Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions - Equal opportunities for people with disabilities: A European Action Plan
Date: 2003-10-30
Institutions: European Commission
Subjects: European cultural event, European social policy, discrimination based on disability, equal treatment, facilities for people with disabilities, integration of people with disabilities

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 30.10.2003
COM(2003) 650 final

COMMUNICATION FROM THE COMMISSION
TO THE COUNCIL, THE EUROPEAN PARLIAMENT,
THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND
THE COMMITTEE OF THE REGIONS

Equal opportunities for people with disabilities: A European Action Plan

.

TABLE OF CONTENTS

1.

2.

2.1.

2.2.

2.3.

2.4.

2.5.

3.

3.1.

3.2.

Executive summary...................................................................................................... 3

The policy context........................................................................................................ 4

The overall eu approach: objectives and means........................................................... 4

Facts and trends............................................................................................................ 6

Main eu achievements so far........................................................................................ 8

The impulse created by the european year of people with disabilities 2003 ............. 10

Strategic objectives for the future .............................................................................. 12

The eu disability action plan ...................................................................................... 14

The rationale............................................................................................................... 14

The first phase of the eu disability action plan: 2004-2005 ....................................... 15

3.2.1. Access to, and remaining in, employment ................................................................. 15

3.2.2.

Lifelong learning........................................................................................................ 18

3.2.3. Using the potential of new technologies .................................................................... 20

3.2.4. Accessibility to the public built environment ............................................................ 22

4.

Monitoring and structures for follow-up.................................................................... 24

4.1.

Improve executive capacity........................................................................................ 24

4.1.1. Reinforcing commission structures............................................................................ 24

4.1.2.

Strengthening co-operation with member states ........................................................ 24

4.1.3. Maximising co-operation with other international organisations or agencies ........... 24

4.2.

Strengthening governance.......................................................................................... 24

4.2.1. Deepening co-operation with ngos............................................................................. 24

4.2.2.

Inviting social partners to make a full contribution to promoting equality for
disabled people........................................................................................................... 25

4.2.3. Reporting to the institutions and bodies of the eu...................................................... 25

4.3.

The eu report on the situation of people with disabilities .......................................... 26

4.3.1. A biennial report on the overall situation of people with disabilities in

the enlarged european union ...................................................................................... 26

4.3.2. Developing context indicators, collecting data and research ..................................... 26

4.3.3.

Evaluating the eu action plan ..................................................................................... 26

2

1.

EXECUTIVE SUMMARY

A  crucial  issue  for  the  success  of  the  European  Year  of  People  with  Disabilities  2003  is
whether it will produce sustainable results beyond 2003. The European Commission , together
with all the partners involved in the Year, wants to build on its momentum and achievements
while  confronting  new  and  acute  challenges.  This  Communication  aims  to  achieve  a
sustainable  and  operational  approach  to  disability  issues  in  the  enlarged  Europe.  It  will
provide a reference point and framework for reinforcement of the disability dimension in all
relevant EU policies, while supporting or stimulating policies at national level.

The present Communication accordingly outlines forward-looking EU initiatives aimed at the
further  inclusion  of  people  with  disabilities  in  an  enlarged  EU  economy  and  society  as  a
whole.  Three  operational  objectives  are  central  to  the  proposed  approach:  achieving  full
application  of  the  Equal  treatment  in  Employment  and  Occupation  Directive  (2000/78/EC),
reinforcing mainstreaming of disability issues in relevant Community policies, and improving
accessibility for all.

In particular, this Communication introduces a rolling multi-annual Action Plan with the time
horizon of 2010. The goal of the Action Plan is to mainstream disability issues into relevant
Community policies and develop concrete actions in crucial areas to enhance the integration
of people with disabilities. As an instrument to support mainstreaming of disability issues in
key  EU  policies,  the  Commission  will  publish  a  biennial  report  on  the  overall  situation  of
people with disabilities in the enlarged EU, taking on board new developments in the Member
States.  At  the  same  time,  the  Commission  proposes  to  reinforce  the  involvement  of
stakeholders and key players in the policy dialogue in order to bring about far reaching and
lasting changes within the economy and society as a whole.

As  employment  remains  the  most  critical  factor  for  social  inclusion,  the  first  phase  of
implementation of the EU Disability Action Plan - which is due to be developed in 2004 and
2005 - will focus on creating the conditions necessary to promote the employment of people
with disabilities, while making the mainstream labour market more accessible to them across
the enlarged Union. Accordingly, the first phase of this Action Plan will concentrate on four
concrete employment-related priority actions:

– 

– 

– 

– 

access to, and retention in, employment including the fight against discrimination;

lifelong  learning  to  support  and  increase  employability,  adaptability,  personal
development and active citizenship;

new technologies to empower people with disabilities and therefore facilitate access
to employment;

accessibility  to  the  public  built  environment  to  improve  participation  in  the  work
place and integration into the economy and society.

The  Commission  biennial  Report  on  the  overall  situation  of  people  with  disabilities  in  the
enlarged Europe will be used as a basis for identifying new priorities to be addressed in the
following phases of the Action Plan in the light of the impact of EU policies on the situation
of people with disabilities.

3

2.

THE POLICY CONTEXT

2.1.

The overall EU approach: objectives and means

The EU's long-standing commitment towards its  disabled  citizens goes  hand  in  hand  with  a
new  approach  to  disability:  from  seeing  people  with  disabilities  as  the  passive  recipients  of
compensation, society has come to recognise their legitimate demands for equal rights and to
realise that participation relates directly to insertion. Contributing to shaping society in a fully
inclusive  way  is  therefore  the  overall  EU  objective:  in  this  respect,  the  fight  against
discrimination and the promotion of the participation of people with disabilities into economy
and society play a fundamental role.

To fulfil these objectives the  Commission is developing a  coherent and integrated  approach
which  makes  use  of  a  mix  of  instruments.  In  the  context  of  rapid  economic  and  social
restructuring, the Commission is particularly  committed to  making  full  use  of voluntary co-
operation  methods  which  provide  for  adequate  participation  of  all  stakeholders:  Member
States, social partners,  civil society,  etc. This  is notably  the case of the open  method of co-
ordination  in  the  areas  of  employment,  social  inclusion  and  lifelong  learning,  which  are
crucial  to  people  with  disabilities  and  where  common  objectives  can  be  translated  into
national policies and good practices spread.

(cid:1)  Enhancing respect for diversity through individual rights

Recognising and protecting the rights of people with disabilities is at the core of EU actions.
Article  13  of  the  EC  Treaty  enables  the  Community  to  bring  forward  legislation  aiming  to
combat  discrimination,  inter  alia,  on  the  grounds  of  disability.  Action  has  already  been
launched  through  the  EU  Directive  for  equal  treatment  in  employment  and  occupation1  as
well as through the EU Anti-Discrimination Programme in particular. For its part, the Charter
of  Fundamental  Rights  specifically  protects  the  rights  of  disabled  people  and  its  suggested
incorporation  in  the  future  EU  Treaty  is  a  key  development.  The  Charter  makes  political,
economic  and  civil  rights  indivisible  from  social  rights.  Its  Articles  21  and  26  set  out  the
rights  of  people  with  disabilities.  Article  26  in  particular  recognises  as  a  fundamental  right
"the  right  of  persons  with  disabilities  to  benefit  from  measures  designed  to  ensure  their
independence,  social  and  occupational  integration  and  participation  in  the  life  of  the
community".

(cid:1)  Making the environment more accessible through elimination of barriers

The EU also sees disability as a social construct. The EU social model of disability stresses
the  environmental  barriers  in  society  which  prevent  the  full  participation  of  people  with
disabilities  in  society.  These  barriers  must  be  removed  on  the  basis  of  the  Commission
communication  of  May  2000  "Towards  a  barrier  free  Europe  for  people  with  disabilities"2
which  has  important  implications  for  the  way  in  which  policies  and  law  in  relation  to
disability are now developed. Accessibility and mobility issues are now dealt with in the light
of  equal  opportunities  and  the  right  to  participate.  In  particular,  it  has  become  crucial  to
ensure the removal of technical and legal barriers to the effective participation of people with
disabilities  in  the  knowledge-based  economy  and  society  to  empower  them  to  tap  the
information society potential.

1

2

Council Directive 2000/78/EC of 27 November 2000, OJ L 303 of 2 December 2000.
COM(2000) 284 final of 12.5.2000.

