38 Amendments of Monica SEMEDO related to 2023/0311(COD)
Amendment 72 #
Proposal for a directive
Recital 1
Recital 1
(1) The European Union is founded on the values of human dignity, freedom, and respect of human rights and committed to combating discrimination, including on the grounds of disability, as set out in the Treaty on European Union (TEU), the Treaty on the Functioning of the European Union (TFEU) and, the Charter of Fundamental Rights of the European Union (the ‘Charter’) and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).
Amendment 76 #
Proposal for a directive
Recital 3
Recital 3
(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. Article 18 of the UNCRPD also recognises the rights of persons with disabilities to liberty of movement and to freedom to choose their residence, on an equal basis with others.
Amendment 77 #
Proposal for a directive
Recital 4
Recital 4
(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 to be complemented by a separate legal act which will bridge the legal gap between EU citizens and legally residing third country nationals in this regard. This will provide for more legal certainty not least for third country nationals women and girls with disabilities who have legal residence in the European Union.
Amendment 78 #
Proposal for a directive
Recital 5
Recital 5
(5) The Union is a Party to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)39 , and is bound by its provisions which are an integral part of the Union legal order to the extent of its competences. All the Member States are Parties to the UNCRPD and are bound by it also to the extent of their competences. _________________ While the Union and all its Member States are bound by the UNCRPD there are significant differences in its implementation3a. There is a need to progress on equality for persons with disabilities both for the Union itself as well as in all Member States, for example through investments in infrastruture, capacity buidiling, training and awareness raising campaigns. The Union and all Member States should further ratify the Optional Protocol of the UNCRPD. _________________ 3a https://fra.europa.eu/en/publication/2023/ implementing-un-convention-rights- persons-disabilities-human-rights- indicators 39 Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities, OJ L 23, 27.1.2010, p. 35.
Amendment 82 #
Proposal for a directive
Recital 6
Recital 6
(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 equality of opportunity and universal accessibility tofor persons with disabilities.
Amendment 85 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) The UNCRPD recognises that women and girls with disabilities are subject to multiple discrimination, and that State Parties should take measures to ensure their full and equal enjoyment of all human rights and fundamental freedoms. The Convention on Preventing and Combating Violence against Women and Domestic Violence, to which the European Union is a party, shall also guide the establishment of the European Disability Card and the European Parking Card for persons with disabilities.
Amendment 103 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) Impediments to the fundamental right of free movement is exacerbated for women and girls with disabilities who are confronted with intersectional discrimination in all areas of life, not least in education and employment. For example, 20 % of women with disabilities are in full-time employment, compared to 29% of men with disabilities and 48% of women without disabilities. 22% of women with disabilities are at risk of poverty, compared to 20% of men with disabilities and 16% of women without disabilities. 17% of women with disabilities graduate tertiary education, compared to 18% of men with disabilities and 32% of women without disabilities. 11% of women with disabilities have unmet needs for medical examination, compared to 10% of men with disabilities and 3% of women without disabilities.47a The difference is particularly noticeable in rural areas where access to services and opportunities in general is much more limited compared to urban areas. Therefore the European Disability Card must have a clearer gender equality perspective and contribute to improving the free movement especially for women and girls with disabilities, for example when they move to another Member State for work or study and are reassessed by the new Member State. It is crucial that the vulnerable situation for women and girls with disabilities is not exacerbated further but rather, that they are encouraged to exercise their freedom of movement and protected when they do in order to ensure their free movement and economic independence. _________________ 47a Intersecting inequalities in the European Union in the 2023 Gender Equality Index https://eige.europa.eu/gender-equality- index/2022/domain/intersecting- inequalities/disability/work
Amendment 104 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) Persons with disabilities who also belong to other marginalized groups such as LGBTQI+, racialized groups and ethnic minorities, people from disadvantaged socio-economic background, young people and people from remote geographical areas... often face multiple discrimination therefore it is important that Member States apply an intersectional approach when transposing and implementing this directive.
Amendment 110 #
Proposal for a directive
Recital 15
Recital 15
(15) Alongside physical and othervarious visible and invisible 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 . Furthermore, the widespread lack of knowledge of psychosocial, cognitive, physical or sensorial accessibility policies can pave the way to discriminatory behaviour. 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?]
