Legal provisions of COM(2023)512 - European Disability Card and the European Parking Card for persons with disabilities - Main contents

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dossier	COM(2023)512 - European Disability Card and the European Parking Card for persons with disabilities.
document	COM(2023)512
date	October 23, 2024

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Directive lays down:

(a)

the rules governing the issuance of the European Disability Card to persons with disabilities as proof of a disability status or proof of entitlement to specific services based on a disability, with the aim of promoting 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 equal access to any special conditions or preferential treatment with respect to services, activities or facilities, including where not provided for remuneration, offered to or reserved for persons with disabilities in that Member State, including those making use of assistance animals, and, where applicable, persons accompanying or assisting persons with disabilities, including their personal assistants;

(b)

the rules governing the issuance of the European Parking Card for persons with disabilities as proof of the right to parking conditions and facilities reserved for persons with disabilities, with the aim of promoting freedom of movement for persons with disabilities and facilitating short stays of persons with disabilities in a Member State other than that in which they are a resident, by granting them equal access to any parking conditions and facilities offered to or reserved for persons with disabilities in that Member State and, where applicable, persons accompanying or assisting persons with disabilities, including their personal assistants;

(c)	common templates for the European Disability Card and the European Parking Card for persons with disabilities.

Article 2

Scope

1. This Directive shall apply to parking conditions and facilities and to all situations where special conditions or preferential treatment are offered by public authorities or private operators to persons with disabilities as regards access to the following services, activities and facilities, in the context of a short stay:

(a)	services within the meaning of Article 57 TFEU;

(b)	passenger transport services;

(c)	other activities and facilities, including where not provided for remuneration.

2. Member States shall apply this Directive for periods longer than a short stay to holders of the European Disability Card or the European Parking Card for persons with disabilities who participate in a Union mobility programme, for the duration of that programme.

Member States may also decide to apply this Directive for periods longer than a short stay to holders of the European Disability Card or European Parking Card for persons with disabilities visiting or staying in their territory.

3. This Directive does not apply to:

(a)	benefits in the area of social security under Regulations (EC) No 883/2004 and (EC) No 987/2009;

(b)	special contributory or non-contributory cash benefits or benefits in kind in the area of social security, social protection or employment;

(c)	social assistance covered by Article 24(2) of Directive 2004/38/EC;

(d)	remunerated or non-remunerated services that are provided for the long-term inclusion, habilitation or rehabilitation of persons with disabilities;

(e)	special conditions or preferential treatment for access to services offered to persons with disabilities in consideration of their individual needs and upon the fulfilment of additional criteria, on the basis of an individual assessment or of a decision on entitlement to specific services.

4. This Directive does not affect Member States’ competence to determine the conditions for assessing and recognising disability status or the entitlement to specific services based on a disability, or for granting the right to parking conditions and facilities reserved for persons with disabilities. It does not affect Member States’ competence to issue, at national, regional or local level, a disability certificate, disability card or other formal document for persons with disabilities, including a decision on the entitlement to specific services based on a disability.

5. This Directive does not affect Member States’ competence to grant, or to require to be granted, specific benefits or special conditions or preferential treatment, such as free access or reduced tariffs for persons with disabilities, including those making use of assistance animals, and for a person or persons accompanying or assisting persons with disabilities, including their personal assistant or assistants.

6. This Directive shall be without prejudice to the rights that persons with disabilities or a person or persons accompanying or assisting them, including their personal assistant or assistants, or assistance animals may derive from other provisions of Union law or national law implementing Union law, including rights offering 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 the rights referred to in this paragraph for which a disability certificate, disability card or other formal document for persons with disabilities may be required in accordance with Union law, unless the relevant Member State decides to merge the national disability certificate, disability card or other formal document for persons with disabilities with the European Disability Card.

