Annexes to COM(2023)698 - Extension of Directive [XXXX] to third country nationals legally residing in a Member State - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)698 - Extension of Directive [XXXX] to third country nationals legally residing in a Member State. |
|---|---|
| document | COM(2023)698  |
| date | October 31, 2023 |
1.5.2. Added value of Union involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this point 'added value of Union involvement' is the value resulting from Union intervention, which is additional to the value that would have been otherwise created by Member States alone.
EU action is needed and justified to facilitate the possibilities of third-country nationals with disabilities to travel or move to other Member States to access special conditions and/or preferential treatment for services, activities and facilities as well as parking conditions and facilities across all Member States on an equal basis with residents of the country they are visiting, and, by doing so, to improve the functioning of the single market for services,activities and facilities at EU level.
The problem identified has a cross-border dimension that cannot be solved by the Member States on their own. Since the introduction of the EU parking card in 1998, the Member States have included national specific additions or deviations from the EU model parking card, which has led to a variety of cards across Member States. In addition, Member States have experienced problmes with fraud and forgery of the cards. Moreover, the Council Recommendation has not been updated to reflect ongoing technological and digitalisation developments.
While the EU Disability Card pilot project worked among the 8 participating Member States, it lacked a broader EU-wide dimension, creating significant uncertainty and unequal treatment of persons with disabilities travelling and visiting different Member States. As the pilot project card and its model are voluntary, the same problems of divergence as with the parking card would likely develop over time.
The necessity of EU action is directly linked to the cross-border nature of travel and related challenges faced by persons with disabilities travelling in the EU, thus the need to ensure an adequate coordinated approach among Member States in facilitating access to preferential conditions offered by services on an equal basis to residents in their country. As such, should the EU not intervene, current differences in national disability cards would increase, thus the different treatment of persons with disabilities across the Member States and inherent uncertainty (including legal incertainty) would remain.
EU action adds value by introducing a mutually recognised instrument (the European Disability Card), facilitating the possibilities for persons with disabilities who are third-country nationals to visit or move to other Member States and their equal treatment when accessing services, activities and facilities compared to residents with disabilities across Member States. The evaluation study on the pilot EU Disability Card showed that in the eight Member States participating in the project, the EU action has enabled mutual recognition of disability status that would not have been achieved by Member States acting alone. In this light, the intervention of the European Commission contributed to the implementation of the European Disability Strategy 2010-2020.
1.5.3. Lessons learned from similar experiences in the past
The European Disability Card builds on two instruments already in place: the EU parking card and the EU Disability Card pilot. The EU parking card for people with disabilities was created by Council recommendation 98/376/EC and amended in 2008. It provides for a standardised model of EU parking card with a view of ensuring its mutual recognition across the Member States, hence facilitating the free movement of persons with disabilities by car. Despite its positive role, users are facing difficulties in the use of the EU parking card. From 2018 to 2022, around 260 enquiries about the EU parking card were submitted on the SOLVIT platform. Such complaints mainly regarded uncertainties as to the rights granted by the card to persons with disabilities when travelling to other Member States (around 30% of cases), mutual recognition of national parking cards, issued based on the EU model (around 25% of cases), as well as the justification for fines received even when showing the EU parking card (around 12% of cases).
The EU Disability Card pilot project, tested following the EU Citizenship Report 2013, was carried out in eight Member States (Belgium, Cyprus, Estonia, Finland, Italy, Malta, Romania and Slovenia) in 2016-2018 and remained in place after the end of the project. The pilot provides a common format for a card for voluntary mutual recognition among the participating Member States of the disability status, as established in accordance with national eligibility criteria or rules, for access to benefits and services in the areas of culture, leisure, sport and, in some countries, transport. In case of no action the recognition of their national disability cards and certificates will remain voluntary and limited when it comes to preferential conditions when accessing services, activities and facilities.
1.5.4. Compatibility with the Multiannual Financial Framework and possible synergies with other appropriate instruments
The proposal is compatible with the European Pillar of Social Rights, the Strategy for the Rights of Persons with Disabilities and the UN Convention on the Rights of Persons with Disabilities. It is compatible with the Multiannual Financial Framework 2021-2027.
1.5.5. Assessment of the different available financing options, including scope for redeployment
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.
1.6. Duration and financial impact of the proposal/initiative
limited duration
- in effect from [DD/MM]YYYY to [DD/MM]YYYY
- Financial impact from YYYY to YYYY for commitment appropriations and from YYYY to YYYY for payment appropriations.
X unlimited duration
- Implementation with a start-up period from YYYY to YYYY,
- followed by full-scale operation.
1.7. Method(s) of budget implementation planned11
Direct management by the Commission
- by its departments, including by its staff in the Union delegations;
- by the executive agencies
Shared management with the Member States
Indirect management by entrusting budget implementation tasks to:
- third countries or the bodies they have designated;
- international organisations and their agencies (to be specified);
- the EIB and the European Investment Fund;
- bodies referred to in Articles 70 and 71 of the Financial Regulation;
- public law bodies;
- bodies governed by private law with a public service mission to the extent that they are provided with adequate financial guarantees;
- bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that are provided with adequate financial guarantees;
- bodies or persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.
