30.12.2006 EN Official Journal of the European Union L 405/1 
 I 
(Acts whose publication is obligatory) 
REGULATION (EC) No 1931/2006 OF THE EUROPEAN PARLIAMENT 
AND OF THE COUNCIL 
of 20 December 2006 
laying down rules on local border traffic at the external land borders  
of the Member States and amending the provisions of the Schengen Convention 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing th e European Community, and in particular 
Article 62(2)(a) thereof, 
Having regard to the proposal from the Commission, Acting in accordance with the procedure laid down in Article 251 of the Treaty
1, 
                                                 
1 Opinion of the European Parliament of 14 Fe bruary 2006 (not yet published in the Official 
Journal) and Council Deci sion of 5 October 2006. 
L 405/2 EN Official Journal of the European Union 30.12.2006 
 Whereas: 
(1) The need to develop rules on local border traffic in orde r to consolidate the Community 
legal framework on external borders was hi ghlighted in the Co mmission Communication 
entitled "Towards an integrated management of  the external borders of the Member States 
of the European Union". This need was confirmed by the Council on 13 June 2002, with 
the approval of the "Plan for the management of  the external borders of the Member States 
of the European Union", subsequently endor sed by the European Council in Seville on 21 
and 22 June 2002. 
(2) It is in the interest of the enlarged Co mmunity to ensure that the borders with its 
neighbours are not a barrier to trade, soci al and cultural interchange or regional 
cooperation. An efficient system for local bor der traffic should conse quently be developed. 
(3) The local border traffic regime constitute s a derogation from the general rules governing 
the border control of persons crossing the exte rnal borders of the Me mber States of the 
European Union which are set out in Re gulation (EC) No 562/2006 of the European 
Parliament and of the Council of 15 Marc h 2006 establishing a Community Code on the 
rules governing the movement of persons across borders (Schengen Borders Code)1. 
                                                 
1 OJ L 105, 13.4.2006, p. 1. 
30.12.2006 EN Official Journal of the European Union L 405/3 
 (4) The Community should lay down criteria a nd conditions to be complied with when the 
crossing of an external land bor der under the local border traffi c regime is being eased for 
border residents. Such criteria and conditions  should ensure a bala nce between, on the one 
hand, the easing of border crossing for bona fide  border residents havi ng legitimate reasons 
frequently to cross an external land borde r and, on the other hand, the need to prevent 
illegal immigration and potential threats to  security posed by criminal activities. 
(5) As a general rule, in order to prevent abuses, local border tr affic permits should be issued 
only to those who have been lawfully reside nt in a border area for at least one year. 
Bilateral Agreements concluded between Memb er States and neighbouring third countries 
may provide for a longer period of residence. In exceptional and duly justified cases, such 
as those relating to minors, changes in marital status or inheritance of land, those bilateral 
Agreements may also provide for a shorter period of residence. 
(6) Local border traffic permits should be issued  to border residents wh ether or not they are 
subject to a visa requirement pursuant to Council Regulation (EC) No 539/2001 of 
15 March 2001 listing the third countries whose nationals must be in possession of visas 
when crossing the external borders and thos e whose nationals are exempt from that 
requirement1. As a result, this Regulation shoul d be read together with Council 
Regulation (EC) No 1932/2006 of 21 D ecember 2006 amending Regulation (EC) 
No 539/20012, which is designed to exempt from th e visa obligation border residents who 
benefit from the local border traffic regi me established by this Regulation. As a 
consequence, this Regulation may enter into force only in conjunction with that amending 
Regulation. 
                                                 
1 OJ L 81, 21.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 851/2005 
(OJ L 141, 4.6.2005, p. 3). 
2 See in this Official Journal. 
L 405/4 EN Official Journal of the European Union 30.12.2006 
 (7) The Community should lay down specific crite ria and conditions for the issuing of local 
border traffic permits to border residents.  Those criteria and conditions should be 
consistent with the entry conditions imposed on border residents cros sing an external land 
border under the local border traffic regime. 
