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Changes between two versions

What changed between the draft committee report and the plenary report

From · draft committee report· 30 Oct 2023

EMPL-PR-754831

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

To · plenary report· 12 Jan 2024

A-9-2024-0003

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

Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.

The changes · 40

Change 1

Changed:Recital 1: (1) The Union is founded on the values of human dignity, freedom, equality and respect of human rights and is committed to combating discrimination, including on the grounds of disability, as set out in the Treaty on European Union (TEU), the Treaty on the Functioning of the European Union (TFEU) and(TFEU), the Charter of Fundamental Rights of the European Union (the ‘Charter’).‘Charter’) as well as the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)1a. / 1a. Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35).

Change 2

Changed:Recital 5: (5) The Union3: is(3) aEvery Partycitizen toof the United Nations ConventionUnion onhas the Rights of Personsfundamental withright Disabilitiesto (UNCRPD)3,move and isreside boundfreely bywithin itsthe provisionsterritory whichof arethe anMember integralStates, partsubject ofto the Unionlimitations legaland orderconditions tolaid thedown extentin ofthe itsTreaties competences.and Allby the Membermeasures Statesadopted areto Partiesgive toeffect theto UNCRPDthem. andArticle are18 boundof bythe itUNCRPD also torecognises the extentrights of theirpersons competences.with Thedisabilities Unionto liberty of movement and allto Memberfreedom Statesto shouldchoose furthertheir ratifyresidence theon Optionalan Protocolequal ofbasis thewith UNCRPD.others.

Change 3

Removed:Recital 6: (6) The UNCRPD recognises that the interaction of persons with disabilities’ impairments with various physical, administrative, technological and societal barriers that can result in discriminatory treatment. The purpose of the UNCRPD is therefore 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, individual autonomy including the freedom to make one’s own choices, and independence of persons, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. The UNCRPD also recognises the importance of respect for difference and acceptance of persons with disabilities as part of human diversity and humanity and the need to take appropriate measures to ensure equality of opportunity and accessibility to persons with disabilities.

Added:Recital 4: (4) According to the Court of Justice of the European Union, citizenship of the Union is destined to be the fundamental status of nationals of the Member States when exercising the right to move and reside within the territory of the Member States, enabling those who find themselves in the same situation to enjoy, within the scope ratione materiae of the TFEU, the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for. The right to free movement should also apply to third country-nationals who have legal residence in a Member State and a recognised disability in that Member State, in the interest of equal treatment. This Directive is therefore complemented by a separate legal act which is to bridge the legal gap between Union citizens and third-country nationals who are legally residing in the Union in this regard and which is to provide for more legal certainty.

Removed:Recital 6 a (new): (6a) The UNCRPD further recognises that women and girls with disabilities are subject to multiple discrimination, and that State Parties should take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms.

Added:Recital 5: (5) The Union is a Party to the UNCRPD , and is bound by its provisions which are an integral part of the Union legal order to the extent of its competences. All the Member States are Parties to the UNCRPD and are bound by it also to the extent of their competences. While the Union and all its Member States have signed and ratified the UNCRPD there are significant differences in its implementation. There is a need to make progress on equality for persons with disabilities both for the Union itself as well as in all Member States, for example through investments in infrastructure, capacity building, training and awareness raising campaigns. The Union and all Member States should also ratify the Optional Protocol of the UNCRPD. / (deleted)

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Removed:Recital 7: (7) The European Pillar of Social Rights, proclaimed by the European Parliament, the Council and the European Commission at Gothenburg on 17 November 20174 provides that everyone, inter alia regardless of disability, has the right to equal treatment and opportunities regarding employment, social protection, education, and access to goods and services available to the public and that equal opportunities of under-represented groups are to be fostered (principle 3). In addition, the European Pillar of Social Rights recognises that persons with disabilities have the right to income support that ensures living in dignity, services that enable them to participate in society and a work environment adapted to their needs (principle 17).

Added:Recital 6: (6) The UNCRPD recognises that persons with disabilities include persons who have long-term physical, mental, intellectual or sensory impairments which in interaction with various environmental, administrative, technological and societal barriers can result in discriminatory treatment. The purpose of the UNCRPD is therefore 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, individual autonomy including the freedom to make one’s own choices, and independence of persons, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. The UNCRPD also recognises the importance of respect for difference and acceptance of persons with disabilities as part of human diversity and humanity and the need to take appropriate measures to ensure equality of opportunity and accessibility to persons with disabilities.

Removed:Recital 10: (10) Due to the lack of mutual recognition of disability status between Member States, persons with disabilities often face specific and significant difficulties and barriers when exercising their fundamental rights of equal treatment, non-discrimination and free movement.

Added:Recital 6 a (new): (6a) The UNCRPD also 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 StateParties should take adequate measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms. Therefore, the European Disability Card and European Parking Card for persons with disabilities must 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 also guide the establishment and implementation of the European Disability Card and the European Parking Card for persons with disabilities in this context.

Removed:Recital 11: deleted

Added:Recital 7: (7) The European Pillar of Social Rights, proclaimed by the European Parliament, the Council and the European Commission at Gothenburg on 17 November 201740 provides that everyone, inter alia regardless of disability, has the right to equal treatment and opportunities regarding employment, social protection, education, and access to goods and services available to the public and that equal opportunities of under-represented groups are to be fostered (principle 3). In addition, the European Pillar of Social Rights recognises that persons with disabilities have the right to income support that ensures living in dignity, services that enable them to participate in society and a work environment adapted to their needs (principle 17).

Removed:Recital 12: (12) However, persons with recognised disability status travelling to or visiting for a short period of time, understood as at least the period outlined in Article 6 of Directive 2004/38/EC or longer where in line with national law and practice, a Member States other than the Member State in which they reside, regularly encounter significant difficulties and barriers, if their disability status is not recognised in the Member State they travel to or visit and if they do not hold a certificate, disability card or any other formal document recognising their disability status in the host Member State, in order to benefit from special conditions and/or preferential treatment offered there.

Added:Recital 8 a (new): (8a) The Strategy for the Rights of Persons with Disabilities 2021-2030 is intended to tackle the diverse challenges that persons with disabilities face and progress in all areas of the UNCRPD, both at Union and national level.

Added:Recital 10: (10) Due to the lack of mutual recognition of disability status between Member States, persons with disabilities often face specific and significant difficulties and barriers when exercising their fundamental rights of equal treatment, non-discrimination and free movement. The social model of disability recognises that discrimination and social exclusion experienced by persons with disabilities result from the environmental, systemic and attitudinal barriers in society, rather than by their impairment, as defined in the UNCRPD and in this Directive. Member States are encouraged to ensure that their national procedures for assessing disability status are in accordance with the provisions of the UNCRPD.

