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DRAFT REPORT (COM(2023)0512 – C90328/2023 – 2023/0311(COD))

On the proposal for a directive of the European Parliament and of the Council establishing the European Disability Card and the European Parking Card for persons with disabilities

EMPL-PR-754831

Committee on Employment and Social Affairs · Rapporteur: Ďuriš Nicholsonová Lucia

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This is the rapporteur's draft report on the proposed directive establishing the European Disability Card and the European Parking Card for persons with disabilities. It amends the Commission proposal to add rules on free issuance, appeal rights, a Union parking database, awareness raising and enforcement. The draft keeps the cards as proof of disability status and parking rights for short stays in another member state, and adds temporary cover of social security benefits, social protection and social assistance for card holders moving for work, study or an EU mobility programme. It requires member states to issue and renew both cards free of charge within a period not exceeding 60 days, and to allow appeals against decisions on issuance, renewal or withdrawal. It obliges member states to publish information on conditions and procedures in accessible formats, to run awareness measures, and the Commission to run a European awareness campaign and a single dedicated Union website. It strengthens enforcement by requiring remedies, a right to redress including adequate compensation, and penalties accompanied by fines or compensation, and by involving representative organisations of persons with disabilities.

Committee position. The rapporteur proposes to amend the Commission proposal to add free issuance of both cards, a 60-day deadline, appeal rights, a Union parking database, temporary cover of social security benefits for mobile card holders, stronger information and awareness measures, and stronger enforcement with a right to redress.

Key points

  1. The draft amends the Commission proposal for a directive on the European Disability Card and the European Parking Card for persons with disabilities.
  2. It adds that the Union and all member states should further ratify the Optional Protocol of the UNCRPD, and that women and girls with disabilities face multiple discrimination.
  3. It states that the cards should be issued and renewed free of charge, and that holders may choose to use either the digital or physical cards, or both.
  4. It requires the Commission to establish a publicly available Union database on parking conditions and facilities in each member state, available in all EU languages and accessible formats.
  5. It extends the cards to frontier and cross-border workers with disabilities, and exceptionally covers social security benefits, social protection and social assistance for card holders moving for work, study or an EU mobility programme until their disability status is reassessed.
  6. It provides that a European Disability Card shall never be required as proof of disability to access or exercise rights under other Union or national law.
  7. It requires member states to issue and renew the European Disability Card free of charge and within a period not exceeding 60 days or the national period, whichever is shorter.
  8. It requires member states to allow persons with disabilities or their designated representatives to appeal decisions on issuance, renewal or withdrawal of either card.
  9. It requires member states to issue and renew the European Parking Card free of charge and within a period not exceeding 60 days.
  10. It requires member states to publish conditions and procedures for the cards in accessible formats including digital formats, national sign languages and easy-to-read format, and to raise awareness; the Commission shall run a European awareness campaign and a single dedicated Union website.
  11. It requires member states to ensure enforcement of the directive, a right to redress including adequate compensation, and penalties accompanied by fines or adequate compensation, and to involve representative organisations of persons with disabilities.
  12. It requires member states to establish a single dedicated website collating special conditions or preferential treatment offered by their public authorities, and to encourage private operators to provide such treatment.

Who is affected

  • Persons with disabilities travelling to or visiting another member state: gain access to special conditions, preferential treatment and parking rights on equal terms with nationals.
  • Workers with disabilities, including frontier and cross-border workers: the cards apply to them when travelling to or visiting another member state for work-related purposes.
  • Member states: must issue and renew cards free of charge within deadlines, publish information, and set up appeal procedures and websites.
  • Private operators and public authorities: must make information on special conditions or preferential treatment publicly available in accessible formats.
  • The Commission: must establish a Union parking database, run an awareness campaign and a single dedicated Union website, and consult persons with disabilities before adopting delegated acts.

Figures and deadlines

  • 60 days: maximum period for issuing or renewing the European Disability Card, or the national period if shorter.
  • 60 days: maximum period for issuing or renewing the European Parking Card.
  • two years after the date of application of this Directive: first Commission report on application, then every four years.
  • 12 months after the entry into force of this Directive: deadline for member states to adopt and publish implementing laws.
  • 24 months from the date of entry into force of this Directive: date from which member states shall apply the provisions.

Legal basis: Article 294(2) and Articles 53(1) and 62, Article 91 and Article 21(2) of the Treaty on the Functioning of the European Union.