REPORT on the proposal for a Council decision on the European Year of People with disabilities 2003
(COM(2001) 271 – C5‑0306/2001 – 2001/0116(CNS))

29 October 2001 - *

Committee on Employment and Social Affairs
Rapporteur: Elizabeth Lynne

Procedure : 2001/0116(CNS)

Document stages in plenary

Document selected :

A5-0377/2001

Texts tabled :

A5-0377/2001

Debates :

Votes :

Texts adopted :

P5_TA(2001)0621

PROCEDURAL PAGE
LEGISLATIVE PROPOSAL
DRAFT LEGISLATIVE RESOLUTION
EXPLANATORY STATEMENT
OPINION OF THE COMMITTEE ON BUDGETS
OPINION OF THE COMMITTEE ON CITIZENS' FREEDOMS AND RIGHTS, JUSTICE AND HOME AFFAIRS

PROCEDURAL PAGE

By letter of 2 July 2001 the Council consulted Parliament, pursuant to Article 13 of the EC Treaty, on the proposal for a Council decision on the European Year of People with disabilities 2003 (COM(2001) 271 - 2001/0116 (CNS)).

At the sitting of 5 July 2001 the President of Parliament announced that she had referred this proposal to the Committee on Employment and Social Affairs as the committee responsible and the Committee on Budgets (and the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs) for their opinions (C5-0306/2001).

The Committee on Employment and Social Affairs had appointed Elizabeth Lynne rapporteur at its meeting of 12 September 2001.

The committee considered the Commission proposal and draft report at its meetings of 9 October and 23 October 2001.

At the last meeting it adopted the draft legislative resolution by unanimously.

The following were present for the vote: Michel Rocard, chairman; Winfried Menrad, vice-chairman; Elizabeth Lynne, rapporteur; Jan Andersson, Elspeth Attwooll (for Alejandro Cercas), Regina Bastos, Roberto Felice Bigliardo, Luigi Cocilovo, Proinsias De Rossa, Harald Ettl, Jillian Evans, Carlo Fatuzzo, Ilda Figueiredo, Fiorella Ghilardotti, Marie-Hélène Gillig, Stephen Hughes, Anne Elisabet Jensen (for Elisa Maria Damião), Ioannis Koukiadis, Jean Lambert, Mario Mantovani, Claude Moraes, Manuel Pérez Álvarez, Bartho Pronk, Herman Schmid, Miet Smet, Gabriele Stauner (for María Antonia Avilés Perea) and Ieke van den Burg.

The opinions of the Committee on Budgets and the Committee on Citizen's Freedoms and Rights, Justice and Home Affairs are attached.

The report was tabled on 29 October 2001.

The deadline for tabling amendments will be indicated in the draft agenda for the relevant part-session.

LEGISLATIVE PROPOSAL

Proposal for a Council decision on the European Year of People with disabilities 2003 (COM(2001) 271 – C5‑0306/2001 – 2001/0116(CNS))

The proposal is amended as follows:

