Corrigendum to 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 ( OJ L 405, 30.12.2006 )
Date: 2007-02-03
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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CORRIGENDA

Corrigendum to 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

(Official Journal of the European Communities L 405 of 30 December 2006)

Regulation (EC) No 1931/2006 should read as follows:

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 Commu-
nity, 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),

Whereas:

(1)

(2)

(3)

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 Communica-
tion 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.

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 cooper-
ation. An efficient system for local border traffic should
consequently be developed.

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)

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

the European Parliament and of

the
No 562/2006 of
Council of 15 March 2006 establishing a Community Code
on the rules governing the movement of persons across
borders (Schengen Borders Code) (2).

(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
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

they are subject

(2) OJ L 105, 13.4.2006, p. 1.

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from that

requirement (1). As a result,

crossing the external borders and those whose nationals are
exempt
this
Regulation should be read together with Council Regula-
tion (EC) No 1932/2006 (2) amending Regulation (EC) No
539/2001, 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.

the local border traffic regime established by this Regula-
tion.

(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.

(7)

(8)

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.

rights and
(13) This Regulation respects
freedoms and observes
recognised in
particular by the Charter of Fundamental Rights of the
European Union.

the fundamental
the principles

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.

(14) Since the objective of this Regulation, namely the laying
down of the criteria and conditions for the establishment of
land borders,
a local border traffic regime at external
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 accord-
ance with the principle of proportionality, as set out in that
is
Article,
necessary in order to achieve that objective.

this Regulation does not go beyond what

(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.

(15)

(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 1990 (3).

(11) Penalties, as provided for

law, should be
imposed by Member States on border residents who abuse

in national

(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 page 10 of this Official Journal.
(3) OJ L 239, 22.9.2000, p. 69.

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,
that
Denmark shall,
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.

in accordance with Article 5 of

(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 acquis (4), which fall within the area referred to
in Article 1(A), of Council Decision 1999/437/EC on
certain arrangements for the application of that Agree-
ment (5).

(4) OJ L 176, 10.7.1999, p. 36.
(5) OJ L 176, 10.7.1999, p. 31.

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(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 acquis (1). The
United Kingdom is therefore not taking part in its adoption
and is not bound by it or subject to its application.

(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 acquis (2). Ireland is
therefore not taking part in its adoption and is not bound
by it or subject to its application.

(19) As

the provisions of

regards Switzerland,

this Regulation constitutes a
the Schengen acquis
development of
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(A) of Decision 1999/437/EC read in conjunction
with Article 4(1) of Decision 2004/849/EC (3) and Article 4
(1) of Decision 2004/860/EC (4).

(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:

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.

(1) OJ L 131, 1.6.2000, p. 43. Decision as amended by Decision

2004/926/EC (OJ L 395, 31.12.2004, p. 70).

(2) OJ L 64, 7.3.2002, p. 20.
(3) 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).

(4) 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
the
with the implementation, application and development of
Schengen acquis (OJ L 370, 17.12.2004, p. 78).

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.

Article 3

Definitions

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

1.

2.

3.

‘external
land border’ means the common land border
between a Member State and a neighbouring third country;

‘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;

‘local border traffic’ means the regular crossing of an
external land border by border residents in order to stay in
a border
cultural or
substantiated economic reasons, or for family reasons, for
a period not exceeding the time limit laid down in this
Regulation;

example

social,

area,

for

for

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 Commu-
nity, 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/EC (5) applies;

(5) 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;

(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.

5.

6.

7.

8.

‘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;

‘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;

‘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;

‘the Schengen Convention’ means the Convention imple-
menting 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 (1).

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

CHAPTER II

Introduction of a local border traffic permit

LOCAL BORDER TRAFFIC REGIME

1. A local border traffic permit is hereby introduced.

Article 4

Entry conditions

Border residents may cross the external
neighbouring Member State under
regime, on condition that they:

land border of a
traffic

the local border

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)

(b)

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;

are not persons for whom an alert has been issued in the
Schengen Information System (SIS) for the purposes of
refusing them entry;

(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).

(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)

(d)

the border area within which the holder of the permit is
authorised to move;

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.

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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.

the fees charged for processing applications for short-term
multiple-entry visas.

Article 8

The local border traffic permit may be issued free of charge.

Security features and technical specifications of the local
border traffic permit

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
nationals (1).

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

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.

Local border traffic permits may be issued to border residents
who:

IMPLEMENTATION OF THE LOCAL BORDER TRAFFIC REGIME

CHAPTER IV

are in possession of a valid travel document or documents,
as
the Schengen
Convention, entitling them to cross the external borders;

referred to in Article 17(3)(a) of

Bilateral Agreements between Member States and
neighbouring third countries

Article 13

(a)

(b)

(c)

(d)

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;

are not persons for whom an alert has been issued in the
SIS for the purposes of refusing them entry;

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.

Article 11

Issuing fees

The fees corresponding to the administrative costs of processing
applications for the local border traffic permit shall not exceed

(1) OJ L 157, 15.6.2002, p. 1.

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
such Agreements are incompatible with this
that
extent
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.

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.

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Article 14

Comparability of treatment

(b)

the Member State in question shall carry out random
checks and conduct regular surveillance in order to prevent
unauthorised border crossings.

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
the Member State
in the border area of
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.

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
dissuasive and shall
revoking local border traffic permits.

shall be effective, proportionate and
include the possibility of cancelling and

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. Member States shall keep a record of all cases of abuse of the
imposed in
local border
traffic regime and of penalties
accordance with paragraph 1. That
information shall be
forwarded every six months to the other Member States and to
the Commission.

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):

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
report shall be accompanied, where
this Regulation. That
necessary, by appropriate legislative proposals.

(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;

1. Member States shall notify the Commission of all bilateral
Agreements referred to in Article 13 and of any denunciation
thereof or amendment thereto.

Article 19

Notification of bilateral Agreements

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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.

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 (*).

Amendment of the provisions of the Schengen Convention

3.2.2007, p. 3.’

Article 20

(*) OJ L 405, 30.12.2006, p. 1. Corrected by OJ L 29,

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

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
The President
J. BORRELL FONTELLES

For the Council
The President
J. KORKEAOJA