EUR-Lex - 31992L0013 - EN Avis juridique important | 31992L0013 Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors Official Journal L 076 , 23/03/1992 P. 0014 - 0020 Finnish special edition: Chapter 6 Volume 3 P. 0127 Swedish special edition: Chapter 6 Volume 3 P. 0127 COUNCIL DIRECTIVE 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectorsTHE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission(1) , In cooperation with the European Parliament(2) , Having regard to the opinion of the Economic and Social Committee(3) , Whereas Council Directive 90/531/EEC of 17 September 1990 on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors(4) lays down rules for procurement procedures to ensure that potential suppliers and contractors have a fair opportunity to secure the award of contracts, but does not contain any specific provisions ensuring its effective application; Whereas the existing arrangements at both national and Community levels for ensuring its application are not always adequate; Whereas the absence of effective remedies or the inadequacy of existing remedies could deter Community undertakings from submitting tenders; whereas, therefore, the Member States must remedy this situation; Whereas Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts(5) is limited to contract award procedures within the scope of Council Directive 71/305/EEC of 26 July 1971 concerning the coordination of procedures for the award of public works contracts(6) , as last amended by Directive 90/531/EEC, and Council Directive 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contracts(7) , as last amended by Directive 90/531/EEC; Whereas the opening-up of procurement in the sectors concerned to Community competition implies that provisions must be adopted to ensure that appropriate review procedures are made available to suppliers or contractors in the event of infringement of the relevant Community law or national rules implementing that law; Whereas it is necessary to provide for a substantial increase in the guarantees of transparency and non-discrimination and whereas, for it to have tangible effects, effective and rapid remedies must be available; Whereas account must be taken of the specific nature of certain legal orders by authorizing the Member States to choose between the introduction of different powers for the review bodies which have equivalent effects; Whereas one of these options includes the power to intervene directly in the contracting entities' procurement procedures such as by suspending them, or by setting aside decisions or discriminatory clauses in documents or publications; Whereas the other option provides for the power to exert effective indirect pressure on the contracting entities in order to make them correct any infringements or prevent them from committing infringements, and to prevent injury from occurring; Whereas claims for damages must always be possible; Whereas, where a claim is made for damages representing the costs of preparing a bid or of participating in an award procedure, the person making the claim is not be required, in order to obtain the reimbursement of his costs, to prove that the contract would have been awarded to him in the absence of such infringement; Whereas the contracting entities which comply with the procurement rules may make this known through appropriate means; whereas this requires an examination, by independent persons, of procurement procedures and practices applied by those entities; Whereas for this purpose an attestation system, allowing for a declaration on the correct application of the procurement rules, to be made in notices published in the Official Journal of the European Communities, is appropriate; Whereas the contracting entities should have the opportunity of having recourse to the attestation system if they so wish; whereas the Member States must offer them the possibility of doing so; whereas they can do so either by setting up the system themselves or by allowing the contracting entities to have recourse to the attestation system established by another Member State; whereas they may confer the task of carrying out the examination under the attestation system to persons, professions or staff of institutions; Whereas the necessary flexibility in the introduction of such a system is guaranteed by laying down the essential requirements for it in this Directive; whereas operational details should be provided in European Standards to which this Directive refers; Whereas the Member States may need to determine operational details prior to, or in addition to, the rules contained in European Standards; Whereas, when undertakings do not seek review, certain infringements may not be corrected unless a specific mechanism is put in place; Whereas, accordingly, the Commission, when it considers that a clear and manifest infringement has been committed during a contract award procedure, should be able to bring it to the attention of the competent authorities of the Member State and of the contracting entity concerned so that appropriate steps are taken for the rapid correction of that infringement; Whereas it is necessary to provide for the possibility of conciliation at Community level to enable disputes to be settled amicably; Whereas the application in practice of this Directive should be reviewed at the same time as that of Directive 90/531/EEC on the basis of information to be supplied by the Member States concerning the functioning of the national review procedures; Whereas this Directive must be brought into effect at the same time as Directive 90/531/EEC; Whereas it is appropriate that the Kingdom of Spain, the Hellenic Republic and the Portuguese Republic are granted adequate additional periods to transpose this Directive, taking account of the dates of application of Directive 90/531/EEC in those countries, HAS ADOPTED THIS DIRECTIVE: CHAPTER I Remedies at national level Article 1 1. The Member States shall take the measures necessary to ensure that decisions taken by contracting entities may be reviewed effectively and, in particular, as rapidly as possible in accordance with the conditions set out in the following Articles and, in particular, Article 2 (8), on the grounds that such decisions have infringed Community law in the field or procurement or national rules implementing that law as regards: (a) contract award procedures falling within the scope of Council Directive 90/531/EEC; and (b) compliance with Article 3 (2) (a) of that Directive in the case of the contracting entities to which that provision applies. 2. Member States shall ensure that there is no discrimination between undertakings likely to make a claim for injury in the context of a procedure for the award of a contract as a result of the distinction made by this Directive between national rules implementing Community law and other national rules. 3. The Member States shall ensure that the review procedures are available, under detailed rules which the Member States may establish, at least to any person having or having had an interest in obtaining a particular contract and who has been or risks being harmed by an alleged infringement. In particular, the Member States may require that the person seeking the review must have previously notified the contracting entity of the alleged infringement and of his intention to seek review. Article 2 1. The Member States shall ensure that the measures taken concerning the review procedures specified in Article 1 include provision for the powers: either (a) to take, at the earliest opportunity and by way of interlocutory procedure, interim measures with the aim of correcting the alleged infringement or preventing further injury to the interests concerned, including measures to suspend or to ensure the suspension of the procedure for the award of a contract or the implementation of any decision taken by the contracting entity; and (b) to set aside or ensure the setting aside of decisions taken unlawfully, including the removal of discriminatory technical, economic or financial specifications in the notice of contract, the periodic indicative notice, the notice on the existence of a system of qualification, the invitation to tender, the contract documents or in any other document relating to the contract award procedure in question; or (c) to take, at the earliest opportunity, if possible by way of interlocutory procedures and if necessary by a final procedure on the substance, measures other than those provided for in points (a) and (b) with the aim of correcting any identified infringement and preventing injury to the interests concerned; in particular, making an order for the payment of a particular sum, in cases where the infringement has not been corrected or prevented. Member States may take this choice either for all contracting entities or for categories of entities defined on the basis of objective criteria, in any event preserving the effectiveness of the measures laid down in order to prevent injury being caused to the interests concerned; (d) and, in both the above cases, to award damages to persons injured by the infringement. Where damages are claimed on the grounds that a decision has been taken unlawfully, Member States may, where their system of internal law so requires and provides bodies having the necessary powers for that purpose, provide that the contested decision must first be set aside or declared illegal. 