Amendment 138 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24 a) Personal assistants assist the person with disabilities or carry out activities of daily living if need be in the framework of a contractual relationship, and they do so with the objective of encouraging personal autonomy, facilitating community life and promoting independent living
Amendment 141 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25 a) Experience shows that when presenting a European Disability Card or similar national recgnition of disability, due to a lack of awareness, misunderstandings or communication barriers persons with disabilities, particularly those with invisible disabilities, do not always receive the most relevant support and accomodation for their disability. Member States should therefore provide the option to persons with disabilities, when applying for the card to the relevant authorities, to choose to display relevant symbol(s) on the card in order to indicate their assistance requirements.
Amendment 160 #
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 , including in digital formats, national sign languages and easy to read format, 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 164 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) In order to increase the number of service providers who offer special conditions or preferential treatment for persons with disabilities, Member States should support and encourage private operators and public authorities through relevant measures including through providing information and exchanges of best practice on the different types of special conditions or preferential treatment which could be offered as well as the provision of training on disability mainstreaming and disability awareness to ensure the special conditions or preferential treatment offered is done so in an inclusive and accessible way. For example such training could address the accessibility issues faced by persons with disabilities, requirements of persons with different disabilities concerning communication, respectful and safe management of equipment, use of assistive augmentative communication (AAC) and how to provide and publicise any offer of special conditions or preferential treatments in an accessibly visible way. Member States should ensure all such measures are carried out in partnership with persons with disabilities and their representative organisation to ensure they are inclusive and effectives.
Amendment 168 #
Proposal for a directive
Recital 32
Recital 32
(32) Member States should take all the necessary steps to avoid any risk of forgery or fraud when issuing the European Disability Card or the European Parking Card for persons with disabilities and should actively combat fraudulent use and forgery of these cards. Member States should ensure that any measures taken to combat forgery or fraud ensure due regard and consideration to the rights of persons with disabilities and should not result in any interference with their legitimate interests in using either card or lead in any way to their stigmatisation. Member States should assess the impact of any measures on persons with disabilities and consult them and their representative organisations in the measures’ design and implementation.
Amendment 175 #
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 in line with the UNCRPD.
Amendment 187 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(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 promoting equal rights and freedom of movement for persons with disabilities and facilitating short stays of persons with disabilities in a Member State other than that of which they are a resident, by granting them access to any special conditions or preferential treatment with respect to services, activities or facilities, including when provided not for remuneration, 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);
Amendment 214 #
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
4. This Directive does not impinge on national competences to grant or require to grant special benefits or specific, preferential conditions, such as free access, reduced tariffs, or preferential treatment for persons with disabilities and, where provided, for person(s) accompanying or assisting them including their personal assistant(s), guide dogs or assistance animals.
Amendment 217 #
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. This Directive shall be without prejudice to the rights that persons with disabilities or, person(s) accompanying or assisting them, including their personal assistant(s), or guide dogs and assistance animals may derive from other provisions of Union law or national law implementing Union law, including those granting specific benefits, special conditions, or preferential treatment.
Amendment 229 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(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), guide dogs 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;
Amendment 232 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) “parking conditions and facilities” means any parking space reserved for persons with disabilities or person(s) accompanying or assisting them including their personal assistant(s) in general as well as associated parking benefits for, or preferential conditions afforded to, persons with disabilities, such as free parking, reduced tariffs, reduced fees or user charges for toll roads/bridges/tunnels or extended parking spaces irrespective of whether provided on a voluntary basis or imposed by legal obligations.
Amendment 234 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(f a) “Reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights, fundamental freedoms and the rights provided under this Directive;
Amendment 244 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) Union citizens and residents and family members of Union citizens and residents whose disability status is recognised by the competent authorities in the Member State of their residence by means of a certificate, a card or any other formal document issued in accordance with national competences, practices, and procedures, as well as, when applicable, to person(s) accompanying or assisting them including personal assistant(s), as well as guide dogs or assistance animals.
Amendment 261 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. Member States shall take the necessary measures to recognise holders of a European Disability Card as persons protected against discrimination on the grounds of disability, and as such, as persons with the right to have access to the available resources and assistance in cases of rights violations and the absence of real and effective equal treatment.
