Appendix 3: Analysis of the main provisions of Local Border Traffic Regulation (EC/1931/2006)
1.Article 1 authorises Member States to conclude bilateral agreements with neighbouring third countries for the purpose of implementing the local border traffic regime established by the Regulation.
2.Article 3 defines the terms used in the Regulation:
- “external land border” means the common land border between a Member State and a neighbouring third country;
- “border area” means an area that extends no more than 30 kilometres from the border. The local administrative districts that are to be considered as the border area shall be specified by the States concerned in their bilateral agreements. If part of any such district lies between 30 and 50 kilometres from the border line, it shall nevertheless be considered as part of the border area;
- “local border traffic” means the regular crossing of an external land border by border residents in order to stay in a border 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;
- “third-country national” means any person who is not a citizen of the Union under EU law;
- “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, which shall be at least one year. In exceptional and duly justified cases specified in those bilateral agreements, a period of residence of less than one year may also be considered as appropriate;
- “local border traffic permit” means a specific document entitling border residents to cross an external land border under the local border traffic regime.
3.Article 4 sets out the conditions of entry. Border residents may cross, either way, the external land border of a neighbouring Member State under the local border traffic regime, on condition that they:
- are in possession of a local border traffic permit and, if so required by the relevant bilateral agreement, a valid travel document or documents;
- are not persons for whom an alert has been issued in the Schengen Information System (SIS) for the purposes of refusing them entry;
- 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.
4.Article 5 provides that the duration of stay in the border area of each State must not exceed three months. The Court of Justice of the EU has held, in the case of a border traffic management regime between Hungary and Ukraine, that this period is renewed each time the border in question is crossed.121
5.Article 6 sets out entry and exit checks:
- the EU Member State concerned must carry out entry and exit checks on border residents in order to ensure that they fulfil the conditions set out in Article 4;
- entry or exit stamps shall be affixed to the local border traffic permit.
6.Article 7 introduces the local border traffic permit, which must observe the following conditions:
- The territorial validity of the local border traffic permit shall be limited to the border area of the issuing Member State.
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 of the valid travel document (passport or identity card) entitling its holder to cross the external border.
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.
7.Article 9 states that local border traffic permits may be issued to border residents who:
- are in possession of a valid travel document (passport or identity card) entitling them to cross the external borders;
- 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.
8.Article 10 provides that a local border traffic permit shall be valid for a minimum of one year and a maximum of five years.
9.Article 11 states that 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. A local border traffic permit may also be issued free of charge.
10.Article 13 authorises EU Member States to conclude bilateral Agreements with neighbouring third countries for the purposes of implementing the local border traffic regime, so long as they are in accordance with the Regulation.
Before concluding or amending any bilateral agreement on local border traffic with a neighbouring third country, the Member State concerned must consult the Commission as to the compatibility of the agreement with the Regulation.
If the Commission considers the agreement to be incompatible with the Regulation, it notifies the Member State concerned. The Member State must then amend the agreement accordingly, within a reasonable period.
11.Article 14 concerns comparability of treatment. A bilateral agreement must ensure that third countries grant persons enjoying the EU right of free movement, and third-country nationals lawfully resident in the border area of the Member State concerned, equal treatment to that granted to the border residents of the third country concerned.
12.Article 15 sets out the terms for easing border crossings. Member States can:
- set up specific border crossing points open only to border residents;
- reserve specific lanes to border residents at ordinary border crossing points;
- 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.
- allow 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 to be subject only to random checks (although they should be subject to thorough checks from time to time, without warning).
13.Article 16 clarifies that the Regulation does not apply to the Spanish autonomous towns of Ceuta and Melilla on the Moroccan coast.
121 Judgment of 21 March 2013, Shomodi, C-254/11, EU:C:2013:182, paragraph 26: “Consequently […] Regulation No 1931/2006 must be interpreted as meaning that the holder of a local border traffic permit granted under the special local border traffic regime established by that regulation must be able, within the limits laid down in that regulation and in the bilateral agreement concluded for its implementation between the third country of which he is a national and the neighbouring Member State, to move freely within the border area for a period of three months if his stay is uninterrupted and to have a new right to a three-month stay each time that his stay is interrupted.”