Brussels, 30 November 2017
WK 12583/2017 REV 2
LIMITE
AG
PE
WORKING DOCUMENT
From:
Presidency
To:
Delegations
N° prev. doc.:
14743/15 PE 184 INST 428 JUR 753 FREMP 281
7038/16 JUR 114 INST 96 FREMP 48 PE 36 AG 3
Subject:
Proposal for a Council Decision adopting the provisions amending the Act
concerning the election of the members of the European Parliament by direct
universal suffrage (the 'Electoral Act')
Further to the meetings of the Working Party on General Affairs held on 10 and 23 November 2017 and
with a view to finalising discussions at the meeting on 1 December 2017, delegations will find attached a
second revised version of the overview of the discussions held in the Council since December 2015 on the
above-mentioned EP's proposal. Without prejudice to the principle that 'nothing is agreed until everything
is agreed', the state of play on individual provisions (as of November 2017) is also indicated.
Annex I includes a general overview of the discussions in the Council which the Presidency intends
to present to COREPER and subsequently to the European Parliament. Annex II presents a detailed
description of the discussions and forms the basis for the general overview given in Annex I. Changes,
compared to the first revision, in Annexes I and II, are highlighted in
bold underlined. The latest
Presidency drafting suggestions for each article are set out in Annex III.
WK 12583/2017 REV 2
LIMITE
EN
ANNEX I
General overview of the discussions held in the Council on the EP's proposal for amending the
Electoral Act (as of November 2017)
1. During discussions in the Council since December 2015, delegations have voiced support for
the general aim of the Parliament's proposal to enhance public interest and voter turnout in the
EP elections.
2. Throughout the discussions a number of delegations stressed the importance of respecting the
constitutional and electoral traditions of the Member States, as well as the principles of
subsidiarity and proportionality, when discussing European electoral reform. It was pointed out
that Article 8 of the current Electoral Act leaves any matters pertaining to the electoral
procedure which are not regulated in this act for Member States to decide. Delegations
therefore generally took the view that harmonisation should only be pursued in case of strict
necessity and after rigorous examination of the added value it would bring. They also
considered that, in some cases, the Parliament's proposals did not meet these criteria to a
sufficient extent.
3. Regarding some specific elements of the proposal, delegations have stressed the importance of
avoiding 'double voting' by EU citizens in several Member States and agreed on the desirability
of increased transparency and awareness regarding the European character of the EP elections.
In this context, they discussed among other issues how Member States could help to create
'common momentum' at the end of the EP elections and supported the idea of better
coordinating the communication of the results of elections, while avoiding a formalised and
possibly bureaucratic approach.
4. As regards the affiliation of parties and candidates to European political parties, after detailed
discussions delegations took the view that it was above all for the candidates and parties
themselves to provide any such information, without interference from the public authorities,
which should uphold their freedom of association and freedom of expression, as well as media
freedom, in particular in the sensitive context of the electoral debate.
5. In a similar vein, there has been general support among the delegations for the aims pursued by
the Parliament in terms of increased participation of women in political decision-making, and
the selection of candidates via transparent and democratic procedures. However, delegations
have also highlighted the need to protect the autonomy of political parties and the freedom to
stand for elections. Moreover, some doubts were expressed as to the possibility of regulating
such matters under Article 223(1) TFEU, which focuses on the electoral procedure. In this
context a number of delegations felt that, for addressing these issues, non-binding measures
should be preferred.
6. Regarding the vote of EU citizens in third countries, delegations have in general
supported the idea of taking measures to increase voter participation in EP elections.
However, several delegations have raised political concerns and practical difficulties in
relation to the EP's proposal, which would impose a general obligation on Member States
to allow their citizens in third countries to vote in the EP elections. One delegation, on the
other hand, is attaching particular importance to this provision. There is no agreement on
this proposal as of November 2017.
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7. The possibility of establishing a compulsory minimum threshold at the EP elections has been
discussed at length. This idea gathered the support of several delegations, which felt that the EP
could benefit from less fragmentation, as this would enable it to perform its legislative and
political functions better. Other delegations preferred to protect citizens' ability to vote even for
the smallest parties and noted that the EP did not need a stable majority to support a coalition
government. Some furthermore stressed that their constitutional traditions did not support the
establishment of thresholds.
One of the delegations that would be directly affected by the
obligation to introduce a threshold and that had voiced difficulties regarding the
implementation of this provision has recently suggested, that it might, under certain
conditions, be able to support it.
8. As regards the Parliament's proposals to set a deadline for the nomination of lead candidates for
the position of the President of the Commission and provide a legal basis for the creation of a
joint constituency in which lists are headed by such lead candidates, most delegations took the
view that the formalisation of the so-called Spitzenkandidaten process would not comply with
the institutional balance resulting from the Treaties and might end up encroaching on the
institutional prerogatives of the European Council as defined in Article 17(7) TEU.
Recently,
the idea of a joint constituency
resurfaced with one delegation announcing proposals on
transitional lists. While a few delegations support
the idea of creating a joint constituency,
several others have
voiced reservations or strong opposition. There is no agreement on this
idea as of November 2017.
9. In the light of these considerations and the detailed discussions in the Council, and without
prejudice to the principle that 'nothing is agreed until everything is agreed', the Presidency takes
the view that the articles with respect to which agreement between delegations currently seems
most likely to be achieved are the following:
− Article 1(1) – addition of treaty language on MEPs as representatives of Union citizens,
− Article 3a – a deadline of at least three weeks for the submission of candidacies,
− Article 3e(1) – reference to the possibility for Member States to allow the display of the
name or logo of European political parties on ballot papers,
− Article 3e(2) – a new provision stipulating that the rules concerning the sending of electoral
materials, by public authorities, to voters in EP elections shall be equivalent to those applied
for national elections, without prejudice to the means by which such materials are sent and
any communications concerning the organisation of the elections,
− Article 4a – reference to the possibility for Member States to provide, under certain
conditions, for advance voting, postal voting, and electronic and internet voting in EP
elections,
− Article 9, new second paragraph – obligation for Member States to ensure effective,
proportionate and dissuasive penalties in case of double voting,
− Article 9b – obligation for Member States to designate a contact authority for exchanging
data on voters and candidates and a deadline for the start of such an exchange of data.
10. The Presidency also notes that in the event of amendments to the Electoral Act, it would be
advisable to update some of its provisions to bring them into line with the Lisbon treaty. This
would concern, above all, Articles 11 and 14 of the Electoral Act, which govern the fixing of
the electoral period and 'measures to implement' the Electoral Act. It believes that agreement
among the delegations could also be achieved on those provisions.
11. The Presidency consulted with the Member States regarding the deadlines for having the
changes to the current Electoral Act approved in accordance with their constitutional
requirements and for adopting the necessary domestic measures in time for the 2019 EP
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elections. In this context, some Member States referred to the opinion of the Venice
Commission on electoral matters which recommends avoiding any changes to the voting
systems just before (within one year of) the elections. While several delegations noted that the
exact deadline would depend on the nature of the agreed changes, it appears, based on the
information received,
that
a number of
delegations would need
any changes to the Electoral Act
to be adopted by early 2018 at the latest in order to be able to apply them for the 2019 EP
elections.
