02024L2841 — EN — 14.11.2024 — 000.001
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DIRECTIVE (EU) 2024/2841 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2024 establishing the European Disability Card and the European Parking Card for persons with disabilities (OJ L 2841 14.11.2024, p. 1) |
Corrected by:
DIRECTIVE (EU) 2024/2841 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 October 2024
establishing the European Disability Card and the European Parking Card for persons with disabilities
(Text with EEA relevance)
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Directive lays down:
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;
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;
common templates for the European Disability Card and the European Parking Card for persons with disabilities.
Article 2
Scope
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:
services within the meaning of Article 57 TFEU;
passenger transport services;
other activities and facilities, including where not provided for remuneration.
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.
This Directive does not apply to:
benefits in the area of social security under Regulations (EC) No 883/2004 and (EC) No 987/2009;
special contributory or non-contributory cash benefits or benefits in kind in the area of social security, social protection or employment;
social assistance covered by Article 24(2) of Directive 2004/38/EC;
remunerated or non-remunerated services that are provided for the long-term inclusion, habilitation or rehabilitation of persons with disabilities;
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.
Article 3
Definitions
For the purpose of this Directive, the following definitions shall apply:
‘Union citizen’ means a person having the nationality of a Member State;
‘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;
‘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;
‘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;
‘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;
‘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;
‘short stay’ means a visit or stay in another Member State of up to three months;
‘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.
Article 4
Beneficiaries
This Directive shall apply to:
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;
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.
Article 5
Equal access of persons with disabilities to special conditions or preferential treatment
Article 6
Equal access of persons with disabilities to parking conditions and facilities
CHAPTER II
EUROPEAN DISABILITY CARD AND EUROPEAN PARKING CARD FOR PERSONS WITH DISABILITIES
Article 7
Format, mutual recognition, issue and validity of the European Disability Card
By 5 December 2025, the Commission shall adopt delegated acts in accordance with Article 14 to supplement this Directive by:
setting the QR code and, if appropriate, other state-of-the-art digital features that use electronic means for the physical version of the European Disability Card, to prevent and combat fraud; and
establishing digital features that ensure the security of the physical version of the European Disability Card, including the appropriate security measures for personal data in accordance with Regulation (EU) 2016/679, as well as interoperability matters, such as common Union applications for reading data contained in digital features in the physical version of the card that use electronic means to prevent and combat fraud.
Article 8
Format, mutual recognition, issue and validity of the European Parking Card for persons with disabilities
By 5 December 2025, the Commission shall adopt delegated acts in accordance with Article 14 to supplement this Directive by:
setting the QR code and, if appropriate, other state-of-the-art digital features that use electronic means for the physical version of the European Parking Card for persons with disabilities, to prevent and combat fraud; and
establishing common technical specifications that ensure the security of the physical version of the European Parking Card for persons with disabilities, including the appropriate security measures for personal data in accordance with Regulation (EU) 2016/679, as well as interoperability matters, such as common Union applications for reading data contained in digital features in the physical version of the card that use electronic means to prevent and combat fraud.
CHAPTER III
COMMON PROVISIONS
Article 9
Digital versions and common technical specifications
Article 10
Surveillance and compliance
Article 11
Accessibility of information and awareness raising
Article 12
Competent authorities or bodies, and contact points
Article 13
Representative organisations of persons with disabilities
Member States shall ensure the active consultation and involvement of representative organisations of persons with disabilities in the development, implementation and evaluation of the European Disability Card and the European Parking Card for persons with disabilities.
CHAPTER IV
DELEGATED AND IMPLEMENTING POWERS
Article 14
Exercise of the delegation
Article 15
Committee procedure
CHAPTER V
FINAL PROVISIONS
Article 16
Enforcement and remedies
The means referred to in paragraph 1 shall include:
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;
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;
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:
public bodies;
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.
Article 17
Non-compliance and penalties
Article 18
Access to information
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.
Article 19
Union webpage
Article 20
Reporting and assessment
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 ( 2 ), 2000/43/EC ( 3 ), 2000/78/EC ( 4 ) or 2004/113/EC ( 5 ), with a particular focus on women and girls with disabilities.
Article 21
Transposition
They shall apply those measures from 5 June 2028.
Article 22
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.
Article 23
Addressees
This Directive is addressed to the Member States.
ANNEX I
FORMAT FOR THE EUROPEAN DISABILITY CARD
FRONT SIDE text: ‘European Disability Card’ in English and in one or more official languages of the issuing Member State.
REVERSE SIDE: Information to be decided by the issuing Member State in one or more official languages of that Member State.
1. The size of the card shall be in accordance with the ID-1 format laid down by ISO/IEC 7810.
2. The card shall have:
3. The colour of the card shall be dark blue and light blue, in accordance with the picture in this Annex and shall use the following references:
4. The card shall indicate its dates of issuance and expiry.
5. The card shall contain a country code surrounded by the circle of 12 stars symbolising the Union.
6. The font used shall be Arial Regular or, where not possible, another sans-serif font. There shall be sufficient contrast between the foreground and background colours.
7. The words ‘European Disability Card’ in English and one or more official languages of the issuing Member State shall be displayed using Arial Regular font, and in braille using the Marburg code dimensions.
8. The optional letter ‘A’ (in type and in braille) may be added where the card entitles the person with disabilities to be accompanied by one or more personal assistants or other accompanying or assisting persons recognised pursuant to national law or practice, or by assistance animals. The letter ‘A’ may also be added for persons with disabilities with an increased need for support, in accordance with national law or practice.
9. A QR-Code, and other possible digital features that use electronic means to prevent fraud, shall be added following the adoption of the delegated acts referred to in Article 7(7), point (a).The digital features in the physical version of the card may contain more personal data than those provided for in the physical version as set out in this Annex. However, access to such data shall be limited to public authorities of the issuing Member States and only to authorised users. The processing of such personal data shall comply with Regulation (EU) 2016/679.
10. Entries shall be shown in English and in one or more official languages of the issuing Member State. If a Member State wishes to show entries in a language other than Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish or Swedish, it shall do so without prejudice to the other provisions of this Annex. Where a Member State makes entries in Bulgarian or Greek, it shall draw up a version of the card using Latin characters.
ANNEX II
FORMAT FOR THE EUROPEAN PARKING CARD FOR PERSONS WITH DISABILITIES
FRONT SIDE
REVERSE SIDE
1. The size of the card shall be:
2. The colour of the card shall be dark blue and yellow, in accordance with the pictures in this Annex and shall use the following references:
3. The card shall be divided vertically into two parts on both the front and reverse side.
The left-hand part of the front side shall contain:
The right-hand part of the front side shall contain:
The digital features in physical version of the card may contain more personal data than the data provided for in the physical version as set out in this Annex. However, access to such data shall be limited to public authorities of the issuing Member States and only to authorised users. The processing of such personal data shall comply with Regulation (EU) 2016/679.
The left-hand part of the reverse side shall contain:
The right-hand part of the reverse side shall contain in English and in one or more official languages of the issuing Member State:
4. Entries shall be shown in English and in one or more official languages of the issuing Member State. If a Member State wishes to show the entries in a language other than Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish or Swedish, it shall do so without prejudice to the other provisions of this Annex. Where a Member State makes entries in Bulgarian or Greek, it shall draw up a version of the card using Latin characters.
( ) OJ L 123, 12.5.2016, p. 1.
( ) Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ L 6, 10.1.1979, p. 24).
( ) Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22).
( ) Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).
( ) Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 37).