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21.3.2013 Official
Journal
of
the
European
Union L
79/29
RECOMMENDATIONS
COMMISSION RECOMMENDATION
of 12 March 2013
on enhancing the democratic and efficient conduct of the elections to the European Parliament
(2013/142/EU)
THE EUROPEAN COMMISSION,
(7) To
enable
European
political
parties
to
fully
accomplish
their mission, on 12 September 2012 the Commission
presented a proposal for a Regulation on the statute and
Having regard to the Treaty on the Functioning of the European
funding of European political parties and European
Union, and in particular Article 292 thereof,
political foundations ( 2 ). This proposal aims at ensuring
that European political parties can benefit from a more
visible status and a more flexible, transparent and
Whereas:
efficient framework for their funding. The Commission
also proposed that European political parties would have
to take, in the context of the elections to the European
Parliament, all appropriate measures to inform citizens of
(1) Article
10(2)
of
the
Treaty
on
European
Union
states
that
the Union of the affiliation between national political
citizens are directly represented at Union level in the
parties and the European political parties. When
European Parliament. This helps to ensure that demo
adopted, the new Regulation would repeal and replace
cratic control and accountability occur at the level at
Regulation (EC) No 2004/2003 of the European
which decisions are taken.
Parliament and of the Council of 4 November 2003
on the regulations governing political parties at
European level and the rules regarding their funding ( 3 ).
(2) Article
10(3)
of
the
Treaty
on
European
Union
states
that
every citizen shall have the right to participate in the
democratic life of the Union and that decisions shall be
taken as openly and as closely as possible to the citizen.
(8) Creating
a
transparent
link
between
the
national
parties
for which citizens of the Union cast their votes and the
European political parties to which the national parties
(3)
The Treaty of Lisbon enhances the role of citizens of the
are affiliated should allow European political parties to
Union as political actors, establishing a solid link
express more directly the will of citizens of the Union
between citizens, the exercise of their political rights
and should have a powerful impact on the transparency
and the democratic life of the Union.
of decision-making in the Union.
(4)
Reinforcing the democratic legitimacy of the EU decision-
making process and bringing the system closer to Union
(9) Further
enhancing
the
transparency
of
the
elections
to
citizens is particularly relevant in view of the actions
the European Parliament will contribute to better
required at EU level to address the financial and
reflecting the strengthened role and powers of the
sovereign debt crisis.
European Parliament under the Treaty of Lisbon.
Strengthening the connection of citizens of the Union
to the democratic process of the Union is a necessary
(5) The
Commission
Communication
of
28
November
2012
corollary to closer institutional integration.
on ‘A blueprint for a deep and genuine economic and
monetary union — Launching a European debate’ ( 1 )
underlined that reinforced democratic legitimacy and
accountability are a necessary part of any European
(10) Additional
measures
would
enhance
the
visibility
of
the
Union reform.
European political parties during the whole electoral
process, from the campaign to the casting of votes,
and enable them to efficiently bridge the divide
(6) Article
10(4)
of
the
Treaty
on
European
Union
and
between politics and citizens of the Union, comple
Article 12(2) of the Charter of Fundamental Rights of
menting the information obligation foreseen for
the European Union confer a key role on European
European political parties by the Commission proposal
political parties highlighting their contribution to
for a Regulation on the statute and funding of European
forming European political awareness and to expressing
political parties and European political foundations.
the will of the citizens of the Union.
( 2 ) COM(2012) 499 final.
( 1 ) COM(2012) 777 final/2.
( 3 ) OJ L 297, 15.11.2003, p. 1.

