CELEX: 32006R1931
Language: en
Date: 2006-12-20 00:00:00
Title: 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

30.12.2006        EN              Official Journal of the European Union                    L 405/1
                                                      I
                               (Acts whose publication is obligatory)
           REGULATION (EC) No 1931/2006 OF THE EUROPEAN PARLIAMENT
                                    AND OF THE COUNCIL
                                        of 20 December 2006
               laying down rules on local border traffic at the external land borders
         of the Member States and amending the provisions of the Schengen Convention
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 62(2)(a) thereof,
Having regard to the proposal from the Commission,
Acting in accordance with the procedure laid down in Article 251 of the Treaty1,
1
        Opinion of the European Parliament of 14 February 2006 (not yet published in the Official
        Journal) and Council Decision of 5 October 2006.
 ---pagebreak--- L 405/2            EN                 Official Journal of the European Union                 30.12.2006
Whereas:
(1)      The need to develop rules on local border traffic in order to consolidate the Community
         legal framework on external borders was highlighted in the Commission Communication
         entitled "Towards an integrated management of the external borders of the Member States
         of the European Union". This need was confirmed by the Council on 13 June 2002, with
         the approval of the "Plan for the management of the external borders of the Member States
         of the European Union", subsequently endorsed by the European Council in Seville on 21
         and 22 June 2002.
(2)      It is in the interest of the enlarged Community to ensure that the borders with its
         neighbours are not a barrier to trade, social and cultural interchange or regional
         cooperation. An efficient system for local border traffic should consequently be developed.
(3)      The local border traffic regime constitutes a derogation from the general rules governing
         the border control of persons crossing the external borders of the Member States of the
         European Union which are set out in Regulation (EC) No 562/2006 of the European
         Parliament and of the Council of 15 March 2006 establishing a Community Code on the
         rules governing the movement of persons across borders (Schengen Borders Code)1.
1
        OJ L 105, 13.4.2006, p. 1.
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(4)       The Community should lay down criteria and conditions to be complied with when the
         crossing of an external land border under the local border traffic regime is being eased for
         border residents. Such criteria and conditions should ensure a balance between, on the one
         hand, the easing of border crossing for bona fide border residents having legitimate reasons
         frequently to cross an external land border and, on the other hand, the need to prevent
         illegal immigration and potential threats to security posed by criminal activities.
(5)      As a general rule, in order to prevent abuses, local border traffic permits should be issued
         only to those who have been lawfully resident in a border area for at least one year.
         Bilateral Agreements concluded between Member States and neighbouring third countries
         may provide for a longer period of residence. In exceptional and duly justified cases, such
         as those relating to minors, changes in marital status or inheritance of land, those bilateral
         Agreements may also provide for a shorter period of residence.
(6)       Local border traffic permits should be issued to border residents whether or not they are
         subject to a visa requirement pursuant to Council Regulation (EC) No 539/2001 of
         15 March 2001 listing the third countries whose nationals must be in possession of visas
         when crossing the external borders and those whose nationals are exempt from that
         requirement1. As a result, this Regulation should be read together with Council
         Regulation (EC) No 1932/2006 of 21 December 2006 amending Regulation (EC)
         No 539/20012, which is designed to exempt from the visa obligation border residents who
         benefit from the local border traffic regime established by this Regulation. As a
         consequence, this Regulation may enter into force only in conjunction with that amending
         Regulation.
1
        OJ L 81, 21.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 851/2005
        (OJ L 141, 4.6.2005, p. 3).
2
        See in this Official Journal.
 ---pagebreak--- L 405/4         EN                Official Journal of the European Union                     30.12.2006
(7)     The Community should lay down specific criteria and conditions for the issuing of local
        border traffic permits to border residents. Those criteria and conditions should be
        consistent with the entry conditions imposed on border residents crossing an external land
        border under the local border traffic regime.
(8)     The right to free movement enjoyed by citizens of the Union and members of their families
        and the equivalent rights enjoyed by third-country nationals and members of their families
        under Agreements between the Community and its Member States, on the one hand, and
        the third countries concerned, on the other hand, should not be affected by the
        establishment of rules on local border traffic at Community level. However, where border
        crossing is eased under the local border traffic regime for border residents, and this entails
        less systematic control, border crossing should, as a matter of course, be eased for any
        person enjoying the Community right of free movement residing in the border area
        concerned.
