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Changes between two versions

What changed between the plenary report and the adopted text

From · plenary report· 23 Jan 2023

A-9-2023-0005

on the proposal for a Council directive laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals (recast)

To · adopted text· 14 Feb 2023

TA-9-2023-0038

Electoral rights of mobile Union citizens in municipal elections

+5 added · −20 removed · 33 changed paragraphs, packaging included.

Part 2 of 3: Paragraphs 61–96

Change 13

Changed:Article 8 – paragraph 2 – subparagraph 1:2: The Member State of residence may also require Union voters to: / (a) produce a valid identity document; / (b) indicate the date from which they have been resident in that Member State or in another Member State; / (c) if they so wish, indicate one or more language preferences in which they would like to receive the information referred to in Article 12(2), selected among the official Unionlanguages languages,of the Union, or, where offered by the competent authority, other languages.

Change 14

Changed:Article 8 – paragraph 3 – introductorysubparagraph part:1: 3. Union voters who have been entered on an electoral roll in the Member State of residence shall remain thereon, under the same conditions as voters who are nationals, until such a time as they are removed because they no longer satisfy the requirements for exercising the right to vote. Where Member States provide for the notification of nationals of their removal from the electoral roll, those provisions shall apply equally to Union voters. This notification shall be provided to Union voters in question in a Union language of this person’s preference indicated in the formal declaration, if the Union voter has provided such preference.

Article 8 – paragraph 5: 5. Without prejudice to the rules of any Member State concerning the right to vote or to stand as a candidate of nationals who reside outside its territory, the fact that Union voters have been entered on the electoral roll of their Member State of residence shall not result in their removal from the electoral roll of the home Member State.

Article 9 – paragraph 1: 1. When submitting an application to stand as candidates, non-national Union citizens shall produce the same or equivalent supporting documents as candidates who are nationals. The Member State of residence may require the persons concerned to produce a formal declaration drawn up in accordance with the template set out in Annex III.

Article 9 – paragraph 2 – introductory part: 2. The Member State of residence may also require Union candidates to:

Change 15

Changed:Article 9 – paragraph 2 – point a: (a) state in the formal declaration which they produce in accordance with paragraph 1 when submitting their application to stand as candidates that they have not been deprived of the right to stand as a candidate in their home Member State. In case of legitimate doubt regarding the content of the formal declaration, the Member State of residence may directly request to the home Member State of the non-national Union citizen, before or after the election, a certification that the person has not been deprived of the right to stand as a candidate in that Member State;

Article 9 – paragraph 2 – point b: deleted

Change 16

Changed:Article 9 – paragraph 2 – point e a (new): (e a)(ea) if they so wish, indicate one or more language preferenceslanguages in which they would like to receive the information referred to in Article 12(2), selected amongfrom the official Unionlanguages languages,of the Union, or, where offered by the competent authority, other languages.

Change 17

Changed:Article 10 – paragraph 1: Member States shall endevourendeavour to provide for the possibility to vote by means of postal voting in municipal elections. Where possibilitiesMember States allow their nationals to vote by means of postal voting, advance voting, proxy voting or electronic and internet voting are available in municipal elections to their nationals, Memberelections, Statesthey shall ensure that such means of voting are also available under the same conditions to Union voters.

Article 11 – paragraph 1: 1. The Member State of residence shall inform the concerned persons of the decision taken on their immediate registration as a voter or their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate.

Article 11 – paragraph 2: 2. Should Union citizens not be entered on the electoral roll or have their immediate registration or application form entry refused or have their application to stand as a candidate rejected, the person concerned shall be entitled to effective legal remedies on the same terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.

Article 11 – paragraph 3: 3. In case of errors in the electoral roll or in the list of candidates for municipal elections, the person concerned shall be entitled to effective legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.

Change 18

Changed:Article 11 – paragraph 3 a (new): 3 a.3a. Member States shall inform, in a clear and plain language and in a timely manner, the person concerned of the decision referred to in paragraph 1 and of the legal remedies referred to in paragraphs 2 and 3, in a language of the person’s preference indicated in the formal declaration, if the Union voter has providedindicated such a language preference.

Article 12 – paragraph 1: 1. Member States shall designate a competent authority with responsibility for taking the necessary measures to ensure that non-national Union citizens are informed in a timely manner of the conditions and detailed rules for registration as a voter or candidate in municipal elections. The information shall be provided by the relevant authorities in a coordinated way and, whenever possible, in cooperation with civil society organisations, upon registration as a resident and in a timely manner ahead of elections.