(8) The right to free movement enjoyed by citizens of the Union and members of their families 
and the equivalent rights enj oyed by third-country nationals a nd members of their families 
under Agreements between the Community and its Member States, on the one hand, and the third countries concerned, on the ot her hand, should not be affected by the 
establishment of rules on local border traffic at Community level. However, where border crossing is eased under the local border traffic regime for border residents, and this entails 
less systematic control, border crossing shoul d, as a matter of course, be eased for any 
person enjoying the Community right of fr ee movement residing in the border area 
concerned. 
(9) For the implementation of the local borde r traffic regime, Member States should be 
allowed to maintain or conclude, if nece ssary, bilateral Agreements with neighbouring 
third countries, provided that such Agreements  comply with the rule s laid down in this 
Regulation.  
30.12.2006 EN Official Journal of the European Union L 405/5 
 (10) This Regulation does not affect the specific arrangements applied in Ceuta and Melilla, as 
referred to in the Declarati on by the Kingdom of Spain on the towns of Ceuta and Melilla 
in the Final Act to the Agreement on the Accession of the Kingdom of Spain to the 
Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benel ux Economic Union, the Federal Republic of 
Germany and the French Republic on the gr adual abolition of checks at their common 
borders signed at Schengen on 19 June 1990
1. 
(11) Penalties, as provided for in national law, should be impos ed by Member States on border 
residents who abuse the local  border traffic regime established by this Regulation. 
(12) The Commission should submit a report to th e European Parliament and to the Council on 
the application of this Regulation. The re port should be accompanied, where necessary, by 
legislative proposals. 
(13) This Regulation respects the fundamental rights and freedoms and observes the principles 
recognised in particular by the Charter of Fundamental Rights of the European Union. 
(14) Since the objective of this Regulation,  namely the laying down of the criteria and 
conditions for the establishment of a local bord er traffic regime at external land borders, 
directly affects the Community acquis on exte rnal borders and cannot thus be achieved 
sufficiently by the Member States and can ther efore, by reason of the scale and effects of 
this Regulation, be better achieved at Co mmunity level, the Community may adopt 
measures, in accordance with the principle of s ubsidiarity as set out in Article 5 of the 
Treaty establishing the European Communit y. In accordance with the principle of 
proportionality, as set out in that Article, this Regulation does not go beyond what is 
necessary in order to achieve that objective. 
                                                 
1 OJ L 239, 22.9.2000, p. 69. 
L 405/6 EN Official Journal of the European Union 30.12.2006 
 (15) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to 
the Treaty on European Union and to the Treaty establishing th e European Community, 
Denmark is not taking part in the adoption of this Regulation, and is not bound by it or 
subject to its application. Given that this Regulation builds upon the Schengen acquis 
under the provisions of Title IV of Part Thr ee of the Treaty establishing the European 
Community, Denmark shall, in accordance with Ar ticle 5 of that Protocol, decide within a 
period of six months after the date of adopti on of this Regulation whether it will implement 
it in its national law. 
(16) As regards Iceland and Norway, this Regulat ion constitutes a devel opment of provisions of 
the Schengen acquis within the meaning of the Agreement concluded by the Council of the 
European Union and the Republic of Iceland and the Kingdom of Norway concerning the 
latters' association with the implementa tion, application and development of the 
Schengen acquis1, which fall within the area referred  to in Article 1, point A, of 
Council Decision 1999/437/EC of 17 May 19992 on certain arrangements for the 
application of that Agreement. 
(17) This Regulation constitute s a development of provisions of the Schengen acquis in which 
the United Kingdom does not ta ke part, in accordance with Council Decision 2000/365/EC 
of 29 May 2000 concerning the request of th e United Kingdom of Great Britain and 
Northern Ireland to take part in some of the provi sions of the Schengen acquis3. The 
United Kingdom is therefore not taking part  in its adoption and is not bound by it or 
subject to its application. 
