(1)

A number of amendments are to be made to Council Directive 93/109/EC (2). In the interests of clarity, that Directive should be recast.

(2)

Article 20(2), first subparagraph, point (b), and Article 22(2) of the of the Treaty on the Functioning of the European Union (TFEU) confer on Union citizens residing in a Member State of which they are not nationals the right to vote and to stand as a candidate in elections to the European Parliament in their Member State of residence under the same conditions as nationals of the host Member State. The right, which is also affirmed in Article 39 of the Charter of Fundamental Rights of the European Union (‘the Charter’), gives specific expression to the principle of equality and non-discrimination on grounds of nationality set out in Article 21 of the Charter. It is also a corollary of the right to move and reside freely enshrined in Article 20(2), first subparagraph, point (a), and Article 21 TFEU and Article 45 of the Charter.

(3)

The detailed arrangements governing the exercise of the right to vote and to stand as a candidate in elections to the European Parliament are set out in Directive 93/109/EC.

(4)

In the EU Citizenship Report 2020, the Commission stressed the need to update, clarify and strengthen the rules on the exercise of the right to vote and to stand as a candidate in elections to the European Parliament in order to ensure that they support the broad and inclusive participation of mobile Union citizens. In view thereof, and taking into account the experience gained in the application of Directive 93/109/EC for successive elections and the changes introduced by the amendments to the Treaties, several provisions of that Directive should be updated.

(5)

Article 22(2) TFEU is without prejudice to Article 223(1) TFEU, which provides for the establishment of a uniform procedure in all Member States in accordance with principles common to all Member States for elections to the European Parliament.

(6)

In order to ensure that Union citizens who reside in a Member State of which they are not nationals (‘non-national Union citizens’) are able to exercise their right to vote and to stand as a candidate in elections to the European Parliament under the same conditions as nationals of their host Member State, the conditions governing registration and participation in such elections should be clarified in order to ensure the equal treatment of Union citizens who are nationals of the Member State concerned and non-national Union citizens. In particular, Union citizens seeking to vote and to stand as candidates in elections to the European Parliament in their Member State of residence should be treated equally as regards any periods of residence that are to be fulfilled as a condition for the exercise of the right, as well as the proof required in order to demonstrate compliance with such a condition.

(7)

The freedom of Union citizens to choose the Member State in which to take part in elections to the European Parliament must be respected, while appropriate measures to ensure that no one may vote more than once or stand as a candidate in more than one country are taken.

(8)

In line with international and European standards, including the requirements of the International Covenant on Civil and Political Rights and the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Member States should not only recognise and respect the right of Union citizens to vote and to stand as a candidate but also ensure easy access to their electoral rights by removing as many obstacles to participation in elections as possible.

(9)

In order to facilitate the exercise by Union citizens of their right to vote and to stand as a candidate in their country of residence, such citizens should be entered on the electoral roll in sufficient time in advance of polling day. The formalities applicable to their registration should be as simple as possible. In order to be registered, it should be sufficient for the Union citizens concerned to produce a valid identity document and a formal declaration that includes elements demonstrating their entitlement to participate in the elections. Once registered, non-national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Where applicable, Union citizens should be able to provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis.

(10)

While Member States are competent to determine the right to vote or to stand as a candidate in elections to the European Parliament as regards nationals who reside outside their territory, the fact that non-national Union citizens have been entered on the electoral roll of their Member State of residence should not in itself constitute grounds for their removal from the electoral roll of their home Member State for other types of election.

(11)

In order to ensure the equal treatment of non-national Union citizens seeking to exercise the right to stand as a candidate for election in their Member State of residence, such citizens should be required to produce the same supporting documents as those required from candidates who are nationals of the Member State concerned. However, in order to establish that such citizens are beneficiaries of the right laid down in Article 20(2), first subparagraph, point (b), and Article 22(2) TFEU, Member States should be able to require the production of a formal declaration that includes the elements necessary to demonstrate their entitlement to stand in the elections in question.

(12)

In order to facilitate the accurate identification of voters and candidates registered both in their home Member State and in their Member State of residence, Member States should be able to require that the data to be provided by Union citizens, when submitting an application to be entered on the electoral roll or to stand as a candidate in the Member State of residence, also include a personal identification number or the serial number of a valid identity or travel document.

(13)

Union citizens who have been deprived of their right to vote or to stand as a candidate, on the basis of an individual civil law or criminal law decision taken by the competent authority, should be precluded from exercising that right in the Member State of residence in elections to the European Parliament. Member States should be able to require that Union citizens applying to register as voters provide a formal declaration confirming that they have not been deprived of their right to vote. When standing as candidates in their country of residence, Union citizens should be required to produce a statement confirming that they have not been deprived of the right to stand in the elections to the European Parliament.

