94 Amendments of Rosa ESTARÀS FERRAGUT related to 2023/0311(COD)
Amendment 1 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) Whereas the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular in its Articles 3, 6, 7, 8, 14, 15, 16, 20, 21, 23, 24, 25, 26, 31, 34, 35, 36, 41, 42, 45, and 47, brings together the most important personal freedoms and rights, including for persons with disabilities, (2b) Whereas The resolution of 13 December 2022 entitled ‘Towards equal rights for persons with disabilities1a, states the importance and need to have an EU disability card, (2c) Whereas the resolution of 4 October 2023 entitled ‘Harmonising the rights of autistic persons2a, highlights the importance of the proposal on the EU disability card, __________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0435_EN.html 2a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0343_EN.html
Amendment 1 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) Whereas the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular in its Articles 3, 6, 7, 8, 14, 15, 16, 20, 21, 23, 24, 25, 26, 31, 34, 35, 36, 41, 42, 45, and 47, brings together the most important personal freedoms and rights, including for persons with disabilities, (2b) Whereas The resolution of 13 December 2022 entitled ‘Towards equal rights for persons with disabilities1a, states the importance and need to have an EU disability card, (2c) Whereas the resolution of 4 October 2023 entitled ‘Harmonising the rights of autistic persons2a, highlights the importance of the proposal on the EU disability card, __________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0435_EN.html 2a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0343_EN.html
Amendment 2 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Whereas Gender equality is a value of the Union enshrined in Article 2 TEU, and in Article 8 TFEU it is stated that in all its activities the Union shall aim to eliminate inequalities, establishing the principle of gender mainstreaming and gender equality; whereas The European Union has ratified the Istanbul Convention on preventing and combating violence against women and domestic violence, and therefore, the protection and support provided under the Istanbul Convention must be available to any woman without discrimination, regardless of any disability;
Amendment 2 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Whereas Gender equality is a value of the Union enshrined in Article 2 TEU, and in Article 8 TFEU it is stated that in all its activities the Union shall aim to eliminate inequalities, establishing the principle of gender mainstreaming and gender equality; whereas The European Union has ratified the Istanbul Convention on preventing and combating violence against women and domestic violence, and therefore, the protection and support provided under the Istanbul Convention must be available to any woman without discrimination, regardless of any disability;
Amendment 3 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3 b) 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 factual 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 3 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3 b) 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 factual 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 4 #
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. In its article 6, the UNCRPD specifically recognises that women and girls with disabilities are subject to multiple discrimination, due in many cases to the intersection of gender and disability, which impacts all spheres of their life including their mobility experiences requiring State parties to “take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms” and ensure the full development, advancement and empowerment of women. Women with disabilities often face intersectional forms of discrimination, and thus EU legislation need to integrate an intersectional approach in order to properly address exclusion and discrimination from a comprehensive, systemic and structural perspective; EU Member States are bound by the UNCRPD, however there are significant differences between the countries’ implementation1a. There is a need to progress on equality for persons with disabilities in all countries, for example through investments in infrastructure, capacity building and awareness raising campaigns. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure universal accessibility to persons with disabilities., as for instance to the ones with functional illiteracy mostly affecting women, especially in regards to the current directive, and to ensure that persons with disabilities enjoy personal mobility with the greatest possible independence. (6 a) It is necessary to acknowledge that women and girls with disabilities face increased risk of violence and abuse, including sexual abuse, and have heightened vulnerability on account of their sex, age and disability, (6 b) Figures clearly show that caregivers of disabled people are in their vast majority women and that therefore a gender sensitive approach has to be applied also when considering the caregivers side. __________________ 1a Implementing the UN Convention on the Rights of Persons with Disabilities, https://fra.europa.eu/sites/default/files/fra _uploads/fra-2023-uncrpd-human-rights- indicators_en.pdf
Amendment 4 #