2. The powers referred to in paragraph 1 may be conferred on separate bodies responsible for different aspects of the review procedure. 3. Review procedures need not in themselves have an automatic suspensive effect on the contract award procedures to which they relate. 4. The Member States may provide that, when considering whether to order interim measures, the body responsible may take into account the probable consequences of the measures for all interests likely to be harmed, as well as the public interest, and may decide not to grant such measures where their negative consequences could exceed their benefits. A decision no to grant interim measures shall not prejudice any other claim of the person seeking these measures. 5. The sum to be paid in accordance with paragraph 1 (c) must be set at a level high enough to dissuade the contracting entity from committing or persisting in an infringement. The payment of that sum may be made to depend upon a final decision that the infringement has in fact taken place. 6. The effects of the exercise of the powers referred to in paragraph 1 on a contract concluded subsequent to its award shall be determined by national law. Furthermore, except where a decision must be set aside prior to the award of damages, a Member State may provide that, after the conclusion of a contract following its award, the powers of the body responsible for the review procedures shall be limited to awarding damages to any person harmed by an infringement. 7. Where a claim is made for damages representing the costs of preparing a bid or of participating in an award procedure, the person making the claim shall be required only to prove an infringement of Community law in the field of procurement or national rules implementing that law and that he would have had a real chance of winning the contract and that, as a consequence of that infringement, that chance was adversely affected. 8. The Member States shall ensure that decisions taken by bodies responsible for review procedures can be effectively enforced. 9. Whereas bodies responsible for review procedures are not judicial in character, written reasons for their decisions shall always be given. Furthermore, in such a case, provision must be made to guarantee procedures whereby any allegedly illegal measures taken by the review body or any alleged defect in the exercise of the powers conferred on it can be the subject of judicial review or review by another body which is a court or tribunal within the meaning of Article 177 of the Treaty and independent of both the contracting entity and the review body. The members of the independent body referred to in the first paragraph shall be appointed and leave office under the same conditions as members of the judiciary as regards the authority responsible for their appointment, their period of office, and their removal. At least the President of this independent body shall have the same legal and professional qualifications as members of the judiciary. The independent body shall take its decisions following a procedure in which both sides are heard, and these decisions shall, by means determined by each Member State, be legally binding. CHAPTER 2 Attestation Article 3 The Member States shall give contracting entities the possibility of having recourse to an attestation system in accordance with Articles 4 to 7. Article 4 Contracting entities may have their contract award procedures and practices which fall within the scope of Directive 90/531/EEC examined periodically with a view to obtaining an attestation that, at that time, those procedures and practices are in conformity with Community law concerning the award of contracts and the national rules implementing the law. Article 5 1. Attestors shall report to the contracting entity, in writing, on the results of their examination. They shall satisfy themselves, before delivering to the contracting entity the attestation referred to in Article 4, that any irregularities identified in the contracting entity's award procedures and practices have been corrected and measures have been taken to ensure that those irregularities are not repeated. 2. Contracting entities having obtained that attestation may include the following statement in notice published in the Official Journal of the European Communities pursuant to Articles 16 to 18 of Directive 90/531/EEC: 'The contracting entity has obtained an attestation in accordance with Council Directive 92/13/EEC that, on ................., its contract award procedures and practices were in conformity with Community law and the national rules implementing that law.' Article 6 1. Attestors shall be independent of the contracting entities and must be completely objective in carrying out their duties. They shall offer appropriate guarantees of relevant professional qualifications and experience. 2. Member States may identify any persons, professions or institutions whose staff, called upon the act as attestors, they regard as fulfilling the requirements of paragraph 1. For these purposes, Member States may require professional qualifications, at least at the level of a higher education diploma within the meaning of Directive 89/48/EEC(8) , which they regard as relevant, or provide that particular examinations of professional competence organized or recognized by the State offer such guarantees. Article 7 The provisions of Articles 4, 5 and 6 shall be considered as essential requirements for the development of European standards on attestation. CHAPTER 3 Corrective mechanism Article 8 1. The Commission may invoke the procedures for which this Article provides when, prior to a contract being concluded, it considers that a clear and manifest infringement of Community provisions in the field of procurement has been committed during a contract award procedure fallig within the scope of Directive 90/531/EEC or in relation to Article 3 (2) (a) of that Directive in the case of the contracting entities to which that provision applies. 2. The Commission shall notify the Member States and the contracting entity concerned of the reasons which have led it to conclude that a clear and manifest infringement has been committed and request its correction by appropriate means. 3. Within 30 days of receipt of the notification referred to in paragraph 2, the Member States concerned shall communicate to the Commission: (a) its confirmation that the infringement has been corrected; or (b) a reasoned submission as to why no correction has been made; or (c) a notice to the effect that the contract award procedure has been suspended either by the contracting entity on its own initiative or on the basis of the powers specified in Article 2 (1) (a). 4. A reasoned submission in accordance with paragraph 3 (b) may rely among other matters on the fact that the alleged infringement is already the subject of judicial review proceedings or of a review as referred to in Article 2 (9). In such a case, the Member State shall inform the Commission of the result of those proceedings as soon as it becomes known. 