benefit from special conditions and/or preferential treatment offered there. | (12) Persons with recognised disability status travelling to, visiting, studying, working in or moving to 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 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. |
| Text proposed by the Commission | Amendment |
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| (13) In this case, persons with disabilities travelling to or visiting another Member State are put at a disadvantage when exercising their free movement rights as compared to persons with disabilities holding a disability certificate, a disability card or any other formal document recognising their disability status in the Member State they travel to or visit. | (13) In this case, persons with disabilities travelling to, visiting, studying or working in or moving to another Member State are put at a disadvantage when exercising their free movement rights as compared to persons without disabilities and persons with disabilities holding a disability certificate, a disability card or any other formal document recognising their disability status in that Member State. |
| Text proposed by the Commission | Amendment |
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| (13 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. |
| Text proposed by the Commission | Amendment |
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| (13 b) The European Union has ratified the Convention on preventing and combating violence against women and domestic violence, the Istanbul Convention. |
| Text proposed by the Commission | Amendment |
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| (14) Furthermore, not knowing whether and, if so, to what extent their disability status and formal documents recognising this status may be recognised when travelling to or visiting another Member State, creates uncertainty for them. Ultimately, persons with disabilities may be deterred from exercising their rights of free movement. | (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, visiting, studying or working in or moving to another Member State, creates significant uncertainty for them. Ultimately, persons with disabilities may be deterred from exercising their rights of free movement and from being fully part of society. |
| Text proposed by the Commission | Amendment |
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| (14 a) Considering both demographic changes such as an aging population and the need to increase the mobility of persons with disabilities and their participation in society, Member States and local authorities should make all possible efforts to ensure that the accessibility of public transport, public spaces and infrastructures meets the needs of persons with disabilities. |
| Text proposed by the Commission | Amendment |
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| (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 physical and other barriers in accessing both public and private spaces and services, high expenses are a key factor discouraging many persons with disabilities from travel48 , because they have specific needs and may also require person(s) accompanying or assisting them including those recognised as personal assistant(s) in accordance with national legislation or practices, making their travel costs higher than for persons without disabilities49 . The lack of recognition of disability status in other Member States might limit their access to special conditions, such as free access or reduced tariffs, priority spots in public transport, or clearly visible and reserved parking spaces, or preferential treatment, thus having a negative impact on their travel costs, lives, choices and personal autonomy. |
| 48 Findings from Final Report based on Survey targeted at EU-level CSOs; Shaw and Coles, ‘Disability, holiday making and the tourism industry in the UK: a preliminary survey’, 25(3) Tourism Management (2004) 397-403; Eugénia Lima Devile and Andreia Antunes Moura (2021), Travel by People With Physical Disabilities: Constraints and Influences in the Decision-Making Process. | 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?] |
| Text proposed by the Commission | Amendment |
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| (16) Preferential treatment (such as personal assistance, priority access, etc.) offered with or without remuneration may be important for persons with disabilities to be able to access various services, activities or facilities and to better experience them. However, due to the lack of recognition, in the Member State they visit or travel to, of their disability status and of formal documents recognising this status issued in other Member States, persons with disabilities may not be able to benefit from the special conditions or preferential treatment offered by private operators or public authorities in that Member State to holders of a disability certificate, disability card or any other formal document recognising their disability status issued there. | (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 better experience them. However, due to the lack of mutual recognition, in the Member State they visit, travel to, study or work in or move to, of their disability status and of formal documents recognising this status issued in other Member States, persons with disabilities may not be able to benefit from the special conditions or preferential treatment offered by private operators or public authorities in that Member State to holders of a disability certificate, disability card or any other formal document recognising their disability status issued there. This is de facto limiting their freedom of movement. |
| Text proposed by the Commission | Amendment |
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| (17) The Pilot Project on the EU Disability card launched in 2016 and carried out in eight Member States, demonstrated the advantages for persons with disabilities in accessing services in the areas of culture, leisure, sport, and, in some cases, transport, and supporting their cross-border movement in the EU for a short period50 . In addition, it included other examples of services, activities and facilities which offer special conditions or preferential treatment to persons with disabilities. | (17) The Pilot Project on the EU Disability card launched in 2016 and carried out in eight Member States, demonstrated the advantages for persons with disabilities in accessing services in the areas of culture, leisure, sport, and, in some cases, transport, and supporting their cross-border movement in the EU for a short period50 . In addition, it included other examples of services, activities, transport infrastructure and facilities which offer special conditions or preferential treatment to persons with disabilities. |
| 50 See also the Final Report of the Study assessing the implementation of the pilot action on the EU Disability Card and associated benefits, published in May 2021, https://op.europa.eu/en/publication-detail/-/publication/4adbe538-0a02-11ec-b5d3-01aa75ed71a1/language-en. | 50 See also the Final Report of the Study assessing the implementation of the pilot action on the EU Disability Card and associated benefits, published in May 2021, https://op.europa.eu/en/publication-detail/-/publication/4adbe538-0a02-11ec-b5d3-01aa75ed71a1/language-en. |
| Text proposed by the Commission | Amendment |
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| (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/EC51 has provided for a European model of a parking card for persons with disabilities, which has facilitated the recognition of the parking card across Member States. However, its implementation and the inclusion of national specific additions or deviations from the recommended model have led to a variety of different cards. This hinders the cross-border recognition of the cards across Member States, hampering the access of persons with disabilities to parking conditions provided and facilities reserved for persons with disabilities who are holders of a parking card in other Member States. Moreover, the Council Recommendation has not been updated to reflect ongoing technological and digitalisation developments. Member States also experience problems with fraud and forgery of the cards, as the format is usually quite simple and easily forged and in practice different in each Member States, which makes it difficult to verify. Access to services should be instantaneous without requiring a new application in case of moving to another country. |