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. In its article 6, the UNCRPD specifically recognises that women and girls with disabilities are subject to multiple discrimination, due in many cases to the intersection of gender and disability, which impacts all spheres of their life including their mobility experiences requiring State parties to “take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms” and ensure the full development, advancement and empowerment of women. Women with disabilities often face intersectional forms of discrimination, and thus EU legislation need to integrate an intersectional approach in order to properly address exclusion and discrimination from a comprehensive, systemic and structural perspective; EU Member States are bound by the UNCRPD, however there are significant differences between the countries’ implementation1a. There is a need to progress on equality for persons with disabilities in all countries, for example through investments in infrastructure, capacity building and awareness raising campaigns. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure universal accessibility to persons with disabilities., as for instance to the ones with functional illiteracy mostly affecting women, especially in regards to the current directive, and to ensure that persons with disabilities enjoy personal mobility with the greatest possible independence. (6 a) It is necessary to acknowledge that women and girls with disabilities face increased risk of violence and abuse, including sexual abuse, and have heightened vulnerability on account of their sex, age and disability, (6 b) Figures clearly show that caregivers of disabled people are in their vast majority women and that therefore a gender sensitive approach has to be applied also when considering the caregivers side. __________________ 1a Implementing the UN Convention on the Rights of Persons with Disabilities, https://fra.europa.eu/sites/default/files/fra _uploads/fra-2023-uncrpd-human-rights- indicators_en.pdf
Amendment 5 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) (6a) Whereas data from the European Institute for Gender Equality1a shows that in the EU, 20% of women with disabilities are in full-time employment, comparing to 29% of men with disabilities and 48% of women without disabilities. 22% of women with disabilities are at risk of poverty, comparing to 20% of men with disabilities and 16% of women without disabilities. 17% of women with disabilities graduate tertiary education, comparing to 18% of men with disabilities and 32% of women without disabilities. 11% of women with disabilities have unmet needs for medical examination, comparing to 10% men with disabilities and 3% women without disabilities; whereas there are approximately 46 million women and girls with disabilities in the EU, comprising about 16% of its total female population and representing 60% of the overall population of persons with disabilities1b; therefore a gender- sensitive approach has to be applied when establishing a European Disability Card, and following the specific recommendations adopted by the CRPD Committee on the initial report of the EU in 2015, in particular, the mainstreaming of women and girls with disabilities perspective must be at the centre of the EU Gender Equality strategy, together with policies and programmes and a gender perspective in its Disabilities strategy. The Committee also recommended that the European Union develops actions to advance the rights of women and girls with disabilities by establishing a mechanism to monitor progress and support funding data collection and research on women and girls with disabilities1c; whereas the European Commission and EU Member States shall ensure that gender disaggregated data is collected to elaborate a gender impact assessment of the Directive and guarantee its gender- mainstreamed revision in the future. __________________ 1a 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 1b https://www.edf-feph.org/women-and- gender-equality/ 1c Concluding observations on the initial report of the European Union CRPD/C/EU/CO/1, Committee on the Rights of Persons with Disabilities, 2 October 2015.
Amendment 5 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) (6a) Whereas data from the European Institute for Gender Equality1a shows that in the EU, 20% of women with disabilities are in full-time employment, comparing to 29% of men with disabilities and 48% of women without disabilities. 22% of women with disabilities are at risk of poverty, comparing to 20% of men with disabilities and 16% of women without disabilities. 17% of women with disabilities graduate tertiary education, comparing to 18% of men with disabilities and 32% of women without disabilities. 11% of women with disabilities have unmet needs for medical examination, comparing to 10% men with disabilities and 3% women without disabilities; whereas there are approximately 46 million women and girls with disabilities in the EU, comprising about 16% of its total female population and representing 60% of the overall population of persons with disabilities1b; therefore a gender- sensitive approach has to be applied when establishing a European Disability Card, and following the specific recommendations adopted by the CRPD Committee on the initial report of the EU in 2015, in particular, the mainstreaming of women and girls with disabilities perspective must be at the centre of the EU Gender Equality strategy, together with policies and programmes and a gender perspective in its Disabilities strategy. The Committee also recommended that the European Union develops actions to advance the rights of women and girls with disabilities by establishing a mechanism to monitor progress and support funding data collection and research on women and girls with disabilities1c; whereas the European Commission and EU Member States shall ensure that gender disaggregated data is collected to elaborate a gender impact assessment of the Directive and guarantee its gender- mainstreamed revision in the future. __________________ 1a 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 1b https://www.edf-feph.org/women-and- gender-equality/ 1c Concluding observations on the initial report of the European Union CRPD/C/EU/CO/1, Committee on the Rights of Persons with Disabilities, 2 October 2015.
