BAKGRUNN (fra kommisjonsdirektivet)

(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), the Charter of Fundamental Rights of the European Union (the ‘Charter’) and the United Nations Convention on the Rights of Persons with Disabilities (4) (UNCRPD).

(2) In Article 26 of the Charter, the Union recognises and respects the right 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.

(3) Every Union citizen has the fundamental right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the TEU and the TFEU and by the measures adopted to give effect to them. Article 18 of the UNCRPD also recognises the rights of persons with disabilities, inter alia, to liberty of movement and to the freedom to choose their residence on an equal basis with others.

(4) According to the Court of Justice of the European Union, Union citizenship 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.

(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 to the extent of their competences. Although the Union and all the Member States have signed and ratified the UNCRPD, there is a need to make progress on equality for persons with disabilities both at Union level and in all Member States.

(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 thus to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities without discrimination of any kind, 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. The UNCRPD states that women and girls with disabilities are subject to multiple forms of discrimination, and provides for States Parties to take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms. It 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.

(7) The European Pillar of Social Rights (5), jointly proclaimed by the European Parliament, the Council and the Commission at Gothenburg on 17 November 2017 (the ‘Pillar’), provides, in principle No 3, that everyone, regardless, inter alia, 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 the equal opportunities of under-represented groups are to be fostered. In addition, the Pillar recognises, in principle No 17, 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.

(8) The Strategy for the Rights of Persons with Disabilities 2021-2030, adopted by the Commission communication of 3 March 2021, is intended to tackle the diverse challenges that persons with disabilities face and to progress in all areas of the UNCRPD, both at Union and national level.

(9) Directive (EU) 2019/882 of the European Parliament and the Council (6) aims to improve access to certain products and services by eliminating and preventing barriers arising from divergent accessibility requirements in the Member States, thus contributing to increasing the availability of accessible products and services in the internal market, including access to websites and mobile-device based service of certain public services, and to improve the accessibility of relevant information. In addition, Directive (EU) 2016/2102 of the European Parliament and the Council (7) aims to improve the accessibility of the websites and mobile applications of public sector bodies.

(10) In addition, Union law also guarantees the right to non-discrimination in access to transport and other rights. Examples of such rights include the right of passengers with disabilities and reduced mobility to receive assistance, free of charge, while travelling by air, rail, waterborne means of transport, or bus and coach, established respectively by Regulations (EC) No 1107/2006 (8), (EU) 2021/782 (9), (EU) No 1177/2010 (10) and (EU) No 181/2011 (11) of the European Parliament and of the Council. Union law, in particular Directive 1999/62/EC of the European Parliament and of the Council (12), also enables the Member States to provide for reduced tolls or user charges for roads, bridges or tunnels subject to road charging, as well as exemptions from the obligation to pay such tolls or user charges for any vehicle used or owned by persons with disabilities.

(11) Persons with disabilities may apply to competent authorities or bodies in the Member State in which they reside for the recognition of disability status as this is a matter within the competence of the Member States. Disability assessment procedures differ from Member State to Member State. Where the competent authorities or bodies recognise the disability status of an applicant, they can issue a disability certificate, disability card or other formal document recognising the applicant’s disability status. In Member States that do not have a definition of disability status, entitlements to specific services based on a disability can be used when services or benefits are granted to persons with disabilities.

(12) The UNCRPD recognises that discrimination and social exclusion experienced by persons with disabilities result from the environmental, systemic and attitudinal barriers in society, rather than from the impairment itself. 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. This is particularly the case for short stays or visits to another Member State within the meaning of Article 6 of Directive 2004/38/EC of the European Parliament and of the Council (13), which provides that Union citizens and their family members have the right to reside in another Member State for a period of up to three months without being subject to any conditions or any formalities other than the requirement to hold a valid identity card or passport. For periods longer than three months, Article 7 of that Directive requires additional conditions to be met and, in that case, Article 8 of that Directive provides that the host Member State is able to require Union citizens to register with the relevant authorities.

