Proposal for a Council Decision on the signing, on behalf of the European Community, of the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol
Date: 2007-02-27
Institutions: European Commission
Subjects: European Community, UN convention, disabled person, fundamental rights, integration of people with disabilities, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.2.2007 
COM(2007) 77 final 

Proposal for a  

COUNCIL DECISION  

on the signing, on behalf of the European Community, of the United Nations Convention 
on the Rights of Persons with Disabilities and its Optional Protocol  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In response to the Commission's recommendations, the Council authorised the Commission to 
negotiate,  in  respect  of  matters  for  which  the  Community  is  competent,  the  draft  United 
Nations Convention on the Rights of Persons with disabilities1. 

Negotiations  were  concluded  at  the  eighth  session  of  the  Ad  Hoc  Committee  established  to 
negotiate the Convention held in New York from 14 to 25 August 2006. During this session 
the decision was taken to supplement the Convention with an Optional Protocol dealing with 
individual communications and an inquiry procedure. Both instruments were approved at the 
resumed eighth session of the Ad Hoc Committee on 5 December 2006. 

The United Nations General Assembly adopted both texts on 13 December 2006. They will 
be open for signature as from 30 March 2007 in New York. 

One of the most important negotiating directives given by the Council to the Commission was 
preparing  for  the  accession  of  the  Community  to  the  Convention  and  its  Protocol,  given 
Community  competence  for  certain  aspects  of  the  instruments  in  question.  The  draft 
Convention and Protocols resulting from the Commission's negotiations provide that regional 
integration organisations, and hence the European Community, may become members. 

As  regards  the  other  aspects  of  the  negotiations,  the  objectives  set  by  the  Council  in  its 
directives were also attained.  

The Commission ensured that the provisions of the Convention are in line with relevant EU 
legislation and jurisprudence, for example the definitions of discrimination as well as the non 
discrimination  in  employment.  In  this  respect,  it  is  worth  noting  that  denial  of  reasonable 
accommodation  is  now  internationally  recognised  as  a  form  of  discrimination.  Disability  is 
defined against a set of criteria which both reflect the social model of disability and the recent 
ECJ jurisprudence on the definition of disability (case C-13/05).  

As  some  States  have  stated  that  they  will  sign  the  instruments  as  soon  as  they  have  been 
opened for signing in New York, the European Community should be in a position to sign as 
well.  To  that  end,  the  Presidency  of  the  Council  must  designate  the  persons  empowered  to 
sign the Convention on the Rights of Persons with Disabilities and its Optional Protocol on 
behalf of the European Community. 

The  proposal  for  a  Council  decision  presented  by  the  Commission  contains  a  sole  Article 
authorising  the  President  of  the  Council  to  designate  the  persons  empowered  to  sign,  on 
behalf of the European Community, the Convention on the Rights of Persons with Disabilities 
and its Optional Protocol. 

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Decision of 24 May 2004 

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Proposal for a  

COUNCIL DECISION  

on the signing, on behalf of the European Community, of the United Nations Convention 
on the Rights of Persons with Disabilities and its Optional Protocol  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles 13 and 95, read in conjunction with the second sentence of the first subparagraph of 
Article 300(2) thereof; 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  Commission  has  negotiated,  on  behalf  of  the  Community,  the  accession  of  the 
Community  to  the  United  Nations  Convention  on  the  Rights  of  Persons  with 
Disabilities and its Optional Protocol. 

Negotiations  were successfully  concluded and the resulting instruments  will  be  open 
for signing by the States and, within their areas of competence, by regional integration 
organisations at the United Nations headquarters in New York on 30 March 2007. 

The Member States having stated that they will sign the instruments as soon as they 
are open for signature in New York, the European Community should also be able to 
sign, 

Subject  to  its  possible  conclusion  at  a  later  date,  the  Convention  and  its  Optional 
Protocol should be signed on behalf of the Community; 

HAS DECIDED AS FOLLOWS: 

Sole Article 

(1) Subject to its possible conclusion at a later date, the President of the Council is authorised 
to  designate  the  persons  who  are  empowered,  on  behalf  of  the  Community,  to  sign  the 
Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto. 

(2) The text of the Convention and its Optional Protocol, are attached to this Decision. 

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Done at Brussels,  

For the Council, 
The President 

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