Amendment 8 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. Member States shall take all necessary measures to recognise all persons with disabilities who are holders of a European Disability Card to ensure mutual recognition of the card as means of protection against discrimination on the grounds of disability, with the consequent right of access throughout the EU to the remedies and mechanisms provided against breaches of rights and lack of effective equal treatment; in particular Member States shall ensure that the European Disability Card is equally accessible to people with disabilities regardless of their sex, gender, 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.
Amendment 8 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. Member States shall take all necessary measures to recognise all persons with disabilities who are holders of a European Disability Card to ensure mutual recognition of the card as means of protection against discrimination on the grounds of disability, with the consequent right of access throughout the EU to the remedies and mechanisms provided against breaches of rights and lack of effective equal treatment; in particular Member States shall ensure that the European Disability Card is equally accessible to people with disabilities regardless of their sex, gender, 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.
Amendment 59 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) New point (8) CRPD states in Article 18, dedicated to Liberty of movement and nationality, that States Parties shall recognize the rights of persons with disabilities to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others, including by ensuring that persons with disabilities are not deprived, on the basis of disability, of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement.
Amendment 68 #
Proposal for a directive
Recital 15
Recital 15
(15) Alongside physical and othervisible 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 . The lack of recognition of disability status in other Member States might limit their access to special conditions, such as free access or reduced tariffs, or preferential treatment and has an impact on their travel costs, lives and choices. Similarly, lack of knowledge about physical, psychosocial, cognitive and sensory accessibility is a breeding ground for discriminatory behaviour. _________________ 48 Findings from Final Report based on Survey targeted at EU-level CSOs; Shaw and Coles, ‘Disability, holiday making and the tourism industry in the UK: a preliminary survey’, 25(3) Tourism Management (2004) 397-403; Eugénia Lima Devile and Andreia Antunes Moura (2021), Travel by People With Physical Disabilities: Constraints and Influences in the Decision-Making Process. 49 McKercher and Darcy (2018), Re- conceptualizing barriers to travel by people with disabilities, Tourism Management Perspectives, 59-66. [More for Explanatory Memorandum?]
Amendment 72 #
Proposal for a directive
Recital 19
Recital 19
(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.
Amendment 80 #
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 universal accessibility to persons with disabilities and to ensure that persons with disabilities enjoy personal mobility with the greatest possible independence.
Amendment 86 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) 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 global recognition within the EU, in its member countries and among themselves.
Amendment 87 #
Proposal for a directive
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(a a) (a) The conditions necessary to promote equality for persons with disabilities and to contribute to their free movement within the EU, without obstacles to free movement and with the individual supports that each person needs, projecting the EU's basic foundation, free mobility, to all persons with disabilities, who so far face severe disadvantages in this domain.
Amendment 88 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) CRPD states in Article 18, dedicated to Liberty of movement and nationality, that States Parties shall recognize the rights of persons with disabilities to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others, including by ensuring that persons with disabilities are not deprived, on the basis of disability, of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement.
Amendment 92 #
Proposal for a directive
Article 2 – paragraph 1 – indent 3 a (new)
Article 2 – paragraph 1 – indent 3 a (new)
– (-)–– Protection services in humanitarian emergencies and risk situations.
Amendment 93 #
Proposal for a directive
Article 2 – paragraph 1 – indent 3 b (new)
Article 2 – paragraph 1 – indent 3 b (new)
– (-)–– Justice services, including free legal aid.
Amendment 94 #
Proposal for a directive
Article 2 – paragraph 1 – indent 3 c (new)
Article 2 – paragraph 1 – indent 3 c (new)
– (-)–– Recognition of the disability vis-à-vis institutions, authorities and policies promoted by all European Union bodies, in particular in EU mobility programmes (such as ERASMUS+ and other similar programmes). In the case of EU mobility programmes, the duration shall be extended to at least one school year.
Amendment 98 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 (new)
Article 2 – paragraph 2 – subparagraph 1 (new)
The provisions of this paragraph do not apply in cases where people with disabilities move to work or study in another EU country. In this case, the Directive will ensure temporary access to the personal and financial benefits and assistive devices necessary for personal autonomy while the disability is reassessed in the new country of residence.
Amendment 99 #
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) and guide dogs and assistance dogs.
Amendment 100 #
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) and guide dogs and assistance dogs, may derive from other provisions of Union law or national law implementing Union law, including those granting specific benefits, special conditions, or preferential treatment.
Amendment 101 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) Being a woman is a factor that affects all dimensions, including mobility and free movement, and must therefore be considered so that this legislation contributes to recognising the rights of women and girls with disabilities, mothers and carers of persons with disabilities and protecting them from intersectional discrimination.