4

                                                
(cid:1)  Encouraging  inclusion  through  employment:  the  European  Employment  Strategy,

the structural funds and the modernisation of social protection

Entry into employment is crucial for the integration of people with disabilities in the economy
and society at large. Participating in the labour market allows people to earn a living and to
participate  more  fully.  It  also  gives  individuals  additional  dignity  and  a  greater  degree  of
independence.  The  European  Employment  Strategy  is  contributing  to  a  general  shift  in
emphasis away from disability-specific programmes towards a more mainstreamed approach.
Most Member States' active policies designed to combat massive unemployment have moved
towards more personalised policies tailored to addressing the needs of individuals, including
those of particularly vulnerable groups such as people with disabilities. The European Social
Fund mainstream programmes and the Community initiative  EQUAL,  as  the  main  financial
tools through which the Community translates into action its aims as regards employment of
people with disabilities , are financing a wide range of actions for the integration of disabled
people into the labour market. Moreover, the Commission is seeking to secure continued and
more  extensive  rights  of  residence  for  workers  with  disabilities  as  compared  with  other
categories of EU migrant workers.

Modern  social  protection  systems  are  essential  to  provide  adequate  support  to  disabled
persons  who  are  unable  to  get  sufficient  income  from  work,  and  to  promote  access  to
employment for those who are excluded from the labour market but have the capacity to earn
their  living.  Thus  greater  attention  is  being  paid  to  the  provision  of  work-related  benefit
incentives to make work pay and to overcome the effects of 'benefit traps'. Such a shift from
long-term  dependency  on  passive  welfare  benefits  to  active  labour  market  measures  will,  if
adequately fitted to individual situations, have a positive effect on the economic situation of
the beneficiaries as well as on their self-esteem. It may also improve the structure and quality
of public expenditure and contribute to making it more sustainable in the medium-long term.

In this respect, the corporate sector plays an important role in promoting better integration, to
the  benefit  of  both  the  companies  themselves  and  disabled  employees  and  customers.
Progressive integration strategies are now being developed, companies considering that costs
incurred in  adaptations to the  workplace and to  goods and services  are  by nature  transitory.
For its part, the Commission is keen to support efforts to make the strategic business case of
disability recognised more widely.

(cid:1)  Fostering social integration and fighting against marginalisation: the European Social

Inclusion Process

Within the broad context of the Lisbon strategy, boosting equal opportunities for people with
disabilities  goes  beyond  integration  through  employment.  In  this  respect,  the  new  social
inclusion  process,  which  was  initiated  by  the  European  Council  of  Nice  on  the  basis  of  the
open  method  of  co-ordination,  has  the  potential  to  help  Member  States  to  fight  more
effectively  against  the  marginalisation  of  disabled  people  while  ensuring  that  the  most
vulnerable  are  not  excluded  from  access  to  basic  rights,  services  and  resources.  Having
examined  the  second  round  of  National  Action  Plans  for  2003-2005,  the  Commission  is
preparing a new Joint Report for adoption in the run up to the 2004 Spring Council. Moreover
the  Commission  will  be  actively  engaged  within  the  Social  Protection  Committee  in  the
establishment  of  appropriate  indicators  to  measure  progress  towards  eradication  of  poverty
and social exclusion.

5

(cid:1)  Empowering  and  enhancing  structures  in  society  which  sustain  participation:

mainstreaming of the disability perspective into relevant sectors of policy

Supporting citizens with disabilities to become an effective part of the economy and society
as a whole means participation in the mainstream for everyone for whom this is possible and
in  every  area  where  this  is  possible  -  rather  than  segregation  into  disability-specific
arrangements. Mainstreaming requires well-informed policy-making and wide participation in
the policy process to ensure that disabled people, and their diverse needs and experiences, are
at the heart of policy-making each time it has an impact, directly or indirectly, on their lives.

It  should  be  noted  in  particular  that  health  care  systems  are  now  called  to  give  a  new
importance  to  the  objective  of  enabling  older  and/or  disabled  people  to  live  active,  healthy
and  independent  lives  further  into  old  age.  An  emphasis  on  preventive  strategies  including
healthier nutrition and physical and mental activity is needed, starting with the lifestyles of the
young  and  the  middle-aged.  The  Commission  and  the  Council  adopted  a  joint  report  on
supporting  national  strategies  for  the  future  of  health  care  and  care  for  the  elderly  on  10
March  20033  establishing  the  bases  for  further  policy  co-operation  around  three  key
objectives: accessibility for all, quality, and financial sustainability of health care systems. By
spring 2004, the Commission will issue a Communication setting out proposals for further co-
operation among Member States, which will be an opportunity to mainstream disability issues
in this important area.

2.2.

Facts and trends

Raising  awareness  on  the  contribution  to  society  made  by  people  with  disabilities  is  an
important  aspect  of  the  European  Union  approach.  Questions  of  measurement  are  therefore
crucial in this respect.  The  task is  not  easy.  The  definitions  and  the  criteria  for  determining
disability  are  currently  laid  down  in  national  legislation  and  administrative  practices  and
differ across the current Member States according to their perceptions of, and approaches to,
disability.  A  comparative  study  commissioned  by  the  European  Commission4  illustrates  the
diversity of people with  disabilities as well as  the  many  alternative  definitions of  disability.
This  constitutes  an  obstacle  to  the  collection  of  comparable  and  aggregated  data  and
demonstrates  that  there  is  considerable  scope  for  exchanges  of  information  and  policy
learning in this area.

3

4

SOC 116.
Comparative Study of Definitions of Disability, Brunel University, 2003.

6

                                                
One possibility is to look at the results of the surveys which have been performed at EU level.
Figures  consolidated  by  the  European  Community  Household  Panel  survey  on  the  basis  of
self-declaration of disability appear to be quite consistent over the years. They show that 14.5
percent of the EU's working-age population (i.e. aged between 16 and 64) report some form
of disability.5 This means that almost  15  percent  of  women  (aged  16-64)  and  14  percent  of
men (aged 16-64) report either  a moderate or severe disability. For  14  Member States6, this
amounts to approximately 26 million people of working age. In the 10 Candidate Countries, it
is  reported  that  25  percent  of  the  population7  experiences  some  form  of  disability.  These
figures clearly reveal  that people  with  disabilities  are not  a  minority.  Therefore  the  issue  of
inclusion  of  people  with  disabilities  is  to  be  seen  as  an  issue  of  concern  to  the  whole  of
society and which requires the contribution of all.

These figures also highlight two important issues.–First, there is a correlation between ageing
and disability. Today 63 percent of people with disabilities are older than 45 and the incidence
of  disability  is  likely  to  increase,  since  many  people  develop  disabilities  in  later  life.  20
percent  of  people  aged  between  60  and  64  have  a  severe  disability;  17.1  percent  report  a
moderate disability, while only 6.3 percent of those who report no disability belong to the age
group  60-648.  Demographic  trends  indicate  better  health  care  for  disabled  adults  alongside
longer life expectancy. It is therefore clear that the number of people with disabilities in the
European Union is increasing - and will continue to do so - as a consequence of the ageing of
the  population.  All  this  points  to  the  need  to  increase  opportunities  for  all  in  the  area  of
accessibility, using global solutions articulated notably on the principle of Design for All.

Secondly,  figures  reveal  an  important  untapped  potential  for  the  development  of  economic
growth.  Only  42  percent  of  people  with  disabilities  are  employed,  compared  to  almost  65
percent  of  non-disabled  people,  and  as  many  as  52  percent  of  disabled  people  are
economically inactive, compared to only 28 percent of non disabled people9. While disability
remains a significant obstacle to inclusion through work, these figures illustrate the magnitude
of  the  task.  By  eliminating  barriers  to  the  labour  market,  it  will  be  possible  to  create
opportunities.

5

6

7

8

9

"Disability and social participation in Europe", European Commission,  Eurostat,  theme  3  "Population
and social conditions", 2001, ISBN 92-894-1577-0.
Sweden  was  not included in the analysis because no European  Community  Household  Panel  (ECHP)
data on Sweden were available.
Candidate  Countries  Eurobarometer  2002.1:  the  social  situation  in  countries  applying  for  European
Union membership (page 127).
See footnote 5.
Study  on  "The  employment  situation  of  people  with  disabilities  in  the  EU",  European  Commission,
Directorate  General  for  Employment  and  Social  Affairs,  2001.  Data  source:  European  Household
Panel, 1996.

7

                                                
2.3.

Main EU achievements so far

(cid:1)  Contributing to the elimination of discrimination using Article 13 of the Treaty

On  the  basis  of  a  Commission  proposal,  the  Council  adopted  on  27  November  2000  the
Directive 2000/78/EC10,"establishing a general framework for equal treatment in employment
and  occupation".  The  Directive  prohibits  any  discrimination,  be  it  direct  or  indirect,  on  the
grounds of religion  or  belief,  disability,  age  or  sexual  orientation.  With  regard  to  disability,
this  Directive  recognises  that  the  failure  to  provide  reasonable  accommodation  in  the
workplace  can  constitute  discrimination.  In  practical  terms  'reasonable  accommodation'
includes measures to adapt the workplace to individual workers with a disability, for example
by  adapting  premises  and  equipment,  as  well  as  patterns  of  working  time  etc.,  in  order  to
facilitate their access to employment. Member States have until December 2003 to transpose
the provisions of the Directive into national law. They also have the possibility of extending
for  a  further  three  years  the  transposition  of  the  Directive  as  regards  its  provisions  on
disability and age.

