Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a mechanism to resolve legal and administrative obstacles in a cross-border context
Date: 2023-12-12
Institutions: Directorate-General for Regional and Urban Policy, European Commission
Subjects: EU Member State, EU regional policy, administrative cooperation, cross-border cooperation, economic and social cohesion, frontier region, legal cooperation, regional cooperation, regional development, regional disparity

EN 

  EN 

   EUROPEAN COMMISSION  Strasbourg, 12.12.2023  COM(2023) 790 final 2018/0198 (COD)  Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a mechanism to resolve legal and administrative obstacles in a cross-border context  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

This  proposal  amends  the  Commission’s  proposal  for  a  Regulation  of  the  European 
Parliament and of the Council on a mechanism to resolve legal and administrative obstacles in 
a cross-border context1 (‘the ECBM proposal’) including amending the title for a Regulation 
on Facilitating Cross-Border Solutions.  

The Commission  adopted the  ECBM proposal  in  May 2018, but  no agreement was reached 
between  Parliament  and  Council  on  the  file,  due  to  the  two  co-legislators  taking  different 
stances.  Parliament  adopted  its  first  reading  position  on  14  February  2019.  Overall,  this 
position  was  very  supportive  of  the  Commission  proposal  and  proposed  a  few  additions  to 
give  greater  flexibility  in  implementation.  The  Council  did  not  adopt  a  formal  position,  as 
Member  States  raised  several  concerns  with  the  proposal  at  working  group  level,  and 
discontinued  work on the file. 

On  14  September  2023,  Parliament  adopted  an  own-initiative  legislative  resolution  with 
recommendations  to the  Commission  on amending the ECBM proposal, in  accordance  with 
Article 225 of the Treaty on the Functioning of the European Union (‘the Treaty). 

This  amended proposal  from the Commission takes due account  of the concerns, comments 
and recommendations from the two co-legislators, while maintaining the original focus of the 
ECBM proposal on resolving the obstacles that hamper the lives of cross-border communities. 

Since the Commission adopted the ECBM proposal in 2018, the need to unlock the potential 
of EU cross-border regions by proposing a legal framework to resolve cross-border obstacles 
has  become  even  more  pressing.  Legal  and  administrative  cross-border  obstacles  pose 
significant  challenges  for  the  daily  lives  of  150  million  citizens  who  live  in  cross-border 
regions,  as  well  as  for  businesses  and  institutions,  hindering  their  activities  and  adversely 
affecting  economic  performance.  It  is  estimated  that  removing  20%  of  the  obstacles  would 
boost  GDP  by  2%  and  create  over  one million  jobs  in  cross-border  regions2.  Beyond 
macroeconomic impacts, access to public services such as transport, hospitals and universities 
is  generally  more  difficult 
in  cross-border  regions.  Navigating  between  different 
administrative and legal systems is often complex and costly. 
In  a  survey  conducted  by  the  Commission  in  July  20203,  44%  of  the  citizens  in  EU  cross-
border regions identified legal and administrative differences as the most important obstacles 
to  cooperation.  The  impact  of  cross-border  obstacles  in  the  development  of  cross-border 
regions  has  been  documented  in  the  Cross-Border  Review,  including  the  Commission 
Communication on "Boosting Growth and Cohesion in EU Border regions"4. 

Furthermore, cross-border regions risk being disproportionately affected at times of crisis. For 

1 
2 

3 

4 

–  Final 

COM(2018) 373 final, 29.5.2018. 
European  Commission,  Directorate-General  for  Regional  and  Urban  Policy,  Caragliu,  A.,  Capello,  R., 
Camagni, R. et al., Quantification of the effects of legal and administrative border obstacles in land border 
2017, https://data.europa.eu/doi/10.2776/25579; 
regions 
COM(2017) 534 final, 20.9.2017 “Boosting growth and cohesion in EU border regions”, p. 6. 
https://ec.europa.eu/regional_policy/sources/policy/cooperation/european-territorial/survey-2020/cross-
border-survey-2020-report_en.pdf . 
Communication from the Commission to the  Council and the European Parliament 'Boosting growth and 
cohesion in EU border regions' - COM(2017) 534 final, 20.9.2017. 

report,  Publications  Office, 

EN 

1 

  EN 

 
example,  during  the  COVID-19  pandemic,  the  economic  impact  for  cross-border  regions  of 
border-related measures taken by Member States was more than double the average impact on 
all EU regions5.  

To  pioneer  work  to  overcome  cross-border  obstacles,  the  Commission  launched  in  2018  b-
solutions6, an innovative initiative providing legal support to public authorities in cross-border 
regions  to  identify  the  root  causes  of  legal  or  administrative  obstacles  affecting  their  cross-
border interactions and to explore potential solutions. As of the end of November 2023, 154 
cases  have  been  selected  by  the  initiative,  of  which  90  have  been  concluded  by  finding  the 
cause of the obstacle. These 90  cases  covered 27 cross-border regions in  21 Member States 
and  tackled  obstacles  mainly  in  employment,  public  transport,  health  care  and  institutional 
cooperation.  In  over  a  third  of  those  cases,  the  root  cause  has  been  divergent  legal  and 
administrative norms on either side of the border requiring Member States to get involved in 
finding  a  solution.  The  experience  of  the  b-solutions  initiative  has  been  instrumental  to 
analyse  and  identify  legal  and  administrative  cross-border  obstacles  and  has  revealed  the 
potential  of  a  new  tool,  established  at  EU  level,  to  help  resolve  these  obstacles.  While  b-
solutions has  been helping  in  identifying obstacles, that initiative  is  not  sufficient to  offer a 
tool as such, that Member States can use and rely on for their corresponding processes, should 
they wish to eliminate an obstacle. 

The  current  financing  and  legal  instruments  available  at  EU  level  do  not  provide  a 
comprehensive  and  effective  response  to  the  obstacles  affecting  cross-border  regions.  In 
particular,  while  European  groupings  of  territorial  cooperation  (EGTCs)7  are  effective  in 
facilitating  cross-border  cooperation  by  creating  legal  entities  that  straddle  national  borders, 
they  lack  regulatory  powers  to  resolve  obstacles  in  cross-border  cases.  Similarly,  while 
Interreg programmes provide effective financial support for cross-border projects that help to 
bring regions and citizens closer on both sides of the border, they cannot alone tackle the legal 
and administrative barriers as they require decisions  outside of the scope of programme and 
project management structures. 

The amended proposal therefore provides a legal framework applicable to all Member States 
to help find solutions to legal and administrative obstacles that potentially  undermine cross-
border interaction and the development of cross-border regions. The scope encompasses items 
of  infrastructure  with  an  impact  on  a  cross-border  region  or  a  public  service  provided  in  a 
cross-border  region.  This  proposal  only  covers  obstacles  stemming  from  national  law, 
including  where  Member  States  transpose  EU  directives  correctly  but  in  a  diverging  way. 
Obstacles  involving  a  potential  breach  of  Union  law  are  out  of  the  scope  of  this  amended 
proposal, given that there are other specific instruments tailored to resolving these issues, such 
as SOLVIT. Cross-border coordination points may cooperate with  national  SOLVIT centres 
to carry out potential transfer of files where appropriate.  

The  amended  proposal  requires  setting  up  cross-border  coordination  points  in  all  Member 
States  for  reporting  cross-border  obstacles  and  assessing  files  submitted  by  “initiators”. 
Initiators are public law or private law entities or natural persons who prepare a cross-border 
file  by  setting  out  the  cross-border  interaction  and  describing  the  obstacles  for  the 

5 

6 
7 

EN 

European  Commission,  Directorate-General  for  Regional  and  Urban  Policy,  Capello,  R.,  Caragliu, 
A., Analysis  of  the  economic  impacts  of  border-related  measures  taken  by  Member  States  in  the  fight 
against  COVID-19 
the  European  Union, 
2022, https://data.europa.eu/doi/10.2776/973169. 
https://www.b-solutionsproject.com/ . 
Regulation  (EC)  No  1082/2006  of  the  European  Parliament  and  of  the  Council  of  5  July  2006  on  a 
European grouping of territorial cooperation (EGTC) (OJ L 210, 31.7.2006, p. 19). 

Publications  Office 

–  Final 

report, 

of 

2 

  EN 

 
consideration of coordination points. Member States may identify current or new bodies and 
they  may  choose  to  set  up  one  or  several  coordination  points,  including  joint  bodies  with 
neighbouring Member States, in line with their institutional framework and preferences. 

The  cross-border  coordination  point  is  tasked  with  assessing  the  cross-border  obstacle 
described by the initiator. If it concludes that there is an obstacle, it looks at what  cooperation 
structures are available to resolve the identified obstacle. If there is no institutional structure 
for cross-border cooperation to resolve the obstacle or if the existing ones are not sufficient to 
solve it, Member States may opt to use the Cross-Border Facilitation Tool set up under this 
Regulation.  At  any  procedural  step,  the  cross-border  coordination  point  may  choose  not  to 
resolve  the  obstacle,  even  if  it  concludes  that  the  obstacle  exists.  If  so,  it  will  inform  the 
initiator accordingly and explain why the obstacle described in the file will not be addressed. 
After  assessing  a  cross-border  file,  the  cross-border  coordination  point  must  forward  the 
conclusion of the assessment to the initiator within a reasonable timeframe. 

