34 Amendments of Agnes JONGERIUS related to 2023/0311(COD)
Amendment 79 #
Proposal for a directive
Recital 6
Recital 6
(6) The UNCRPD recognises that persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various administrative, technological and societal barriers can result in discriminatory treatment. The purpose of the UNCRPD is therefore to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect of their inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. The UNCRPD also recognises the importance of respect for difference and acceptance of persons with disabilities as part of human diversity and humanity and the need to take appropriate measures to ensure full and equal accessibility to persons with disabilities.
Amendment 83 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) The UNCRPD further recognises the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status. It particular, it recognises that women and girls with disabilities are at greater risk and subject to multiple discrimination, and that State Parties should take adequate measures to ensure their full and equal enjoyment of all human rights and fundamental freedoms.
Amendment 84 #
Proposal for a directive
Recital 7
Recital 7
(7) The European Pillar of Social Rights, proclaimed by the European Parliament, the Council and the European Commission at Gothenburg on 17 November 201740 provides that everyone, inter alia regardless of disability, has the right to equal treatment and opportunities regarding, among others, 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 (principle 17). _________________ 40 Interinstitutional Proclamation on the European Pillar of Social Rights, OJ C 428, 13.12.2017, p. 10live in dignity and to income support that ensures a decent living, services that enable them to participate in society and a work environment adapted to their requirements (principle 17).
Amendment 98 #
Proposal for a directive
Recital 11
Recital 11
(11) PIn the cases where persons with disabilities movinge 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 recognisedthe European Disability Card should serve as temporary recognition of their disability status until formal decision by the competent authorities in the other Member State and may receive, by means of a disability certificate, a disability card or any other formal document recognising their disability status in accordance with applicable rules of that Member State.
Amendment 111 #
Proposal for a directive
Recital 15
Recital 15
(15) Alongside physicvarious physical, intellectual 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 12, because they have specific needs resulting in additional expenses related to their disability and may also require person(s) accompanying or assisting them including those recognised as personal assistant(s) in accordance with national legislation or practices, making their travel costs higher than for persons without disabilities49 13. 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. _________________ 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?]personal autonomy.
Amendment 134 #
Proposal for a directive
Recital 24
Recital 24
(24) Examples of special conditions or preferential treatment include free access, reduced tariffs, reduced fees or user charges for toll roads/bridges/tunnels, priority access, designated seats in parks and other public areas, accessible seating in cultural or public events, personal assistance, assistance animals (particularly guide dogs or assistance dogs for persons with visual disabilities), 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 (particularly guide dogs or assistance dogs for persons with visual disabilities), 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. Persons accompanying or assisting persons with disabilities are designated by the persons with disabilities themselves or their legal guardian(s) and can change on an ad hoc basis provided there is explicit consent by the persons with disabilities or their legal guardian(s) depending on their needs.
Amendment 142 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25 a) The issuance and renewal of the European Disability Card and the European Parking Card for persons with disabilities should always be and remain free of charge.
Amendment 146 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) In order to strengthen the utility and impact of the European Parking Card for persons with disabilities, the Commission should establish a publicly available Union database, based on information provided and regularly updated by the Member States, in order to inform persons with disabilities of the different parking conditions and facilities offered for persons with disabilities in each Member State and its regions, cities, and municipalities. This Union database should be available in a public and fully accessible Union website dedicated to the European Disability Card and the European Parking Card for persons with disabilities.
Amendment 154 #
Proposal for a directive
Recital 29
Recital 29
(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 purposalso applies to mobile workers, including frontier and cross-border workers with disabilities.
Amendment 155 #
Proposal for a directive
Recital 30
Recital 30
(30) The envisaged framework for mutual recognition of the European Disability Card and the European Parking Card for persons with disabilities does not impinge on the competences of a Member State to assess and recognise the disability status and to grant special conditions, such as free access, reduced tariffs or preferential treatment for persons with disabilities and/or person(s) accompanying or assisting them including personal assistant(s). It does not cover social security benefits, social protection or social assistance covered by Article 24(2) of Directive 2004/38/EC of the European Parliament and of the Council56 . _________________ 56 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens20. Social security benefits, social protection and social assistance should be covered in certain time-limited instances, either when moving to another Member State for work or study or while being part of theany 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. 77or national initiatives and/or any mobility programmes, to allow for the temporary continued recognition of the disability status while the persons with disabilities are undergoing the reassessment process to have their disability status recognised by another Member State.
Amendment 159 #
Proposal for a directive
Recital 31
Recital 31
(31) In order to raise awareness and facilitate access to special conditions or preferential treatment for persons with disabilities, while travelling to or visiting another Member State, all relevant information with respect to the conditions, rules, practices, and procedures applicable to obtain the European Disability Card and/or the European Parking Card for persons with disabilities and its subsequent use should be made publicly available by Member States in a clear, comprehensive, user-friendly manner and accessible formats for persons with disabilities, accessible formats, for persons with disabilities including in digital formats, national sign languages and easy-to-read, and upon request in assistive formats requested by persons with disabilities, respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882. 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.
Amendment 165 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) Member States should ensure that private operators or public authorities make information on any special conditions or preferential treatment publicly available in a clear, comprehensive, user-friendly and easily accessible way and in accessible formats. The Commission should establish a single dedicated website, available in all official languages, collating the special conditions or preferential treatment offered by their public authorities. Member States should facilitate information concerning the special conditions or preferential treatment offered by private operators on the website where available and to update this information regularly according to any national legislation changes.