Amendment 101 #
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) New point (a) Discrimination on the basis of disability" means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation.
Amendment 103 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) “personal assistant” is a person accompanying or assisting persons with disabilities who is recognised in accordance with the national legislation or practices as such; this person performs or assists in the daily living tasks of another person who is unable or in need of such assistance. Its aim is to promote independent living, foster personal autonomy and facilitate community living. The relationship between the two is contractual in nature and shall present a profile appropriate to the multiple tasks to be performed.
Amendment 105 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) The European Union has ratified the Convention on preventing and combating violence against women and domestic violence, the Istanbul Convention.
Amendment 105 #
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) or assistance animaldogs or guide dogs recognised in accordance with the national legislation or practices as such, irrespective whether provided on a voluntary basis or imposed by legal obligations;
Amendment 109 #
Proposal for a directive
Recital 15
Recital 15
(15) Alongside physical and othervisible and invisible barriers in accessing both public and private spaces, high expenses are a key factor discouraging many persons with disabilities from travel 48 , because they have specific needs and may also require person(s) accompanying or assisting them including those recognised as personal assistant(s) in accordance with national legislation or practices, making their travel costs higher than for persons without disabilities 49 . The lack of recognition of disability status in other Member States might limit their access to special conditions, such as free access or reduced tariffs, or preferential treatment and has an impact on their travel costs, lives and choices. _________________ 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-MakSimilarly, lack of knowledge about physical, psychosocial, cognitive and sensory accessibility is a breeding Pgrocess. 49 McKercher and Darcy (2018), Re- conceptualizing barriers to travel by people with disabilities, Tourism Management Perspectives, 59-66. [More for Explanatory Memorandum?]und for discriminatory behaviour.
Amendment 110 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) Union citizens and family members of Union citizens whose disability status is recognised by the competent authorities in the Member State of their residence by means of a certificate, a card or any other formal document issued in accordance with national competences, practices, and procedures, as well as, when applicable, to person(s) accompanying or assisting them including personal assistant(s), as well as guide and assistance dogs,
Amendment 113 #
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) New point (c) Any person with a factual disability, according to the meaning stated in Article 1 of the CRPD, when they reside and are displaced in an EU State other than their own, even if they do not have a disability status recognised by their Member State of residence
Amendment 114 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
New point (d) Persons with disabilities in a situation of international protection in an EU member state.
Amendment 115 #
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
New point (e) Citizens of the Union who have a medical certificate of diagnosis of autism spectrum disorder issued or validated by the health services supported by public funds.
Amendment 116 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. New point (1)Member States shall take all necessary measures to recognise all persons with disabilities who are holders of a European Disability Card as being specially protected against discrimination on the grounds of disability, with the consequent right of access throughout the EU to the remedies and mechanisms provided against breaches of rights and lack of effective equal treatment.
Amendment 117 #
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 and assistance animaldogs of the holder of a European Disability Card;
Amendment 119 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) To this must be added the enormous lack of knowledge about psychosocial accessibility, which is why no individual and structural measures are taken to eliminate the barriers that hinder or impede it, including attitudinal, administrative and systemic or symbolic barriers, in order to help combat the stigma and prejudices that lead to discrimination, violence, abuse, social exclusion and segregation, which constitute obstacles to the effective exercise of the rights of persons with disabilities and do not favour respect for their autonomy, will and preferences.
Amendment 119 #
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 the person(s) accompanying or assisting them, including personal assistant(s) of the holder of the European Parking Card for persons with disabilities, provided that the card holder is in the vehicle.
Amendment 120 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a New point (4) Service providers shall comply with the following obligations and measures: (a) Service providers are obliged to recognise holders of the European Disability Card as persons who are specially protected against discrimination on the grounds of disability by guaranteeing them the right of access throughout the EU to the remedies and mechanisms available to them against infringements of their rights. (b) Service providers shall ensure that they provide services in accordance with the accessibility requirements set out in this Directive. (c) Service providers shall produce the necessary information in accordance with Annex I and explain how their services comply with the applicable accessibility requirements. The information shall be made available to the public in a form that is universally accessible to all persons with disabilities. (d) In the event of non-compliance, service providers shall take the necessary corrective measures to bring the service into compliance with the applicable universal accessibility requirements.