The  Cross-Border  Facilitation  Tool  consists  of  a  single  procedure  to  tackle  obstacles  of  a 
legislative or administrative nature. After assessing the obstacle and identifying the nature of 
the provision at the origin of the obstacle, the cross-border coordination point is responsible 
for contacting the competent authority to  first  verify  the interest  and  feasibility  of resolving 
the obstacle through the identified administrative or legal provision(s) and for informing the 
initiator  and  the  cross-border  coordination  point  of  the  neighbouring  Member  State 
accordingly.  For  cross-border  obstacles  that  would  require  an  adaptation  of  the  current 
legislation, the position taken by the cross-border coordination point to suggest to the national 
government  to  launch  a  legislative  procedure  is  in  no  way  binding  on  the  competent 
legislative  body.  The  decision  as  to  whether  to  resolve  an  administrative  or  legal  obstacle 
remains voluntary and rests with the competent national authorities. 

This amended proposal has multiple benefits. It gives Member States a standard procedure for 
resolving obstacles and ensures that EU citizens living in border areas receive a (positive or 
negative)  response  from  their  Member  State  within  a  reasonable  timeframe  on  the  scope  to 
overcome  the  identified  obstacles.  It  gives  Member  States  that  lack  sufficient  cooperation 
structures a new tool to resolve these obstacles. In addition, cross-border coordination points 
in  each  Member  State  will  create  an  efficient  network  to  share  knowledge  and  strengthen 
capacities, in liaison with the Commission. More broadly, the amended proposal can play an 
an important role in enabling the functioning of the single market and fostering the economic, 
social and territorial cohesion of the EU. The proposal can have a direct impact on the daily 
life  of  people  living  in  cross-border  regions  by  improving  their  access  to  services  and 
economic opportunities. 

Compared to the 2018 ECBM proposal, this amended proposal has been adapted to take into 
account concerns about subsidiarity and proportionality. The Cross-Border Facilitation Tool is 
optional  and  should  be  used  only  if  no  other  tools  from  existing  cooperation  structures  are 
available or able to satisfactorily resolve the obstacle. 

While  Member  States  will  have  to  analyse  whether  an  obstacle  exists  and  can  be  resolved, 
they can decide, after analysing the file, whether to resolve the obstacle, taking account of the 
assessment  made  by  the  cross-border  cooperation  point.  The  amended  proposal  is  therefore 
fully  based  on  the  principle  of  subsidiarity,  respecting  Member  States’  legislative 
prerogatives.  

Compared to the 2018 ECBM proposal,  the amended proposal simplifies the procedures for 
assessing cross-border files submitted by initiators. Under the Cross-Border Facilitation Tool, 
one  single  procedure  is  established,  with  limited  requirements  for  Member  States  and 
applicable  to  both  legal  and  administrative  obstacles.  In  addition,  the  amended  proposal 

EN 

3 

  EN 

includes  limited  administrative  requirements,  as  Member  States  can  nominate  an  existing 
body as a cross-border coordination point and can decide how best to organise their resources. 
Member States can also nominate joint cross-border coordination points along their common 
borders, thus optimising their resources. 

• 

Consistency with existing policy provisions in the policy area 

Interreg  is  the  main  funding  instrument  of  Cohesion  Policy  to  support  cross-border 
cooperation programmes in EU cross-border regions, including those with bordering EFTA 
countries and Andorra. These programmes help to bring regions and citizens on both sides of 
the  border  closer  to  each  other.  Under  Interreg  VI  (2021-2027)8,  the  European  Regional 
Development  Fund  (ERDF)  may  support  the  Interreg-specific  objective  of  ‘a  better 
cooperation  governance’  with  the  aim  of  boosting  efficiency  of  public  administration  by 
promoting  legal  and  administrative  cooperation  and  cooperation  between  citizens,  civil 
society  and  institutions,  in  particular  with  a  view  to  resolving  legal  and  other  obstacles  in 
cross-border regions9. Some Interreg programmes may use this option to fund the creation of 
structures  that  can  function  as  cross-border  coordination  points.  Where  this  support  is  not 
already  included  in  the  Interreg  programmes  concerned  or  where  the  allocation  is  not 
substantive enough, Member States and programme partners may consider re-programming 
the ERDF for the creation and the functioning of cross-border coordination points. Beyond 
this complementary support and the provision  of EU funding,  Interreg programmes  cannot 
alone  tackle  the  legal  and  administrative  cross-border  obstacles  as  they  require  decisions 
outside of the scope of programme and project management structures.  

The  amended  proposal  therefore  provides  the  legal  framework  applicable  to  all  Member 
States  to  find  solutions  to  legal  and  administrative  obstacles  as  a  complement  both  to  the 
financial  support  provided  under  Interreg,  and  to  institutional  support  such  as  EGTCs,  as 
those groupings lack the legislative powers needed to overcome legal obstacles10. 

• 

Consistency with other Union policies 

Cohesion  Policy  and  the  single  market  are  mutually  reinforcing.  The  mechanism  created 
under this Regulation would contribute to the objectives of the single market, in particular by 
boosting the economic potential of cross-border regions, which is partially untapped due to 
differing legal and administrative systems.  

In  2017,  a  study  contracted  by  the  Commission  on  the  economic  impact  of  cross-border 
obstacles on GDP and employment in internal land cross-border regions estimated that even 
removing only 20% of existing obstacles would boost GDP in cross-border regions by 2%11. 
A  legal  framework  applicable  to  all  Member  States  to  find  solutions  to  legal  and 
administrative obstacles in cross-border regions is therefore also a necessary complement to 
the proper functioning of the internal market, a core EU objective (Article 3 TEU and Article 

8 

9 
10 
11 

Regulation  (EU)  2021/1059  of  the  European  Parliament  and  of  the  Council  of  24  June  2021  on  specific 
provisions  for  the  European  territorial  cooperation  goal  (Interreg)  supported  by  the  European  Regional 
Development Fund and external financing instruments (OJ L 231, 30.6.2021, p. 94). 
Article 14(4), point (b), of Regulation (EU) 2021/1059. 
See the first subparagraph of Article 7(4) of Regulation (EC) No 1082/2006. 
European  Commission,  Directorate-General  for  Regional  and  Urban  Policy,  Caragliu,  A.,  Capello,  R., 
Camagni, R. et al., Quantification of the effects of legal and administrative border obstacles in land border 
regions  –  Final  report,  Publications  Office,  2017, https://data.europa.eu/doi/10.2776/25579';  see 
COM(2017) 534 final, p. 6; for more details see its accompanying SWD(2017) 307 final, point 2.2, p. 20-
22. 

EN 

4 

  EN 

 
3(1)(b) of the Treaty)12. 

The  material  scope  of  the  amended  proposal  does  not  affect  the  exercise  of  other 
competences  and measures decided upon in  the framework of other  EU policies nor affect 
the institutional balance as laid down in the Treaties. 

This Regulation will not affect any other Union legal acts, in particular those are applicable 
to the non-judicial resolution of legal issues arising from  cross-border obstacles or that are 
relevant  to  the  correct  interpretation  or  implementation  of  Union  law.  This  Regulation  is 
without  prejudice  to  the  coordination  mechanisms  established  for  social  security  and 
taxation.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Article  175  of  the  Treaty,  third  subparagraph,  provides  for  specific  actions  to  be  decided 
upon outside the Funds listed in the first subparagraph, in order to achieve the objective of 
social  and  economic  cohesion  envisaged  by  the  of  the  Treaty.  To  achieve  a  harmonious 
development of the European Union as a whole and greater economic, social and territorial 
cohesion,  more  intensive  territorial  cooperation  is  needed.  To  this  end,  it  is  appropriate  to 
take measures  to  improve  the implementing conditions  for cooperation  across  cross-border 
regions, which merit particular attention, in line with Article 174 of the Treaty, paragraph 3. 

• 

Subsidiarity 

The  conditions  for  territorial  cooperation  should  be  created  in  line  with  the  subsidiarity 
principle enshrined in Article 5(3) TEU. Member States have taken individual, bilateral and 
even multilateral initiatives to resolve legal cross-border obstacles. However, not all Member 
States have such cooperation structures, and not for all borders of a given Member State.  

Similarly, cross-border coordination points are not operational in all Member States covering 
all  internal  EU  borders,  though  they  are  needed  to  create  an  efficient  network  to  share 
knowledge  and  strengthen  capacities,  in  liaison  with  the  Commission.  In  addition,  EU 
funding  (mainly  under  the  Interreg  programmes)  and  legal  instruments  (mainly  EGTCs) 
have  so  far  not  been  sufficient  to  resolve  the  legal  cross-border  obstacles  identified  across 
the Union.  