- If more than one management mode is indicated, please provide details in the ‘Comments’ section.
Comments
The proposal will not have any additional budgetary implications for the EU budget.
2. MANAGEMENT MEASURES
2.1. Monitoring and reporting rules
Specify frequency and conditions.
Within [three years after the date of application] of the Directive establishing the European Disability Card and the European Parking Card for persons with Disabilities, and every five years thereafter, the Commission will submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a report on its application. The current proposal does not envisage additional monitoring and reporting rules.
2.2. Management and control system(s)
2.2.1. Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed
N/A
2.2.2. Information concerning the risks identified and the internal control system(s) set up to mitigate them
The controls are part of DG EMPL internal control system. These new activities will be covered by the same approach to identify risks and mitigate them.
2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ value of the related funds managed"), and assessment of the expected levels of risk of error (at payment & at closure)
The controls are part of DG EMPL internal control system. These new activities will generate non-significant additional costs of control at DG level.
2.3. Measures to prevent fraud and irregularities
Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.
The Commission shall ensure that, when actions financed are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties. The Commission is authorised to carry out checks and verifications in situ under this Decision, in compliance Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities financial interests against fraud and other irregularities. If need be, investigations shall be carried out by the European Anti-Fraud Office and shall be governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF).
3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE
3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s) affected
- Existing budget lines
In order of multiannual financial framework headings and budget lines.
| Heading of multiannual financial framework | Budget line | Type of expenditure | Contribution | |||
| Number | Diff./Non-diff.12 | from EFTA countries13 | from candidate countries and potential candidates14 | fromother third countries | other assigned revenue | |
| [XX.YY.YY.YY] | Diff./Non-diff. | YES/NO | YES/NO | YES/NO | YES/NO |
- New budget lines requested
In order of multiannual financial framework headings and budget lines.
| Heading of multiannual financial framework | Budget line | Type of expenditure | Contribution | |||
| Number | Diff./Non-diff. | from EFTA countries | from candidate countries and potential candidates | from other third countries | other assigned revenue | |
| [XX.YY.YY.YY] | YES/NO | YES/NO | YES/NO | YES/NO |
3.2. Estimated financial impact of the proposal on appropriations
3.2.1. Summary of estimated impact on operational appropriations
- X The proposal/initiative does not require the use of additional operational appropriations (cf. COM(2023) 512 and related legislative finanicial statement)
- The proposal/initiative requires the use of operational appropriations, as explained below:
EUR million (to three decimal places)
| Heading of multiannual financial framework | Number |
| DG: <…….> | Year N15 | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | TOTAL | ||||
| Operational appropriations | ||||||||||
| Budget line16 | Commitments | (1a) | ||||||||
| Payments | (2a) | |||||||||
| Budget line | Commitments | (1b) | ||||||||
| Payments | (2b) | |||||||||
| Appropriations of an administrative nature financed from the envelope of specific programmes17 | ||||||||||
| Budget line | (3) | |||||||||
| TOTAL appropriations for DG <…….> | Commitments | =1a+1b +3 | ||||||||
| Payments | =2a+2b +3 |
| TOTAL operational appropriations | Commitments | (4) | ||||||||
| Payments | (5) | |||||||||
| TOTAL appropriations of an administrative nature financed from the envelope for specific programmes | (6) | |||||||||
| TOTAL appropriations under HEADING <….> of the multiannual financial framework | Commitments | =4+ 6 | ||||||||
| Payments | =5+ 6 |
If more than one operational heading is affected by the proposal / initiative, repeat the section above:
| TOTAL operational appropriations (all operational headings) | Commitments | (4) | ||||||||
| Payments | (5) | |||||||||
| TOTAL appropriations of an administrative nature financed from the envelope for specific programmes (all operational headings) | (6) | |||||||||
| TOTAL appropriations under HEADINGS 1 to 6 of the multiannual financial framework (Reference amount) | Commitments | =4+ 6 | ||||||||
| Payments | =5+ 6 |
| Heading of multiannual financial framework | 7 | ‘Administrative expenditure’ |
This section should be filled in using the 'budget data of an administrative nature' to be firstly introduced in the Annex to the Legislative Financial Statement (Annex 5 to the Commission decision on the internal rules for the implementation of the Commission section of the general budget of the European Union), which is uploaded to DECIDE for interservice consultation purposes.