Article 12 – paragraph 2 – introductory part: 2. The Member States shall ensure that the designated authority pursuant to paragraph 1, shall directly and individually communicate to Union voters and Union candidates the following information:

Change 19

Changed:Article 12 – paragraph 2 – point b: (b) once available, the date of the election and how and where to vote, including specific means of voting referred to in Article 10, where applicable,applicable;

Change 20

Changed:Article 12 – paragraph 2 – point b a (new): (b a)(ba) the specific measures to facilitate the exercise of the right to vote tofor particular groups of voters, such as persons with disabilities,

Change 21

Changed:Article 12 – paragraph 2 – point b b (new): (b b)(bb) information on the electoral and political system, including competencesthe powers of basic local government units,

Change 22

Changed:Article 12 – paragraph 3 – introductory part:subparagraph 3.1: The information on conditions and detailed rules for registration as a voter or candidate in municipal elections referred to in paragraph 1 and any other information communicated pursuant to the provisions of this Directive shall be provided in clear and plain language. The information referred to in paragraph 1 shall be provided in all official Unionlanguages languages,of the Union, while the information referred to in paragraph 2 shall be communicated to the person concerned in a language of this person’s preference, indicated in the formal declaration, if the Union voter has provided such preference.

Change 23

Changed:Article 12 – paragraph 3 – subparagraph 1:2: deleted / (deleted)

Change 24

Changed:Article 12 – paragraph 3 a (new): 3 a.3a. The European Commission shall ensure that the information relating to the right to vote and to stand as a candidate in municipal elections by Union citizens residing in a Member State of which they are not nationals, under Article 20(2), point (b), and Article 22(1) TFEU, and the information referred to in paragraphs 1 and 2,2 of this Article, is made available to thesethose citizens in a clear and accessible manner, in all official languages of the Union, where necessary, including via Europe Direct and Your Europe.

Change 25

Changed:Article 12 – paragraph 4: 4. Member States shall ensure that information on conditions and detailed rules for registration as a voter or candidate in municipal elections and information referred to in paragraph 2 is made accessible to persons with disabilities, older persons, people in remote areas, minority groups and those who face difficulties in voting generally by applying accessibility requirements as laid down in Annex I ofto Directive (EU) 2019/8821a2019/882 of the European Parliament and of the Council 1a and by using means, modes and formats of communication that are appropriate to them, such as sign language, Braille or easy-to-read format. Member States may ensure that persons with disabilities receive, at their request, assistance in voting by a person of their choice. / 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and service (OJ L 151, 7.6.2019, p. 70–115)70).

Article 13: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Change 26

Changed:Article 14 – title: Data collection and Reportingreporting

Change 27

Changed:Article 14 – paragraph 1: 1. Within three years of the entry into force of this Directive and every four years thereafter, the Member States shall report to the public and to the Commission on the application of this Directive in their territory, including on the application of Article 5(3) and (4). In addition to general observations, the report shall contain statistical data on the participation in municipal elections of Union voters and Union candidates and a summary of measures taken to facilitate and encourage their participation. ThisThose data shall be collected in a transparent, uniform, and secure way, based on common indicators.

Change 28

Changed:Article 14 – paragraph 1 a (new): 1 a.1a. The Commission is empowered to adopt delegated acts in accordance with Article 16 concerning the setting up of the common indicators for the collection of statistical data referred to in paragraph 1.

Article 15 – paragraph 1: Within two years after the 2029 elections to the European Parliament, the Commission shall assess the application of this Directive and produce an evaluation report on the progress towards achievement of the objectives contained herein. The evaluation shall be accompanied, if appropriate, by a legislative proposal to amend this Directive.

Change 29

Changed:Article 16 – paragraph 2: 2. The power to adopt delegated acts referred to in ArticlesArticle 2(2), Article 8(4), Article 9(3) and Article 14(1a) shall be conferred on the Commission for an indeterminate period of time from the... [date of entry into force of this Directive.Directive].

Change 30

Changed:Article 16 – paragraph 3: 3. The delegation of power referred to in ArticlesArticle 2(2), Article 8(4), Article 9(3) and Article 14(1a) may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Change 31

Changed:Article 16 – paragraph 6: 6. A delegated act adopted pursuant to ArticlesArticle 2(2), Article 8(4), Article 9(3) and Article 14(1a) shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Change 32

Changed:Article 19 – paragraph 2: Articles 1 to 7, Article 8(1) and Article 11(2) shall apply from 31 December 2023.

4 unchanged paragraphs

Annex II – title: ANNEX II - Formal declaration submitted by Union voters

Annex II – paragraph 1 a (new): I declare that I accept future communication related to voting in the municipal elections in one or more of the following languages:

Annex III – title: ANNEX III - Formal declaration submitted by Union candidates

Annex III – paragraph 1 a (new): I declare that I accept future communication related to standing as a candidate in the municipal elections in one or more of the following languages:

Change 33

Removed:8.11.2022