5. Where notice has been given that a contract award procedure has been suspended in accordance with paragraph 3 (c), the Member State concerned shall notify the Commission when the suspension is lifted or another contract procedure relating in whole or in part to the same subject matter is begun. That new notification shall confirm that the alleged infringement has been corrected or include an reasoned submission as to why no correction has been made. CHAPTER 4 Conciliation Article 9 1. Any person having or having had an interest in obtaining a particular contract falling within the scope of Directive 90/531/EEC and who, in relation to the procedure for the award of that contract, considers that he has been or risks being harmed by an alleged infringement of Community law in the field of procurement or national rules impelementing that law may request the application of the conciliation procedure provided for in Articles 10 and 11. 2. The request referred to in paragraph 1 shall be addressed in writing to the Commission or to the national authorities listed in the Annex. These authorities shall forward requests to the Commission as quickly as possible. Article 10 1. Where the Commission considers, on the basis of the request referred to in Article 9, that the dispute concerns the correct application of Community law, it shall ask the contracting entity to state whether it is willing to take part in the conciliation procedure. If the contracting entity declines to take part, the Commission shall inform the person who made the request that the procedure cannot be initiated. If the contracting entity agrees, paragraphs 2 to 7 shall apply. 2. The Commission shall propose, as quickly as possible, a conciliator drawn from a list of independent persons accredited for this purpose. This list shall be drawn up by the Commission, following consultation of the Advisory Committee for Public Contracts or, in the case of contracting entities the activities of which are defined in Article 2 (2) (d) of Directive 90/531/EEC, following consultation of the Advisory Committee on Telecommunications Procurement. Each party to the conciliation procedure shall declare whether it accepts the conciliator, and shall designate an additional conciliator. The conciliators may invite not more than two other persons as experts to advices them in their work. The parties to the conciliation procedure and the Commission may reject any expert invited by the conciliators. 3. The conciliators shall give the person requesting the application of the conciliation procedure, the contracting entity and any other candidate or tenderer participating in the relevant contract award procedure the opportunity to make representations on the matter either orally or in writing. 4. The conciliators shall endeavour as quickly as possible to reach an agreement between the parties which is in accordance with Community law. 5. The conciliators shall report to the Commission on their findings and on any result achieved. 6. The person requesting the application of the concilation procedure and the contracting entity shall have the right to terminate the procedure at any time. 7. Unless the parties decide otherwise, the person requesting the application of the conciliation procedure and the contracting entity shall be responsible for their own costs. In addition, they shall each bear half of the costs of the procedure, excluding the costs of intervening parties. Article 11 1. Where, in relation to a particular contract award procedure, an interested person within the meaning of Article 9, other than the person requesting the conciliation procedure, is pursuing judicial review proceedings or other proceedings for review within the meaning of this Directive, the contracting entity shall inform the conciliators. These shall inform that person that a request has been made to apply the conciliation procedure and shall invite that person to indicate within a given time limit whether he agrees to participate in that procedure. If that person refuses to participate, the conciliators may decide, acting if necessary by a majority, to terminate the conciliation procedure if they consider that the participation of this person is necessary to resolve the dispute. They shall notify their decision to the Committee and give the reasons for it. 2. Action taken pursuant to this Chapter shall be without prejudice to: (a) any action that the Commission or any Member State might take pursuant ot Articles 169 or 170 of the Treaty or pursuant to Chapter 3 of this Directive; (b) the rights of the persons requesting the conciliation procedure, of the contracting entity or of any other person. CHAPTER 5 Final provisions Article 12 1. Not later than four years after the application of this Directive, the Commission, in consultation with the Advisory Committee for Public Contracts, shall review the manner in which the provisions of this Directive have been implemented and, in particular, the use of the European Standards and, if necessary, make proposals for amendments. 2. Before 1 March each year the Member States shall communicate to the Commission information on the operation of their national review procedures during the preceding calendar year. The nature of the information shall be determined by the Commission in consultation with the Advisory Committee for Public Contracts. 3. In the case of matters relating to contracting entities the activities of which are defined in Article 2 (2) (d) of Directive 90/531/EEC, the Commission shall also consult the Advisory Committee on Telecommunications Procurement. Article 13 1. Member States shall take, before 1 January 1993, the measures necessary to comply with this Directive. The Kingdom of Spain shall take these measures not later than 30 June 1995. The Hellenic Republic and the Portuguese Republic shall take these measures not later than 30 June 1997. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain an reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States. 2. Member States shall bring into force the measures referred to in paragraph 1 on the same dates as those (laid down in Directive 90/531/EEC). 3. Member States shall communicate to the Commission the texts of the main provisions of domestic law which they adopt in the field governed by this Directive. Article 14 This Directive is addressed to the Member States. Done at Brussels, 25 February 1992. For the CouncilThe PresidentVitor MARTINS (1) OJ No C 216, 31. 8. 1990, p. 8; and OJ No C 179, 10. 7. 1991, p. 18. (2) OJ No C 106, 22. 4. 1991, p. 82 and OJ No C 39, 17. 2. 1992. (3) OJ No C 60, 8. 3. 1991, p. 16. (4) OJ No L 297, 29. 10. 1990, p. 1. (5) OJ No L 395, 30. 12. 1989, p. 33. (6) OJ No L 185, 16. 8. 1971, p. 5. (7) OJ No L 13, 15. 1. 1977, p. 1. (8) OJ No L 19, 24. 1. 1989, p. 16. ANNEX National authorities to which requests for application of the conciliation procedure referred to in Article 9 may be addressed Belgium Services du Premier Ministre Diensten Van de Eerste Minister Ministère des Affaires économiques Ministerie van Economische Zaken Denmark Industri- og Handelsstyrelsen (supply contracts) Boligsministeriet (works contracts) Germany Bundesministerium fuer Wirtschaft Greece Ypoyrgeio Viomichanias, Energeias kai Technologias Ypoyrgeio Emporioy Ypoyrgeio Perivallontos, Chorotaxias kai Dimosion Ergon Spain Ministerio de Economía y Hacienda France Commission centrale des marchés Ireland Department of Finance Italy Presidenza del Consiglio dei Ministri Politiche Comunitarie Luxembourg Ministère des travaux publics Netherlands Ministerie van Economische Zaken Portugal Conselho de mercados de obras publicas e particulares United Kingdom HM Treasury