                                                 
1 OJ L 176, 10.7.1999, p. 36. 
2 OJ L 176, 10.7.1999, p. 31. 
3 OJ L 131, 1.6.2000, p. 43. 
30.12.2006 EN Official Journal of the European Union L 405/7 
 (18) This Regulation constitute s a development of provisions of the Schengen acquis in which 
Ireland does not take part, in accord ance with Council Decision 2002/192/EC of 
28 February 2002 concerning Ireland's request to take part in so me of the provisions of the 
Schengen acquis1. Ireland is therefore not taking part  in its adoption and is not bound by it 
or subject to its application. 
(19) As regards Switzerland, this Regulation cons titutes a development of  the provisions of the 
Schengen acquis within the meaning of th e Agreement signed between the European 
Union, the European Community and th e Swiss Confederation on the Swiss 
Confederation's association w ith the implementation, applicat ion and development of the 
Schengen acquis which fall within the area referred to in Article 1, point A of 
Decision 1999/437/EC read in conjunction with Article 4(1) of Decision 2004/849/EC2 and 
Article 4(1) of Decision 2004/860/EC3. 
(20) Articles 4(b) and 9(c) of this Regul ation constitute provisions building on the 
Schengen acquis or otherwise related to it wi thin the meaning of Article 3(2) of the 
2003 Act of Accession, 
HAVE ADOPTED THIS REGULATION: 
                                                 
1 OJ L 64, 7.3.2002, p. 20. 
2 Council Decision 2004/849/EC of 25 Oct ober 2004 on the signing, on behalf of the 
European Union, and on the provisional applic ation of certain provisi ons of the Agreement 
between the European Union, the European  Community and the Swiss Confederation 
concerning the Swiss Confederation's associat ion with the implementation, application and 
development of the Schengen acquis (OJ L 368, 15.12.2004, p. 26). 
3 Council Decision 2004/860/EC of 25 Oct ober 2004 on the signing, on behalf of the 
European Community, and on the provisional ap plication of certain provisions of the 
Agreement between the European Union, the European Community and the Swiss 
Confederation, concerning the Swiss Confederat ion's association with  the implementation, 
application and development of th e Schengen acquis (OJ L 370, 17.12.2004, p. 78). 
L 405/8 EN Official Journal of the European Union 30.12.2006 
 Chapter I 
General provisions 
Article 1 
Subject matter 
1. This Regulation establishes a local border tra ffic regime at the extern al land borders of the 
Member States and introduces for that  purpose a local border traffic permit. 
2. This Regulation authorises Me mber States to conclude or maintain bilateral Agreements 
with neighbouring third countries for the pur pose of implementing the local border traffic 
regime established by this Regulation. 
Article 2 
Scope 
This Regulation shall not affect  the provisions of Community a nd national law applicable to 
third-country nationals relating to: 
(a) long-term stays; (b) access to and exercise of economic activity; (c) customs and taxation matters. 
30.12.2006 EN Official Journal of the European Union L 405/9 
 Article 3 
Definitions 
For the purposes of this Regulation th e following definitions shall apply: 
1) "external land border" means the comm on land border between a Member State and a 
neighbouring third country; 
2) "border area" means an area that extends no more than 30 ki lometres from the border. The 
local administrative districts that  are to be considered as the border area shall be specified 
by the States concerned in their bilateral Agreements as referred  to in Article 13. If part of 
any such district lies between 30 and 50 kilometres from the border line, it shall 
nevertheless be considered as part of the border area; 
3) "local border traffic" means the regular crossing of an external land border by border 
residents in order to stay in a border area, for example for so cial, cultural or substantiated 
economic reasons, or for family reasons, for a period not exceeding the time limit laid 
down in this Regulation; 
4) "persons enjoying the Community right of free movement" means: 
(i) citizens of the Union within the meaning of Article 17(1) of the Treaty establishing 
the European Community, and nationals of third countries who are members of the 
family of a citizen of the Union exercisi ng his or her right of free movement to 
whom Directive 2004/38/EC1 applies; 
                                                 
1 Directive 2004/38/EC of the European Parl iament and of the Council of 29 April 2004 on 
the right of citizens of the Union and their fami ly members to move and reside freely within 
the territory of the Member States  (OJ L 158, 30.4.2004, p. 77). Corrected version in 
OJ L 229, 29.6.2004, p. 35. 