| 51 Council Recommendation of 4 June 1998 on a parking card for people with disabilities (OJ L 167, 12.6.1998, p. 25), as adapted by Council Recommendation of 3 March 2008 by reason of accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic OJ L 63/43,7.3.2008. | 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. |
| Text proposed by the Commission | Amendment |
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| (20) In order to facilitate the access by persons with disabilities to special conditions or preferential treatment related to services, activities and facilities, including when provided not for remuneration, in other Member States, remaining barriers and difficulties in travelling to or visiting another Member State due to the lack of recognition of their disability status and of formal documents recognising this status issued in other Member States and parking rights should be removed. | (20) In order to facilitate the access by persons with disabilities to special conditions or preferential treatment related to services such as passenger transport services, activities, transport infrastructure and facilities, including when provided not for remuneration, in other Member States, remaining infrastructural, legal, economic and administrative barriers and difficulties in travelling to, visiting, studying or working in or moving to another Member State due to the lack of mutual recognition of their disability status and of formal documents recognising this status issued in other Member States and parking rights should be removed. |
| Text proposed by the Commission | Amendment |
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| (21) Therefore, in view of facilitating the exercise by persons with disabilities when travelling to or visiting another Member State for a short period, of the rights to access special conditions or preferential treatment offered by private operators or public authorities without discrimination on grounds of nationality on the same basis as persons with disabilities in that Member State, and in view of facilitating the use of transport and benefiting from parking conditions and facilities reserved for persons with disabilities on the same basis as in that Member State, it is necessary to establish the framework, rules and common conditions, including a common standardised model, for a European Disability Card as proof of recognised disability status and for a European Parking Card for persons with disabilities, as proof of their recognised right to parking conditions and facilities reserved for persons with disabilities. | (21) Therefore, in view of facilitating the exercise by persons with disabilities when travelling to, visiting studying or working in or moving to another Member State of the rights to access special conditions or preferential treatment offered by private operators or public authorities without discrimination on grounds of nationality on the same basis as persons with disabilities in that Member State, and in view of facilitating the use of all means of transport and benefiting from parking conditions and facilities reserved for persons with disabilities on the same basis as in that Member State, it is necessary to establish the framework, rules and common conditions, including a common, standardised model, for a European Disability Card as proof of recognised disability status and for a European Parking Card for persons with disabilities, as proof of their recognised right to parking conditions and facilities reserved for persons with disabilities. |
| Text proposed by the Commission | Amendment |
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| (22 a) In order for people with disabilities to fully benefit from the European Disability Card and the European Parking Card for persons with disabilities, Member States should establish clear, accessible and up-to-date websites containing the relevant information regarding the rights and advantages of card holders. |
| Text proposed by the Commission | Amendment |
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| (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. | (23) Beside parking conditions, infrastructure and facilities, the services, activities and facilities covered by this Directive concern a wide variety of ever-changing activities, including activities provided not for remuneration, by public authorities or private operators, either on a mandatory (on the basis of national/local rules or legal obligations) but often also on a voluntary basis (in particular by private operators) in a variety of policy domains, such as culture, leisure, tourism, sports, public and private transport, education. |
| Text proposed by the Commission | Amendment |
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| (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, access to restricted traffic zones and pedestrian zones, priority seats in public transports, designated and easily 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 of great importance for people with disabilities including visual impairment, assistance on the beach to enter the water, support (such as access to braille, audio guides, sign language interpretation), provisions of aids or assistance, loan of a wheelchair, zero or reduced interest rate loan of a floating wheelchair, obtaining tourist information in accessible formats, using a mobility scooter on roads or a wheelchair in bike lanes without a fine, etc. Parking conditions and facilities include extended parking or reserved and easily accessible 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) should be entitled to travel free of charge and be seated, where practicable next to the person with disabilities. Persons accompanying or assisting persons with disabilities are designated by the person with disabilities themselves and can change on an ad hoc basis depending on their needs. |
| Text proposed by the Commission | Amendment |
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| (24 a) In cases where in a Member State special conditions or preferential treatments apply to cross-border passenger transport operations under the European Disability Card, the Member States should take measures to ensure that operators of those operations provide clear information to travellers at the time of purchase on what parts of the operations where those special conditions or preferential treatments apply, to avoid that travellers holding the European Disability Card would risk finding themselves without a valid travel document when entering another Member State where the same passenger operation is not subject to the same special conditions or preferential treatments. |
| Text proposed by the Commission | Amendment |
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| (25) The issuance of the European Disability Card and the European Parking Card for persons with disabilities in a Member State is to be determined by this Directive together with that Member State’s applicable procedures and competences for the assessment and recognition of disability status and parking rights for persons with disabilities. | (25) The issuance of the European Disability Card and the European Parking Card for persons with disabilities in a Member State is to be determined by this Directive together with that Member State’s applicable procedures and competences for the assessment and recognition of disability status and parking rights for persons with disabilities. The issuance and renewal of the European Disability Card and the European Parking Card for persons with disabilities should always be free of charge. |
| Text proposed by the Commission | Amendment |
