39 Amendments of Izaskun BILBAO BARANDICA related to 2023/0311(COD)
Amendment 32 #
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 35 #
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 36 #
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 49 #
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 51 #
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 55 #
(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 ,. Similarly, lack of knowledge about physical, psychosocial, cognitive and sensory accessibility is a breeding ground for discriminatory behaviour 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. _________________ 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 61 #
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 82 #
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 99 #
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 101 #
Proposal for a directive
Article 2 – paragraph 1 – indent 1 a (new)
Article 2 – paragraph 1 – indent 1 a (new)
– Information and counselling services for people with disabilities, with special attention to women and girls who are victims of violence and abuse
Amendment 102 #
Proposal for a directive
Article 2 – paragraph 1 – indent 1 b (new)
Article 2 – paragraph 1 – indent 1 b (new)
– Protection services in humanitarian emergencies and risk situations
Amendment 103 #
Proposal for a directive
Article 2 – paragraph 1 – indent 1 c (new)
Article 2 – paragraph 1 – indent 1 c (new)
– – Justice services, including free legal aid.
Amendment 104 #
Proposal for a directive
Article 2 – paragraph 1 – indent 1 d (new)
Article 2 – paragraph 1 – indent 1 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 105 #
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 110 #
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 112 #
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 117 #
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(c 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 118 #
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 122 #
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 124 #
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 130 #
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 133 #
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 135 #
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 136 #
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 137 #
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 141 #
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 149 #
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 155 #
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 157 #
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 162 #
Proposal for a directive
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7 a. Universal accessibility shall be ensured throughout the process related to the format, mutual recognition, issuing and validity of the European Disability Card
Amendment 163 #
Proposal for a directive
Article 6 – paragraph 7 b (new)
Article 6 – paragraph 7 b (new)
7 b. 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 171 #
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 195 #
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 people 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 201 #
Proposal for a directive
Article 9 – paragraph 7 a (new)
Article 9 – paragraph 7 a (new)
7 a. 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 the languages of the European Union, including sign language, easy-to-read and alternative and augmentative means of communication, should be set up. When the authorities indicated by the member states in accordance with article 10 of this directive operate in territories with more than one official language, they shall ensure that the administrators of this site are provided with this information content in these official languages in order to avoid discrimination in access to information for linguistic reasons.
Amendment 203 #
Proposal for a directive
Article 9 – paragraph 7 b (new)
Article 9 – paragraph 7 b (new)
7 b. Representative organisations of persons with disabilities should be involved in the whole process of development, planning, implementation, monitoring and evaluation
Amendment 212 #
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 214 #
Proposal for a directive
Article 13 – paragraph 2 – point b a (new)
Article 13 – paragraph 2 – point b a (new)
(b a) Regulated procedures for the competent authorities indicated by the States in accordance with Article 10 of this Directive to carry out periodic campaigns to prevent and avoid the risk of counterfeiting or fraud of the European Disability Insurance Card and the European Parking Card for people with disabilities and to report periodically on the casuistry and the results of these campaigns.
Amendment 215 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. A specific authority should be established to set up an institutional mechanism to monitor and control compliance with the rules related to the implementation, monitoring, evaluation of the European Disability Insurance Card and fraud control. An information exchange mechanism will ensure efficient communication of detected malfunctions between the competent authorities of the Member States.
Amendment 231 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. They shall apply those provisions from dd/mm/yy [3012 months from the date of entry into force of this Directive].