21.10.2002 Official Journal of the European Communities L 283/1 (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 25 June and 23 September 2002 amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Decision 76/787/ECSC, EEC, Euratom (2002/772[EC, Euratom) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and in particular Article 190(4) thereof, Having regard to the Treaty establishing the European Atomic Energy Community and in particular Article 108(3) and (4) thereof, Having regard to the draft from the European Parliament (%), Having regard to the assent of the European Parliament (?), Whereas: (1)  The Act concerning the election of members of the European Parliament by direct universal suffrage should be amended to enable members to be elected by direct universal suffrage in accordance with principles common to all Member States while leaving Member States free to apply their national provisions in respect of aspects not governed by this Decision. (2)  To improve the readability of the Act as amended by this Decision, its provisions should be renumbered, thus producing a clearer consolidated text, HAS LAID DOWN the following provisions which it recommends to the Member States for adoption in accordance with their respective constitutional requirements. Article 1 The Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to () O] C 292, 21.9.1998, p. 66. (®) Opinion delivered on 12 June 2002 (not yet published in the Official Journal). Council Decision 76/787/ECSC, EEC, Euratom (*), (hereinafter referred to as ‘the 1976 Act), is hereby amended in accordance with this Article. 1. In the 1976 Act, with the exception of Article 13, the words ‘representative’ or ‘representative in the European Parliament’ shall be replaced by ‘member of the European Parliament’. 2. Article 1 shall be replaced by the following: ‘Article 1 1.  In each Member State, members of the European Parliament shall be elected on the basis of proportional representation, using the list system or the single transferable vote. 2. Member States may authorise voting based on a preferential list system in accordance with the procedure they adopt. 3. Elections shall be by direct universal suffrage and shall be free and secret.’ 3. Article 2 shall be replaced by the following articles: ‘Article 2 In accordance with its specific national situation, each Member State may establish constituencies for elections to the European Parliament or subdivide its electoral area in a different manner, without generally affecting the proportional nature of the voting system. Article 2A Member States may set a minimum threshold for the allocation of seats. At national level this threshold may not exceed 5 per cent of votes cast. () OJ L 278, 8.10.1976, p. 1.