(14)

It should be possible for the Member State of residence to check that Union citizens who have expressed a desire to exercise their right to stand as a candidate have not been deprived of that right in their home Member State. Where a Member State receives a request to that effect from the Member State of residence, it should provide the necessary confirmation within a time limit allowing for the admissibility of the candidacy to be effectively assessed. The personal data being exchanged may be processed only for that purpose. Given the fundamental importance of electoral rights, failure by the home Member State to provide timely information on the status of a Union citizen should not result in the deprivation of the right to stand as a candidate in the Member State of residence. In cases where the relevant information is provided at a later stage, the Member State of residence should ensure, by means of appropriate measures and in accordance with the procedures provided for by its national law, that Union citizens deprived of the right to stand as a candidate in their home Member State who were registered as candidates or have already been elected are prevented from being elected or from exercising their mandate.

(15)

Given that the admissibility procedure in a Member State necessarily entails administrative steps for a national of another Member State in addition to those for the nationals of that Member State, it should be possible for Member States to set a deadline for the submission of applications to stand as a candidate by non-national Union citizens that is different from that set for national Union citizens. Any difference in the deadline should be limited to that which is necessary and proportionate in order to allow for the notification of the information from the home Member State to be taken into account in a timely manner. Establishing such a separate deadline should not affect the deadlines for obligations for other Member States to make notifications pursuant to this Directive.

(16)

In order to prevent multiple voting or instances where the same person would stand as a candidate more than once in the same elections, Member States should exchange information gathered from the formal declarations produced by Union voters and Union citizens entitled to stand as candidates. As Member States rely on different data to identify citizens, a common set of data should be envisaged in order to accurately identify Union voters and Union citizens entitled to stand as candidates and stop them from voting or standing as a candidate more than once. The personal data exchanged should be limited to the minimum necessary to achieve those purposes. Member States should supply the information sufficiently in advance of polling day. Member States should conduct the exchange of information in a way which does not create an unnecessary administrative burden for their competent authorities. Without prejudice to national provisions on the entry of voters on the electoral roll and the submission of candidacies, the Member State of residence should start supplying the available data no later than the date six weeks before that on which the electoral period begins. The data exchanged between Member States should be as accurate as possible, and Member States should be able to update it, having regard to national provisions on the entry of voters on the electoral roll and the submission of candidacies.

(17)

The information exchange between Member States to prevent multiple voting or instances where the same person would stand as a candidate more than once at the same election should not prevent their nationals from voting or standing as candidates in other types of election. To facilitate communication between national authorities, Member States should be required to designate one contact point for that information exchange. A framework was developed in the past by the Commission to be used only by the Member States under their responsibility to exchange the necessary data. That framework should be incorporated in this Directive, to further support exchanges between Member States’ competent authorities. Member States will act as separate controllers for their processing of personal data in this regard. That framework should give access to Member States only to the data of the Union citizens residing in their electoral territory who explicitly expressed their wish to be entered on their electoral rolls or stand as candidates and their own nationals who expressed explicitly the wish to vote or stand as candidates in the Member States of residence.

(18)

For defining responsibilities, obligations and technical standards for the operation of the framework, in accordance with Chapter IV of Regulation (EU) 2016/679 of the European Parliament and of the Council (3), implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (4).

(19)

The accessibility of information on electoral rights and procedures is a key component in ensuring the effective exercise of the right enshrined in Article 20(2), first subparagraph, point (b), and Article 22(2) TFEU. This means, in particular, that such information should be made accessible not only to persons with disabilities, but also to those lacking digital skills, especially older persons, by ensuring that communication does not take place exclusively through one channel.

(20)

The lack of adequate information, in the context of electoral procedures, affects citizens in the exercise of their electoral rights as part of their rights as Union citizens. It also affects the capacity of competent authorities to exercise their rights and to deliver on their obligations. Member States should be required to designate authorities with special responsibilities for providing appropriate information to Union citizens on their rights under Article 20(2), first subparagraph, point (b), and Article 22(2) TFEU and the national rules and procedures regarding participation in and the organisation of elections to the European Parliament. In order to ensure the effectiveness of communications, information should be provided in clear and plain language. This means that information should be provided in a manner that the person concerned understands or can be reasonably expected to understand.

(21)

In order to improve the accessibility of electoral information, such information should be made available, for example on a generally accessible website, in at least one official language of the Union, other than that or those of the host Member State, that is broadly understood by the largest possible number of Union citizens residing on its territory. Translations in such other languages should be purely informative and should not have any legal effect. If any questions arise in relation to the accuracy of the information contained in those translations, only the versions in the official language or languages of that Member State should be considered legally binding. Member States may use different official languages of the Union in specific parts of their territory or their regions depending on the language understood by the largest group of Union citizens residing therein.

(22)

Any derogation from the general rules of this Directive has to be warranted, pursuant to Article 22(2) TFEU, by problems specific to a Member State and has to be in line with the requirements set out in Article 52 of the Charter, including the requirement for any limitation on the exercise of the right to vote and to stand as a candidate in elections to the European Parliament to be provided for by law and be subject to the principles of proportionality and necessity. In addition, any derogation has to be in line with Article 47 of the Charter.

