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(1) In order to strengthen the exercise of the free movement rights of persons with disabilities and to enhance the possibilities for persons with disabilities to travel to or visit another Member State for a short stay, Directive (EU) 2024/2841 of the European Parliament and of the Council establishes the framework of common rules and conditions, including a common standardised and accessible format, for a European Disability Card as proof of a recognised disability status or of an entitlement to specific services based on a disability, for accessing, on equal terms and conditions, any special conditions or preferential treatment offered by public authorities or private operators in a variety of services, activities or facilities, including where not provided for remuneration, and for a European Parking Card for persons with disabilities, as proof of their recognised right to parking conditions and facilities reserved for persons with disabilities in a Member State other than that in which they reside.

(2) Article 79 of the Treaty on the Functioning of the European Union (TFEU) provides that the Union’s action is to aim to ensure, inter alia, the fair treatment of third-country nationals legally residing in Member States. On that basis, a set of rules should be laid down specifying the rights for which equal treatment between the beneficiaries of Directive (EU) 2024/2841 and such third-country nationals is provided.

(3) In accordance with Article 67(2) TFEU, stateless persons are to be treated as third-country nationals for the purposes of this Directive.

(4) In order to strengthen respect for equal treatment, inclusion and non-discrimination, including in relation to the relevant obligations under international law, with regard to persons with disabilities who are third-country nationals legally residing in a Member State and who are not beneficiaries of Directive (EU) 2024/2841, and to guarantee the recognition of their disability status or entitlement to specific services based on a disability across the Union, thus also ensuring effective and full participation and inclusion in society of such persons on an equal basis with Union citizens, it is necessary to apply the rules, rights and obligations laid down in Directive (EU) 2024/2841 to persons with disabilities who are third-country nationals legally residing in a Member State and whose disability status or entitlement to specific services based on a disability has been recognised by that Member State, as well as, where applicable, to persons accompanying or assisting them including personal assistants, or to assistance animals. For instance, third-country nationals who are beneficiaries of temporary protection under Council Directive 2001/55/EC or beneficiaries of international protection under Regulation (EU) 2024/1347 of the European Parliament and of the Council , should be covered by this Directive, provided that they are legally residing in a Member State and that their disability status or entitlement to specific services based on a disability has been recognised by that Member State.

(5) All the provisions in Directive (EU) 2024/2841 should, by virtue of this Directive, be applicable mutatis mutandis to third-country nationals falling within the scope of this Directive.

(6) In particular, while this Directive should not affect the applicable Union rules governing mobility across the Union of third-country nationals legally residing in a Member State, by ensuring mutual recognition of their disability status or entitlement to specific services based on a disability across Member States, this Directive could facilitate the exercise of the right of those persons to move or travel across the Union provided that they already have such a right to mobility. When such third-country nationals holding a European Disability Card or a European Parking Card for persons with disabilities move or travel legally across the Union, they will benefit from the mutual recognition rights under this Directive.

(7) Therefore, Member States should take all the necessary measures to ensure that the rules set out in Directive (EU) 2024/2841 governing the European Disability Card and the European Parking Card for persons with disabilities as proof, respectively, of a recognised disability status or of an entitlement to specific services based on a disability, and of their recognised right to parking conditions and facilities reserved for persons with disabilities, providing access, on equal terms and conditions, to any special conditions or preferential treatment with respect to services, activities or facilities, including where not provided for remuneration, and to parking conditions and facilities offered to or reserved for persons with disabilities, as well as, where applicable, to persons accompanying or assisting them including personal assistants, regardless of their nationality, or to assistance animals, equally apply to third-country nationals legally residing in a Member State. Providing rights to such third-country nationals to access special conditions or preferential treatment, or parking conditions and facilities reserved for persons with disabilities in the same way as those provided for the beneficiaries of Directive (EU) 2024/2841 does not affect the rules on the admission of third-country nationals to the territory of Member States.

(8) Member States are encouraged to provide information in accordance with Directive (EU) 2024/2841 to third-country nationals with disabilities covered by this Directive in a language that they can understand or that they are reasonably expected to understand.

(9) Third-country nationals with disabilities are at a heightened risk of being subject to multiple forms of discrimination. Moreover, the United Nations Convention on the Rights of Persons with Disabilities states that women and girls with disabilities are subject to multiple forms of discrimination, and provides for States Parties to take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms. It also recognises the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status.

(10) The obligations of the Commission pursuant to Article 20 of Directive (EU) 2024/2841 should also cover third-country nationals falling within the scope of this Directive. The Commission report referred to in that Article should include an analysis of specific situations of disadvantage resulting from intersectional discrimination, which is understood as discrimination based on a combination of disability and any other grounds protected under Council Directive 79/7/EEC , 2000/43/EC , 2000/78/EC or 2004/113/EC , with a particular focus on women and girls with disabilities.

(11) In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union (TEU) and to the TFEU, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Directive and is not bound by it or subject to its application.

(12) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application.

(13) Since the objective of this Directive, namely to extend the rules, rights and obligations laid down in Directive (EU) 2024/2841 to persons with disabilities who are third-country nationals legally residing in a Member State and who are not beneficiaries of Directive (EU) 2024/2841, as well as to persons accompanying or assisting them including personal assistants, or to assistance animals, thereby also facilitating their possibilities to move or travel to other Member States, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action establishing a framework of common rules and conditions, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,