WRITTEN QUESTION P-4130/00 by Ingo Schmitt (PPE-DE) to the Commission. Non-recognition of German disability cards in Spain.
Date: 2001-01-09
Institutions: European Parliament, Provisional data
Subjects: Spain, disabled person, discrimination based on disability, identity document, integration of people with disabilities, mutual recognition principle

19.6.2001

EN

Official Journal of the European Communities

C 174 E/237

(2001/C 174 E/254)

WRITTEN QUESTION P-4130/00

by Ingo Schmitt (PPE-DE) to the Commission

(9 January 2001)

Subject: Non-recognition of German disability cards in Spain

Is the Commission aware that German cards attesting serious disability are not recognised in Spain and
that German people with serious disabilities are consequently unable to benefit from the privileges granted
to Spanish people with disabilities? Does this not constitute a clear breach of the non-discrimination clause
of the EU Treaty?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(7 March 2001)

In accordance with the principle of subsidiarity, the decision concerning the definition of (cid:145)disability(cid:146)(cid:129) and
thus eligibility for disability cards (cid:129) is taken at national level. This means that the conditions for issuing a
disability card are laid down by each Member State and that there is no mutual recognition of such cards
entitling holders to the various concessions available in Member States other than the one that issued the
card.

Under Community law the right to social assistance in another Member State depends on the personal
situation of the person involved. Therefore, in order to verify whether in the present case the refusal of
concessions available to holders of a Spanish disability card to a holder of a German disability card
constitutes an infringement of Community law, it would be necessary for the Commission to have more
details on this particular case. In principle, if a disabled person resides and works in Spain s/he should
receive equal treatment to nationals with the same level of disability even if this requires that the relevant
Spanish authorities determine his/her level of disability in accordance with national law. If s/he is resident
in Spain as an economically inactive person his/her right of residence is subject to the condition of having
sufficient resources to avoid becoming a burden on the social assistance system of the host Member State
and to being covered by sickness insurance in respect of all risks and, therefore, s/he would not be entitled
to social assistance.

On a general basis, Article 12 (ex Article 6) of the EC Treaty prohibits all discrimination on the grounds of
nationality within the scope of application of the EC Treaty. Thus, basic advantages for disabled people,
such a preferential parking spots or wheelchair facilities in airports, should be available to all disabled
Community nationals regardless of nationality. The consequent refusal of the above-mentioned basic
advantages to Community nationals travelling to another Member State as recipients of services could be
considered as discrimination on the grounds of nationality within the meaning of Article 12 of the EC
Treaty read in conjunction with Article 49 (ex Article 59) of the EC Treaty.

(2001/C 174 E/255)

WRITTEN QUESTION E-4134/00

by Gerhard Schmid (PSE) to the Commission

(16 January 2001)

Subject: Directive on cableway installations

The serious accident
11 November 2000.

involving the Kaprun glacier

railway at Kitzsteinhorn claimed 155 lives on