Text proposed by the Commission[1]	Amendments by Parliament
Amendment 1 Recital (–1 a) (new)
	(-1a) Human dignity is inviolable. It must be respected and protected. Everyone is equal before the law. These principles are proclaimed by Articles 1 and 20 of the Charter of Fundamental Rights of the European Union.
Justification All measures linked to awareness-raising and promotion and all measures to overcome possible discrimination are ultimately based on defending the dignity of all human beings and fighting to achieve equality.
Amendment 2 Recital (– 1) b (new)
	*(- 1b)* *The year 2003 marks an important milestone for disabled people as the 10*^th anniversary of the United Nations Standard Rules on the Equalisation of Opportunities for disabled people. Whereas the introduction of the United Nations Standard Rules led to radical change towards the advocacy for the human rights and social model of disability.
Justification This is particularly important because at the moment the United Nations Standard Rules are not being fully implemented by the UN itself. Also, this recognises at the very beginning of the legislation the importance of the social model of EU disability policy as opposed to a medical approach.
Amendment 3 Recital (– 1 c) (new)
	*(- 1c)* The Commission adopted the Communication Towards a Barrier-free Europe for People with Disabilities in which it commits itself to developing and supporting a comprehensive and integrated strategy to tackle barriers that unnecessarily restrict access for disabled people to economic and social activities. Whereas the European Parliament passed this Resolution unanimously.
Justification This rectifies an omission by the Commission in making reference to one of the most important Communications of the EU institutions on disability policy. The communication amongst other issues, points out that disabled people represent a force within society which is still only partially harnessed and that fully integrating them would also be advantageous to the economy.
Amendment 4 Recital (– 1 d) (new)
	*(-1d)* The Resolution on Towards a barrier free Europe for People with Disabilities calls on the Commission to submit a proposal for a directive based on Article 13 of the Treaty and covering all the EU's fields of jurisdiction, the aim of which should be equal treatment for people with disabilities, whilst recognising their individuality and their right to be different; calls for this to be submitted in the course of the 2003 European Year at the latest;
Justification This makes reference to a specific part of Towards a barrier free Europe for people with disabilities. As part of the European Year the Commission should submit a proposal on a specific Disability Directive. This is the ideal time to do this and moreover the Parliament has already approved that it should be done within the course of 2003.
Amendment 5 Recital (– 1 e) (new)
	*(-1e)* The Resolution on Towards a barrier free Europe for People with Disabilities calls on the Commission to submit a proposal for a specific action programme for disabled people beginning in 2004 to ensure:
	- *the continuation of work done during the 2003 European Year of Disabled Citizens,*
	- *the promotion of coordination of disability policies amongst Member States,*
	- *the development of specific initiatives, in order to help disabled people play a full role within society.*
Justification In the Resolution on Towards a Barrier Free Europe for People with Disabilities, in addition to the specific disability Directive, the resolution also calls for a specific action programme on disability. This builds on the Article 13 anti-discrimination Action Programme already passed, and would be the first of several anti-discrimination specific action programmes.
Amendment 6 Recital (– 1 f) (new)
	*(- 1f)* written documentation produced by the European institutions should always be made available on demand in accessible formats including large print, Braille and tape, in particular in forms fully accessible to blind and partially-sighted people, and to people with learning difficulties.
Justification The European institutions have an obligation to the 7.4 million visually impaired people in the EU that official documents are fully accessible. This report is a legislative text and re-iterates what has been agreed in the Resolution Towards a Barrier Free Europe adopted by the Parliament.
Amendment 7 Recital 1
(1) The promotion of a high level of employment *and* social protection, *and raising the* standard of living and quality of life among Member States are aims of the Community.	(1) The promotion of *full European citizenship is achieved by ensuring* a high level of *education, training,* employment, social protection and equal opportunities for all; this presupposes anti-discrimination legislation which will allow integration while respecting diversity and which, through the promotion of a non-discriminatory approach to all forms of disability, will fully value all potential and facilitate the integration of those with disabilities into society, in part through policies to support their families with a view to achieving the best possible standard of living and quality of life among Member States, with regard to all areas of daily life and all situations, are aims of the Community. .
Justification Full citizenship can only be achieved by means of appropriate legislation guaranteeing full respoect of rights and integration combined with respect for the diversity of all individuals. Full citizenship also requires an adequate level of education, training and employment
Amendment 8 Recital 2
(2) The Community Charter of the Fundamental Social Rights of Workers recognises the need to take appropriate action for the social and economic integration of people with disabilities.	(2) The Community Charter of the Fundamental Social Rights of Workers recognises the need to take appropriate action for the social and economic integration of people with disabilities *and their participation in the life of the community*.
Justification The Charter provides not only for social and economic integration, but also participation in the life of the community, which also includes political and cultural aspects (we have taken the wording of Article 26 of the Charter).
Amendment 9 Recital 5
(5) The European Social Agenda adopted at the Nice European Council Meeting of 7, 8, 9 December 2000 states that the European Union will develop, in particular during the European Year of People with Disabilities (2003), all action intended to bring about the fuller integration of people with disabilities in all areas of life.	(5) The European Social Agenda adopted at the Nice European Council Meeting of 7, 8, 9 December 2000 states that the European Union will develop, in particular during the European Year of People with Disabilities (2003), all action intended to bring about the fuller integration of people with disabilities in all areas of life.
	*Mindful of the diversity of disability, the activities of the Year should encompass many forms of disability, including physical, mental, cognitive and psychological impairment.*
Justification The amendment seeks to show that there are many forms of disability.
Amendment 10 Recital 6a (new)
	*(6a)* The Resolution of the Council and the Ministers for Education meeting within the Council of 31 May 1990 concerning integration of children and young people with disabilities into ordinary systems of education and the Charter of Luxembourg for a School for All adopted in November 1996 at the conclusion of the Helios II programme (1993-1996) stress that ‘the Member States have agreed to intensify, where necessary, their efforts to integrate or encourage integration of pupils and students with disabilities, in all appropriate cases, into the ordinary education system’ and that equality of opportunity and the right of the disabled to participate in society presuppose the existence of a School for All, whatever the level of education and training, on a lifelong basis.
Justification The integration of handicapped children and young people into education systems has been one of the main areas of study and exchanges of best practice undertaken within the framework of the Helios I and II Community action programmes. This approach should be continued as part of the European Year of People with Disabilities. The Charter of Luxembourg was specifically referred to in the European Parliament resolution on the communication on a Europe without obstacles for the disabled.
Amendment 11 Recital 7
(7) The European Parliament, the Economic and Social Committee and the Committee of the Regions have all urged the Community to strengthen its contribution to efforts in Member States to promote equal opportunities for people with disabilities.	(7) The European Parliament, the Economic and Social Committee and the Committee of the Regions have all urged the Community to strengthen its contribution to efforts in Member States to promote equal opportunities for people with disabilities *and their integration into society*.
Justification People with disabilities must be given the same opportunities as anyone else, and steps must also be taken by promoting their integration to ensure that society accepts their presence.
Amendment 12 Recital 9
(9) Since exclusion from the labour-market of people with disabilities is inextricably linked to problems of attitude and a lack of information about disability, it is necessary to *increase* society's understanding of the rights, needs and potential of disabled persons, and a joint effort by all the different partners is required to develop and promote a flow of information.	(9) Since exclusion from the labour-market of people with disabilities is inextricably linked to *structural problems,* problems of attitude, prejudice and a lack of information about disability, it is necessary to *raise* society's *awareness* of the rights, needs and potential of disabled persons, and a joint effort by all the different partners is required to develop and promote a flow of information *and the exchange of good practice*.
