{"change_dates":[],"dossier":{"amendments":[],"changes":{"2014-11-10T01:59:04":[{"data":[{"body":"EC","commission":[{"Commissioner":"FRATTINI Franco","DG":{"title":"Justice","url":"http://ec.europa.eu/justice/"}}],"date":"2005-02-23T00:00:00","docs":[{"celexid":"CELEX:52005PC0056:EN","text":["
PURPOSE: to lay down rules on\n local border traffic at the external land borders of the Member States \n and amending the Schengen Convention and the Common Consular Instructions
PROPOSED ACT: Regulation of the\n European Parliament and the Council of Ministers
CONTENT: The purpose of the proposed Regulation is to lay\n down common rules on the criteria and conditions for establishing a regime of\n local border traffic at the “external land borders” of the Member States,\n i.e. the common land border between:
- a Member State \n and a neighbouring third country (e.g., the border between Poland and Ukraine \n or between Slovenia and Croatia );
- a Member State fully\n implementing the Schengen acquis and a Member State bound to apply such\n acquis in full but for which the Council decision authorising it to fully\n apply that acquis has not entered into force (e.g., the border between\n Austria and Hungary);
- two Member States\n bound to apply the Schengen acquis in full, but for which the Council\n decision authorising them to fully apply that acquis has not entered into\n force (e.g., the border between the Czech Republic and Poland ).
It shall be noted,\n however, that the personal scope of the draft Regulation only covers\n third-country nationals (with some exceptions) lawfully resident in the\n border area of a neighbouring country for at least one year. EU citizens, as well as third country\n nationals enjoying the Community right to free movement have been explicitly\n excluded from the scope.
Furthermore, as\n regards border residents subject to the visa obligation, a specific visa\n (“L”, from “Local”) is introduced. The “L” visa would be a multiple-entry\n visa issued for at least one year and for maximum five years, entitling the\n holder to stay in the border area of the issuing Member State for 7\n consecutive days maximum and without exceeding, in any case, three months\n within any half-year period.
The procedures and\n criteria to be followed for the issuing of such visas would be, for the\n Member States fully implementing the Schengen acquis, conforming to the\n provisions of the Common Consular Instructions (CCI). Member States not fully implementing the\n Schengen acquis would apply - until the Council authorises them to fully\n apply such acquis - their national legislation, which shall nevertheless be\n compatible with the rules laid down in this Regulation.
This proposed\n Regulation authorises Member States to negotiate bilaterally with their\n neighbours, if appropriate, the specific arrangements applicable to local\n border traffic at their common land border, provided that such arrangements\n comply with and do not affect the provisions established by this Regulation.
Member States may also\n maintain or conclude agreements between themselves on local border traffic,\n provided that they are compatible with the present Regulation. It is obvious that, once border controls\n will be lifted at the “temporary external borders”, these agreements will\n lose their raison d’être.
As a consequence of the adoption\n of “The Hague Programme” by the European Council of 4/5 November 2004, the\n Council took the decision of extending the co-decision procedure to certain\n areas covered by Title IV of the EC Treaty, including measures related to\n external borders. This proposal will\n be subject to the codecision procedure and replaces two separate proposals\n tabled in 2003 on the same subject that the Commission will withdraw upon the\n adoption of this proposal.
\nThe committee adopted the report by Mihael BREJC\n (EPP-ED, SI) amending the proposal under the 1st reading of the codecision\n procedure:
- instead of an 'L' visa as\n proposed by the Commission, border residents should be issued with a document,\n entitled 'local border traffic permit' (LBTP), authorising them to cross the\n border \"for the purpose of local border traffic\". The LBTP would bear\n the photograph of the holder and contain information such as his/her name,\n date of birth, nationality and place of residence, as well as details of the\n issuing authority, date of issue and period of validity and the border area\n in which the holder of the permit is authorised to move. It would also\n contain security features and technical specifications complying with the\n 2002 regulation laying down a uniform format for residence permits for third\n country nationals;
- whereas the Commission had proposed a system of entry\n and exit stamps on the travel documents used for local border traffic, MEPs\n said that no entry or exit stamps were needed for the LBTP, although entry\n and exit checks would be carried out on border residents;
- the committee clarified the type of stay in the border\n area which would justify the regular crossing of a Member State's external\n land border for the purpose of local border traffic: such stays would be\n \"based on for example social, cultural or substantiated economic\n grounds, or on family links\";
- under the bilateral agreements on local border traffic\n which may be concluded - or maintained - between Member States and\n neighbouring third countries, the maximum permissible duration of each\n uninterrupted stay under the local border traffic regime should not exceed\n three months;
- MEPs modified the definition of 'border residents',\n specifying that this should mean third-country nationals who have been\n lawfully resident in the border area of a country neighbouring a Member State\n \"for a period specified in the bilateral agreements referred to in\n Article 14, which shall be at least one year\". A period of residence of\n less than one year could be allowed \"in exceptional and duly justified\n cases specified in the bilateral agreements\";
- as regards the definition of 'border areas', the committee felt that the\n limit laid down by the Commission (not more than 35 km from the border line)\n was insufficiently flexible for some of the newer Member States whose main\n towns were further away from the\n border. It therefore proposed that a border area could extend up to a maximum\n of 50 km from the border line;
- MEPs deleted the provisions drawing a distinction\n between old and new Member States, since the EU10 was expected to fully join\n the Schengen area in 2007, before the new regulation came into force.