Added:Recital 11: (11) Where persons with disabilities move for longer periods to other Member States for work, study or in the context of participation in an EU mobility programme such as ERASMUS+ and the European Solidarity Corps, the European Disability Card should serve as temporary recognition of their disability status until a formal decision has been taken regarding assessment and formal recognition of the status by the competent authorities in the other Member State, by means of a disability certificate, a disability card or any other formal document recognising their disability status in accordance with applicable rules of that Member State.

Added:Recital 12: (12) However, persons with recognised disability status travelling to or visiting for a short period of time a Member State other than the Member State in which they reside, regularly encounter significant difficulties and barriers, if their disability status is not recognised in the Member State they travel to or visit and if they do not hold a certificate, disability card or any other formal document recognising their disability status in the host Member State, in order to benefit from special conditions and/or preferential treatment offered there. Persons with non-visible disabilities in particular often face specific difficulties when asked to prove their disability while travelling.

Change 4

Changed:Recital 13 a (new): (13 a) Citizens of the(13a) Union citizens have expressed concerns in a number of petitions delivered to the European Parliament and transmitted to the Commission relating to the introduction of an EUa wideUnion-wide recognised EUEuropean Disability Card, European Parking Card andfor thepersons mutualwith recognitiondisabilities ofand the degreemutual recognition of disability byacross Member States1a. / 1a Petition 0756-2019 by P.T. (German), on an EU-wide disability card, Petition 1124-2019 by R.Z. (German), on behalf of the self-help group ‘Amputee - what next?’, signed by one other person, on the disability card in Germany, Petition 1342/2021 by Rufino Casares Durán (Spanish), bearing one other signature, on equal recognition of the degree of disability in the European Union, Petition 0822/2022 by Maria Pindado Galan (Spanish), on behalf of Confederación Autismo España, asking for the European Disability Statute to contemplate the rights of people with autism

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Change 5

Changed:Recital 14: (14) Furthermore, not knowing whether and, if so, to what extent, their disability status and formal documents recognising this status may be recognised when travelling to or visiting another Member State, creates huge uncertainty for them. Moreover, limited availability of online information regarding their specific rights and available advantages exacerbates this problem. Ultimately, persons with disabilities may be deterred from exercising their rights of free movement.movement and full and effective participation and inclusion in society.

Change 6

Removed:Recital 15: (15) Alongside various physical and other barriers in accessing both public and private spaces and services, high expenses are a key factor discouraging many persons with disabilities from travel12, because they have specific needs resulting in additional expenses related to their disability 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 disabilities13. 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 personal autonomy.

Added:Recital 14 a (new): (14a) In view of both demographic changes and the need to facilitate the mobility of persons with disabilities, Member States should increase measures aiming to improve the accessibility of public spaces and infrastructure, in particular public transport, and to adjust them to the requirements of persons with disabilities.

Change 7

Changed:Recital 16:15: (16)(15) PreferentialAlongside treatmentvarious (suchvisible asand personalinvisible, assistance,physical, prioritysocial access,and etc.)other offeredbarriers within oraccessing withoutboth remunerationpublic and private spaces and services, high expenses are oftena importantkey forfactor discouraging many persons with disabilities tofrom betravel able48 to, accessbecause variousthey services,have activitiesspecific orneeds facilitiesresulting andin additional expenses related to bettertheir experiencedisability them.and However,may duealso torequire theperson(s) lackaccompanying ofor mutualassisting recognition,them inincluding thethose Memberrecognised Stateas theypersonal visitassistant(s) in accordance with national legislation or practices, making their travel to,costs ofhigher theirthan disabilityfor statuspersons andwithout ofdisabilities formal49 documents. recognisingThe thislack statusof issuedrecognition of disability status in other Member States,States personsmight withlimit disabilitiestheir mayaccess notto bespecial ableconditions, tosuch benefitas fromfree theaccess specialor conditionsreduced tariffs, priority seating on public transport, reserved parking spaces or preferential treatment offeredand byhas privatean operatorsimpact oron publictheir authoritiestravel incosts, thatlives, Membersocial Stateand toeconomic holdersintegration ofand apersonal disabilityautonomy. certificate,Furthermore, disabilitythe cardwidespread orlack anyof otherknowledge formalof documentpsychosocial, recognisingcognitive, theirphysical disabilityor statussensorial issuedaccessibility there.policies can result in discriminatory behaviour.

Change 8

Changed:Recital 17: (17)16: While(16) voluntaryPreferential andtreatment limited(such inas scope,personal theassistance, Pilotpriority Projectaccess, onetc.) theoffered EUwith Disabilityor cardwithout launchedremuneration inis 2016often andimportant carriedfor outpersons inwith eightdisabilities Memberto States,be demonstratedable thatto facilitatingaccess mutualvarious recognitionservices, ofactivities disabilityor statusfacilities betweenand Memberto Statesfully providedbenefit advantagesfrom forthem. personsHowever, withdue disabilitiesto inthe accessinglack benefitsof andmutual servicesrecognition, in the areas ofMember culture,State leisure,they sport,visit and,or intravel someto, cases,of transport,their anddisability supportingstatus theirand cross-borderof movementformal indocuments therecognising EUthis forstatus aissued shortin period14.other InMember addition,States, itpersons includedwith otherdisabilities examplesmay ofnot services,be activitiesable andto facilitiesbenefit whichfrom offerthe special conditions or preferential treatment offered by private operators or public authorities in that Member State to personsholders withof disabilities.a disability certificate, disability card or any other formal document recognising their disability status issued there.

Change 9

Added:Recital 17: (17) While voluntary in nature and limited in scope, the Pilot Project on the EU Disability card launched in 2016 and carried out in eight Member States, demonstrated that facilitating mutual recognition of disability status between Member States provided advantages for persons with disabilities in accessing benefits and services in the areas of culture, leisure, sport, and, in some cases, transport, and supporting their cross-border movement in the EU for a short period 50 and shows that the card’s objectives continue to be relevant to the current needs of persons with disabilities. In addition, it included other examples of services, activities and facilities which offer special conditions or preferential treatment to persons with disabilities.

Change 10

Changed:Recital 21: (21) Therefore, in view of facilitating the exercise by persons with disabilities of the rights to access special conditions or preferential treatment offered by private operators or public authorities when travelling to or visiting another Member State for a short period, without discrimination on grounds of nationality on the same basis as persons with disabilities in that Member State, and in view of facilitating the use of all means of transport and benefiting from parking conditions and facilities reserved for persons with disabilities on the same basis as in that Member State, it is necessary to establish the framework, rules and common conditions, including a common standardised model, for a European Disability Card as proof of recognised disability status 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 disabilities.