(9)     For the implementation of the local border traffic regime, Member States should be
        allowed to maintain or conclude, if necessary, bilateral Agreements with neighbouring
        third countries, provided that such Agreements comply with the rules laid down in this
        Regulation.
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(10)      This Regulation does not affect the specific arrangements applied in Ceuta and Melilla, as
         referred to in the Declaration by the Kingdom of Spain on the towns of Ceuta and Melilla
         in the Final Act to the Agreement on the Accession of the Kingdom of Spain to the
         Convention implementing the Schengen Agreement of 14 June 1985 between the
         Governments of the States of the Benelux Economic Union, the Federal Republic of
         Germany and the French Republic on the gradual abolition of checks at their common
         borders signed at Schengen on 19 June 19901.
(11)      Penalties, as provided for in national law, should be imposed by Member States on border
         residents who abuse the local border traffic regime established by this Regulation.
(12)      The Commission should submit a report to the European Parliament and to the Council on
         the application of this Regulation. The report should be accompanied, where necessary, by
         legislative proposals.
(13)     This Regulation respects the fundamental rights and freedoms and observes the principles
         recognised in particular by the Charter of Fundamental Rights of the European Union.
(14)     Since the objective of this Regulation, namely the laying down of the criteria and
         conditions for the establishment of a local border traffic regime at external land borders,
         directly affects the Community acquis on external borders and cannot thus be achieved
         sufficiently by the Member States and can therefore, by reason of the scale and effects of
         this Regulation, be better achieved at Community level, the Community may adopt
         measures, in accordance with the principle of subsidiarity as set out in Article 5 of the
         Treaty establishing the European Community. In accordance with the principle of
         proportionality, as set out in that Article, this Regulation does not go beyond what is
         necessary in order to achieve that objective.
1
        OJ L 239, 22.9.2000, p. 69.
 ---pagebreak--- L 405/6            EN                Official Journal of the European Union                  30.12.2006
(15)     In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to
         the Treaty on European Union and to the Treaty establishing the European Community,
         Denmark is not taking part in the adoption of this Regulation, and is not bound by it or
         subject to its application. Given that this Regulation builds upon the Schengen acquis
         under the provisions of Title IV of Part Three of the Treaty establishing the European
         Community, Denmark shall, in accordance with Article 5 of that Protocol, decide within a
         period of six months after the date of adoption of this Regulation whether it will implement
         it in its national law.
(16)     As regards Iceland and Norway, this Regulation constitutes a development of provisions of
         the Schengen acquis within the meaning of the Agreement concluded by the Council of the
         European Union and the Republic of Iceland and the Kingdom of Norway concerning the
         latters' association with the implementation, application and development of the
         Schengen acquis1, which fall within the area referred to in Article 1, point A, of
         Council Decision 1999/437/EC of 17 May 19992 on certain arrangements for the
         application of that Agreement.
(17)     This Regulation constitutes a development of provisions of the Schengen acquis in which
         the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC
         of 29 May 2000 concerning the request of the United Kingdom of Great Britain and
         Northern Ireland to take part in some of the provisions of the Schengen acquis3. The
         United Kingdom is therefore not taking part in its adoption and is not bound by it or
         subject to its application.
1
        OJ L 176, 10.7.1999, p. 36.
2
        OJ L 176, 10.7.1999, p. 31.
3
        OJ L 131, 1.6.2000, p. 43.
 ---pagebreak--- 30.12.2006       EN                 Official Journal of the European Union                      L 405/7
(18)     This Regulation constitutes a development of provisions of the Schengen acquis in which
         Ireland does not take part, in accordance with Council Decision 2002/192/EC of
         28 February 2002 concerning Ireland's request to take part in some of the provisions of the
         Schengen acquis1. Ireland is therefore not taking part in its adoption and is not bound by it
         or subject to its application.
(19)      As regards Switzerland, this Regulation constitutes a development of the provisions of the
         Schengen acquis within the meaning of the Agreement signed between the European
         Union, the European Community and the Swiss Confederation on the Swiss
         Confederation's association with the implementation, application and development of the
         Schengen acquis which fall within the area referred to in Article 1, point A of
         Decision 1999/437/EC read in conjunction with Article 4(1) of Decision 2004/849/EC2 and
         Article 4(1) of Decision 2004/860/EC3.
(20)     Articles 4(b) and 9(c) of this Regulation constitute provisions building on the
         Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the
         2003 Act of Accession,
HAVE ADOPTED THIS REGULATION:
1
        OJ L 64, 7.3.2002, p. 20.
2
        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).
