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
Date: 2006-12-20
Institutions: Council of the European Union, European Parliament
Subjects: Schengen Agreement, border control, external border of the EU, foreign national, frontier region, residence permit

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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 COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the 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 Treaty1, 

1 

Opinion of the European Parliament of 14 February 2006 (not yet published in the Official 
Journal) and Council Decision of 5 October 2006. 

 
                                                 
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Whereas: 

(1) 

The need to develop rules on local border traffic in order to consolidate the Community 

legal framework on external borders was highlighted in the Commission 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 endorsed by the European Council in Seville on 21 

and 22 June 2002. 

(2) 

It is in the interest of the enlarged Community to ensure that the borders with its 

neighbours are not a barrier to trade, social and cultural interchange or regional 

cooperation. An efficient system for local border traffic should consequently be developed. 

(3) 

The local border traffic regime constitutes a derogation from the general rules governing 

the border control of persons crossing the external borders of the Member States of the 

European Union which are set out in Regulation (EC) No 562/2006 of the European 

Parliament and of the Council of 15 March 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. 

 
                                                 
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(4) 

The Community should lay down criteria and conditions to be complied with when the 

crossing of an external land border under the local border traffic regime is being eased for 

border residents. Such criteria and conditions should ensure a balance between, on the one 

hand, the easing of border crossing for bona fide border residents having legitimate reasons 

frequently to cross an external land border 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 traffic permits should be issued 

only to those who have been lawfully resident in a border area for at least one year. 

Bilateral Agreements concluded between Member 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 whether 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 those whose nationals are exempt from that 
requirement1. As a result, this Regulation should be read together with Council 

Regulation (EC) No 1932/2006 of 21 December 2006 amending Regulation (EC) 
No 539/20012, which is designed to exempt from the visa obligation border residents who 

benefit from the local border traffic regime established by this Regulation. As a 

consequence, this Regulation may enter into force only in conjunction with that amending 

Regulation. 

1 

2 

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). 
See in this Official Journal. 

 
                                                 
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(7) 

The Community should lay down specific criteria 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 crossing 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 enjoyed by third-country nationals and members of their families 

under Agreements between the Community and its Member States, on the one hand, and 

the third countries concerned, on the other 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 should, as a matter of course, be eased for any 

person enjoying the Community right of free movement residing in the border area 

concerned. 

(9) 

For the implementation of the local border traffic regime, Member States should be 

allowed to maintain or conclude, if necessary, bilateral Agreements with neighbouring 

third countries, provided that such Agreements comply with the rules laid down in this 

Regulation.  

 
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(10) 

This Regulation does not affect the specific arrangements applied in 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 of 14 June 1985 between the 

Governments of the States of the Benelux Economic Union, the Federal Republic of 

Germany and the French Republic on the gradual abolition of checks at their common 
borders signed at Schengen on 19 June 19901. 

(11) 

Penalties, as provided for in national law, should be imposed 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 the European Parliament and to the Council on 

the application of this Regulation. The report 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 border traffic regime at external land borders, 

directly affects the Community acquis on external borders and cannot thus be achieved 

sufficiently by the Member States and can therefore, by reason of the scale and effects of 

this Regulation, be better achieved at Community level, the Community may adopt 

measures, in accordance with the principle of subsidiarity as set out in Article 5 of the 

Treaty establishing the European Community. 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. 

 
                                                 
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(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 the 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 Three of the Treaty establishing the European 

Community, Denmark shall, in accordance with Article 5 of that Protocol, decide within a 

period of six months after the date of adoption of this Regulation whether it will implement 

it in its national law. 

(16) 

As regards Iceland and Norway, this Regulation constitutes a development 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 implementation, 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 constitutes a development of provisions of the Schengen acquis in which 

the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC 

of 29 May 2000 concerning the request of the United Kingdom of Great Britain and 
Northern Ireland to take part in some of the provisions 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 
2 
3 

OJ L 176, 10.7.1999, p. 36. 
OJ L 176, 10.7.1999, p. 31. 
OJ L 131, 1.6.2000, p. 43. 