	*This public awareness work concerning disabilities should not focus exclusively on a medical approach, and should concentrate more on social aspects linked to disabilities.*
Justification The effective integration of the disabled into social life and the recognition of their rights can be achieved only if society gains a better understanding of disability. Stressing the social problems experienced by the disabled (for example obstacles to access to work) will promote this understanding. Or. fr
Amendment 13 Recital 10
	(10) *The attitudes and prejudices of many citizens towards disabilities are a major obstacle to the full integration of the disabled into our societies.*
(10) Raising awareness relies primarily on effective action at Member State level. Action should be supplemented by concerted efforts at Community level and the European Year could act as a catalyst in raising awareness and in building momentum.	Raising awareness relies primarily on effective action at Member State level. Action should be supplemented by concerted efforts at Community level and the European Year could act as a catalyst in raising awareness and in building momentum.
Justification Raising public awareness must take place progressively, while bearing in mind that disabled persons are unfortunately subject to prejudices and negative attitudes in many quarters which must be addressed as a matter of priority. Any actions that are planned will have to take these factors into account.
Amendment 14 Recital 10a (new)
	*(10a)* *Collaboration, dialogue and prior consultations with persons with disabilities must always be at the heart of any strategy or policy concerning the disabled.*
Justification No one is in a better position to know what measures are useful and appropriate than handicapped persons who are directly and personally concerned.
Amendment 15 Recital 13 a (new)
	*(13a)* The common declaration of 20 July 2000 foresees that the budgetary authority gives an opinion on the compatibility of new proposals having budgetary impact with the financial framework and without reduction of the existing policies.
Justification According to the common declaration of 20 July 2000, the Budgetary Authority should evaluate the compatibility of the envelope with the Financial Perspective and without reduction of the other policies.
Amendment 16 Recital 13 b (new)
	*(???) Calls on the Commission to consider financial assistance for candidate countries.*
Justification Given that the Commission wants to give candidate countries the opportunity to participate, some financial help may be necessary.
Amendment 17 Recital 13 c(new)
	*(13c??) Calls on the Commission to carry out a comparative study on the functioning, funding and results of the various systems of teaching for pupils with special needs in the European Union.*
Justification Familiarity with the systems of education for pupils with special needs is an indispensable precondition for any policy aimed at integrating people with disabilities into society.
Amendment 18 Article 2 (a)
The objectives of the European Year of People with Disabilities shall be:	The objectives of the European Year of People with Disabilities shall be:
(a) to raise awareness of the rights of people with disabilities to protection against discrimination and to full and equal enjoyment of their rights as laid down, inter alia, in the provisions of the Charter of Fundamental Rights of the European Union;	(a) to raise awareness of the rights of *all* people with disabilities to protection against discrimination and to full and equal enjoyment of their *fundamental human* rights as laid down, inter alia, in the provisions of the Charter of Fundamental Rights of the European Union;
Justification People with specific severe disabilities often belong to the most invisible group of disabled people and suffer double discrimination in EU countries, it is therefore important that people with severe disabilities are not refused participation out of fear and taboo.
Amendment 19 Article 2 (b)
(b) to encourage reflection on and discussion of the measures needed to promote equal opportunities for people with disabilities in Europe;	(b) to encourage *in co-operation with NGOs concerned* reflection on and discussion of the measures needed to promote equal opportunities for people with disabilities in Europe *and to ensure that they effectively enjoy freedom of movement; and to eradicate discrimination of various kinds, in line with the provisions and approach of Article 13 of the Treaty;*
Justification To emphasise the opportunity the European Year provides to develop new Community level, as well as national and local initiatives, to combat discrimination towards disabled people using the non-discrimination clause Article 13 of the Treaty Establishing the European Community.
Amendment 20 Article 2 (d)
(d) to reinforce the co-operation between all parties concerned, namely government at all levels, the private sector, communities, voluntary sector groups, people with disabilities and their families;	(d) to reinforce the co-operation between all parties concerned, namely government at all levels, the private sector, communities, voluntary sector groups, *non-governmental organisations, charitable organisations, the educational sector and all types of organisations of disabled people, or acting on behalf of disabled people, the social partners,* people with disabilities and their families, society as a whole and supported by research where practicable;
Justification This amendment ensures there is a more comprehensive list of parties involved in the European Year. The original Commission document omits important groups which will play an essential role in the European Year.
Amendment 21 Article 2, point (e)
(e) to highlight the positive contribution that people with disabilities make to society as a whole, in particular by putting a value on diversity and by creating a positive and accommodating environment *in which diversity is celebrated*;	(e) to highlight the positive contribution that people with disabilities make to society as a whole, in particular by putting a value on diversity and by creating a positive and accommodating environment;
Justification It would be desirable to substitute the expression ‘celebrated’ with a word conveying the idea of integration, and thus normality. An assessment of such concepts will lead to an understanding of the prejudices which stand in the way of integration.
Amendment 22 Article 2, point (e a) (new)
	*(ea)* to promote a culture of solidarity within society, meaning an understanding that a person’s value is not expressed solely in terms of what he does or is able to do, but primarily in what he represents, namely a human being, an individual possessing rights.
Justification This amendment seeks to reduce the sheer injustice of all forms of negligence towards citizens who, despite being people with disabilities, possess the same rights as everybody else.
Amendment 23 Article 2, point f
(f) to *make* people *aware of* the heterogeneity of people with disabilities and of people with disabilities facing multiple discrimination.	(f) to *raise the awareness of* people of all ages with regard to greater integration of people with disabilities, to be achieved not only through more inclusiveness in education and employment, but in every area of daily life, by demonstrating the heterogeneity of people with disabilities and of people with disabilities facing multiple discrimination *and the difficulties they encounter in their daily lives*.
Justification People should be made to understand that physical, psychological and sensory diversity do not impair an individual’s dignity but instead constitute a form of value and originality that enriches society.
Amendment 24 Article 2 (f a) new
	*(fa)* to give particular attention to the interests of persons with severe and multiple disabilities and ensure greater efforts are made to combat human rights abuses towards disabled people particularly those disabled people living in institutions.
Justification Disabled people living in institutions are also often among the most marginalised and excluded in society. Special effort is necessary to first recognise and then fight against the human rights abuses that are rarely reported.
Amendment 25 Article 2 (f b) new
	*(fb)* to raise awareness of the fact that disabled people suffer multiple forms of discrimination, disabled people are often further discriminated against on the grounds of sex, racial or ethnic origin, religion or belief, age or sexual orientation.
Justification Discrimination on the grounds of disability is unacceptable. However, disabled people often face more than one form of discrimination. Multiple forms of discrimination whatever shape it takes only worsens the daily life of disabled people.
Amendment 26 Article 2, point f a (new)
	*(fa)* *to pay especial attention to combating double discrimination against in particular people with multiple disabilities or with learning difficulties;*
Justification Double discrimination makes integration more difficult, and calls for particular attention.
Amendment 27 Article 2, point (f b) (new)
	*(fb)* to recognise the importance of the role played by the family at all stages in the lives of people with disabilities, and to pay particular attention to the stage when parents of children with disabilities grow old.
Justification It is difficult to conceive of total integration of people with disabilities if they do not have a family to support them, if their family has not taught them to accept and face their disabilities, if their faily does not know how to function with full knowledge of the opportunities and services available, and full knowledge of the law. Special attention needs to be paid to families when older parents have children with disabilities, as this is a difficult time with regard to the future of the child with disabilities.
Amendment 28 Article 2, point (f)(c) (new)
	*(f)* (c) to make public and private institutions more aware of the need to facilitate the mobility of persons with disabilities, namely by removing architectural obstacles and adapting means of transport;