3
        Council Decision 2004/860/EC of 25 October 2004 on the signing, on behalf of the
        European Community, and on the provisional application of certain provisions of the
        Agreement between the European Union, the European Community and the Swiss
        Confederation, concerning the Swiss Confederation's association with the implementation,
        application and development of the Schengen acquis (OJ L 370, 17.12.2004, p. 78).
 ---pagebreak--- L 405/8          EN                Official Journal of the European Union                    30.12.2006
                                              Chapter I
                                      General provisions
                                                 Article 1
                                              Subject matter
1.       This Regulation establishes a local border traffic regime at the external land borders of the
         Member States and introduces for that purpose a local border traffic permit.
2.       This Regulation authorises Member States to conclude or maintain bilateral Agreements
         with neighbouring third countries for the purpose of implementing the local border traffic
         regime established by this Regulation.
                                                 Article 2
                                                   Scope
This Regulation shall not affect the provisions of Community and national law applicable to
third-country nationals relating to:
(a)      long-term stays;
(b)      access to and exercise of economic activity;
(c)      customs and taxation matters.
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                                                   Article 3
                                                  Definitions
For the purposes of this Regulation the following definitions shall apply:
1)        "external land border" means the common land border between a Member State and a
          neighbouring third country;
2)        "border area" means an area that extends no more than 30 kilometres from the border. The
          local administrative districts that are to be considered as the border area shall be specified
          by the States concerned in their bilateral Agreements as referred to in Article 13. If part of
          any such district lies between 30 and 50 kilometres from the border line, it shall
          nevertheless be considered as part of the border area;
3)        "local border traffic" means the regular crossing of an external land border by border
          residents in order to stay in a border area, for example for social, cultural or substantiated
          economic reasons, or for family reasons, for a period not exceeding the time limit laid
          down in this Regulation;
4)        "persons enjoying the Community right of free movement" means:
          (i)   citizens of the Union within the meaning of Article 17(1) of the Treaty establishing
                the European Community, and nationals of third countries who are members of the
                family of a citizen of the Union exercising his or her right of free movement to
                whom Directive 2004/38/EC1 applies;
1
        Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on
        the right of citizens of the Union and their family members to move and reside freely within
        the territory of the Member States (OJ L 158, 30.4.2004, p. 77). Corrected version in
        OJ L 229, 29.6.2004, p. 35.
 ---pagebreak--- L 405/10          EN                 Official Journal of the European Union                   30.12.2006
         (ii)   nationals of third countries and members of their families, whatever their nationality,
                who, under Agreements between the Community and its Member States, on the one
                hand, and those third countries, on the other, enjoy rights to move freely equivalent
                to the right of citizens of the Union;
5)       "third-country national" means any person who is not a citizen of the Union within the
         meaning of Article 17(1) of the Treaty establishing the European Community and who is
         not covered by point 4;
6)       "border residents" means third–country nationals who have been lawfully resident in the
         border area of a country neighbouring a Member State for a period specified in the bilateral
         Agreements referred to in Article 13, which shall be at least one year. In exceptional and
         duly justified cases specified in those bilateral Agreements, a period of residence of less
         than one year may also be considered as appropriate;
7)       "local border traffic permit" means a specific document, as introduced by Chapter III,
         entitling border residents to cross an external land border under the local border traffic
         regime;
8)       "the Schengen Convention" means the Convention implementing the Schengen Agreement
         of 14 June 1985 between the Governments of the States of the Benelux Economic Union,
         the Federal Republic of Germany and the French Republic on the gradual abolition of
         checks at their common borders1.
1
        OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regulation (EC) No 1160/2005
        of the European Parliament and of the Council (OJ L 191, 22.7.2005, p. 18).
 ---pagebreak--- 30.12.2006        EN                Official Journal of the European Union                         L 405/11
                                               Chapter II
                                Local border traffic regime
                                                  Article 4
                                              Entry conditions
Border residents may cross the external land border of a neighbouring Member State under the local
border traffic regime, on condition that they:
(a)      are in possession of a local border traffic permit and, if so required by the relevant bilateral
         Agreement referred to in Article 13, a valid travel document or documents;
(b)       are not persons for whom an alert has been issued in the Schengen Information System
         (SIS) for the purposes of refusing them entry;
(c)       are not considered to be a threat to public policy, internal security, public health or the
         international relations of any of the Member States, and in particular where no alert has
         been issued in Member States' national databases for the purposes of refusing entry on the
         same grounds.