Summary: Awards of public contracts and concessions — water, energy, transport and telecommunications sectors Awards of public contracts and concessions — water, energy, transport and telecommunications sectors SUMMARY OF: Directive 92/13/EEC coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors WHAT IS THE AIM OF THE DIRECTIVE? It requires EU countries to ensure that decisions on the award of public contracts and concessions in the utilities sector, as well as preliminary procedural decisions in that context, can be reviewed quickly and effectively on the grounds that those decisions have infringed EU public procurement law. KEY POINTS Directive 92/13/EEC applies to public contracts and concessions in the utilities sector falling within the scope of the relevant substantive rules (Directive 2014/23/EU — see summary — and Directive 2014/25/EU — see summary — the latter replacing Directive 2004/17/EC from 18 April 2016). EU countries must ensure that the review procedures are available at least to any person having, or having had, an interest in obtaining a particular contract and who has been, or risks being, harmed by an alleged infringement. Directive 92/13/EEC allows actions to be brought both before the contract is signed (pre-contractual remedies) and after (post-contractual remedies). Pre-contractual remedies are intended to correct the infringement of the public procurement rules in the course of the tendering procedure and, in any event, before the contract becomes effective. These include the right of interim measures, a compulsory standstill period and the requirement to suspend the award procedure whilst the appeal is being investigated to prevent the award of the contract.Post-contractual remedies aim to declare an existing contract ineffective and/or to provide compensation (mainly damages) to the affected parties after the contract in question has been awarded. Directive 92/13/EEC was thoroughly amended by Directive 2007/66/EC. Directive 2014/23/EU introduced further amendments, mainly to increase the scope of Directive 92/13/EEC with regard to concessions under Directive 2014/23/EU and to update the references to the substantive rules for public contracts laid down in Directive 2014/25/EU. Directive 89/665/EEC (see summary) is the equivalent of Directive 92/13/EEC for the public sector. It was thoroughly amended by Directive 2007/66/EC. Directive 2014/23/EU introduced further amendments for its own needs and for those of Directive 2014/24/EU (see summary). FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 6 March 1992 and had to become law in the EU countries by 1 January 1993. BACKGROUND For more information, see: Remedies Directives (European Commission). MAIN DOCUMENT Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, pp. 14-20) Successive amendments to Directive 92/13/EEC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, pp. 1-64) See consolidated version. Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, pp. 65-242) See consolidated version. Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, pp. 243-374) See consolidated version. last update 09.01.2020


EUR-Lex - 31992L0106 - EN Avis juridique important | 31992L0106 Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States Official Journal L 368 , 17/12/1992 P. 0038 - 0042 Finnish special edition: Chapter 7 Volume 4 P. 0148 Swedish special edition: Chapter 7 Volume 4 P. 0148 COUNCIL DIRECTIVE 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member StatesTHE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 75 and 84 (2) thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Council Directive 75/130/EEC of 17 February 1975 on the establishment of common rules for certain types of combined road/rail carriage of goods between Member States (4) has been amended several times; whereas on the occasion of further amendments the Directive should be recast in the interests of clarity; Whereas the internal market is leading to an increase in traffic; whereas the Community must do what is necessary to ensure optimum management of its transport resources in the interest of all citizens, which means using combined transport; Whereas the increasing problems relating to road congestion, the environment and road safety call, in the public interest, for the further development of combined transport as an alternative to road transport; Whereas measures must be taken to make possible the development and further improvement of transport methods based on the intermodality of forms of transport and on the specific means and requirements of transport operators and users; whereas such measures must cover combined forms of transport bringing together road and other modes of transport, such as rail, inland waterway and sea transport; Whereas greater recourse to combined transport will be encouraged by freedom from all quantitative restrictions and by the elimination of various administrative constraints which still exist in the field of road transport; Whereas for combined transport methods to result in a real reduction in road congestion, such liberalization should relate to road journeys of limited distance; Whereas the liberalization of the initial and final sections of a combined transport operation should be extended to combined transport operations using sea routes provided that the sea journey represents an important part of the combined transport operation; Whereas the Commission should submit a report every two years, starting before 1 July 1995, on the application of this Directive; Whereas the development of combined transport would also be facilitated by stimulation measures and whereas it is therefore appropriate to reduce taxation on the use or possession of commercial vehicles to the exent that they are carried by rail and to exempt initial and final road haulage legs from compulsory tariff regulations; Whereas access by own-account transport to combined transport should be facilitated; Whereas this Directive must not affect Member States' obligations regarding the time-limits for the transportation into national law and implementation of the Directives which make up the recast version, HAS ADOPTED THIS DIRECTIVE: Article 1 1. This Directive shall apply to combined transport operations, without prejudice to Regulation (EEC) No 881/92 (5). For the purposes of this Directive, 'combined transport' means the transport of goods between Member States where the lorry, trailer, semi-trailer, with or without tractor unit, swap body or container of 20 feet or more uses the road on the initial or final leg of the journey and, on the other leg, rail or inland waterway or maritime services where this section exceeds 100 km as the crow flies and make the initial or final road transport leg of the journey; - between the point where the goods are loaded and the nearest suitable rail loading station for the initial leg, and between the nearest suitable rail unloading station and the point where the goods are unloaded for the final leg, or; - within a radius not exceeding 150 km as the crow flies from the inland waterway port or seaport of loading or unloading. Article 2 Each of the Member States shall, by 1 July 1993, liberalize the combined transport operations referred to in Article 1 from all quota systems and systems of authorization. Article 3 In the case of combined transport for hire or reward, a transport document which fulfils at least the requirements laid down in Article 6 of Council Regulation No 11 of 27 June 1960 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79 (3) of the Treaty establishing the European Economic Community (6), shall also specify the rail loading and unloading stations relating to the rail leg, or the inland waterway loading and unloading ports relating to the inland waterway leg, or the maritime loading and unloading ports relating to the maritime section of the journey. These details shall be recorded before the transport operation is carried out and shall be confirmed by means of a stamp affixed by the rail or port authorities in the railway stations or inland waterway or sea ports concerned when that part of the journey carried out by rail or inland waterway or by sea has been completed. Article 4 All hauliers established in a Member State who meet the conditions of access to the occupation and access to the market for transport of goods between Member States shall have the right to carry out, in the context of a combined transport operation between Member States, initial and/or final road haulage legs which form an integral part of the combined transport operation and which may or may not include the crossing of a frontier. Article 5 1. Every two years and in the first instance by 1 July 1995 the Commission shall draw up a report to the Council on: - the economic development of combined transport, - the application of Community law in this area, - the definition, where necessary, of further measures to promote combined transport operations. 