Change 11

Removed:Recital 24: (24) Examples of special conditions or preferential treatment include free access, reduced tariffs, reduced fees or user charges for toll roads/bridges/tunnels, priority access, designated seats in parks and other public areas, accessible seating in cultural or public events, personal assistance, assistance animals, assistance on the beach to enter the water, support (such as access to braille, audio guides, sign language interpretation), provisions of aids or assistance, loan of a wheelchair, loan of a floating wheelchair, obtaining tourist information in accessible formats, using a mobility scooter on roads or a wheelchair in bike lanes without a fine, etc. Parking conditions and facilities include extended parking or reserved parking spaces. With respect to passenger transport services, in addition to the special conditions or preferential treatment offered to persons with disabilities, in accordance with national legislation or practices, assistance animals, personal assistants or other persons accompanying or assisting persons with disabilities (or reduced mobility) may travel free of charge or be seated, where practicable next to the person with disabilities. Persons accompanying or assisting persons with disabilities are designated by the persons with disabilities themselves and can change on an ad hoc basis depending on their needs.

Added:Recital 22: (22) Mutual recognition of the European Disability Card and the European Parking Card for persons with disabilities should facilitate and guarantee persons with recognised disability status in a Member State, access to special conditions or preferential treatment offered by private operators or public authorities including hospitals, health care institutions and emergency services in a variety of services, activities and facilities, including when not provided for remuneration, as well as access to parking conditions and facilities reserved for persons with disabilities and, where applicable, persons accompanying or assisting them including personal assistants, on equal terms and conditions as those provided for on the basis of national certificates, disability cards or other formal documents recognising disability status and parking cards for persons with disabilities issued by the competent authorities in the host country.

Removed:Recital 25: (25) The issuance of the European Disability Card and the European Parking Card for persons with disabilities in a Member State is to be determined by this Directive together with that Member State’s applicable procedures and competences for the assessment and recognition of disability status and parking rights for persons with disabilities. The issuance and renewal of the European Disability Card and the European Parking Card for persons with disabilities should always be free of charge.

Added:Recital 23: (23) Beside parking conditions and facilities, the services, activities and facilities covered by this Directive concern a wide variety of ever-changing activities, including activities provided not for remuneration, by public authorities or private operators, either on a mandatory (on the basis of national/local rules or legal obligations) but often also on a voluntary basis (in particular by private operators) in a variety of policy domains, such as culture, leisure, tourism, sports, public and private transport, education and employment.

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Removed:Recital 26: (26) In addition to the physical format, Member States should provide for a digital card when format and specifications have been set via delegated and implementing acts, after proposal by the Commission. Such proposal should build on the experience of past and ongoing work at European level on digitalisation of certificates and documents, such as the EU Digital COVID Certificate set up under Regulation (EU) 2021/953 and enable the use of the European Disability Card and the European Parking Card via EU Digital Identity Wallets16. Persons with disabilities should be free to decide to use either the digital or physical cards, or both.

Added:Recital 24: (24) Examples of special conditions or preferential treatment include free access, reduced tariffs, reduced fees or user charges for toll roads/bridges/tunnels, priority access, access to restricted traffic and pedestrian zones, priority seating on public transport designated and accessible seats in public transport, parks and other public areas, accessible seating in cultural or public events, personal assistance, assistance animals such as guide dogs or assistance dogs for persons with disabilities, including persons with visual impairments, assistance on the beach to enter the water, support (such as access to braille, audio guides, sign language interpretation), provisions of aids or assistance, loan of a wheelchair, loan of a floating wheelchair, obtaining tourist information in accessible formats, using a mobility scooter on roads or a wheelchair in bike lanes without a fine, etc. Parking conditions and facilities include extended parking or reserved parking spaces. With respect to passenger transport services, in addition to the special conditions or preferential treatment offered to persons with disabilities, in accordance with national legislation or practices, assistance animals such as guide dogs or assistance dogs for persons with disabilities including persons with visual impairments, personal assistants or other persons accompanying or assisting persons with disabilities (or reduced mobility) may travel free of charge or be seated, where practicable next to the …

Removed:Recital 26 a (new): (26a) In order to strengthen the utility and impact of the European Parking Card for persons with disabilities, the Commission should establish a publicly available Union database, based on information provided by the Member States, in order to inform persons with disabilities of the different parking conditions and facilities offered for persons with disabilities in each Member State and its regions, cities, and municipalities.

Added:Recital 24 a (new): (24a) 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 independent living.

Change 12

Changed:Recital 29:24 (29)b In(new): order(24b) toMember guaranteeStates should ensure that workersthe withoperators disabilitiesof cancross-border effectivelypassenger exercisetransport theirservices rightsprovide toclear freeinformation movementto fullytravellers andholding alsoa enjoyEuropean services,Disability activitiesCard andat facilitiesthe offeredtime byof Membertheir States,purchase includingof whena providedtravel notticket forwith remuneration,regard to the Europeanspecial Disabilityconditions Cardor andpreferential treatment that apply for the Europeandifferent Parkingparts Cardof forthe personsoperations withthroughout disabilitiesthe alsojourney, appliesin order to workersavoid whotravellers travelholding tothe orEuropean visitDisability anotherCard Memberfinding Statethemselves forwithout work-a relatedvalid purposestravel includingdocument frontierwhen andentering cross-borderanother workersMember withState disabilities.on the same transport service.

Change 13

Removed:Recital 30: (30) The envisaged framework for mutual recognition of the European Disability Card and the European Parking Card for persons with disabilities does not impinge on the competences of a Member State to assess and recognise the disability status and to grant special conditions, such as free access, reduced tariffs or preferential treatment for persons with disabilities and/or person(s) accompanying or assisting them including personal assistant(s). It does not cover social security benefits, social protection or social assistance covered by Article 24(2) of Directive 2004/38/EC of the European Parliament and of the Council20. Exceptionally such social security benefits, social protection and social assistance shall be covered in certain time-limited instances, either when moving to another Member State for work or study or while participating in the Union mobility programmes such as ERASMUS+, to allow for the temporary continued recognition of the disability status while the persons with disabilities are undergoing the reassessment process to have their disability status recognised by another Member State.

Added:Recital 25: (25) The issuance, renewal and withdrawal of the European Disability Card and the European Parking Card for persons with disabilities in a Member State is to be determined by this Directive together with that Member State’s applicable rules, procedures and competences for the assessment and recognition of disability status and parking rights for persons with disabilities. The issuance and renewal of the European Disability Card and the European Parking Card for persons with disabilities should always be free of charge.

Removed:Recital 31: (31) In order to raise awareness and facilitate access to special conditions or preferential treatment for persons with disabilities, while travelling to or visiting another Member State, all relevant information with respect to the conditions, rules, practices, and procedures applicable to obtain the European Disability Card and/or the European Parking Card for persons with disabilities and its subsequent use should be made publicly available by Member States in a clear, comprehensive, user-friendly manner and accessible formats for persons with disabilities respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882. Private operators or public authorities granting special conditions or preferential treatment to persons with disabilities should make such information publicly available in a clear, comprehensive, user-friendly manner and accessible formats, for persons with disabilities respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882.