L 405/10 EN Official Journal of the European Union 30.12.2006 
 (ii) nationals of third countries and members of their families, what ever their nationality, 
who, under Agreements between the Community  and its Member States, on the one 
hand, and those third countries, on the other, enjoy rights to move freely equivalent 
to the right of citi zens of the Union; 
5) "third-country national" means any person w ho is not a citizen of the Union within the 
meaning of Article 17(1) of the Treaty esta blishing the European Community and who is 
not covered by point 4; 
6) "border residents" means thir d–country nationals w ho have been lawfully resident in the 
border area of a country neighbour ing a Member State for a period specified in the bilateral 
Agreements referred to in Article 13, which sh all be at least one y ear. In exceptional and 
duly justified cases specified in those bilate ral Agreements, a period of residence of less 
than one year may also be considered as appropriate; 
7) "local border traffic permit" means a speci fic document, as introduced by Chapter III, 
entitling border residents to cross an extern al land border under th e local border traffic 
regime; 
8) "the Schengen Convention" means the C onvention implementing the Schengen Agreement 
of 14 June 1985 between the G overnments of the States of the Benelux Economic Union, 
the Federal Republic of Germany and the Fren ch Republic on the gr adual abolition of 
checks at their common borders1. 
                                                 
1 OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regulati on (EC) No 1160/2005 
of the European Parliament and of the Council (OJ L 191, 22.7.2005, p. 18). 
30.12.2006 EN Official Journal of the European Union L 405/11 
 Chapter II 
Local border traffic regime 
Article 4 
Entry conditions 
Border residents may cross the ex ternal land border of a neighbouring Member State under the local 
border traffic regime, on condition that they: 
(a) are in possession of a local border traffic perm it and, if so required by the relevant bilateral 
Agreement referred to in Article 13, a valid travel document or documents; 
(b) are not persons for whom an alert has been  issued in the Schengen Information System 
(SIS) for the purposes of refusing them entry; 
(c) are not considered to be a threat to public  policy, internal secur ity, public health or the 
international relations of any of the Member States, and in particular where no alert has 
been issued in Member States' national data bases for the purposes of refusing entry on the 
same grounds. 
L 405/12 EN Official Journal of the European Union 30.12.2006 
 Article 5 
Duration of stay in the border area 
The bilateral Agreements referred to in Article 13 shall specify the maximum permissible duration 
of each uninterrupted stay under the local bor der traffic regime, which shall not exceed 
three months. 
Article 6 
Entry and exit checks 
1. Member States shall carry out entry and exit checks on border resident s in order to ensure 
that they fulfil the conditions set out in Article 4. 
2. No entry or exit stamps shall be affixed to  the local border traffi c permit under the local 
border traffic regime. 
3. Paragraph 1 shall be with out prejudice to Article 15. 
Chapter III 
Local border traffic permit 
Article 7 
Introduction of a local border traffic permit 
1. A local border traffic permit is hereby introduced. 
30.12.2006 EN Official Journal of the European Union L 405/13 
 2. The territorial validity of th e local border traffic permit shall be limited to the border area 
of the issuing Member State. 
3. The local border traffic permit shall bear a pho tograph of the holder of the permit and shall 
contain at least the following information: 
(a) the forename(s), surname(s), date of birt h, nationality and place of residence of the 
holder of the permit; 
(b) the issuing authority, date of issue and period of validity; 
(c) the border area within which the holder of the permit is authorised to move; (d) the number(s) of the valid travel docum ent or documents, as referred to in 
Article 9(a), entitling its holder to  cross the external borders.  
It shall clearly state that its holder is not authorised to m ove outside the border area and 
that any abuse shall be subject to pe nalties as provided for in Article 17. 
Article 8 
Security features and technical specificati ons of the local border traffic permit 
1. The security features and technical specifica tions of the local border traffic permit shall 
comply with the relevant  provisions of Council Regul ation (EC) No 1030/2002 of 
13 June 2002 laying down a uniform format for residence permits for third-country 
nationals
1. 