Justification The European Year of People with Disabilities must be used to make society and institutions more aware of certain specific issues affecting people with disabilities.
Amendment 29 Article 2, point (f)(d) (new)
	*(f)* (d) to pay particular attention to raising awareness of the right of children and young people with disabilities to equality in education so as to facilitate and foster their full integration into society and to foster the development of European cooperation between teachers of children and young people with disabilities with a view to increasing the integration of pupils and students with special needs into mainstream or specialised establishments and into national and European exchange programmes;
Justification The objectives of the Community action programmes Helios I and II and the Charter of Luxembourg must be included among the objectives of European Year of People with Disabilities.
Amendment 30 Article 2, point (f) (e) (new)
	*(f)* *(e) to increase employers’ awareness as regards the employment of persons with disabilities;*
Justification The European Year of People with Disabilities must be used to make society and institutions more aware of some practical issues affecting people with disabilities.
Amendment 31 Article 3
1. The measures designed to meet the objectives set out in Article 2 shall entail the development of or the provision of support to:	1. The measures designed to meet the objectives set out in Article 2 shall entail the development of or the provision of support *which may include:*
Justification This amendment guarantees that the content of the European Year is not limited to the four measures proposed and that other ideas for action developed during the year may also be included.
Amendment 32 Article 3, paragraph 1, point (c)
(c) co-operation with *broadcasting and* media *organisations*;	(c) co-operation with *all types of* media;
Justification It is better not to be specific. The suggested wording includes all the various types of publications, radio, television etc.
Amendment 33 Article 3, paragraph 1, point d a (new)
	*(da)* *the establishment of partnerships between all stakeholders at local, national and European level.*
Justification Co-operation across the various policy-making levels and at European level should produce added value both during and following the European Year of People with Disabilities.
Amendment 34 Article 3, point 1(d)(b) (new)
	*(d)* *(b) national and/or Community actions specifically implemented to promote the European Year of People with Disabilities.*
Justification This amendment seeks to incorporate support for actions intended to promote the European Year of People with Disabilities in the body of the decision and not merely in the annexes.
Amendment 35 Article 4
The Commission shall ensure the implementation of the Community actions covered by this Decision in conformity with the Annex.	The Commission shall ensure the implementation of the Community actions covered by this Decision in conformity with the Annex.
It shall conduct a regular exchange of views with representatives of people with disabilities at Community level on the design, implementation and follow-up of the European Year of *the* People with Disabilities. To that end, the Commission shall make the relevant information available to these representatives. The Commission shall inform the Committee established under Article 6(1) of their opinion.	It shall conduct a regular exchange of views with representatives of individuals, groups and organisations of people with disabilities and groups and organisations representing people with disabilities at Community level on the design, implementation and follow-up of the European Year of People with Disabilities. To that end, the Commission shall make the relevant information available to these representatives. The Commission shall inform the Committee established under Article 6(1) of their opinion.
Justification The term “representative” should be understood in its broadest sense. The original Commission text could give rise to a narrow interpretation of “representative” such as representative politicians. It is therefore necessary to widen the term. The deletion of one word is a grammatical correction in the English version of the Commission document.
Amendment 36 Article 5
1. Each Member State shall be responsible for the co-ordination and implementation at national level of the measures provided for in this Decision, including the selection of projects under Part B of the Annex. To this end, each Member State shall establish or designate a national co-ordinating body or an equivalent administrative body to organise its participation in the European Year of People with Disabilities. This body shall ensure that it is representative *of a range* of organisations representing people with disabilities and other relevant stakeholders.	1. Each Member State shall be responsible for the co-ordination and implementation at national level of the measures provided for in this Decision, including the selection of projects under Part B of the Annex. To this end, each Member State *after consultation with local and regional authorities* shall establish or designate a national co-ordinating body or an equivalent administrative body to organise its participation in the European Year of People with Disabilities. This body shall ensure that *it encompasses the various types of disability and through thorough consultation* that it is representative of organisations *consisting notably of disabled persons and* representing people with disabilities and other relevant stakeholders.
Justification Local and regional authorities will be involved at the grassroots level in putting together and running events during the year. It is essential therefore that they are consulted at an early stage and are aware of the importance of their contribution to the European Year.
Amendment 37 Article 5, paragraph 2
2. In accordance with the procedure referred to in Article 6(2), the Commission shall determine global grants which shall be allocated to the Member States to support actions at national, regional and local level. Global grants shall be awarded only to public-law bodies or bodies which have a public-service mission guaranteed by the Member States.	2. In accordance with the procedure referred to in Article 6(2), the Commission shall determine global grants which shall be allocated to the Member States to support actions at national, regional and local level. Global grants shall be awarded only to public-law bodies or bodies which have a public-service mission, *including non-profit making bodies such as voluntary groups and social cooperatives,* guaranteed by the Member States.
Justification These categories should be included among possible beneficiaries of grants for carrying out such actions.
Amendment 38 Article 5, point 3a (new)
	*(3a)* *Candidate countries should be encouraged to mirror this approach.*
Justification This formally involves candidate countries in the process.
Amendment 39 Article 7
1. Measures which are Community-wide in nature, as described in Part A of the annex, may be subsidised up to *80%* or give rise to procurement contracts financed from the general budget of the European Communities.	1. Measures which are Community-wide in nature, as described in Part A of the annex, may be subsidised up to 90% or give rise to procurement contracts financed from the general budget of the European Communities.
Justification In line with the Action programme on anti-discrimination, measures which are community wide in nature, funding should be available to at least up to 90%. This ensures consistency with previous legislation. If procurement contracts are awarded they should be at least financed up to 90%.
Amendment 40 Article 7, paragraph 2
2. Measures which are local, regional, national, or transnational in nature, as described in Part B of the annex, may be co-financed from the general budget of the European Communities up to a maximum of *50%* of the total cost.	2. Measures which are local, regional, national, or transnational in nature, as described in Part B of the annex, may be co-financed from the general budget of the European Communities up to a maximum of *60%* of the total cost.
Justification In line with the Action programme on anti-discrimination, if for measures which are Community-wide in nature funding should be available to at least up to 90%, it seems only logical and consistent to increase the other measures up to at least 60%, since they will have a direct effect on the action’s workability.
Amendment 41 Article 9
Consistency and *complementarity*	Consistency, Co-ordination and *Coherence*
The Commission, in co-operation with the Member States, shall ensure consistency between the measures provided for in this Decision and other Community action and initiatives.	The Commission, in co-operation with the Member States, shall ensure consistency between the measures provided for in this Decision and other Community action and initiatives.
	Special efforts shall be made by the EU institutions to ensure full and equal recognition and access of disabled people to all Community actions and initiatives with recognition given to the specific resources disabled people require to participate in Community initiatives on an equal basis with non-disabled people.
	*It is also necessary to see such mainstreaming taking place in the work of the social partners i.e. the employers, trade unions, service and facility providers, developers and designers.*
It shall also ensure *optimal complementarity* between the European Year of People with Disabilities and other existing Community, national and regional initiatives and resources, where these can contribute to fulfilling the objectives of the European Year of People with Disabilities.	It shall also ensure that there is the best possible coherence between the European Year of People with Disabilities and other existing Community, national and regional initiatives and resources, where these can contribute to fulfilling the objectives of the European Year of People with Disabilities.
