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DRAFT OPINION COM(2023)0512 - C9 - 0328/2023

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

FEMM-PA-754897

Committee on Women's Rights and Gender Equality · Rapporteur: Rosa Estaràs Ferragut

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The Committee on Women's Rights and Gender Equality proposes amendments to the Commission's proposal for a directive establishing the European Disability Card and the European Parking Card for persons with disabilities. The amendments add references to the UN Convention on the Rights of Persons with Disabilities, universal accessibility, non-discrimination and free movement, and highlight women and girls with disabilities, including victims of violence. They extend the scope to information and counselling services for women with disabilities, protection in humanitarian emergencies, justice services including free legal aid, and recognition of disability in EU mobility programmes. They add definitions of discrimination and personal assistant, cover residents, persons with factual disability, persons in international protection and people with autism spectrum disorder, and require mutual recognition and free issue of the card. They set obligations for service providers, require information campaigns and a central website, involve representative organisations, and create a monitoring authority.

Committee position. The committee calls on the Committee on Employment and Social Affairs to take into account its amendments, which strengthen the CRPD basis, universal accessibility, non-discrimination, the situation of women and girls with disabilities, the scope of the card, the definition of beneficiaries, obligations of service providers, mutual recognition, free issue, information and monitoring.

Key points

  1. Amends Recital 6 to refer to universal accessibility and personal mobility with the greatest possible independence.
  2. Adds recitals on the CRPD equality and non-discrimination mandate, liberty of movement, women and girls with disabilities, the Istanbul Convention, and lack of knowledge about psychosocial accessibility.
  3. Amends Recital 15 to refer to visible and invisible barriers and to lack of knowledge about physical, psychosocial, cognitive and sensory accessibility.
  4. Amends Recital 19 so that access to services is instantaneous without a new application when moving to another country.
  5. Amends Recital 24 to require consideration of accessibility in public transport for persons who need their own wheelchair.
  6. Adds recitals on gender-based violence against women and girls with disabilities and on accessibility in public transport.
  7. Amends Article 1 to add the conditions to promote equality and free movement with individual supports.
  8. Adds to Article 2 information and counselling services for women with disabilities, protection services in humanitarian emergencies, justice services including free legal aid, and recognition of disability in EU mobility programmes with duration of at least one school year.
  9. Adds to Article 2 that the exclusions do not apply to people who move to work or study in another EU country, who get temporary access to benefits and assistive devices.
  10. Amends Articles 2 and 3 to include guide dogs and assistance dogs, add a definition of discrimination on the basis of disability, and define the personal assistant.
  11. Amends Article 4 to cover residents, any person with a factual disability, persons in international protection, and citizens with a medical certificate of autism spectrum disorder.
  12. Amends Articles 5, 6, 7, 9, 13 and 18 to protect card holders against discrimination, oblige service providers, ensure mutual recognition, free issue, universal accessibility, information campaigns, a central website, involvement of representative organisations, a monitoring authority, and application 20 months after entry into force.

Who is affected

  • Persons with disabilities in the EU, who gain recognition, protection and free movement rights.
  • Women and girls with disabilities, mothers and carers, who get attention as groups at greater risk of exclusion and violence.
  • Service providers, who must recognise card holders, meet accessibility requirements and take corrective measures.
  • Member States, which must recognise cards, issue them free of charge and set up a monitoring authority.
  • Representative organisations of persons with disabilities, which are involved in development, planning, implementation, monitoring and evaluation.

Figures and deadlines

  • Renewal period may be extended by 6 to 8 months in the event of a change of country of residence.
  • Application submitted within ninety calendar days after the last card expired keeps the card valid until the renewal procedure is resolved.
  • Provisions apply from 20 months from the date of entry into force of the directive.