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| (25 a) Member States should ensure that the European Disability Card and the European Parking Card for persons with disabilities contain all relevant information also in braille. |
| Text proposed by the Commission | Amendment |
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| (27) The issuance of the European Disability Card and the European Parking Card for persons with disabilities entails the processing of personal data, including in particular the data concerning the card holder’s disability status, which constitutes ‘data concerning health’ within the meaning of Article 4(15) of Regulation (EU) 2016/67953 and is a special category of personal data within the meaning of Article 9 of that Regulation. Any personal data processing in the context of this Directive should comply with applicable data protection legislation, in particular Regulation (EU) 2016/679. When transposing this Directive, the Member States should ensure that the national legislation include appropriate safeguards applicable to the processing of personal data, in particular special categories of personal data. The Member States should also ensure the security, integrity, authenticity and confidentiality of the data collected and stored for the purpose of this Directive | (27) The issuance of the European Disability Card and the European Parking Card for persons with disabilities entails the processing of personal data, including in particular the data concerning the card holder’s disability status, which constitutes ‘data concerning health’ within the meaning of Article 4(15) of Regulation (EU) 2016/67953 and is a special category of personal data within the meaning of Article 9 of that Regulation. Any personal data processing in the context of this Directive should comply with applicable data protection legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council and Directive 2002/58/EC of the European Parliament and of the Council1a. When transposing this Directive, the Member States should ensure that the national legislation include appropriate safeguards applicable to the processing of personal data, in particular special categories of personal data. The Member States should also ensure the security, integrity, authenticity and confidentiality of the data collected and stored for the purpose of this Directive |
| 1a Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector, (Directive on privacy and electronic communications), OJ L 201, 31.7.2002, p. 37-47. | |
| 53 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). | 53 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). |
| Text proposed by the Commission | Amendment |
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| (28) The Member State responsible for issuing the European Disability Card or the European Parking Card for persons with disabilities should be the one where the person habitually resides within the meaning of Regulations (EC) Nos 883/2004 of the European Parliament and of the Council54 and (EC) No 987/2009 of the European Parliament and of the Council55 and received the assessment of their disability status. Holders of a European Disability Card or European Parking Card for persons with disabilities should be able to use the cards during their stay in any other Member State. | (28) The Member State responsible for issuing the European Disability Card or the European Parking Card for persons with disabilities should be the one where the person habitually resides within the meaning of Regulations (EC) Nos 883/2004 of the European Parliament and of the Council54 and (EC) No 987/2009 of the European Parliament and of the Council55 and received the assessment of their disability status. Holders of a European Disability Card or European Parking Card for persons with disabilities should always be able to use the cards during their stay in any other Member State, as well as in any means of transport. |
| 54 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1) | 54 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1) |
| 55 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1). | 55 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1). |
| Text proposed by the Commission | Amendment |
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| (29) In order to guarantee that workers with disabilities can effectively exercise their rights to free movement fully and also enjoy services, activities and facilities offered by Member States, including when provided not for remuneration, the European Disability Card and the European Parking Card for persons with disabilities should also be available to workers who travel to or visit another Member State for work-related purposes. | (29) In order to guarantee that workers with disabilities can effectively exercise their rights to free movement fully and also enjoy services, transport infrastructure, activities and facilities offered by Member States, including when provided not for remuneration, the European Disability Card and the European Parking Card for persons with disabilities should also be available to workers who travel to or visit another Member State for work-related purposes, including cross-border workers with disabilities. |
| Text proposed by the Commission | Amendment |
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| (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 . | (30) The envisaged framework for mutual and automatic recognition of the European Disability Card and the European Parking Card for persons with disabilities does not impinge on the competences of a Member State to assess and recognise the disability status and to grant 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. However, to ensure freedom of movement and equal opportunities for persons with disabilities, Member States may cover social security benefits, social protection and social assistance for a time-limited period to allow for the temporary recognition of the disability status of the holder of a European Disability Card when moving to another Member State for employment or studies, including participation in an EU mobility programme such as ERASMUS+, until the new Member State has completed the reassessment of the disability status. In such cases, these provisions should also be extended to family members of a card holder. |
| 56 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, OJ L 158, 30.4.2004, p. 77. | 56 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, OJ L 158, 30.4.2004, p. 77. |
| Text proposed by the Commission | Amendment |
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| (31) In order to raise awareness and facilitate access to special conditions or preferential treatment, while travelling to or visiting another Member State, all relevant information with respect to the conditions, rules, practices, and procedures applicable to obtain the European Disability Card and/or the European Parking Card for persons with disabilities and its subsequent use should be made publicly available in a clear, comprehensive, user-friendly manner and accessible formats 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 respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882. | (31) In order to raise awareness and facilitate access to special conditions or preferential treatment for persons with disabilities, while travelling to, visiting studying or working in or moving to 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 on the EU web portal 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 including by making all information available in the national sign language(s). Private operators or public authorities granting special conditions or preferential treatment to persons with disabilities should make such information publicly available in a clear, comprehensive, user-friendly manner and accessible formats, for persons with disabilities respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882. Furthermore, to ensure that the relevant information is easy to access and use for the public and persons with disabilities, Member States should designate a National Contact Point as a ‘one-stop shop’ providing information and guidance to users on the conditions and services included in the European Disability Card and the European Parking Card for persons with disabilities in its territory, as well as the conditions and services granted under relevant national cards and certificates. To further facilitate the dissemination of information and strengthen the utility of the cards for persons with disabilities, the Commission should establish a publicly accessible EU database making available this information from the Member States. The Commission should have sufficient oversight on the well functioning of the National Contact Points and should sufficiently be consulted. |
