Enforcement and remedies
1. Member States shall ensure that adequate and effective means exist to ensure compliance with and enforcement of this Directive.
2. The means referred to in paragraph 1 shall include:
(a)
provisions whereby, in accordance with national law and practice, persons with disabilities, or representatives designated by them and acting on their behalf and with their or their legal guardian’s approval, are able to appeal against a decision of the competent authorities or bodies regarding the issuance, renewal or withdrawal of a European Disability Card or a European Parking Card for persons with disabilities;
(b)
provisions whereby persons with disabilities may take action under national law before the courts or before the competent administrative bodies in the event of non-compliance with the obligations or rights provided for in this Directive and in national provisions implementing this Directive;
(c)
provisions whereby one or more of the following bodies, as determined by national law, may take action in accordance with national law and procedures before the courts or before the competent administrative bodies on behalf or in support of persons with disabilities protecting their rights, and with their approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive:
(i)
public bodies;
(ii)
private associations, organisations or other legal entities which have a legitimate interest in ensuring that this Directive is complied with, such as representative organisations of persons with disabilities.
Non-compliance and penalties
1. Member States shall lay down the rules on appropriate measures, such as penalties, in accordance with national law and practice, applicable to public authorities or bodies or private operators for non-compliance with the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that those rules are implemented.
2. The measures provided for shall be effective, proportionate and dissuasive and be accompanied by effective remedial action.
Access to information
1. Member States shall ensure that public authorities make the information on the special conditions or preferential treatment or on parking conditions and facilities that they offer to persons with disabilities pursuant to Articles 5 and 6 publicly available, including through their websites where available, or by other suitable means.
Each Member State shall establish a national website containing general information regarding the objective and the use of the European Disability Card and the European Parking Card for persons with disabilities, including, where appropriate, references to the competent authorities or bodies responsible for issuing, renewing and withdrawing those cards. That website shall also include general information available on special conditions or preferential treatment offered by public authorities for persons with disabilities and redirect users to visit specific websites of relevant public authorities for more specific information. That website may also contain such information from private operators at national level.
2. Member States shall also encourage private operators to make information on the special conditions or preferential treatment and on parking conditions and facilities they offer pursuant to Articles 5 and 6 publicly available in accessible formats.
3. The information referred to in paragraphs 1 and 2 of this Article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible way, through the public authorities’ or private operators’ 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.
4. In accordance with the relevant Union law, where applicable, operators of cross-border passenger transport services shall ensure that clear information is offered or available to passengers holding a European Disability Card on the special conditions or preferential treatment applicable in different parts of their journey.
Union webpage
1. By 5 December 2028, the Commission shall set up a dedicated Union webpage for the European Disability Card and European Parking Card for persons with disabilities. That Union webpage shall contain a link to the national websites referred to in the second subparagraph of Article 18(1).
2. The Union webpage shall 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 the Union webpage shall 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.
Reporting and assessment
1. By 5 June 2031, and every four years thereafter, the Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.
2. The report referred to in paragraph 1 shall address, inter alia, in the light of social, economic, technological and other relevant developments the use of the European Disability Card and European Parking Card for persons with disabilities, in particular the impact of any fees, the extent to which the implementation of this Directive has met its objectives and its interaction with other relevant Union legal acts with a view to assessing the need to review this Directive.
That report shall also include an analysis of specific situations of disadvantage resulting from intersectional discrimination, which is understood as discrimination based on a combination of disability and any other grounds protected under Council Directive 79/7/EEC ( 24 ) , 2000/43/EC ( 25 ) , 2000/78/EC ( 26 ) or 2004/113/EC ( 27 ) , with a particular focus on women and girls with disabilities.
3. By 5 June 2029, the Commission shall carry out an assessment on any remaining gaps relating to the free movement of persons with disabilities. The Commission shall take due account of the outcome of that assessment when deciding whether further action at Union level is required to address any such gaps.
4. Member States shall communicate to the Commission, at its request and in due time, the information necessary for the Commission to draw up the report referred to in paragraph 1.
5. The report referred to in paragraph 1 shall take into account the viewpoints of persons with disabilities, of relevant non-governmental organisations in particular organisations representing persons with disabilities, and of economic stakeholders.
Transposition
1. By 5 June 2027, Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those measures.
They shall apply those measures from 5 June 2028.
2. When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
Addressees
This Directive is addressed to the Member States.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
