Amended Proposal for a COUNCIL RECOMMENDATION on a parking card for people with disabilities
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 04. 03. 1997 COM(97) 76 final 95/ 0353 (SYN) Amended proposal for a COUNCIL RECOMMENDATION on a parking card for people with disabilities (presented by the Commission pursuant to Article 189 a(2) of the EC Treaty) EXPLANATORY MEMORANDUM Following the opinion of the European Parliament at the first reading on 13 December 1996, the Commission presents to the Council, pursuant to article 189A paragraph 2 of the EC-Treaty, an amended proposal for the recommendation. The amended text covers in principle the following types of amendments: - throughout the whole text the term "disabled people" or disabled persons" has been replaced by "people with disabilities" in order to conform with the terminology used by the "Communication on Equality of opportunity for People with Disabilities" (COM(96) 406 final of 30 July 1996); the adoption of the Commission since - some amendments or additional texts aim at clarifying the text; - one amendment makes explicit the use of the European model parking card in relation to the already existing parking cards; - some amendments concern the indications to be put on the reverse side of the parking card; - due to the lengthy nature of the co-operation procedure the dates of application and information have been amended to facilitate Member Sates; Nevertheless, the amended proposal of the Commission keeps to the structure and the objectives of the initial proposal, but develops and clarifies some of the provisions. /- ORIGINAL PROPOSAL AMENDED PROPOSAL (The original text remains unchanged unless there is an entry in this column) Draft Council Recommendation on a parking card for disabled persons Proposal for a Council Recommendation on a parking card for people with disabilities The Council of the European Union, Having regard to the Treaty establishing the European Community, and in particular Article 75(1 )(c) thereof, Having regard to the draft for a recommendation submitted by the Commission, Having regard to the proposal for a recommendation submitted by the Commission, In co-operation with the European Parliament1, Having regard to the opinion of the Economic and Social Committee2, Having regard to the opinion of the Committee of the Regions3, Whereas the reciprocal recognition of a parking card for disabled persons based on a standardised Community model was advocated by the Commission in its communication on a medium term social action programme (1995-1997), forwarded to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on 12 April 19954, and also in its report of 26 November 1993 to the Council on the measures to be taken in the Community regarding the accessibility of transport to persons with reduced mobility5; Whereas the reciprocal recognition of a parking card for people with disabilities based on a standardised Community model was advocated by the Commission in its communication on a medium term social action programme (1995- 1997), forwarded to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on 12 April 1995, and also in its report of 26 November 1993 to the Council on the measures to be taken in the Community regarding the accessibility of transport to persons with reduced mobility; Whereas it is stated in Title I, section 26 of the Community Charter of the Fundamental Social Rights of Workers that all disabled persons, whatever the origin and nature of their disablement, should be entitled to additional concrete measures aimed at improving their social and occupational integration; whereas such measures should concern, in particular, according to the capacities of the beneficiaries, accessibility, mobility and means of transport; Whereas it is stated in Title I, section 26 of the Community Charter of the Fundamental Social Rights of Workers that all people with disabilities, whatever the origin and nature of their disablement, should be entitled to additional concrete measures aimed at improving their social and occupational integration; whereas such measures should concern, in particular, according to the capacities of the beneficiaries, accessibility, mobility and means of transport; 4 COM(95) 134 5 COM(93) 433 i 6 Whereas a private car constitutes, for many disabled people who are unable to use public transport, the only means of getting about independently for purposes of occupational and social integration; whereas, in certain circumstances and with due regard to road safety, it is only right that disabled persons should be enabled, by means of a designated parking card, to park their car as near to their destination as possible; whereas disabled people should thus have the opportunity to avail themselves of the facilities provided by the said parking card throughout the European Community in accordance with the national rules applying in the respective countries; Whereas a private car constitutes, for mimy people with disabilities who are unable to use public transport, the only means of getting about independently for purposes of occupational and social integration; whereas, in certain circumstances and with due regard to road safety, it is only right that people with disabilities should be enabled, by means of a designated parking card, to park their car as near to their destination as possible; whereas people with disabilities should thus have the opportunity to avail themselves of the facilities provided by the said parking card throughout the European Community in accordance with the national rules applying in the respective countries; Whereas, in view of the fact that parking cards for disabled persons may come within the remit of regional authorities, the Committee of the Regions should be consulted; Whereas, in view of the fact that parking cards for people with disabilities may come within the remit of regional authorities, the Committee of the Regions should be consulted; Whereas, in accordance with the principle of subsidiarity, Community action is necessary to ensure that parking cards for disabled persons are readily recognised on a reciprocal basis and to facilitate freedom of movement for disabled people enabling them also to participate in tourist activities, thereby avoiding the practical problems which divergent national models may present for disabled people and supervisory officials; Whereas, in accordance with the principle of subsidiarity, Community action is necessary to ensure that parking cards for people with disabilities are readily recognised on a reciprocal basis and to facilitate freedom of movement for people with disabilities enabling them also to participate in tourist activities, thereby avoiding the practical problems which divergent national models may present fat people with disabilities and supervisory officials; Whereas, for the purposes of the common transport policy and with a view to helping to improve road traffic safety, which includes car parking, it is desirable that there should be a Community-model parking card for disabled persons recognised reciprocally by the Member States, Whereas, for the purposes of the common transport policy and with a view to helping to improve road traffic