| Text proposed by the Commission | Amendment |
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| (33) In order to ensure the proper application of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement the directive to set the digital format of the European Disability Card and the European Parking Card for persons with disabilities, and to amend Annexes I and Annex II in order to modify the common features of the standardised format, adapt the format to technical developments, prevent forgery and fraud and ensure interoperability. | (33) In order to ensure the proper application of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement the directive to set the digital format of the European Disability Card and the European Parking Card for persons with disabilities, and to amend Annexes I and Annex II in order to modify the common features of the standardised format, adapt the format to technical developments, prevent forgery and fraud and ensure interoperability, security and testing of these digital formats, including verification features and the interoperability with national systems. |
| Text proposed by the Commission | Amendment |
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| (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 or private associations, organisations or other legal entities which have a legitimate interest may take action on behalf of a person with disabilities under national law. | (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 where these have been established, or private associations, organisations, in particular organizations representing 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. |
| Text proposed by the Commission | Amendment |
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| (a) the rules governing the issuance of the European Disability Card and the European Parking Card for persons with disabilities as proof respectively of a disability status or of a right to parking conditions and facilities reserved for persons with disabilities, in view of facilitating short stays of persons with disabilities in a Member State other than that of which they are a resident, by granting them access to any special conditions or preferential treatment with respect to services, activities or facilities, including when provided not for remuneration, or parking conditions and facilities offered to or reserved for persons with disabilities or person(s) accompanying or assisting them including their personal assistant(s); | (a) the rules governing the issuance of the European Disability Card and the European Parking Card for persons with disabilities , whose disability status is assessed and recognised by the competent authorities in a Member State of their residence, as proof respectively of a disability status or of a right to parking conditions and facilities reserved for persons with disabilities, in view of facilitating stays and the free movement of persons with disabilities in a Member State other than that of which they are a resident, by granting them the same access to any special conditions or preferential treatment as that offered to persons with a disability residing in the Member State with respect to services, activities or facilities, including when provided not for remuneration, or parking conditions and facilities offered to or reserved for persons with disabilities or person(s) accompanying or assisting them including their personal assistant(s); |
| Text proposed by the Commission | Amendment |
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| (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, freedom of movement, to all persons with disabilities, who so far face severe disadvantages in this domain; |
| Text proposed by the Commission | Amendment |
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| 2 a. A Member State may decide that the exemptions set out in paragraph 2 shall not apply in the following instances in order to ensure equal treatment and opportunities between its citizens and other Union citizens with disabilities: | |
| (a) where a holder of a European Disability Card moves to from another Member State to engage in an employment contract or enroll in an educational institution until the disability status has been reassessed by the competent authorities in the Member State of arrival; or | |
| (b) where a holder of a European Disability Card participates in an EU mobility programme. | |
| The provisions in this paragraph shall also apply to family members of a card holder complying with the conditions in points (a) and (b). |
| Text proposed by the Commission | Amendment |
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| 3. This Directive does not affect Member States’ competence to determine the conditions for assessing and recognising disability status, or for granting the right to parking conditions and facilities reserved for persons with disabilities. It does not affect Member States’ competence to issue in addition at national, regional or local level, a certificate, a disability card or any other formal document for persons with disabilities. | 3. This Directive does not affect Member States’ competence to determine the conditions for assessing and recognising disability status, or for granting the right to parking conditions and facilities reserved for persons with disabilities. Without prejudice to Article 6, paragraph 2a, it does not affect Member States’ competence to issue in addition at national, regional or local level, a certificate, a disability card or any other formal document for persons with disabilities. |
| Text proposed by the Commission | Amendment |
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| 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), as well as assistance animals such as guide dogs and assistance dogs. |
| Text proposed by the Commission | Amendment |
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| 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 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. |
| Text proposed by the Commission | Amendment |
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| (c) “persons with disabilities” means persons who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others; | (c) “persons with disabilities” means persons who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society and economy on an equal basis with others; |
| Text proposed by the Commission | Amendment |
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| (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, access to restricted traffic zones and pedestrian zones, priority seats in public transports, offered to persons with disabilities and/or, when applicable, to person(s) accompanying or assisting them including personal assistant(s) or assistance animals such as guide dogs or assistance dogs recognised in accordance with the national legislation or practices as such, irrespective whether provided on a voluntary basis or imposed by legal obligations; |
| Text proposed by the Commission | Amendment |
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| (f a) “EU mobility programme” means any programme that is temporary, lasts for a fixed period of time, and takes place in a Member State other than the person's state of residence, in the field of education, training, or for work related purposes. |
| Text proposed by the Commission | Amendment |