(13) Persons with disabilities moving for longer periods to other Member States for employment, study or other purposes, except where otherwise provided by law or agreed among Member States, can have their disability assessed and formally recognised by the competent authorities or bodies in the other Member State and can receive a disability certificate, disability card, or other formal document recognising their disability status or a decision on the entitlement to specific services based on a disability in accordance with applicable rules of that Member State.

(14) To promote the free movement of persons with disabilities participating in a Union mobility programme, continued equal access to special conditions or preferential treatment or to parking conditions and facilities should be ensured through the use of the European Disability Card and the European Parking Card for persons with disabilities for the duration of that programme. Union mobility programmes encompass programmes established by the Union to support mobility of persons for a fixed period to another Member State for educational, training, professional, civic or cultural purposes, such as the European Solidarity Corps Programme or Erasmus+, established, respectively, by Regulations (EU) 2021/888 (14) and (EU) 2021/817 (15) of the European Parliament and of the Council.

(15) However, persons with a recognised disability status or an entitlement to specific services based on a disability, when 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 where their disability status or entitlement to specific services based on a disability is not recognised in the Member State to which they travel or which they visit and where they do not hold a disability certificate, disability card or other formal document recognising their disability status or entitlement to specific services based on a disability in the host Member State, in order to benefit from special conditions or preferential treatment offered there. Persons with non-visible disabilities, in particular, often face specific difficulties when asked to prove their disability while travelling to or visiting another Member State.

(16) Persons with disabilities travelling to or visiting another Member State are put at a significant disadvantage when exercising their free movement rights as compared to persons without disabilities as well as persons with disabilities holding a disability certificate, disability card or other formal document recognising their disability status or entitlement to specific services based on a disability in the Member State to which they travel or which they visit.

(17) Furthermore, not knowing whether or to what extent their disability status or entitlement to specific services based on a disability and formal documents recognising that status or entitlement will be recognised when travelling to or visiting another Member State creates significant uncertainty for persons with disabilities. The limited availability of online information regarding their specific rights and available advantages exacerbates that problem. Ultimately, persons with disabilities can be deterred from exercising their rights of free movement and full and effective participation and inclusion in society.

(18) Union citizens have expressed concern about the lack of mutual recognition of disability across the Union in a number of petitions delivered to the European Parliament and have requested the introduction of a Union-wide disability card.

(19) Alongside various visible and invisible physical, social and other barriers to accessing public and private spaces and services and the lack of reasonable accommodation, high cost is a key factor that discourages many persons with disabilities from travel. Persons with disabilities have specific needs that result in additional expenses related to their disability and that can require making use of persons accompanying or assisting them including those recognised as personal assistants in accordance with national law or practice, or of sign language interpreters or assistance animals, making their travel costs higher than that of persons without disabilities. The lack of recognition of disability status or entitlement to specific services based on a disability in other Member States might limit their access to special conditions or preferential treatment or to parking conditions and facilities reserved for persons with disabilities, such as free access or reduced tariffs, priority seating on public transport or reserved parking spaces, and has an impact on their travel costs, lives, social and economic integration and personal autonomy. Furthermore, the widespread lack of knowledge of psychosocial, cognitive, physical or sensorial accessibility policies can result in discriminatory behaviour towards persons with disabilities.

(20) Preferential treatment, such as personal assistance, priority access or the possibility to bypass queues, whether or not offered for remuneration, is often important for the purpose of enabling persons with disabilities to access various services, activities and facilities and to fully benefit from them. However, due to the lack of mutual recognition, in the Member State to which they travel or which they visit, of their disability status or entitlement to specific services based on a disability and of formal documents recognising this issued in other Member States, persons with disabilities might not be able to benefit from the special conditions or preferential treatment offered by public authorities or private operators in that Member State to holders of a disability certificate, a disability card or other formal documents recognising their disability status or entitlement to specific services based on a disability issued in that Member State.