As  a  result,  the  objectives  of  the  proposed  action  cannot  be  sufficiently  achieved  by  the 
Member States, either at national, regional or local level. Given the scale and effects of the 
proposed  action, they are better achieved by taking action at EU level. Further action by the 
EU legislator is therefore needed. 

• 

Proportionality 

In line with the principle of proportionality, as set out in Article 5(4) TEU, the content and 
form  of  EU  action  should  not  exceed  what  is  necessary  to  achieve  the  objectives  of  the 
Treaties. Use of the Cross-Border Facilitation Tool set up under this Regulation is voluntary. 
Member  States  may  decide  with  one  or  more  neighbouring  Member  States  to  continue  to 
resolve  legal  obstacles  in  a  specific  cross-border  region  under  existing  cooperation 

12 

See  also  the  9th  consideration  of  the  preamble  to  the  Treaty  on  European  Union  (bold  added): 
"DETERMINED  to  promote  economic  and  social  progress  for  their  peoples,  taking  into  account  the 
principle  of  sustainable  development  and  within  the  context  of  the  accomplishment  of  the  internal 
market and of reinforced cohesion and environmental protection, and to implement policies ensuring that 
advances in economic integration are accompanied by parallel progress in other fields". 

EN 

5 

  EN 

 
structures.  

Member  States  can  decide  how  best  to  organise  their  resources  when  nominating  a  cross-
border  coordination  point,  including  by  nominating  an  existing  body  or  joint  cross-border 
coordination points with neighbouring Member States. 

If a Member State lacks such a tool or if the cooperation structures in place are not sufficient 
to resolve a given cross-border obstacle, it may opt to use the Cross-Border Facilitation Tool 
set up under this Regulation. 

Therefore,  this  Regulation  does  not  go  beyond  what  is  necessary  to  achieve  its  objectives. 
The amended proposal is without prejudice to the legal remedies laid down by the Treaties 
for tackling breaches of Union law by Member States. 

• 

Choice of the instrument 

As  described  in  Section  1  above,  Member  States  have  taken  individual,  bilateral  and  even 
multilateral  initiatives  to  resolve  legal  cross-border  obstacles;  however,  this  is  not 
necessarily the case for all Member States and certainly insufficient to cover all obstacles. 

A regulation establishes obligations on Member States to nominate cross-border cooperation 
points and to ensure that initiators receive a reply from them after an assessment of a cross-
border file, within a reasonable deadline (which may be set under national law). A regulation 
is  compatible  with  proposing  a  voluntary,  off-the-shelf  tool  (the  Cross-Border  Facilitation 
Tool) and with Member States’ prerogative to choose the appropriate instrument. The choice 
of this amended Regulation is consistent with the Commission’s 2018 ECBM proposal and 
with the interinstitutional context of this file (see Section 1). 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

N/A: new legislation 

• 

Stakeholder consultations 

The  concept  of  a  cross-border  policy  stems  initially  from  the  work  undertaken  by  the 
Luxembourg Presidency of the Council in 2015. This led to the establishment of an informal 
working group of Member States and groupings of Member States that met until December 
2018.  The  working  group  explored  options  to  facilitate  the  resolution  of  persisting  cross-
border obstacles, especially when implementing cross-border projects. 

Other  stakeholders,  in  particular  cross-border  regions  and  institutions,  have  asked  for  an 
instrument addressing cross-border obstacles for quite some time. This has been particularly 
visible  during  the  Cross-Border  Review  carried  out  by  the  Commission  between  2015  and 
2017. The public consultations carried during the Review in all the official languages of the 
Union  received  over  620  replies.  On  the  question  linked  to  potential  solutions  to  border 
issues,  respondents  explicitly  asked  the  Commission  to  promote  greater  flexibility  in 
implementing national/regional legislation in border regions. 

The  opinion  issued  by  the  Committee  of  the  Regions  and  the  resolution  of  the  European 
Parliament in response to the Communication “Boosting Growth and Cohesion in EU Border 
Regions”  welcomed  the  2018  proposal  to  develop  this  instrument.  Both  documents  were 
adopted  in  summer  2018.  Reacting  to  the  2018  proposal,  on  5  December  2018,  the 
Committee of the Regions adopted another report (Rapporteur: Bouke Arends, NL/PES) in 
support of the proposal. The Committee of the Regions adopted a new opinion on “European 

EN 

6 

  EN 

Cross-Border  Mechanism  2.0”  on  10  October  2023  (Rapporteur:  Magali  Altounian,  FR/ 
RENEW). 

The b-solutions initiative referred to in Section 1 further evidenced the need for a legal tool 
established  under  Union  law  to  help  resolve  cross-border  obstacles.  In  the  2020  survey 
conducted by the Commission (see also Section 1), 44% of the citizens in EU border regions 
identified legal and administrative differences as the most important obstacles to cross-border 
cooperation. 

Impact assessment 

• 
The  impact  and  European  added  value  of  Interreg  programmes  are  well  recognised13. 
However,  in  many  cases,  cross-border  barriers  (especially  regarding  health  services,  local 
public transport and business development) stem from differences in administrative practices 
and national legal frameworks. These are difficult for programmes to address alone and they 
require decisions that are outside the scope of programme structures. 

The  2018  ECBM  proposal  was  part  of  the  2021-2027  Cohesion  Policy  legislative  package, 
which  was  accompanied  by  an  impact  assessment14,  which  continues  to  apply.  This  impact 
assessment draws on the aforementioned study from 2017 contracted by the Commission. The 
findings  being  still  relevant  and  valid  today,  there  is  no  need  for  an  updated  impact 
assessment  for  the  amended  proposal.  This  proposal  brings  in  substantial  simplifications  to 
the  2018  ECBM  proposal,  while  maintaining  its  original  focus  on  resolving  the  legal  and 
administrative  obstacles  that  hamper  the  economic  and  social  development  of  EU  cross-
border regions. 

A  more  recent  study  carried  out  by  the  European  Parliamentary  Research  Service  entitled 
‘Mechanism  to  resolve  legal  and  administrative  obstacles  in  a  cross-border  context  - 
European added value assessment’15 concluded that adopting a new legislative instrument at 
EU  level  tackling  cross-border  legal  and  administrative  obstacles  could  bring  economic 
benefits  of  EUR  123  billion  per  year  within  the  EU  and  have  a  positive  social  impact  on 
border regions. 

The  Commission  launched  a  call  for  evidence  on  the  need  for  a  legal  act  at  EU  level  to 
resolve  cross-border  obstacles.  All  interested  parties  were  invited  to  provide  feedback  and 
empirical  evidence  on  the  obstacles  they  face,  their  impacts  and  whether  there  were 
alternative tools to find solutions. The consultation period closed on 16 November 2023. Over 
50 stakeholders submitted responses and evidence. Contributions demonstrate the persistence 
of many administrative and legal obstacles to cooperation between EU border regions. They 
underline  the  need  to  create  a  new  off-the-shelf  tool  under  Union  law  to  overcome  these 
obstacles,  thus  improving  cross-border  cooperation  and  contributing  to  the  development  of 
border regions. 

This amended proposal aims to unlock the potential positive impacts of greater cross-border 
interaction  across  the  Union.  It  provides  a  comprehensive  framework  applicable  to  all 
Member  States  to  find  solutions  to  the  legal  and  administrative  obstacles  that  limit  such 
cross-border interaction and curb the potential of EU border regions. 

13  Commission, ‘European Territorial Cooperation, Work Package 11, Ex-post evaluation of Cohesion Policy 
programmes 2007-2013, focusing on the European Regional Development Fund (ERDF) and the Cohesion 
Fund (CF)’, July 2016. 
SWD(2018) 282 final - 2018/0197 (COD). 
EPRS, Mechanism to resolve legal and administrative obstacles in a cross-border context: European added 
value assessment, PE 740.233, 2023. 

14 
15 

EN 

7 

  EN 

 
• 

Regulatory fitness and simplification 

N/A: new legislation. 

• 

Fundamental rights 

This  amended  proposal  creates  a  legal  mechanism  to  resolve  legal  and  administrative 
obstacles in cross-border regions and therefore it is mainly addressed to the authorities in the 
Member  States.  People  should  benefit  from  the  solutions  found  using  the  proposed 
mechanism.  Resolving  legal  obstacles  in  cross-border  regions  under  this  proposal  should 
positively impact on the daily life of people living in these regions by improving their access 
to services and economic opportunities. The proposal observes the principles recognised by 
the  Charter  of  Fundamental  Rights  of  the  European  Union  and  has  no  negative  impact  on 
any  Fundamental  Right.  In  particular,  and  due  to  its  aim  of  removing  legal  obstacles  in  a 
cross-border context, the Regulation fosters the right to access to public services (Article 36) 
and the freedom to conduct business (Article 16). However, as cross-border public services 
encompass a wider range of activities, the proposal will also foster the access to health care 
(Article 35). In a more general way, cross-border public transport services may benefit from 
the  Cross-Border  Facilitation  Tool,  as  well  as  the  freedom  of  movement  and  of  residence 
(Article 45). 