	*Within the context of the above two paragraphs, the Commission shall endeavour to co-ordinate the various actions which may contribute to achieving the European Year’s objectives.*
Justification The first part of this amendment reinforces the need for EU institutions to ensure full participation of disabled people in all community policies. It guarantees that disabled people’s issues are not treated as a separate subject. The second part of the amendment ensures that unnecessary jargon is avoided and better explains the need for coherence and consistency.
Amendment 42 Article 11
Actions aimed at preparing the launching of the European Year may be financed as from 1 January 2002.	Actions aimed at preparing the launching of the European Year may be financed as from 1 January 2002, without prejudice of the budgetary authority decision. The annual appropriations are decided on the basis of the assessment of quantitative implementation and qualitative evaluation referred to in article 13. *The budget available for the European Year for 2002 and 2003 shall be €15 million.*
Justification The European Commission proposal for an allocation of €12 million spread across activities of 15 Member States over a two year period is insufficient, in particular given that the participation of disabled people in an activity has important additional costs to ensure their equal access (personal assistants, sign language interpretation, disability accessible meeting rooms and hotel rooms being more expensive, etc.). In addition the funding allocation for the impairment, sector specific European disability NGOs is only provided for 2002 and no funding for such European disability NGOs is foreseen for the European Year itself in 2003. For the European Year to have the necessary impact and achieve the aims and objectives it sets out to achieve sufficient budgetary allocation is required for European, national and local NGOs.
Amendment 43 Article 12
Within the framework of the European Year, the Commission may cooperate with relevant international organisations.	Within the framework of the European Year, the Commission may *and should* cooperate with relevant international organisations *and with the national bodies of third countries*.
Justification Not only does the Commission have the right to co-operate with relevant international organisations it is positively encouraged to do so. Also, given that the year 2003 marks the 10^th anniversary of the United Nations Standard Rules on the Equalisation of Opportunities for disabled people, this would be an ideal opportunity for the UN to raise its own profile in the area of equal opportunities for disabled people.
Amendment 44 Article 13
The Commission shall submit, by 31 December 2004 at the latest, a report to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the implementation, results and overall assessment of the measures provided for in this Decision.	The Commission shall submit, *written in clear, simple language without using jargon, and in accessible formats for disabled people,* by 31 December 2004 at the latest, a report to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the implementation, results and overall assessment of the measures provided for in this Decision. *When presenting the PDB, the Commission forwards to the Budgetary Authority the result of quantitative and qualitative evaluation of the action based on annual programming and performance targets.*
Justification All too often Community legislation is expressed in language which excludes most people because of its lack of clarity and complex structure. In addition to assisting people with learning disabilities to take part in this programme, the use of clear language is vital to improving people's identification with Europe and with the laws and programmes adopted at Community level.
Amendment 45 ANNEX, 1 (A) 1 (a)
(a) organisation of meetings at Community level;	(a) organisation of meetings at Community level including a major conference on discrimination and disability in relation to the implementation of common rules at EU level on access to all public buildings and places;
Justification The original text is too vague.
Amendment 46 Annex 1 (A) 2
	2. NGOs representing disabled people will be involved centrally in the decision making on the information and promotional campaigns to ensure appropriate wording and images are used to portray disabled people as disabled people would wish themselves to be portrayed.
2. Information and promotional campaigns involving:	Information and promotional campaigns involving:
Justification NGOs representing disabled people are often best placed to decide on the words and images that are used when portraying disabled people. It is essential that suitable images are used for the logo for the European Year as well as other promotional material, too often in the past, images not suitable for representing disabled people have been used.
Amendment 47 Annex, 1 (A) 2 (a)
a) the development of a logo and of slogans for the European Year of People with Disabilities, for use in connection with any activity linked to the year;	a) the development of a logo *which should be accessible and available in alternative formats* and of slogans for the European Year of People with Disabilities, for use in connection with any activity linked to the Year;
Justification It seems essential to find a logo and slogans which are accessible to everyone and therefore take into account all forms of disability. It is possible to produce logos in Braille and on printed material to apply guidelines, eg. the application of colours for those who are visually impaired. Logos can also be embossed. Websites can also incorporate a logo which when accessed by a blind person (with appropriate equipment) will speak describing the logo to the user.
Amendment 48 ANNEX, 1 (A) 2 (b)
b) an information campaign on a Community-wide scale;	b) an information campaign on a Community-wide scale, including the general public as well as groups in a position to effect change;
Justification A wide and comprehensive approach is necessary to facilitate mainstreaming of this issue.
Amendment 49 Annex 1 (A) 2 (d a) (new)
(d) appropriate initiatives by European disability NGOs aimed at disseminating information on the Year tailored to the needs of people with specific disabilities and/or of people with disabilities facing multiple discrimination;	(d) appropriate initiatives by European disability NGOs aimed at disseminating information on the Year tailored to the needs of people with specific disabilities and/or of people with disabilities facing multiple discrimination;
	*(da)* the building of alliances and partnerships between representatives of, individuals and groups working of/for disabled people and other stakeholders including employers, industry representatives, trade unions, local and regional authorities, community leaders, educational establishments and media.
Justification In order to guarantee that all stakeholders, even those who do not necessarily win the tender for promoting the Year, work together in the running of promotional campaigns in order to ensure the smooth running of the European Year.
Amendment 50 Annex, point 1(A) 2(d) (a) (new)
	*(d)* (a) the establishment and development of networks of partnerships, exchanges of experience and information between representatives of persons with disabilities, persons and groups working on behalf of persons with disabilities and other parties concerned, including employers, representatives of industry, trade unions, local and regional authorities, heads of groups, educational establishments, various organisations and the media.
Justification The development of exchange networks should be pursued as a matter of priority during European Year of the Disabled and involve the broadest possible range of the players concerned.
Amendment 51 Annex 1 (A) (3)
Surveys and studies on a Community-wide scale, including a series of questions intended to assess the impact of the European Year of People with Disabilities, to be included in a Eurobarometer survey and an evaluation report on the effectiveness and impact of the European Year.	Surveys and studies on a Community-wide scale, including a series of questions intended to assess the impact of the European Year of People with Disabilities, to be included in a Eurobarometer survey and an evaluation report on the effectiveness and impact of the European Year. *A study will also be undertaken to examine the situation facing disabled people living in institutions in Europe.*
Justification Disabled people living in institutions are often the most marginalised groups in society, they often have no channels for their voice to be heard. A study to examine their situation within the specific context of the European Year would begin to highlight the case of disabled people living in institutions.
Amendment 52 Annex 1 (B)
1. Events connected with the objectives of the European Year of People with Disabilities, including an event to launch the Year;	1. Events connected with the objectives of the European Year of People with disabilities, including an event to launch the Year *which must involve the building of alliances and partnerships with representatives of, individuals and groups of/for disabled people at national, regional and local level and other stakeholders*;
Justification It is essential to the success of the European Year, that the activities reach grassroots disability organisations across Europe. Grass roots local disability organisations as well as regional and national disability organisations must be give the means to liase directly with other stakeholders in order to build strong alliances and partnerships to implement actions arising from the European Year.
Amendment 53 Annex, point 1(A)(3), paragraph 2b (new)
	*(2b)* *This study should also survey efforts to integrate these people into the Community, particularly through schemes to promote independent living.*
Justification The study should also underline the need to promote schemes supporting independent living.