The Community  action  programme  to  combat  discrimination  (2001-2006)11  aims  to  support
the Member States in their fight against discrimination. It allows the Commission to finance a
number of activities to combat discrimination on the ground of disability, such as network and
partnership  building,  presidential  conferences,  national  information  days  organised  by
Member States to raise awareness of developments in the disability field, campaigns, studies,
etc.,  while  seeking  the  maximum  involvement  of  disabled  persons  themselves  and  of  their
representative  organisations.  The  Programme  also  co-funds  the  running  costs  of  several
European-level  NGOs  representative  of  people  with  disabilities,  such  as  the  European
Disability Forum (EDF), etc.

(cid:1)  Promoting  the  rights  of  people  with  disabilities  at  the  United  Nations  level  and

through EC development co-operation

The  Commission  supports  global  efforts  to  secure  the  full  and  equal  enjoyment  of  human
rights for disabled persons, notably by means of a United Nations Convention to promote and
protect  the  human  rights  of  people  with  disabilities.  Recognising  that  international  human
rights should be tailored to the circumstances faced by people with disabilities, this initiative
is in line with the Community rights-based approach to disability. These have taken place on
the basis of Article 13 of the EC Treaty, which enables the Community to take initiatives to
combat  discrimination  on  the  grounds  of  disability.  The  Commission  has  taken  a  positive
stance  towards  such  an  instrument  and  contributes  actively  to  its  development.  In  January
2003  it  issued  a  Communication  "Towards  a  United  Nations  legally  binding  instrument  to
the  rights  and  dignity  of  persons  with  disabilities"12.  This
promote  and  protect 
Communication sets out the European Commission's support for this instrument and explains
why  the  European  Community's  active  participation  in  its  development  is  indispensable.  In
particular,  the  Commission  has  requested  negotiating  directives  because  a  part  of  the
Convention  concerns  anti-discrimination,  which  is  a  Community  competence  since  the
Amsterdam  Treaty  and  Article  13.  The  European  Parliament  supports  the  Communication
from  the  Commission  and  considers  notably  that  the  adoption  of  a  thematic  International
Convention on the rights of persons with disabilities would enhance the visibility of the issue

10

11

12

Official Journal, L 303, 2.12.2000.
Council Decision 2000/750/EC of 27 November 2000, OJ L 303 of 2 December 2000.
COM(2003) 16 final of 24.1.2003.

8

                                                
of  disability  in  the  current  human  rights  system  and  would  accommodate  the  differences
entailed by disability.

The  European  Commission  is  also  encouraging  EC  delegations  in  developing  countries  to
make further efforts to ensure that disability is tackled in the framework of development co-
operation. A guidance note on this issue has been sent to all delegations.

(cid:1)  Fostering free movement

Important implications for the mobility of people with disabilities, and for their ability to take
advantage  of  one  of  the  founding  freedoms  of  the  Treaty  arise  from  the  free  movement  of
persons.  This  freedom  becomes  even  more  relevant  in  an  enlarged  Union  of  25  Member
States  and  in  the  context  of  increasing  globalisation  of  economies  and  of  societies.  The
Commission  has  already  committed  itself  to  reviewing  the  current  exemption  of  disability
benefits from the exportability provisions of Regulation EEC 1408/71 with a view to reducing
the number of such benefits that are currently not exportable.

(cid:1)  Preparing for enlargement

To  join  the  Union,  Candidate  Countries  must  incorporate  in  their  policies  and  practices  the
European  Union  social  "acquis".  In  this  respect,  the  situation  with  regard  to  people  with
disabilities  was  assessed  in  the  2001  and  2002  in  the  context  of  the  Regular  Reports.  The
European Year of People with Disabilities 2003 was opened to Candidate Countries, allowing
them  to  take  part  in  the  Year's  activities  as  far  as  possible.  However,  the  need  to  acquire
knowledge  about  the  situation  and  identify  overall  needs  of  people  with  disabilities  in  the
Acceding  and  Candidate  countries  remains  vital.  This  will  have  major  implications  for  the
development  of  modern  and  effective  disability  strategies,  notably  as  regards  supply  of
support systems and community-based care services adapted to the specific circumstances of
each country. The Commission has already launched a study to analyse the situation of people
with  disabilities  in  residential  institutions  in  the  EU  Member  States  and  Acceding  and
Candidate Countries that will also take Human Rights aspects into consideration. Moreover,
the open method of co-ordination currently applicable in the European Employment Strategy
as well as in the European Social Inclusion Process will support learning processes and allow
for the development of appropriate approaches towards the achievement of the EU common
goals.

The Commission and the European Disability  Forum are also jointly engaged in a capacity-
building project for disabled people's organisations in the Acceding and Candidate Countries,
which is financed by the Phare programme. This is an important area of work that will greatly
facilitate  the  enlargement  process  in  relation  to  disability  by  improving  understanding
between the stakeholders at all levels. Establishing a dialogue with the different stakeholders
to  identify  where  the  needs  and  possibilities  for  co-operation  are,  while  encouraging  the
setting-up of partnerships between the candidate countries and EU counter-parts and projects
will be an important part in taking forward the results of this project. Such a dialogue should
build  on  what  progress  has  been  made  to  empower  disabled  people  themselves  to  become
involved  in  the  policy  decision  making  processes  which  impact  on  their  lives.  Finally,
participation in Community action programmes provides a useful preparation for accession. In
a  number  of  fields,  the  Acceding  and  Candidate  Countries  have  been  invited  since  2002  to
participate  in  the  EU  programmes  related  to  promoting  employment;  combating  of  social
exclusion,  fighting  against  discrimination;  improving  access  to  education  and  training,  and
promoting gender equality.

9

2.4.

The impulse created by the European Year of People with Disabilities 2003

To strengthen its commitment and raise awareness of disability issues more generally, the EU
decided to adopt 2003 as the European Year of People with Disabilities (EYPD). The concept
developed by the Commission and the Member States for the European Year offered disabled
people at national, regional and local level a unique opportunity to bring to the fore issues of
concern  to  them  and  to  contribute  to  focusing  policy  priorities  and  encouraging  specific
actions.  The  Year  was  set  up  as  a  people's  campaign,  built  on  a  strong  alliance  of  non-
governmental  organisations  representative  of  people  with  disabilities,  such  as  the  European
Disability  Forum  and  disability  organisations  at  national  level;  public  administration
commitment;  social  partners,  corporate  support  and  organisations  of  service  providers.  The
EYPD thus has had the capacity to mobilise EU society as a whole. Special mention should be
made of the significant commitment and support of the European Parliament, which notably
organised an European Parliament of Disabled People; the Economic and Social Committee;
the  Committee  of  Regions  and  also  of  international  organisations  such  as  the  Council  of
Europe etc.

The EYPD itself was designed as a very inclusive process and structured in a unique way so
that disabled people themselves were able to input into defining the concept of the Year, and
their  organisations  had  a  critical  role  in  shaping  the  corresponding  campaign  at  EU  and
national levels, through their involvement in national co-ordinating bodies, designing the key
messages of the EYPD, choosing its logo and slogan, etc. Thousands of events have been held
throughout the participating countries to promote the rights of people with disabilities and to
raise awareness of the barriers they face daily in society. Actions took place simultaneously at
European, national, regional and local level involving a great diversity of stakeholders: people
with  disabilities,  their  families  and  their  representative  organisations,  non-disabled  people,
decision-makers at all levels, the social partners and relevant stakeholders from the public and
private sector.

Through the many conferences and public debates which took place all over Europe and were
often relayed by the press and featured on the  Internet, the European Year offered a unique
occasion for people with disabilities and disability organisations  at all levels to promote  the
rights  and  full  participation  of  people  with  disabilities  in  society  and  the  economy.  The
debates  launched  have  demonstrated  that  people  with  disabilities  across  the  EU  have  many
common concerns and above all, that these issues are of concern to society as a whole. This is
notably  the  case  as  regards  stigmatisation  and  social  exclusion;  the  need  for  greater
empowerment, mobility and accessibility; enhanced quality of life and appropriate care. The
situation of children with disabilities, the multiple discrimination of women with disabilities13,
the  role  of  families  in  the  management  of  disability  and  the  specific  situation  of  young
disabled people were also highlighted.