Amendment 122 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. European Disability Cards issued by Member States shall be mutually recognised in all Member States and before the UE institutions. The European Disability Card will be compatible with any national disability recognition card or certificate.
Amendment 124 #
Proposal for a directive
Recital 19
Recital 19
(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. _________________ 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 . Access to services should be instantaneous without requiring a new application in case of moving to and othe Slovak Republic OJ L 63/43,7.3.2008r country.
Amendment 128 #
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 the event of a change of country of residence, the renewal period may be extended by 6 to 8 months.
Amendment 133 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5 a. New point (5) The European Disability Card will be issued (first and subsequent issues) free of charge, at no cost to the person applying for it.
Amendment 134 #
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 the event of a change of country of residence, the renewal period may be extended by 6 to 8 months.
Amendment 135 #
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, assistance on the beach to enter the water, support (such as access to braille, audio guides, sign language interpretation), provisions of aids or assistance, loan of a wheelchair, loan of a floating wheelchair, obtaining tourist information in accessible formats, using a mobility scooter on roads or a wheelchair in bike lanes without a fine, etc. Parking conditions and facilities include extended parking or reserved parking spaces. With respect to passenger transport services, in addition to the special conditions or preferential treatment offered to persons with disabilities, in accordance with national legislation or practices, assistance animals, personal assistants or other persons accompanying or assisting persons with disabilities (or reduced mobility) may travel free of charge or be seated, where practicable next to the person with disabilities. With regard to the adoption of effective measures to ensure mobility, it is necessary to consider accessibility for people with disabilities in the different means of public transport (train, plane, etc.) and who need to use their own wheelchair due to the specialisation required to guarantee their safety.
Amendment 135 #
Proposal for a directive
Article 6 – paragraph 7 – point 1 (new)
Article 6 – paragraph 7 – point 1 (new)
(1) New point (8) Universal accessibility shall be ensured throughout the process related to the format, mutual recognition, issuing and validity of the European Disability Card.
Amendment 136 #
Proposal for a directive
Article 6 – paragraph 7 – point 2 (new)
Article 6 – paragraph 7 – point 2 (new)
(2) New point (9) In the event that the same person with a disability holds both the European Disability Card and the Parking Card, flexible and simple formulas will be established that allow for the same material and/or digital support, in order to avoid unnecessary administrative burdens.
Amendment 140 #
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 within a reasonable period from the date of the application which shall not exceed 60 daysThe presentation of the application for renewal of the parking card within the period provided for in the applicable State regulations, extends the validity of the previously issued card until the resolution of the procedure. In the event that the application is submitted within ninety calendar days after the date on which the validity of the last card issued has expired, it will be understood that the validity of the card will continue to be valid until the resolution of the corresponding renewal procedure.
Amendment 150 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28 a) It is imperative to take into account the gender-based violence to which European women and girls with disabilities are most exposed. This means that access to resources, mechanisms and benefits to combat and mitigate this scourge must be guaranteed throughout the EU, responding to the protection and support needs of women and girls with disabilities, mothers and carers who are victims of violence, abuse and mistreatment.
Amendment 155 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. New point (3) In addition, the European institutions should disseminate information and training on the European Disability Card on an ongoing basis, through successive training and awareness-raising campaigns on its use, in formats that ensure universal accessibility and with the participation of persons with disabilities and their representative organisations. This information should clearly include the voluntary nature of the card. Specific funding lines should be made available within the Union for this purpose.
Amendment 157 #
Proposal for a directive
Article 9 – paragraph 7 – point 1 (new)
Article 9 – paragraph 7 – point 1 (new)
(1) New point (8) In order to establish a centralized information system at EU level, it would be necessary to create a website containing all information about the European Disability Card or the European Parking Card for people with disabilities and, where applicable, how to apply for it, in a universally accessible format, in all languages of the European Union, including sign language, easy-to- read and alternative and augmentative means of communication, should be set up.
Amendment 158 #
Proposal for a directive
Article 9 – paragraph 7 – point 2 (new)
Article 9 – paragraph 7 – point 2 (new)
(2) New point (9) Representative organisations of persons with disabilities should be involved in the whole process of development, planning, implementation, monitoring and evaluation.
Amendment 163 #
Proposal for a directive
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) provisions whereby persons with disabilities and their representative organisations may take action under national law before the courts or before the competent administrative bodies in case of violations of their rights under this Directive and in national provisions implementing this Directive;
Amendment 166 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. New point (3)An authority should be established to set up an institutional mechanism to monitor and control compliance with the regulations related to the implementation, monitoring and evaluation of the European Disability Card.