(21) 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 the mutual recognition of disability status or entitlement to specific services based on a disability between Member States provided advantages for persons with disabilities in accessing special conditions or preferential treatment as regards services in the areas of culture, leisure, sport and, in some cases, transport, and in supporting their cross-border movement in the Union for a short period, and showed that the EU Disability Card’s objectives continue to be relevant to the current needs of persons with disabilities. In addition, that Pilot Project included other examples of services, activities and facilities which offer special conditions or preferential treatment to persons with disabilities.

(22) On the basis of their disability status or entitlement to specific services based on a disability, persons with disabilities can apply to competent authorities or bodies in the Member State in which they reside for the issuance of a parking card for persons with disabilities which recognises the right to certain parking conditions and facilities reserved for persons with disabilities. Each Member State has in place an application procedure, at local, regional or national level, to obtain a parking card for persons with disabilities, or persons accompanying or assisting them including personal assistants, and criteria which are to be fulfilled in order to be eligible.

(23) Council Recommendation 98/376/EC (16) provides a European model of a parking card for persons with disabilities, which facilitates the recognition of such parking cards across Member States. However, given its non-binding nature, the implementation of that Recommendation and the inclusion of specific national additions or deviations from the recommended model have led to a variety of different parking cards for persons with disabilities. Such a variety hinders the cross-border recognition of those parking cards across Member States, hampering the access of persons with disabilities to specific parking conditions provided and facilities reserved for holders of a parking card for persons with disabilities in other Member States. Moreover, that Recommendation has not been updated to reflect ongoing technological and digitalisation developments. Member States have also experienced problems with fraud and forgery with regard to parking cards for persons with disabilities as the format is usually quite simple and easily forged and, in practice, different in each Member State, which makes it difficult to verify. In light of this Directive, which provides for legally binding rules that are more detailed in this field, Recommendation 98/376/EC no longer achieves its objectives. Member States should, however, be able to allow parking cards for persons with disabilities issued before the date of application of the measures transposing this Directive in accordance with that Recommendation to have the same effect as the European Parking Card for persons with disabilities in their territory.

(24) In order to facilitate access by persons with disabilities to special conditions or preferential treatment related to services including passenger transport services, activities and facilities also where not provided for remuneration in Member States other than that where they reside, remaining barriers and difficulties in travelling to or visiting another Member State due to the lack of mutual recognition of their disability status or entitlement to specific services based on a disability and of formal documents recognising that status or entitlement issued in other Member States and parking rights should be removed.

(25) Therefore, with a view to facilitating the exercise by persons with disabilities of the rights to access special conditions or preferential treatment offered by public authorities or private operators when travelling to or visiting another Member State for a short stay without discrimination on grounds of nationality on the same basis as persons with disabilities in that Member State, and with a view to 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 of common rules and conditions, including a common standardised model, for a European Disability Card, as proof of recognised disability status or of an entitlement to specific services based on a disability, 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. Moreover, Member States should be able to decide to apply this Directive to persons with a recognised disability status or an entitlement to specific services based on a disability for periods longer than a short stay.

(26) The mutual recognition of the European Disability Card and the European Parking Card for persons with disabilities should facilitate and guarantee persons with a recognised disability status or an entitlement to specific services based on a disability in a Member State access to special conditions or preferential treatment offered by public authorities or private operators in a variety of services, activities and facilities, including where 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 disability certificates, disability cards or other formal documents recognising disability status, where such formal documents exist, and parking cards for persons with disabilities issued by the competent authorities or bodies in the host Member State.

(27) Beside parking conditions and facilities, the services, activities and facilities covered by this Directive concern a wide variety of ever-changing activities, including activities not offered for remuneration, by public authorities or private operators, either on a mandatory basis on the basis of national or local rules or legal obligations, or 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, and training.