The amended proposal also covers the issue of effective legal protection of people living in 
cross-border regions. 

4. 

BUDGETARY IMPLICATIONS 

The  amended  proposal  does  not  have  a  budgetary  impact  as  it  does  not  involve  providing 
financial resources in any form.  

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Like any EU regulation, the proposed Regulation will be binding in its entirety and directly 
applicable  in  all  Member  States.  Article  291(1)  of  the  Treaty  requires  Member  States  to 
adopt all measures of national law needed to implement legally binding EU acts. As set out 
in  Section  3.2  of  the  Border  Regions  Communication,  even  where  there  is  European 
legislation, Member States have a degree of flexibility and discretion in the way they apply 
the legislation in their national systems and in the detailed implementing rules. As a result, 
when two different  systems  meet  along  internal  borders, this may create  complexity – and 
sometimes even legal uncertainty – and inflate costs.  

To assess whether the mechanism established under the proposed Regulation proves to be an 
additional effective tool to resolve legal obstacles in  cross-border regions, the Commission 
should evaluate the legislation, following the Better Regulation Agenda16. The Commission 
therefore  proposes  to  carry  out  an  evaluation  and  report  to  the  European  Parliament,  the 
Council, the Committee of the Regions, and the European Economic and Social Committee 
on the application of the proposed Regulation. In its report, it will use indicators to evaluate 
its  effectiveness,  efficiency,  relevance,  European  added  value  and  scope  for  simplification 
within 5 years of application of the proposed Regulation. 

16  Communication from the Commission to the European Parliament, the European Council and the Council 
“Better Regulation: Delivering better results for a stronger Union” - COM(2016) 615 final, 14.9.2016. 

EN 

8 

  EN 

 
• 

Detailed explanation of the specific provisions of the proposal 

Since  the  co-legislative  negotiations  on  the  2018  ECBM  proposal  showed  strong  concerns 
from  the  Council,  the  detailed  provisions  have  undergone  thorough  scrutiny,  revision, 
simplification, and restructuring to address the key concerns. This process involved reducing 
the number of provisions from 26 to 14 articles. The amended proposal combines elements of 
the  initial  Commission  proposal  with  new  elements  brought  in  following  the  own  initiative 
legislative resolution of the Parliament. 

Chapter I - General provisions (Articles 1 to 3) 

Chapter  I sets  out  the subject  matter and scope of the proposed Regulation and  defines  key 
terms. 

The  subject  matter  (Article  1)  is  a  procedure  to  facilitate  the  resolution  of  cross-border 
obstacles. To select the appropriate tool, Member States will set up and organise cross-border 
coordination points (CBCP). The proposal specifies the tasks of these CBCPs as well as the 
coordinating tasks of the Commission. 

The scope of the proposal (Article 2) covers both geographical and substance aspects. Due to 
the legal  basis, the Regulation  will apply  to  cross-border obstacles under national  law in  all 
internal  land  and  maritime  border  regions  between  neighbouring  Member  States.  The 
Regulation  does  not  affect  other  Union  legal  acts,  in  particular  those  applicable  to  the  non-
judicial  resolution  of  legal  issues  arising  from  cross-border  obstacles  and  to  the  correct 
interpretation or implementation of Union law. 

Article 3 lists the definitions needed to implement the proposal. As regards the definition of 
initiators,  the  proposal  is  broad  by  including  any  private  or  public  entity  involved  in  the 
provision,  operation,  establishment  or  functioning  of  any  cross-border  public  service  or 
infrastructure,  or  any  natural  person  having  an  interest  in  the  solution  of  the  cross-border 
obstacle. Several legal or natural persons may submit a cross-border file jointly. 

Chapter II – Cross-border coordination points (Articles 4 and 5) 

The proposal sets out several options to set up CBCPs (Article 4) and lists their tasks (Article 
5). The options allow Member States to implement this obligation as flexibly as possible and 
in  full  accordance  with  their  internal  institutional  and  legal  frameworks  (one  or  several 
CBCPs,  at  national  and/or  regional  level,  a  separate  or  an  existing  authority  or  public  law 
body). Neighbouring Member States may also apply these options to a joint CBCP covering 
both sides of a common border. 

Cross-border coordination points should act as ‘one-stop shops’ for the initiators and be their 
privileged  contact  point  in  the  respective  Member  State.  If  a  given  Member  State  sets  up 
several CBCPs, one should take the role of the main CBCP and the others should support its 
tasks and transmit the necessary information.  

Chapter III – Cross-border files (Articles 6 to 9) 

At the core of the proposal is the management of a cross-border file identifying a cross-border 
obstacle. The proposal sets out the elements of a cross-border file (Article 7), the preliminary 
assessment steps in Member States (Article 8) and some procedural aspects (Article 9). 

Based  on  experience  with  b-solutions,  initiators  should  not  be  obliged  to  identify  the 
administrative and legal provision at the origin of the obstacle, but they may be supported by 
organisations  with  expertise  on  cross-border  obstacles  in  doing  so  (e.g.,  the  Association  of 
European  Border  Regions,  the  Mission  Opérationnelle  Transfrontalière,  or  the  Central 
European  Service  for  Cross-border  Initiatives).  Initiators  can  submit  cross-border  files  only 

EN 

9 

  EN 

once,  i.e.,  in  the  Member  State  where  the  initiator  is  located  or  has  its  registered  office 
(Article 6(2)). 

In addition to giving a description of the elements necessary for the CBCPs to assess the file, 
the cross-border file should also describe the scope of any derogation from or exception to the 
normally applicable provisions or practice to limit them to the strict minimum. 

The  purpose  of  the  preliminary  assessment  is  to  ascertain  whether  there  is  a  cross-border 
obstacle or whether the file can be closed. Even if the preliminary assessment concludes that 
there  is  a  cross-border  obstacle,  the  resolution  mechanism  for  cross-border  obstacles  is 
voluntary, so the procedure can be closed at any stage provided a due explanation is given to 
the initiator. 

Article  8(5)  refers  to  the  list  of  tools  available  to  Member  States.  The  competent  body 
assesses whether one or more tools are available to apply to the specific cross-border obstacle 
and  to  resolve  it  in  coordination  with  other  parties  using  these  tools.  When  applying  these 
tools,  Member  States  follow  the  procedures  and  aspects  of  these  tools.  However,  where  the 
competent body assesses that none of the tools  available applies to the specific cross-border 
obstacle  or  that  none  of  them  is  sufficient  to  resolve  it,  the  Member  State  may  apply  the 
Cross-Border  Border  Facilitation  Tool,  proposed  in  Chapter  IV  as  an  additional  tool 
established under Union law. 

To provide the initiator with legal certainty, Article 9 sets out a procedural framework for the 
preliminary  assessment:  deadlines,  the  need  to  set  out  the  reasons  of  a  decision  whether  to 
resolve a given cross-border obstacle, and the means of legal redress against those decisions. 

Chapter IV – The Cross-Border Facilitation Tool (Articles 10 to 13) 

Article 10  sets  out  the  applying  procedure  if  the  CBCP  or  the  competent  authority  uses  the 
Cross-Border  Facilitation Tool (Article 8(6))  after assessing the  cross-border obstacle under 
Article  8(1)  and  the  other  existing  tools  available  to  resolve  the  identified  obstacle  (Article 
8(5)).  The  CBCP  or  the competent  authority  transmits  to  the initiator  the  information  about 
the  cross-border  obstacle  identified,  the  nature  of  the  provision  at  the  origin  of  the  obstacle 
and the next steps, leading to its removal or not (Article 10(2)). A coordination is also ensured 
with the neighbouring Member State if there is no joint CBCP once the obstacle is identified 
in the national legal system (Article 10(3)). Whether the obstacle is of administrative or legal 
nature,  the  CBCP  is  responsible  for  contacting  the  competent  authority  to  first  verify  the 
interest and feasibility of resolving the obstacle through the identified national administrative 
or  legal  provision(s)  or  practice  (Article  10(4)  and  (5)).  The  initiator  may  be  informed  that 
more time is needed for legal analysis, consultations inside the Member State, or coordination 
with the neighbouring Member State (Article 10(7)). 

If a decision is taken to resolve the identified obstacle, the procedure may vary depending on 
the  nature  of  the  provision  at  the  origin  of  the  cross-border  obstacle.  In  the  context  of  an 
administrative  provision,  the  authority  contacted  by  the  CBCP  may  decide  to  change  the 
provision  or  practice,  including  its  interpretation  (Article 10(4)).  In  this  case,  the  CBCP 
notifies  the  initiator  in  writing  (Article 11(1),  point  (a)).  In  the  context  of  a  legislative 
provision,  the  authority  contacted  by  the  CBCP  may  only  suggest  adapting  the  legislative 
framework to resolve the obstacle (Article 10(5)), in line with the constitutional rules of the 
Member State. In this case, the CBCP shall inform the initiator in writing of the steps of the 
legislative  procedure  that  might  be  envisaged.  If  two  or  more  neighbouring  Member  States 
conclude  that  they  each  want  to  launch  a  legislative  procedure  or  change  an  administrative 
provision  on  practice  to  resolve  the  same  obstacle,  they  will  need  to  do  so  in  close 
coordination,  possibly  including  parallel  timing  and  the  setting  up  of  a  joint  committee,  in 

EN 

10 

  EN 

accordance with their respective legislative frameworks (Article 11(3)). 

