What changed between the plenary report and the adopted text

Change 101

Changed:2. Each Member State may adopt additional national rules concerning incompatibility with the office of memberMember of the European Parliament.

3. Members of the European Parliament to whom paragraphs 1 and 2 become applicable in the course of the parliamentary term, shall be replaced in accordance with Article 27.

Article 25

External parliamentary activities

Change 102

Changed:Upon election, membersMembers of the European Parliament shall designate the municipality and, where applicable, region, within their Member State of residence, from which they will conduct external parliamentary activities,activities.

6 unchanged paragraphs

Article 26

Personal and independent vote

1. Members of the European Parliament shall vote on an individual and personal basis. They shall not be bound by any instructions and shall not receive a binding mandate.

2. Members of the European Parliament shall enjoy the privileges and immunities applicable to them by virtue of Protocol No 7 on the privileges and immunities of the European Union, annexed to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, from the moment when their election to the European Parliament is officially declared.

Article 27

Vacancies

Change 103

Changed:1. A seat shall fall vacant when the mandate of a memberMember of the European Parliament ends as a result of that member’sMember’s resignation or death, or due to the withdrawal of his or her mandate.

Change 104

Changed:2. In the event of death, resignation, or withdrawal of the mandate of a memberMember of the European Parliament elected in the Union-wide constituency, the President of the European Parliament shall immediately inform the European Electoral Authority.

Change 105

Changed:The vacancy shall be filled by the next candidate in the list of candidates in which the memberMember who has died, resigned or withdrawn was originally elected.

3. Subject to the other provisions of this Regulation, each Member State shall lay down appropriate procedures for filling any seat which falls vacant during the parliamentary term, for the remainder of that period.

Change 106

Changed:4. Where the law of a Member State makes explicit provision for the withdrawal of the mandate of a memberMember of the European Parliament, that mandate shall end pursuant to those legal provisions. The competent national authorities shall inform the European Parliament thereof.

5. Where a seat falls vacant as a result of resignation or death, the President of the European Parliament shall immediately inform the competent authorities of the Member State concerned and the European Electoral Authority thereof.

6. Where Parliament declares a vacancy of a seat of a member elected from the Union-wide constituency, the President shall inform the European Electoral Authority thereof and invite it to fill the seat for the remainder of the mandate without delay.

Vacancies of seats of members of the European Parliament elected from the Union-wide constituency shall be filled by the next candidate in the relevant list, according to the order of precedence.

Change 107

Changed:7. The Parliament may, at the request of the memberMember concerned, and with the agreement of the Member State concerned or the European Electoral Authority, propose a temporary replacement of the concernedMember memberconcerned in case of maternity, paternity or parental leave or in the case of leave due to a severe illness.

Change 108

Changed:When a seat falls temporarily vacant for any of the reasons set out in the first subparagraph the memberMember concerned shall be temporarily replaced for a period of 16sixteen weeks by the next candidate on the relevant list, who may decide whether or not to fill the vacancy. A refusal to fill the vacancy does not entail the loss of the position in the relevant list for future vacancies. The 16 weeks’sixteen-week period may be renewed.

Article 28

European Electoral Authority

1. A European Electoral Authority (the “European Electoral Authority”) is hereby established for the purpose of :

Change 109

Changed:(a) ensuring the correct implementation of this Regulation as well as conducting and monitoring the electoral process ofin the Union-wide constituency;

(b) defining the procedure applicable to complaints under Article 10(2) as regards the Union-wide constituency;

Change 110

Changed:(c) exercising all the functions related to the electoral process ofin the Union-wide constituency and liaise with the contact authorities referred to in Article 18;

6 unchanged paragraphs

(d) verifying that the European electoral entities meet the conditions for submitting Union-wide lists in accordance with Article 15;

(e) managing the European electoral roll established in Article 9;

(f) proclaiming the electoral results in accordance with Article 20 ;

(g) ruling on any disputes which may arise out of the provisions of this Regulation other than those arising out of the national provisions to which this Regulation refers.

The European Electoral Authority may also provide assistance in case of difficulties related to the interpretation of the lists submitted by the national authorities.

2. The European Electoral Authority shall be independent and shall exercise its functions in full compliance with this Regulation.

Change 111

Changed:3. The European Electoral Authority shall proclaim the Union-wide lists eleven weeks before the Election day.

It shall establish and manage a Register of the different Union-wide lists submitted by the European electoral entities. The information on the Register shall be made public.

In its decisions, the European Electoral Authority shall give full consideration to the fundamental rights to vote and to stand as a candidate.

4. Each Member State shall appoint one member of the European Electoral Authority, selected from professors of law or political science and other experts in electoral systems on the basis of their professional qualities and respecting gender balance. The members of the European Electoral Authority shall elect its president, vice-president, and secretary by simple majority, in separate votes. The European Electoral Authority shall endeavour to take decisions by consensus. If it is not possible to take a decision by consensus, the European Electoral Authority shall decide by a simple majority vote.

Change 112

Changed:All members of the European Electoral Authority shall be independent in the performance of their duties. They shall neither seek nor take instructions from any institution or government or from any other body, office or agency. They shall not be members or former members of the European Parliament, national parliaments or national governments. In addition, they shall not hold any electoral mandate, or be officials or other servants of any EUUnion institution or of any European political party or European association of voters, or of any European political foundation.

6 unchanged paragraphs

The members of the European Electoral Authority shall be appointed for a five-year term renewable once.

5. The European Electoral Authority shall be represented by its president who shall ensure the implementation of all decisions of the European Electoral Authority on its behalf.

The president of the European Electoral Authority shall refrain from any act which is incompatible with the nature of his or her duties.

If a member of the European Electoral Authority, including the president no longer fulfils the conditions required for the performance of his or her duties, he or she may be dismissed by a vote supported by at least three fifths of the members of the European Electoral Authority on the basis of a report setting out a reasoned proposal of dismissal.

The five-year term of the European Electoral Authority shall begin two and a half years after the beginning of the parliamentary term. The European Electoral Authority’s first mandate shall begin as soon as possible after the entry into force of this Regulation.

A vacancy in the European Electoral Authority caused by resignation, retirement, dismissal or death shall be filled in accordance with the same procedure as that applicable to the initial appointment.

Change 113

Changed:6. The European Electoral Authority willshall enjoy legal personality and shall have the necessary offices, staff, services and administrative support facilities to carry out its functions.

7. The European Electoral Authority shall submit a report to the European Parliament on the organisation of the European elections and on the implementation of this Regulation and the attainment of its aims, within nine months after the European elections.

8. The costs of the European Electoral Authority, including the remuneration of its members, shall be financed by appropriations from the general budget of the Union.

Change 114

Changed:The Budget appropriations shall be sufficient to ensure the full and independent operation of the European Electoral Authority. A draft budgetary plan for the European Electoral Authority shall be submitted to the European Parliament by its president, and shall be made public. The European Parliament shall delegate the duties of Authorising Officer with respect to those appropriations to the president of the European Electoral Authority.

6 unchanged paragraphs

Article 29

Committee procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Article 30

Repeal

Change 115

Changed:1. The Act concerning the election of the members of the European Parliament by direct universal suffrage, as well as Council Decision (76/787/ECSC,76/787/ECSC, EEC, Euratom)Euratom laying down that Act, is repealed.

5 unchanged paragraphs

2. References to the repealed Act shall be construed as references to this Regulation.

Article 31

Review Clause

No later than one year after each European election, the European Parliament shall, after consultation with the European Electoral Authority, present a report on the overall functioning of this Regulation accompanied, if appropriate, by a legislative proposal to amend this Regulation.

Article 32