Considerations on COM(2023)698 - Extension of Directive [XXXX] to third country nationals legally residing in a Member State

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dossier COM(2023)698 - Extension of Directive [XXXX] to third country nationals legally residing in a Member State.
document COM(2023)698 EN
date October 31, 2023
 
(1) In order to facilitate the exercise of rights by persons with disabilities when travelling to or visiting another Member State for a short period, Directive …./… [proposal for a Directive]7 established the framework, rules and common conditions, including a common standardised model, for a European Disability Card as proof of recognised disability status for accessing special conditions or preferential treatment offered by private operators or public authorities in a wide variety of services, activities and facilities, including when not provided for remuneration, 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 disabilities8.

(2) To help Member States respect and fulfil their national equal treatment and non-discrimination obligations vis-à-vis persons with disabilities who are third-country nationals legally residing in their territory and not falling within the scope of the Directive [XXXX], and guarantee the recognition of their disability status across Member States, thus facilitating the exercise of their rights to move or travel to other Member States in accordance with Union law and ensuring a more effective participation and inclusion in society of persons with disabilities who are third-country nationals on an equal basis with Union citizens, it is necessary to extend the rules, rights and obligations laid down in Directive../…. to 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.

(3) Therefore, Member States shall take the necessary measures to ensure that the rules governing the eligibility, issuance, renewal or withdrawal, mutual recognition and data protection of the European Disability Card and the European Parking Card for persons with disabilities as proof respectively of a disability status or of a right to parking conditions and facilities reserved for persons with disabilities, as well as the rights for beneficiaries, including access on equal terms and conditions to any special conditions or preferential treatment with respect to services, activities or facilities, including when provided not for remuneration, or parking conditions and facilities offered to or reserved for persons with disabilities or person(s) accompanying or assisting them including their personal assistant(s), set out in Directive ../…., equally apply to third country nationals legally residing in the Union and who are entitled to move or travel to other Member States in accordance with Union law.

(4) In accordance with Chapter 4 of the Convention implementing the Schengen Agreement9, third-country nationals legally residing in a Member State may move or travel freely within the territories of other Member States under the conditions set out in that Convention. Thus, under the Schengen acquis, third-country nationals legally residing in the territories of Member States may move or travel freely within the territories of all other Member States during a period of 90 days in any 180-day period in accordance with the conditions set out in Article 21 of that Convention.

(5) This Directive should not affect the applicable Union rules governing mobility across the Union of third country nationals legally residing in a Member State, and who are entitled to move or travel to other Member States in accordance with Union law, but should rather facilitates the exercise of their right to move or travel when they already have such a right to mobility.

(6) In accordance with Articles 1 and 2 and Article 4 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union (TEU) and to the Treaty on Functioning of the European Union (TFEU), and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Directive and is not bound by it or subject to its application.

[or]

In accordance with Articles 1 and 2 and Article 4 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union (TEU) and to the Treaty on Functioning of the European Union (TFEU), and without prejudice to Article 4 of that Protocol, Ireland has notified [, by letter of …] its wish to take part in the adoption and application of this Directive.

(7) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application.

(8) Since the objective of this Directive, namely to facilitate the possibilities to move, or travel to other Member States, for persons with disabilities (or those accompanying or assisting them), 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, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action establishing a framework with rules and common 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 of the Treaty on European Union. 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 that objective.