The decision as to whether to resolve an administrative or legal obstacle remains voluntary. 

Chapter V – Final provisions (Articles 12 to 14) 

Chapter  V  sets  out  the  coordination  tasks  of  the  Commission  (Article  12),  monitoring  and 
reporting tasks (Article 13) and the date of entry into force and application (Article 14). 

Article 13(1) requires that each Member State informs the Commission of the establishment 
of its CBCPs (six months after the entry into force of the proposed Regulation). 

Article 13(2) establishes an obligation of the Commission to report on the application of the 
proposed Regulation within five years after its entry into force. 

EN 

11 

  EN 

2018/0198 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on a mechanism to resolve legal and administrative obstacles in a cross-border context 

Commission proposal COM(2018) 373 final is amended as follows: 

(1) 

the title is replaced by the following: 

“REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on facilitating Cross-Border Solutions”; 

(2) 

recitals 1 to 28 are replaced by the following:  

(1) 

“Article 175, third paragraph, of the Treaty on the Functioning of the European 
Union  (‘the  Treaty’)  provides  for  specific  actions  to  be  decided  upon  outside 
the Funds17 which are the subject of the first paragraph of that Article, in order 
to  achieve  the  objective  of  social  and  economic  cohesion  envisaged  by  the 
Treaty.  In that context, territorial cooperation also contributes to the goals set 
out  in  that  Article.  To  that  end,  it  is  appropriate  to  adopt  the  measures 
necessary  to  improve  the  implementation  conditions  for  actions  of  territorial 
cooperation. 

(2)  Article 174, third paragraph, of the Treaty recognises the challenges  faced by 
cross-border  regions  and  provides  that  the  Union  should  pay  particular 
attention to those regions, when developing and pursuing actions leading to the 
strengthening of the Union’s economic, social and territorial cohesion.  

(3) 

 Commission  communication  ‘Boosting  growth  and  cohesion  in  EU  border 
regions’18 acknowledged the progress made so far in transforming such regions 
from mainly peripheral areas into areas of growth and opportunities, but at the 
same time highlighted the persisting legal and other obstacles in those regions, 
especially obstacles related to health services, labour regulation, taxes, business 
development, and obstacles linked to differences in administrative cultures and 
national  legal frameworks. Neither European  Territorial  Cooperation  funding, 
provided  in  particular  in  the  context  of  the  ‘Interreg’  programmes19,  nor  the 

17 

The European Regional Development Fund (ERDF), the European Social Fund Plus (ESF+), the Cohesion 
Fund, the Just Transition Fund (JTF), the European Maritime, Fisheries and Aquaculture Fund (EMFAF), 
the Asylum, Migration and Integration Fund (AMIF), the Internal Security Fund (ISF) and the Instrument 
for Financial Support for Border Management and Visa Policy (BMVI); See Article 1 of Regulation (EU) 
2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions 
on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just 
Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those 
and  for  the  Asylum,  Migration  and  Integration  Fund,  the  Internal  Security  Fund  and  the  Instrument  for 
Financial  Support  for  Border  Management  and  Visa  Policy,  (OJ  L  231,  30.6.2021,  p.  159,  ELI: 
http://data.europa.eu/eli/reg/2021/1060/oj).   

18  Communication from the Commission to the Council and the European Parliament ‘Boosting growth and 

cohesion in EU border regions’ - COM(2017) 534 final, 20.9.2017. 

19  Regulation  (EU)  2021/1059  of  the  European  Parliament  and  of  the  Council  of  24  June  2021  on  specific 
provisions  for  the  European  territorial  cooperation  goal  (Interreg)  supported  by  the  European  Regional 

EN 

12 

  EN 

 
 
institutional  support  to  cooperation  by  the  European  groupings  of  territorial 
cooperation  (‘EGTCs’)  established  by  Regulation  (EC)  No  1082/2006  of  the 
European  Parliament  and  of  the  Council20  or  by  the  initiative  b-solutions 
launched in 2018 by the Commission21 are sufficient to address the resolution 
of  some  of  the  administrative  and  legal  obstacles  which  hamper  effective 
cooperation. 

(4)  Cross-border  regions  risk  being  disproportionately  affected  at  times  of  crisis. 
During the COVID-19 pandemic, the economic impact for cross-border regions 
of border-related measures taken by Member States was more than double the 
average  impact  on  all  EU  regions.  This  experience  reinforces  the  need  for 
providing means for addressing cross-border obstacles.  

(5)  Even though several legal tools to resolve cross-border obstacles already exist 
at  inter-governmental,  national,  regional,  and  local  level  in  certain  regions  of 
the Union, they do not cover all border regions in the Union or do not address 
necessarily  in  a  consistent  manner  issues  related  to  the  development  and 
strengthening  of  territorial  cohesion.  To  complement  the  existing  tools,  an 
additional tool established by Union law, namely the Cross-Border Facilitation 
Tool is therefore needed.  

(6) 

In  order  to  set  up  the  administrative  structure  to  adequately  address  requests 
concerning cross-border obstacles, each Member State should establish one or 
more cross-border coordination points responsible for receiving and assessing 
applications on cross-border obstacles. They should liaise with the Commission 
and support its role of coordination.  

(7)  Despite  the  fact  that  maritime  border  regions  are  different  in  nature  due  to 
more  limited  possibilities  for  cross-border  interactions  and  the  use  of  cross-
border public services, this Regulation should also apply to maritime borders.  

(8)  At Union level there are several non-judicial tools to monitor and enforce the 
respect  of  Union  law,  in  particular  those  linked  to  the  single  market,  such  as 
SOLVIT22.  This  Regulation  should  not  affect  such  existing  tools.  The 
additional  tool  created  will  only  apply  to  cross-border  obstacles  generated 
under  national  law,  including  the  correct,  but  diverging  application  of  Union 
law  potentially  resulting  in  the  unintentional  hindering  of  the  planning  or 
implementation  of  cross-border  public  services  and  items  of  infrastructure.  It 
should not apply to files involving a potential breach of Union law governing 
the  internal  market  by  a  public  authority  in  another  Member  State.  This 
the  coordination  mechanisms 
Regulation 
established for social security and taxation.  

is  also  without  prejudice 

to 

Development  Fund  and  external  financing 
http://data.europa.eu/eli/reg/2021/1059/oj). 

instruments  (OJ  L  231,  30.6.2021,  p.  94,  ELI: 

20  Regulation  (EC)  No  1082/2006  of  the  European  Parliament  and  of  the  Council  of  5  July  2006  on  a 
territorial  cooperation  (EGTC)  (OJ  L  210,  31.7.2006,  p.  19  -  ELI: 

European  grouping  of 
http://data.europa.eu/eli/reg/2006/1082/oj). 

21  Communication from the Commission to the Council and the European Parliament  ‘Boosting growth and 

cohesion in EU border regions’ - COM(2017) 534 final, 20.9.2017. 

22  Commission  Recommendation  2013/461/EU  of  17  September  2013  (OJ  L  249,  19.9.2013,  p.  10,  ELI: 

http://data.europa.eu/eli/reco/2013/461/oj). 

EN 

13 

  EN 

 
(9) 

In  order  to  identify  possible  cross-border  obstacles  that  could  be  covered  by 
this Regulation, it is necessary to define the situations which qualify as cross-
border interactions. To that end, this Regulation should apply to infrastructure 
for cross-border activities and to cross-border public services. Being provided 
on  a  long-term  basis,  those  ‘cross-border  public  services’  should  aim  to 
generate benefits for the general public or a specific target group in the border 
region  in  which  the  service  is  provided,  thereby  improving  living  conditions 
and territorial cohesion in those regions. Second, items of infrastructure needed 
for  cross-border  activities  may  be  impacted  by  border  obstacles,  such  as 
different  technical  standards  for  buildings  or  vehicles,  including  for  related 
equipment.  A  cross-border  file  should  be  submitted  by  an  initiator,  that  is  a 
public law or private law  entity  or  a natural  person only  and insofar  as  he or 
she has a legitimate interest in a cross-border public service or certain items of 
infrastructure.   

(10)  In  order  to  establish  the  adequate  administrative  capacity  at  national  level  to 
deal with the cross-border obstacle applications and to provide for a network of 
national  bodies  able  to  liaise  with  each  other  for  the  implementation  of  this 
Regulation,  Member  States  should  set  up  one  or  more  cross-border 
coordination  points  at  national  or  regional  level.  Two  or  more  neighbouring 
Member States  should also  be allowed to  identify existing  joint  bodies as the 
cross-border coordination point on a given border or empower an existing joint 
authority  or  body  with  the  additional  tasks  of  the  cross-border  coordination 
point for all their borders.  