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ANNEX II
Overview of the detailed discussions held in the Council on the EP's proposal for
amending the Electoral Act (as of November 2017)
1) MEPs as representatives of Union citizens (Articles 1(1) and 6)
In its proposal the EP suggested stipulating in Article 1(1) that MEPs shall be elected '
as
representatives of the citizens of the Union'. It also proposed adding in Article 6, which
includes provisions on voting by MEPs, that '
They shall represent all Union citizens.'
During the discussions in the Working Party on General Affairs, delegations generally
considered the addition to Article 1(1) as unproblematic, since it follows the wording of
Article 14(2) TEU, as modified by the Lisbon Treaty ('
The European Parliament shall be
composed of representatives of the Union's citizens.'). As regards Article 6, however, some
delegations felt that the reference to MEPs as representatives of '
all Union citizens' went
beyond the original text of Article 14(2) TEU. They stressed that there was a difference
between MEPs representing their electorate and their representing all Union citizens
regardless of whether they participated in the electoral process, calling for the treaty language
to be strictly respected. In order to accommodate the concerns of such delegations, the
Presidency proposed that this provision be deleted while the addition to Article 1(1) be
maintained.
These drafting suggestions have been acceptable to the delegations.
2) Joint constituency and
Spitzenkandidaten (Articles 2a and 3f)
With the proposed Articles 2a and 3f, the EP suggested providing a legal basis for the
creation of a joint constituency and institutionalising the so-called
Spitzenkandidaten process,
whereby the main European political parties put forward their 'lead candidates' for the post of
President of the Commission. For Article 2a, the EP proposed:
'The Council decides by
unanimity on a joint constituency in which lists are headed by each political family's
candidate for the post of President of the Commission.' Article 3f further provided for a
deadline by which European political parties have to nominate their candidates for the
position of President of the Commission.
In its opinion of 15 March 2016, the Council Legal Service noted that
'draft Article 2a does
not provide any element substantiating the features of the proposed joint constituency
(number of seats, relationship with national constituencies, composition of the list of
candidates, etc.)'. More crucially, it considered both Article 2a and 3f
'highly problematic in
terms of compliance with the institutional balance resulting from the Treaties'. In particular,
the Council Legal Service considered that
'the institutionalisation of a 'Spitzenkandidaten'
practice based on the so-called precedent of 2014 might end up encroaching on the
institutional prerogatives of the European Council as defined in the Treaties'.
Based on discussions in the Working Party on General Affairs and in the light of the opinion
of the Council Legal Service, the Presidency concluded in the non-paper presented to the
COREPER meeting on 30 November 2016 that these provisions appear to be unacceptable to
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link to page 6
all delegations but one as a matter of principle and/or on legal grounds, constituting a 'red
line' for the Council. The Working Party on General Affairs has not discussed these
provisions in detail after the COREPER meeting on 30 November 2016.
Recently, the idea
of a joint constituency
resurfaced with one delegation announcing proposals on
transitional lists. While a few delegations support
the idea of creating a joint constituency,
several others
have voiced reservations or strong opposition. There is no agreement on
this idea as of November 2017.
There is no agreement on these provisions as of November 2017.
3) Minimum threshold (Article 3)
This issue was discussed in COREPER on 30 November 2016 as one of the five outstanding
issues identified by the Presidency.
The EP proposed revising Article 3 so as to impose an obligation on Member States to set a
threshold of 3 to 5 % of the votes cast at constituency level in EP elections. Such an
obligation would apply to constituencies in which the list system is used and which comprise
more than 26 seats.
Due to concerns raised in the Working Party on General Affairs, the Presidency suggested
modifying the EP's text so that the obligation to set a threshold would apply only to
constituencies (including single-constituency Member States) which comprise more than
32 seats. It explained that this was a 'natural threshold', which could justly replace the one
suggested by the EP
1. In addition, it proposed that if a Member State came to be affected by
this provision due to a redistribution of seats in the EP, it would not have to apply it to the
upcoming EP elections.
The majority of the delegations could accept such an approach. However, during the
COREPER discussion on 30 November 2016 some delegations deemed the proposed text
problematic. A few of them expressed principled opposition to the idea of regulating the
matter at EU level. One delegation referred to difficulties achieving the majorities needed to
incorporate the proposed minimum threshold in its legal system. Another delegation did not
see the Presidency wording as 'future-proof' and remained concerned about the possibility of
becoming affected by the provision after a redistribution of seats in the EP. Finally, one
delegation preferred to set the threshold at national rather than constituency level.
Some of these difficulties were confirmed on 31 March 2017 when this article was last
discussed at working party level.
One of the delegations that would be directly affected by
the obligation to introduce a threshold and that had voiced difficulties regarding the
implementation of this provision has recently suggested, that it might, under certain
conditions, be able to support it.
There is no agreement on this provision as of November 2017.
1 In single-constituency Member States or constituencies with more than 32 seats in the EP, each political party
or individual candidate that gets more than 3 % of the total amount of votes is always guaranteed to get at least
one seat in the EP.
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4) Deadline for the lists of candidates (Article 3a)
This provision was also brought to the attention of COREPER in November 2016 as one of
the main outstanding issues.
In a new Article 3a, the EP proposed setting a harmonised deadline of at least 12 weeks
before the start of the electoral period for the establishment of lists of candidates for the
elections. This would create a level playing-field for electoral campaigns across the EU and
allow for a long period of campaign.
In the light of the comments presented in the Working Party on General Affairs, the
Presidency suggested referring to the '
submission of candidacies', which would be easier to
establish and would also cover individual candidates. It also proposed reducing the deadline
to four weeks to accommodate the concerns of a number of delegations, and suggested
counting the four weeks from the date fixed by each Member State for the EP elections. In
addition, it limited the scope of application of the provision to Member States in which
national provisions set a formal deadline, in order to take account of the situation in one
Member State where, due to constitutional traditions, the formal deadline is very close to the
elections, with most political parties nevertheless respecting an informal deadline of about
three months.
A few delegations remained opposed to the compromise wording and asked for a shorter
common deadline, if any. One of these delegations also took the view that the proposed
drafting suggestion would impose a disproportionate obligation on those Member States
which have a deadline compared to those which do not. In the latest Presidency drafting
suggestions the deadline has therefore been further reduced to three weeks, which has been
acceptable to the delegations at working party level.
5) Deadline for the electoral roll (Article 3b)
In a new Article 3b, the EP also proposed setting a harmonised deadline of eight weeks
before the first election day for the
'establishment and finalisation of the electoral roll'. In the
resolution accompanying its proposal, it argued that the differences in the deadlines for
finalising the electoral roll
'may render the exchange of information between Member States
on voters difficult, if not impossible'.