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| This Directive shall allow for the recognition of disability status for all Union citizens with disabilities participating in an EU mobility programme that has a fixed period of time. |
| Text proposed by the Commission | Amendment |
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| 1. Member States shall take the necessary measures to ensure that holders of a European Disability Card, while travelling to or visiting a Member State other than that of which they are a resident, shall be granted access on equal terms and conditions as those provided to persons with disabilities who are holders of a disability certificate, disability card or any other formal document recognising their disability status in that Member State, to any special conditions or preferential treatment offered with respect to the services, activities and facilities referred to in Article 2(1). | 1. Member States shall take the necessary measures to ensure that holders of a European Disability Card, while travelling to, visiting, studying, working in or moving to a Member State other than that of which they are a resident, shall be granted access on equal terms and conditions as those provided to persons with disabilities who are holders of a disability certificate, disability card or any other formal document recognising their disability status in that Member State, to any special conditions or preferential treatment offered with respect to the services, activities and facilities referred to in Article 2(1). |
| Text proposed by the Commission | Amendment |
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| (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 assistance animals, such as guide and assistance dogs of the holder of a European Disability Card; |
| Text proposed by the Commission | Amendment |
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| 1. Each Member State shall introduce the European Disability Card following the common standardised format set out in Annex I. Member States shall introduce digital features in physical cards using electronic means addressing fraud-prevention as part of the European Disability Card, as soon as the requirements concerning the digital features referred to in Annex I, are laid down by the Commission in the technical specifications referred to in Article 8. The digital storage medium shall not contain more personal data than the data provided for the European Disability Card in Annex I. | 1. Each Member State shall introduce the European Disability Card following the common standardised and accessible format as well as the 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. |
| 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 by the EU institutions. Without prejudice to Article 6, paragraph 2a, the European Disability Card will be compatible with any national disability recognition card or certificate. |
| Text proposed by the Commission | Amendment |
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| 2 a. In cases where the scope and application of the European Disability Card is identical to that of a Member State’s existing national disability recognition cards or certificates, that Member State shall replace any such national disability recognition card or certificate by the European Disability Card. In cases where the scope and application are not identical, when the national disability card or certificate is issued beneficiaries shall also automatically receive a European Disability Card. |
| Text proposed by the Commission | Amendment |
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| 3. Competent authorities in the Member States shall issue, renew or withdraw the European Disability Card in accordance with their national rules, procedures and practices. Without prejudice to Regulation (EU) 2016/679, Member States shall ensure the security, integrity, authenticity and confidentiality of the data collected and stored for the purpose of this Directive. The competent authority responsible for issuing the European Disability Card shall be considered as the controller referred to in Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of personal data. Cooperation with external service providers shall not exclude any liability on the part of a Member State which may arise under Union or national law in respect of breaches of obligations with regard to personal data. | 3. Competent authorities in the Member States shall issue, renew or withdraw the European Disability Card in accordance with their national rules, procedures and practices. Without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council and Directive 2002/58/EC of the European Parliament and of the Council, Member States shall ensure the security, integrity, authenticity and confidentiality of the data collected and stored for the purpose of this Directive. The competent authority responsible for issuing the European Disability Card shall be considered as the controller referred to in Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of personal data. Cooperation with external service providers shall not exclude any liability on the part of a Member State which may arise under Union or national law in respect of breaches of obligations with regard to personal data. |
| Text proposed by the Commission | Amendment |
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| 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 directly if such is the procedure according to the national disability status recognition or upon application by the person with disabilities. It shall be issued and renewed free of charge for the beneficiary and within the same period set in the applicable national legislation for issuing disability certificates, disability cards or any other formal document recognising the disability status of a person with disabilities. |
| Text proposed by the Commission | Amendment |
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| 4 a. Member States shall ensure that persons with disabilities, or designated representatives acting on their behalf and with their approval, may appeal a decision by the competent authorities regarding the issuance or renewal of an European Disability Card. |
| Text proposed by the Commission | Amendment |
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| 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, including in cases when replacing the national disability certificate, disability card or any other formal document, as laid down in paragraph 2a, 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The Commission is empowered to adopt delegated acts in accordance with Article 11 to supplement this Directive in order to set the digital format of the European Disability Card and ensure interoperability, and to amend Annex I in order to modify the common features of the standardised format, adapt the format to technical developments, introduce digital features in order to prevent forgery and fraud, address abuse or misuse and ensure interoperability. | 7. No later than 12 months after the 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 also empowered to adopt delegated acts in accordance with Article 11 to amend Annex I in order to modify the common features of the standardised and accessible format, adapt the format to technical developments, introduce digital features in order to prevent forgery and fraud, address abuse or misuse and ensure interoperability, accessibility and security, including verification features and the interoperability with national systems. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7 a. The European Disability Card may be required as a proof of disability only for the purposes of this Directive, but holders of the card shall not be obliged to display the card as proof of disability in the context of rights established in other Union legislation, unless otherwise established. |
| Text proposed by the Commission | Amendment |