In  the  framework  of  actions  in  favour  of  youth,  the  European  Commission  co-financed  a
conference  organised  by  the  Greek  Presidency  entitled  "A  barrier-free  Europe  for  young
people"  bringing  together  150  youths  to  discuss  the  themes  of  the  White  Paper  on  Youth
(participation, information, voluntary work)14.

13

14

An important congress on "Women and Disability" took place in Valencia (SP) in 2003.
http://www.edf-feph.org/en/policy/y_pol.htm

10

                                                
It also appeared that the mass  media play  a  very relevant  role in  overcoming  stereotypes of
disabled people. The Greek Presidency, in  co-operation with the European Commission and
organisations  of  people  with  disabilities,  organised  a  European  Year  conference  on  this
critical issue. As a result, a "European Declaration on Media and Disability" was approved in
June  2003.  The  decision  was  also  taken  to  establish  a  European  network  on  media  and
disability  to  continue  improving  the  image  of  disabled  people  in  the  media,  the  levels  of
employment, and access to the media.

The exceptional mobilisation of stakeholders throughout the Year demonstrated a broad desire
for  a  change  of  gear  in  achieving  equal  opportunities  and  the  EYPD  has  induced  a  new
political impetus to promote the further integration of people with disabilities. Apart from the
transposition  of  the  EC  Directive  establishing  a  general  framework  for  equal  treatment  in
employment  and  occupation,  new  policy  developments  have  been  announced  and  are
currently  taking  place  in  the  Member  States.  These  do  not  only  concern  the  updating  of
existing  laws  and  the  passing  of  new  ones,  but  also  promote  new  approaches,  innovative
methods and positive measures. Here are some examples:

(cid:1)  France is reviewing its 1975 laws on compensation and social coverage and will

also take measures on access to certain services.

(cid:1)  Spain  has  designed  a  specific  action  plan  for  people  with  disabilities  (2003-
2007);  a  new  national  plan  on  accessibility  (2004-2012);  a  plan  on  employment
for people with disabilities. Spain will also adopt two new laws: one on equality of
opportunities and non-discrimination and one on economic and inheritance rights
of people with disabilities.

(cid:1)  Germany  is  implementing  the  new  Act  on  the  Equal  Treatment  of  Disabled
People  at  the  same  time  as  rolling  out  the  implementation  of  earlier  framework
legislation.

(cid:1)  Greece is elaborating an action plan on social inclusion until 2006. Moreover, in
the light of the Paralympic Games 2004 (Athens), the Government is undertaking
a  set  of  practical  improvements  and  institutional  reforms  for  people  with
disabilities.

(cid:1)  Portugal intends to present a new fundamental and general law on disability and
chronic illness; a law on non-governmental organisations representing people with
disabilities  and  people  with  chronic  illnesses;  a  national  action  plan  promoting
accessibility (2004-2011).

(cid:1)  The Netherlands is  developing  an  action plan  on disability policies.  A  new  law

on equal treatment should come into force by the end of 2003.

(cid:1)  Italy is working on developing benefits for families with people with disabilities
and trying to facilitate the assessment of disabilities  for  administrative  purposes.
The  Italian  Parliament  is  discussing  a  governmental  bill  on  e-accessibility  to
websites as well a draft law on guardianship.

(cid:1)  Finland has adopted a brand new  government plan and has  produced  a  guide to
help  people  with  disabilities  to  recognise  their  own  human  rights  and  situations
where discrimination occurs.

11

(cid:1)  Sweden  has,  according  to  its  National  Action  Plan  on  Disability  Policies,
implemented  guidelines  of  accessibility  to  national  authorities,  a  national
Programme  for  improving  the  responsive  skills  of  public  servants  and  elected
representatives.

(cid:1)  Ireland will publish a new general bill on disability which will include provisions
for independent needs assessment; a bill on education for people with disabilities
has been published.

(cid:1)  The UK has put in place regulations to implement Directive EC/2000/78 and the
final parts of the Disability Discrimination Act in October 2004. The UK plans to
introduce a draft Bill this year to extend disability legislation further.

(cid:1)  Luxembourg  has  passed  a  new  law  in  July  2003  concerning  labour  regulations
applicable to people with disabilities and creating an income for severely disabled
persons.

(cid:1)  Austria has issued a detailed report on the situation of people with disabilities and

is preparing a new Act on the Equal Treatment of People with Disabilities.

(cid:1)  Belgium  has  recently  adopted  a  law  on  anti-discrimination,  which  will  be
implemented  namely  through  the  Centre  for  Equal  Opportunities  and  with  the
support of the federate bodies with territorial responsibilities for the integration of
people with disabilities.

(cid:1)  Denmark  produced  an  action  plan  on  disability  and  secured  a  budget  to  create
800 to 1200 new accommodations for  people  with  disabilities  over  the  next  two
years to allow them to leave institutions.

In  conclusion,  the  European  Year  has  provided  a  stepping  stone  for  Member  States  to  give
impulse  to  new  policy  developments  towards  achieving  equal  opportunities  for  people  with
disabilities, triggering a definitive shift towards more pro-active measures in favour of people
with disabilities while laying the  foundations on which future long-term action can be built.
At  EU  level  too,  the  European  Year  has  acted  as  a  lever  to  take  forward  a  number  of
important  policy  initiatives  in  key  areas  related  to  removing  barriers  to  integration.  In
particular,  the  Commission  has  set  up  a  group  of  independent  experts  on  the  key  issue  of
accessibility  to  the  built  environment,  whose  report  has  put  forward  a  number  of
recommendations.

2.5.

Strategic objectives for the future

The  Commission's  major  goal  in  the  years  to  come  will  be  to  boost  equal  opportunities  for
people with disabilities. In this way a lasting dynamic will be created for the full inclusion of
people with disabilities into society while shaping the European social construct in such a way
that it will provide real equality of opportunities.

Most actions in the field of disability are principally a matter of Member State responsibility
and most effectively dealt with at national level. Therefore, the Commission's strategic goal is
to  be  achieved  by  three  complementary  and  mutually  supportive  operational  objectives,
making  full  use  of  the  Commission's  ability  to  act  so  as  to  maximise  the  EU  contribution.
These operational objectives are:

12

(cid:1)  Achieving  full  application  of  the  Equal  Treatment  in  Employment  and  Occupation
Directive and launching the debate on the future strategy to combat discrimination

The Commission will monitor the transposition of the legislative provisions on discrimination
in  the  Member  States  and  in  the  acceding  countries  within  the  deadlines  agreed  by  the
Council. In particular, the Commission will pro-actively monitor the transposition, and ensure
the proper application, of Directive 2000/78/EC of 27 November 2000 establishing a general
framework for equal treatment in employment and occupation so as to ensure that all victims
of  discrimination  can  benefit  from  its  full  protection.  It  is  to  be  stressed  that  the  effective
implementation  of  this  Directive  is  a  core  element  in  the  Commission's  overall  approach  to
disability  and  a  major  challenge,  given  its  innovative  concepts.  This  Directive  is  set  to
become a major element in achieving equality of opportunities for people with disabilities. As
such, the Directive will also challenge the misconception that disability is equal to inability or
lack  of  ability,  and  over  time,  if  applied  properly,  should  therefore  contribute  towards
removing the prejudice, fear and ignorance which surrounds disability.

The Commission intends to launch a public consultation (Green Paper) in Spring 2004 on the
future strategy to combat discrimination. This paper will take stock of progress made in EU
anti-discrimination  policy  and  will  raise  issues  regarding  future  policy  development.  It  will
also address the new challenges posed by the enlargement of the EU.

(cid:1)  Successful  mainstreaming  of  disability  issues  in  relevant  Community  policies  and

existing processes

tendency 

increasing 

in  disability  policies  show  an 

Modern  developments 
towards
mainstreaming to better incorporate the rights of people with disabilities and to promote equal
opportunities for people with disabilities. The mainstreaming strategy implies the integration
of  the  disability  perspective  into  every  stage  of  policy  processes  –  from  design  and
implementation to monitoring and evaluation – with a view to promoting equal opportunities
for  people  with  disabilities.  In  parallel  to  mainstreaming  disability,  persistent  inequalities
require  the  implementation  of  specific  actions  in  favour  of  people  with  disabilities.  Even  if
considerable progress has been made regarding the situation of people with disabilities, much
remains to be done and renewed efforts are needed. As employment remains the primary and
most  effective  way  of  creating  lasting  improvements  for  people  with  disabilities  and  of
achieving  their  full  social  inclusion,  special  attention  will  be  given  to  the  mainstreaming  of
disability  issues  in  employment  related  policies,  especially  in  education  and  lifelong
learning15, using all means through which the Commission has the possibility to act.