During the discussions in the Working Party on General Affairs, several delegations
considered the proposed deadline to be too long. It was pointed out that an early finalisation
of the electoral roll would negatively impact turnout and that later corrections would in any
case be needed. Several delegations also, more generally, felt that managing their electoral
register was a matter of national competence.
Against this background, the Presidency decided to discuss Article 3b together with Article
9b, which includes provisions on exchange of information between Member States with a
view to avoiding 'double voting'. After having heard from the Commission, which is
responsible for the implementation of Article 13 of Council Directive 93/109/EC on the
relevant exchange of information, it concluded that harmonisation of the deadline for the
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electoral roll would not be a proportionate measure for addressing the issue of 'double voting',
given that the exchange of information would in any case have to take place gradually. It
therefore proposed deleting Article 3b and focusing efforts instead on the exchange of
information under the proposed Article 9b (see below). This approach was supported by the
delegations.
6) Selection of candidates according to a democratic procedure and gender equality
(Articles 3c and 3d)
The EP proposed in a new Article 3c that political parties participating in the elections to the
European Parliament '
shall observe democratic procedures and transparency in selecting
their candidates'. It also suggested a new Article 3d which provides that '
The list of
candidates for election to the European Parliament shall ensure gender equality.'
During the discussions in the Working Party on General Affairs, delegations supported the
selection of candidates via transparent and democratic principles. They also agreed with the
EP on the importance of an increased presence of women in political decision-making.
Nevertheless, different views were expressed on the provisions suggested by the EP. Certain
ambiguities in the EP's text were highlighted, and some doubts were raised as to whether the
EP's proposals, in particular on Article 3c, fall within the scope of Article 223 TFEU, which
covers provisions 'necessary' for the EP elections (the electoral procedure). Some delegations
rejected the provisions as a matter of principle, on the grounds that they would unduly
interfere with the internal life and autonomy of political parties, restricting the freedom of
association and freedom to stand for elections.
Against this background, the Presidency suggested moving these provisions to recitals, in
order to show the Council's general support for the EP's aspirations whilst avoiding any
binding provisions. The latest Presidency drafting suggestions, however, were not acceptable
for some delegations due to concerns over the protection of fundamental freedoms. In
addition, one delegation took the view that the issue of gender equality should be covered in
an article rather than a recital.
There is no agreement on these provisions as of November 2017.
7) Visibility of European political parties and posting of electoral materials (Article 3e)
In a new Article 3e, the EP proposed a number of measures aimed at informing citizens about
the affiliation of national parties to European political parties. It suggested establishing that
the ballot papers used in elections to the EP must give
'equal visibility' to the names and
logos of national parties and to those of the European political parties. Member States would
have to promote the provision of the different affiliations in television and radio campaign
broadcasts and on electoral campaign materials. National political parties would also have to
refer to the manifesto of the European political party to which they are affiliated in their
electoral campaign materials. In addition, the EP proposed stipulating in Article 3e(3) that:
'
The rules concerning the posting of electoral materials to voters in elections to the European
Parliament shall be the same as those applied for national, regional and local elections in the
Member State concerned.'
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The discussions in the Working Party on General Affairs focused on the issue of ballot
papers, which the Presidency also highlighted as one of the five outstanding issues with a
view to the COREPER meeting on 30 November 2016. In the light of the comments from
delegations, it suggested requiring the display of the name or logo of a European political
party on the ballot papers only in case (i) the national political party requires such display and
(ii) the Member State concerned already allows the display of the name or logo of a national
political party in its national legislation. Despite these suggestions, a few delegations
maintained their reservations. Two of them took the view that the issue should be regulated in
national law and should not be for national parties to decide. The latest Presidency drafting
suggestions therefore provide that Member States
'may allow' for the display of the name or
logo of a European political party on ballot papers where such a display is also allowed for a
national political party under national law, which has been acceptable to all the delegations.
As to the provision of information on affiliations in the media and on electoral materials,
delegations took the view that any binding provisions in this regard would be difficult to
reconcile with the freedom of expression and freedom of association, as well as media
freedom, in particular in the sensitive context of the electoral debate. The Presidency
explored the possibility of drafting a recital with some general language on the provision of
information on affiliations. However, a few delegations took a principled stand that Member
States should not interfere in this issue, which was a matter for the candidates and parties
only.
As regards
'the posting of electoral materials', delegations raised a number of concerns over
the EP's text. They took the view that it should be clarified, concern the sending of materials
by public authorities and only refer to national elections, given that the rules for national,
regional and local elections vary in some Member States. A few delegations also asked for
specific language which would allow them to keep their different arrangements regarding the
funding of EP and national elections, the provision of additional information to 'mobile
voters' at EP elections and the means by which the electoral materials are sent. The latest
Presidency drafting suggestions, which accommodate these concerns, are acceptable to all the
delegations.
8) Voting methods (Articles 4a and 4b)
The EP proposed including in the Electoral Act new Articles 4a and 4b which would allow
Member States to introduce electronic and internet voting under certain conditions, and to
provide for postal voting at elections to the European Parliament. Member States already
have the faculty to use such voting methods under Article 8 of the Electoral Act. The
Parliament's aim was to encourage their use in order to increase participation at EP elections,
while laying down the conditions to be met in case of electronic and internet voting.
Based on the discussions in the Working Party on General Affairs, the Presidency suggested
merging Articles 4a and 4b and adapting them so as to use a more neutral wording ('provide
for' rather than 'introduce' for all voting methods) and to explicitly refer to the possibility of
advance voting. It also proposed that certain requirements would have to be met for all the
voting methods mentioned, while it would also have to be clear that the list of requirements is
not exhaustive.
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Delegations could in principle agree to the latest drafting suggestions, although discussions
have not been concluded on the corresponding recital. The Presidency considers that, with
some further efforts, agreement between delegations could likely be reached in this regard as
well.
9) Incompatibility for members of regional parliaments with legislative powers (Article
7)
The EP proposed amending Article 7 in order to introduce a new incompatibility with the
office of an MEP, that of being a member of a
'regional parliament or assembly vested with
legislative powers'.
The Working Party on General Affairs discussed different possibilities for clarifying the
interpretation of the concept of a
'regional parliament vested with legislative powers'
(notification by each Member State, listing the relevant parliaments in an Annex to the
Electoral Act or including a definition in Article 7 itself). Some delegations opposed the
proposed provision in its entirety.
Against this background, the Presidency proposed deleting this provision. This has been
acceptable to most delegations, bearing in mind that under Article 7(3) Member States would
remain free to introduce such an incompatibility at national level, while one delegation
continues to prefer the original EP proposal on this issue.
10) Vote of citizens residing in third countries (Article 9a)
This issue was discussed in COREPER on 30 November 2016 as one of the five outstanding
issues identified by the Presidency.
The EP proposed a new Article 9a, which would impose a general obligation on Member
States to allow their citizens 'living or working' in third countries to vote in the EP elections.
During the discussion in the Working Party on General Affairs, several delegations raised a
number of political concerns and practical difficulties in relation to the EP's proposal. The
Presidency therefore clarified that the provision would apply to Union citizens 'residing' in a
third country. It also suggested that the conditions (e.g. time limits) and modalities for the
exercise of their right to vote (via postal, internet and embassy voting, or by physical
presence in the home Member State) should be subject to national legislation.