(28) Examples of special conditions or preferential treatment include free access, reduced tariffs, reduced tolls or user charges for roads, bridges or tunnels subject to road charging, priority access, access to restricted traffic and pedestrian zones, priority seating on public transport, designated and accessible seats on 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 or sign language interpretation, provisions of aids or assistance, loan of a wheelchair, loan of a floating wheelchair, obtaining tourist information in accessible formats, and using a mobility scooter on roads or a wheelchair in bike lanes without a fine. Examples of parking conditions and facilities include free or extended parking or reserved parking spaces, as well as access to areas where traffic is restricted to specific vehicles in accordance with national law, such as low-emission zones. With respect to passenger transport services by air, rail, waterborne means of transport, or bus and coach, in addition to the special conditions or preferential treatment offered to persons with disabilities, assistance animals such as guide dogs or assistance dogs for persons with disabilities including persons with visual impairments, personal assistants, sign language interpreters or other persons accompanying or assisting persons with disabilities or reduced mobility travel free of charge or at a reduced price and are seated, where practicable, next to the person with disabilities whom they are accompanying or assisting. Persons accompanying or assisting persons with disabilities are designated by the persons with disabilities themselves or by their legal guardians and can change on an ad hoc basis depending on the requirements of the persons with disabilities.

(29) Personal assistants accompany or assist persons with disabilities or carry out activities of day-to-day life, if need be in the framework of a contractual relationship, in accordance with national law or practice, with the objective of encouraging personal autonomy, facilitating community life and promoting independent living of persons with disabilities. Personal assistants, regardless of their nationality, should be able to accompany or assist persons with disabilities using the European Disability Card or the European Parking Card for persons with disabilities while travelling to or visiting a Member State other than that of which they are a resident, provided that they enjoy a right to move across the Union under applicable Union and national law.

(30) In accordance with relevant Union law, where applicable, Member States should ensure that the operators of cross-border passenger transport services provide, pursuant to Regulations (EU) No 181/2011 and (EU) No 1177/2010, or make available upon request, pursuant to Regulation (EU) 2021/782, clear information to travellers holding a European Disability Card at the time of their purchase of a travel ticket with regard to the special conditions or preferential treatment that apply for the different parts of the operations throughout the journey, in order to avoid travellers holding the European Disability Card finding themselves without a valid travel document when entering another Member State on the same transport service.

(31) 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 or entitlement to specific services based on a disability and parking rights for persons with disabilities. Where Member States issue the European Disability Card directly, they should seek the consent of the person concerned. The issuance and renewal of the European Disability Card should be free of charge, while the reissuance of that card, in the event of loss or damage, may be subject to a fee. The issuance and renewal of the European Parking Card for persons with disabilities may be either free of charge or subject to a fee. The possible fees charged for the reissuance of the European Disability Card in the event of loss or damage or for the issuance and renewal of the European Parking Card for persons with disabilities should neither exceed the administrative costs concerned nor be set at a level so as to prevent or discourage persons with disabilities from acquiring or reacquiring those cards.

(32) In addition to the physical version of the European Disability Card, Member States should provide for a digital version of the card and should be able to provide for a digital version of the European Parking Card for persons with disabilities, after technical specifications have been set by means of implementing acts. Such specifications should build on the experience of past and ongoing work at Union level on digitalisation of certificates and documents, such as the EU Digital COVID Certificate set up under Regulation (EU) 2021/953 of the European Parliament and of the Council (17), and should enable the use of the European Disability Card and the European Parking Card for persons with disabilities by means of a digital identity wallet at Union level. Persons with disabilities should be informed about those possibilities and be free to decide to use either the physical or the digital version of the European Disability Card or both. In Member States where the physical version of the European Parking Card for persons with disabilities is complemented by a digital version, persons with disabilities should be able to request the physical version of the card and, if they so wish, both the digital and the physical version of the card.