[1] OJ C 240, 28.8.2001, p. 160.

DRAFT LEGISLATIVE RESOLUTION

European Parliament legislative resolution on the proposal for a Council decision on the European Year of People with disabilities 2003 (COM(2001) 271 – C5‑0306/2001 – 2001/0116(CNS))

(Consultation procedure)

The European Parliament,

– having regard to the Commission proposal to the Council (COM(2001) 271[1]),

– having been consulted by the Council pursuant to Article 13 of the EC Treaty (C5‑0306/2001),

– having regard to Rule 67 of its Rules of Procedure,

– having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Budgets and the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5‑0377/2001),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4. Asks to be consulted again should the Council intend to amend the Commission proposal substantially;

5. Instructs its President to forward its position to the Council and Commission.

[1] OJ C 240, 28.8.2001, p. 160.

EXPLANATORY STATEMENT

The European Year of People with Disabilities 2003 will provide an important opportunity to raise awareness of disabled people’s issues and the diversity of the disability movement. It will highlight the significant and widespread problems that disabled people face in their daily lives, whether it be problems of access, bureaucracy or people’s attitudes. It will hopefully lead to an improvement in the way disabled people are treated generally.

The European Year should be the start of a focused and effective process to secure full and equal integration of disabled people. This means that disabled people’s issues are taken into account in all political decision-making at local, regional, national and EU levels.

The European Year will provide opportunities to develop and build relationships between representative disabled people’s organisations with other stakeholders at local, regional and community level, and will help to mobilise political commitment within the Member States behind European-wide measures in support of the equal treatment of disabled people in Europe.

The European Year 2003 marks an important milestone for disabled people as the 10^th anniversary of the United Nations Standard Rules on the Equalisation of Opportunities for disabled people. The UN Standard Rules led to a fundamental shift in attitude in the way disabled people are viewed. The shift towards the human rights and the social model of disability differs completely from the more archaic medical model of disability which presented disabled people simply as passive recipients of aid.

The European Year of Disabled People will promote the principles set down in the Charter of Fundamental Rights. Article 21 of the Charter of Fundamental Rights of the European Union prohibits discrimination based on grounds of disability, among others, and Article 26 provides explicit recognition of the rights of persons with disabilities and the need to ensure their independence, social and occupational integration and participation in the life of the community.

The European Year of Disabled People will provide an important means to launch commitments in the communication “Towards a barrier free Europe for people with disabilities” (COM(2000) 284). Such commitments to develop and support a comprehensive and integrated strategy to tackle social, architectural and design barriers which restrict access for disabled people to social and economic opportunities.

This report welcomes the emphasis the European Commission has placed in the proposal for the European Year to lead to a mainstreaming of disabled people’s issues across all relevant European events. The full and equal integration of disabled people in society is the primary objective. For this to happen additional and sustained support measures are needed. In this regard specific policies and initiatives must be developed by the activities of the European Year. We need to see clear evidence in 2003 of a mainstreaming of disability policy across the legislative programmes of all levels of Government, local, regional, national and across the programmes of the EU institutions. It is also necessary to see such mainstreaming taking place in the work of the social partners – i.e. the employers and trade unions.

This report generally supports the objectives of the European Year as outlined in the Commission proposal. However, the Rapporteur would like to see more emphasis given to the promotion of real progress: comprehensive European-wide data collection, funding provision for policy actions which will lead to new initiatives to promote equal opportunities for people with disabilities building upon the proposals presented in the European Commission communication and the European Parliament Resolution on ‘Towards a Barrier Free Europe for People with Disabilities’.

In particular, the Rapporteur wishes to see, arising from the European Year activities, the presentation in 2003 of an EU non-discrimination Directive dedicated to disability which would encompass all areas of EU competence building on the measures presented in the recently adopted EU non-discrimination Directive on Employment. This would be similar to the Article 13 Race Directive already passed by the EU institutions (COM(1999) 566). The proposal from the European Parliament in its Resolution on ‘Towards a Barrier Free Europe for People with Disabilities’ (A5-0084/2001) calling for the creation of a specific disability Action Programme in 2004 to follow-up the work of the European Year is also strongly supported.

The Rapporteur would like the European Year to provide funding for a major piece of data compilation and research work which would investigate the status of disabled people in society. Since 1993 with the introduction of the UN Standard Rules and the change from a medical to social model of disability, there have been very few studies in this area, further studies will be necessary to determine the effects of the UN Standard Rules. A study should examine the situation of disabled people living in institutions in Europe.