Amendment 177 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. They shall apply those provisions from dd/mm/yy [320 months from the date of entry into force of this Directive].
Amendment 180 #
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36 a) With regard to the adoption of effective measures to ensure mobility, it is necessary to consider accessibility for persons with disabilities in the different means of public transport (train, plane, etc.) and who need to use their own wheelchair due to the specialisation required to guarantee their safety.
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(a a) The conditions necessary to promote equality for persons with disabilities and to contribute to their free movement within the EU, without obstacles to free movement and with the individual supports that each person needs, projecting the EU's basic foundation, free mobility, to all persons with disabilities, who so far face severe disadvantages in this domain.
Amendment 197 #
Proposal for a directive
Article 2 – paragraph 1 – indent 3 a (new)
Article 2 – paragraph 1 – indent 3 a (new)
– Information and counselling services for women with disabilities, with special attention to women and girls who are victims of violence and abuse.
Amendment 198 #
Proposal for a directive
Article 2 – paragraph 1 – indent 3 b (new)
Article 2 – paragraph 1 – indent 3 b (new)
– Protection services in humanitarian emergencies and risk situations.
Amendment 199 #
Proposal for a directive
Article 2 – paragraph 1 – indent 3 c (new)
Article 2 – paragraph 1 – indent 3 c (new)
– Justice services, including free legal aid.
Amendment 200 #
Proposal for a directive
Article 2 – paragraph 1 – indent 3 d (new)
Article 2 – paragraph 1 – indent 3 d (new)
– Recognition of the disability vis-à- vis institutions, authorities and policies promoted by all European Union bodies, in particular in EU mobility programmes (such as ERASMUS+ and other similar programmes). In the case of EU mobility programmes, the duration shall be extended to at least one school year.
Amendment 203 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 (new)
Article 2 – paragraph 2 – subparagraph 1 (new)
The provisions of this paragraph do not apply in cases where people with disabilities move to work or study in another EU country. In this case, the Directive will ensure temporary access to the personal and financial benefits and assistive devices necessary for personal autonomy while the disability is reassessed in the new country of residence.
Amendment 213 #
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) and guide dogs and assistance dogs.
Amendment 216 #
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) and guide dogs and assistance dogs, may derive from other provisions of Union law or national law implementing Union law, including those granting specific benefits, special conditions, or preferential treatment.
Amendment 219 #
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) Discrimination on the basis of disability" means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation.
Amendment 223 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) “personal assistant” is a person accompanying or assisting persons with disabilities who is recognised in accordance with the national legislation or practices as such; this person performs or assists in the daily living tasks of another person who is unable or in need of such assistance. Its aim is to promote independent living, foster personal autonomy and facilitate community living. The relationship between the two is contractual in nature and shall present a profile appropriate to the multiple tasks to be performed.
Amendment 230 #
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) or assistance animaldogs or guide dogs recognised in accordance with the national legislation or practices as such, irrespective whether provided on a voluntary basis or imposed by legal obligations;
Amendment 245 #
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 and assistance dogs,
Amendment 253 #
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(b a) Any person with a factual disability, according to the meaning stated in Article 1 of the CRPD, when they reside and are displaced in an EU State other than their own, even if they do not have a disability status recognised by their Member State of residence.
Amendment 254 #
Proposal for a directive
Article 4 – paragraph 1 – point b b (new)
Article 4 – paragraph 1 – point b b (new)
(b b) Persons with disabilities in a situation of international protection in an EU Member State.
Amendment 255 #
Proposal for a directive
Article 4 – paragraph 1 – point b c (new)
Article 4 – paragraph 1 – point b c (new)
(b c) Citizens of the Union who have a medical certificate of diagnosis of autism spectrum disorder issued or validated by the health services supported by public funds.
Amendment 260 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. Member States shall take all necessary measures to recognise all persons with disabilities who are holders of a European Disability Card as being specially protected against discrimination on the grounds of disability, with the consequent right of access throughout the EU to the remedies and mechanisms provided against breaches of rights and lack of effective equal treatment.
Amendment 266 #
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 and assistance animaldogs of the holder of a European Disability Card;
Amendment 269 #
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 the person(s) accompanying or assisting them, including personal assistant(s) of the holder of the European Parking Card for persons with disabilities, provided that the card holder is in the vehicle.