Despite these efforts, some delegations maintained their reservations during the COREPER
discussion on 30 November 2016, referring to the sensitivity of the issue and difficulties with
implementing the provision. One delegation, on the other hand, stressed that it attached
importance to this provision.
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The latest Presidency drafting suggestions provide that
'Member States should take the
necessary measures to allow their citizens residing in third countries to vote in elections to
the European Parliament.' One delegation still considers this wording to be too strong,
whereas another has stressed that it would not be able to accept a weaker text or a deletion of
this provision. Some delegations have also said that they could only accept this proposal if it
was made clear that Member States can set limitations to the right to vote for their citizens
residing in third countries, along the lines of the previous Presidency proposals.
There is no agreement on this provision as of November 2017.
11) Measures against 'double voting' (Articles 9 and 9b)
In a new Article 9b, which is intended to prevent citizens from casting more than one vote,
the EP proposed establishing an obligation for Member States to designate a contact authority
to exchange data with other Member States on EU citizens who are nationals of more than
one Member State (with 'dual nationality') or who are not nationals of the Member State in
which they reside ('mobile voters'). It also proposed a deadline of
'at the latest six weeks
before the first day of election' for exchanging the relevant data and specified that the data
exchanged
'shall include at least the surname and forename, age, city of residence and date
of arrival in the Member State concerned, of the citizen in question'.
In the light of the discussions in the Working Party on General Affairs, the Presidency
suggested broadening the scope of these provisions to also cover exchanging data on those
EU citizens who exercise their right under Article 22(2) TFEU to stand as a candidate in a
Member State where they reside but of which they are not nationals ('mobile candidates'). It
therefore also adapted the EP's wording to enable Member States to designate, if necessary,
two separate authorities for transmitting data on voters and candidates. On the other hand, it
also suggested limiting the exchange of data to EU citizens who, in a Member State of which
they are not nationals,
'have been entered on the electoral roll' (rather than all mobile
citizens).
Moreover, it proposed removing voters with 'dual nationality' from the scope of this
article, on the grounds that Member States did not gather such data and that establishing a
central register of all EU citizens would not be a proportionate measure for addressing the
issue. In parallel, it suggested strengthening Article 9, which establishes a ban on 'double
voting', by imposing an obligation on Member States to provide for
'effective, proportionate
and dissuasive penalties' to sanction such 'double voting'.
The Working Party on General Affairs also considered in detail the issue of coordination
between the Electoral Act and Council Directive 93/109/EC, which has its legal basis in
Article 22(2) TFEU and includes in Article 13 detailed provisions on exchange of data on
mobile voters and candidates to prevent 'double voting'. In this regard, the Presidency
considered, in line with the opinions of the Council and Commission legal services, that the
details regarding the data to be exchanged should be regulated by Directive 93/109/EC.
However, the Electoral Act could usefully give some indications as to when Member States
should start exchanging data,
'without prejudice to national provisions on the entry of voters
on the electoral roll and submission of candidacies' i.e. without harmonising the relevant
deadlines in the Member States
. It suggested that Member States could begin exchanging data
six weeks before the first day of the electoral period. An early start with the exchange of data
could be useful i.a. for the process of advance voting (by post or other means) in certain
Member States. Such a deadline was supported by some delegations, while others preferred
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to shorten it to 'at least four weeks' before the beginning of the electoral period. In addition, a
few delegations remained sceptical as to the feasibility of regulating the matter in the
Electoral Act, as it is also covered by Directive 93/109/EC and the data would in any case
have to be transmitted gradually.
The Presidency considers that, with some further efforts, agreement between delegations
could likely be reached on these provisions.
12) End of elections and publication of results (Article 10)
The EP proposed a number of modifications to Article 10 with a view to creating common
momentum for a 'European election night' and preventing leakages of information on election
results before the close of polling in all Member States. It thus suggested stipulating that the
election to the EP must end in all Member States by 21.00 hours CET on the Sunday
concerned
. It also proposed that
'First official projections of the results shall be
communicated simultaneously in all Member States at the end of the electoral period'. On the
other hand, to prevent leakages, it proposed establishing a ban on publishing exit poll-based
forecasts and on the counting of postal votes before the close of polls in all Member States.
Delegations supported the general idea of trying to raise awareness among the general public
of the European character of the EP elections. The Presidency organised a dedicated
exchange of views in order to explore the different possibilities for doing that. During the
discussion, delegations were open to considering ways of better cooperating with the EU
level in order to transmit their results as they come in. They cautioned, however, against a
formalised and possibly bureaucratic approach. It was also pointed out that the time needed
for the counting of votes differed considerably across the Member States, which is why any
'simultaneous' announcement would not be possible. The Presidency therefore proposed that
Member States must publish the results of their count 'without undue delay' after the end of
the electoral period.
As regards the end of the electoral period, COREPER discussed at its meeting on 30
November 2016 a drafting suggestion whereby the election would end in all Member States
no later than 21.00 hours CET, without prejudice to voting by Union citizens in a third
country.
The discussion confirmed that one delegation was opposed to this suggestion as its
polling stations close at 23.00 CET on Sunday. The latest Presidency drafting suggestions
therefore propose reverting to the original text of the Electoral Act, which does not specify
the end time of the elections on Sunday.
As to the other proposals of the Parliament, delegations did not support the proposed
prohibition of the publication of exit-poll-based forecasts, on the grounds that it would be
difficult to reconcile with the freedom of expression and the freedom of the press. They could
not agree either to the proposed ban on early counting of postal votes, on the grounds that it
would unnecessarily hinder the work of electoral commissions. On the issue of a ban on the
publication of results, a more general discussion was also held which revealed Member
States' different concerns in this regard. In order to accommodate them, new drafting
suggestions provided assurances that Member States would be able to keep their traditions of
public counting of votes. The latest Presidency drafting suggestions also proposed that
Member States cannot officially make public 'the final result' of their count. Some
8
delegations supported this wording, arguing that publishing results from individual polling
stations before 23.00 CET was important for enhancing public interest in the elections, while
others expressed doubts or were opposed to it on the grounds that the publication of partial
results would jeopardise the spirit of the EP proposal and the formal ban on the release of
official results, possibly influencing the vote in the other Member States.
There is no agreement on this article as of November 2017.
13) Electoral period (Article 11)
The EP proposed amending Article 11 to give the Parliament the power to determine, after
consulting the Council, the electoral period for the EP elections at least one year before the
end of the five-year term of MEPs. It thus suggested replacing the current system, which
provides for a fixed electoral period and gives the Council the power to change it by a
unanimous decision, after consulting the EP, when it proves 'impossible' to hold the elections
at the prescribed time.
