COMMISSION DECISION

of 27 October 2021

setting up the group of experts ‘Disability Platform’

(2021/C 457 I/01)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Whereas:

(1) In accordance with Article 10 of the Treaty on the Functioning of the European Union, in defining and implementing its policies and activities, the Union shall aim to combat discrimination, including discrimination based on disability. According to Article 19, the Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

(2) The United Nations Convention on the Rights of Persons with Disabilities (‘the Convention’) (1) entered into force for the Union on 23 January 2011, and it is binding upon the institutions of the Union and on its Member States, in line with their respective competences.

(3) In accordance with the Communication from the Commission entitled Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 (‘the Disability Rights Strategy’) (2), the Commission needs to call upon the expertise of specialists in an advisory body which will be called the Disability Platform.

(4) It is therefore necessary to set up a group of experts in the field of disability, and to define its tasks and its structure, in accordance with Commission Decision C(2016) 3301 (3) (‘the horizontal rules’).

(5) The Disability Platform should help facilitate cooperation between the Commission and the Member States when implementing the Disability Rights Strategy and the Convention, while fully respecting their respective competences. It should provide a forum for discussing relevant policy developments in the field of disability, including exchange of good practice, and reflecting the diversity of disability.

(6) The Disability Platform should be composed of high-level representatives of established focal points within national administrations for matters relating to the implementation of the Convention. Experts from EU-level civil society organisations representing persons with disabilities, other relevant civil society organisations, as well as from providers of services for persons with disabilities should also participate in the work of the Disability Platform.

(7) Rules on disclosure of information by members of the Disability Platform should be laid down.

(8) Personal data should be processed in accordance with Regulation (EU) No 2018/1725 of the European Parliament and of the Council (4).

HAS DECIDED AS FOLLOWS:

Article 1 Subject matter The group of experts on disability entitled the Disability Platform (‘the Platform’) is set up.

Article 2 Tasks (5) The Platform’s tasks shall be to: (a) support the implementation of the Disability Rights Strategy as well as national disability strategies, plans or policies; (b) facilitate cooperation between the Commission and the Member States for matters relating to the implementation of the Convention; (c) assist the Commission in the preparation of policy initiatives or legislative proposals in the field of disability; (d) establish cooperation and coordination between the Commission and the Member States and stakeholders on questions relating to the implementation of Union legislation, programmes and policies in the field of disability; (e) bring about an exchange of experience and good practice in the field of disability.

Article 3 Consultation The Commission may consult the Platform on any matter relating to the development of Union policies and legislation implementing the Disability Rights Strategy and the Convention.

Article 4 Membership 1. Members shall be Member States’ authorities designated as focal points for the implementation of the Convention, as well as EU-level civil society organisations representing persons with disabilities, other relevant civil society organisations, as well as providers of services for persons with disabilities. 2. Members shall nominate their representatives (one high-level representative and one alternate representative each) and shall be responsible for ensuring that their representatives provide a high level of expertise. 3. Member organisations which are no longer capable of contributing effectively to the Platform’s deliberations, which, in the opinion of the Commission’s Directorate-General for Employment, Social Affairs and Inclusion (‘DG EMPL’), do not comply with the conditions set out in Article 339 of the Treaty on the Functioning of the European Union or which resign, shall no longer be invited to participate in any meetings of the Platform and may be replaced for the remainder of their term of office.

Article 5 Selection process for Platform members 1. Member States’ authorities shall be appointed by direct invitation. 2. The selection of the Platform’s member organisations referred to in Article 4.1 shall be carried out via a public call for applications, to be published on the Register of Commission expert groups and other similar entities (‘the Register of expert groups’). In addition, the call for applications may be published through other means, including on dedicated websites (6). The call for applications shall clearly outline the selection criteria, including the required expertise and the interests to be represented in relation to the work to be performed, and indicate the duration of the term of office. The minimum deadline for applications shall be four weeks. 3. Member organisations shall be appointed by the Director-General of DG EMPL from applicants with competence in the areas referred to in Article 2 and Article 3, and who have responded to the call for applications. They shall remain in office until replaced or until the end of their term of office. Their term of office may be renewed. 4. Registration in the Transparency Register is required in order for organisations to be appointed as members.

Article 6 Chair The Platform shall be chaired by a representative of DG EMPL.

