An important tool to advance social protection for disadvantaged groups is the so-called Open Method of Coordination (OMC). This is a means of voluntary cooperation between the Member States in different areas. The OMCs are based on soft-law mechanisms, such as guidelines, indicators and sharing of best practice, elaborated by the Social Protection Committee, which consists of representatives from Member States.58 The Social Protection Committee publishes annual reports on the social situation in the EU. The reports always include the available information on the situation of persons with disabilities.59
Nr
|
Title of instrument
|
Type of instrument
|
Relevant Arts
|
Remarks
|
CRPD Art(s)
|
LEGAL INSTRUMENTS
|
06.01
|
83/516/EEC: Council Decision of 17 October 1983 on the tasks of the European Social Fund
|
Legislative act
|
Art 4(2) section c
|
The promotion of employment of people with disabilities is laid down as an objective that can be financed by the fund.
|
27
28
|
06.02
|
Council Directive 96/97/EC of 20 December 1996 amending Directive 86/378/EEC on the implementation of the principle of equal treatment for men and women in occupational social security schemes
|
Legislative act
|
Art 3
|
The Directive applies to those members of the working population, whose activity is interrupted by illness or accident, as well as disabled workers, among others.
|
27
28
|
06.03
|
Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity
|
Legislative act
|
Art 5
|
Differentiated rates of taxation may be applied by Member States for use of energy by/for people with disabilities.
|
28
|
06.04
|
Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems
|
Legislative act
|
Art 3
|
Invalidity benefits are covered by the Regulation.
|
28
|
06.05
|
Council Decision of 12 December 2005 adopting the rules laying down the procedure for granting financial aid to supplement the pension of a surviving spouse who has a serious or protracted illness or who is disabled (2006/6/EC, Euratom)
|
Legislative act
|
All
|
Provides for supports for the surviving spouses of EU civil servants.
|
28
|
06.06
|
Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax
|
Legislative act
|
Art 98; Annex II, (4);
Art 106 Annex IV (4);
Arts. 370,371 and 375-380 Annex X (5)
|
Provisions grant exemptions allowing Member States to apply alternative (reduced) VAT rates on certain goods/services with regard to people with disabilities and transactions made by blind people.
|
9
28
|
06.07
|
Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road
|
Legislative act
|
Art 3
|
Enables Member States to maintain or set tariff ceiling for the benefit of (among others) people with disabilities with regard to public service contracts with operators.
Provision only creates a possibility, not an obligation, for maximum tariffs.
|
28
|
06.08
|
Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services
|
Legislative act
|
Art 1, section 14
|
Provision allows Member States to maintain or introduce free postal services for the benefit of people with visual handicaps.
|
28
|
06.09
|
Regulation (EC) No 987/2009 of the European Parliament and of the Council of 26 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on coordination of social security systems
|
Legislative act
|
Art 2.1
|
The principle of e-accessibility for disabled and elderly persons is to be taken into account in exchanges between Member States’ authorities and persons covered by the Regulation.
|
9
|
06.10
|
Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC
|
Legislative act
|
Art 3(7)
|
Member States shall protect ‘vulnerable customers’ (who must be defined at the national level) from energy poverty, especially in critical times.
|
28
|
06.11
|
Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC
|
Legislative act
|
Art 3(3)
|
Member States shall protect ‘vulnerable customers’ (who must be defined at the national level) from energy poverty, especially in critical times.
|
28
|
06.12
|
Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC
|
Legislative act
|
Art 14
|
Allows the Member States to reserve the right to participate in contract award procedures to sheltered workshops or provide for such contracts to be performed in the context of sheltered employment programmes where most of the employees concerned are handicapped persons.
|
27
28
|
06.13
|
Regulation (EC) No 988/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of Annexes
|
Legislative act
|
|
The Regulation covers disability allowances, among others.
|
28
|
OTHER INSTRUMENTS
|
06.14
|
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 'A renewed commitment to social Europe: Reinforcing the Open Method of Coordination for Social Protection and Social Inclusion' COM(2008)418
|
Non-binding act
|
|
Strengthens the Social OMC by improving its visibility, working methods and interaction with other policies, reinforcing its analytical tools and evidence base, and enhancing ownership in Member States. Presents evidence that, despite the overall usefulness of the OMCs, more needs to be done to implement them in practice.
|
28
|
06.15
|
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘Towards Social Investment for Growth and Cohesion – including the implementing the European Social Fund 2014 – 2020’, COM(2013)83
|
Non-binding act
|
|
Provides a policy framework for redirecting Member States’ policies towards social investment throughout life, with a view to ensuring the adequacy and sustainability of budgets for social policies and for the government and private sector as a whole.
|
28
|
06.16
|
2013/112/EU: Commission Recommendation of 20 February 2013 “Investing in Children: breaking the cycle of disadvantage”
|
Non-binding act
|
|
Includes children with disabilities among the groups that are at risk due to multiple disadvantages.
|
7
28
|
06.17
|
Resolution of the European Parliament of 4 July 2013 ‘Impact of the crisis on access to care for vulnerable groups’ T7-0328/2013
|
Political act
|
|
Highlights the impact of the austerity measures on reducing access to and quality of care for persons. Stresses that the withdrawal of care can be considered a violation under Art 19 CRPD and the European Disability Strategy
|
19
28
|
