Sittings · Document

DRAFT REPORT (COM(2023)0698 – C90398/2023 – 2023/0393(COD)) 2024-01-29

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

Committee on Employment and Social Affairs Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Antonius Manders, Alice Kuhnke

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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 (COM(2023)0698 – C90398/2023 – 2023/0393(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0698),

– having regard to Article 294(2) and Article 79(2), point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90398/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of xx.xx. 2023,

– having regard to the opinion of the Committee of the Regions of xx.xx. 2023,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the report of the Committee on Employment and Social Affairs and the Committee on Civil Liberties, Justice and Home Affairs (A90000/2024),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1) In order to facilitate the exercise of rights by persons with disabilities when travelling to or visiting another Member State for a short period, Directive …./… [proposal for a Directive]3 established the framework, rules and common conditions, including a common standardised model, for a European Disability Card as proof of recognised disability status for accessing special conditions or preferential treatment offered by private operators or public authorities in a wide variety of services, activities and facilities, including when not provided for remuneration, and for a European Parking Card for persons with disabilities, as proof of their recognised right to parking conditions and facilities reserved for persons with disabilities4 .

(1) In order to facilitate the exercise of rights by persons with disabilities when travelling to or visiting another Member State for a short period, Directive …/… [proposal for a Directive]3 established the framework, rules and common conditions, including a common standardised model, for a European Disability Card as proof of recognised disability status for accessing and benefitting from special conditions or preferential treatment offered by private operators or public authorities in a wide variety of services, activities and facilities, including when not provided for remuneration, and for a European Parking Card for persons with disabilities, as proof of their recognised right to parking conditions and facilities reserved for persons with disabilities4 .

__________________

3 COM(2023) 512 final

4 COM(2023) 512 final

Or. en

Amendment 2

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2) To help Member States respect and fulfil their national equal treatment and 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 effective 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.

(2) To ensure that Member States respect the 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 effective 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.

Or. en

Amendment 3

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3) Therefore, Member States shall take 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 issuing of the European Disability Card and the European Parking Card for persons with disabilities should be 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.

Or. en

Amendment 4

Proposal for a directive

Recital 3 a (new)

Text proposed by the Commission

Amendment

(3a) Third-country nationals with disabilities, in particular women and girls, are at a heightened risk of being subject to intersectional discrimination. The UNCRPD 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 to the UNPCRD should take adequate measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms. The European Disability Card and European Parking Card for persons with disabilities must therefore 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 guide the establishment and implementation of the European Disability Card and the European Parking Card for persons with disabilities in that context.

Or. en

Amendment 5

Proposal for a directive

Recital 3 b (new)

Text proposed by the Commission

Amendment

(3b) The European Disability Card for persons with disabilities should not be required as proof of the 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.

Or. en

Amendment 6

Proposal for a directive

Recital 3 c (new)

Text proposed by the Commission

Amendment

(3c) On the basis of experience gained as a result of the introduction and implementation of the European Disability Card and the European Parking Card for persons with disabilities with regard to the implementation of this Directive, the Commission should assesses the necessity, feasibility and possibility of introducing a European card for older persons.

Or. en

Amendment 7

Proposal for a directive

Recital 3 d (new)

Text proposed by the Commission

Amendment

(3d) 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.

Or. en

Amendment 8

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) Since the objective of this Directive, namely to facilitate the possibilities to move, or travel to other Member States, for persons with disabilities (or those accompanying or assisting them), 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,

(8) Since the objective of this Directive, namely to strengthen the exercise of the free movement rights of persons with disabilities, including older persons, as well as 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,

Or. en

Amendment 9

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

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 personal assistant(s) within the meaning Article 3 point (d) of that Directive.

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, including older persons, have been recognised by the Member State of their residence, as well as to persons accompanying or assisting them, including their personal assistants regardless of their nationality, as defined in Article 3, point (d), of that Directive, as well as assistance animals such as guide dogs or assistance dogs.

Or. en

Amendment 10

Proposal for a directive

Article 3 a (new)

Text proposed by the Commission

Amendment

Article 3a

1. The Commission shall duly inform the European Parliament of the measures of national law which Member States adopt in the field covered by this Directive.

2. By dd/mm/yy [three years from the date of application of this Directive], the Commission shall submit to the European Parliament, to the Council, to the Economic and Social Committee and to the Committee of the Regions a report containing a dedicated intersectionality and gender equality analysis of the impact of [Directive (EU) XXXXX] on the free movement of persons with disabilities who are third-country nationals with intersecting identities, in particular women and girls.

3. By dd/mm/yy [three years from the date of application of this Directive], the Commission shall submit to the European Parliament and to the Council an assessment of the necessity, feasibility and possibility of introducing a European card for older persons.

Or. en

Amendment 11

Proposal for a directive

Article 4 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall adopt and publish, by dd/mm/yy [[Publications Office, please insert the date of transposition of the Directive adopted in procedure 2023/0311 (COD)]] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... [date of transposition of the Directive adopted in procedure 2023/0311(COD)]. They shall immediately inform the Commission thereof.

Or. en

Amendment 12

Proposal for a directive

Article 4 – paragraph 1 – subparagraph 3

Text proposed by the Commission

Amendment

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.

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Or. en

Amendment 13

Proposal for a directive

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

2. Member States shall communicate to the Commission by dd/mm/yy [date of transposition of the Directive adopted in procedure 2023/0311 (COD)], the text of the measures of national law which they adopt in the field covered by this Directive.

Or. en