safety, which includes car parking, it is desirable that there should be a Community-model parking card for people with disabilities recognised reciprocally by the Member States, Whereas the ECMT is a wider framework than the Union within which positive action has already been taken to encourage the provision and reciprocal recognition of parking cards for people with disabilities (ECMT-recommendation of 6 December 1977); whereas the progress report relating to this recommendation and many other reactions are in favour of further promotion and reciprocal recognition of national parking cards for persons with reduced mobility; Whereas there must be full information provided to cardholders on facilities available for them in Member States; Hereby recommends the Member States to: Hereby recommends the Member States to: 1. introduce a national parking card for 1. introduce a parking card for people with disabled persons, issued in accordance with the respective national provisions, on the basis of the standardised Community model described in the Annex; recognise reciprocally the parking cards for disabled persons introduced by each Member State in accordance with the standardised Community model, so that the holder of the card may benefit from the associated parking facilities available in the respective countries; issue the parking card only to disabled persons with reduced mobility; take the necessary steps to ensure that the parking cards for disabled persons based on the standardised Community model, and the arrangements for reciprocal recognition, are introduced by 1 January 1998 at the latest; disabilities, issued in accordance with the respective national provisions, on the basis of the standardised Community model described in the Annex, which may be used in parallel with the existing national or regional parking cards within a transition phase to be fixed by the Member States; recognise reciprocally the parking cards for people with disabilities introduced by each Member State in accordance with the standardised Community model, so that the holder of the card may benefit from the associated parking facilities available in the respective countries; issue the parking card only to people with reduced mobility resulting from physical (including sensory), mental or psychological impairments; issue an overview of the national parking concessions of the EU Member States when issuing a parking card; take the necessary steps to ensure that the parking cards for people with disabilities based on the standardised Community model, and the arrangements for reciprocal recognition, are introduced by 1 January 1999 at the latest; 2. 3. 3a 4. inform the Commission, by 1 March 1998, of the measures taken pursuant to this recommendation. 5. inform the Commission, by 1 March 1999, of the measures taken pursuant to this recommendation. Done at Brussels, For the Council ANNEX Provisions concerning the community-model parking card for disabled persons Provisions concerning the community-model parking card for people with disabilities A. B. The overall dimensions of the parking card for disabled persons as per the Community model shall be: - height: 106 mm, - width: 148 mm. A. The overall dimensions of the parking card for people with disabilities as per the Community model shall be: - height: 106 mm, - width: 148 mm. The colour of the parking card shall be light blue, except for the white wheelchair-user symbol which shall have a dark blue background. The parking card for disabled persons C. The parking card for people with shall be plastic-coated, with the exception of the space reserved for the holder's signature on the left-hand side of the reverse. disabilities shall be plastic-coated, with the exception of the space reserved for the holder's signature on the left-hand side of the reverse. D. The parking card for disabled persons shall be divided vertically into two halves on both the front and reverse. D. The parking card for people with disabilities shall be divided vertically into two halves on both the front and reverse. The left-hand side of the front shall contain: The left-hand side of the front shall contain: the wheel-chair user symbol in white on a dark blue background; the period of validity of the parking card; the serial number of the parking card; the name and stamp of the issuing authority/organisation; optional: the vehicle registration number. the wheel-chair user symbol in white on a dark blue background; the period of validity of the parking card; the serial number of the parking card; the name and stamp of the issuing authority/organisation; The right-hand side of the front shall contain: The right-hand side of the front shall contain: in capital letters, the words "Parking card for disabled persons" in the language(s) of the Member State issuing the card. After a suitable space, the words "Parking card" shall appear in capital letters/small type in the other languages of the European Union; in capital letters, the words "Parking card for people with disabilities" in the language(s) of the Member State issuing the card. After a suitable space, the words "Parking card" shall appear in capital letters/small type in the other languages of the European Union; - the words "European Communities model" in the language(s) of the Member State issuing the card; - as background, the distinguishing code of the Member State issuing the parking card, as follows: B: Belgium DK: Denmark D: Germany GR: Greece E: Spain F: France JUL: Ireland I: L: NL: A: P: FIN: S: UK: Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom surrounded by the ring of 12 stars symbolising the European Union. The left-hand side of the reverse shall contain: 1. 2. 3. the holder's surname: the holder's forename(s); the holder's date of birth; The left-hand side of the reverse shall contain: 1. the holder's surname: 2. the holder's forename(s); 3. the holder's signature or other 4. 5. the holder's address; the holder's signature. authorised mark; 4. the holder'sphotograph. The right-hand side of the reverse shall contain: 1. the statement: "This card gives entitlement to the special local parking facilities available in the Member State concerned"; 2. the statement: 2. the statement: "When in use, the card is to be affixed to the inside of the windscreen or, in the absence of a windscreen, to the front of the vehicle in such a way that the front of the card is wholly visible". "When in use, the card is to be displayed at the front of the vehicle in such a way that only the front of the card is clearly visible for checking purposes". With the exception of the right-hand side of the front, entries shall be shown in the language(s) of the Member State issuing the parking card. If a Member State wishes to make the entries in a national language other than one of the following : Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish, it shall draw up a bilingual version of the parking card using one of the eleven aforementioned languages, without prejudice to the other provisions of this Annex. c ISSN 0254-1475 COM(97) 76 final DOCUMENTS EN 05 Catalogue number : CB-CO-97-068-EN-C ISBN 92-78-16252-3 Office for Official Publications of the European Communities L-2985 Luxembourg ^-