Article 16 — Derogations

1. If, in a given Member State, the proportion of Union citizens of voting age who reside in it but are not nationals of it exceeds 20 % of the total number of national Union citizens and non-national Union citizens 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 Union voters who have resided in that Member State for a minimum period, which may not exceed 5 years; (b) restrict the right to stand as a candidate to Union citizens entitled to stand as candidates who have resided in that Member State for a minimum period, which may not exceed 10 years. The first subparagraph is without prejudice to appropriate measures which that 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 Union citizens. However, Union voters and Union citizens 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 a candidate in their home Member State shall not be subject to the conditions as to length of residence set out in the first subparagraph. 2. Where the law of a Member State prescribes that the nationals of another Member State who reside there have the right to vote for the national parliament of that Member State and, for that purpose, may be entered on the electoral roll of that Member 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. 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 assess whether the grant to the Member States concerned of a derogation pursuant to Article 22(2) TFEU 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.