 ---pagebreak--- L 405/12         EN                 Official Journal of the European Union                    30.12.2006
                                                  Article 5
                                   Duration of stay in the border area
The bilateral Agreements referred to in Article 13 shall specify the maximum permissible duration
of each uninterrupted stay under the local border traffic regime, which shall not exceed
three months.
                                                  Article 6
                                           Entry and exit checks
1.       Member States shall carry out entry and exit checks on border residents in order to ensure
         that they fulfil the conditions set out in Article 4.
2.       No entry or exit stamps shall be affixed to the local border traffic permit under the local
         border traffic regime.
3.       Paragraph 1 shall be without prejudice to Article 15.
                                              Chapter III
                                  Local border traffic permit
                                                  Article 7
                               Introduction of a local border traffic permit
1.       A local border traffic permit is hereby introduced.
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2.       The territorial validity of the local border traffic permit shall be limited to the border area
         of the issuing Member State.
3.        The local border traffic permit shall bear a photograph of the holder of the permit and shall
         contain at least the following information:
         (a)    the forename(s), surname(s), date of birth, nationality and place of residence of the
                holder of the permit;
         (b)    the issuing authority, date of issue and period of validity;
         (c)    the border area within which the holder of the permit is authorised to move;
         (d)    the number(s) of the valid travel document or documents, as referred to in
                Article 9(a), entitling its holder to cross the external borders.
         It shall clearly state that its holder is not authorised to move outside the border area and
         that any abuse shall be subject to penalties as provided for in Article 17.
                                                    Article 8
            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
         nationals1.
1
        OJ L 157, 15.6.2002, p. 1.
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2.       Member States shall forward to the Commission and to the other Member States a
         specimen of the local border traffic permit drawn up in accordance with paragraph 1.
                                                  Article 9
                                             Issuing conditions
Local border traffic permits may be issued to border residents who:
(a)      are in possession of a valid travel document or documents, as referred to in Article 17(3)(a)
         of the Schengen Convention, entitling them to cross the external borders;
(b)      produce documents proving their status as border residents and proving the existence of
         legitimate reasons frequently to cross an external land border under the local border traffic
         regime;
(c)      are not persons for whom an alert has been issued in the SIS for the purposes of refusing
         them entry;
(d)      are not considered to be a threat to public policy, internal security, public health or the
         international relations of any of the Member States, and in particular where no alert has
         been issued in Member States' national databases for the purposes of refusing entry on the
         same grounds.
                                                  Article 10
                                                   Validity
The local border traffic permit shall be valid for a minimum of one year and a maximum of
five years.
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                                                  Article 11
                                                 Issuing fees
The fees corresponding to the administrative costs of processing applications for the local border
traffic permit shall not exceed the fees charged for processing applications for short-term
multiple-entry visas.
The local border traffic permit may be issued free of charge.
                                                  Article 12
                                           Issuing arrangements
1.        The local border traffic permit may be issued by either a consulate or any administrative
          authority of a Member State designated in the bilateral Agreements referred to in
          Article 13.
2.        Member States shall keep a central register of local border traffic permits applied for,
          issued, extended and cancelled or revoked and shall designate a national contact point
          responsible for providing without delay, upon request from other Member States,
          information on the permits entered in that register.
 ---pagebreak--- L 405/16          EN               Official Journal of the European Union                  30.12.2006
                                             Chapter IV
                Implementation of the local border traffic regime
                                                 Article 13
           Bilateral Agreements between Member States and neighbouring third countries
1.       For the purposes of implementing the local border traffic regime, Member States shall be
         authorised to conclude bilateral Agreements with neighbouring third countries in
         accordance with the rules set out in this Regulation.
         Member States may also maintain existing bilateral Agreements with neighbouring third
         countries on local border traffic. To the extent that such Agreements are incompatible with
         this Regulation, the Member States concerned shall amend the Agreements in such a way
         as to eliminate the incompatibilities established.
2.       Before concluding or amending any bilateral Agreement on local border traffic with a
         neighbouring third country, the Member States concerned shall consult the Commission as
         to the compatibility of the Agreement with this Regulation.
         If the Commission considers the Agreement to be incompatible with this Regulation, it
         shall notify the Member State concerned. The Member State shall take all appropriate steps
         to amend the Agreement within a reasonable period in such a way as to eliminate the
         incompatibilities established.
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3.        Where the Community or the Member State concerned has not concluded a general
          readmission Agreement with a third country, the bilateral Agreements on local border
          traffic with that third country shall provide for the readmission of persons found to be
          abusing the local border traffic regime as established by this Regulation to be facilitated.