Added:Recital 25 a (new): (25a) Experience shows that when presenting a European Disability Card or similar national recognition of disability, due to a lack of awareness, misunderstandings or communication barriers, persons with disabilities, particularly those with invisible disabilities, do not always receive the most appropriate support and accommodation for their disability including when travelling by public transport or dealing with national authorities, as well as during emergencies. Member States should therefore provide the option to persons with disabilities, when applying for the European Disability Card to the relevant authorities, to choose to display relevant symbols on that card in order to indicate their assistance requirements. The Commission should develop guidelines for commonly recognised pictograms illustrating the different types of assistance required by persons with disabilities.

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Removed:Recital 33: (33) In order to ensure the proper application of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this directive by setting the digital format of the European Disability Card and the European Parking Card for persons with disabilities, and to amend Annexes I and II in order to modify the common features of the standardised and accessible format, adapt the format to technical developments, prevent forgery and fraud and ensure interoperability.

Added:Recital 26: (26) In addition to the physical format, Member States should provide for a digital card when format and specifications have been set via delegated and implementing acts, after proposal by the Commission. Such proposal should build on the experience of past and ongoing work at European level on digitalisation of certificates and documents, such as the EU Digital COVID Certificate set up under Regulation (EU) 2021/953 and enable the use of the European Disability Card and the European Parking Card via EU Digital Identity Wallets52 . Persons with disabilities should be duly informed about those possibilities and be free to decide to use either the digital or physical cards or both on an equal basis and without discrimination.

Removed:Recital 35: (35) Member States should ensure that adequate and effective means exist to ensure compliance with this Directive and should therefore establish appropriate remedies, including checks on compliance and administrative and judicial procedures, to guarantee that persons with disabilities, person(s) accompanying or assisting them including personal assistant(s), as well as public bodies such as equality bodies or private associations, organisations in particular representative organisations of persons with disabilities or other legal entities which have a legitimate interest may take action on behalf of a person with disabilities under national law. Persons with disabilities should further have a right to redress, including adequate compensation, in case of infringements of their rights arising from this Directive. Member States should ensure these provisions comply with the principle of reasonable accommodation for persons with disabilities in their design and implementation.

Added:Recital 29: (29) In order to guarantee that workers and participants of EU mobility programmes with disabilities can effectively exercise their rights to free movement fully and also enjoy services, transport infrastructure, activities and facilities offered by Member States to the holders of national certificates, disability cards or other formal documents recognising disability status, including when provided not for remuneration, the European Disability Card and the European Parking Card for persons with disabilities also apply to workers including mobile, frontier and cross-border workers with disabilities or participants of EU mobility programmes with disabilities who travel to or visit another Member State for educational or work-related purposes.

Removed:Recital 37: (37) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter and the UNCRPD. Notably, this Directive seeks to ensure full respect for the rights of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community and to promote the application of Article 26 of the Charter.

Added:Recital 30: (30) The envisaged framework for mutual recognition of the European Disability Card and the European Parking Card for persons with disabilities does not impinge on the competences of a Member State to assess and recognise the disability status and to grant special conditions, such as free access, reduced tariffs or preferential treatment for persons with disabilities and/or person(s) accompanying or assisting them including personal assistant(s). It does not cover social security benefits, social protection or social assistance covered by Article 24(2) of Directive 2004/38/EC of the European Parliament and of the Council56 . Benefits in the area of social security, social protection or employment and social assistance should be covered in certain instances, either when moving to another Member State for work or study, until disability status has been reassessed and formally recognised, or while participating in EU mobility programmes to allow for the temporary continued recognition of the disability status while persons with disabilities are undergoing the reassessment process to have their disability status recognised by another Member State. The Member State that issued the European Disability Card should be responsible for providing the benefits or assistance in those instances.

Added:Recital 30 a (new): (30a) A European Disability Card can be required as proof of disability status in order to exercise the right to equal access to any special conditions or preferential treatment with respect to services, activities or facilities, including when provided not for remuneration, offered to or reserved for persons with disabilities or persons accompanying or assisting them, including their personal assistants provided for by this Directive. However, a European Disability Card should not be required as proof of 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.

Added:Recital 31: (31) In order to raise awareness and facilitate access to special conditions or preferential treatment for persons with disabilities, while travelling to or visiting another Member State, all relevant information with respect to the conditions, rules, practices, and procedures applicable to obtain the European Disability Card and/or the European Parking Card for persons with disabilities and its subsequent use should be made publicly available by Member States in a clear, comprehensive, user-friendly manner and accessible formats for persons with disabilities respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882. Private operators or public authorities granting special conditions or preferential treatment to persons with disabilities should make such information publicly available in a clear, comprehensive, user-friendly manner and accessible formats for persons with disabilities, including in digital formats, national and international sign languages and easy to read format, and upon request in assistive formats requested by persons with disabilities respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882. Furthermore, to ensure that the relevant information is easy to access and use for persons with disabilities and the public, Member States should designate a National Contact Point as a ‘one-stop shop’ providing information and guidance on the conditions an…

Added:Recital 31 a (new): (31a) The Commission should establish a single dedicated Union website, available in all official languages of the Union institutions and accessible formats, collating national information on obtaining, issuing, using, renewing and withdrawal of a European Disability Card and a European Parking Card for persons with disabilities. In order to strengthen the utility and impact of the European Parking Card for persons with disabilities, that Union website should contain information, based on information provided by the Member States, in order to inform persons with disabilities of the different parking conditions and facilities offered for persons with disabilities in each Member State and its regions, cities, and municipalities. The Union website should further contain an accessible digital portal through which Member States’ national websites comprising information on special conditions or preferential treatment offered by their public authorities can be accessed. Member States should update that information regularly, including when changes occur in accordance with national legislation. Member States should also be able to facilitate information concerning the special conditions or preferential treatment offered by private operators on their websites, where available.

Added:Recital 31 b (new): (31b) In order to increase the number of service providers who offer special conditions or preferential treatment for persons with disabilities, Member States should support and encourage private operators and public authorities through relevant measures including through providing information and exchanges of best practice on the different types of special conditions or preferential treatment which could be offered as well as the provision of training on disability mainstreaming and disability awareness to ensure the special conditions or preferential treatment is offered in an inclusive and accessible way. For example such training could address the recognition of relevant symbols where displayed on the European Disability Card indicating the nature of the reasonable accommodation required by persons with disabilities, the accessibility issues faced and relevant assistance required by persons with disabilities including invisible disabilities, requirements of persons with different disabilities concerning communication, respectful and safe management of equipment, use of assistive augmentative communication (AAC) and how to provide and publicise any offer of special conditions or preferential treatments in an accessibly visible way. Member States should ensure all such measures are carried out in partnership with persons with disabilities and their representative organisations to ensure that they are inclusive and effective.

