EDF presents new developments in the field of the EU Disabled Persons’ Advantage Card and parking cards

We participated in a webinar where the EDF presented some new information regarding the EU Benefits Card for Persons with Disabilities (hereinafter: the card) and the parking card. In the area of the EU card, we learned that the revised text with incorporated changes was accepted in February. The text is final, but it is not yet the official EU law. It still needs to be approved by the European Parliament, which is expected to happen in April. The text remains a directive, which is the second “strongest” type of EU legislation and needs to be transposed into national legislation. It also includes a parking card for persons with disabilities. The legal bases of the text are the internal market, transport, and non-discrimination, and it still relies on the principle of mutual recognition of disability status. The second legislative proposal anticipates extending the card to citizens of third countries, allowing individuals from outside the EU who legally reside in the EU to apply for the card. For technical reasons, this proposal was separated from the original one, so it is still unknown when it will be adopted, if at all. The EDF has achieved many good improvements in the text, such as:

• Inclusion of transport services, although some exceptions will apply.
• Inclusion of provisions for access to support in participating in EU mobility programs.
• Free issuance and renewal of the European Disability Card.
• Website at the EU level and national websites with information about the card.
• Privacy protection for cardholders.
• Ensuring that the card is not mandatory for accessing rights under other EU laws (such as passenger rights).
• Member states can decide whether to extend the use of the card for longer stays abroad.
• Commitment from the European Commission to continue exploring remaining gaps related to the free movement of persons with disabilities, such as the portability of disability support when moving to another EU member state.

 Unfortunately, member states can exclude certain services from the card based on the new text. Lastly, some aspects still fall under the jurisdiction of various EU countries: the procedures for assessing disability will not change due to the card, nor will the new law affect who will be the recipient of the card or who receives certain social security benefits or support. Once the final text is adopted and translated, it will be published in the Official Journal of the European Union. From that moment, member states will have 30 months to create or amend national laws and then 12 months to establish card systems. According to the current timeline, the card is expected to be available in all EU countries by the end of 2027. Parking Card With the new directive, the EDF has achieved a clear alignment of national systems concerning the parking card, although some aspects are still left to member states, such as not being obliged to offer a digital version. The new directive establishes a clear timeframe in which the card must be issued, which is 90 days. It also allows for the inclusion of digital features, such as a QR code. The design of the digital card has not yet been determined. New rules will be developed by EU institutions, which will supplement the law with practical information on how to establish a digital card. The card will also include Braille. Upon issuing the parking card, administrative units will be able to charge only an administrative fee. Finally, similar to the European Benefits Card for Persons with Disabilities, the new directive will not affect national parking rules. Additionally, the rules regarding who is eligible for a parking card remain at the national level. The EDF attempted to include a minimum quota of parking spaces for persons with disabilities in the directive, but unfortunately, they were not successful.