                                                 
1 OJ L 157, 15.6.2002, p. 1. 
L 405/14 EN Official Journal of the European Union 30.12.2006 
 2. Member States shall forward to the Comm ission and to the other Member States a 
specimen of the local border traffic perm it drawn up in accordance with paragraph 1. 
Article 9 
Issuing conditions 
Local border traffic permits may be issued to border residents who: 
(a) are in possession of a valid travel document or  documents, as referred to in Article 17(3)(a) 
of the Schengen Convention, entitling th em to cross the external borders; 
(b) produce documents proving their status as border residents and pr oving the existence of 
legitimate reasons frequently to cross an ex ternal land border under th e local border traffic 
regime; 
(c) are not persons for whom an alert has been issued in the SIS for the purposes of refusing 
them entry; 
(d) are not considered to be a threat to public  policy, internal secur ity, public health or the 
international relations of any of the Member States, and in particular where no alert has 
been issued in Member States' national data bases for the purposes of refusing entry on the 
same grounds. 
Article 10 
Validity 
The local border traffic permit shall be valid for a minimum of one year and a maximum of 
five years. 
30.12.2006 EN Official Journal of the European Union L 405/15 
 Article 11 
Issuing fees 
The fees corresponding to the admi nistrative costs of processing a pplications for the local border 
traffic permit shall not exceed the fees charged for processing applications for short-term 
multiple-entry visas. 
The local border traffic permit may be issued free of charge. 
Article 12 
Issuing arrangements 
1. The local border traffic permit may be issued  by either a consulate or any administrative 
authority of a Member State designated in the bilateral Agreements referred to in Article 13. 
2. Member States shall keep a central register  of local border traffic permits applied for, 
issued, extended and cancelled or revoked a nd shall designate a national contact point 
responsible for providing without delay, upon request from other Member States, 
information on the permits entered in that register. 
L 405/16 EN Official Journal of the European Union 30.12.2006 
 Chapter IV 
Implementation of the loca l border traffic regime 
Article 13 
Bilateral Agreements between Member States and neighbouri ng third countries 
1. For the purposes of implementing the local border traffic regime, Member States shall be 
authorised to conclude b ilateral Agreements with ne ighbouring third countries in 
accordance with the rules se t out in this Regulation. 
Member States may also maintain existing bilateral Agreements with neighbouring third 
countries on local border traffic. To the extent  that such Agreements are incompatible with 
this Regulation, the Member States concerned shall amend the Agreements in such a way 
as to eliminate the incompatibilities established. 
2. Before concluding or amending any bilatera l Agreement on local border traffic with a 
neighbouring third country, the Member States concerned shall consult the Commission as 
to the compatibility of the Ag reement with this Regulation. 
If the Commission considers the Agreement to be incompatible with this Regulation, it 
shall notify the Member State concerned. The Me mber State shall take all appropriate steps 
to amend the Agreement within a reasonable period in such a way as to eliminate the 
incompatibilities established. 
30.12.2006 EN Official Journal of the European Union L 405/17 
 3. Where the Community or the Member Stat e concerned has not concluded a general 
readmission Agreement with a third country, the bilateral Agreements on local border 
traffic with that third country shall provide  for the readmission of persons found to be 
abusing the local border traffic regime as esta blished by this Regulati on to be facilitated. 
Article 14 
Comparability of treatment 
In the bilateral Agreements referred to in Article 13, Member States shall ensu re that third countries 
grant persons enjoying the Community  right of free movement and th ird-country nationals lawfully 
resident in the border area of th e Member State concerned treatmen t at least comparable to that 
granted to the border residents of  the third country concerned. 
Article 15 
Easing of border crossing 
1. The bilateral Agreements referred to in Ar ticle 13 may provide for border crossing to be 
eased, whereby Member States: 
(a) set up specific border crossing poi nts open only to border residents; 
(b) reserve specific lanes to border reside nts at ordinary border crossing points; or 
(c) taking into account the local circumst ances, and where excep tionally there is a 
requirement of a special nature, authorise bo rder residents to cross their external land 
border at defined places othe r than authorised border cr ossing points and outside the 
fixed hours. 