(cid:1)  Improving "Accessibility for all"

Mainstreaming  should  focus  in  particular  on  the  area  of  accessibility  and  should  be  clearly
linked  with  the  principle  of  Design  For  All.  Accessibility  to  goods,  services  and  the  built
environment is a central issue for people with disabilities which is also of concern to all EU
citizens. The Commission intends to promote the elaboration of European technical standards,
standardisation documents  and  other  more  general  guidelines  giving  technical  expression  to
the  concept  of  "Accessibility  for  all",  which  is  crucial  for  the  further  integration  of  people
with  disabilities  into  the  economy  and  society.  It  will  also  encourage  efforts  to  raise
awareness  among  standardisation  stakeholders  on  the  concept  of  "Accessibility  for  all"  and
the corresponding market opportunities.

15

Including education through sport, to which the 2004 European Year has been devoted.

13

                                                
***

In order to achieve the  above operational objectives, the Commission  will develop  a rolling
and  multi-annual  Action  Plan.  Based  mainly  upon  mainstreaming  within  various  EU  policy
areas, this Action Plan is defined  with a  time horizon of 2010.  A progressive  approach  will
allow  sufficient  time  for  challenging  actions  to  be  developed  over  the  medium-term  and  to
profit from initiatives taken within the Lisbon strategy.

The successive steps of  this Action Plan  will  be defined  and  supported  by  a  biennial  report
examining the overall situation of people with disabilities. The Commission commits itself to
producing  this  document  on  a  biennial  basis  in  order  to  report  specifically,  and  at  regular
intervals, on the overall situation of people with disabilities in the enlarged Europe. The report
will seek to provide a tool for all those to be involved in the policy decision-making process
to  increase  their  knowledge  and  awareness  of  the  situation  of  people  with  disabilities.  In
particular, this will lead to better determination of progress, identification of perspectives for the
coming years and examination of possible avenues for future policy development in the light
of  the  impact  of  EU  policies  on  the  situation  of  people  with  disabilities.  The  Report  will
therefore be used as a basis for identifying new priorities to be addressed in the next phases of
the Action Plan.

3.

THE EU DISABILITY ACTION PLAN

3.1.

The rationale

This  rolling  and  multi-annual  Disability  Action  Plan  will  allow  for 
the  planning,
implementation  and  follow-up  of  priority  actions  which  can  contribute  significantly  to
meeting  the  opportunities  and  challenges  signalled  above  as  regards  economic  and  social
integration,  equal  access  and  effective  participation.  Priority  actions  will  therefore  be
complementary  to  each  other  so  as  to  enable  a  coherent  set  of  activities  to  be  developed  at
EU, and national or decentralised level.

The first phase of this Action Plan will start at the end of the EYPD and will last two years,
over 2004 and 2005. It will concentrate on creating the conditions necessary to promote the
employment  of  people  with  disabilities  while  delivering  empowerment  in  this  regard.  By
creating such conditions and strengthening the rights-based approach, the results arising from
implementation  of  this  first  phase  will  reinforce  and  complement  Directive  2000/78/EC  on
equal  treatment  in  employment  and  occupation.  Therefore  priority  actions  will  address  the
various  stages  of  the  so-called  "employment  chain"  to  make  the  right  to  work  equally
accessible to people with disabilities.

The  Commission  has  identified  the  priority  areas  of  intervention  for  the  first  phase  of  this
Action Plan, which are grouped under the following four complementary pillars:

(cid:1)  Access to, and remaining in, employment.

(cid:1)  Lifelong  learning  in  support  of  employability,  adaptability,  personal  development  and

active citizenship of people with disabilities.

(cid:1)  Using  the  potential  of  new  technologies,  which  play  a  crucial  role  in  ensuring  equal

opportunities and mobility in the economy, in empowering people with disabilities.

14

(cid:1)  Accessibility to the public built environment, which is a pre-condition for participation in

the workplace and mobility in the economy and society.

The following sections contain a set of intended actions to address the outstanding challenges
and new needs for improving the  employment rate and the better integration of  people  with
disabilities  into  the  economy  and  into  society.  The  list  of  actions  is  a  non-exhaustive
illustration of the potential of the Action Plan. It should ensure full transparency concerning
the priorities and activities for 2004-2005.

3.2.

The first phase of the EU Disability Action Plan: 2004-2005

3.2.1.

Access to, and remaining in, employment

The impact of Directive 2000/78/EC of 27 November 2000 establishing a general framework
for  equal  treatment  in  employment  and  occupation  will  be  very  great.  It  will  require  major
changes  to  existing  rules  in  some  Member  States.  It  has  huge  implications  for  employers  -
public and private - and their employment practices towards people with disabilities, in view
of  the  provisions  on  "reasonable  accommodation".  It  is  therefore  important  that  the  key
players  -  policy-makers,  government  officials,  non-governmental  organisations,  employees,
and employers - are made aware of their new rights and responsibilities. The sensitisation of
political and public opinion is therefore central to ensuring the success of the Directive, and in
June  2003  the  Commission  launched  a  high  profile  information  campaign  in  all  Member
States to inform employers and employees of their new rights in the workplace.

Under  the  auspices  of  the  EYPD,  in  June  2003  the  Ministers  of  Social  Affairs  and
Employment  adopted  a  resolution  on  promoting  the  employment  and  social  integration  of
people  with  disabilities16.  The  resolution  calls  on  Member  States,  the  Commission  and  the
social partners17 to continue efforts to remove barriers to the integration and participation of
people  with  disabilities  in  the  labour  market,  by  enforcing  equal  treatment  measures  and
improving integration and participation at all levels of the educational and training system.

16

17

Council Resolution 2003/C 175/01 of 15 July 2003. OJ C 175 of 24.7.2003.
In the joint Declaration they issued as a contribution for the European Year of People with Disabilities,
the  European  inter-professional  Social  Partners  affirmed  their  commitment  to  giving  impetus  to  the
perception  of  the  occupational  integration  of  people  with  disabilities  as  a  shared  interest  by  both
enterprises and employees.

15

                                                
The  successful  implementation  of  the  Lisbon  agenda  calls  for  the  employment  policies  of
Member States to foster, in a balanced manner, three complementary and mutually supportive
objectives  of  full  employment,  quality  and  productivity  at  work,  and  social  cohesion  and
inclusion.  All  these  objectives  are  clearly  relevant  for  the  integration  of  people  with
disabilities into the labour market. In fact, one of the overarching objectives is the concept of
an inclusive labour market that demands the effective integration of disabled persons and all
people at a disadvantage.

In addition, the guidelines for Member States' employment policies18 in the revised European
Employment  Strategy  (EES)  provide,  on  the  priority  for  action  7,  for  the  promotion  of  the
integration  of,  and  the  combating  of  discrimination  against,  people  at  disadvantage  in  the
labour market, such as people with disabilities. In particular, policies will aim to achieve by
2010 a significant reduction in each Member State in the unemployment gaps for people at a
disadvantage,  according  to  national  definitions.  Given  the  clear  link  between  issues  of
concern to people with disabilities and the achievement of the three objectives of the "new"
EES, it will a top priority of this Action Plan to mainstream disability into employment policy
across  the  board.  Accordingly,  people  with  disabilities  will  also  be  supported  under  further
priorities,  notably  activation/prevention  and  labour  supply.  Member  States  are  called  on  to
explore the labour force potential of people with disabilities, taking into account the specific
situation of women with disabilities and of persons with intellectual disabilities.

Moreover, the European Social Fund mainstream programmes and the Community initiative
EQUAL, as the main financial tools through which the Community translates into action its
aims as regards  employment  of people  with disabilities, finance  a wide  range of actions for
the  integration  of  disabled  people  into  the  labour  market  and  test  innovative  approaches  on
specific  aspects  of  the  integration  into  the  labour  market.  In  the  framework  of  EQUAL's
thematic activities, five European Thematic Groups corresponding to its horizontal priorities
have  been  created:  Employability,  Entrepreneurship,  Adaptability,  Equal  Opportunities  and
Asylum  Seekers.  A  particular  focus  has  been  given  by  the  Employability  Thematic  Group
which has created a Working Group on Disability.

Nonetheless  special  needs  do  exist,  and  will  always  exist,  for  some  people  with  disabilities
and the Commission acknowledges that these needs must be met including, when necessary,
through  disability-specific  labour  market  policies.  Such  efforts  have  also  been  made  by  the
Commission in the context of Community competition policy. A Regulation on State Aid in
Employment was  adopted in November 200219, under which Member  States  may from  now
on grant aid for the creation of new jobs and for the recruitment of disabled workers without
having to seek the prior authorisation of the Commission. From now on, Member States may
assume  up  to  60  percent  of  one  year's  wage  cost  and  social  security  payments  should  a
company  recruit  a  disabled  worker,  and  aid  can  also  be  granted  to  compensate  for  reduced
productivity as well as for adaptation of premises and special assistance.

