Toelichting bij COM(2023)698 - Uitbreiding van Richtlijn [XXXX] tot onderdanen van derde landen die legaal in een lidstaat verblijven - Hoofdinhoud
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| dossier | COM(2023)698 - Uitbreiding van Richtlijn [XXXX] tot onderdanen van derde landen die legaal in een lidstaat verblijven. |
|---|---|
| bron | COM(2023)698  |
| datum | 31-10-2023 |
•Reasons for and objectives of the proposal
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.
•Consistency with existing policy provisions in the policy area
Extending the scope of the proposal for a Directive establishing the European Disability Card and the European Parking Card for persons with disabilities to third country nationals who are legally residing in the territory of a Member State and who are entitled to move or travel to other Member States in accordance with Union law, and who have a disability or to persons who are accompanying or assisting them, will ensure that they are treated in the same way as EU citizens (and their family members). Thus, it will help simplify the burden for Member States while respecting their national equal treatment and non-discrimination obligations vis-à-vis third-country nationals with disabilities legally residing in their territory. At the same time, the mutual recognition of their disability status across Member States, will facilitate the exercise of their rights to move or travel within the EU in accordance with Union law and ensure a more effective and inclusive participation and inclusion in society of persons with disabilities who are third-country nationals on an equal basis with others.
Consequently, when travelling or moving to another Member State for a short period, they will have (1) the same rights, covered by the proposal for a Directive establishing the European Disability Card and the European Parking Card for persons with disabilities, with respect to the eligibility and issuance of the European Disability Card and the European Parking Card for persons with disabilities in the Member State in which they legally reside and are granted (2) equal access on equal terms and conditions to parking conditions and facilities, as well as (3) any special conditions or preferential treatment offered by private operators or public authorities with respect to services, activities and facilities, including where not provided for remuneration.
In accordance with Article 21(1) of the Convention implementing the Schengen Agreement, third-country nationals legally residing in a Member State may move within the territories of the other Member States, under the conditions set out in that Convention.
•Consistency with other Union policies
This initiative aims to make it easier for persons with disabilities, who are third country nationals 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, when travelling or moving to another Member State for a short period (or those accompanying or assisting them), to be able to have access on equal terms and conditions to parking conditions and facilities for persons with disabilities and benefit from available special conditions and/or preferential treatment when accessing services, activities and facilities, including when provided not for remuneration, under equal conditions to residents with disabilities, and/or those accompanying or assisting them, thus facilitating the exercise of their rights to move or travel within the EU, in accordance with Union law.
Since the third-country nationals referred to, due to legal basis constraints, could not already be included/covered by the proposal for a Directive establishing the European Disability Card and the European Parking Card for persons with disabilities, the current initiative will also ensure that the same rights and benefits as EU citizens and their family members (whichever their nationality) as covered by that proposal can be granted to them on the same terms and conditions, to the extent that the third-country nationals are entitled to move or travel to other Member States in accordance with Union law, when travelling or moving to another Member State for a short period.
The proposal will also support the Action plan on Integration and Inclusion 2021-2027 3 , which recognises that migrants with disabilities can face multiple forms of discrimination in their daily lives at school, in the neighbourhood and at work and stresses the importance of looking at their specific needs.
Inhoudsopgave
•Legal basis
Article 79(2), point (b) TFEU provides for the necessary legal base to issue the European Disability Card and the European Parking Card for persons with disabilities to third country nationals 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.
According to Protocol 21 annexed to the Treaties, Ireland may notify the Council, within three months after a proposal or initiative has been presented, or at any time after its adoption, that they wish to take part in the adoption and application of any such proposed measure. According to Protocol 22 annexed to the Treaties, Denmark is not taking part in the adoption of measures based on this Article.
•Subsidiarity (for non-exclusive competence)
This proposal fully respects the principle of subsidiarity. It extends the scope of the already adopted proposal for a Directive establishing the European Disability Card and the European Parking Card for persons with disabilities to third country nationals, who are not already covered by it, but who are legally residing in the territory of a Member State and who are entitled to move or travel to other Member States in accordance with Union law. As with the proposal referred to, which is complemented by the present initiative, the problems identified have a cross-border dimension that cannot be solved by the Member States on their own, but can rather, by reason of the scale and effects of the action, be better achieved at EU level. Action at EU level is therefore necessary.
