Proposal for a Directive establishing the European Disability Card and the European Parking Card for persons with disabilities

Summary:

Legislative initiative proposed by the European Commission on 6 September 2023, introducing a standardised European Disability Card and enhancing the existing European Parking Card for persons with disabilities. This is a text with EEA relevance.

Further information:

The European Union (EU) is committed to tackling 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 the Charter of Fundamental Rights. The European Pillar of Social Rights (EPSR) provides that everyone, regardless of disability, has the right to equal treatment and opportunities regarding access to goods and services available to the public. It also recognises that persons with disabilities have the right to services that enable them to participate in society. It refers to significant barriers that persons with disabilities still face, which are further addressed in the Strategy for the Rights of Persons with Disabilities 2021-2030.

The most common special conditions or preferential treatment are offered or provided for with respect to public and private transport, parking spaces, cultural events, leisure and sport centres or services, amusement parks, tourism. However, persons with a recognised disability status in their Member State of residence travelling to another Member State may encounter difficulties with accessing special conditions or preferential treatment offered in or provided for in the Member State they are visiting, often due to a lack of recognition of their disability card or certificate issued by their Member State of residence.

The EU Parking Card for persons with disabilities was created by means of a Council Recommendation in 1998. However, despite this, cardholders face difficulties when using the standardised, EU model parking card for persons with disabilities, such as uncertainties about the rights granted and limited recognition of the card when travelling to other Member States, as well as fines being imposed even when showing the EU parking card or when it is displayed. In addition, national differences in the format and design as well as implementation of the EU parking card for persons with disabilities hamper its use, increase (legal) uncertainty, and give rise to forgery risks or fraudulent actions, as well as enforcement issues.

The proposed Directive establishes the framework, rules, and common conditions, including a common standardised model, for a European Disability Card as proof of a recognised disability status and the European Parking Card for persons with disabilities, as proof of their recognised right to parking conditions and facilities reserved for persons with disabilities.

The draft was adopted by the European Commission on 6 September 2023 as one of the flagship initiatives of the Strategy for the Rights of Persons with Disabilities 2021-2030. The Council of the European Union adopted its general approach to the proposal on 27 November. The plenary of the European Parliament endorsed a negotiating position on 17 January 2024. An informal agreement between the co-legislators on a compromise text for this file was reached on 8 February.

• Primary Source

Commentary and Analysis

European Disability Forum (EDF): News, 06/09/2023: European Disability Card will boost free movement for persons with disabilities https://www.edf-feph.org/european-disability-card-will-boost-free-movement-for-persons-with-disabilities/

European Union of the Deaf (EUD): Policy, 07/09/2023: EUD Welcomes the European Commission’s Proposal for a EU-wide Disability Card! https://www.eud.eu/eud-welcomes-the-european-commissions-proposal-for-a-eu-wide-disability-card/

European Association of Service providers for Persons with Disabilities (EASPD): News, 20/09/2023: European Commission delivers legislative proposal for EU Disability Card https://easpd.eu/news-detail/european-commission-delivers-legislative-proposal-for-eu-disability-card/

European Disability Forum (EDF): Publications, 03/10/2023: EDF analysis of the Commission proposal for a European Disability Card https://www.edf-feph.org/publications/edf-analysis-of-the-commission-proposal-for-a-european-disability-card/

Social Europe, 31/10/2023: Equality for persons with disabilities on the move https://www.socialeurope.eu/equality-for-persons-with-disabilities-on-the-move

Social Europe, 13/11/2023: For socially fair European disability cards https://www.socialeurope.eu/for-socially-fair-european-disability-cards

European Parliamentary Research Service (EPRS): Briefing, 01/12/2023: Introducing a European disability card and a European parking card - Initial Appraisal of a European Commission Impact Assessment https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2023)753188

Greens/EFA EP Group: Opinions, 01/12/2023: Freedom of Movement for all - the EU Disability Card https://www.greens-efa.eu/opinions/eu-disability-card/

European Parliamentary Research Service (EPRS): Briefing, 01/02/2024: The European disability card and European parking card https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2024)757636

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News

EUObserver, 04/09/2023: Burdens hindering 87m disabled citizens moving within EU https://euobserver.com/health-and-society/157380

