On Thursday 22 February, MEPs from the Committees on Civil Liberties, Justice and Home Affairs (LIBE) and Employment and Social Affairs (EMPL) approved their negotiating position on extending the measures of the European Directive on the European Disability Card and the European parking card for people with disabilities to third-country nationals legally resident in a Member State of the European Union. The five compromise amendments were adopted.
A provisional agreement was reached on 8 February (see EUROPE 13346/12) between representatives of the European Parliament and the Council of the EU on the introduction of these cards, the aim of which is to facilitate access for people with disabilities to specific services and facilities and to preferential parking conditions.
The day after the adoption of the negotiating mandate by the Member States on the extension of the directive (see EUROPE 13355/7), MEPs spoke out in favour of rapid adoption of the two texts under the Belgian Presidency of the Council of the EU.
In addition to reaffirming the eligibility conditions for these benefits - which include legal residence in a Member State, recognition of the status of disabled person by that State and the right to move or travel in other Member States in accordance with EU law - the text tabled by MEPs states that the European disability card and the parking card for disabled people should be issued free of charge, although a fee may be charged to re-issue them, in the event of loss or damage. These fees should not exceed the associated administrative costs and should not constitute a barrier to disabled people wishing to obtain or renew these cards.
The European Disability Card is envisaged as proof of disability status for access to certain services or preferential treatment, but would not be compulsory for access to rights defined by other legislation.
MEPs also point out that the Treaty on the Functioning of the European Union classifies stateless persons as third-country nationals for the purposes of this directive. Legally resident asylum seekers who are recognised as disabled are also included.
The European Commission is due to provide a report analysing cases of intersectional discrimination with a particular focus on women and girls with disabilities.
Member States are required to provide accessible information on how to issue, renew or withdraw these cards. These must be issued or renewed free of charge and within the same timeframe as disability certificates.
Now that the mandate has also been unanimously adopted by the MEPs, the interinstitutional negotiations with the Member States can begin.
To see the compromise amendments, go to https://aeur.eu/f/ayi (Original version in French by Nithya Paquiry)