Amendment 264 #
Proposal for a directive
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) when special conditions or preferential treatment referred to in paragraph 1 of this Article include favourable conditions for person(s) accompanying or assisting them including personal assistant(s) or specific conditions for assistance animals, these favourable or specific conditions are granted on equal terms and conditions to the person(s) accompanying or assisting them, including personal assistant(s) or guide dogs or assistance animals of the holder of a European Disability Card;
Amendment 267 #
Proposal for a directive
Article 5 – paragraph 3 – point b
Article 5 – paragraph 3 – point b
(b) when parking conditions and facilities referred to in paragraph 2 of this Article include favourable conditions for person(s) accompanying or assisting them including personal assistant(s), these favourable conditions are granted on equal terms and conditions to theapply to person(s) accompanying or assisting them, including personal assistant(s) of the holder of the European Parking Card for persons with disabilities.
Amendment 277 #
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 and universally accessible 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.
Amendment 281 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. European Disability Cards issued by Member States shall be issues and renewed for free, be mutually recognised in all Member States and be compatible with national certificates or cards.
Amendment 292 #
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 same period set in the applicable national legislation for issuing disability certificates, disability cards or any other formal document recognising the disability status of a person with disabilities. In case of a change in the country of residence, the card renewal period may be extended from 6 to 8 months.
Amendment 304 #
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The validity of the European Disability Card issued by a Member State shall be at least for the same duration as that of the disability certificate, disability card or any other formal document with the longest duration recognising their disability status issued to the person concerned by the competent authority of the Member State in its territory. In case of a change in the country of residence, the card renewal period may be extended from 6 to 8 months.
Amendment 342 #
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 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 the national sign languages of Member States as well as in accessible formats. Member States shall ensure public authorities upload this information to the database and update it where necessary.
Amendment 354 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
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, national sign languages, Braille, and easy to read format, audio version and upon request in other alternative assistive formats requested by persons with disabilities.
Amendment 369 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. Member States shall take appropriate measures to raise awareness among professionals in contact with the public, including in accessible ways, about the existence and rights conferred by the European Disability Card and the European Parking Card for persons with disabilities.
Amendment 388 #
Proposal for a directive
Article 9 – paragraph 7 a (new)
Article 9 – paragraph 7 a (new)
7 a. Representative organizations of persons with disabilities shall participate in the entire development, planning, execution, monitoring and evaluation process.
Amendment 417 #
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 formats clear, comprehensive, user-friendly and easily accessible way and in accessible formats. Member States shall establish a single dedicated website collating the special conditions or preferential treatment offered by their public authorities. Member States may also facilitate information concerning the special conditions or preferential treatment offered by private operators on the website where available. The website shall be in the official language(s) of the Member States, national sign language and English as well as any other relevant language(s) as determined by the Member State.
Amendment 421 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall support and encourage private operators or public authorities to voluntarily provide special conditions or preferential treatment for persons with disabilities in as wide a range of services, other activities and facilities as possible. In particular Member States shall support and encourage private operators and public authorities through, inter alia, the provision of information and exchange of best practices on possible special conditions or preferential treatment to be offered and the provision of disability- mainstreaming and awareness training so as to ensure the relevance, effectiveness and inclusivity of any special conditions or preferential treatment offered. Member States shall ensure all such measures are carried out in partnership with persons with disabilities and their representative organisations.
Amendment 425 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The information referred to in paragraph 1 of this article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible way, including through the private operators or public authorities’ official website where available, or by other suitable means, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882 without exceeding a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages, including in the national sign language(s).
Amendment 432 #
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 and other relevant developments the use of the European Disability Card and European Parking Card for persons with disabilities with a view to assessing the need to review this Directive. The report shall include a gender equality analysis of how the provisions of this Directive have impacted the free movement of women and girls with disabilities. The report shall also evaluate the effectiveness of the incentivizing measures provided by Member States to service providers.
Amendment 451 #
Proposal for a directive
Annex I – paragraph 2
Annex I – paragraph 2
BACK SIDE National information in the national language or national languages to be decided by the issuing Member State. Member States shall provide the option to persons with disabilities, when applying for the card to the relevant authorities, to display relevant symbol(s) on the card in order to indicate their required reasonable accommodation.