Amendment 271 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. Service providers shall comply with the following obligations and measures: (a) Service providers are obliged to recognise holders of the European Disability Card as persons who are specially protected against discrimination on the grounds of disability by guaranteeing them the right of access throughout the EU to the remedies and mechanisms available to them against infringements of their rights. (b) Service providers shall ensure that they provide services in accordance with the accessibility requirements set out in this Directive. (c) Service providers shall produce the necessary information in accordance with Annex I and explain how their services comply with the applicable accessibility requirements. The information shall be made available to the public in a form that is universally accessible to all persons with disabilities. (d) In the event of non-compliance, service providers shall take the necessary corrective measures to bring the service into compliance with the applicable universal accessibility requirements.
Amendment 280 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. European Disability Cards issued by Member States shall be mutually recognised in all Member States and before the UE institutions. The European Disability Card will be compatible with any national disability recognition card or certificate.
Amendment 291 #
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 the event of a change of country of residence, the renewal period may be extended by 6 to 8 months.
Amendment 303 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5 a. The European Disability Card will be issued (first and subsequent issues) free of charge, at no cost to the person applying for it.
Amendment 305 #
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 the event of a change of country of residence, the renewal period may be extended by 6 to 8 months.
Amendment 312 #
Proposal for a directive
Article 6 – paragraph 7 – point 1 (new)
Article 6 – paragraph 7 – point 1 (new)
(1) Universal accessibility shall be ensured throughout the process related to the format, mutual recognition, issuing and validity of the European Disability Card.
Amendment 313 #
Proposal for a directive
Article 6 – paragraph 7 – point 2 (new)
Article 6 – paragraph 7 – point 2 (new)
(2) In the event that the same person with a disability holds both the European Disability Card and the Parking Card, flexible and simple formulas will be established that allow for the same material and/or digital support, in order to avoid unnecessary administrative burdens.
Amendment 324 #
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 within a reasonable period from the date of the application which shall not exceed 60 daysThe presentation of the application for renewal of the parking card within the period provided for in the applicable State regulations, extends the validity of the previously issued card until the resolution of the procedure. In the event that the application is submitted within ninety calendar days after the date on which the validity of the last card issued has expired, it will be understood that the validity of the card will continue to be valid until the resolution of the corresponding renewal procedure.
Amendment 345 #
Proposal for a directive
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. The Commission shall establish a publicly accessible database, available in all EU official languages, containing information concerning the European Parking Card for persons with disabilities, as defined at local, regional or national level.
Amendment 352 #
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, and upon request in assistive formats requested by persons with disabilities. The Commission ensures that such informations are available in all EU official languages on an EU-level website.
Amendment 366 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Commission and 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.
Amendment 373 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. In addition, the European institutions should disseminate information and training on the European Disability Card on an ongoing basis, through successive training and awareness-raising campaigns on its use, in formats that ensure universal accessibility and with the participation of persons with disabilities and their representative organisations. This information should clearly include the voluntary nature of the card. Specific funding lines should be made available within the Union for this purpose.
Amendment 383 #
Proposal for a directive
Article 9 – paragraph 7 – point 1 (new)
Article 9 – paragraph 7 – point 1 (new)
(1) A website containing all information about the European Disability Card or the European Parking Card for people with disabilities and, where applicable, how to apply for it, in a universally accessible format, in all languages of the European Union, including sign language, easy-to-read and alternative and augmentative means of communication, should be set up.
Amendment 384 #
Proposal for a directive
Article 9 – paragraph 7 – point 2 (new)
Article 9 – paragraph 7 – point 2 (new)
(2) Representative organisations of persons with disabilities should be involved in the whole process of development, planning, implementation, monitoring and evaluation.
Amendment 397 #
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 409 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall be assisted by a committee and involve persons with disabilities and their representative organisations. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 412 #
Proposal for a directive
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) provisions whereby persons with disabilities and their representative organisations may take action under national law before the courts or before the competent administrative bodies in case of violations of their rights under this Directive and in national provisions implementing this Directive;
Amendment 415 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. An authority should be established to set up an institutional mechanism to monitor and control compliance with the regulations related to the implementation, monitoring and evaluation of the European Disability Card.
Amendment 446 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. They shall apply those provisions from dd/mm/yy [320 months from the date of entry into force of this Directive].