(33) The issuance of the European Disability Card and the European Parking Card for persons with disabilities entails the processing of personal data, including, in particular, the data concerning the card holder’s disability status, which constitutes data concerning health as referred to in Article 4, point (15), of Regulation (EU) 2016/679 of the European Parliament and of the Council (18) and is a special category of personal data within the meaning of Article 9 of that Regulation. Any personal data processing in the context of this Directive is to comply with applicable data protection law, in particular Regulation (EU) 2016/679. When transposing this Directive, the Member States are to ensure that the national legislation includes appropriate safeguards applicable to the processing of personal data, in particular special categories of personal data. The Member States should also ensure the security, integrity, authenticity and confidentiality of the personal data collected and stored for the purpose of this Directive.

(34) The Member State responsible for issuing the European Disability Card or the European Parking Card for persons with disabilities should be that where the person habitually resides in accordance with Union law and receives the assessment of a disability status or an entitlement to specific services based on a disability. Holders of a European Disability Card or a European Parking Card for persons with disabilities should be able to use such a card during their stay in any other Member State.

(35) The European Disability Card and the European Parking Card for persons with disabilities are intended to facilitate all persons with disabilities to effectively exercise their rights to free movement fully and also enjoy equal access to special conditions or preferential treatment or to parking conditions and facilities with respect to services, activities and facilities offered by Member States, including where not offered for remuneration. This is particularly the case for persons with disabilities who travel to or visit another Member State for work or training-related purposes.

(36) The envisaged framework for mutual recognition of the European Disability Card and the European Parking Card for persons with disabilities does not affect the competences of a Member State to assess and recognise the disability status or entitlement to specific services based on a disability or to offer special conditions or preferential treatment such as free access to or reduced tariffs for certain services for persons with disabilities, including those making use of assistance animals, or persons accompanying or assisting persons with disabilities including personal assistants. It neither imposes an obligation on public authorities or private operators to introduce special conditions or preferential treatment for persons with disabilities, nor creates a centralised Union list of special conditions or preferential treatment for European Disability Card holders across Member States. Public authorities and private operators can offer certain special conditions or preferential treatment only to a specific group of persons with disabilities, depending on the needs of that specific group.

(37) A European Disability Card can be required as proof of disability status in order to access on equal terms and conditions any special conditions or preferential treatment with respect to services, activities or facilities, including where not offered for remuneration, offered to or reserved for persons with disabilities or persons accompanying or assisting them, including their personal assistants, under the scope of this Directive. However, a European Disability Card should not be required as proof of disability in order to access or exercise any rights provided for in other Union or national law, including those offering specific benefits, special conditions or preferential treatment not falling under the scope of this Directive. Where a disability certificate, disability card or other formal document for persons with disabilities is required in accordance with Union law, the European Disability Card should not be required as proof of disability unless a Member State decides to merge their national disability certificate, disability card or other formal document for persons with disabilities with the European Disability Card.

(38) This Directive does not apply to social security benefits under Regulations (EC) No 883/2004 (19) and (EC) No 987/2009 (20) of the European Parliament and of the Council, special contributory or non-contributory cash benefits or benefits in kind in the area of social security, social protection or employment, or social assistance covered by Article 24(2) of Directive 2004/38/EC. As the aim of this Directive is to facilitate equal access to special conditions or preferential treatment for persons with disabilities when travelling to or visiting another Member State for a short stay, this Directive also does not apply to remunerated or non-remunerated services that are provided for the long-term inclusion, habilitation or rehabilitation of persons with disabilities, or to 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 a decision on the entitlement to specific services based on a disability, which differ from the services provided to persons with disabilities that do not fulfil such additional criteria. However, the implementation of this Directive should not be used to exclude special conditions or preferential treatment already offered to persons with disabilities from the scope of this Directive by making them subject to the fulfilment of additional criteria.

(39) In order to raise awareness and facilitate access by persons with disabilities to special conditions or preferential treatment while travelling to or visiting another Member State, all relevant information with respect to the conditions, rules, practice and procedures applicable to obtain the European Disability Card 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, including sign language, braille, assistive formats and audio/audio features. Member States should aim to ensure that such information does not exceed the level of complexity of level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages.