The Brussels Times, 06/09/2023: European Disability Card to be issued automatically to persons certified as disabled https://www.brusselstimes.com/679651/european-disability-card-to-be-issued-automatically-to-persons-certified-as-disabled

EUObserver, 06/09/2023: EU's new disability card — a hit for trips, 'insufficient' for moving https://euobserver.com/health-and-society/157391

Euronews, 07/09/2023: European Commission unveils plans for EU-wide disability card https://www.euronews.com/my-europe/2023/09/07/european-commission-unveils-plans-for-eu-wide-disability-card

EurActiv, 08/09/2023: EU disability card proposal welcomed but disability organisations want more https://www.euractiv.com/section/health-consumers/news/eu-disability-card-proposal-welcomed-but-disability-organisations-want-more/

EurActiv, 11/01/2024: EU Parliament endorses new bloc-wide Disability Card https://www.euractiv.com/section/health-consumers/news/eu-parliament-endorses-new-bloc-wide-disability-card/

Renew Europe EP Group: News, 11/01/2024: EU free movement must become a reality for people with disabilities https://www.reneweuropegroup.eu/news/2024-01-11/eu-free-movement-must-become-a-reality-for-people-with-disabilities

Times of Malta, 08/02/2024: Disability card to be accepted across all EU countries https://timesofmalta.com/articles/view/disability-card-accepted-across-eu-countries.1082778

Euronews, 09/02/2024: First European disability card coming, slowly https://www.euronews.com/health/2024/02/09/first-european-disability-card-coming-slowly

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Official

EUR-LEX: SWD(2023)289: Staff Working Document accompanying the Proposal - Subsidiarity Grid https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2023:289:FIN

EUR-LEX: SWD(2023)290: Staff Working Document accompanying the Proposal - Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2023:290:FIN

EUR-LEX: SWD(2023)291: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2023:291:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on Establishing the European Disability Card and the European Parking Card for persons with disabilities (2023/0311(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2023/0311(COD)

European Parliament: Legislative Train Schedule: European Disability Card https://www.europarl.europa.eu/legislative-train/theme-a-new-push-for-european-democracy/file-european-disability-card

General Secretariat of the Council (EU): Policies: European disability card https://www.consilium.europa.eu/en/policies/european-disability-card/

European Commission: Public Consultations: European disability card https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13517-European-disability-card_en

European Commission: Press Release, 06/09/2023: Union of equality: Commission proposes European Disability and Parking Card valid in all Member States https://ec.europa.eu/commission/presscorner/detail/en/ip_23_4331

European Commission: Questions and Answers on European Disability Card and European Parking Card for persons with disabilities (6 September 2023) https://ec.europa.eu/commission/presscorner/detail/en/QANDA_23_4332

European Network on Independent Living (ENIL): Statement of the European Network on Independent Living on the European Disability Card and the European Parking Card for persons with disabilities (8 September 2023) https://enil.eu/statement-of-the-european-network-on-independent-living-on-the-european-disability-card-and-the-european-parking-card-for-persons-with-disabilities/

Council of the European Union: Press Release, 27/11/2023: European disability card: travelling across the EU to become easier for persons with disabilities https://www.consilium.europa.eu/en/press/press-releases/2023/11/27/european-disability-card-travelling-across-the-eu-to-become-easier-for-persons-with-disabilities/

EPP EP Group: Newsroom, 11/01/2024: No borders in Europe for people with disabilities https://www.eppgroup.eu/newsroom/no-borders-in-europe-for-people-with-disabilities

European Commission: Press Release, 08/02/2024: Commission welcomes political agreement on European Disability and Parking Cards https://ec.europa.eu/commission/presscorner/detail/en/ip_24_683

Council of the European Union: Press Release, 08/02/2024: Council and Parliament pave the way for a European disability card and a European parking card for persons with disabilities https://www.consilium.europa.eu/en/press/press-releases/2024/02/08/council-and-parliament-pave-the-way-for-a-european-disability-card-and-a-european-parking-card-for-persons-with-disabilities/

S&D EP Group: Newsroom, 08/02/2024: S&Ds welcome agreement on new EU law on disability cards to help millions https://www.socialistsanddemocrats.eu/newsroom/sds-welcome-agreement-new-eu-law-disability-cards-help-millions

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