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L 79/30
EN
Official Journal of the European Union
21.3.2013
(11) It
is
already
an
established
practice
in
a
number
of
monetary union — Launching a European Debate’, the
Member States for some or all national parties to
Commission highlighted the nomination of candidates
indicate on the ballots for elections to the European
for President of the Commission by political parties in
Parliament their affiliation to a European political party.
the elections to the European Parliament of 2014 as one
To ensure the visibility of the European political parties
of the important steps to foster the emergence of a
during the whole European electoral process, it would be
genuine European political sphere.
important that all Member States encourage and facilitate
the provision of information to the electorate on the
affiliation of national parties to European political
parties. To further enhance the transparency of the
(16) It
is
therefore
appropriate
to
raise
the
awareness
of
elections to the European Parliament whilst at the same
citizens of the Union regarding the pivotal role of their
time increasing the accountability of political parties
vote in determining who will be the President of the
participating in the European electoral process and
Commission and regarding the candidates for that
voters’ trust in this process, national parties should
function who are supported by the parties they vote
make publicly known, ahead of the elections, their
for in the elections to the European Parliament.
affiliation to a given European political party. Apart
from various party events, such as party congresses, the
electoral campaigns of the national parties are indeed the
(17) If European political parties and national parties make
most appropriate and efficient means of making this
known the candidates for President of the Commission
affiliation known and give it strong visibility.
they support, and the candidate’s programme, in the
context of the elections to the European Parliament,
this would make concrete and visible the link between
(12) Decision
No
1093/2012/EU
of
the
European
Parliament
the individual vote of a citizen of the Union for a
and of the Council ( 1 ) declared that 2013 is the European
political party in the European elections and the
Year of Citizens. Further enhancing the power of citizens
candidate for President of the Commission supported
in European Parliament elections is an important step to
by that party. This should increase the legitimacy of
take place this year.
the President of the Commission, the accountability of
the Commission to the European Parliament and the
European electorate and, more generally, increase the
democratic legitimacy of the whole decision-making
(13) Since the Treaty of Lisbon, the President of the
Commission is elected by the European Parliament, in
process in the Union. Political broadcasts serve the
accordance with the procedure laid down in Article 17(7)
purpose of allowing the electorate to make informed
of the Treaty on European Union, and taking into
choices. Therefore it is appropriate that national
account the arrangements foreseen in Declaration No
political parties should also use this means to make
11 to the Treaty of Lisbon. These procedures require
known which candidate for President of the Commission
that the elections to the European Parliament must be
they support and the candidate’s programme.
taken into account and that appropriate consultations
between the European Council and the European
Parliament must be carried out in electing the President
(18) Elections
to
the
European
Parliament
currently
take
place
of the Commission. These provisions thus reflect the
over a period of several days as they are held on different
increased role of the European Parliament in the desig
days in different Member States. A common European
nation of the President of the Commission and the
voting day with polling stations closing at the same time
relevance in this process of the outcome of the
would better reflect common participation by citizens
elections to the European Parliament.
across the Union and therefore is part of the represen
tative democracy on which the EU is founded.
(14) In
its
Resolution
of
22
November
2012
on
Elections
to
the European Parliament in 2014 ( 2 ), the European
Parliament urged the European political parties to
(19) Citizens of the Union have the right to vote and to stand
as candidates in elections to the European Parliament in
nominate candidates for President of the Commission,
the Member State where they choose to live, pursuant to
noting that it expected those candidates to play a
Article 22(2) TFEU put into effect by Council Directive
leading role in the parliamentary electoral campaign, in
93/109/EC of 6 December 1993 laying down detailed
particular by personally presenting their programme in
arrangements for the exercise of the right to vote and
all Member States of the Union. This resolution further
stand as a candidate in elections to the European
emphasises the increased role that the elections to the
Parliament for citizens of the Union residing in a
European Parliament play in electing the President of the
Member State of which they are not nationals (
Commission.

3 ).

(15) In
its
Communication
of
28
November
2012
on
‘A
(20) Directive
93/109/EC
establishes
an
information
exchange
blueprint for a deep and genuine economic and
mechanism aimed at ensuring that citizens cannot vote
or stand as candidates in more than one Member State in
the same elections.
( 1 ) OJ L 325, 23.11.2012, p. 1.
( 2 ) European Parliament Resolution of 22 November 2012 on the
elections to the European Parliament in 2014 (2012/2829(RSP)).
( 3 ) OJ L 329, 30.12.1993, p. 34.