In this regard, delegations supported the view of the Council Legal Service that the
amendment proposed by the EP does not comply with Article 291 TFEU, which does not
provide for any role for the Parliament in the adoption of implementing acts. Instead, the
Presidency proposed a new wording which kept the current system, with limited changes
aimed mainly at bringing the provision into line with the Lisbon Treaty. Thus, the current
provision concerning the consultation of the European Parliament (not provided for in Article
291 TFEU) was replaced by a recital stressing that it was important for the Council to
cooperate closely with the EP if it wanted to change the normally applicable dates. The
Presidency also introduced a recital justifying the conferral of implementing powers to the
Council. The recital refers i.a. to the importance of the determination of the dates for the EP
elections for the political life of the Union and of the Member States and the need to take into
account Member States' national calendars
. In addition, the current provisions, which link the
default dates to the time of the first elections to the EP, were simplified. The new drafting
suggestions refer to elections
'in the first full week of the month of June', which is when the
EP elections took place in 1979 (on 7-10 June 1979).
During the discussions in the Working Party on General Affairs this approach gained the
support of a large majority of delegations. However, a few delegations sought further
guarantees that their national calendars (public holidays, holding EP elections at the same
time as other elections, etc.) would indeed be taken into account when determining the
electoral period. The latest drafting suggestions address this concern in a recital which
stresses that '
When exercising the implementing powers, the Council should in particular take
into account Member States' national calendars and the importance of promoting the
conditions for high voter participation.' Other possible options, which would either not
involve any default dates or would allow individual Member States to veto them, were
rejected by the Presidency due to the risk of cross-vetoes. It was also suggested that
individual Member States' difficulties have indeed been taken into account in the past, even if
the process of deciding on the date of the EP elections has not always been easy, due to
Member States' diverging interests.
9
The Presidency considers that, with some further efforts, agreement between delegations
could likely be reached on this article.
14) Implementing measures (Article 14)
The EP proposed adapting Article 14 of the Electoral Act, which currently provides for a
special procedure for the adoption of 'measures to implement' the Electoral Act (EP proposal,
Council decision by unanimity after consultation of the Commission and 'endeavouring to
reach agreement' in a conciliation committee consisting of EP and Council representatives). It
provided for a similar procedure, but replacing the unanimity rule in the Council by QMV
and the conciliation committee procedure with a requirement to obtain the EP's consent.
This EP proposal was also unacceptable to the delegations on the grounds that it does not
comply with Article 291 TFEU, as also highlighted in the Council Legal Service opinion. The
Presidency proposed deleting this provision entirely, with the proviso that a new provision
would be drafted if there were a specific need to implement a provision of the Electoral Act
uniformly at EU level.
During the discussions in the Working Party on General Affairs no such need has been
identified so far. A few delegations have, however, submitted scrutiny reservations.
The Presidency considers that, with some further efforts, agreement between delegations
could likely be reached on this article.
10
link to page 15
ANNEX III
CONSOLIDATED TEXT OF THE EP’S PROPOSAL AND THE LATEST
DRAFTING SUGGESTIONS
Note: In both versions, the proposed additions to the Electoral Act are marked in bold and italics and the
proposed deletions in strikethrough.
Consolidated version of the Electoral Act
Consolidated version of the Electoral Act
based on the EP's proposal
based on the latest Presidency drafting
suggestions discussed1 in the Working
Party on General
Affairs
Article 1
1. In each Member State, members of the
1. In each Member State, members of the
European Parliament shall be elected
as
European Parliament shall be elected
as
representatives of the citizens of the Union on
representatives of the citizens of the Union
the basis of proportional representation, using
on the basis of proportional representation,
the list system or the single transferable vote.
using the list system or the single transferable
vote.
2. Member States may authorise voting based
2. Member States may authorise voting based
on a preferential list system in accordance with on a preferential list system in accordance
the procedure they adopt.
with the procedure they adopt.
3. Elections shall be by direct universal suffrage 3. Elections shall be by direct universal
and shall be free and secret.
suffrage and shall be free and secret.
Article 2
In accordance with its specific national
In accordance with its specific national
situation, each Member State may establish
situation, each Member State may establish
constituencies for elections to the European
constituencies for elections to the European
Parliament or subdivide its electoral area in a
Parliament or subdivide its electoral area in a
different manner, without generally affecting
different manner, without generally affecting
the proportional nature of the voting system.
the proportional nature of the voting system.
Article 2a (new)
The Council decides by unanimity on a joint
Deleted
constituency in which lists are headed by each
political family's candidate for the post of
President of the Commission.
1
Between the end of 2016 and mid-2017.
link to page 16 link to page 16
Article 3
Member States may set a minimum threshold for Member States may set a minimum threshold
the allocation of seats. At national level this
for the allocation of seats. At national level
threshold may not exceed 5 per cent of votes
this threshold may not exceed 5 per cent of
cast.
valid votes cast.
For constituencies, and for single-constituency Member States in which the list system is
Member States, in which the list system is used used shall set a minimum threshold for the
and which comprise more than 26 seats,
allocation of seats for constituencies which
Member States shall set a threshold for the
comprise more than 32 seats. This threshold
allocation of seats. which shall not be lower
shall not be lower than 3 per cent, and shall
than 3 per cent, and shall not exceed 5 per
not exceed 5 per cent, of the valid votes cast
cent, of the votes cast in the constituency, or
in the constituency, including single-
the single-constituency Member State,
constituency Member State, concerned.
concerned.
In case of changes in the number of seats
allocated to a Member State, the obligation
set out in the second subparagraph shall
apply to that Member State as from the
elections to the European Parliament which
follow the upcoming ones.
Article 3a (new)
Each Member State shall set a deadline for the Where national provisions set a deadline for
establishment of lists of candidates for election the submission of candidacies for election to
to the European Parliament. That deadline
the European Parliament, that deadline
shall be at least 12 weeks before the start of the shall be at least three weeks2 before the date
electoral period referred to in Article 10(1).
fixed by each Member State, in accordance
with Article 10(1), to hold the elections to
the European Parliament3.
Article 3b (new)
The deadline for the establishment and
Deleted
finalisation of the electoral roll shall be eight
weeks before the first election day.
2 Presidency drafting suggestions presented on 7 February 2017 (WK 1363/17), replacing the four week
deadline submitted for discussion at the COREPER meeting on 30 November 2016.
3 Completed by the following recital, covering also Article 3e para 1:
Whereas:
(…) Transparency of the electoral process and access to reliable information are important for raising
European political awareness and for securing a solid election turnout, and whereas it is desirable that
citizens of the Union be informed well in advance about the candidates standing in the European
Parliament elections and about the affiliation of national political parties to a European political party.
link to page 17 link to page 17 link to page 17 link to page 17
Article 3c (new)
Political parties participating in elections to
Deleted
4
the European Parliament shall observe
democratic procedures and transparency in
selecting their candidates for those elections.
Article 3d (new)
The list of candidates for election to the
Deleted
5
European Parliament shall ensure gender
equality.