•Proportionality
Regarding the principle of proportionality, the form and content of the proposal does not exceed or go beyond what is necessary and proportionate to achieve its various, interlinked objectives.
•Choice of the instrument
In line with the identified legal basis, notably Article 79(2), point (b) TFEU, and the fact that it extends the scope of the already adopted proposal for a Directive establishing the European Disability Card and the European Parking Card for persons with disabilities, a Directive is regarded as the suitable, proportionate, and effective instrument to achieve the objective(s) of the current initiative.
•Stakeholder consultations
When preparing the proposal for a Directive establishing the European Disability Card and the European Parking Card for persons with disabilities, in line with the Better Regulation Guidelines, a broad range of international, EU and national stakeholders were consulted, namely (i) those with an interest in the matter (e.g., national public authorities, service providers, NGOs); (ii) potential beneficiaries of the European Disability Card or the European Parking Card for persons with disabilities (e.g., persons with disabilities, personal assistants); and (iii) experts (e.g., researchers, consultancies and advisors, international organisations).
The stakeholder consultation included: (a) a public consultation, (b) strategic and (c) targeted interviews, (d) targeted online surveys, (e) three online workshops, (f) six focus groups with service providers from selected Member States and (g) six case studies. Stakeholders could also send comments on the Commission’s (h) call for evidence.
To the extent possible, the current proposal takes into account the information and data gathered in that context 4 .
•Impact assessment
The Commission did not carry out an additional impact assessment for this proposal. This is because the Impact Assessment accompanying the proposal for a Directive establishing the European Disability Card and the European Parking Card for persons with disabilities assessed the situation of all persons with disabilities in the EU travelling for short periods to other Member States, including third-country nationals. Hence, the analysis and results of the impact assessment accompanying the proposal referred to apply and are relevant to this proposal too.
The environmental impact of the combined policy options at the basis of the proposal for a Directive establishing the European Disability Card and the European Parking Card for persons with disabilities itself was considered likely to be insignificant in magnitude, while it would entail limited positive digital impacts. The preferred policy options were also not expected to have any significant impact on competitiveness and SMEs and expected administrative costs for businesses would be marginal. These assessments apply to the current initiative too.
•Fundamental rights
The proposal is expected to have positive social impacts and strong positive impacts on ensuring fundamental rights within the EU (notably the integration of persons with disabilities and facilitating the possibilities of third country nationals with disabilities to travel or move to other Member States in accordance with Union law).
The proposal will not have any additional budgetary implications for the EU budget. As stated in the proposal for a Directive establishing the European Disability Card and the European Parking Card for persons with disabilities, the only operational costs relate to the organisation of committee and expert group meetings, as well as support for the checks of national transposition measures, i.e. operational appropriation of EUR 0.62 million under existing budget line, as well as administrative expenditure of around EUR 0.342 million per year. This expenditure will entail an internal redeployment of funds with no increase in the amount. The amounts referred to will not increase by the current proposal.
•Implementation plans and monitoring, evaluation and reporting arrangements
This proposal does not contain any provisions with respect to implementation plans and monitoring, evaluation and reporting arrangements.
However, if/when this proposal and the proposal for a Directive establishing the European Disability Card and the European Parking Card for persons with disabilities to persons with disabilities are approved, Member States will have to notify to the Commission, [within six months after its entry into force,] the body (or bodies) designated to issue, renew and withdraw the European Disability Card and the European Parking Card for persons with disabilities, as well as the conditions for issuing such cards or declaring the cards invalid.
Member States will also have to communicate to the Commission all the information necessary for the Commission to draw up its regular report to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the application of the Directive. Following the adoption of this proposal, such information should equally concern persons with disabilities who are third country nationals legally residing in the territory of a Member State and who are entitled to move or travel to other Member States in accordance with Union law.
•Explanatory documents (for directives)
The proposal does not require any explanatory documents for its transposition into national law.
•Detailed explanation of the specific provisions of the proposal
Article 1sets out the aim of the proposal.
Article 2 provides that the proposal does not change or grant new rights in terms of mobility to third-country nationals.
Article 3 contains the definition of ‘third-country national’ for the purpose of this proposal.
Articles 4 and 5 provide for the transposition and entry into force, while Article 6 relates to the addressees.