Call to Action : ETUC Demand for the EU Disability Card

Brussels, 30 October 2023

To: Deputy Permanent Representatives to the European Union

Dear Ambassadors, 

We write to you as the European Trade Union Confederation (ETUC) to address a matter of significant importance in the ongoing discussions surrounding the European Disability Card and the European Parking Card for persons with disabilities. 

We would like to formally request that the mandate of the Council of the European Union considers the expansion of the initiative's scope, specifically Article 2.2 (see below), to include the recognition of compensation for workers with disabilities exercising their right to mobility during the period necessary for the assessment of their functionality in the host country. 

The employment landscape for workers with disabilities is fraught with challenges and barriers, which deter them from seeking employment in other European countries. The European Disability Card, in our view, should extend its benefits beyond facilitating access to cultural events and parking: It should endorse and protect the right to mobility for workers with disabilities, ensuring their access to compensation during the assessment period. 

It is important to note that we maintain a close and collaborative relationship with the European Disability Forum, an organization that has proposed a similar amendment to Article 2.2. We wholeheartedly support their initiative. 

We believe that our collective efforts will contribute to a more inclusive and equitable Europe for all its citizens, regardless of their functionality. We kindly request your consideration and support for this important amendment. 

Best regards, 

Tea Jarc 

ETUC Confederal Secretary 

Article 2.2 (amendment in bold text)

This Directive does not apply to:

(a)   benefits in the area of social security under Regulations (EC) No 883/2004 and (EC) No 987/2009;

(b)   special contributory or non-contributory cash benefits or benefits in kind in the area of social security, social protection or employment;

(c)   social assistance covered by Article 24(2) of Directive 2004/38/EC.

3. Exceptions to paragraph 2 shall be made by Member States to ensure equal treatment and opportunities between national and other Europeans with disabilities:

a)    when a European Disability Card holder moves to the Member State with to a work contract or enrolment in an education institution until their disability is re-assessed in the national system, or

b)    when a European Disability Card holder participates in an EU Mobility Programme.

[Justification: Persons with disabilities continue to face a significant gap in accessing essential services, such as personal assistance, adapted housing, reasonable accommodation, and assistive devices when relocating to another EU Member State for work or studies. Upon moving, they promptly lose their entitlement to social security benefits in their home country, while it can take months or even years to have their disability officially recognized in the new country of residence. During this transitional period, individuals with disabilities are left without any support and must cover the costs of these essential services themselves. The European Union has the capacity to address this issue, particularly due to the residual legal basis outlined in Article 21(2) of the Treaty on the Functioning of the EU, which empowers the EU to enact legislation that "facilitate the right of EU citizens to move and reside freely within the territory of the Member States".

The same is true for people, including young people, that are participating in EU Mobility Programmes. That means that students or volunteers moving abroad to study or do a work-related experience will still lose their social security benefits from their Member State of residence and will not automatically get disability status in their host country].