18 Amendments of João ALBUQUERQUE related to 2023/0393(COD)
Amendment 24 #
Proposal for a directive
Recital 2
Recital 2
(2) To helpensure that Member States respect and fulfil their national equal treatment andthe equal treatment of, and fulfil their non-discrimination obligations vis-à- vis persons with disabilities who are third- country nationals legally residing in their territory and not falling within the scope of the Directive [XXXX], and guarantee the recognition of their disability status across Member States, thus facilitating the exercise of their rights to move or travel to other Member States in accordance with Union law and ensuring a more effectivefull participation and inclusion in society of persons with disabilities who are third- country nationals on an equal basis with Union citizens, it is necessary to extend the rules, rights and obligations laid down in Directive../…. to persons with disabilities who are third country nationals legally residing in the territory of a Member State, whose disability status has been recognised by that Member State, and who are entitled to move or travel to other Member States in accordance with Union law.
Amendment 27 #
Proposal for a directive
Recital 3
Recital 3
(3) Therefore, Member States shall take all the necessary measures to ensure that the rules governing the eligibility, issuance, renewal or withdrawal, mutual recognition and data protection 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, as well as the rights for beneficiaries, including access on equal terms and conditions 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), regardless of their nationality, set out in Directive ../…., equally apply to third country nationals legally residing in the Union and who are entitled to move or travel to other Member States in accordance with Union law. 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 to the card holder. The European Disability Card should be issued and renewed by the Member State of residence directly, where already provided for in the national disability assessment and recognition procedure or upon the application of the person with disabilities or card holder. Where not issued directly, persons with disabilities should be duly informed about the possibility to apply for the European Disability Card.
Amendment 35 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Personal assistants, regardless of their nationality, accompany or assist persons with disabilities or carry out activities of daily living if need be in the framework of a contractual relationship, in accordance with national law and practice, with the objective of encouraging personal autonomy, facilitating community life and promoting the independent living of persons with disabilities. Persons accompanying or assisting persons with disabilities are designated by the persons with disabilities themselves or by 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 the requirements of the persons with disabilities.
Amendment 37 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Member States shall ensure that the European Disability Card is equally accessible to people with disabilities regardless of their sex, gender, gender expression, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation or sex characteristics.
Amendment 38 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3 b) The UNCRPD also 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. In particular, it recognises the principle of gender equality, that women and girls with disabilities are often at greater risk and subject to multiple and intersectional discrimination and that State Parties should take adequate measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms. Therefore, the European Disability Card and European Parking Card for persons with disabilities should have a clear gender equality perspective and contribute to improving free movement, especially for women and girls with disabilities. The Convention on Preventing and Combating Violence against Women and Domestic Violence, to which the Union is party, should also guide the establishment and implementation of the European Disability Card and the European Parking Card for persons with disabilities in this context.
Amendment 41 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3 b) Third-country nationals should have a right of redress, including adequate compensation, in the case of infringements of their rights arising from this Directive. Member States should ensure that those provisions comply with the principle of reasonable accommodation for persons with disabilities in their design and implementation in line with the UNCRPD.
Amendment 42 #
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3 c) The equality and non- discrimination mandate contained in Article 5 of the CRPD is relevant, as the European Disability Card is meant to accelerate the equality of persons with disabilities through their mutual recognition within the EU. There is a need to approach mobility and free movement in a gender sensitive way so that this legislation contributes to recognising the rights of women and girls with disabilities, mothers and caregivers of persons with disabilities and adopting an intersectional approach in protecting them from discrimination. It is imperative to recognize that women and girls with disabilities are affected by discrimination in many areas of life including social isolation, lack of access to community services, low-quality housing, institutionalisation and inadequate healthcare, which hampers them from contributing and engaging actively in society. Women with disabilities are 10 times more likely to experience physical or sexual assault than women without disabilities and therefore information on the access to specialized support services should be made available for those women with disabilities having suffered any form of gender based violence. Overall, the situation for women and girls with disabilities is worse than those of men and boys with disabilities, with this being accentuated for example in rural areas where access to services and opportunities in general is much more limited. Any person with a disability, according to the meaning stated in Article 1 of the CRPD, when they reside or move in an EU Member State other than their own, should have their disability status recognised.
Amendment 45 #
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3 c) A European Disability Card should not be required as proof of disability status by persons with disabilities or persons accompanying or assisting them, including their personal assistants or assistance animals, in order to access or exercise any rights provided for in other Union or national law, including those granting specific benefits, special conditions, or preferential treatment.
Amendment 46 #
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
(3 d) The European Disability Card shall be issued or renewed by the Member State of residence directly where already provided for in the national disability assessment and recognition procedure or upon application by the person with disabilities. Third-country nationals with disabilities shall be duly informed about the possibility to apply for the European Disability Card where it is not issued directly. It shall be issued and renewed free of charge to the beneficiary within either 60 days or within 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 54 #
Proposal for a directive
Recital 8
Recital 8
(8) Since the objective of this Directive, namely to strengthen the exercise of the free movement rights of persons with disabilities, to facilitate the possibilities to move, or travel to other Member States, for persons with disabilities (or those accompanying or assisting them), including their personal assistants, regardless of their nationality, who are third-country nationals legally residing in the territory of a Member State and who are entitled to move or travel to other Member States in accordance with Union law, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action establishing a framework with rules and common conditions, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,
Amendment 57 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 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 Union website, available in all official Union languages, collating the special conditions or preferential treatment offered by their public authorities. Member States should facilitate that information on the website where available and to update it regularly, including when changes occur in accordance with national legislation.
Amendment 60 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Member States shall ensure that the rules laid down in [Directive (EU) XXXXX] apply to third country nationals not falling within the scope of that Directive whose disability status and/or rights to parking conditions and facilities reserved for persons with disabilities have been recognised by the Member State of their residence, as well as to persons accompanying or assisting them, including their personal assistant(s) regardless their nationality within the meaning Article 3 point (d) of that Directive, as well as assistance animals such as guide dogs or assistance dogs.
Amendment 67 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive shall not affect the applicable Union rules governing mobility across the Union, of third country nationals legally residing in the territory of a Member State.
Amendment 71 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
For the purposes of this Directive “third country national” means any person who is neither a Union citizen within the meaning of Article 20(1) TFEU nor a family member of a Union citizen exercising his or her right of free movement within the meaning of Articles 2(2) and 3(2) of Directive 2004/38/EC, and who is legally residing in the territory of a Member State and is entitled to move or travel to other Member States in accordance with Union law.
Amendment 73 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
By dd/mm/yy [two years from the date of application of this Directive], and every four years thereafter, the Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.
Amendment 74 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
The European Disability Card and the European Parking Card for persons with disabilities shall always be issued or renewed free of charge by the Member State of residence upon application by the person with disabilities.
Amendment 76 #
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
The report shall include an assessment of the use of the card as regards portability in the area of social security benefits, social protection and social assistance. The report shall also include an intersectionality and gender equality analysis of the impact of this Directive on the free movement of persons with disabilities who have intersecting identities,
Amendment 80 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.