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| 1. Each Member State shall introduce the European Parking Card for persons with disabilities following the common standardised format set out in Annex II. Member States shall introduce digital features in physical cards using electronic means addressing fraud-prevention as part of the European Parking Card for persons with disabilities, as soon as the requirements concerning the digital features referred to in Annex II, are laid down by the Commission in the technical specifications referred to in Article 8. The digital storage medium shall not contain more personal data than the data provided for the European Disability Card in Annex II. | 1. Each Member State shall introduce the European Parking Card for persons with disabilities following the common standardised format as well as the 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Competent authorities in the Member States shall issue, renew, or withdraw the European Parking Card for persons with disabilities in accordance with their national rules, procedures and practices. Without prejudice to Regulation (EU) 2016/679, Member States shall ensure the security, authenticity and confidentiality of the personal data collected and stored for the purpose of this Directive. The competent authority responsible for issuing the European parking Card for persons with disabilities shall be considered as the controller referred to in Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of personal data. Cooperation with external service providers shall not exclude any liability on the part of a Member State which may arise under Union or national law in respect of breaches of obligations with regard to personal data. | 3. Competent authorities in the Member States shall issue, renew, or withdraw the European Parking Card for persons with disabilities in accordance with their national rules, procedures and practices. Without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council and Directive 2002/58/EC of the European Parliament and of the Council, Member States shall ensure the security, authenticity and confidentiality of the personal data collected and stored for the purpose of this Directive. The competent authority responsible for issuing the European parking Card for persons with disabilities shall be considered as the controller referred to in Article 4(7) of Regulation (EU) 2016/679 and shall have responsibility for the processing of personal data. Cooperation with external service providers shall not exclude any liability on the part of a Member State which may arise under Union or national law in respect of breaches of obligations with regard to personal data. |
| 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. It shall be issued or renewed free of charge for the beneficiary and within a reasonable period from the date of the application which shall not exceed 30 days. Persons with disabilities however shall have the right to request to have the digital version of the European Parking Card for persons with disabilities ready in 15 days. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4 a. Member States shall ensure that persons with disabilities, or designated representatives acting on their behalf and with their approval, may appeal a decision by the competent authorities regarding the issuance or renewal of a European Parking Card for persons with disabilities. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The Commission is empowered to adopt delegated acts in accordance with Article 11 to supplement the Directive in order to set the digital format of the European Parking Card for persons with disabilities and ensure interoperability, including through the development and deployment of digital tools, and to amend Annex II in order to modify the common features of the standardised format, adapt the format to technical developments, prevent forgery and fraud, address abuse or misuse and ensure interoperability, including through the development and deployment of digital tools. | 7. No later than 12 months after the 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 also 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, adapt the format to technical developments, prevent forgery and fraud, address abuse or misuse and ensure accessibility and security, including verification features and the interoperability with national systems through the development and deployment of digital tools. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 7a | |
| Provisions for card holders when changing residence | |
| 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2). | 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) and within 12 months of the entry into force of this Directive. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall make the conditions and rules, practices, and procedures to issue, renew or withdraw a European Disability Card and a European Parking Card for persons with disabilities publicly available in accessible formats, including in digital formats, and upon request in assistive formats requested by persons with disabilities. | 1. Member States shall make the conditions and rules, practices, and procedures to issue, renew or withdraw a European Disability Card and a European Parking Card for persons with disabilities publicly available in accessible physical and digital formats, including braille, the audio version, national sign languages and easy-to-read formats, and upon request in assistive formats requested by persons with disabilities. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall take appropriate measures to raise awareness among the public and inform persons with disabilities, including in accessible ways, about the existence and conditions to obtain, use, or renew the European Disability Card and the European Parking Card for persons with disabilities. | 2. Member States, in cooperation with the Commission, shall take appropriate measures to raise awareness among the public and inform persons with disabilities, including in accessible ways, about the existence and conditions to obtain, use, or renew the European Disability Card and the European Parking Card for persons with disabilities. In this regard, each Member State shall designate a National Contact Point providing information and guidance to the public and persons with disabilities on the conditions and services included in the European Disability Card and the European Parking Card for persons with disabilities in its territory, as well as the conditions and services granted under relevant national cards and certificates. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 a. As an appropriate measure for the purpose of raising awareness among the public and inform persons with disabilities, as laid down in the previous paragraph, the Commission should develop a Union-wide awareness campaign disseminating information and training on the European Disability Card to citizens and public authorities and private operators having the potential to offer preferential treatment pursuant to Article 5, on an ongoing basis. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 b. By [6 months after the date of transposition of this Directive],the Commission shall establish a publicly available dedicated and up-to-date European web portal containing a database making available relevant information related to the applicable conditions, infrastructure and facilities pertaining to the European Disability Card and the European Parking Card for persons with disabilities in each Member State’s territory. The web portal shall provide this information in all the languages of the European Union, including sign language, easy-to-read and augmentative means of communication. | |
| It shall connect, in a clear, accessible, and transparent manner, the National Contact Points referred to in paragraph 2 and the official websites in the Member States referred to in paragraph 7 of this Article. | |
| Where appropriate, the available information shall be provided per local, regional, or national level in each Member State. | |
| Member States shall ensure public authorities upload this information to the database and update it where necessary. | |