Article 7 Operation 1. The Platform shall act at the request of DG EMPL, in compliance with the horizontal rules (7). 2. Meetings of the Platform shall, in principle, be held on Commission premises or online. 3. DG EMPL shall provide secretarial services. Commission officials from other departments with an interest in the proceedings may be invited to attend the meetings of the Platform and its sub-groups. 4. In agreement with DG EMPL, the Platform may, by simple majority of its members, decide that deliberations shall be public. 5. Minutes on the discussion on each point on the agenda and on the opinions delivered by the Platform shall be meaningful and complete. Minutes shall be drafted by the secretariat under the responsibility of the Chair. 6. The Platform shall adopt its opinions, recommendations or reports by consensus. In the event of a vote, the outcome of the vote shall be decided by simple majority of the members. Members who have voted against or abstained shall have the right to have a document summarising the reasons for their position annexed to the opinions, recommendations or reports.

Article 8 Sub-groups 1. DG EMPL may set up sub-groups for the purpose of examining specific questions on the basis of terms of reference defined by DG EMPL. Sub-groups shall operate in compliance with the horizontal rules and shall report to the Platform. They shall be dissolved as soon as their mandate is fulfilled. 2. The members of sub-groups that are not members of the Platform shall be selected via a public call for applications, in compliance with Article 5 and the horizontal rules (8).

Article 9 Invited experts DG EMPL may invite experts with specific expertise with respect to a subject matter on the agenda to take part in the work of the Platform or its sub-groups on an ad hoc basis.

Article 10 Observers 1. Individuals acting in a personal capacity, civil society organisations and public entities other than Member States’ authorities, including from candidate countries and from Iceland, Liechtenstein and Norway may be granted an observer status, in compliance with the horizontal rules, by direct invitation. 2. Organisations and public entities appointed as observers shall nominate their representatives. 3. Observers and their representatives may be permitted by the Chair to take part in the discussions of the Platform and provide expertise. However, they shall not have voting rights and shall not participate in the formulation of recommendations or advice of the Platform or its sub-groups.

Article 11 Rules of procedure On a proposal by and in agreement with DG EMPL, the Platform shall adopt its rules of procedure by simple majority of its members, on the basis of the standard rules of procedure for expert groups, in compliance with the horizontal rules (9).

Article 12 Professional secrecy and handling of classified information The members of the Platform and their representatives, as well as invited experts and observers, are subject to the obligation of professional secrecy, which by virtue of the Treaties and the rules implementing them applies to all members of the institutions and their staff, as well as to the Commission’s rules on security regarding the protection of Union classified information, laid down in Commission Decisions (EU, Euratom) 2015/443 (10) and 2015/444 (11). Should they fail to respect these obligations, the Commission may take all appropriate measures.

Article 13 Transparency (12) 1. The Platform and its sub-groups shall be registered in the Register of expert groups. 2. As concerns the Platform and its sub-groups composition, the following data shall be published on the Register of expert groups: — the name of Member States’ authorities; — the name of member organisations; — the name of observers, including the name of third countries’ authorities. 3. All relevant documents, including the agendas, the minutes and the participants’ submissions, shall be made available either on the Register of expert groups or via a link from the Register to a dedicated website, where this information can be found. Access to dedicated websites shall not be submitted to user registration or any other restriction. In particular, the agenda and other relevant background documents shall be published in due time ahead of the meeting, followed by the timely publication of the minutes. Exceptions to publication shall only be provided where it is deemed that disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 (13).

Article 14 Meeting expenses 1. Participants in the activities of the Platform and its sub-groups shall not be remunerated for the services they offer. 2. Travel and subsistence expenses incurred by participants in the activities of the Platform and its sub-groups shall be reimbursed by the Commission. Reimbursement shall be made in accordance with the provisions in force within the Commission and within the limits of the available appropriations allocated to the Commission departments under the annual procedure for the allocation of resources.

Article 15 Applicability This Decision shall apply until 31 December 2030.

Done at Brussels, 27 October 2021. For the Commission Helena DALLI Member of the Commission

(1) OJ L 23, 27.1.2010, p. 35.

(2) COM(2021) 101 final.

(3) Commission Decision C(2016) 3301 of 30 May 2016 establishing horizontal rules on the creation and operation of Commission expert groups.

(4) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

(5) This list may be adapted as required, in compliance with the horizontal rules.

(6) https://ec.europa.eu/social/main.jsp?catId=1137&langId=en

(7) See Article 13.1 of the horizontal rules.

(8) See Articles 10 and 14.2 of the horizontal rules.

(9) See Article 17 of the horizontal rules.

(10) Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).

(11) Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

(12) Individuals who do not wish to have their names disclosed may submit a request to the responsible DG for a derogation from this rule. A derogation shall be granted where justified on compelling legitimate grounds in relation to the specific situation of the individual, in particular where disclosure of the experts’ name could endanger their security or integrity.

(13) These exceptions are intended to protect public security, military affairs, international relations, financial, monetary or economic policy, privacy and integrity of the individual, commercial interests, court proceedings and legal advice, inspections/investigations/audits and the institution’s decision-making process.