15 UN Convention on the Rights of Persons
with Disabilities
| Committee's assessment
| Legally and politically important |
| Committee's decision | Not cleared from scrutiny; further information requested
|
| Document details | Commission Staff Working Document on the implementation of the UN Convention on the Rights of persons with Disabilities by the European Union
|
| Legal base | —
|
| Department | Work and Pensions
|
| Document number | (36239), 9943/14, SWD(14) 182
|
Summary and Committee's conclusions
15.1 The United Nations Convention on the Rights of Persons with
Disabilities (CRPD) came into force in 2008. It is a wide ranging
multilateral treaty which identifies the human rights of disabled
people as well as establishing obligations for its Parties to
promote, protect and enable disabled people to access those rights.
Both the EU and its Member States have acceded to the Convention
as it covers matters for which, variously, competence is exclusive
to the EU, its Member States, or shared between them.
15.2 The CRPD requires its Parties to submit periodic reports
on measures taken to give effect to its obligations. This Report
describes EU competence and the action taken by the EU in respect
of the substantive obligations of the CRPD.
15.3 In view of the breadth of the CRPD the Council Decision enabling
the EU to accede to it[87]
established a Declaration of Competence. It also designated the
Commission to be the focal point for matters relating to EU implementation
and required a Code of Conduct to be established to set out the
details of how this function of focal point would work.[88]
15.4 The Government believes "that the Commission's analysis
of competence set out in this report is, at the high level referenced,
in keeping with the proper division of competence" between
the EU and Member States, but identifies six areas of detail for
which further clarification or explanation is required from the
Commission.
15.5 It makes no comment on the descriptions of EU actions.
15.6 The descriptions of EU competence provided by the Commission
in this Report are important as this will become a public document
and therefore a point of reference. It is therefore important
that they should be both clear and accurate.
15.7 We therefore ask the Minister (Mr Mark Harper) to clarify
what scope there is to amend the Report to address the concerns
raised by the Government, given that he indicates that the Report
is subject to agreement by the Council although there is not any
provision for this in the Code of Conduct. We also ask to be informed
of any changes there may be to the text.
15.8 We also ask whether the Minister is satisfied that that
the Report provides a fair reflection of EU implementation of
the Convention and whether he is satisfied that the EU has fully
complied with the substantive requirements of the Convention.
Full details of
the documents: Report
on the implementation of the UN Convention on the Rights of Persons
with Disabilities (CRPD) by the European Union: (36239), 9943/14,
SWD(14) 182.
The Explanatory Memorandum and letter of 3 September
2014
15.9 In his letter the Minister apologises for the
delay in submitting an Explanatory Memorandum.
15.10 The Explanatory Memorandum indicates that the
Report covers the period January 2011 (the date of EU accession
to the CRPD) to December 2013. It can be divided into six sections:
· Introduction,
background and the EU's legal framework;
· Information
on the implementation of the general provisions;
· Information
relating to specific rights;
· Information
on disabled children and women;
· Information
relating to specific obligations;
· Information
relating to the EU public administration's implementation.
15.11 The Minister highlights the areas where further
clarification or explanations are needed from the Commission by
reference to the paragraphs of the Report:
"Risk and humanitarian emergency (para 66)
states that 'The EU is the world's biggest donor of humanitarian
aid.' This is incorrect. The EU and its Member States donations
added together are the world's biggest donor.
"Living independently in the community (para
93 onwards) does not fully explain the basis on which it is claimed
that the Union has shared competence in this area. In the government's
view it is more accurate to characterise this as an area of predominantly
exclusive Member State competence or supporting competence, with
elements of relevant shared competence.
"Development cooperation, humanitarian aid
and research and technological development (para 65 onwards) is
correct in stating that the EU shares competence in these areas
with Member States, but does not make it clear that unlike other
areas of shared competence, EU action in this area does not preclude
MS action, as set out in Articles 4(3) and (4) TFEU.
"Protecting the integrity of the person (para
86 onwards) is correct in that the EU has shared competence on
common safety concerns in public health matters under Article
4(2)(k) and Article 168(4). However, by virtue of Article 168(4)
these are limited to the specific areas of: setting minimum standards
in relation to the quality and safety of organs and substances
of human origin, measures in the veterinary and phytosanitary
fields and measures setting standards of safety for medicines
and medical devices.
"Health (para 130 onwards) we agree that the
EU has supporting competence in respect of the protection and
improvement of public health under Article 168 However, there
is also shared competence in relation to certain quality and safety
standards under A168(4) and patients' rights in cross-border healthcare
under Article 114.
"Personal Data Protection (para 113 onwards),
we agree that Article 16 TFEU provides a specific legal basis
for the adoption of rules on the protection of personal data processed
by EU institutions, bodies, offices and agencies and by the Member
States when carrying out activities that fall within the scope
of Union law. However this only applies to personal data which
falls within the scope of the EU."
15.12 At to future action the Minister indicates
that:
"In line with UK policy to raise competency
issues as they arise, we will write to the Commission to raise
their awareness of these issues (as well as other areas where
there is a lack of clarity) and remind them of the importance
of clearly presenting competence levels.
"Once agreed by the Council the report will
be submitted to the UN Committee on the Rights of Persons with
Disabilities. It will then become a public document. In due course
the EU will be subject to a UN examination process, including
an oral hearing, in the same way as other Member States. The timetable
for that process is not clear as the Committee currently has a
backlog of 40 State reports to consider.
"We will continue to keep a close eye on
any Commission communications relating to the CRPD to ensure that
they do not declare a degree of competence beyond that which the
EU holds."
Previous Committee Reports
None.
87 Council Decision 2010/48. Back
88
2010/C 340/08. Back
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