18

19

Council  Decision  2003/578/EC  on  guidelines  for  the  employment  policies  of  the  Member  States  of
22 July 2003. OJ L 197 of 5.8.2003.
Commission Regulation (EC) 2204/2002 in OJ L 337, page 3, published on 13 December 2002.

16

                                                
People  with  disabilities  should  receive  equal  treatment  at  work  and  this  includes  equality
regarding  health  and  safety  at  work.  People  with  disabilities  are  therefore  covered  by  the
European  occupational  health  and  safety  legislation.  The  legislation  should  be  applied  to
facilitate  the  employment  of  people  with  disabilities.  At  EU  level,  Directive  89/654/EEC20
provides,  at  points  20  and  15  of  annexes  I  and  II  respectively,  that  "workplaces  must  be
accommodated  to  take  account,  where  required,  of  the  needs  of  disabled  workers.  This
provision  applies  in  particular  to  the  doors,  passageways,  staircases,  showers,  washbasins,
lavatories  and  workstations  used  or  occupied  directly  by  disabled  workers".  In  addition  in
respect of "workplaces which have  been  subject, after 31  December  1992, to  modifications,
extensions and/or renovations, the employer must take the measures necessary to ensure that
such modifications, extensions or renovations conform to the minimum levels corresponding
to those described in the Annex I" (Article 5 of Directive 89/654/CEE).

The  framework  Directive  89/391/EEC21,  provides,  in  Article  8  for  the  obligation  for  the
employer to  take, while  carrying out their  assessment of  the  risks,  appropriate  measures  for
first aid, fire prevention and evacuation of workers. At the same time, Directive 89/654/EEC
contains  in  Annexes  I  and  II,  minimum  provisions  with  regard  to  corridors  and  emergency
exits as well as measures for the detection and prevention of fire.

In the light of these considerations the Commission will:

Anti-discrimination policy:

(cid:1)  Support  awareness-raising  on  Directive  2000/78/EC  of  27  November  2000
establishing  a  general  framework  for  equal  treatment  in  employment  and
occupation.

The revised European Employment strategy (EES):

(cid:1)  Closely monitor the implementation of the revised EES by the Member States and
encourage  them  notably  to  foster  better  access  to  active  labour  market  measures
for  people  with  disabilities;  to  improve  the  offer  of  personal  assistance  and
guidance  when  necessary;  to  intensify  the  fight  against  discrimination  on  the
labour  market;  to  avoid  benefit  traps;  to  promote  the  barrier-free  use  of  new
information  and  communication  technologies  and  to  improve  the  quality  of
learning, vocational training and access to employment.

(cid:1) 

In  this  context,  within  the  European  Statistical  System,  the  Commission  will
encourage  further  development  of  national  statistical  systems  where  required,  in
order to allow for better monitoring of disability issues in the EES paying special
attention to gender-specific data.

(cid:1)  Publish  a  working  paper  on  the  implementation  of  the  EES  with  respect  to
disabled persons. For each employment  guideline, attention will  be drawn  to  the
relevance for disabled  persons  and  good  practices  in  this  field  will  be  indicated.

20

21

Council  Directive  (EC)  89/654  of  30  November  1989  concerning  the  minimum  safety  and  health
requirements for the workplace (first individual directive in the meaning of Article 16 (1) of Directive
89/391/EEC), OJ L 393 of 30.12.1989.
Council  Directive  (CE)  89/391  of  12  June  1989  on  the  introduction  of  measures  to  encourage
improvements in the safety and health of workers at work. OJ L 183 of 29.6.1989.

17

                                                
This  paper  will  also  aim  at  contributing  to  the  reflections  on  disability
mainstreaming  within  the  Member  States  in  the  framework  of  the  Employment
Strategy.

The European Social Fund:

(cid:1)  Encourage  Member  States  to  take  into  consideration  the  needs  of  people  with
disabilities  in  the  activities  funded  by  the  European  Social  Fund  mainstream
programmes and the Community initiative EQUAL.

(cid:1)  Encourage  the  dissemination  of  good  practice  and  innovative  measures  on
employment/training  policies  for  people  with  disabilities  notably  under  the  ESF,
the  EQUAL  Community  initiative  and  in  the  framework  of  the  Peer  Review  on
employment policy, etc.

Social dialogue:

(cid:1)  Deepen  the  dialogue  with  the  social  partners  at  European  level  on  their
contribution  to  equal  opportunities  for  people  with  disabilities  in  the  labour
market;  in  particular,  encourage  the  social  partners  to  ensure  the  concrete
application of the recommendations made in their declaration of 20 January 2003,
"Promoting  equal  opportunities  and  access  to  employment  for  people  with
disabilities", and support initiatives within the sectoral social dialogue, such as the
voluntary  agreement  on  employment  of  people  with  disabilities  foreseen  in  the
commerce sector.

Corporate Social responsibility:

(cid:1)  Continue 

to  promote  awareness  and  dissemination  of  Corporate  Social
Responsibility  approaches  and  experiences  aiming  at  employing  disabled  people
the  Commission  Communication  on  Corporate  Social
as  proposed 
Responsibility22.

in 

Mainstreaming in Health and Safety:

(cid:1)  Ensure  that  the  needs  of  people  with  disabilities  are  taken  into  account  in  the

relevant EU initiatives on health and safety.

3.2.2.

Lifelong learning

Equipping  people  with  disabilities  with  all  available  knowledge  and  competencies  is  a  key
element  for  improving  access  to  employment,  combating  exclusion  and  improving  social
cohesion. This goes from basic education to other forms of lifelong learning opportunities: the
Joint Inclusion Report 2001 pointed to the increasing evidence that those disabled people who
are integrated into mainstream education throughout their youth are most likely to develop the
general and vocational key competencies necessary to succeed later in the labour market. In
particular,  access  to  mainstream  lifelong  learning  opportunities  in  the  EU  is  still  clearly
insufficient notably as regards disadvantaged groups, including people with disabilities.

22

COM(2002) 347.

18

                                                                                                                                                        
One  way  to  overcome  barriers  to  education,  training  and  lifelong  learning  for  people  with
disabilities can be the use of modern information and communication technologies (ICT) for
eLearning.23  The  Commission  proposal  for  an  eLearning  programme24  therefore  makes
specific reference to the needs of people with disabilities. Moreover, the Commission's Action
Plan  on  language  learning  and  linguistic  diversity25  proposes  to  collect  and  disseminate
information about good practice in the teaching of foreign languages to learners with special
needs.  The  EU  Action  Plan  on  skills  and  mobility26  points  out  that  Member  States  should
intensify  support  for  integrating  young  people  at  a  disadvantage,  particularly  those  with
disabilities  and  those  with  learning  difficulties,  into  their  education  and  training  systems.
Under the auspices of the European Year of People with Disabilities, the Education Council
has  adopted  a  resolution  on  equal  opportunities  for  pupils  and  students  with  disabilities  in
education and training27.

In the light of these considerations the Commission will:

EU Education, training and youth policies and programmes:

(cid:1)  In the context of the implementation of the work programme on the objectives of
education  and  training  systems28,  continue  to  give  high  priority  to  promoting  the
exchange of good practice and the identification of factors of success (or failure) in
relation to the integration of people with disabilities in education and training.

(cid:1)  Give  specific  attention  within  the  design  and  implementation  of  the  future
eLearning action programme (2004  – 2006)  to the  special  needs  that people with
disabilities  –  like  other  vulnerable  groups  –  might  have  in  order  to  develop  e-
Learning  for  all  citizens  allowing  for  full  participation  in  the  knowledge-based
society.

(cid:1)  The  PLOTEUS  information  system  on  lifelong  learning  opportunities  in  Europe
will  extend  information  for  people  with  disabilities  including  special  funding
opportunities in Member States.

(cid:1)  Support the  free  choice  of better training  and learning offers  by more specialised
lifelong  guidance  and  counselling  and  career  guidance  services  for  opening  up
non-traditional  labour  market  opportunities  and  all  non-work  related  learning
opportunities for people with disabilities.

