In February 2016, a European disability card scheme was launched as a pilot project in eight Member States, to address the issue of lack of mutual recognition in disability status among Member States and to ensure equal access to benefits across borders for people with disabilities mainly in the areas of culture, leisure, sport and transport.

According to a 2021 study assessing the implementation of the pilot action on this EU disability card and associated benefits, the initiative proved to be effective. The new Strategy for the Rights of Persons with Disabilities 2021-2030 announced a follow-up to the initiative in March 2021 and on 14 September 2022, Commission's President von der Leyen announced in her State of the Union speech a new legislative initiative on the creation of a European Disability Card.

The Commission announced the publication of a proposal to create a European Disability Card by the end of 2023 with a view to be recognized in all Member States. It will build on the experience of the ongoing EU Disability Card pilot project in eight Member States and upon the European parking card for persons with disabilities.

After the Call for Evidence launched in December 2022, and a detailed survey, the Commission has opened a 12-week public consultation on 10 February 2023. The consultation was open until 5 May 2023.

On 6 September 2023, the European Commission presented a proposal for a directive introducing a European disability card and enhancing the European parking card for persons with disabilities. The proposal attempts to remove barriers to mobility, ensuring mutual recognition of disability status through the European disability card and the European parking card, but only for those who travel for short periods (i.e. less than three months). In practice, the material scope of the proposal includes almost all areas, services, activities and facilities in a broad range of special conditions, benefits and concessions, except for benefits in the area of social security. The card will cover public and private services, including transport, cultural activities, museums, and leisure and sport centres.2023, referral to associated committees was announced in Parliament. 

On 31 October 2023, the Commission put forward a second proposal for a directive extending the cards to third-country nationals (the 'follow-up proposal'). On 27 November 2023, the Council agreed its general approach. On 11 January 2024, the Employment and Social Affairs Committee (EMPL) adopted unanimously its report and a decision to enter into interinstitutional negotiations based on that report.

The Parliament mandate was endorsed in plenary during the January 2024 session and interinstitutional negotiations were launched on 17 January. The first trilogue took place on 25 January 2024 at the Council. After two trilogues, the Council’s presidency reached a provisional agreement with the European Parliament’s negotiators on 8 February 2024.

On 19 March 2024, the EMPL Committee approved the provisional agreement resulting from interinstitutional negotiations.

On 24 April 2024, the new rules - already agreed on by the Parliament and the Council - were adopted with 613 votes in favour, 7 against and 11 abstentions will establish an EU-wide disability card to make sure that persons with disabilities have equal access to preferential conditions, such as reduced or zero entry fees, priority access and access to reserved parking.

Both cards will grant card holders, as well as those accompanying them and assistance animals, access to most of the same conditions as national card holders. The new rules will only apply for short stays, with an exception for disability card holders that move to another member state for a mobility programme, such as Erasmus+.

The agreed text still has to be formally adopted by the Council, before publication in the Official Journal of the European Union and entry into force.

References:

• Legislative Observatory, Establishing the European Disability Card and the European Parking Card for persons with disabilities, 2023/0311(COD)
• Legislative Observatory, European Disability Card and European Parking Card for persons with disabilities: extending to third country nationals legally residing in a Member State, 2023/0393 (COD)
• European Commission, Proposal for a directive establishing a European Disability Card and the European Parking Card for persons with disabilities, COM(2023) 512 final
• European Commission, State of the Union 2022 - A Union that stands strong together, 14 September 2022
• Council of the European Union, Proposal for a Directive of the European Parliament and of the Council establishing the European Disability Card and the European Parking Card 
  for persons with disabilities - General approach, 27 November 2023

Further readings:

• European Commission, Strategy for the Rights of Persons with Disabilities 2021-2030, COM (2021) 101
• European Commission, Communication on 'Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030', COM(2021) 101 final
• European Commission, Study assessing the implementation of the pilot action on the EU Disability Card, Final Report, May 2021
• European Parliament, European Disability Card - Pre-legislative synthesis of national, regional and local positions on the European Commission's initiative, EPRS, September 2023
• European Parliament, Introducing a European Disability Card and a European Parking Card, EPRS, November 2023

Author: Marie Lecerf, Members' Research Service, legislative-train@europarl.europa.eu