(11)  In  order  to  establish  a  framework  for  the  treatment  of  cross-border  obstacle 
applications common to all cross-border coordination points, it is necessary to 
define the  tasks which  each  cross-border coordination point  should  carry  out. 
Cross-border  coordination  points  should  act  as  ‘one-stop  shops’  for  the 
initiators  and  should  be  their  privileged  contact  point.  Member  States  should 
ensure that contact information for cross-border coordination points is publicly 
available  and  ensure  its  visibility  and  accessibility.  Where  there  is  more  than 
one  cross-border  coordination  point  in  a  Member  State,  they  shall  clearly 
identify a single contact point for each initiator. In order to allow for a follow-
up of the outcome of cross-border applications and to increase transparency on 
the solution of cross-border obstacles, cross-border coordination points should 
also be responsible for setting up and maintaining a public register covering all 
cross-border  files  submitted  by  initiators  located  in  that  Member  State. 
Moreover, it is necessary that this Regulation sets out obligations with regard 
to coordination, cooperation and exchange of information between the different 
cross-border coordination points in one Member State and between the  cross-
border coordination points of neighbouring Member States. 

(12)  A  given  initiator  should  submit  its  cross-border  file  only  once.  However,  in 
case  a  different  initiator  in  another  Member  State  also  submits  a  mirroring 
cross-border  file  in  that  other  Member  State,  the  cross-border  coordination 
points  of  those  Member  States  should  avoid  parallel  files  by  organising  their 
coordination accordingly.  

(13)  The  different  layers  of  the  applicable  national  law  may  make  it  difficult  to 
identify the specific provision which constitutes a  cross-border obstacle. Also 
based  on  the  experience  with  b-solutions,  the  initiator  should  therefore  only 
describe the situation and the problem to be resolved. 

EN 

14 

  EN 

(14)   In order to provide for a procedural framework granting at the same time legal 
certainty  to  the  initiator  of  a  cross-border  file,  the  cross-border  coordination 
point should assess cross-border files and a preliminary and a final reply should 
be given to the initiator within reasonable deadlines, which should in principle 
be those established in national law. Where the initiator has not identified the 
cross-border  obstacles,  the  competent  authorities  or  public-law  bodies  should 
do so. The analysis of a cross-border file could conclude that there is actually 
no  cross-border  obstacle,  because  the  description  of  the  alleged  obstacle  is 
based on insufficient  information, on misinterpretation  of the applicable legal 
or  administrative  provisions,  or  because  legal  or  administrative  provisions 
already cover the necessary requirements to address the obstacle. In that case, the 
cross-border obstacle should be considered as resolved and the cross-border file 
should  be  closed.  Once  the  existence  of  a  cross-border  obstacle  is  confirmed, 
Member States should remain free to decide what would be the appropriate tool 
to  address  the  situation  among  those  available  in  the  cross-border  region 
concerned, relying in the first instance on already existing mechanisms, where 
appropriate,  to  resolve  the  obstacle.  Where  Member  States  decide  not  to 
resolve  cross-border  obstacles,  they  should  duly  provide  the  reasons  and 
indicate  possible  options  of  legal  redress,  in  particular,  where  the  Member 
State concludes that the obstacle identified does not fall within the scope of this 
Regulation. 

(15)  Where  the  competent  authority  has  not  found  an  existing  appropriate  tool  it 
may  select  the  Cross-Border  Facilitation  Tool  or  set  out  the  reasons  why  it 
decides  not  to  resolve  the  cross-border  obstacle.  As  the  outcome  of  the 
procedure might slightly differ depending on the nature of the  possible cross-
border legal obstacle, administrative or legislative, it is necessary to provide for 
such particularities under the Cross-Border Facilitation Tool.  

(16)  In order to provide an effective procedural structure to deal with cross-border 
obstacles  files,  this  Regulation  should  set  out  the  essential  procedural  steps, 
both  for  files  where  the  obstacle  is  of  an  administrative  and  where  it  is  of  a 
legislative nature. It should also be clarified that the different legal systems in 
neighbouring  Member  States  may  result  in  the  cross-border  obstacles 
qualifying  as  administrative  provision  in  one  Member  State,  but  as  legal 
provision  in  the  other  and  vice-versa.  Each  Member  State  should  therefore 
apply 
the  appropriate  procedure.  Neighbouring  Member  States  should 
coordinate  their  respective  procedures  as  close  as  possible.  Where  a  final 
position is taken on a file, the reasons thereof should be communicated to the 
initiator together with the decision.  

(17)  In order to ensure the monitoring of the application of this Regulation at Union 
level  and  to  provide  support  to  Member  States,  also  in  terms  of  capacity 
building,  the  Commission  should  be  entrusted  with  the  relevant  tasks  to 
achieve  those  goals.  The  coordination  point  at  EU  level  should,  in  particular, 
support  the  cross-border  coordination  points  by  promoting  the  exchange  of 
experiences between those coordination points. That support may also consist 
in technical assistance-based tools like b-solutions. 

(18)  In  order  to  allow  for  evidence-based  policymaking,  there  should  be  reporting 
on the implementation of this Regulation. That report should address the main 
evaluation  questions  including  effectiveness,  efficiency,  relevance,  European 
added  value,  scope  for  simplification  and  sustainability  and  necessity  for 

EN 

15 

  EN 

further action at Union level. The Commission should submit that report to the 
European Parliament, the Council and, pursuant to Article 307, first paragraph 
of  the  Treaty,  to  the  Committee  of  the  Regions  and  the  European  Economic 
and Social Committee. In order to ensure a broad evidence base for the use of 
this Regulation and of the Cross-Border Facilitation Tool, the report should be 
submitted five years after the entry into force of this Regulation. 

(19)  This  Regulation  respects  the  fundamental  rights,  observes  the  principles 
recognised by the Charter of  Fundamental  Rights of the European Union and 
has no negative impact on any Fundamental Right. Due to its aim of removing 
legal obstacles in a cross-border context, the Regulation may foster the right to 
access to services of general economic interest (Article 36) and the freedom to 
conduct business (Article 16). The wide range of that kind of services may also 
foster the access to health care (Article 35). In a more general way, as it seems 
very  likely  that  cross-border  public  transport  services  will  benefit  from  the 
Cross-Border  Facilitation  Tool,  the  freedom  of  movement  and  of  residence 
(Article 45) may be positively impacted by this Regulation.   

(20)  The conditions for territorial cooperation should be created in accordance with 
the  subsidiarity  principle  enshrined  in  Article  5(3)  of  the  Treaty  on  the 
European  Union.  Experience  shows  that  Member  States  have  undertaken 
individual, bilateral or even multilateral initiatives to resolve legal cross-border 
obstacles. However, those tools do not exist in all Member States or not for all 
borders  of  a  given  Member  State.  The  objectives  of  the  proposed  action  can 
consequently  not  be  sufficiently  achieved  by  the  Member  States,  either  at 
central level or at regional and local level, but can rather, due to the necessary 
involvement of at least two neighbouring Member States, be better achieved at 
Union level. Further action by the Union legislator is therefore needed.  

(21)  In accordance with the principle of proportionality, as set out in Article 5(4) of 
the Treaty on the European Union, the content and form of Union action should 
not exceed what is necessary to achieve the objectives of the Treaties. The use 
of the Cross-Border Facilitation Tool under this Regulation is optional for each 
Member State. A Member State should decide, on a specific border with one or 
more  neighbouring  Member  States,  to  resolve  cross-border  obstacles  through 
existing tools it has set up at national level or with one or more neighbouring 
Member  States.  This  Regulation  does  therefore  not  go  beyond  what  is 
necessary in order to achieve its objectives for those cross-border regions, for 
which Member States have no efficient tool to resolve cross-border obstacles in 
place.” 

(3) 

Articles 1 to 26 are replaced by the following: 

“CHAPTER I 
General provisions 

Article 1 
Subject matter 

1. 

This  Regulation  establishes  a  procedure  to  facilitate  the  resolution  of  cross-border 
obstacles that hamper the establishment and functioning of any item of infrastructure 
necessary for public or  private cross-border  activities  or of  any cross-border public 
service  provided  in  a  given  cross-border  region  and  provided  it  fosters  economic, 

EN 

16 

  EN 

social  and  territorial  cohesion  in  the  cross-border  region  (the  ‘Cross-Border 
Facilitation Tool’). 

2. 

This Regulation also lays down rules on: 

(a) 

the  organisation  and  tasks  of  cross-border  coordination  points  in  the 
Member States;  

(b) 

the coordinating tasks of the Commission. 

Article 2 
Scope 

1. 

2. 

This Regulation applies to cross-border obstacles in land or maritime border regions 
of neighbouring Member States. 

It  shall  not  apply  to  cross-border  obstacles  in  border  regions  between  Member 
States and third countries. 

This  Regulation  shall  not  affect  any  other  Union  legal  acts,  in  particular  those 
applicable  to  the  non-judicial  resolution  of  legal  issues  arising  from  cross-border 
obstacles and to the correct interpretation or implementation of Union law. It shall be 
without prejudice to the coordination mechanisms established for social security and 
taxation. 