(23)

Specific problems could arise in a Member State in which the proportion of Union citizens of voting age who reside in it but are not nationals of it is very significantly above average. Derogations regarding the right to vote are warranted where such citizens form more than 20 % of the total electorate. Such derogations should be based on the criterion of period of residence.

(24)

Member States in which the proportion of non-national Union citizens of voting age exceeds 20 % of the total number of Union citizens of voting age who reside there should have the possibility to lay down, in compliance with Article 22(2) TFEU, specific provisions concerning the composition of lists of candidates.

(25)

Account has to be taken of the fact that, in certain Member States, residents who are nationals of other Member States have the right to vote in elections to the national parliament. Certain provisions of this Directive may consequently be dispensed within those Member States.

(26)

Statistical data regarding the exercise of electoral rights and the application of this Directive can be useful in the identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. Such statistical data can help evaluate the measures put in place to support the participation of Union citizens in elections and could result in more efficient solutions. In particular, where available, statistical data on the participation of non-national Union citizens in elections, such as data on the registration of voters and candidates and on voter turnout, as well as aggregated anonymised data on nationality, age, language and location, could be useful for Union and national policy measures supporting high turnout and facilitating the exercise of electoral rights. The collection of such data, in full respect of data protection applicable rules, may be conducted, through, inter alia, surveys or any methods of deriving information from public or administrative sources. The European Cooperation Network on Elections could support such a process by developing common references for the collection of data on the participation of non-national Union citizens in elections.

(27)

In order to improve the collection of data for elections to the European Parliament, it is necessary to introduce regular monitoring and reporting of implementation by Member States. The Commission supports such monitoring and reporting, including by circulating, sufficiently in advance of the date of the elections to the European Parliament, a questionnaire to Member States on the participation of Union citizens in the elections. That questionnaire is prepared in cooperation with the members of the European Cooperation Network on Elections. In parallel, the Commission should assess the application of this Directive, and submit a report including the results of that assessment to the European Parliament and to the Council, after each election to the European Parliament.

(28)

The collection and processing of personal data for the purpose of producing statistical data on the participation of non-national Union citizens in elections, as well as the provision of such data to the public and the Commission, should be carried out in full compliance with Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 of the European Parliament and of the Council (5), including the principles of purpose limitation, data minimisation, storage limitation, and integrity and confidentiality. In particular, the processing of personal data for statistical purposes should be subject to appropriate safeguards, in accordance with Article 89(1) of Regulation (EU) 2016/679 and Article 13 of Regulation (EU) 2018/1725. In that regard, data should be shared by using privacy-enhancing technologies that are specifically designed to implement those principles. Statistical data processed for the purposes of this Directive should be aggregated to such a degree that individuals cannot be identified, and should be rendered anonymous prior to their aggregation.

(29)

It is necessary that the Commission conduct its own evaluation of the application of this Directive within a reasonable timeframe after at least two elections to the European Parliament.

(30)

Member States should be able to require non-national Union citizens to submit specific additional data as part of the formal declarations they have to provide in the context of the exercise of their electoral rights. In order to take into account evolving national requirements and practices, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending the list of such data only by adding elements to it. All measures adopted in the exercise of that delegation should be necessary and proportionate to achieve the purposes of this Directive. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (6). In particular, to ensure timely access to all information regarding the preparation of delegated acts, the Council receives all documents at the same time as Member States’ experts, and its experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(31)

The Member States, by ratifying the United Nations Convention on the Rights of Persons with Disabilities, and the Union, by concluding that Convention by means of Council Decision 2010/48/EC (7), have committed themselves to ensuring compliance with that Convention. In order to support inclusive and equal electoral participation for persons with disabilities, arrangements for non-national Union citizens to exercise the right to vote and to stand as a candidate in elections to the European Parliament should have due regard to the needs of citizens with a disability and older citizens.

(32)

Regulations (EU) 2016/679 and (EU) 2018/1725 apply to personal data processed when implementing this Directive.

(33)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered formal comments on 17 January 2022.

(34)

This Directive respects fundamental rights and the principles recognised in particular by the Charter, in particular Articles 21 and 39 thereof. Accordingly, it is essential that this Directive be implemented in accordance with those rights and principles by ensuring full respect for, inter alia, the right to the protection of personal data, the right to non-discrimination, the right to vote and to stand as a candidate in elections to the European Parliament, the freedom of movement and of residence and the right to an effective remedy.

(35)

The obligation to transpose this Directive into national law should be confined to those provisions, that represent a substantive amendment as compared to the earlier Directives. The obligation to transpose the provisions that are unchanged arises under the earlier Directives.

(36)

This Directive should be without prejudice to the obligations of the Member States relating to the time limits for the transposition into national law of the Directives set out in Annex III, Part B,