92000E4130

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 disability and thus eligibility for disability cards 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.