Article 3

Definitions

For the purpose of this Directive, the following definitions shall apply:

(1)	‘Union citizen’ means a person having the nationality of a Member State;

(2)	‘family member’ means a family member as defined in Article 2, point (2), of Directive 2004/38/EC or within the meaning of Article 3(2) of that Directive, irrespective of their nationality, of a Union citizen exercising his or her right to free movement;

(3)	‘persons with disabilities’ means persons who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others;

(4)	‘personal assistant’ means a person who is accompanying or assisting a person with disabilities and who is recognised as such in accordance with national law or practice;

(5)

‘special conditions or preferential treatment’ means any specific conditions, including those related to financial conditions, or any differentiated treatment related to assistance and support offered to persons with disabilities or, where applicable, to persons accompanying or assisting them including personal assistants, or to assistance animals, irrespective of whether they are offered on a voluntary basis or imposed on the basis of a legal obligation;

(6)

‘parking conditions and facilities’ means a parking space reserved for persons with disabilities or, where applicable, persons accompanying or assisting them including personal assistants, either exclusively or in general, as well as any associated parking benefits or preferential conditions offered to persons with disabilities, irrespective of whether they are offered on a voluntary basis or imposed on the basis of a legal obligation;

(7)	‘short stay’ means a visit or stay in another Member State of up to three months;

(8)	‘assistance animal’ means an animal that provides assistance or performs tasks for the benefit of a person with disabilities in accordance with national law and practice.

Article 4

Beneficiaries

This Directive shall apply to:

(a)

Union citizens and family members whose disability status or entitlement to specific services based on a disability is recognised by the competent authorities or bodies in their Member State of residence, including by means of a disability certificate, disability card or other formal document issued in accordance with national competences, practice and procedures, who may be accompanied or assisted by one or, where necessary, more than one other persons, including a personal assistant or personal assistants, or by assistance animals, which may be indicated by the letter ‘A’ on their European Disability Card;

(b)

Union citizens and family members whose rights to parking conditions and facilities reserved for persons with disabilities are recognised by the competent authorities or bodies in their Member State of residence, including by way of a parking card for persons with disabilities or other document issued in accordance with national competences, practice and procedures, who may be accompanied or assisted by one or, where necessary more than one other persons, including a personal assistant or personal assistants.

With regard to point (a) of the first paragraph, the letter ‘A’ may also be added on the European Disability Card for persons with disabilities with an increased need for support, in accordance with national law and practice.

Article 5

Equal access of persons with disabilities to special conditions or preferential treatment

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 other formal document recognising their disability status or entitlement to specific services based on a disability in that Member State, where such formal documents exist, to any special conditions or preferential treatment offered with respect to the services, activities and facilities referred to in Article 2(1).

2. Unless specified otherwise in this Directive or in other Union law, Member States shall take the necessary measures to ensure that where the special conditions or preferential treatment referred to in paragraph 1 include favourable conditions for a person or persons accompanying or assisting persons with disabilities, including a personal assistant or personal assistants, or specific conditions for assistance animals, those favourable or specific conditions are offered on equal terms and conditions to a person or persons accompanying or assisting holders of a European Disability Card, including a personal assistant or personal assistants, or to assistance animals.

Article 6

Equal access of persons with disabilities to parking conditions and facilities

1. Member States shall take the necessary measures to ensure that holders of a European Parking Card for persons with disabilities, while travelling to or visiting a Member State other than that of which they are a resident, shall be granted access to parking conditions and facilities reserved for persons with disabilities on equal terms and conditions as those provided for in that Member State to holders of parking cards for persons with disabilities issued in that Member State.

2. Unless specified otherwise in this Directive or in other Union law, Member States shall take the necessary measures to ensure that, where the parking conditions and facilities referred to in paragraph 1 include favourable conditions for a person or persons accompanying or assisting persons with disabilities, including a personal assistant or personal assistants, those favourable conditions are offered on equal terms and conditions to a person or persons accompanying or assisting holders of a European Parking Card for persons with disabilities, including a personal assistant or personal assistants.

CHAPTER II

EUROPEAN DISABILITY CARD AND EUROPEAN PARKING CARD FOR PERSONS WITH DISABILITIES

Article 7

Format, mutual recognition, issue and validity of the European Disability Card

1. Each Member State shall introduce the physical version of the European Disability Card following the common standardised and accessible format set out in Annex I. Member States shall include in the physical version of the card a QR code and any other digital features that use electronic means to prevent and combat fraud as laid down in the delegated acts referred to in paragraph 7, point (a), within a reasonable time after their adoption and not later than 5 June 2028.

