Regulation 2006/1931 - Rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 2006/1931
Original proposal	COM(2005)56
CELEX number i	32006R1931

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,

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

OJ L 105, 13.4.2006, p. 1.

• (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.

OJ L 81,...

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