Added:Recital 32: (32) Member States should take all the necessary steps to avoid any risk of forgery or fraud, whether individual or systemic, when issuing the European Disability Card or the European Parking Card for persons with disabilities and should actively combat fraudulent issuance, use and forgery of these cards and exchange information on such cases to ensure mutual trust between Member States as the mutual recognition of disability status is the cornerstone of the European Disability Card. Member States should ensure that any measures taken to combat forgery or fraud take into account the rights of persons with disabilities and should not result in any interference with their legitimate interests in using either card or lead in any way to their stigmatisation. Member States should assess the impact of any measures on persons with disabilities and consult them and their representative organisations in the design and implementation of the measures.

Added:Recital 33: (33) In order to ensure the proper application of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Directive by setting the digital format of the European Disability Card and the European Parking Card for persons with disabilities, and to amend Annexes I and II in order to modify the common features of the standardised format and universal accessibility requirements adapt the format to technical developments, prevent forgery and fraud and ensure interoperability.

Added:Recital 35: (35) Member States should ensure that adequate and effective means exist to ensure compliance with this Directive and should therefore establish appropriate remedies, including checks on compliance and administrative and judicial procedures, to guarantee that persons with disabilities, person(s) accompanying or assisting them including personal assistant(s), as well as public bodies such as equality bodies or private associations, organisations in particular representative organisations of persons with disabilities or other legal entities which have a legitimate interest may take action on behalf of a person with disabilities under national law. Persons with disabilities should also have a right of redress, including adequate compensation, in the case of infringements of their rights arising from this Directive. Member States should ensure that those provisions comply with the principle of reasonable accommodation for persons with disabilities in their design and implementation in line with the UNCRPD.

Added:Recital 37: (37) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter and the UNCRPD. Notably, this Directive seeks to ensure full respect for the rights of persons with disabilities to benefit from measures designed to ensure their independence, social, economic and occupational integration and participation in the life of the community and to promote the application of Article 26 of the Charter.

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Changed:Article 1 – paragraph 1 – point a: (a) the rules governing the issuance of the European Disability Card for persons with disabilities as proof of their disability status, in view of promoting equal rights and freedom of movement for persons with disabilities and facilitating short stays of persons with disabilities in a Member State other than that of which they are a resident, by granting them access to any special conditions or preferential treatment with respect to services, activities or facilities, including when provided not for remuneration, offered to or reserved for persons with disabilities orresiding person(s)in that Member State and, where applicable, persons accompanying or assisting them including their personal assistant(s);assistants;

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Changed:Article 1 – paragraph 1 – point aaa a (new): (aa) the rules governing the issuance of the European Parking Card for persons with disabilities as proof of a right to parking conditions and facilities reserved for persons with disabilities, in view of promoting equal rights and freedom of movement for persons with disabilities and facilitating short stays of persons with disabilities in a Member State other than that ofin which they are a resident, by granting them access to any parking conditions and facilities offered to or reserved for persons with disabilities orand person(s)where applicable persons accompanying or assisting them including their personal assistant(s);assistants;

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Changed:Article 2 – paragraph 2 a (new): 2a. Paragraph 2 shallBy exceptionallyway notof applyderogation infrom theparagraph following2, time-limitedthis situationsDirective inshall orderapply to ensure equalthe treatmentbenefits and equalsocial opportunitiesassistance betweenreferred nationalto andin otherparagraph Union2, citizenspoints with(b) disabilities:and /(c), a)where: where/ (a) European Disability Card holders move to another Member State to engage in an employment contractwork or enrol in an educational institution until such time as their disability status is re-assessed and formally recognised by the competent authorities in the other Member StateState; orand / b) where(b) a European Disability Card holder participates in an EU mobility programme, for the duration of that programme. / Member States shall take the necessary measures to ensure that holders of a European Disability Card, while in the situations referred to in this paragraph, are granted access to the benefits and social assistance referred to inparagraph 2, points (b) and (c), by the Member State that issued the European Disability card.

Change 17

Changed:Article 2 – paragraph 5:4: 5.4. This Directive shall be without prejudicedoes tonot theimpinge rightson thatnational personscompetences withto disabilitiesgrant or person(s) accompanying orrequire assistingto them,grant includingspecial theirbenefits personalor assistant(s),specific, maypreferential deriveconditions, fromsuch otheras provisionsfree ofaccess, Unionreduced lawtariffs, or nationalpreferential lawtreatment implementingfor Unionpersons law,with includingdisabilities thoseand, grantingwhere specificprovided, benefits,for specialperson(s) conditions,accompanying or preferential treatment. In this regard, aassisting Europeanthem Disabilityincluding Cardtheir shallpersonal neverassistant(s), beas requiredwell as proof ofassistance disabilityanimals insuch orderas toguide accessdogs or exercise any suchassistance rights.dogs.

Change 18

Removed:Article 3 – paragraph 1 – point d: (d) “personal assistant” is a person, whichever the(ir) nationality, accompanying or assisting persons with disabilities, who is recognised in accordance with the national legislation or practices as such;

Added: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), or assistance animals such as 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. A European Disability Card shall not be required as proof of disability in order to access or exercise any of the rights referred to in this paragraph.

Removed:Article 3 – paragraph 1 – point e: (e) “special conditions or preferential treatment” means any specific conditions, including those related to financial conditions, or any 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 animals recognised in accordance with the national legislation or practices as such, irrespective of whether provided on a voluntary basis or imposed by legal obligations;

Added:Article 3 – paragraph 1 – point d: (d) “personal assistant” is a person, whichever their nationality, accompanying or assisting persons with disabilities, who is recognised in accordance with the national legislation or practices as such;

Change 19

Changed:Article 3 – paragraph 1 – point f:e: (f)(e) “parking“special conditions andor facilities”preferential treatment” means any parking spacespecific reservedconditions, forincluding personsthose withrelated disabilities,to eitherfinancial exclusivelyconditions, or inany general,differentiated astreatment wellrelated to assistance and support such as anyfree associatedaccess, parkingreduced benefitstariffs, for,priority oraccess, preferentialaccess conditionsto affordedrestricted to,traffic zones and pedestrian zones, priority seats in public transports, offered to persons with disabilities,disabilities and/or, when applicable, to person(s) accompanying or assisting them including personal assistant(s), sign language interpreters, or assistance animals. such as freeguide parking,dogs reducedor tariffs,assistance reduceddogs. feesrecognised orin useraccordance chargeswith forthe tollnational roads/bridges/tunnelslegislation or extendedpractices parkingas spacessuch, irrespective of whether provided on a voluntary basis or imposed by legal obligations.obligations;

Change 20

Removed:Article 5 – paragraph 1: 1. Member States shall take the necessary measures to ensure that holders of a European Disability Card, while travelling to or visiting a Member State other than that of which they are a resident, shall be granted access on equal terms and conditions as those provided to persons with disabilities who are holders of a disability certificate, disability card or any other formal document recognising their disability status in that Member State, to any special conditions or preferential treatment offered with respect to the services, activities and facilities referred to in Article 2(1) or situations referred to in Article 2(2a).