2. European Disability Cards issued by Member States shall be mutually recognised in all Member States.

3. Competent authorities or bodies in the Member States shall issue, renew or withdraw the European Disability Card in accordance with their national rules, procedures and practice. Without prejudice to Regulation (EU) 2016/679, Member States shall ensure the security, integrity, authenticity and confidentiality of the personal data collected and stored for the purpose of this Directive. The competent authority or body responsible for issuing the European Disability Card shall be considered to be a controller as defined in Article 4, point (7), of Regulation (EU) 2016/679 and shall have responsibility for the processing of personal data. Cooperation with external service providers shall not exclude any liability on the part of a Member State which may arise under Union or national law in respect of non-compliance with obligations with regard to personal data.

4. The European Disability Card shall be issued or renewed by the Member State of residence directly or upon application by the person with disabilities or by an authorised person, under national law. Persons with disabilities shall be informed about the possibility to apply for the European Disability Card where it is not issued directly. It shall be issued or renewed free of charge to the beneficiary, within the same period as applicable to issuing disability certificates, disability cards or other formal documents or to procedure recognising the disability status or entitlement to specific services based on a disability. Member States may decide to charge a fee for the costs relating to the reissuance of the European Disability Card in the event of loss or damage. Where such a fee is charged, Member States shall ensure that the fee does not exceed the administrative costs concerned or prevent or discourage persons with disabilities from requesting the reissuance of the European Disability Card.

5. The European Disability Card shall be issued as a physical version and shall be complemented by an accessible digital version within a reasonable time after the Commission has laid down the technical specifications referred to in Article 9(2). Persons with disabilities shall be given the option to request the physical version of card, the digital version or both. The digital version shall not contain more personal data than those provided for the physical version as set out in Annex I. The personal data contained in that digital version shall be encrypted and technical precautions shall be taken to ensure that the storage medium is read only by authorised users.

6. The validity of the European Disability Card shall be determined by the issuing Member State. Member States shall ensure that the European Disability Card has the longest possible validity taking into account, where applicable, the duration of validity of the disability certificate, disability card or other formal document or the duration of procedure recognising the disability status or entitlement to specific services issued by the competent authority or body of the Member State of residence of a person with disabilities.

7. By 5 December 2025, the Commission shall adopt delegated acts in accordance with Article 14 to supplement this Directive by:

(a)	setting the QR code and, if appropriate, other state-of-the-art digital features that use electronic means for the physical version of the European Disability Card, to prevent and combat fraud; and

(b)

establishing digital features that ensure the security of the physical version of the European Disability Card, including the appropriate security measures for personal data in accordance with Regulation (EU) 2016/679, as well as interoperability matters, such as common Union applications for reading data contained in digital features in the physical version of the card that use electronic means to prevent and combat fraud.

(a)	setting the QR code and, if appropriate, other state-of-the-art digital features that use electronic means for the physical version of the European Parking Card for persons with disabilities, to prevent and combat fraud; and

(b)

establishing common technical specifications that ensure the security of the physical version of the European Parking Card for persons with disabilities, including the appropriate security measures for personal data in accordance with Regulation (EU) 2016/679, as well as interoperability matters, such as common Union applications for reading data contained in digital features in the physical version of the card that use electronic means to prevent and combat fraud.

8. The Commission is empowered to adopt delegated acts in accordance with Article 14 to amend this Directive by modifying the data fields of the standardised format for the European Parking Card for persons with disabilities set out in Annex II where such modifications are necessary to adapt the format to technical developments, to prevent forgery and fraud, to address abuse or misuse or to ensure interoperability. In those delegated acts, Member States shall be given sufficient time to implement such modifications.

CHAPTER III

COMMON PROVISIONS

Article 9

Digital versions and common technical specifications

1. The Commission shall adopt implementing acts to set the accessible digital versions of the European Disability Card and the European Parking Card for persons with disabilities, with the data fields set out in Annexes I and II respectively, and to ensure interoperability.