EUR million (to three decimal places)
| Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | TOTAL | |||||
| DG: <…….> | ||||||||||
| Human resources | ||||||||||
| Other administrative expenditure | ||||||||||
| TOTAL DG <…….> | Appropriations |
| TOTAL appropriations under HEADING 7 of the multiannual financial framework | (Total commitments = Total payments) |
EUR million (to three decimal places)
| Year N18 | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | TOTAL | ||||
| TOTAL appropriations under HEADINGS 1 to 7 of the multiannual financial framework | Commitments | ||||||||
| Payments |
3.2.2. Estimated output funded with operational appropriations
Commitment appropriations in EUR million (to three decimal places)
| Indicate objectives and outputs | Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | TOTAL | ||||||||||||
| OUTPUTS | ||||||||||||||||||
| Type19 | Average cost | No | Cost | No | Cost | No | Cost | No | Cost | No | Cost | No | Cost | No | Cost | Total No | Total cost | |
| SPECIFIC OBJECTIVE No 120… | ||||||||||||||||||
| - Output | ||||||||||||||||||
| - Output | ||||||||||||||||||
| - Output | ||||||||||||||||||
| Subtotal for specific objective No 1 | ||||||||||||||||||
| SPECIFIC OBJECTIVE No 2 ... | ||||||||||||||||||
| - Output | ||||||||||||||||||
| Subtotal for specific objective No 2 | ||||||||||||||||||
| TOTALS |
3.2.3. Summary of estimated impact on administrative appropriations
- X The proposal/initiative does not require the use of appropriations of an administrative nature
- The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:
EUR million (to three decimal places)
| Year N 21 | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | TOTAL |
| HEADING 7 of the multiannual financial framework | ||||||||
| Human resources | ||||||||
| Other administrative expenditure | ||||||||
| Subtotal HEADING 7 of the multiannual financial framework |
| Outside HEADING 722 of the multiannual financial framework | ||||||||
| Human resources | ||||||||
| Other expenditure of an administrative nature | ||||||||
| Subtotal outside HEADING 7 of the multiannual financial framework |
| TOTAL |
The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.
3.2.3.1. Estimated requirements of human resources
- X The proposal/initiative does not require the use of human resources.
- The proposal/initiative requires the use of human resources, as explained below:
Estimate to be expressed in full time equivalent units
| Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | |||||
| Establishment plan posts (officials and temporary staff) | |||||||||
| 20 01 02 01 (Headquarters and Commission’s Representation Offices) | |||||||||
| 20 01 02 03 (Delegations) | |||||||||
| 01 01 01 01 (Indirect research) | |||||||||
| 01 01 01 11 (Direct research) | |||||||||
| Other budget lines (specify) | |||||||||
| External staff (in Full Time Equivalent unit: FTE)23 | |||||||||
| 20 02 01 (AC, END, INT from the ‘global envelope’) | |||||||||
| 20 02 03 (AC, AL, END, INT and JPD in the delegations) | |||||||||
| XX 01 xx yy zz 24 | - at Headquarters | ||||||||
| - in Delegations | |||||||||
| 01 01 01 02 (AC, END, INT - Indirect research) | |||||||||
| 01 01 01 12 (AC, END, INT - Direct research) | |||||||||
| Other budget lines (specify) | |||||||||
| TOTAL |
The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.
Description of tasks to be carried out:
| Officials and temporary staff | |
| External staff |
3.2.4. Compatibility with the current multiannual financial framework
The proposal/initiative:
- X can be fully financed through redeployment within the relevant heading of the Multiannual Financial Framework (MFF).
- requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation.
- requires a revision of the MFF.
3.2.5. Third-party contributions
The proposal/initiative:
- X does not provide for co-financing by third parties
- provides for the co-financing by third parties estimated below:
Appropriations in EUR million (to three decimal places)
| Year N25 | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | Total | |||
| Specify the co-financing body | ||||||||
| TOTAL appropriations co-financed |
3.3. Estimated impact on revenue
- X The proposal/initiative has no financial impact on revenue.
- The proposal/initiative has the following financial impact:
- on own resources
- on other revenue
- please indicate, if the revenue is assigned to expenditure lines ◻
EUR million (to three decimal places)
| Budget revenue line: | Appropriations available for the current financial year | Impact of the proposal/initiative26 | ||||||
| Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | ||||
| Article …………. |
For assigned revenue, specify the budget expenditure line(s) affected.
Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).
1COM(2023) 512 final
2See Explanatory Memorandum, p. 5.
3SWD(2020) 290 final.
4See for further information the Impact Assessment Report, SWD (2023) 289.
5OJ C , , p. .
6OJ C , , p. .
7COM(2023) 512 final
8COM(2023) 512 final
9Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22.9.2000, p. 19, ELI: http://data.europa.eu/eli/convention/2000/922/oj).
10As referred to in Article 58(2)(a) or (b) of the Financial Regulation.
11Details of budget implementation methods and references to the Financial Regulation may be found on the BUDGpedia site: https://myintracomm.ec.europa.eu/corp/budget/financial-rules/budget-implementation/Pages/implementation-methods.aspx
12Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
13EFTA: European Free Trade Association.
14Candidate countries and, where applicable, potential candidates from the Western Balkans.
15Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.
16According to the official budget nomenclature.
17Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
18Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.
19Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).
20As described in point 1.4.2. ‘Specific objective(s)…’
21Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.
22Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
23AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff; JPD= Junior Professionals in Delegations.
24Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).
25Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.
26As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20 % for collection costs.
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