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.
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.
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.
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.
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.
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.