Article 3e (new)
The ballot papers used in elections to the
1. Where national law allows for the display
European Parliament shall give equal visibility of the name or logo of a national party on
to the names and logos of national parties and ballot papers, Member States may allow for
to those of the European political parties.
the display of the name or logo of the
European political party to which the
Member States shall encourage and facilitate
national political party or individual
the provision of those affiliations in television candidate is affiliated. 67
and radio campaign broadcasts and on
electoral campaign materials. Electoral
campaign materials shall include a reference
to the manifesto of the European political
party, if any, to which the national party is
affiliated.
4 Replaced by recitals covering both, Article 3c and 3d:
Whereas:
(…) Articles 11 and 12 of the Charter of Fundamental Rights of the European Union state that the right to
freedom of expression, which includes the freedom to hold opinions and to receive and impart
information and ideas without interference by public authorities and regardless of frontiers, and the
right to freedom of association at all levels, for example in political and civic matters, are fundamental
rights of every citizen of the Union.
(…) The Union is founded on the values of democracy, rule of law, non-discrimination, respect for human
rights and equality between women and men.
(. .) The autonomy of political parties is considered to be the governing principle of their internal
organisation.
(…) It is important that political parties, in exercising their autonomy, adhere to these values and principles
when nominating candidates for election to the European Parliament.
5 See above.
6 Presidency drafting suggestions presented on 27 April 2017 (WK 4463/17 REV 1). Earlier drafting
suggestions submitted for discussion at the COREPER meeting on 30 November 2016 read as follows: '1.
Where national law allows for the display of the name or logo of a national party on ballot papers, the national
party may require that the name or logo of the European political party to which it is affiliated also be
displayed.' On 6 December 2016, the Presidency also proposed adding a new sentence at the end of this
provision: 'In Member States where the list system is not used a candidate may require that the name or logo of
the European political party to which the candidate is affiliated also be displayed.'
7 For the recital, see footnote 3.
link to page 18 link to page 18
The rules concerning the posting of electoral
2. The rules concerning the sending of
materials to voters in elections to the European electoral materials8, by public authorities,
Parliament shall be the same as those applied to voters in elections to the European
for national, regional and local elections in the Parliament shall be equivalent to those
Member State concerned.
applied for national elections, without
prejudice to the means by which such
materials are sent and without prejudice to
to the sending of communications
concerning the organisation of the
elections.
Article 3f (new)
European political parties shall nominate their Deleted
candidates for the position of President of the
Commission at least 12 weeks before the start
of the electoral period referred to in Article
10(1).
Article 4
Each Member State may set a ceiling for
Each Member State may set a ceiling for
candidates' campaign expenses.
candidates' campaign expenses.
Article 4a (new)
Member States may introduce electronic and
Member States may provide for the
internet voting for elections to the European
possibilities of advance voting, postal
Parliament and, where they do so, shall adopt voting, and electronic and internet voting,
measures sufficient to ensure the reliability of in elections to the European Parliament.
the result, the secrecy of the vote and data
protection.
Where they do so, they shall adopt
measures sufficient to ensure in particular
the reliability of the result, the secrecy of
the vote, and the protection of personal data
in accordance with the applicable Union
law.9
8 To be completed by a recital providing examples of the materials concerned (ballot papers, and lists of political
parties, their coalitions and candidates standing in the elections).
9 Completed by the following recital:
Whereas
(.. ) In order to encourage voter participation in the elections to the European Parliament and to fully take
advantage of the possibilities offered by technological developments, Member States could provide for
the possibilities of inter alia advance voting, postal voting, and electronic and internet voting, while
ensuring in particular the reliability of the result, the secrecy of the vote, and the protection of personal
data in accordance with the applicable Union law.
link to page 19 link to page 19
Article 4b (new)
Member States may afford their citizens the
Deleted
10
possibility of casting their vote by post in
elections to the European Parliament.
Article 5
1. The five-year term for which members of the 1. The five-year term for which members of
European Parliament are elected shall begin at
the European Parliament are elected shall
the opening of the first session following each
begin at the opening of the first session
election.
following each election.
It may be extended or curtailed pursuant to the
It may be extended or curtailed pursuant to
second subparagraph of Article 10 (2).
11
the second subparagraph of Article 11(2).
2. The term of office of each member of the
2. The term of office of each member of the
European Parliament shall begin and end at the European Parliament shall begin and end at
same time as the period referred to in paragraph the same time as the period referred to in
1.
paragraph 1.
Article 6
1. Members of the European Parliament shall
1. Members of the European Parliament shall
vote on an individual and personal basis. They
vote on an individual and personal basis.
shall not be bound by any instructions and shall They shall not be bound by any instructions
not receive a binding mandate.
They shall
and shall not receive a binding mandate.
represent all Union citizens.
2. Members of the European Parliament shall
2. Members of the European Parliament shall
enjoy the privileges and immunities applicable
enjoy the privileges and immunities
to them by virtue of the Protocol of 8 April
applicable to them by virtue of the Protocol
1965 on the privileges and immunities of the
of 8 April 1965 on the privileges and
European Communities
Protocol No 7 on the
immunities of the European Communities
privileges and immunities of the European
Protocol No 7 on the privileges and
Union, annexed to the Treaty on European
immunities of the European Union,
Union, the Treaty on the Functioning of the
annexed to the Treaty on European Union,
European Union and the Treaty establishing
the Treaty on the Functioning of the
the European Atomic Energy Community.
European Union and the Treaty
establishing the European Atomic Energy
Community.
10 Covered by Article 4a.
11 In Article 5(1), the second subparagraph is deleted.
Article 7
1.
The office of member of the European
1. The office of member of the European
Parliament shall be incompatible with that of:
Parliament shall be incompatible with that
of:
− member of the government of a Member
− member of the government of a Member
State,
State,
−
member of a national or regional
−
member of a national parliament,
parliament or assembly vested with
legislative powers,
− member of the Commission of the
− member of the Commission of the
European Communities,
European Communities,
− Judge, Advocate-General or Registrar of
− Judge, Advocate-General or Registrar of
the Court of Justice of the European
Union
the Court of Justice of the European
Communities or of the Court of First
Union Communities or of the Court of
Instance,
First Instance,
− member of the Executive Board of the
− member of the Executive Board of the
European Central Bank,
European Central Bank,
− member of the Court of Auditors of the
− member of the Court of Auditors of the
European Communities,
European Communities,
− European Ombudsman of the European
− European Ombudsman of the European
Communities,
Communities,
− member of the Economic and Social
− member of the Economic and Social
Committee of the European Community
Committee of the European Community
and of the European Atomic Energy
and of the European Atomic Energy
Community,
Community,
− member of the Committee of the Regions,
− member of the Committee of the
Regions,
− member of committees or other bodies set
− member of committees or other bodies
up pursuant to the Treaties establishing the
set up pursuant to the Treaties
European Community and the
Treaty on
establishing the European Community
the Functioning of the European Union
and the
Treaty on the Functioning of
or the Treaty establishing the European
the European Union or the Treaty
Atomic Energy Community for the
establishing the European Atomic
purposes of managing the Communities'
Energy Community for the purposes of
Union's funds or carrying out a permanent
managing the Communities'
Union's
direct administrative task,
funds or carrying out a permanent direct
administrative task,
− member of the Board of Directors,
− member of the Board of Directors,
Management Committee or staff of the
Management Committee or staff of the
European Investment Bank,
link to page 21
European Investment Bank,
− active official or servant of the institutions
− active official or servant of the
of the European Union or of the specialised
institutions of the European Union or of
bodies attached to them or of the European
the specialised bodies attached to them
Central Bank.
or of the European Central Bank.