2. When drawing up the report referred to in paragraph 1, the Commission shall be assisted by representatives of the Member State to collect the information necessary for this purpose. The report shall analyze the information and statistics relating in particular to: - transport links used in combined transport operation, - the number of vehicles (a road train counting as a single vehicle), swap bodies and containers transported over the various transport links, - transported tonnages, - services carried out, in terms of tonnes/kilometres. The report shall, where appropriate, propose solutions for the subsequent improvement of such information and the situation in the combined transport sector. Article 6 1. Member States shall take the measures necessary to ensure that the taxes listed in paragraph 3 which are applicable to road vehicles (lorries, tractors, trailers or semi-trailers) when routed in combined transport are reduced or reimbursed either by a standard amount, or in proportion to the journeys that such vehicles undertake by rail, within limits and in accordance with conditions and rules they fix after consultation with the Commission. The reductions of reimbursements referred to in the first paragraph shall be granted by the State in which the vehicles are registered, on the basis of the rail journeys effected within that State. Member States may, however, grant these reductions or reimbursements on the basis of the rail journeys which take place partially or wholly outside the Member State in which the vehicles are registered. 2. Without prejudice to the provisions resulting from a possible reorganization of national taxation systems for commercial vehicles at Community level, vehicles used exclusively for road haulage in feeder or final delivery carriage by combined transport may be exempted, if they are taxed separately, from the taxes listed in paragraph 3. 3. The taxes referred to in paragraphs 1 and 2 are the following: - Belgium: taxe de circulation sur les véhicules automobiles/verkeersbelasting op de autovoertuigen; - Denmark: vaegtafgift af motorkoeretoejer mv.; - Germany: Kraftfahrzeugsteuer; - France: taxe spéciale sur certains véhicules routiers; - Greece: ôÝëç êõêëïoeïñssáò áõôïêéíÞôùí; - Spain: (a) impuesto sobre actividades económicas, (b) impuesto sobre vehículos de tracción mecánica; - Ireland: vehicle excise duties; - Italy: (a) tassa automobilistica, (b) addizionale del 5 % sulla tassa automobilistica; - Luxembourg: taxe sur les véhicules automoteurs; - Netherlands: motorrijtuigenbelasting; - Portugal: (a) imposto de camionagem, (b) imposto de circulaçao; - United Kingdom: vehicle excise duties. Article 7 Where a trailer or semi-trailer belonging to an undertaking engaged in own-account transport is hauled on a final section by a tractor belonging to an undertaking engaged in transport for hire or reward, the transport operation so effected shall be exempt from presentation of the document provided for in Article 3; however, another document shall be provided giving evidence of the journey covered or to be covered by rail, by inland waterway or by sea. Article 8 Initial or final road haulage legs forming part of combined transport operations shall be exempted from compulsory tariff regulations. Article 9 Where, as part of a combined transport operation, the dispatching undertaking carries out the initial road haulage leg for its own account within the meaning of the First Council Directive of 23 July 1962 on the establishment of common rules for certain types of carriage of goods by road (7), the undertaking which is to receive the goods transported may, notwithstanding the definition given in the said Directive, carry out for its own account the final road haulage leg to transport the goods to their destination using a tractor owned by it, bought by it on deferred terms or hired by it pursuant to Council Directive 84/647/EEC of 19 December 1984 on the use of vehicles hired without drivers for the carriage of goods by road (8), and driven by its employees, even though the trailer or semi-trailer is registered or hired by the undertaking which dispatched the goods. The initial road haulage leg in a combined transport operation which the dispatching undertaking carries out using a tractor owned by it, bought by it on deferred terms or hired by it pursuant to Directive 86/647/EEC and which is driven by its employees, whereas the trailer or semi-trailer is registered or hired by the undertaking which is to receive the goods transported, shall also, notwithstanding the Directive of 23 July 1962, be considered an own-account carriage operation if the final road haulage leg is carried out for its own account in accordance with the latter Directive by the recipient undertaking. Article 10 1. Member States shall bring into force the laws, regulations and administrative provisions necessary in order to comply with this Directive by 1 July 1993. They shall forthwith inform the Commission thereof. When these Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States. 2. Member States shall communicate the main provisions of national law which they adopt in the field covered by this Directive to the Commission. Article 11 1. Directive 75/130/EEC (9) is hereby repealed without prejudice to the obligations of the Member States regarding the time-limits for transposition and implementation set out in the Annex, part A. 2. References to the repealed Directive shall be understood as references to this Directive and shall be read in accordance with the correlation table in the Annex, part B. Article 12 This Directive is addressed to the Member States. Done at Brussels, 7 December 1992. For the Council The President J. MacGREGOR (1) OJ No L C 282, 30. 10. 1992, p. 8. (2) Opinion delivered on 20 November 1992 (not yet published in the Official Journal). (3) Opinion delivered on 24 November 1992 (not yet published in the Official Journal). (4) OJ No L 48, 22. 2. 1975, p. 31. Directive last amended by Regulation (EEC) No 881/92 (OJ No L 95, 9. 4. 1992, p. 1). (5) Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States (OJ No L 95, 9. 4. 1992, p. 1). (6) OJ No 52, 16. 8. 1960, p. 1121/60. (7) OJ No 70, 6. 8. 1962, p. 2205/62. Last amended by Regulation (EEC) No 881/92 (OJ No L 95, 9. 4. 1992, p. 1). (8) OJ No L 335, 22. 12. 1984, p. 72. Amended by Directive 90/398/EEC (OJ No L 202, 31. 7. 1990, p. 46). (9) Including acts amending it, viz. the relevant provision of the 1985 Act of Accession and Directives 79/5/EEC, 82/3/EEC, 82/603/EEC, 86/544/EEC and 91/224/EEC. ANNEX PART A Time-limits for transposition into national law and implementation Directive Time-limit for transposition and implementation 75/130/EEC (OJ No L 48, 22. 2. 1975, p. 31) 30 June 1975 79/ 5/EEC (OJ No L 5, 9. 1. 1979, p. 33) 1 July 1979 82/ 3/EEC (OJ No L 5, 9. 1. 1982, p. 12) - 82/603/EEC (OJ No L 247, 23. 8. 1982, p. 6) 1 April 1983 86/544/EEC (OJ No L 320, 15. 11. 1986, p. 33) 1 July 1987 91/224/EEC (OJ No L 103, 23. 4. 1991, p. 1) 1 January 1992 PART B Correlation table This Directive Directive 75/130/EEC Article 1 Article 1 Article 2 Article 2 Article 3 Article 3 Article 4 Article 6 Article 5 Article 7 Article 6 Article 8 Article 7 Article 9 Article 8 Article 11 Article 9 Article 12 Article 10 - Article 11 - Article 12 Article 13 Annex -

Summary: Intermodal transport: combined transport of goods between EU countries Intermodal transport: combined transport of goods between EU countries SUMMARY OF: Directive 92/106/EEC — common rules for certain types of combined transport of goods between EU countries WHAT IS THE AIM OF THE DIRECTIVE? It aims to promote intermodal* transport operations by supporting the international operations meeting certain criteria (i.e. so called combined transport or CT) by: safeguarding CT from national restrictions (authorisation schemes, tariffs and quotas);clarifying that road cabotage * restrictions do not apply to the CT road legs;allowing heavier and bigger loads for vehicles used in CT road legs;granting financial support through tax incentives and extended definition of own-account transport for CT operations. KEY POINTS Scope The directive refers to the CT of goods between EU countries where: the vehicle or trailer uses the road on the initial or final leg of the journey; and on the other leg, rail or inland waterway or maritime services where this section exceeds 100 km as the crow flies; and makes the initial or final road transport leg of the journey: between the point where the goods are loaded and the nearest suitable rail loading station for the initial leg and between the nearest suitable rail unloading stations and the point where the goods are unloaded for the final leg, orwithin a radius not exceeding 150 km as the crow flies from the inland waterway port or seaport of loading or unloading. Authorised dimensions and maximum weights for trucks carrying out cross-border travel are set out in Directive 96/53/EC (see summary). Transport document The transport document to be provided in the case of CT must specify: the rail loading and unloading stations relating to the rail leg; and the