(40) The Commission should set up a dedicated Union webpage. That Union webpage should contain a link to the national website of each Member State. The Union webpage should 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 that webpage should 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.

(41) Due to misunderstandings, communication barriers or a lack of awareness, 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, or during emergencies. In order to incentivise service providers and facilitate the access of persons with disabilities to special conditions or preferential treatment, Member States should raise awareness about the existence and use of the European Disability Card and the European Parking Card for persons with disabilities among public authorities and private operators and should encourage them to offer persons with disabilities special conditions or preferential treatment on a voluntary basis. In particular, Member States can encourage public authorities and private operators through, for example, the provision of information on possible special conditions or preferential treatment to be offered as well as 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 should seek to develop, implement and evaluate any such measures in consultation with persons with disabilities and their representative organisations.

(42) Public authorities that offer special conditions or preferential treatment or parking conditions and facilities to persons with disabilities should make such information publicly available in a clear, comprehensive, user-friendly manner and accessible formats, including through the public authorities’ 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 including sign language, braille, assistive formats and audio/audio features. Private operators that offer special conditions or preferential treatment or parking conditions and facilities to persons with disabilities should also be encouraged to make such information publicly available in a clear, comprehensive, user-friendly manner and accessible formats.

(43) Member States, with the support of the Commission, should take the necessary steps to prevent any risk of forgery or fraud in relation to the European Disability Card or the European Parking Card for persons with disabilities and should actively combat the fraudulent issuance, fraudulent use and forgery of those cards. Members States should 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 prevent the risk of forgery or fraud should respect the rights of persons with disabilities and should not lead to their stigmatisation. Member States should consult persons with disabilities and their representative organisations in the design and implementation of those measures.

(44) 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 features for the physical versions of the European Disability Card and the European Parking Card for persons with disabilities in order to prevent and combat fraud, and by modifying the data fields of the standardised format for those cards as set out in this Directive where such modifications are necessary in order to adapt the format to technical developments, to prevent forgery and fraud, to address abuse or misuse or to ensure interoperability.

(45) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission with regard to setting the accessible digital version of the European Disability Card, and the accessible digital version of the European Parking Card for persons with disabilities for Member States that decide to complement its physical version with a digital one, as well as with regard to establishing common technical specifications for the security and digital features, as well as interoperability matters, of the physical version of the cards. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (21).

(46) In accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (22), the Commission is to consult the European Data Protection Supervisor when preparing delegated acts or implementing acts that impact on the protection of individuals’ rights and freedoms with regard to the processing of personal data. The Commission can also consult the European Data Protection Board where such acts are of particular importance for the protection of rights and freedoms of individuals with regard to the processing of personal data.

(47) Member States should ensure that adequate and effective means exist to ensure compliance with and the enforcement of this Directive and should establish appropriate remedies, including checks on compliance and administrative or judicial procedures, to guarantee that persons with disabilities, persons accompanying or assisting them including personal assistants, as well as public bodies, such as equality bodies, private associations, organisations, in particular representative organisations of persons with disabilities, or other legal entities which have a legitimate interest in ensuring that this Directive is complied with, are able to take action on behalf or in support of a person with disabilities, with his or her approval, in accordance with national law and practice. Member States should ensure that those means take into account Article 13 of the UNCRPD and the principle of reasonable accommodation defined in Article 2 of the UNCRPD.

(48) Member States should take appropriate measures in the event of a failure to comply with the obligations laid down in this Directive and the rights which are within its scope. Appropriate measures should be effective, proportionate and dissuasive and could include administrative and financial sanctions, such as warnings, fines or the payment of adequate compensation, as well as other types of penalties.

(49) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter and the UNCRPD. In particular, 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.

(50) Since the objectives of this Directive, namely to strengthen the exercise of the free movement rights of persons with disabilities, and enhance the possibilities for persons with disabilities to travel to or visit another Member State, and thereby fight against discrimination against them, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action establishing a framework of common rules and conditions, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,