Added:Article 3 – paragraph 1 – point f: (f) “parking conditions and facilities” means any parking space reserved for persons with disabilities or where applicable person accompanying or assisting them including personal assistants, either exclusively or in general, as well as any associated parking benefits for, or preferential conditions afforded to, persons with disabilities, such as free parking, reduced tariffs, reduced fees or user charges for toll roads/bridges/tunnels or extended parking spaces irrespective of whether provided on a voluntary basis or imposed by legal obligations.

Removed:Article 6 – paragraph 1: 1. Each Member State shall introduce the European Disability Card following the common standardised and accessible format set out in Annex I. Member States shall introduce digital features in physical cards using electronic means addressing fraud-prevention as part of the European Disability Card, as soon as the requirements concerning the digital features referred to in Annex I, are laid down by the Commission in the technical specifications referred to in Article 8. The digital storage medium shall not contain more personal data than the data provided for the European Disability Card in Annex I.

Added:Article 3 – paragraph 1 – point f a (new): (fa) “reasonable accommodation” means necessary and appropriate modification and adjustments that do not impose a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights, fundamental freedoms and the rights provided for in this Directive;

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Removed:Article 6 – paragraph 4: 4. The European Disability Card shall be issued or renewed by the Member State of residence directly where already provided for in the national disability assessment and recognition procedure, or upon application by the person with disabilities. It shall be issued and renewed free of charge for the beneficiary and within a reasonable period from the date of the application which shall not exceed either 60 days or the 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 whichever is shorter.

Added:Article 3 – paragraph 1 – point f b (new): (fb) “EU mobility programme” means a Union programme that supports natural persons moving to another Member State for an educational, training, professional, civic or cultural purpose or a combination thereof for a fixed period.

Removed:Article 6 – paragraph 4 a (new): 4a. Member States shall ensure that persons with disabilities, or designated representatives acting on their behalf and with their approval, may appeal a decision by the competent authorities regarding the issuance, renewal or withdrawal of a European Disability Card.

Added:Article 4 – paragraph 1 – point a: (a) Union citizens and family members of Union citizens 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) and sign language interpreters;

Removed:Article 6 – paragraph 7: 7. The Commission is empowered to adopt delegated acts in accordance with Article 11 to supplement this Directive in order to set the digital format of the European Disability Card and ensure interoperability, and to amend Annex I in order to modify the common features of the standardised and accessible format, adapt the format to technical developments, introduce digital features in order to prevent forgery and fraud, address abuse or misuse and ensure interoperability.

Added: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 assistance animals such as guide or assistance dogs of the holder of a European Disability Card;

Change 21

Changed:Article 76 – paragraph 1: 1. Each Member State shall introduce the European ParkingDisability Card for persons with disabilities following the common standardised format and accessibleuniversal formataccessibility requirements set out in Annex II.I. Member States shall introduce digital features in physical cards using electronic means addressing fraud-prevention as part of the European Parking Card for persons withDisability disabilities,Card, as soon as the requirements concerning the digital features referred to in Annex II,I, are laid down by the Commission in the technical specifications referred to in Article 8. The digital storage medium shall not contain more personal data than the data provided for the European Disability Card in Annex II.I.

Change 22

Changed:Article 76 – paragraph 4: 4.2: The2. European ParkingDisability CardCards forissued personsby withMember disabilitiesStates shall be issued ormutually renewedrecognised byin theall Member State of residence uponStates applicationand byshall thebe personcompatible with disabilities. Itany shallcertificate, bedisability issuedcard or renewedany freeother offormal chargedocument for the beneficiary and within a reasonable period from the datepersons ofwith thedisabilities applicationissued whichat shallnational, notregional exceedor 60local days.level.

Change 23

Removed:Article 7 – paragraph 4 a (new): 4a. Member States shall ensure that persons with disabilities, or designated representatives acting on their behalf and with their approval, may appeal a decision by the competent authorities regarding the issuance, renewal or withdrawal of a European Parking Card.

Added:Article 6 – paragraph 4: 4. The European Disability Card shall be issued or renewed by the Member State of residence directly where already provided for in the national disability assessment and recognition procedure or upon application by the person with disabilities. Persons with disabilities shall be duly informed about the possibility to apply for the European Disability Card where it is not issued directly. It shall be issued and renewed free of charge to the beneficiary and within either 60 days or within the 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 whichever is shorter.

Removed:Article 7 – paragraph 7: 7. The Commission is empowered to adopt delegated acts in accordance with Article 11 to supplement the Directive in order to set the digital format of the European Parking Card for persons with disabilities and ensure interoperability, including through the development and deployment of digital tools, and to amend Annex II in order to modify the common features of the standardised and accessible format, adapt the format to technical developments, prevent forgery and fraud, address abuse or misuse and ensure interoperability, including through the development and deployment of digital tools.

Added:Article 6 – paragraph 4 a (new): 4a. Member States shall ensure that persons with disabilities, or designated representatives acting on their behalf and with their or their legal guardian´s approval, are able to appeal against a decision by the competent authorities regarding the issuance, renewal or withdrawal of a European Disability Card in accordance with national law and practice.

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Removed:Article 7 – paragraph 7 a (new): 7a. The Commission shall establish a publicly available Union database that contains relevant information related to the applicable parking conditions and facilities as defined at local, regional, or national level in each Member State. The database shall be available in all EU languages and in accessible formats. Member States shall ensure public authorities upload this information to the database and update it where necessary.

Added:Article 6 – paragraph 5: 5. The European Disability Card shall be issued as a physical card and shall be complemented by a digital format upon adoption of the delegated acts referred to in paragraph 7. Persons with disabilities shall be given the option to use, on an equal footing, either the digital or physical card, or both.

Added: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 national 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.

Added:Article 6 – paragraph 7: 7. By ... [12 months from the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 11 supplementing this Directive by setting the digital format of the European Disability Card and ensure interoperability. / The Commission is empowered to adopt delegated acts in accordance with Article 11 to amend Annex I in order to modify the common features of the standardised format and universal accessibility requirements, adapt the format to technical developments, introduce digital features in order to prevent forgery and fraud, address abuse or misuse and ensure accessibility and interoperability.