| The Commission shall consider including a comparison function on the European web portal, allowing users to compare a Member State’s regulations with another, including, where relevant, regional and municipal differences within Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. Any measures taken to avoid risk of forgery or fraud shall have due regard and consideration to the rights of persons with disabilities and shall not result in any interference with the legitimate interests of persons with disabilities in the use of either card or lead to their stigmatisation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 6 a. Member States shall take the necessary measures to ensure that private operators and public authorities apply the same conditions or preferential treatment to holders of a European Disability Card and a European Parking Card for persons with disabilities as those enjoyed by the national citizens of the Member State with a recognised disability. Member States shall provide for sanctions applicable in the event of a breach of this obligation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 7. The information referred to in paragraph 1 and 2 of this Article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible way, including through private operators’ or public authorities’ official website where available, or by other suitable means, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882. | 7. The information referred to in paragraph 1 and 2 of this Article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible way, including through private operators’ or public authorities’ official website and where appropriate by other suitable means, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. | 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, as well as persons with disabilities and their representative organisations. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive. | 1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive, promoting the participation and dialogue with associations representing persons with disabilities. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) provisions whereby public bodies or private associations, organisations or other legal entities which have a legitimate interest in ensuring that the provisions of this Directive are complied with may take action in accordance with national law and procedures before the courts or before the competent administrative bodies on behalf or in support of a person with disabilities, with his or her approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive. | (b) provisions whereby public bodies or private associations, such as Equality Bodies where applicable, organisations, in particular representative organisations of persons with disabilities, or other legal entities which have a legitimate interest in ensuring that the provisions of this Directive are complied with may take action in accordance with national law and procedures before the courts or before the competent administrative bodies on behalf or in support of a person with disabilities, with his or her approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall lay down the rules on penalties applicable to violations of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. | 1. Member States shall lay down the rules on penalties applicable to public and private operators as well as service providers for violations of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall ensure that private operators or public authorities make information on any special conditions or preferential treatment pursuant to Article 5 publicly available in accessible formats. | 1. Member States shall ensure that private operators or public authorities make information on any special conditions or preferential treatment pursuant to Article 5 publicly available in clear, comprehensive and accessible physical and digital formats, including braille, large print, the audio version. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. 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 what parts of the operations where special conditions or preferential treatments apply. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Member States shall encourage private operators or public authorities to voluntarily provide special conditions or preferential treatment for persons with disabilities. | 2. Member States shall encourage and may support private operators or public authorities to voluntarily provide special conditions or preferential treatment for persons with disabilities. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. By dd/mm/yy [three years after the date of application of this Directive], and every five 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. | 1. By dd/mm/yy [two years after the date of application of this Directive], and every five 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1 a. The report shall include an impact assessment of the use of the card as the tool for improving the portability of benefits in the area of social security under Regulations (EC) No 883/2004 and (EC) No 987/2009 and social assistance covered by Article 24(2) of Directive 2004/38/EC. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4 a. The report shall include an impact assessment of national frameworks, eligibility criteria, conditions, or assessment procedures to obtain a disability status as well as the relative renewal and withdrawal of the European Disability Card and the European Parking Card for persons with disabilities, in view to harmonise the definition of disability and to ensure mutual recognition of disability status across Member States and identify possible discrepancies between Member States in this regard as well as any negative impacts on holders of the cards. | |
| The report shall also evaluate any impact of the European Disability Card and the European Parking Card for persons with disabilities with respect to national frameworks in which the preferential treatment of the persons with disabilities differs based on the level of disability or other conditions. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4 b. As part of this report, the Commission shall also assess the extent to which the implementation of this Directive has met its objectives and its interaction with other relevant Union legal acts. | |
| On the basis of that report, the Commission shall, if appropriate, make a legislative proposal to amend this Directive. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall adopt and publish, by dd/mm/yy [within 18 months after the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. | 1. Member States shall adopt and publish, by dd/mm/yy [within 12 months after the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. |
| 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 [24 months from the date of entry into force of this Directive]. |
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The words European Disability Card shall be displayed using Arial font and in braille using the Marburg code dimensions. | 8. All relevant information, including the words European Disability Card shall be displayed using Arial font and in braille using the Marburg code dimensions. |
| Text proposed by the Commission | Amendment |
|---|---|
| 10 a. The card shall have a defined QR code containing all the card data in an accessible format and shall be duly marked with raised marks. |
| Text proposed by the Commission | Amendment |
|---|---|
| – where the card is associated to a vehicle its number plate shall be visible. | – where the card is associated to a vehicle(s) its number plate(s) shall be visible. |
| Text proposed by the Commission | Amendment |
|---|---|
| – in capital letters, the words ‘European Parking Card for persons with disabilities’ in the language(s) of the Member State issuing the card; after a suitable space, it shall appear in small type in the other languages of the European Union; | – 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; |
Back matter, 1
Parts that accompany the text rather than belong to it: explanatory statement, annexes, opinions appended by other committees. Collapsed.
