On the proposal for a directive of the European Parliament and of the Council extending Directive [XXXX] to third country nationals legally residing in a Member State
A-9-2024-0059
Committee on Employment and Social Affairs Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Antonius Manders, Alice Kuhnke
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Parliament's amended version of the Commission proposal for a directive extending Directive [XXXX] to third-country nationals legally residing in a Member State. It makes the rules, rights and obligations of the European Disability Card and European Parking Card apply to these nationals, their personal assistants and assistance animals.¶¶¶ It adds rules on free issuance and renewal of the European Disability Card, fees for reissuance and parking cards, information in accessible formats, and protection against forgery and fraud.¶¶¶ It requires Member States to ensure compliance and allows equality bodies, associations and other entities to act on behalf of persons with disabilities. It also addresses intersectional discrimination, with a focus on women and girls.¶¶¶ It requires the Commission to report on the application of the directive, including on intersectional discrimination, and to inform Parliament of national measures.¶
Committee position. The committees propose to adopt Parliament's position at first reading with amendments to the Commission proposal, extending the directive to third-country nationals and adding rules on free issuance, information, compliance, fraud prevention and reporting.¶¶¶
Key points
- The directive's rules, rights and obligations apply to third-country nationals legally residing in a Member State whose disability status or parking rights are recognised there, and to persons accompanying or assisting them, including personal assistants and assistance animals.¶
- Stateless persons are treated as third-country nationals, and asylum seekers legally residing in a Member State with recognised disability status are covered.¶¶
- Member States should take all necessary measures to ensure the rules on eligibility, issuance, renewal, withdrawal and appeal, mutual recognition and data protection of both cards apply equally to third-country nationals.¶
- Issuance and renewal of the European Disability Card are free of charge; reissuance after loss or damage may be charged a fee not exceeding administrative costs. Parking card issuance and renewal may be free or charged a fee.¶
- The European Disability Card may be required as proof of disability status for special conditions or preferential treatment under the directive, but not for rights under other Union or national law unless a Member State merges its national document with the card.¶
- Personal assistants, regardless of nationality, may accompany or assist persons with disabilities using the cards when travelling to another Member State, if they have a right to move under Union and national law.¶
- Member States must ensure adequate and effective means of compliance, including checks and administrative or judicial procedures, and allow equality bodies, associations and other entities to act on behalf of or in support of persons with disabilities.¶
- Member States, with Commission support, must prevent and combat forgery and fraud of the cards, exchange information on such cases, respect the rights of persons with disabilities and consult them on measures.¶
- Member States must make information on conditions, rules, practices and procedures for obtaining and using the cards publicly available in clear, accessible formats, including sign language, braille and easy-to-read, and in a language third-country nationals can understand.¶¶
- The directive must have a gender equality perspective and address intersectional discrimination, with particular focus on women and girls with disabilities.¶¶
- The Commission must inform Parliament of national measures, and report every four years on the application of the directive, including on fees, objectives and intersectional discrimination.¶
- Member States must adopt laws, regulations and administrative provisions to comply with the directive by the date of transposition of the directive adopted in procedure 2023/0311(COD), and communicate the measures to the Commission.¶¶
Who is affected
- Third-country nationals legally residing in a Member State with recognised disability status or parking rights, who gain access to the cards.¶
- Personal assistants and persons accompanying or assisting persons with disabilities, regardless of nationality, who may use the cards when travelling.¶
- Member States, which must ensure compliance, issue cards, provide information and prevent fraud.¶¶¶
- The Commission, which must report on the directive's application and inform Parliament of national measures.¶
Figures and deadlines
- Three years from the date of application of the directive: deadline for the Commission's first report and every four years thereafter.¶
- One year from the date of application: deadline for the Commission's assessment on remaining obstacles.
- Level B1 (intermediate) of the Council of Europe's Common European Framework of Reference for Languages: maximum complexity level for information.¶
Legal basis: Article 294(2) and Article 79(2), point (b), of the Treaty on the Functioning of the European Union.¶