The report also draws attention to disabled people who suffer multiple forms of discrimination, disabled people are often further discriminated against on the grounds of sex, race or ethnic origin, religion, age or sexual orientation. Disabled people facing more than one kind of discrimination, whatever form this discrimination takes, only worsens the daily life of disabled people.

It is essential that regional and local government are involved in the European Year from an early stage, this is why when Member States designate the national co-ordinating bodies, they should do so after consulting local and regional authorities. Local and regional authorities will be heavily involved in running events linked to the European Year. The National co-ordinating body shall ensure that it is representative of a range of organisations representing disabled people.

The Rapporteur is concerned that €12 million spread across activities of 15 Member States over a two year period is insufficient, in particular given that the participation of disabled people in an activity has important additional costs to ensure their equal access (personal assistants, sign language interpretation, disability accessible meeting rooms and hotel rooms being more expensive etc.)

In addition, the funding allocation for the impairment sector specific European disability NGOs is only provided for 2002 and no funding for such European disability NGOs is foreseen for the European Year itself in 2003.

For the European Year to have the necessary impact and achieve the aims and objectives it sets out to achieve, sufficient budgetary allocation is required for European, national and local NGOs. Funding for national and local initiatives must be largely and adequately provided for by National Governments. It is necessary to see the global funding amount increased from €12 million to €15 million to take account of these additional expenditure requirements.

Furthermore, in line with the Article 13 Action Programme on anti-discrimination agreed by the European institutions, the subsidies allocated to cover expenses of special events at European level to highlight an increased awareness of the European Year should be raised from not exceeding 80% to not exceeding 90%.

Clear evaluation of the European Year is essential. This is why the follow-up report submitted by the Commission should be written in clear and simple language, without using jargon and in accessible formats for all disabled people. Too often EU legislation is expressed in a language which excludes people because of its lack of clarity and complex structure. This Year for Disabled people, of all European Years, should not exclude people unnecessarily. Moreover, written documentation should be made available on demand in accessible formats, this was agreed in the Parliament’s resolution on Towards a Barrier Free Europe for People with Disabilities, this statement needs to be re-iterated in a legislative text to give it fuller force.

It is clear that the European Commission not only has the right to co-operate with relevant international institutions, but also is encouraged and should do so especially with regard to the 10^th anniversary of the UN Standard Rules on Equalisation of Opportunities for disabled people.

Finally, the European Year of People with Disabilities is a crucial year. It should serve as an important step for greater action to be taken at all levels in order to combat discrimination that disabled people suffer in their daily lives. It should also be a celebration of disabled people’s contributions to society, this report serves as a basis for this.

OPINION OF THE COMMITTEE ON BUDGETS

15 October 2001

for the Committee on Employment and Social Affairs

on the proposal for a Council decision on the European Year of People with Disabilities 2003

(COM(2001) 271 – C5‑0306/2001 – 2001/0116(CNS))

Draftsman: Terence Wynn

PROCEDURE

The Committee on Budgets appointed Terence Wynn draftsman at its meeting of 26 June 2001.

It considered the draft opinion at its meeting of 15-16 October 2001.

At this meeting it adopted the following amendments unanimously.

The following were present for the vote: Terence Wynn, chairman; and draftsman; Joan Colom i Naval, Den Dover, Salvador Garriga Polledo, Catherine Guy-Quint, Jutta D. Haug, Anne Elisabet Jensen, John Joseph McCartin, Jan Mulder, Juan Andrés Naranjo Escobar, Esko Olavi Seppänen (for Francis Wurtz), Francesco Turchi and Kyösti Tapio Virrankoski.

SHORT JUSTIFICATION

The proposal aims at providing a legal basis for the Disabled Citizen year (2003), on the basis of article 13 of the Treaty.

Approximately 38 million people in Europe - one in 10 Europeans of all ages - have a disability. Throughout the Union, people with disabilities still face barriers not only in finding and keeping a job but also in finding accessible transportation, physically accessing buildings and facilities or gaining access to education and to technologies and training for a job. These barriers too often prevent people with disabilities from playing a full part in society and work place.

Under article 13 of the Treaty, the European Union has reduced a watershed in the development of a disability policy. Under this article, the Council adopted on 27 November 2000 a comprehensive anti-discrimination package comprising a multiannual programme for equal treatment in employment and occupation and to combat discrimination. The European Year of People with Disabilities is launched in this context. The European Year will be managed at two levels:

- at Community level (directly managed by the Commission) with subsidies up to 80% of total cost of the action

- at national/regional level (through allocations to national bodies) with subsidies up to 50% of the cost of the action.

The global funding foreseen is 12 mio € over two years: 4 mio € in 2002 and 8 mio € in 2003 under a new budget line B5-806.

According to the Common declaration of the 20 July 2000, the budgetary authority should evaluate the compatibility of the proposal with the Financial Perspective and without reduction of the existing policies. In the financial statement the Commission confirms the compatibility with the financial programming.

The rapporteur recalls that the financial programming is only indicative and subject to the modifications brought to it by the budgetary decisions. Although the legal basis foresees a two years programme, the availability of funding will be decided annually within the budgetary procedure. In accordance with EP's requests in the 2001 and 2002 Budgets, the rapporteur stresses the necessity for the specialised committees and for the Committee on Budgets, to take on board the level and the quality of implementation in their annual budgetary decisions.

Finally, because this action will provide subsidies to various organisations, the rapporteur wishes to recall the principles supported by the Parliament for granting subsidies in chapter A-30, which should benefit to the greatest number of organisations on the largest geographical basis under strict conditions of transparency and accountability.

AMENDMENTS

The Committee on Budgets calls on the Committee on Employment and Social Affairs, as the committee responsible, to incorporate the following amendments in its report:

AMENDMENT TO THE LEGISLATIVE RESOLUTION

[The European Parliament],

Considers that the financial amount foreseen for this action is compatible with the current financial perspective.

Justification:

According to the common declaration of 20 July 2000, the Budgetary Authority should evaluate the compatibility of the envelope with the Financial Perspective and without reduction of the other policies.