inland waterway loading and unloading ports relating to the inland waterway leg or the maritime loading and unloading ports relating to the maritime section of the journey. Cross-border transport All hauliers established in an EU country who meet the conditions of access to the occupation and access to the market for transport of goods between EU countries may, in the context of a CT operation, carry out initial and/or final road haulage legs which form an integral part of the operation and which may or may not include the crossing of a frontier. The directive sets out specific rules for CT operations where the dispatching/receiving party carries out the initial/final road haulage leg on its own account. The receiving/dispatching party may then also carry out the transport operation on its own account under certain conditions. Regulation (EC) No 1072/2009 sets out common EU rules for access to the EU haulage market aimed at non-resident hauliers carrying out road cabotage (see summary). EU countries’ obligations EU countries must take measures to ensure that the motor vehicle taxes applicable to road vehicles routed in combined transport are reduced or reimbursed. Review The European Commission must draw up a report to the Council every 2 years on the development of CT. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 15 December 1992 and had to become law in the EU countries by 30 June 1993. BACKGROUND For further information see: Multimodal and combined transport (European Commission). KEY TERMS Intermodal: the transport of goods using rail, inland waterway or maritime services in addition to road transport. Cabotage: where a haulier registered in one EU country carries out national transport in another EU country. MAIN DOCUMENT Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ L 368, 17.12.1992, pp. 38-42) Successive amendments to Directive 92/106/EEC have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, pp. 72-87) See consolidated version. Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic (OJ L 235, 17.9.1996, pp. 59-75) See consolidated version. last update 07.07.2020


30.12.1993 EN Official Journal of the European Communities L 329/34 COUNCIL DIRECTIVE 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 8b (2) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Whereas the Treaty on European Union marks a new stage in the process of creating an ever closer union among the peoples of Europe; whereas one of its tasks is to organize, in a manner demonstrating consistency and solidarity, relations between the peoples of the Member States; whereas its fundamental objectives include a strengthening of the protection of the rights and interests of the nationals of its Member States through the introduction of a citizenship of the Union; Whereas to that end Title II of the Treaty on European Union, amending the Treaty establishing the European Economic Community, with a view to establishing the European Community, introduces a citizenship of the Union for all nationals of the Member States and confers on such nationals on that basis a number of rights; Whereas the right to vote and to stand as a candidate in elections to the European Parliament in the Member State of residence, laid down in Article 8b (2) of the Treaty establishing the European Community, is an instance of the application of the principle of non-discrimination between nationals and non-nationals and a corollary of the right to move and reside freely enshrined in Article 8a of that Treaty; Whereas Article 8b (2) of the EC Treaty is concerned only with the possibility of exercising the right of vote and to stand as a candidate in elections to the European Parliament, without prejudice to Article 138 (3) of the EC Treaty, which provides for the establishment of a uniform procedure in all Member States for those elections; whereas it essentially seeks to abolish the nationality requirement which currently has to be satisfied in most Member States in order to exercise those rights; Whereas application of Article 8b (2) of the EC Treaty does not presuppose harmonization of Member States' electoral systems; whereas, moreover, to take account of the principle of proportionality set out in the third paragraph of Article 3b of the EC Treaty, the content of Community legislation in this sphere must not go beyond what is necessary to achieve the objective of Article 8b (2) of the EC Treaty; Whereas the purpose of Article 8b (2) of the EC Treaty is to ensure that all citizens of the Union, whether or not they are nationals of the Member State in which they reside, can exercise in that State their right to vote and to stand as a candidate in elections to the European Parliament under the same conditions; whereas the conditions applying to non-nationals, including those relating to period and proof of residence, should therefore be identical to those, if any, applying to nationals of the Member State concerned; Whereas Article 8b (2) of the EC Treaty provides for the right to vote and to stand as a candidate in elections to the European Parliament in the Member State of residence, without, nevertheless, substituting it for the right to vote and to stand as a candidate in the Member State of which the citizen is a national; whereas the freedom of citizens of the Union to choose the Member State in which to take part in European elections must be respected, while taking care to ensure that this freedom is not abused by people voting or standing as a candidate in more than one country; Whereas any derogation from the general rules of this Directive must be warranted, pursuant to Article 8b (2) of the EC Treaty, by problems specific to a Member State; whereas any derogation must, by its very nature, be subject to review; Whereas such specific problems may arise in a Member State in which the proportion of citizens of the Union of voting age, who reside in it but are not nationals of it, is very significantly above average; whereas derogations are warranted where such citizens form more than 20 % of the total electorate; whereas such derogations must be based on the criterion of period of residence; Whereas citizenship of the Union is intended to enable citizens of the Union to integrate better in their host country and that in this context, it is in accordance with the intentions of the authors of the Treaty to avoid any polarization between lists of national and non-national candidates; Whereas this risk of polarization concerns in particular a Member State in which the proportion of non-national citizens of the Union of voting age exceeds 20 % of the total number of citizens of the Union of voting age who reside there and that, therefore, it is important that this Member State may lay down, in compliance with Article 8b of the Treaty, specific provisions concerning the composition of lists of candidates; Whereas account must 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 and certain provisions of this Directive may consequently be dispensed with in those Member States, HAS ADOPTED THIS DIRECTIVE: CHAPTER I GENERAL PROVISIONS Article 1 1. This Directive lays down the detailed arrangements whereby citizens of the Union residing in a Member State of which they are not nationals may exercise the right to vote and to stand as a candidate there in elections to the European Parliament. 