Article 3 
Definitions 

1. 

For the purpose of this Regulation, the following definitions shall apply: 

(1) 

‘cross-border interaction’ means:  

(a) 

(b) 

any  item  of  infrastructure  necessary  for  public  or  private  cross-border 
activities;  

the  establishment,  the  functioning  or  the  provision  of  any  cross-border 
public service in a cross-border region;  

‘cross-border  obstacle’  means  any  legislative  or  administrative  provision  or 
practice  by  a  public  authority  in  a  Member  State  that  potentially  negatively 
affects  a  cross-border  interaction  and  thus  the  development  of  a  cross-border 
region and which does not involve a potential breach of Union law governing 
the internal market; 

‘competent authority’ means a body at national, regional or local level that has 
the power to adopt legally binding and enforceable acts; 

‘cross-border file’ means the document prepared by one or more initiators to be 
submitted to a cross-border coordination point; 

‘cross-border public service’ means an activity carried out in the public interest 
to  provide  a  service,  or  address  joint  problems  or  development  potentials  of 
border regions located on different sides of one or more neighbouring Member 
States’ borders, provided it fosters economic, social and territorial cohesion in 
the cross-border territory; 

(2) 

(3) 

(4) 

(5) 

(6) 

‘initiator’  means  any  private  or  public  entity  involved  in  the  provision, 
operation,  establishment  or  functioning  of  any  cross-border  public  service  or 

EN 

17 

  EN 

2. 

3. 

1. 

2. 

infrastructure  or  any  natural  person  having  a  legitimate  interest  in  the 
resolution of a cross-border obstacle.  

For  the  purpose  of  this  Regulation,  the  reference  to  ‘the  competent  authority’  shall 
also  cover  situations  where  more  than  one  competent  authority  within  the  same 
Member State is competent or has to be consulted.  

For the purpose of this Regulation, the term ‘cross-border obstacle’ shall cover one 
or more cross-border obstacles linked to a cross-border file. 

CHAPTER II 
Cross-border coordination points 

Article 4 
Setting-up of cross-border coordination points 

Each Member State shall  establish one or more  cross-border  coordination  points  in 
accordance with its institutional and legal framework, at national or regional level or 
both, in accordance with paragraph 3. 

Two  or  more  neighbouring  Member  States  may  decide  to  establish  a  joint  cross-
border coordination point competent for one or more of the respective  cross-border 
regions. 

3. 

Each cross-border coordination point shall be set up in one of the following ways: 

(a) 

(b) 

as a separate authority or public law body;  

as  part  of  an  existing  authority  or  of  an  existing  public  law  body, 
including by entrusting an existing authority or public law body with the 
additional tasks of the cross-border coordination point. 

Member  States  shall  ensure  that,  within  two  months  after  the  decision  establishing 
the cross-border coordination point, its contact details and information relating to its 
tasks are available on the website of Interreg programmes referred to in Article 36(2) 
of  Regulation  (EU)  2021/1059.  Member  States  shall  ensure  visibility  and 
accessibility of the cross-border coordination point.  

Article 5 
Main tasks of the cross-border coordination points 

Member States shall define, either individually in the case referred to in Article 4(1) 
or  jointly  in  the  case  referred  to  in  Article  4(2),  the  tasks  that  each  cross-border 
coordination  point  shall  carry  out  and  the  tasks  which  shall  be  conferred  to  the 
competent authority. 

Member States shall decide whether cross-border coordination points can act upon a 
cross-border  file  on  their  own  behalf  or  whether  they  are  only  responsible  for 
communicating with initiators on behalf of the competent authority. 

The  cross-border  coordination  point  shall  constitute  the  only  contact  point  of  the 
initiator,  depending  on  the  organisation  of  the  contact  points  put  in  place  by  the 
Member States, in the following way: 

4. 

1. 

2. 

3. 

EN 

18 

  EN 

(a) 

(b) 

each  national  cross-border  coordination  point  for  all  cross-border  files 
submitted by an initiator located in the territory of the respective Member 
State;  

each  regional  cross-border  coordination  point  for  cross-border  files 
submitted  by  an  initiator  located  in  the  border  region  or  regions  of  the 
respective Member State;  

(c) 

joint  cross-border  coordination  point  for  cross-border  files 

each 
submitted by an initiator located in one of the border regions concerned. 

4. 

In  addition  to  their  tasks  referred  to  in  Articles  8,  10  and  11,  cross-border 
coordination points shall carry out the following tasks: 

(a) 

(b) 

setting  up  and  maintaining  a  public  register  covering  all  cross-border 
files submitted by initiators located in that Member State;  

the  Commission  and  supporting 

liaising  with 
the  Commission’s 
coordination  tasks  referred  to  in  Article  12,  by  providing  the  necessary 
information, including the NUTS classification for each file. 

Where several cross-border coordination points exist in a Member State, one cross-
border coordination (‘the main cross-border coordination point’) shall carry out the 
tasks set out in points (a) and (b). 

Member States shall ensure that the register under paragraph 4 remains available to 
the  public  in  open  machine-readable  formats  as  set  out  in  Article  5(1)  of  Directive 
(EU) 2019/1024 of the European Parliament and of the Council23, which allows data 
to  be  sorted,  searched,  extracted,  compared  and  used;  and  is  updated  at  least  three 
times  a  year.  The  cross-border  coordination  point  may  integrate  open  access 
information  or  link  the  register  with  the  single  website  portal  referred  to  in  Article 
46, point (b), of Regulation (EU) 2021/1060, the website referred to in Article 49(1) 
of  that  Regulation,  or  the  website  referred  to  in  Article  36(2)  of  Regulation  (EU) 
2021/1059. 

In  a  Member  State  with  more  than  one  cross-border  coordination  point,  the  cross-
border coordination points shall transmit the necessary information to the main cross-
border  coordination  point  in  order  to  enable  it  to  implement  its  tasks  under 
paragraphs 4 and 5. 

Where two or more neighbouring Member States have decided to set up a joint cross-
border coordination point, that point shall transmit the necessary information to the 
main cross-border coordination points, if any, of the respective Member States. 

CHAPTER III 
Cross-border files 

Article 6 
Preparation and submission of cross-border files 

The initiator shall prepare a cross-border file in accordance with Article 7. 

Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data 
(OJ  L  172,  26.6.2019,  p.  56,  ELI : 
re-use  of  public 
and 
http ://data.europa.eu/eli/dir/2019/1024/oj). 

information 

sector 

the 

5. 

6. 

7. 

1. 

23 

EN 

19 

  EN 

 
2. 

3. 

The initiator shall submit the cross-border file to the cross-border coordination point 
of the Member State where the initiator is located or has its registered office. 

Where  cross-border  files  on  the  same  cross-border  obstacle  are  initiated  in  two  or 
more neighbouring Member States, their respective coordination cross-border points 
shall liaise with each other to clear which of one will deal primarily with the file. 

Article 7 
Content of cross-border files 

1. 

The cross-border file shall include at least the following elements: 

(a) 

a description of the cross-border interaction, its context and the problem 
arising from a cross-border obstacle which should be resolved;  

(b) 

a justification for the need to resolve the cross-border obstacle;  

(c)  where available, a description of the negative impact of the cross-border 

obstacle on the development of the border region;  

(d) 

the geographical area concerned;  

(e)  where  available  and  relevant,  the  expected  necessary  duration  of  the 
application of a derogation from or exception to the cross-border obstacle 
or, where duly justified, its removal.  

The initiator may also identify the cross-border obstacle and, if possible, suggest the 
text for a derogation from or exception to the cross-border obstacle or for an ad hoc 
legal resolution. 

The  geographical  area  referred  to  in  paragraph  1,  point  (d),  shall  be  limited  to  the 
minimum necessary for the effective resolution of a cross-border file. 

Article 8 
Preliminary assessment steps 

The  cross-border  coordination  point  or  the  competent  authority  shall  assess  each 
cross-border  file  submitted  in  accordance  with  Articles  6  and  7  and  identify  the 
cross-border obstacle or cross-border obstacles. 

Within  a  deadline  of  two  months  from  the  submission  of  the  file,  the  cross-border 
coordination point or the competent authority may request the initiator to clarify the 
cross-border file or to submit additional specific information. Such a request shall set 
out why and in which aspect the cross-border file is not considered sufficient to be 
examined. 

If the revised cross-border file  does  not  address  the aspects  considered insufficient, 
the  cross-border  coordination  point  or  the  competent  authority  may  end  the 
procedure and shall inform the initiator accordingly setting out the reasons.  

Where after assessing a cross-border file, the cross-border coordination point or the 
competent  authority  concludes  that  an  alleged  cross-border  obstacle  does  not  exist, 
the  cross-border  coordination  point  may  end  the  procedure  and  shall  inform  the 
initiator accordingly setting out the reasons. 

Where after assessing a cross-border file, the cross-border coordination point or the 
competent authority concludes that the alleged cross-border obstacle exists, it may at 

2. 