Text proposed by the Commission[1]	Amendments by Parliament
Amendment 1 Recital 13 a (new)
	The common declaration of 20 July 2000 foresees that the budgetary authority gives an opinion on the compatibility of new proposals having budgetary impact with the financial framework and without reduction of the existing policies.
Justification According to the common declaration of 20 July 2000, the Budgetary Authority should evaluate the compatibility of the envelope with the Financial Perspective and without reduction of the other policies.
Amendment 2 Article 11
Actions aimed at preparing the launching of the European Year may be financed as from 1 January 2002.	Actions aimed at preparing the launching of the European Year may be financed as from 1 January 2002 without prejudice of the budgetary authority decision. The annual appropriations are decided on the basis of the assessment of quantitative implementation and qualitative evaluation referred to in article 13.
Justification The budgetary authority is responsible for the use of Community funding. By linking allocation of new appropriations to the level of implementation, it aims to ensure the best value for money.
Amendment 3 Article 12
Within the framework of the European Year, the Commission may cooperate with relevant international organisations.	Within the framework of the European Year, the Commission may cooperate with relevant international organisations *avoiding duplication of funding to the same beneficiaries (part A and B of the budget).*
Justification A great number of organisations receive a contribution from the EU budget. In order to ensure the widest competition possible among organisations the Commission should ensure that each organisation concerned by co-operation receive only one source of Community funding (part A and B of the budget).
Amendment 4 Article 13
The Commission shall submit, by 31 December 2004 at the latest, a report to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the implementation, results and overall assessment of the measures provided for in this Decision.	The Commission shall submit, by 31 December 2004 at the latest, a report to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the implementation, results and overall assessment of the measures provided for in this Decision. *When presenting the PDB, the Commission forwards to the Budgetary Authority the result of quantitative and qualitative evaluation of the action based on annual programming and performance targets.*
Justification The budgetary authority needs to be informed about the evaluation of this action at a useful stage of the annual procedure.

[1] Not yet published in OJ.

OPINION OF THE COMMITTEE ON CITIZENS' FREEDOMS AND RIGHTS, JUSTICE AND HOME AFFAIRS

16 October 2001

for the Committee on Employment and Social Affairs

on the proposal for a Council decision on the European Year of People with Disabilities 2003

(COM(2001) 271 – C5‑0306/2001 – 2001/0116(CNS))

Draftsman: Niall Andrews

PROCEDURE

The Committee on Citizens' Freedoms and Rights, Justice and Home Affairs appointed Niall Andrews draftsman at its meeting of 10 July 2001.

It considered the draft opinion at its meetings of 9 October 2001 and 16 October 2001.

At the last meeting it adopted the following amendments unanimously.

The following were present for the vote: Giuseppe Di Lello Finuoli, acting chairman; Niall Andrews, draftsman; Roberta Angelilli, Carlos Coelho, Gérard M.J. Deprez, Pernille Frahm, Margot Keßler, Alain Krivine (for Fodé Sylla), Juan Andrés Naranjo Escobar (for Jorge Salvador Hernández Mollar), Hartmut Nassauer, Paolo Pastorelli, Hubert Pirker, Gerhard Schmid, Anna Terrón i Cusí, Christian Ulrik von Boetticher.

SHORT JUSTIFICATION

People with disabilities are part of our society. According to the Explanatory Memorandum approximately 10% of all Europeans have a disability. However, very often they are hindered in taking part in our society as other people do. What makes it worse is that they are not hindered by their disabilities, but by their environment and attitudes towards them. The multiple discrimination they suffer has been the subject of several debates in our committee.

The discrimination experienced by all people with physical and sensory disabilities is linked in particular to the way their physical environment is built. This may include problems with public transport and access to buildings, stairways and doors which are often not wide enough to allow wheel-chair access. Also, the lack of availability of loop systems, audio aids etc will further limit full access.

Moreover, people with disabilities are often subjected to very subtle means of discrimination. Surveys show that the intellectual capacity of people with physical disabilities, very often, is underestimated. Their job applications can be reluctantly considered even though they are perfectly capable of doing the job well.

This form of discrimination and the exclusion of people with disabilities not only denies their fundamental rights, but also deprives our society of diversity and inclusivity. People with disabilities can contribute immensely to society and experience shows that they successfully contribute to creating a positive environment for everyone. Their experiences can encourage more tolerance, understanding and awareness of the needs of others. Including people with disabilities in our society rather than discriminating against them should be everyone's goal.

Your draftsman therefore very much welcomes the designation of 2003 as the European Year of People with Disabilities and stresses the importance of a co-ordinated effort at European level to inform and educate society. The Committee agreed to the budgetary amendment of the draftsman to raise the preparatory funds for the European Year by €740.000 to €2.500.000. A unified approach is more likely to create awareness and to change attitudes, thus removing barriers to equality. Public awareness is needed to increase understanding and acceptance of people with disabilities and their rights in society as well as to back up legislation. In this sense the European Year 2003 might be able to pave the way for new legal and policy developments. The exchange of experience regarding good practice and effective strategies devised at local, national and European level must be encouraged. Measures are planned at European and national level. In Ireland, for instance, a major event linked to and funded under the Special Olympics will be organised.

Overall, the proposal is satisfactory. In particular the objectives seem to have been carefully considered. However, it is important that discrimination against people with disabilities is tackled as a mainstream-issue. Only a comprehensive approach can achieve this. The planned co-operation between all parties concerned must therefore include social partners, the educational sector, NGOs, and, where appropriate, be supported by research (Amd 1).

As far as the measures which are laid down in Annex I are concerned, and which are meant to specify the principles outlined in Article 3, they still seem vague. As regards meetings and events, it should be specified in the text with whom the meetings will be arranged, and what type of events are to be planned in order to raise awareness. A special conference should be held at European level on discrimination and disabilitiy covering a range of areas and which, in particular, will aim to ensure the implementation of common rules at EU level on access to all public buildings and places (Amd 2).

Concerning the information and promotional campaigns mentioned in the proposal, it seems essential to find a logo and slogans, which are accessible to everyone. This means that all forms of disability will need to be taken into account in the design of the logo and slogan (Amd 3).

With regard to the planned community-wide information campaign, it is necessary that the target group include the general public as well as groups in a position to effect change. As pointed out above, mainstreaming is one of the most important tools in the fight against discrimination (Amd 4).

If the European Year is to be successful it is essential that appropriate emphasis be placed on tackling all forms of discrimination against people with disabilities, removing barriers, and welcoming diversity. It is vital that all stages of the European Year are influenced by the key stakeholders if we are to have a truly representative and inclusive society.