                                                   Article 14
                                        Comparability of treatment
In the bilateral Agreements referred to in Article 13, Member States shall ensure that third countries
grant persons enjoying the Community right of free movement and third-country nationals lawfully
resident in the border area of the Member State concerned treatment at least comparable to that
granted to the border residents of the third country concerned.
                                                   Article 15
                                         Easing of border crossing
1.        The bilateral Agreements referred to in Article 13 may provide for border crossing to be
          eased, whereby Member States:
          (a)    set up specific border crossing points open only to border residents;
          (b)    reserve specific lanes to border residents at ordinary border crossing points; or
          (c)    taking into account the local circumstances, and where exceptionally there is a
                 requirement of a special nature, authorise border residents to cross their external land
                 border at defined places other than authorised border crossing points and outside the
                 fixed hours.
 ---pagebreak--- L 405/18          EN                Official Journal of the European Union                      30.12.2006
2.       Where a Member State decides to ease border crossing for border residents in accordance
         with paragraph 1, it shall, as a matter of course, ease border crossing for any person
         enjoying the Community right of free movement residing in the border area concerned.
3.       At the border crossing points referred to in paragraph 1(a) and at the lanes referred to in
         paragraph 1(b), persons who regularly cross the external land border and who, by reason of
         their frequent crossing of the border, are well known to the border guards shall, usually, be
         subject only to random checks.
         Such persons shall be subject to thorough checks from time to time, without warning and at
         irregular intervals.
4.       Where a Member State decides to ease border crossing for border residents in accordance
         with paragraph 1(c):
         (a)    the local border traffic permit shall contain, in addition to the information required
                by Article 7(3), details of the place where, and the circumstances in which, the
                external land border may be crossed;
         (b)    the Member State in question shall carry out random checks and conduct regular
                surveillance in order to prevent unauthorised border crossings.
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                                               Chapter V
                                          Final provisions
                                                  Article 16
                                             Ceuta and Melilla
The provisions of this Regulation shall not affect the specific arrangements applying to the towns of
Ceuta and Melilla, as referred to in the Declaration by the Kingdom of Spain on the towns of Ceuta
and Melilla in the Final Act to the Agreement on the Accession of the Kingdom of Spain to the
Convention implementing the Schengen Agreement.
                                                  Article 17
                                                  Penalties
1.       Member States shall ensure that any abuse of the local border traffic regime, as established
         by this Regulation and as implemented by the bilateral Agreements referred to in
         Article 13, is subject to penalties as provided for by national law.
2.       Those penalties shall be effective, proportionate and dissuasive and shall include the
         possibility of cancelling and revoking local border traffic permits.
 ---pagebreak--- L 405/20         EN                Official Journal of the European Union                     30.12.2006
3.       Member States shall keep a record of all cases of abuse of the local border traffic regime
         and of penalties imposed in accordance with paragraph 1. That information shall be
         forwarded every six months to the other Member States and to the Commission.
                                                 Article 18
                              Report on the local border traffic regime
By 19 January 2009, the Commission shall submit a report to the European Parliament and the
Council on the implementation and functioning of the local border traffic regime, as established by
this Regulation and implemented by the bilateral Agreements concluded or maintained in
conformity with the rules set out in this Regulation. That report shall be accompanied, where
necessary, by appropriate legislative proposals.
                                                 Article 19
                                 Notification of bilateral Agreements
1.       Member States shall notify the Commission of all bilateral Agreements referred to in
         Article 13 and of any denunciation thereof or amendment thereto.
2.       The Commission shall make the information notified in accordance with paragraph 1
         available to the Member States and to the public by publishing it in the Official Journal of
         the European Union or by any other appropriate means.
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                                                 Article 20
                      Amendment of the provisions of the Schengen Convention
The provisions of Article 136(3) of the Schengen Convention shall be replaced by the following:
"3. Paragraph 2 shall not apply to bilateral Agreements on local border traffic as referred to in
Article 13 of Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20
December 2006 laying down rules on local border traffic at the external land borders of the Member
States*.
_________________________
*
         OJ L 405, 30.12.2006.
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                                                 Article 21
                                              Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official
Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaty establishing the European Community.
Done at Brussels, 20 December 2006.
For the European Parliament                     For the Council
The President                                   The President
J. BORRELL FONTELLES                            J. KORKEAOJA
                                   __________________________