3. 

1. 

2. 

3. 

4. 

EN 

20 

  EN 

5. 

6. 

1. 

2. 

any  step  of  the  procedure  choose  not  to  resolve  it  and  shall  inform  the  initiator 
accordingly setting out the reasons.  

Before  concluding  the  assessment,  the  cross-border  coordination  point  or  the 
competent  authority  shall  further  assess  whether  for  each  alleged  cross-border 
obstacle, it is possible to rely on an existing international cooperation agreement in 
force, be it bilateral or multilateral, multi sectoral or sector specific providing an own 
mechanism for the resolution of  cross-border obstacles between the Member States 
concerned  by  that  obstacle  or  those  obstacles.  In  the  event  such  an  international 
agreement exists, the resolution of one or more cross-border obstacles, including the 
actors  involved  and  the  procedure  to  be  followed,  in  particular,  for  liaising  and 
cooperating with  the neighbouring Member State, shall be governed  exclusively  by 
the provisions of that agreement. 

Where the Member State chooses to resolve the obstacle and  in the absence of any 
international agreement of the kind mentioned in paragraph 5, or where the available 
international agreements do not seem to satisfactorily contribute to the resolution of 
the obstacle set out in the cross-border file, the cross-border coordination point or the 
competent  authority  may  apply 
the  Cross-Border  Facilitation  Tool,  either 
individually or, if necessary and agreed, jointly with the neighbouring Member State. 

Article 9 
Information to the initiator  

After the receipt of a cross-border file or a revised cross-border file, the cross-border 
cooperation point or the competent  authority shall inform  the initiator in writing  of 
any  preliminary  assessment  step  taken  in  accordance  with  Article  8,  within  the 
standard deadline provided for in the national legislation for replies to an equivalent 
request submitted to the administration.  

Where  no  such  deadline  is  provided  for  in  the  national  legislation,  the  following 
deadlines shall apply:  

(a) 

(b) 

three  months  for  the  preliminary  assessment  steps  referred  to  in  Article 
8(2), second subparagraph;  

six months for the preliminary assessment steps referred to in Article 8(3) 
and (4). 

3. 

The information provided under paragraph 1 shall also indicate:  

(a) 

(b) 

the preliminary assessment steps that have been taken, their justification 
and conclusions, if already available;   

the  ways  and  procedures  of  legal  redress  provided  for  in  the  national 
legislation against those preliminary assessment steps, if any. 

4. 

The  first  contact  with  the  initiator  under  Article  8(2),  first  subparagraph,  may  also 
state  that  more  time  is  needed  for  legal  analysis  or  for  consultations  inside  the 
Member State or for coordination with the neighbouring Member State. 

EN 

21 

  EN 

 
 
CHAPTER IV 
The Cross-Border Facilitation Tool 

Article 10 
Procedure 

1. 

2. 

3. 

Where  the  cross-border  coordination  point  or  the  competent  authority  has  decided 
pursuant to Article 8(6) to apply the Cross-Border Facilitation Tool, it shall apply the 
procedure provided for in this Article.  

After  the  cross-border  coordination  point  or  the  competent  authority  has  identified 
the  cross-border  obstacle  in  its  national  legal  system,  it  shall  inform  the  initiator 
about: 

(a) 

(b) 

(c) 

the cross-border obstacle identified;  

the  nature  of  the  provision  at  the  origin  of  the  cross-border  obstacle 
which would need to be amended to solve the obstacle; 

the next steps leading to the removal or not of the cross-border obstacle 
and  which  of  the  procedures  under  paragraphs  4  or  5  of  this  Article 
should apply. 

After the assessment of the cross-border file and the identification of the cross-border 
obstacle,  the  competent  cross-border  coordination  point  shall  exchange  relevant 
information  concerning  the  cross-border  obstacle  with  the  competent  cross-border 
coordination point in the neighbouring Member State. The cross-border coordination 
points shall endeavour to avoid parallel procedures concerning the same cross-border 
obstacle. 

4.5.  Where the cross-border  obstacle consists in  an  administrative provision or practice, 
not  requiring  the  change  of  a  legal  provision,  the  cross-border  coordination  point 
shall contact the competent authority responsible for the administrative provision to 
check whether an amendment of that administrative provision or practice is sufficient 
to resolve the cross-border obstacle and whether the authority is willing to change it 
accordingly. The initiator shall be informed in writing within eight months as of the 
submission of the cross-border file. 

5.6.  Where  the  cross-border  obstacle  consists  in  a  legal  provision,  the  cross-border 
coordination  point  shall  contact  the  competent  authority  to  check  whether  an 
amendment,  including  an  exception  to  or  a  derogation  from  the  applicable  legal 
provision  would  resolve  the  cross-border  obstacle  and  whether  the  competent 
authority will take the necessary steps to trigger a legislative procedure in accordance 
with the institutional and legal framework. The initiator shall be informed in writing 
within eight months as of the submission of the cross-border file. 

6. 

7. 

Where a cross-border file has been submitted to the cross-border coordination point 
of  two  or  more  neighbouring  Member  States,  each  shall  decide  on  the  type  of 
procedure to follow in its Member State. 

Where a legal analysis, consultations inside the Member State, coordination with the 
neighbouring Member State, or the competent authority of the neighbouring Member 
State is triggering a change of an administrative provision or launching a legislative 
procedure prevents the cross-border coordination point to reply to the initiator within 

EN 

22 

  EN 

eight  months  pursuant  to  paragraphs  4  and  5,  the  initiator  shall  be  informed  in 
writing of the reason for the delay and timeline of the reply. 

Article 11 
Final steps to solve the cross-border obstacle  

1. 

The cross-border coordination point or the competent authority shall, on the basis of 
its  assessment  carried  out  pursuant  to  Article  8  and  in  accordance  with  the 
information  received  under  Article  10(3),  inform  the  initiator  in  writing  about  the 
outcome of the file, namely: 

(a) 

(b) 

the  outcome  of  a  procedure  under  Article  10(4),  including  where 
relevant, the amendment of any administrative provision;  

the outcome of a procedure under Article 10(5) including where relevant, 
the  launch  of  a  legislative  procedure  or  the  amendment  of  any  legal 
provision;  

(c) 

that the cross-border obstacle will not be addressed; 

(d) 

the reasons underpinning the position adopted under points (a), (b) or (c);  

(e) 

the deadline for legal redress under national law if any. In the absence of 
any deadline under national law, the initiator shall be granted six months 
to request a review of the decision. 

2. 

Where the cross-border coordination point or the competent authority has decided to 
solve  the  cross-border  obstacle  by  way  of  the  procedure  provided  for  in  Article 
10(5), it shall: 

(a) 

(b) 

inform the cross-border coordination point of the neighbouring Member 
State; 

inform the initiator of the most important steps of the amendment of the 
legal  provision,  including  where  relevant,  of  the  legislative  procedure 
launched to proceed to a legislative amendment solving the cross-border 
obstacle or the final decision dismissing the procedure.  

3. 

The  initiator  should  equally  be  informed  where  the  competent  authorities  of  the 
neighbouring Member State have also launched the amendment of a legal provision.  

Where  the  Member  State  concerned  and  the  neighbouring  Member  State  conclude 
that  each  of  them  is  willing  to  launch  an  own  legislative  procedure  or  a  change  in 
their administrative provisions or practices, they shall do so in close coordination, in 
accordance with their respective institutional and legal framework. That coordination 
may cover the timing of the procedures and may lead to the establishment of a joint 
committee with representatives of the cross-border coordination points. 

CHAPTER V 
Final provisions 

Article 12 
Coordination tasks of the Commission 

The Commission shall fulfil the following coordination tasks: 

(a) 

liaise with the cross-border coordination points;  

EN 

23 

  EN 

(b) 

(c) 

(d) 

support the enhancement of the institutional capacity in Member States necessary to 
implement this Regulation efficiently;  

promote  the  exchange  of  experience  between  Member  States  and  in  particular 
between the cross-border coordination points;  

publish  and  keep  an  updated  list  of  all  national  and  regional  cross-border 
coordination points;  

(e) 

set up and maintain a public register of cross-border files. 

Article 13 
Monitoring and reporting 

1. 

2. 

By  dd mm yyyy  [i.e.  the  1st  of  the  month  following  the  entry  into  force  of  this 
Regulation  +  six  months;  to  be  filled  in  by  the  Publication  Office],  each  Member 
State  shall  inform  the  Commission  of  the  establishment  of  its  cross-border 
coordination point or points and about the contact data thereof. 
By  dd  mm  yyyy  [i.e.  the  1st  of  the  month  following  the  entry  into  force  of  this 
Regulation  + five years; to  be filled in  by the Publication Office], the Commission 
shall  carry  out  an  evaluation  of  the  present  Regulation  and  report  to  the  European 
Parliament, the Council, the Committee of the Regions and the European Economic 
and Social Committee. 

Article 14 
Entry into force and application 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union.” 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Strasbourg, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

24 

  EN