Amendment 176 #
Proposal for a directive
Recital 35
Recital 35
(35) Member States should ensure that adequate and effective means exist to ensure compliance with this Directive and should therefore establish appropriate remedies, including checks on compliance and administrative and judicial procedures, to guarantee that persons with disabilities, person(s) accompanying or assisting them including personal assistant(s), as well as public bodies such as equality bodies or private associations, organisations in particular representative organisations of persons with disabilities or other legal entities which have a legitimate interest may take action on behalf of a person with disabilities under national law. Persons with disabilities should further have a right to redress, including adequate compensation, in case of infringements of their rights arising from this Directive. Member States should ensure these provisions comply with the principle of reasonable accommodation for persons with disabilities in their design and implementation.
Amendment 205 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. Paragraph 2 shall not apply in the following time-limited and momentary situations in order to ensure equal treatment and equal access between national and other Union citizens with disabilities: a) where European Disability Card holders move to another Member State to engage in an employment contract or enrol in an educational institution until such time as their disability status is re- assessed and formally recognised by the competent authorities in the other Member State or b) where a European Disability Card holder participates in any Union initiative and/or any mobility programme.
Amendment 226 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) “special conditions or preferential treatment” means any specific conditions, including those related to financial conditions, or any differentiated treatment related to assistance and support such as free access, reduced tariffs, priority access, 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 of whether provided on a voluntary basis or imposed by legal obligations;
Amendment 275 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall introduce the European Disability Card following the common standardised format set out in Annex Iand the universal accessibility requirements set out in Annex I. Member States shall provide the option to persons with disabilities, when applying for the card to the relevant authorities, to display their required reasonable accommodation via the relevant symbols on the Card. 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.
Amendment 287 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
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 samwhere already provided for in the national disability assessment and recognition procedure, or upon application by the person with disabilities. It shall be issued and renewed free of charge for the beneficiary and within a reasonable period from the date of the application which shall not exceed either 60 days or the period set in the applicable national legislation for issuing disability certificates, disability cards or any other formal document recognising the disability status of a person with disabilities whichever is shorter.
Amendment 297 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. Member States shall ensure that persons with disabilities, or designated representatives acting on their behalf and with their or their legal guardian(s)´ approval, may appeal a decision by the competent authorities regarding the issuance, renewal or withdrawal of a European Disability Card.
Amendment 310 #
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
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 accessibility and interoperability.
Amendment 326 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The European Parking Card for persons with disabilities shall be issued or renewed by the Member State of residence upon application by the person with disabilities. It shall be issued or renewed free of charge for the beneficiary and within a reasonable period from the date of the application which shall not exceed 60 days.
Amendment 331 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. Member States shall ensure that persons with disabilities, or designated representatives acting on their behalf and with their or their legal guardian(s)´ approval, may appeal a decision by the competent authorities regarding the issuance, renewal or withdrawal of a European Parking Card.
Amendment 341 #
Proposal for a directive
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. The Commission shall establish a publicly available Union database that contains all relevant information related to the applicable parking conditions and facilities as defined at local, regional, or national level in each Member State. The database shall be available in all EU languages and in accessible formats. The database shall be available in the single website, in all official languages, collating the special conditions or preferential treatment offered by their public authorities. Member States shall facilitate information concerning the special conditions or preferential treatment offered by private operators on the website where available and to update this information regularly according to any national legislation changes.
Amendment 400 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
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.
Amendment 406 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall be assisted by a committee and shall meaningfully involve representative organisations of persons with disabilities. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 411 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive. Participation and permanent dialogue with civil society organisations and associations representing persons with disabilities shall be promoted.
Amendment 413 #
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) provisions whereby public bodies such as equality bodies or private associations, organisations in particular representative organisations of persons with disabilities or other legal entities which have a legitimate interest in ensuring that the provisions of this Directive are complied with may take action in accordance with national law and procedures before the courts or before the competent administrative bodies on behalf or in support of a person with disabilities, with his or hetheir approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive.
Amendment 416 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that private operators or public authorities make information on any special conditions or preferential treatment pursuant to Article 5 publicly available in accessible format clear, comprehensive, user-friendly and easily accessible way and in accessible formats. The Commission shall establish a single dedicated website, available in all EU languages, including all of the EU’s national sign languages for audio and video content and in accessible formats, collating the special conditions or preferential treatment offered by their public authorities. Member States shall facilitate information concerning the special conditions or preferential treatment offered by public and private operators on the website where available and to update this information regularly according to any national legislation changes.
Amendment 431 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. By dd/mm/yy [threewo years after the date of application of this Directive], and every fivthree 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.
Amendment 433 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The report shall address, inter alia, in the light of social, economic developmentsand other relevant developments, including technological, the use of the European Disability Card and European Parking Card for persons with disabilities with a view to assessing the need to review this Directive.
Amendment 441 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall adopt and publish, by dd/mm/yy [within 182 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.
Amendment 445 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. They shall apply those provisions from dd/mm/yy [3024 months from the date of entry into force of this Directive].
Amendment 464 #
Proposal for a directive
Annex I a (new)
Annex I a (new)
The card shall have a QR code containing all data included in the card in accessible format duly defined and indicated by an embossed stamp, fully compliant with data protection legislation.
Amendment 474 #
Proposal for a directive
Annex II – point 3 – point b – indent 1
Annex II – point 3 – point b – indent 1
– in capital letters, the words ‘European Parking Card for persons with disabilities’ in the language(s) of the Member State issuing the card and in braille using the Marburg code dimensions; after a suitable space, it shall appear in small type in the other languages of the European Union;
Amendment 480 #
Proposal for a directive
Annex II a (new)
Annex II a (new)
The card shall have a QR code containing all data included in the card in accessible format duly defined and indicated by an embossed stamp, fully compliant with data protection legislation.