Added:Article 7 – paragraph 1: 1. Each Member State shall introduce the European Parking Card for persons with disabilities following the common standardised format and universal accessibility requirements set out in Annex II. Member States shall introduce digital features in physical cards using electronic means addressing fraud-prevention as part of the European Parking Card for persons with disabilities, as soon as the requirements concerning the digital features referred to in Annex II, are laid down by the Commission in the technical specifications referred to in Article 8. The digital storage medium shall not contain more personal data than the data provided for the European Parking Card in Annex II.

Added: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 free of charge to the beneficiary and within a reasonable period from the date of the application which shall not exceed 30 days. Persons with disabilities shall, however, have the right to request to have the digital version of the European Parking Card for persons with disabilities available within 15 days of an application by the person with disabilities.

Added:Article 7 – paragraph 4 a (new): 4a. Member States shall ensure that persons with disabilities, or designated representatives acting on their behalf and with their or their legal guardian´s approval, may appeal against a decision by the competent authorities regarding the issuance, renewal or withdrawal of a European Parking Card in accordance with national law and practice.

Added:Article 7 – paragraph 5: 5. Member States shall take the necessary measures to ensure that the European Parking Card for persons with disabilities replaces all existing valid parking cards, issued in accordance with the Council Recommendation on parking cards for persons with disabilities58 at national, regional or local level upon the European Parking Card’s issuance, and in any event at the latest by dd/mm/yy [date of application of this Directive.

Added:Article 7 – paragraph 6: 6. The European Parking Card for persons with disabilities shall be issued or renewed as a physical card and shall be complemented by a digital format upon adoption of the delegated acts referred to in paragraph 7. Persons with disabilities shall be given the option to use, on an equal footing, either the digital or physical card, or both.

Added:Article 7 – paragraph 7: 7. By ... [12 months from the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 11 supplementing the Directive by setting the digital format of the European Parking Card for persons with disabilities and ensure interoperability, including through the development and deployment of digital tools. / The Commission is empowered to adopt delegated acts in accordance with Article 11, to amend Annex II in order to modify the common features of the standardised format and universal accessibility requirements, adapt the format to technical developments, prevent forgery and fraud, address abuse or misuse and ensure interoperability, including through the development and deployment of digital tools.

Added:Article 7 a (new): Article 7a / Provisions for card holders when changing residence / 1. Member States shall ensure that the holders of European Disability Cards or European Parking Cards for persons with disabilities who have changed their Member State of residence, and who await issuance of a national disability card, certificate or any other formal document recognising their disability status by the competent authorities in that Member State, are guaranteed the rights provided for in this Directive during that period. The European Disability Card and the European Parking Card for persons with disabilities issued by the Member State of last residence shall be valid until the new national disability card, certificate or any other formal document recognising the disability status of the holder has been issued. / 2. Member States shall ensure that the process of re-assessment and recognition of disability status, and any subsequent issuing of a new European Disability Card or European Parking Card for persons with disabilities, is carried out within a reasonable period of time and in an efficient manner.

Added:Article 8 – paragraph 2: 2. Those implementing acts shall be adopted by ... [12 months from the date of entry into force of this Directive], in accordance with the examination procedure referred to in Article 12(2).

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Changed:Article 9 – paragraph 33: –3. subparagraphMember 1States ashall (new):take Anyall measuresnecessary takensteps to avoid the risk of forgery or fraud shall have due regard and considerationshall toactively thecombat, rightsthoroughly ofinvestigate personsand, withwhere disabilitiesrelevant, andprovide shallfor notadministrative resultor injudicial anyproceedings interferenceto withaddress the legitimate interestsfraudulent ofissuance, personsuse withand disabilitiesforgery inof the use ofEuropean eitherDisability cardCard orand leadEuropean inParking anyCard wayfor topersons theirwith stigmatisation.disabilities.

Change 25

Changed:Article 9 – paragraph 4: 4.3 Member– Statessubparagraph shall1 takea the(new): necessaryAny measures taken to ensureavoid thatthe holdersrisk of a Europeanforgery Disabilityor Cardfraud orshall Europeanrespect Parkingthe Cardrights forof persons with disabilities returnand theirshall cardsnot toresult thein competentany authorityinterference shouldwith the conditionslegitimate underinterests whichof theypersons werewith issueddisabilities noin longertheir beaccess fulfilled.to or use of either card or lead in any way to their stigmatisation.

Change 26

Added:Article 9 – paragraph 4: 4. Member States shall take the necessary measures to ensure that holders of a European Disability Card or European Parking Card for persons with disabilities return their cards to the competent authority in the event that the conditions under which they were issued are no longer fulfilled.

Added:Article 9 – paragraph 5: 5. Member States shall take the necessary measures to ensure that in case they encounter cases of abuse or misuse of the cards issued by another Member State on their territory, the competent authorities in the Member State who issued the European Disability Card or European Parking Card for persons with disabilities are informed. The Member State of issuance shall ensure appropriate follow-up in accordance with national law or practice. Member States shall exchange information with regard to abuse or misuse of the cards.

Change 27

Changed:Article 9 a (new): Article 9a / Accessibility of information and awareness raising / 1. Member States shall makeprovide thefor conditions and rules, practices, and procedures to issue, renew or withdraw a European Disability Card and a European Parking Card for persons with disabilities publicly available in accessible formats, including in digital formats, national and international sign languageslanguages, braille and easyeasy-to-read toand readaudio format,formats, and uponin requestother inalternative assistive formats requestedupon bythe request of persons with disabilities. / 2. Member States shall take appropriate measures to raise awareness among the public, in particular to public authorities and informprivate operators having the potential to offer special conditions, preferential treatment and parking conditions and facilities for persons with disabilities,disabilities pursuant to Article 5 and other relevant stakeholders including representative organisations of persons with disabilities, and inform persons with disabilities, in accessible ways, about the existence and conditions to obtain, use, or renew the European Disability Card and the European Parking Card for persons with disabilities. The Commission shall undertake a European awareness raising campaign in cooperation with the Member States. / 3. The information referred to in paragraphparagraphs 1 and 2 of this Article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible way, including through private operators’ or public authorities’ official website where available, or by other suitable means, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882. The Commission shall collate this information from Member States on a single dedicated Union website. / 4. The information referred to in paragraph 1 andofficial 2websites of this Article shallprivate beoperators easilyor understandable,public withoutauthorities exc…wh…

Change 28

Removed:Article 11 – paragraph 4: 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making as well as persons with disabilities and their representative organisations.

Added:Article 10 a (new): Article 10a / Representative organisations of persons with disabilities / Member States shall ensure that representative organisations of persons with disabilities can participate meaningfully in the development, planning, implementation, monitoring and evaluation of both the European Disability Card and the European Parking Card for persons with disabilities.