 
                                                 
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(18) 

This Regulation constitutes a development of provisions of the Schengen acquis in which 

Ireland does not take part, in accordance with Council Decision 2002/192/EC of 

28 February 2002 concerning Ireland's request to take part in some 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 constitutes a development of the provisions of the 

Schengen acquis within the meaning of the Agreement signed between the European 

Union, the European Community and the Swiss Confederation on the Swiss 

Confederation's association with the implementation, application 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 Regulation constitute provisions building on the 

Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 

2003 Act of Accession, 

HAVE ADOPTED THIS REGULATION: 

1 
2 

3 

OJ L 64, 7.3.2002, p. 20. 
Council Decision 2004/849/EC of 25 October 2004 on the signing, on behalf of the 
European Union, and on the provisional application of certain provisions of the Agreement 
between the European Union, the European Community and the Swiss Confederation 
concerning the Swiss Confederation's association with the implementation, application and 
development of the Schengen acquis (OJ L 368, 15.12.2004, p. 26). 
Council Decision 2004/860/EC of 25 October 2004 on the signing, on behalf of the 
European Community, and on the provisional application of certain provisions of the 
Agreement between the European Union, the European Community and the Swiss 
Confederation, concerning the Swiss Confederation's association with the implementation, 
application and development of the Schengen acquis (OJ L 370, 17.12.2004, p. 78). 

 
                                                 
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Chapter I 

General provisions 

Article 1 

Subject matter 

1. 

This Regulation establishes a local border traffic regime at the external land borders of the 

Member States and introduces for that purpose a local border traffic permit. 

2. 

This Regulation authorises Member States to conclude or maintain bilateral Agreements 

with neighbouring third countries for the purpose of implementing the local border traffic 

regime established by this Regulation. 

Article 2 

Scope 

This Regulation shall not affect the provisions of Community and 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. 

 
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Article 3 

Definitions 

For the purposes of this Regulation the following definitions shall apply: 

1) 

"external land border" means the common land border between a Member State and a 

neighbouring third country; 

2) 

"border area" means an area that extends no more than 30 kilometres 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 social, 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 exercising his or her right of free movement to 
whom Directive 2004/38/EC1 applies; 

1 

Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on 
the right of citizens of the Union and their family 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. 

 
                                                 
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(ii)  nationals of third countries and members of their families, whatever 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 citizens of the Union; 

5) 

"third-country national" means any person who is not a citizen of the Union within the 

meaning of Article 17(1) of the Treaty establishing the European Community and who is 

not covered by point 4; 

6) 

"border residents" means third–country nationals who have been lawfully resident in the 

border area of a country neighbouring a Member State for a period specified in the bilateral 

Agreements referred to in Article 13, which shall be at least one year. In exceptional and 

duly justified cases specified in those bilateral Agreements, a period of residence of less 

than one year may also be considered as appropriate; 

7) 

"local border traffic permit" means a specific document, as introduced by Chapter III, 

entitling border residents to cross an external land border under the local border traffic 

regime; 

8) 

"the Schengen Convention" means the Convention implementing the Schengen Agreement 

of 14 June 1985 between the Governments of the States of the Benelux Economic Union, 

the Federal Republic of Germany and the French Republic on the gradual abolition of 
checks at their common borders1. 

1 

OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regulation (EC) No 1160/2005 
of the European Parliament and of the Council (OJ L 191, 22.7.2005, p. 18). 

 
                                                 
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Chapter II 

Local border traffic regime 

Article 4 

Entry conditions 

Border residents may cross the external 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 permit 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 security, 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 databases for the purposes of refusing entry on the 

same grounds. 

 
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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 border 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 residents 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 traffic permit under the local 

border traffic regime. 

3. 

Paragraph 1 shall be without 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. 

 
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2. 

The territorial validity of the 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 photograph of the holder of the permit and shall 

contain at least the following information: 

(a) 

the forename(s), surname(s), date of birth, 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 document 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 move outside the border area and 

that any abuse shall be subject to penalties as provided for in Article 17. 

Security features and technical specifications of the local border traffic permit 

Article 8 

1. 