2. From the European Parliament elections in
2. From the European Parliament elections in
2004, the office of member of the European
2004, the office of member of the European
Parliament shall be incompatible with that of
Parliament shall be incompatible with that of
member of a national parliament.
member of a national parliament.
By way of derogation from that rule and
By way of derogation from that rule and
without prejudice to paragraph 3
without prejudice to paragraph 3:
— members of the Irish National Parliament
— members of the Irish National Parliament
who are elected to the European Parliament at a who are elected to the European Parliament
subsequent poll may have a dual mandate until
at a subsequent poll may have a dual
the next election to the Irish National
mandate until the next election to the Irish
Parliament, at which juncture the first
National Parliament, at which juncture the
subparagraph of this paragraph shall apply;
first subparagraph of this paragraph shall
apply;
— members of the United Kingdom Parliament — members of the United Kingdom
who are also members of the European
Parliament who are also members of the
Parliament during the five-year term preceding European Parliament during the five-year
election to the European Parliament in 2004
term preceding election to the European
may have a dual mandate until the 2009
Parliament in 2004 may have a dual mandate
European Parliament elections, when the first
until the 2009 European Parliament
subparagraph of this paragraph shall apply.
12
elections, when the first subparagraph of this
paragraph shall apply.
3. In addition, each Member State may, in the
23. In addition, each Member State may, in
circumstances provided for in Article 7, extend the circumstances provided for in Article 8,
rules at national level relating to
extend rules at national level relating to
incompatibility.
incompatibility.
4. Members of the European Parliament to
34. Members of the European Parliament to
whom paragraphs 1, 2 and 3 become applicable whom paragraphs 1, 2 and 3 become
in the course of the five-year period referred to applicable in the course of the five-year
in Article 3 shall be replaced in accordance with period referred to in Article 5 shall be
Article
1312.
replaced in accordance with Article 13.
Article 8
Subject to the provisions of this Act, the
Subject to the provisions of this Act, the
electoral procedure shall be governed in each
electoral procedure shall be governed in each
Member State by its national provisions.
Member State by its national provisions.
12 Paragraph 2 is deleted.
link to page 22 link to page 22
These national provisions, which may if
These national provisions, which may if
appropriate take account of the specific
appropriate take account of the specific
situation in the Member States, shall not affect
situation in the Member States, shall not
the essentially proportional nature of the voting affect the essentially proportional nature of
system.
the voting system.
Article 9
No one may vote more than once in any election No one may vote more than once in any
of members of the European Parliament.
election of members of the European
Parliament.
Member States shall take necessary
measures to ensure that double voting in
the elections for the European Parliament
is subject to effective, proportionate and
dissuasive penalties.
Article 9a (new)
All Union citizens, including those living or
Member States should take the necessary
working in a third country, shall have the right measures to allow their citizens residing in
to vote in elections to the European
third countries to vote in elections to the
Parliament. Member States shall take the
European Parliament.1314
necessary measures to ensure the exercise of
this right.
Article 9b (new)
Each Member State shall designate the contact Each Member State shall designate a
authority responsible for exchanging data on
contact authority responsible for
voters with its counterparts in the other
exchanging data on voters and candidates
Member States. That authority shall transmit
with its counterparts in the other Member
to those counterparts, at the latest six weeks
States.
before the first day of the election and via
uniform and secure electronic means of
communication, data concerning Union
citizens who are nationals of more than one
Member State and Union citizens who are not
nationals of the Member State in which they
13 Presidency drafting suggestions presented on 10 May 2017 (WK 5277/17)
. Earlier drafting suggestions
submitted for discussion at the COREPER meeting on 30 November 2016 read as follows: 'Union citizens
residing in a third country shall have the right to vote in elections to the European Parliament. Member States
shall define the conditions and modalities for the exercise of this right by their nationals.'
14 In addition, the following recitals covering this Article would be included:
Whereas:
(. .) Citizens of the Union have the right to participate in its democratic life by voting or standing as
candidates in elections to the European Parliament.
link to page 23
are residing.
The information transmitted shall include at
Without prejudice to national provisions on
least the surname and forename, age, city of
the entry of voters on the electoral roll and
residence, and date of arrival in the Member
submission of candidacies, the authority
State concerned, of the citizen in question.
referred to in the first paragraph shall, in
accordance with EU data protection
standards, begin transmitting to those
counterparts, [six weeks] before the first day
of the electoral period referred to in Article
10(1), the data indicated in Directive
93/109/EC concerning Union citizens who,
in a Member State of which they are not
nationals, have been entered on the electoral
roll or are standing as candidates.
Article 10
1. Elections to the European Parliament shall be 1. Elections to the European Parliament shall
held on the date
or dates and at the times fixed
be held on the date and at the times fixed by
by each Member State. For all Member States
each Member State. For all Member States
this
the date
or dates shall fall within the same
this date shall fall within the same period
period starting on a Thursday morning and
starting on a Thursday morning and ending
ending on the following Sunday.
The election
on the following Sunday.
shall end in all Member States by 21:00 hours
CET on that Sunday.
2. Member States shall not officially make
2.
Without prejudice to the possibility of
public the results of their count until after the
providing for public counting of votes in
close of polling in the Member State whose
line with their electoral traditions, Member
electors are the last to vote within the period
States shall not officially make public the
referred to in paragraph 1.
First official
final result of their count until after the close
projections of the results shall be
of polling
in the Member State whose
communicated simultaneously in all Member
electors are the last to vote within the period
States at the end of the electoral period
referred to in paragraph 1.
15
specified in paragraph 1. Prior to this no exit
poll-based forecasts may be published.
15 Presidency drafting suggestions presented on 2 March 2017 (WK 2252/17)
. Earlier drafting suggestions
submitted for discussion at the COREPER meeting on 30 November 2016 read as follows:
'1. Elections to the European Parliament shall be held on the date and at the times fixed by each Member State.
For all Member States this date shall fall within the same period starting on a Thursday morning and ending on
the following Sunday.
Without prejudice to voting of Union citizens in a third country, the election shall end
in all Member States no later than 21:00 hours CET on that Sunday.
2. Member States shall not officially make public the results of their count until after the close of polling in the
Member State whose electors are the last to vote within the period referred to in paragraph 1.
Member States
shall publish the results of their count, without undue delay, after the end of the electoral period specified in
paragraph 1.
Without prejudice to the possibility of providing for public counting of votes in line with their electoral
traditions, Member States shall not officially make public the results of their count prior to the close of
polling in all Member States.'
link to page 24
3. The counting of postal votes shall begin in
3. Deleted
all Member States once the polls have closed
in the Member State whose voters vote last
within the electoral period referred to in
paragraph 1.