Annex: list of entities or persons from whom the rapporteur has received input 2 blocks
Procedure pages and committee votes
How the committees handled the text and how their members voted on it. Collapsed.
Procedure – committee asked for opinion 1 block
| Title | Establishing the European Disability Card and the European Parking Card for persons with disabilities | |
| References | COM(2023)0512 – C9-0328/2023 – 2023/0311(COD) | |
| Committee responsible Date announced in plenary | EMPL 19.10.2023 | |
| Opinion by Date announced in plenary | TRAN 19.10.2023 | |
| Associated committees - date announced in plenary | 19.10.2023 | |
| Rapporteur for the opinion Date appointed | Erik Bergkvist 19.10.2023 | |
| Discussed in committee | 30.11.2023 | |
| Date adopted | 7.12.2023 | |
| Result of final vote | +: –: 0: | 39 0 0 |
| Members present for the final vote | José Ramón Bauzá Díaz, Izaskun Bilbao Barandica, Marco Campomenosi, Jakop G. Dalunde, Karima Delli, Mario Furore, Isabel García Muñoz, Jens Gieseke, Bogusław Liberadzki, Peter Lundgren, Elżbieta Katarzyna Łukacijewska, Tilly Metz, Cláudia Monteiro de Aguiar, Caroline Nagtegaal, Tomasz Piotr Poręba, Bergur Løkke Rasmussen, Dominique Riquet, Thomas Rudner, Vera Tax, Barbara Thaler, István Ujhelyi, Achille Variati, Elissavet Vozemberg-Vrionidi, Lucia Vuolo, Kosma Złotowski | |
| Substitutes present for the final vote | Tom Berendsen, Sara Cerdas, Maria Grapini, Ljudmila Novak, Dorien Rookmaker, Nicolae Ştefănuță, Kathleen Van Brempt | |
| Substitutes under Rule 209(7) present for the final vote | Karolin Braunsberger-Reinhold, Andreas Glück, Ondřej Kovařík, Erik Marquardt, Andżelika Anna Możdżanowska, Wolfram Pirchner, Eugen Tomac |
Final vote by roll call in committee asked for opinion 3 blocks
39 · For
- ECR
- Peter Lundgren, Andżelika Anna Możdżanowska, Tomasz Piotr Poręba, Dorien Rookmaker, Kosma Złotowski
- ID
- Marco Campomenosi
- No group
- Mario Furore
- EPP
- Tom Berendsen, Karolin Braunsberger-Reinhold, Jens Gieseke, Elżbieta Katarzyna Łukacijewska, Cláudia Monteiro de Aguiar, Ljudmila Novak, Wolfram Pirchner, Barbara Thaler, Eugen Tomac, Elissavet Vozemberg-Vrionidi, Lucia Vuolo
- Renew
- José Ramón Bauzá Díaz, Izaskun Bilbao Barandica, Andreas Glück, Ondřej Kovařík, Caroline Nagtegaal, Bergur Løkke Rasmussen, Dominique Riquet
- S&D
- Sara Cerdas, Isabel García Muñoz, Maria Grapini, Bogusław Liberadzki, Thomas Rudner, Vera Tax, István Ujhelyi, Kathleen Van Brempt, Achille Variati
- Greens
- Jakop G. Dalunde, Karima Delli, Erik Marquardt, Tilly Metz, Nicolae Ştefănuță
Connections
The dossier, the decisions on this text and its other versions.
No connections found for this item.
Sources & citation
Where the facts on this page come from, and how to cite it.
- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2023). “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, 7 December 2023. docId TRAN-AD-755987. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/TRAN-AD-755987 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/TRAN-AD-755987 (CC BY 4.0).
BibTeX
@misc{epw-text-tran-ad-755987,
author = {{European Parliament}},
title = {{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 = {2023-12-07},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/TRAN-AD-755987}},
url = {https://news.eu-parl.st-solutions.dev/texts/TRAN-AD-755987},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId TRAN-AD-755987. Data: EP Open Data API: document record (CC BY 4.0)}
}