The security features and technical specifications of the local border traffic permit shall 

comply with the relevant provisions of Council Regulation (EC) No 1030/2002 of 

13 June 2002 laying down a uniform format for residence permits for third-country 
nationals1. 

1 

OJ L 157, 15.6.2002, p. 1. 

 
                                                 
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2. 

Member States shall forward to the Commission and to the other Member States a 

specimen of the local border traffic permit 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 them to cross the external borders; 

(b) 

produce documents proving their status as border residents and proving the existence of 

legitimate reasons frequently to cross an external land border under the 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 security, 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 databases 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. 

 
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Article 11 

Issuing fees 

The fees corresponding to the administrative costs of processing applications 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 and 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. 

 
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Chapter IV 

Implementation of the local border traffic regime 

Bilateral Agreements between Member States and neighbouring third countries 

Article 13 

1. 

For the purposes of implementing the local border traffic regime, Member States shall be 

authorised to conclude bilateral Agreements with neighbouring third countries in 

accordance with the rules set 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 bilateral Agreement on local border traffic with a 

neighbouring third country, the Member States concerned shall consult the Commission as 

to the compatibility of the Agreement with this Regulation. 

If the Commission considers the Agreement to be incompatible with this Regulation, it 

shall notify the Member State concerned. The Member State shall take all appropriate steps 

to amend the Agreement within a reasonable period in such a way as to eliminate the 

incompatibilities established. 

 
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3. 

Where the Community or the Member State 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 established by this Regulation to be facilitated. 

Article 14 

Comparability of treatment 

In the bilateral Agreements referred to in Article 13, Member States shall ensure that third countries 

grant persons enjoying the Community right of free movement and third-country nationals lawfully 

resident in the border area of the Member State concerned treatment 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 Article 13 may provide for border crossing to be 

eased, whereby Member States: 

(a) 

set up specific border crossing points open only to border residents; 

(b) 

reserve specific lanes to border residents at ordinary border crossing points; or 

(c) 

taking into account the local circumstances, and where exceptionally there is a 

requirement of a special nature, authorise border residents to cross their external land 

border at defined places other than authorised border crossing points and outside the 

fixed hours. 

 
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2. 

Where a Member State decides to ease border crossing for border residents in accordance 

with paragraph 1, it shall, as a matter of course, ease border crossing for any person 

enjoying the Community right of free movement residing in the border area concerned. 

3. 

At the border crossing points referred to in paragraph 1(a) and at the lanes referred to in 

paragraph 1(b), persons who regularly cross the external land border 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 checks from time to time, without warning and at 

irregular intervals. 

4. 

Where a Member State decides to ease border crossing for border residents in accordance 

with paragraph 1(c): 

(a) 

the local border traffic permit shall contain, in addition to the information required 

by Article 7(3), details of the place where, and the circumstances in which, the 

external land border may be crossed; 

(b) 

the Member State in question shall carry out random checks and conduct regular 

surveillance in order to prevent unauthorised border crossings.  

 
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Chapter V 

Final provisions 

Article 16 

Ceuta and Melilla 

The provisions of this Regulation shall not affect the specific arrangements 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 the bilateral Agreements referred to in 

Article 13, is subject to penalties as provided for by national law. 

2. 

Those penalties shall be effective, proportionate and dissuasive and shall include the 

possibility of cancelling and revoking local border traffic permits. 

 
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3. 

Member States shall keep a record of all cases 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 other 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 local border traffic regime, as established by 

this Regulation and implemented by the bilateral Agreements concluded or maintained in 

conformity with the rules set out in this Regulation. That report 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 information 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 any other appropriate means. 

 
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Article 20 

Amendment of the provisions of the Schengen Convention 

The provisions of Article 136(3) of the Schengen Convention shall be replaced by the following: 

"3. Paragraph 2 shall not apply to bilateral Agreements 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 traffic at the external land borders of the Member 
States*. 

_________________________ 

* 

OJ L 405, 30.12.2006. 

 
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Article 21 

Entry into force 

This Regulation shall enter into force on the 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 FONTELLES 

J. KORKEAOJA 

__________________________