Article 11
1. The Council
European Parliament, acting
1.
Elections to the European Parliament
unanimously after consulting the European
shall be held in the first full week of the
Parliament
Council, shall determine the
month of June in the final year of the five-
electoral period for the first elections.
at least
year term referred to in Article 5. The
one year before the end of the five-year term
Council, acting unanimously after consulting
referred to in Article 5.
the European Parliament, shall determine the
electoral period for the first elections.
2. Subsequent elections shall take place in the
2. Subsequent elections shall take place in
corresponding period in the last year of the five- the corresponding period in the last year of
year period referred to in Article 3.
the five-year period referred to in Article 3.
Should it prove impossible to hold the elections Should it prove impossible to hold the
in the Community during that period, the
elections in the
UnionCommunity during that
Council acting unanimously shall, after
period, the Council acting unanimously shall,
consulting the European Parliament, determine, after consulting the European Parliament,
at least one year before the end of the five-year determine by means of an implementing act,
term referred to in Article 3, another electoral
at least one year before the end of the five-
period which shall not be more than two months year term referred to in Article 5, another
before or one month after the period fixed
electoral period which shall not be more than
pursuant to the preceding subparagraph.
two months before or one month after the
period fixed pursuant to the preceding
subparagraph.
16
3. Without prejudice to Article 139
229 of the
3. Without prejudice to Article 139
229 of the
Treaty
on the Functioning of the European
Treaty
on the Functioning of the European
Union, establishing the European Community
Union, establishing the European
and Article 109 of the Treaty establishing the
Community and Article 109 of the Treaty
European Atomic Energy Community, the
establishing the European Atomic Energy
16 Completed by the following recitals:
Whereas:
(.. ) Member States should be given the possibility to fix the date and the time of the elections to the
European Parliament within a common electoral period. Such common electoral period should
correspond to the one chosen for the first elections to the European Parliament.
(.. ) Where it is impossible to hold the elections to the European Parliament during that period, an
alternative period can be determined by means of an implementing act. Given the importance of such
a determination for the political life of the Union and of the Member States, and its impact on the
electoral agenda of the Member States, and in order to take into account of Member States´ national
calendars, implementing powers should be conferred on the Council. When exercising the implementing
powers, the Council should in particular take into account Member States' national calendars and the
importance of promoting the conditions for high voter participation.
(.. ) The Council should closely cooperate with the European Parliament when assessing the existence of the
impossibility to hold the elections in the period corresponding to the one of the first elections and in view
of determining an alternative electoral period.
European Parliament shall meet, without
Community, the European Parliament shall
requiring to be convened, on the first Tuesday
meet, without requiring to be convened, on
after expiry of an interval of one month from
the first Tuesday after expiry of an interval of
the end of the electoral period.
one month from the end of the electoral
period.
4. The powers of the outgoing European
4. The powers of the outgoing European
Parliament shall cease upon the opening of the
Parliament shall cease upon the opening of
first sitting of the new European Parliament.
the first sitting of the new European
Parliament.
Article 12
The European Parliament shall verify the
The European Parliament shall verify the
credentials of members of the European
credentials of members of the European
Parliament. For this purpose it shall take note of Parliament. For this purpose it shall take note
the results declared officially by the Member
of the results declared officially by the
States and shall rule on any disputes which may Member States and shall rule on any disputes
arise out of the provisions of this Act other than which may arise out of the provisions of this
those arising out of the national provisions to
Act other than those arising out of the
which the Act refers.
national provisions to which the Act refers.
Article 13
1. A seat shall fall vacant when the mandate of a 1. A seat shall fall vacant when the mandate
member of the European Parliament ends as a
of a member of the European Parliament ends
result of resignation, death or withdrawal of the as a result of resignation, death or withdrawal
mandate.
of the mandate.
2. Subject to the other provisions of this Act,
2. Subject to the other provisions of this Act,
each Member State shall lay down appropriate
each Member State shall lay down
procedures for filling any seat which falls
appropriate procedures for filling any seat
vacant during the five-year term of office
which falls vacant during the five-year term
referred to in Article 3 for the remainder of that of office referred to in Article 5 for the
period.
remainder of that period.
3. Where the law of a Member State makes
3. Where the law of a Member State makes
explicit provision for the withdrawal of the
explicit provision for the withdrawal of the
mandate of a member of the European
mandate of a member of the European
Parliament, that mandate shall end pursuant to
Parliament, that mandate shall end pursuant
those legal provisions. The competent national
to those legal provisions. The competent
authorities shall inform the European
national authorities shall inform the European
Parliament thereof.
Parliament thereof.
4. Where a seat falls vacant as a result of
4. Where a seat falls vacant as a result of
resignation or death, the President of the
resignation or death, the President of the
European Parliament shall immediately inform
European Parliament shall immediately
the competent authorities of the Member State
inform the competent authorities of the
concerned thereof.
Member State concerned thereof.
Article 14
Should it appear necessary to adopt measures to Should it appear necessary to adopt measures
implement this Act, the Council, acting
to implement this Act, the Council, acting
unanimously on a proposal from the Assembly
unanimously on a proposal from the
after consulting the Commission, shall adopt
Assembly after consulting the Commission,
such measures after endeavouring to reach
shall adopt such measures after endeavouring
agreement with the Assembly in a conciliation
to reach agreement with the Assembly in a
committee consisting of the Council and
conciliation committee consisting of the
representatives of the Assembly.
Measures to
Council and representatives of the Assembly.
implement this Act shall be proposed by the
European Parliament, acting by a majority of
its component members, and adopted by the
Council, acting by a qualified majority, after
consulting the Commission and obtaining the
consent of the European Parliament.
Article 15
This Act is drawn up in the Danish, Dutch,
This Act is drawn up in the Danish, Dutch,
English, Finnish, French, German, Greek, Irish, English, Finnish, French, German, Greek,
Italian, Portuguese, Spanish and Swedish
Irish, Italian, Portuguese, Spanish and
languages, all the texts being equally authentic. Swedish languages, all the texts being equally
authentic.
Pursuant to Accession Treaties, the Bulgarian,
Croatian, Czech, Estonian, Hungarian,
Latvian, Lithuanian, Maltese, Polish,
Romanian, Slovak and Slovenian versions of
this Act shall also be authentic.
Annex I
The United Kingdom will apply the provisions
The United Kingdom will apply the
of this Act only in respect of the United
provisions of this Act only in respect of the
Kingdom.
United Kingdom.
Annex II
As regards the procedure to be followed by the
As regards the procedure to be followed by
Conciliation Committee, it is agreed to have
the Conciliation Committee, it is agreed to
recourse to the provisions of paragraphs 5, 6
have recourse to the provisions of paragraphs
and 7 of the procedure laid down in the joint
5, 6 and 7 of the procedure laid down in the
declaration of the European Parliament, the
joint declaration of the European Parliament,
Council and the Commission of 4 March 19751. the Council and the Commission of 4 March
19751.
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