The European Parliamentary Elections (Common Electoral Principles) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

The provisions of the European Parliamentary Elections Acts 2002, the European Parliamentary Elections (Northern Ireland) Regulations 2004 and the European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994 amended by these Regulations refer to Articles of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Decision 76/787/ECSC, EEC, Euratom(1) (the 1976 Act). The 1976 Act is amended by Council Decision 2002/772/EC, Euratom(2) and the amendments made by these Regulations are in consequence of the entry into force of that Decision.

The Decision renumbers the Articles of the 1976 Act, and the changes made by regulations 2(2) and (4), 3 and 4 of these Regulations renumber cross references to provisions of the 1976 Act which are the same in substance as the provisions to which the previous cross references refer. Regulation 2(3) also takes into account new substantive provisions in the 1976 Act, following the amendments made by the Decision, concerning entitlement for membership of the European Parliament. In particular Article 7(2), to which regulation 2(3) refers, now provides that an MEP cannot also be a member of a national parliament, subject to a derogation until 2009 for United Kingdom MEPs who are already members of the United Kingdom Parliament.

(1)

O.J. L 278, 8.10.1976, p1 (Cmnd. 6623).

(2)

O.J. L 283, 21.10.2002. p1 (Cmnd. 6093).