L 405/18 EN Official Journal of the European Union 30.12.2006 
 2. Where a Member State decides to ease borde r crossing for border re sidents in accordance 
with paragraph 1, it shall, as a matter of course, ease border crossing for any person 
enjoying the Community right of free moveme nt residing in the bor der area concerned. 
3. At the border crossing points referred to in pa ragraph 1(a) and at th e lanes referred to in 
paragraph 1(b), persons who regularly cross the external land borde r and who, by reason of 
their frequent crossing of the border, are well known to the border guards shall, usually, be 
subject only to random checks. 
Such persons shall be subject to thorough check s from time to time, without warning and at 
irregular intervals. 
4. Where a Member State decides to ease borde r crossing for border re sidents in accordance 
with paragraph 1(c): 
(a) the local border traffic permit shall cont ain, in addition to the information required 
by Article 7(3), details of the place wher e, and the circumstances in which, the 
external land border may be crossed; 
(b) the Member State in question shall ca rry out random checks and conduct regular 
surveillance in order to prevent unauthorised border crossings.  
30.12.2006 EN Official Journal of the European Union L 405/19 
 Chapter V 
Final provisions 
Article 16 
Ceuta and Melilla 
The provisions of this Regulation sh all not affect the specific arrang ements applying to the towns of 
Ceuta and Melilla, as referred to in the Declaration by the Kingdom of Spain on the towns of Ceuta 
and Melilla in the Final Act to the Agreement on the Accession of the Kingdom of Spain to the 
Convention implementing the Schengen Agreement. 
Article 17 
Penalties 
1. Member States shall ensure that any abuse of the local border traffic regime, as established 
by this Regulation and as implemented by th e bilateral Agreements referred to in 
Article 13, is subject to penaltie s as provided for by national law. 
2. Those penalties shall be e ffective, proportionate and dissu asive and shall include the 
possibility of cancelling and revoking  local border traffic permits. 
L 405/20 EN Official Journal of the European Union 30.12.2006 
 3. Member States shall keep a record of all case s of abuse of the local border traffic regime 
and of penalties imposed in accordance with  paragraph 1. That information shall be 
forwarded every six months to the othe r Member States and to the Commission. 
Article 18 
Report on the local border traffic regime 
By 19 January 2009, the Commission shall submit a report to the European Parliament and the 
Council on the implementation and functioning of the lo cal border traffic regime, as established by 
this Regulation and implemented by the bilatera l Agreements concluded or maintained in 
conformity with the rules set out in this Regulation. That re port shall be accompanied, where 
necessary, by appropriate legislative proposals. 
Article 19 
Notification of bilateral Agreements 
1. Member States shall notify the Commission of all bilateral Agreements referred to in 
Article 13 and of any denunciation thereof or amendment thereto. 
2. The Commission shall make the informati on notified in accordance with paragraph 1 
available to the Member States and to the public by publishing it in the Official Journal of 
the European Union or by a ny other appropriate means. 
30.12.2006 EN Official Journal of the European Union L 405/21 
 Article 20 
Amendment of the provisions of the Schengen Convention 
The provisions of Article 136(3) of the Schenge n Convention shall be replaced by the following: 
"3. Paragraph 2 shall not apply to bilateral Agreem ents on local border traffic as referred to in 
Article 13 of Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 
December 2006 laying down rules on local border tra ffic at the external land borders of the Member 
States*. 
_________________________ 
* OJ L 405, 30.12.2006. 
L 405/22 EN Official Journal of the European Union 30.12.2006 
 Article 21 
Entry into force 
This Regulation shall enter into force on th e 20th day following its publication in the Official 
Journal of the European Union. 
This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaty establishing the European Community. 
Done at Brussels, 20 December 2006. 
For the European Parliament For the Council 
The President The President  
J. BORRELL FONTEL LES J. KORKEAOJA 
__________________________