(cid:1)  Give special attention to projects involving people with disabilities in the  current
Socrates, Leonardo and YOUTH programmes, making an evaluation of the impact
of  the  second  generation  of  programmes  on  lifelong  learning  opportunities  for
people  with  disabilities  in  Member  States,  disseminate  their  results  and  take  into
account the needs of people with disabilities in the design of the future generation

23

24

25

26

27

28

Please see: http://www.elearningeuropa.info/
Proposal  for  a  decision  of  the  European  Parliament  and  of  the  Council  adopting  a  multi-annual
programme (2004-2006) for the effective integration of Information and Communication Technologies
(ICT)  in  Education  and  Training  systems  in  Europe  (eLearning  Programme),  COM(2002)  751  final,
19.12.2002.
COM(2003)  449  final  of  24.7.2003:  Commission  Communication  promoting  Language  Learning  and
Diversity – An Action Plan 2004 -2006.
COM(2002) 72 final on the "Commission s Action Plan on skills and mobility".
Council Resolution of 5 May 2003. OJ C 134 of 7.6.2003.
COM(2001) 501 final of 7 September 2001.

19

                                                
of education and training programmes.

(cid:1)  Monitor the e-accessibility of websites and media produces for lifelong learning at

European level and in European programmes.

Research:

(cid:1)  Disseminate and make full use of research carried out under the Socrates and the
Leonardo  programmes and  within the 6th Framework Research  Programme  (6FP)
with regard to priority 7 "Citizens and Governance in a knowledge-based society"
that provides for valuable contributions to the debate on social inclusion and active
citizenship in the knowledge society including people with disabilities.

3.2.3. Using the potential of new technologies

Within accessibility related activities under the e-Europe 2002 action plan29, some important
results  have  been  achieved  and  have  to  be  followed-up.  The  Web  Accessibility  Initiative  –
Web  content  accessibility  guidelines  (W3C/WAI/WCAG-V1.0)30  for  public  Websites  have
been adopted by the Member States as proposed by the Commission31. The Council adopted a
resolution on e-accessibility in December 200232.

A  more  effective  co-ordination  of  policies  at  European  level  to  avoid  "info-exclusion",
through benchmarking and exchange of good practice between Member States, has also been
achieved  and  relevant  legislation  and  standards  to  ensure  conformity  with  accessibility
principles  have  been  reviewed.  A  Network  of  National  Centres  of  Excellence  (EdeAN)  in
Design-for-All (DfA) has been created and Design-for-All Standards, guidelines and support
material  for  accessibility  of  information  technology  products  are  available,  in  particular  to
improve  the  employability  and  social  inclusion  of  people  with  disabilities.  It  is,  however,
obvious that further improvement of accessibility of Websites and their related public services
and applications is essential for inclusion in society. Monitoring the progress of accessibility
based on a common methodology in order to obtain comparable data will be a key issue in the
future activities.

The  efforts  in  "eEurope  2005-  An  Information  society  for  all"33  will  be  directed  towards
ensuring  participation  and  equal  access  by  people  with  disabilities  and  other  groups  at  a
disadvantage  to  mainstream  developments  in  the  areas  of  modern  online  public  services,  e-
government,  e-learning,  e-health  and  creating  a  dynamic  and  accessible  e-business
environment. As enabler for these aims the eEurope 2005 initiative addresses the widespread
availability of broadband access at competitive prices and a secure information infrastructure.

29

30

31

32

33

"Council Resolution on the e-Europe Action Plan 2002, Feira, June 2000.
http://www.w3.org/TR/WCAG10/
Communication  COM(2001)  529  final;  supported  by  the  Council  and  the  European  Parliament  as
reflected in their resolutions (CR 7087/02, 20.3.2002 and EPR P5_TA (002) 0325, 13.6.2002; Council
Resolution  of  25.3.2002  on  the  eEurope  Action  Plan  2002:  accessibility  of  public  Websites  and  their
content, OJ C 86, 10.4.2002, p. 2.
Commission  staff  working  paper:  Delivering  e-accessibility.  Improving  disabled  people's  access  to
Information Society. SEC(2002) 1039 and Council Resolution "e-accessibility – improving the access
of people with disabilities to the Knowledge Based Society", 14680/02, OJ C 39, 18.2.2003, p. 3.
eEurope  2005:  An  information  society  for  all,  Action  Plan  May  2002  COM(2002)  263,  adopted  by
Sevilla European Council, 21-22 June 2002.

20

                                                
Developments  in  technology  -  particularly  information  and  communication  technology  -  offer
central opportunities in enabling people with disabilities to overcome functional limitations and
thus enhance their prospects for participation in society. However, people with disabilities can
also  face  additional  barriers.  The  proposed  actions  are  aimed  at  equalising  opportunities  by
empowering people with disabilities, i.e. to harness the information society and new technologies
for the benefit of all.

In the light of the above considerations the Commission will:

Information and Communication Technologies (ICT):

(cid:1)  Establish  an  international  dialogue  on  accessibility  concerns  and  guidelines,  in
particular  in  the  field  of  ICT,  and  hold  workshops  with  the  EU  and  industry  to
explore accessibility policy and legislative measures based on existing legislation
in  the  area  of  ICT  products  and  services  (awareness,  licensing,  procurement,
guidelines, standards, requirements etc).

eEurope 2005 Action Plan:

(cid:1)  Address  accessibility  as  a  horizontal  matter  in  eEurope  2005.  Awareness  raising
and  support  activities  will  be  developed:  a  toolkit  to  facilitate  the  inclusion  of
accessibility  requirements  for  Information  and  Communication  Technologies  in
public  procurement  calls,  accessibility  in  public  e-services,  accessibility  as  an  e-
skill.

Design For All, Assistive Technologies and standards on e-accessibility:

(cid:1)  Produce recommendations for the development and use of a European Curriculum
on "Design for All"  for  Information Society professionals, in particular designers
and  engineers.  The  Commission  will  specifically  support  the  EdeAN  network  of
excellence in Design for All.

(cid:1) 

(cid:1) 

In  addition,  further  efforts  will  be  undertaken  with  a  view  to  promoting  e-
accessibility standardisation, including Design for All and assistive technologies.

Issue awards in "Innovation in Design for All and Assistive Technologies".

(cid:1)  Establish  a  dialogue  with  producers  of  Assistive  Technology  and  encourage  the
creation  of  a  number  of  Assistive  Technology  Industry  Associations  that  would
allow for a more structured and coherent dialogue on a European level.

Reporting:

(cid:1) 

Issue  a  Web  accessibility  report  on  follow  up  and  implementation  of  the  WAI
guidelines  in  public  web  sites  and  will  continue  work  to  achieve  a  common
European  methodology  for  evaluation  of  accessible  web  sites  in  order  to  obtain
comparable data based on the W3C/WAI guidelines.

21

Research:

(cid:1)  Devote  30  million  Euro  to  a  call  for  projects  within  6th  Research  Framework
Programme34  related  to  accessibility  in  the  area  of  Barrier  free  technologies  and
empowering technologies in order to increase the autonomy of older persons and
people  with  disabilities  ensuring  equal  access  and  full  participation  in  the
Information Society35.

(cid:1)  Support the work and results of  the group  Inclusive Communication  INCOM  on
accessibility  for  people  with  disabilities  to  electronic  communications  services
leading to a report with short and long term targets.

3.2.4.

Accessibility to the public built environment

Specific advantages  are obtained  when the  design  and  construction  of  buildings  follows  the
principle  of  universal  design  (design-for-all)36.  Notably,  better  and  effective  access  to  the
workplace will empower workers with disabilities to sustain their access to the labour market
and enable them to make a valuable contribution to the economy and to society.

Moreover,  including  accessibility  at  the  initial  planning  stage  is  cost-effective  and  amply
rewarded  by  the  resulting  economic  advantages.  A  fully  accessible  building  is  flexible,
sustainable -i.e. it can adapt to changing needs throughout its occupants' lives -and therefore
may fetch greater market value than one that is not. Furthermore, accessibility helps cut costs
entailed  by  the  still  large  number  of  fall  injuries  and  fatalities  linked  to  poorly  accessible
environments, notably at the workplace.

Accessible leisure and cultural facilities also have great relevance to improved quality of life
and better participation in the social and cultural world as is recognised by the Council in its
Resolutions of 6 May 200337 on accessibility of cultural infrastructure and cultural activities
for people with disabilities; and of 21 May 200238 on the future of European tourism, in which
the Commission, the Member States and other stakeholders are exhorted to strengthen efforts
to facilitate accessibility to tourist sites for people with disabilities.

Finally,  the  Commission  "White  Paper  on  European  Transport  Policy  for  2010:  a  time  to
decide"39 recognises that accessible public transport is an integral part of accessibility in the
wider  sense.  The  Commission  will  therefore  promote  increased  use  of  accessible  public
transport, which is an important contribution to the ability to work.

34

35

36

37

38

39

Decision No 1513/2002/EC of the European Parliament and of the Council of 27.6.2002 concerning the
sixth framework programme of the European Community for research, technological development and
demonstration activities, contributing to the creation of the European Research Area and to innovation
(2002 - 2006), OJ L 232, 29.8.2002, p. 1.
IST workprogramme 2003-2004, www.cordis.lu
Council of Europe Resolution of 15.2.2001 on the introduction of the principles of universal design into
the curricula of all occupations working on the built environment.
OJ C 134, 7 June 2003.
OJ C 135, 6 June 2002.
COM(2001) 370 final.