2. Nothing in this Directive shall affect each Member State's provisions concerning the right to vote or to stand as a candidate of its nationals who reside outside its electoral territory. Article 2 For the purposes of this Directive: 1. ‘elections to the European Parliament’ means elections by direct universal suffrage to the European Parliament of representatives in accordance with the Act of 20 September 1976 (2); 2. ‘electoral territory’ means the territory of a Member State in which, in accordance with the above Act and, within that framework, in accordance with the electoral law of that Member State, members of the European Parliament are elected by the people of that Member State; 3. ‘Member State of residence’ means a Member State in which a citizen of the Union resides but of which he is not a national; 4. ‘home Member State’ means the Member State of which a citizen of the Union is a national; 5. ‘Community voter’ means any citizen of the Union who is entitled to vote in elections to the European Parliament in his Member State of residence in accordance with this Directive; 6. ‘Community national entitled to stand as a candidate’ means any citizen of the Union who has the right to stand as a candidate in elections to the European Parliament in his Member State of residence in accordance with this Directive; 7. ‘electoral roll’ means the official register of all voters entitled to vote in a given constituency or locality, drawn up and kept up to date by the competent authority under the electoral law of the Member State of residence, or the population register if it indicates eligibility to vote; 8. ‘reference date’ means the day or the days on which citizens of the Union must satisfy, under the law of the Member State of residence, the requirements for voting or for standing as a candidate in that State; 9. ‘formal declaration’ means a declaration by the person concerned, inaccuracy in which makes that person liable to penalties, in accordance with the national law applicable. Article 3 Any person who, on the reference date: (a) is a citizen of the Union within the meaning of the second subparagraph of Article 8 (1) of the Treaty; (b) is not a national of the Member State of residence, but satisfies the same conditions in respect of the right to vote and to stand as a candidate as that State imposes by law on its own nationals, shall have the right to vote and to stand as a candidate in elections to the European Parliament in the Member State of residence unless deprived of those rights pursuant to Articles 6 and 7. Where, in order to stand as a candidate, nationals of the Member State of residence must have been nationals for a certain minimum period, citizens of the Union shall be deemed to have met this condition when they have been nationals of a Member State for the same period. Article 4 1. Community voters shall exercise their right to vote either in the Member State of residence or in their home Member State. No person may vote more than once at the same election. 2. No person may stand as a candidate in more than one Member State at the same election. Article 5 If, in order to vote or to stand as candidates, nationals of the Member State or residence must have spent a certain minimum period as a resident in the electoral territory of that State, Community voters and Community nationals entitled to stand as candidates shall be deemed to have fulfilled that condition where they have resided for an equivalent period in other Member States. This provision shall apply without prejudice to any specific conditions as to length of residence in a given constituency or locality. Article 6 1. Any citizen of the Union who resides in a Member State of which he is not a national and who, through an individual criminal law or civil law decision, has been deprived of his right to stand as a candidate under either the law of the Member State of residence or the law of his home Member State, shall be precluded from exercising that right in the Member State of residence in elections to the European Parliament. 2. An application from any citizen of the Union to stand as a candidate in elections to the European Parliament in the Member State of residence shall be declared inadmissible where that citizen is unable to provide the attestation referred to in Article 10 (2). Article 7 1. The Member State of residence may check whether the citizens of the Union who have expressed a desire to exercise their right to vote there have not been deprived of that right in the home Member State through an individual civil law or criminal law decision. 2. For the purposes of paragraph 1 of this Article, the Member State of residence may notify the home Member State of the declaration referred to in Article 9 (2). To that end, the relevant and normally available information from the home Member State shall be provided in good time and in an appropriate manner; such information may only include details which are strictly necessary for the implementation of this Article and may only be used for that purpose. If the information provided invalidates the content of the declaration, the Member State of residence shall take the appropriate steps to prevent the person concerned from voting. 3. The home Member State may, in good time and in an appropriate manner, submit to the Member State of residence any information necessary for the implementation of this Article. Article 8 1. A Community voter exercises his right to vote in the Member State of residence if he has expressed the wish to do so. 2. If voting is compulsory in the Member State of residence, Community voters who have expressed the wish to do so shall be obliged to vote. CHAPTER II EXERCISE OF THE RIGHT TO VOTE AND THE RIGHT TO STAND AS A CANDIDATE Article 9 1. Member States shall take the necessary measures to enable a Community voter who has expressed the wish for such to be entered on the electoral roll sufficiently in advance of polling day. 2. In order to have his name entered on the electoral roll, a Community voter shall produce the same documents as a voter who is a national. He shall also produce a formal declaration stating: (a) his nationality and his address in the electoral territory of the Member State of residence; (b) where applicable, the locality or constituency in his home Member State on the electoral roll of which his name was last entered, and (c) that he will exercise his right to vote in the Member State of residence only. 3. The Member State of residence may also require a Community voter to: (a) state in his declaration under paragraph 2 that he has not been deprived of the right to vote in his home Member State; (b) produce a valid identity document, and (c) indicate the date from which he has been resident in that State or in another Member State. 4. Community voters who have been entered on the electoral roll shall remain thereon, under the same conditions as voters who are nationals, until such time as they request to be removed or until such time as they are removed automatically because they no longer satisfy the requirements for exercising the right to vote. Article 10 1. When he submits his application to stand as a candidate, a Community national shall produce the same supporting documents as a candidate who is a national. He shall also produce a formal declaration stating: (a) his nationality and his address in the electroal territory of the Member State of residence; (b) that he is not standing as a candidate for election to the European Parliament in any other Member State, and (c) where applicable, the locality or constituency in his home Member State on the electoral roll of which his name was last entered. 2. When he submits his application to stand as a candidate a Community national must also produce an attestation from the competent administrative authorities of his home Member State certifying that he has not been deprived of the right to stand as a candidate in that Member State or that no such disqualification is known to those authorities. 3. The Member State of residence may also require a Community national entitled to stand as a candidate to produce a valid identity document. It may also require him to indicate the date from which he has been a national of a Member State. Article 11 1. The Member State of residence shall inform the person concerned of the action taken on his application for entry on the electoral roll or of the decision concerning the admissibility of his application to stand as a candidate. 