BAKGRUNN (fra kommisjonsforslaget)

The Commission adopted a proposal for a Directive establishing the European Disability Card and the European Parking Card for persons with disabilities on 6 September 2023 1 .

That proposal establishes the framework, rules and common conditions for those cards for persons with disabilities when travelling to or visiting another Member State for a short period. It includes 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.

The mutual recognition of those two aforementioned cards in all Member States should make it easier for persons with disabilities (or those accompanying or assisting them), when travelling to or visiting another Member State to benefit from the special conditions and/or preferential treatment offered by private operators or public authorities when accessing services, activities and facilities, including when provided not for remuneration, in a variety of policy areas, such as culture, leisure, tourism, sports, public and private transport, and education, as well as to have access to parking conditions and facilities reserved for persons with disabilities, under equal terms and conditions to residents with recognised disabilities, thus empowering persons with disabilities to exercise their free movement rights across the EU fully and effectively.

Taking into consideration the multiple, interlinked objectives of this initiative, the use of different legal bases, i.e. Articles 53(1) and 62, Article 91 and Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), was considered the most adequate and appropriate for the proposal referred to above.

However, such legal basis ensuring the widest possible coverage of services, activities and facilities, including when provided not for remuneration, in a variety of policy domains, only covers Union citizens and their family members (whichever their nationality) when exercising their right to free movement in accordance with Union rules.

Therefore, when adopting the proposal for a Directive establishing the European Disability Card and the European Parking Card for persons with disabilities, and in view of guaranteeing equal treatment of third country nationals with EU citizens, the Commission expressed its intention to put forward a separate legal act extending the scope of that proposal to third country nationals legally residing in the territory of a Member State who do not fall within the scope of that Directive, whose disability status has been recognised by that Member State, and who are entitled to move or travel to other Member States in accordance with Union law 2 .

This new proposal follows up on that intention and has the objective of ensuring that the same framework as laid down in the proposal for a Directive establishing the European Disability Card and the European Parking Card for persons with disabilities applies to those third country nationals with a disability, who are not already covered by it, when travelling or moving to another Member State for a short period. Thus, it will ensure that it applies to those third country nationals who are legally residing in the territory of a Member State, whose disability status has been recognised by that Member State, and who are entitled to move or travel to other Member States in accordance with Union law.