Change 29

Changed:Article 1211 – paragraph 1:4: 1.4. TheBefore Commissionadopting shalla bedelegated assistedact, bythe aCommission committeeshall andconsult shallpersons meaningfullywith involvedisabilities and their representative organisations ofas personswell withas disabilities.experts Thatdesignated committeeby shalleach beMember aState committeein withinaccordance with the meaningprinciples laid down in the Interinstitutional Agreement of Regulation13 (EU)April No2016 182/2011.on Better Law-Making.

Change 30

Added:Article 12 – paragraph 1: 1. The Commission shall be assisted by a committee and shall ensure that representative organisations of persons with disabilities can participate meaningfully. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Change 31

Changed:Article 13 – paragraph 1: 1. Member States shall ensure that adequate and effective means exist to ensure thecompliance with and enforcement of this Directive.

Change 32

Changed:Article 13 – paragraph 2 – point b a (new): (ba) provisions whereby persons with disabilities have a right toof redress, including adequate compensation, in casecases of infringements of their rights arising from this Directive.

Change 33

Changed:Article 13 – paragraph 2 a (new): 2a. Member States shall ensure thesethat the design and implementation of provisions referred to in paragraph 2 comply with the principle of reasonable accommodation for persons with disabilities in their design and implementation.disabilities.

Change 34

Added:Article 14 – paragraph 1: 1. Member States shall lay down the rules on penalties applicable to public authorities or private operators for violations of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented.

Change 35

Changed:Article 15 – paragraph 1: 1. Member States shall ensure that private operators or public authorities make information on any special conditions or preferential treatment pursuant to Article 51 publicly– availablesubparagraph in1 a clear, comprehensive, user-friendly and easily accessible way and in accessible formats.(new): /Each Member StatesState shall establish a single dedicated website collating the special conditions or preferential treatment offered by their public authorities.authorities and shall ensure this information is up to date. Member States may also facilitate information concerning the special conditions or preferential treatment offered by private operators on the website where available. The website shall be in the official language(s)languages of the Member StatesStates, national and international sign languages for audio and video content, in accessible and easy-to-read formats, in English as well as in any other relevant language(s)languages as determined by the Member State.

Change 36

Changed:Article 15 – paragraph 2:1 2.a (new): 1a. Member States shall supportensure, andwhere encourageapplicable, privatethat operators orof publiccross-border authoritiespassenger totransport voluntarilyservices provide specialclear conditionsinformation orto preferentialpassengers treatmentholding fora personsEuropean withDisability disabilitiesCard inon asthe widespecial aconditions rangeor ofpreferential services,treatment otherapplicable activitiesin anddifferent facilitiesparts asof possible.the operations.

Change 37

Removed:Article 15 – paragraph 3: 3. The information referred to in paragraph 1 of this article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible way, including through the private operators or public authorities’ official website where available, or by other suitable means, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882 without exceeding a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages.

Added:Article 15 – paragraph 2: 2. Member States shall support and encourage private operators or public authorities to voluntarily provide special conditions or preferential treatment for persons with disabilities in as wide a range of services, other activities and facilities as possible. / In particular, Member States shall support and encourage private operators and public authorities through, inter alia, the provision of information and exchange of best practices on possible special conditions or preferential treatment to be offered and the provision of disability- awareness training so as to ensure the relevance, effectiveness and inclusivity of any special conditions or preferential treatment offered. Member States shall ensure all such measures are carried out in partnership with persons with disabilities and their representative organisations.

Removed:Article 16 – paragraph 1: 1. By dd/mm/yy [two years after the date of application of this Directive], and every four years thereafter, the Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.

Added:Article 15 – paragraph 3: 3. The information referred to in paragraphs 1 and 1a of this Article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible way, including through the private operators or public authorities’ official website where available, or by other suitable means, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882 without exceeding a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages and including in the national sign languages.

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Removed:Article 16 – paragraph 2: 2. The report shall address, inter alia, in the light of social, economic and other relevant developments the use of the European Disability Card and European Parking Card for persons with disabilities with a view to assessing the need to review this Directive.

Added:Article 15 a (new): Article 15a / Union website for the European Disability Card and European Parking Card for persons with disabilities / 1. By ...[x months from the date of entry into force of this Directive], the Commission shall set up a single dedicated Union website (Union website). The Union website shall contain: / (a) the information referred to in Article 9a; / (b) relevant information related to the applicable parking conditions and facilities as defined at local, regional, or national level in each Member State; / (c) an accessible digital portal through which the national websites referred to in Article 15(1) can be accessed. / Member States shall ensure that public authorities provide the information referred to in points (a) and (b) of the first subparagraph to the Union website and shall update that information where necessary. / 2. The Union website shall be available in all official Union languages, international sign language and the national sign languages of Member States as well as in accessible and easy-to-read formats, in accordance with the relevant accessibility requirements for services set in Annex I to Directive (EU) 2019/882. The information referred to in this Article shall be easily understandable, without exceeding a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages.

Added:Article 16 – paragraph 1: 1. By dd/mm/yy [two years from the date of application of this Directive], and every four years thereafter, the Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.

Added:Article 16 – paragraph 2: 2. The report shall address, inter alia, in the light of social, economic, technological and other relevant developments the use of the European Disability Card and European Parking Card for persons with disabilities, the extent to which the implementation of this Directive has met its objectives and its interaction with other relevant Union legal acts with a view to assessing the need to review this Directive. The report shall include an assessment of the use of the card as regards portability in the area of social security benefits, social protection and social assistance in the situations referred to in Article 2(2a). / The report shall also include an intersectionality and gender equality analysis of the impact of this Directive on the free movement of persons with disabilities who have intersecting identities, in particular women and girls. The report shall also evaluate the effectiveness of the incentivising measures provided by Member States to service providers under Article 15(2).

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Changed:Article 18 – paragraph 1: 1. Member States shall adopt and publish, by dd/mm/yy [within 12 months afterfrom the date of entry into force of this Directive] 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.

Change 39

Removed:Annexx II – paragraph 3 – point b – indent 1

Added:Annex I – paragraph 2: BACK SIDE National information in the national language or national languages to be decided by the issuing Member State. Member States shall provide the option to persons with disabilities, when applying for the card to the relevant authorities, to display relevant symbols on the card in order to indicate the nature of their required reasonable accommodation. The Commission shall develop guidelines for common pictograms illustrating different types of assistance.

Change 40

Changed:Amendment:Annex •II – point 3 – point b – indent 1: – in capital letters, the words ‘European Parking Card for persons with disabilities’ in the language(s) of the Member State issuing the card and in braille using the Marburg code dimensions; after a suitable space, it shall appear in small type in the other languages of the European Union;