2. The Commission shall adopt implementing acts establishing common technical specifications regarding the storage medium of the digital version of the European Disability Card and the European Parking Card for persons with disabilities for matters such as verifying the validity of the European Disability Card and the European Parking Card for persons with disabilities and their serial or file number, for controlling their authenticity, for preventing forgery and fraud, for the reading of those cards between Member States, and for their use in a digital identity wallet at Union level.

3. The implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 15(2).

4. Before adopting the implementing acts pursuant to paragraph 1 or 2, the Commission shall consult persons with disabilities and their representative organisations as well as 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 (23).

Article 10

Surveillance and compliance

1. Member States, with the support of the Commission, shall take the necessary steps to prevent the risk of forgery and fraud and shall actively combat the fraudulent issuance, fraudulent use and forgery of the European Disability Card and European Parking Card for persons with disabilities.

2. In the event that a Member State encounters serious or systematic cases of abuse on its territory of the European Disability Card or European Parking Card for persons with disabilities issued by another Member State, that Member State shall inform thereof the issuing Member State. The issuing Member State shall ensure appropriate follow-up in accordance with national law or practice. Member States shall exchange information with regard to abuse of those cards.

3. Member States shall carry out checks, as appropriate, on compliance with the obligations deriving from the European Disability Card or European Parking Card for persons with disabilities and with the corresponding rights of persons with disabilities holding those cards, including in respect of assistance animals and of persons accompanying or assisting persons with disabilities, including their personal assistants.

Article 11

Accessibility of information and awareness raising

1. Member States shall make the conditions, rules, practice and procedures for issuing, renewing and withdrawing a European Disability Card and a European Parking Card for persons with disabilities publicly available in accessible formats, including in digital and easy-to-read formats, and upon request in the assistive formats requested by persons with disabilities.

2. Member States shall take appropriate measures to raise awareness among the public and inform persons with disabilities and their representative organisations, including in accessible ways, about the existence and conditions for obtaining, using or renewing the European Disability Card and the European Parking Card for persons with disabilities. The Commission shall undertake a Union awareness-raising campaign in cooperation with the Member States and shall continuously promote awareness raising and dissemination of information on the implementation of this Directive.

3. Member States shall take measures to raise awareness among public authorities and private operators about the existence and the use of the European Disability Card and the European Parking Card for persons with disabilities and encourage such authorities and operators to voluntarily offer special conditions or preferential treatment, and parking conditions and facilities to persons with disabilities in as wide a range of services, other activities and facilities as possible.

4. The information referred to in paragraphs 1 and 2 of this Article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible manner, in accordance with the relevant accessibility requirements for services as set out in Annex I to Directive (EU) 2019/882, including through the official websites of public authorities, or by other suitable means.

Article 12

Competent authorities or bodies, and contact points

1. Member States shall designate one or more competent authorities or bodies responsible for the issuance, renewal and withdrawal of the European Disability Card and the European Parking Card for persons with disabilities.

2. Member States shall designate one or more national contact points in order to facilitate the dialogue between the Member States and the Commission on the proper transposition and implementation of this Directive. By 5 June 2025, Member States shall inform the Commission of their national contact points.

Article 13

Representative organisations of persons with disabilities

Member States shall ensure the active consultation and involvement of representative organisations of persons with disabilities in the development, implementation and evaluation of the European Disability Card and the European Parking Card for persons with disabilities.

CHAPTER IV

DELEGATED AND IMPLEMENTING POWERS

Article 14

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 7(7) and (8) and Article 8(7) and (8) shall be conferred on the Commission for a period of five years from 4 December 2024. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Articles 7(7) and (8) and Article 8(7) and (8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult persons with disabilities and their representative organisations as well as 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.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 7(7) or (8) or Article 8(7) or (8) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 15

Committee procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

CHAPTER V

FINAL PROVISIONS

Article 16

Enforcement and remedies

1. Member States shall ensure that adequate and effective means exist to ensure compliance with and enforcement of this Directive.