2. Should a person be refused entry on the electoral roll or his application to stand as a candidate be rejected, the person concerned shall be entitled to legal remedies on the same terms as the legislation of the Member State of residence prescribes for voters and persons entitled to stand as candidates who are its nationals. Article 12 The Member State of residence shall inform Community voters and Community nationals entitled to stand as candidates in good time and in an appropriate manner of the conditions and detailed arrangements for the exercise of the right to vote and to stand as a candidate in elections in that State. Article 13 Member States shall exchange the information required for the implementation of Article 4. To that end, the Member State of residence shall, on the basis of the formal declaration referred to in Articles 9 and 10, supply the home Member State, sufficiently in advance of polling day, with information on the latter State's nationals entered on electroal rolls or standing as candidates. The home Member State shall, in accordance with its national legislation, take appropriate measures to ensure that its nationals do not vote more than once or stand as candidates in more than one Member State. CHAPTER III DEROGATIONS AND TRANSITIONAL PROVISIONS Article 14 1. If on 1 January 1993, in a given Member State, the proportion of citizens of the Union of voting age who reside in it but are not nationals of it exceeds 20 % of the total number of citizens of the Union residing there who are of voting age, that Member State may, by way of derogation from Articles 3, 9 and 10: (a) restrict the right to vote to Community voters who have resided in that Member State for a minimum period, which may not exceed five years; (b) restrict the right to stand as a candidate to Community nationals entitled to stand as candidates who have resided in that Member State for a minimum period, which may not exceed 10 years. These provisions are without prejudice to appropriate measures which this Member State may take with regard to the composition of lists of candidates and which are intended in particular to encourage the integration of non-national citizens of the Union. However, Community voters and Community nationals entitled to stand as candidates who, owing to the fact that they have taken up residence outside their home Member State or by reason of the duration of such residence, do not have the right to vote or to stand as candidates in that home State shall not be subject to the conditions as to length of residence set out above. 2. Where, on 1 February 1994, the laws of a Member State prescribe that the nationals of another Member State who reside there have the right to vote for the national parliament of that State and, for that purpose, may be entered on the electoral roll of that State under exactly the same conditions as national voters, the first Member State may, by way of derogation from this Directive, refrain from applying Articles 6 to 13 in respect of such nationals. 3. By 31 December 1997 and thereafter 18 months prior to each election to the European Parliament, the Commission shall submit to the European Parliament and to the Council a report in which it shall check whether the grant to the Member States concerned of a derogation pursuant to Article 8b (2) of the EC Treaty is still warranted and shall propose that any necessary adjustments be made. Member States which invoke derogations under paragraph 1 shall furnish the Commission with all the necessary background information. Article 15 For the fourth direct elections to the European Parliament, the following special provisions shall apply: (a) citizens of the Union who, on 15 February 1994, already have the right to vote in the Member State of residence and whose names appear on the electoral roll in the Member State of residence shall not be subject to the formalities laid down in Article 9; (b) Member States in which the electoral rolls have been finalized before 15 February 1994 shall take the steps necessary to enable Community voters who wish to exercise their right to vote there to enter names on the electoral roll sufficiently in advance of polling day; (c) Member States which do not draw up specific electoral rolls but indicate eligibility to vote in the population register and where voting is not compulsory may also apply this system to Community voters who appear on that register and who, having been informed individually of their rights, have not expressed a wish to exercise their right to vote in their home Member State. They shall forward to the home Member State the document showing the intention expressed by those voters to vote in the Member State of residence; (d) Member States in which the internal procedure for the nomination of candidates for political parties and groups is governed by law may provide that any such procedures which, in accordance with that law, were opened before 1 February 1994 and the decisions taken within that framework shall remain valid. CHAPTER IV FINAL PROVISIONS Article 16 The Commission shall submit a report to the European Parliament and the Council by 31 December 1995 on the application of this Directive to the June 1994 elections to the European Parliament. On the basis of the said report the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may adopt provisions amending this Directive. Article 17 Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive no later than 1 February 1994. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. Article 18 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 19 This Directive is addressed to the Member States. Done at Brussels, 6 December 1993. For the Council The President W. CLAES (1) OJ No C 329, 6. 12. 1993. (2) OJ No L 278, 8. 10. 1976, p. 5.

Summary: Voting rights and eligibility in European Parliament elections Voting rights and eligibility in European Parliament elections SUMMARY OF: Directive 93/109/EC — detailed arrangements for the exercise of the right to vote and to stand as a candidate in European Parliament elections for EU citizens residing in an EU country other than their own WHAT IS THE AIM OF THE DIRECTIVE? It lays down detailed arrangements under which EU citizens residing in an EU country of which they are not nationals may exercise the right to vote and to stand as a candidate in European Parliament (EP) elections in that country. KEY POINTS Requirements to be met The directive defines the requirements a national of another EU country must satisfy to vote or to stand as a candidate in his/her country of residence. The person must: be an EU citizen; be resident in the EU country in which s/he proposes to vote or to stand as a candidate; satisfy the same conditions as a national of that EU country who wishes to vote or to stand as a candidate (the principle of equality between national and non-national voters). Simpler procedures for submitting applications to stand as candidateThe directive was amended in 2013 to simplify the procedures for submitting candidates’ applications where they reside in an EU country of which they are not nationals. Previously, EU citizens in this situation had to provide a certificate from their country of citizenship that they were not disqualified from standing in EP elections in that country. Since 2014, when EU citizens submit their application to stand for election, they can provide a declaration instead of the certificate. The authorities of their EU country of residence must liaise with the country of nationality to verify the validity of the declaration. To ensure efficient communication, EU countries must each designate one contact point to be responsible for the notification of information concerning such candidates. Exercise of the right to vote and to stand as a candidate EU citizens may exercise their right to vote and to stand as a candidate either in the EU country of residence or in their home country. No one may vote more than once or stand as a candidate in more than one EU country at the same election. Registration on electoral rollVoters are to be entered on the electoral roll of their country of residence only if they so request in advance. In EU countries where nationals are legally obliged to vote, non-national voters who ask to be entered on the electoral roll are subject to the same obligation.In order to have their names entered on the electoral roll, non-national voters must produce the same documents as national voters. In addition, they must provide further information in the form of a formal declaration. Legal remediesThe legal remedies available to nationals must also be available to non-nationals who are refused entry on the electoral roll or whose application to stand as a candidate is rejected. National rules regarding nationals living outside their territory Nothing in Directive 93/109/EC can affect each EU country’s rules concerning the right to vote or to stand as a candidate of its nationals who reside outside its electoral territory. FROM WHEN DOES THE DIRECTIVE APPLY? The directive has applied since 30 December 1993. It had to become law in the EU countries by 1 February 1994. BACKGROUND For more information, see: European Parliament elections (Your Europe). MAIN DOCUMENT Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals (OJ L 329, 30.12.1993, pp. 34-38) Successive amendments to Directive 93/109/EC have been incorporated into the original document. This consolidated version is of documentary value only. last update 15.12.2017