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EN
21.3.2013 Official
Journal
of
the
European
Union L
79/31
(21) A
number
of
Commission
reports
on
the
application
of
HAS ADOPTED THIS RECOMMENDATION:
Directive 93/109/EC over the years ( 1 ), and most recently
the 2010 report on the evaluation of the 2009 European
elections ( 2 ), have revealed deficiencies in the functioning
of the mechanism to prevent multiple voting and
DEMOCRATIC CONDUCT OF THE ELECTIONS
candidacies. Those deficiencies are due in particular to
Encouraging and facilitating information for voters on
the insufficient personal data that the Member States of
the affiliation between national parties and European
residence notify under the Directive to the home Member
political parties
States of citizens of the Union. The deficiencies are also
due to the differences in the electoral calendars of the
1. Member States should encourage and facilitate the provision
Member States. As a consequence, large numbers of
of information to the electorate on the affiliation between
citizens of the Union who registered to vote in their
national parties and European political parties before and
Member State of residence could not be identified by
during the elections to the European Parliament, inter alia,
their home Member State.
by allowing and encouraging the indication of such an
affiliation on the ballots used in those elections.
(22) Measures
based
on
extensive
consultations
with
Member
States’ experts and drawing upon good practices
identified in this context could effectively address some
Informing voters about the affiliation between national
of those deficiencies so as to improve the functioning of
parties and European political parties
the mechanism in the 2014 European elections and to
alleviate the administrative burden on national auth
2. National political parties participating in the elections to the
orities.
European Parliament should make publicly known ahead of
those elections their affiliation with European political
(23) The
majority
of
Member
States
have
already
set
up
a
parties. National political parties should prominently
single contact authority for exchanging data on voters
display their affiliation with European political parties in all
and candidates in the framework of Directive 93/109/EC.
campaign materials, communications and political broad
The overall efficiency of the mechanism would be
casts.
increased if all Member States were to set up such an
authority.
Support for a candidate for President of the European
(24) The
dates
when
electoral
rolls
close
vary
widely
between
Commission
Member States, ranging from two months to five days
before election day. It would increase the efficiency of the
3. European and national political parties should make known,
mechanism if the Member States, taking into account the
ahead of the elections to the European Parliament, the
timing of the electoral process in the other Member
candidate for the function of the President of the European
States, would send the data on voters at a time when
Commission they support and the candidate’s programme.
the national arrangements of the respective home
Member States still allow for taking the necessary
measures. Several further technical aspects of the trans
National political parties should ensure that their political
mission of data could be improved in order to increase
broadcasts in view of the European Parliament elections
the efficiency of the mechanism. These include the use of
are also used to inform citizens about the candidate for
a common electronic format and a common character
the function of President of the European Commission
set, the mode of transmission and the encryption method
they support and about the candidate’s programme.
applied to guarantee an appropriate level of protection of
personal data.
Common voting day
(25) The
provision
of
certain
additional
personal
data
on
voters to be notified by the Member States of residence,
4. Member States should agree on a common day for elections
which are not expressly required by Directive 93/109/EC,
to the European Parliament with polling stations closing at
would allow home Member States to identify more effi
the same time.
ciently their nationals on the electoral rolls. The personal
data which may be necessary for the efficiency of the
mechanism varies between Member States.
EFFICIENT CONDUCT OF THE ELECTIONS
(26) Any
processing
of
personal
data
within
the
framework
of
Single contact authority
the information exchange mechanism should comply
with the national laws implementing Directive
5. The Member States should set up a single contact authority
95/46/EC of the European Parliament and of the
in charge of the exchange of data on voters, for the imple
Council of 24 October 1995 on the protection of indi
mentation of Article 13 of Directive 93/109/EC.
viduals with regard to the processing of personal data
and on the free movement of such data ( 3 ).
Transmission of data
( 1 ) COM(97)731 final, COM(2000)843 final, COM(2006)790 final.
( 2 ) COM(2010)605 final.
6. Member States should take account, as far as possible, of
( 3 ) OJ L 281, 23.11.1995, p. 31.
each other’s electoral arrangements, so that the Member

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L 79/32
EN
Official Journal of the European Union
21.3.2013
State of residence sends the data on voters in time for the
uniform and secure electronic means, as set out in the
respective home Member State to take the necessary
Annex. The Member States should transmit the data in
measures.
one single package per home Member State, with one
further transmission at a later stage for updates, where
Additional data allowing for more efficient identifi
necessary.
cation
7. The Member States of residence are encouraged to transmit,
This Recommendation is addressed to the Member States
in addition to the personal data foreseen in Article 9 of
and to the European and national political parties.
Directive 93/109/EC, all relevant personal data, which may
be necessary for the identification of voters by the authorities
of their home Member State.
Done at Brussels, 12 March 2013.
Technical means for safe and efficient transmission of
data
For the Commission
8. For exchanging the data as provided in Article 13 of
Viviane REDING
Directive 93/109/EC the Member States should use a
Vice-President
ANNEX
Detailed technical arrangements for the implementation of Article 13 of Directive 93/109/EC
1. For exchanging the data as provided in Article 13 of Directive 93/109/EC the Member States should use files following
the Extensible Markup Language format (‘XML’). These XML files should be transmitted exclusively via electronic means
in a secure way.
2. The Member States should use the Universal Character Set Transformation Format — 8-bit (UTF-8) to record and
transmit the data of voters within the information exchange mechanism.
3. The Member States should use the W3C XML Encryption Syntax and Processing recommendation, involving the
exchange of a public key and a private key, to guarantee an appropriate level of protection of the personal data
transmitted.

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