2. The means referred to in paragraph 1 shall include:

(a)

provisions whereby, in accordance with national law and practice, persons with disabilities, or representatives designated by them and acting on their behalf and with their or their legal guardian’s approval, are able to appeal against a decision of the competent authorities or bodies regarding the issuance, renewal or withdrawal of a European Disability Card or a European Parking Card for persons with disabilities;

(b)	provisions whereby persons with disabilities may take action under national law before the courts or before the competent administrative bodies in the event of non-compliance with the obligations or rights provided for in this Directive and in national provisions implementing this Directive;

(c)

provisions whereby one or more of the following bodies, as determined by national law, may take action in accordance with national law and procedures before the courts or before the competent administrative bodies on behalf or in support of persons with disabilities protecting their rights, and with their approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive:

(i)	public bodies;

(ii)	private associations, organisations or other legal entities which have a legitimate interest in ensuring that this Directive is complied with, such as representative organisations of persons with disabilities.

Article 17

Non-compliance and penalties

1. Member States shall lay down the rules on appropriate measures, such as penalties, in accordance with national law and practice, applicable to public authorities or bodies or private operators for non-compliance with the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that those rules are implemented.

2. The measures provided for shall be effective, proportionate and dissuasive and be accompanied by effective remedial action.

Article 18

Access to information

1. Member States shall ensure that public authorities make the information on the special conditions or preferential treatment or on parking conditions and facilities that they offer to persons with disabilities pursuant to Articles 5 and 6 publicly available, including through their websites where available, or by other suitable means.

Each Member State shall establish a national website containing general information regarding the objective and the use of the European Disability Card and the European Parking Card for persons with disabilities, including, where appropriate, references to the competent authorities or bodies responsible for issuing, renewing and withdrawing those cards. That website shall also include general information available on special conditions or preferential treatment offered by public authorities for persons with disabilities and redirect users to visit specific websites of relevant public authorities for more specific information. That website may also contain such information from private operators at national level.

2. Member States shall also encourage private operators to make information on the special conditions or preferential treatment and on parking conditions and facilities they offer pursuant to Articles 5 and 6 publicly available in accessible formats.

3. The information referred to in paragraphs 1 and 2 of this Article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible way, through the public authorities’ or private operators’ official websites where available, or by other suitable means, in accordance with the relevant accessibility requirements for services as set out in Annex I to Directive (EU) 2019/882.

4. In accordance with the relevant Union law, where applicable, operators of cross-border passenger transport services shall ensure that clear information is offered or available to passengers holding a European Disability Card on the special conditions or preferential treatment applicable in different parts of their journey.

Article 19

Union webpage

1. By 5 December 2028, the Commission shall set up a dedicated Union webpage for the European Disability Card and European Parking Card for persons with disabilities. That Union webpage shall contain a link to the national websites referred to in the second subparagraph of Article 18(1).

2. The Union webpage shall be available in all official Union languages, in international sign language and in 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 as set out in Annex I to Directive (EU) 2019/882. The information on the Union webpage shall be easily understandable, without exceeding the level of complexity of level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages.

Article 20

Reporting and assessment

1. By 5 June 2031, 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.

2. The report referred to in paragraph 1 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, in particular the impact of any fees, 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.

That report shall also include an analysis of specific situations of disadvantage resulting from intersectional discrimination, which is understood as discrimination based on a combination of disability and any other grounds protected under Council Directive 79/7/EEC (24), 2000/43/EC (25), 2000/78/EC (26) or 2004/113/EC (27), with a particular focus on women and girls with disabilities.

3. By 5 June 2029, the Commission shall carry out an assessment on any remaining gaps relating to the free movement of persons with disabilities. The Commission shall take due account of the outcome of that assessment when deciding whether further action at Union level is required to address any such gaps.

4. Member States shall communicate to the Commission, at its request and in due time, the information necessary for the Commission to draw up the report referred to in paragraph 1.

5. The report referred to in paragraph 1 shall take into account the viewpoints of persons with disabilities, of relevant non-governmental organisations in particular organisations representing persons with disabilities, and of economic stakeholders.

Article 21

Transposition

1. By 5 June 2027, Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those measures.

They shall apply those measures from 5 June 2028.

2. When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 22

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 23

Addressees

This Directive is addressed to the Member States.