22

                                                
In the light of these considerations and taking into account the recommendations made by the
Group  of  independent  experts  on  accessibility  to  the  built  environment,  set  up  by  the
Commission  under  the  auspices  of  the  European  Year  of  People  with  Disabilities,  the
Commission will:

Accessibility to the built environment:

(cid:1)  Promote  the  principle  of  Design  for  All  in  all  relevant  Community  policies  on

accessibility to the built environment.

(cid:1)  Consider the development of adequate  European standards in  all areas related to
the  built  environment,  including  planning,  design,  construction  and  use  of
buildings, and safety evacuation procedures for people with disabilities.

(cid:1)  Promote  better  education  in  accessibility  issues  in  schools,  and  by  the
development of accessibility courses for building professionals such as architects.

(cid:1)  Promote  the  exchange  of  information  and  dissemination  of  best  practice  on

accessibility issues between towns.

Legislation:

(cid:1)  Review  the  essential  requirements  laid  down  in  Directive  89/106/EEC  on
Construction  Products  to  include  provisions  on  accessibility  for  all  and  in
particular,  will  consider  a  proposal  to  develop  a  7th  essential  requirement  on
accessibility  to  make  the  Directive  more  effective  and  more  precise  about  the
needs of users with different disadvantages.

Mainstreaming:

(cid:1)  Promote  the  inclusion  of  accessibility  provisions  in  public  procurement  policies,

and in the allocation of Structural Funds at national and regional levels.

Studies:

(cid:1)  Take follow up action on the study on Harmonised Criteria for Good Accessibility
of  Tourist  Sites  and  infrastructures  for  people  with  disabilities,  and  consider  the
most appropriate measures  for  making tourist  facilities  accessible to  people  with
disabilities throughout the European Union.

(cid:1)  Consider  the  results  of  the  study  of  Urban  Transport  for  people  with  reduced
mobility  with  the  intention  of  identifying  barriers  to  accessibility  that  exist  in
urban transport systems.

Research:

(cid:1)  Under 

the  framework  of 

the  6th  Community  Research  Programme, 

the

Commission will:

– 

initiate a study aimed at producing a detailed decision-support tool for use in
the evaluation of building design, on the universal design, or 'design-for-all'
principle, which will take account of the needs of people with disabilities in

23

the built environment, notably as regards the work-place;

– 

issue  new  calls  for  research  proposals:  to  finance  research  networks  to
analyse accessibility issues in a broad sense (including the financial barriers
to participation for people with disabilities) and initiate a project to develop
indicators to measure accessibility to the built environment.

4.

MONITORING AND STRUCTURES FOR FOLLOW-UP

4.1.

Improve executive capacity

4.1.1.

Reinforcing Commission structures

The  Commission  Disability  Inter-Services  Group  will  be  tasked  with  pushing  forward  the
Action Plan process and monitoring the mainstreaming activities of the various Commission
departments.  It  will  also  contribute  to  the  elaboration  of  tools  for  mainstreaming  disability
issues, in particular for operational implementation and evaluation, including  the  training of
Commission  policy  desk  officers,  etc.  The  Inter-Services  Group  will  report  progress  to  the
Group of Commissioners on Equal Opportunities.

4.1.2.

Strengthening co-operation with Member States

The EU Disability High Level Group,  which is an expert group chaired by the Commission
and gathering Member States governmental disability experts, will be given a mandate in line
with  the  impetus  of  the  present  Communication.  The  Group  will  be  tasked  to  support  the
development of synergies among disability policies at EU level, and will discuss the regular
disability  Report.  With  this  objective  in  mind,  this  Group  of  High  Level  experts  should
exchange  information,  allow  for  the  exchange  and  possible  transfer  of  ideas  and  good
practices,  namely  in  the  field  of  mainstreaming  disability  issues,  and  gain  experience  of
disability issues in the new Member States.

4.1.3. Maximising co-operation with other international organisations or agencies

Key  actors  in  this  regard  include  the  United  Nations,  including  the  International  Labour
Organisation  and  the  World  Health  Organisation,  the  Council  of  Europe,  the  OECD,  the
European Agency for Safety and Health at Work, the European Standard Organisations (CEN,
CENELEC, ETSI), the European Special Needs Education Agency, the European Foundation for
the Improvement of Living and Working Conditions. Co-operation with these organisations will
be  reinforced  in  order  to  build  mutually  rewarding  relationships  and  to  benefit  from  their
expertise and their think-tank work. On the United Nations Convention, the full involvement of
the Community, together with the Member States, in the negotiations of the Convention would
confirm the EU efforts with regard to disability at international level.

4.2.

Strengthening governance

4.2.1. Deepening co-operation with NGOs

Existing  forms  of Commission-NGO  co-operation  and  partnership,  such  as  with  the  European
Disability  Forum,  will  be  the  basis  for  enhancing  dialogue  on  policies,  improving  mutual
information and developing co-operation.

24

The Commission also proposes that the High Level Group holds meetings at least once a year,
with the representatives of people with disabilities such as the European Disability Forum, as
well  as  with  the  representatives  of  the  other  various  stakeholders  involved  in  the  field  of
disability  such  as  the  Platform  of  European  Social  NGOs,  the  representatives  of  families  of
people  with  disabilities,  the  European  Women's  Lobby,  the  European  Association  of  Service
Providers and the European Platform for Rehabilitation. Such an exchange of views between the
High Level Group and civil society can only but increase the EU ability to understand and take
into consideration the varying circumstances of people with disabilities.

4.2.2.

Inviting  social  partners  to  make  a  full  contribution  to  promoting  equality  for
disabled people

It is particularly necessary to improve the participation of people with disabilities in employment
by  promoting  the  implementation  of  the  success  factors  established  in  the  Declaration  of  the
social partners  for  the  European  Year  of  People  with  Disabilities;  and  to  assess  the  impact  of
their  framework  agreements  on  people  with  disabilities  with  the  objective  of  including  more
people with disabilities in their organisations, and thereby increasing the representation of people
with disabilities.

4.2.3.

Reporting to the institutions and bodies of the EU

The  Commission  will  encourage  inter-institutional  co-operation  amongst  EU  institutions  and
bodies in order to facilitate and enhance the integration of a disability perspective in all relevant
Community policies. In particular, the Commission will deepen its dialogue with the European
Parliament  Committee  on  Employment  and  Social  Affairs  as  well  as  with  the  EP  Disability
Intergroup,  which  both  play  an  important  role  in  raising  issues  of  concern  to  people  with
disabilities.

25

4.3.

The EU report on the situation of people with disabilities

4.3.1.

A biennial report on the overall situation of people with disabilities in the enlarged
European Union

The  Commission  Disability  Report  will  draw  specific  attention  to  efforts  of  Community
policies to promote equal opportunities for people with disabilities and will collect disability-
targeted  contributions  from  Member  States  presenting  what  they  have  achieved,  namely  as
regards  the  integration  of  a  disability  perspective  in  all  relevant  national  policies.  These
contributions  could  notably  build  upon  National  Action  Plans  for  employment  and  social
inclusion. Particular attention will be dedicated to better identifying the situation, trends and
policy issues relating to disability in the new Member States. The Commission will compile
these public reports every two years and following a structure established with Member States
and  representatives  of  people  with  disabilities.  The  Commission  hopes  to  publish  the  first
such report on 3 December 2005, for the European Day of People with Disabilities.

4.3.2. Developing context indicators, collecting data and research

Assessing  the  effectiveness  of  disability  policies  is  hampered  by  a  lack  of  data  and
quantitative  and  qualitative  evaluation  of  outcomes.  This  makes  it  vital  to  develop  context
indicators, which are comparable across Member States. Maximum use should also be made
of  sources  and  structures  of  the  European  Statistical  System,  in  particular  through
development  of  harmonised  survey  modules,  to  acquire  the  internationally  comparable
statistical information needed for monitoring progress towards the objectives set. More efforts
should be made at EU and national level to develop indicators and improve the collection of
comparable data.

The  European  Commission  also  promotes  research  activities  primarily  with  a  view  to
addressing  gaps  in  knowledge  and  to  increasing  multidisciplinary  approaches  in  the  area  of
disability.

4.3.3.

Evaluating the EU Action Plan

The  EU  Disability  Action  Plan  has  been  defined  with  the  time  horizon  of  2010.  The
Commission intends to proceed with a first  evaluation of its results at mid  point in the  year
following its first two editions, that is, in 2008.

26