\n
The European Parliament\n adopted a resolution drafted by Mihael BREJC\n (EPP-ED, SI) and made some amendments to the Commission’s proposal:
- Whereas the\n Commission’s proposal created a special ‘L’ visa, Parliament has deleted this\n idea in favour of a ‘local border traffic permit’. The\n territorial validity of the permit is limited to the border area of the\n issuing Member State.
- The\n local border traffic permit will contain security features and technical\n specifications which comply with the relevant provisions of Council Regulation 1030/2002/EC\n laying down a uniform format for residence permits for third-country\n nationals.
- The local border traffic permit must bear the photograph of the\n holder of the permit and contain at least the following information: the\n forename, surname, date of birth, nationality and place of residence of the\n holder of the permit; the issuing authority, date of issue and period of\n validity; the border area within which the holder of the permit is authorised\n to move; the number of the valid travel document or documents authorising its\n holder to cross the external borders. It must clearly state that its holder\n is not authorised to move outside the border area, and that any misuse shall\n be subject to penalties as provided for in the legislation.
- While the Commission only applied the regime to third\n country nationals who need a visa to enter the EU, Parliament applies it to\n all non-EU nationals.
- Parliament modified the definition of 'border residents',\n specifying that this should mean third-country nationals who have been\n lawfully resident in the border area of a country neighbouring a Member State\n \"for a period specified in the bilateral agreements referred to in\n Article 14, which shall be at least one year\". A period of residence of\n less than one year could be allowed \"in exceptional and duly justified\n cases specified in the bilateral agreements\";
- Permits would be\n valid for between one and five years.
- Member States shall keep a central\n register of permits applied for, issued, extended and withdrawn and shall\n designate a national contact point responsible for providing without delay,\n upon request from other Member States, information on permits held in that\n register.
- The bilateral agreements referred to in\n Article 14 must specify the maximum permissible duration of each\n uninterrupted stay under the local border traffic regime, which shall not\n exceed three months. The\n Commission proposed seven days.
- Member Statesshall carry out entry\n and exit checks on border residents in order to ensure that they fulfil the\n relevant conditions. However, no entry and exit stamps shall be affixed to\n the local border traffic permit under the local border traffic regime. This\n isin contrast to the Commission proposal,\n which allowed passports to be stamped.
- Parliament deleted the provisions drawing a distinction between\n old and new Member States, since the EU10 was expected to fully join the\n Schengen area in 2007, before the new regulation came into force.
- As regards the definition of 'border areas', Parliament felt\n that the limit laid down by the Commission (not more than 35 km from the border line) was insufficiently flexible for some of the newer Member States whose\n main towns were further away from the border. It therefore proposed that a\n border area could extend up to a maximum of 50 km from the border line.
\nPURPOSE: to\n lay down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention.
LEGISLATIVE\n ACT: Regulation (EC) No 1931/2006 of the European Parliament and of the\n Council laying down rules on local border traffic at the external land\n borders of the Member States and amending the provisions of the Schengen\n Convention.
CONTENT: this\n Regulation establishes a local border traffic regime at the external land\n borders of the Member States and introduces for that purpose a local border\n traffic permit. It authorises Member States to conclude or maintain bilateral\n Agreements with neighbouring third countries for the purpose of implementing\n the local border traffic regime established by this Regulation. The\n Regulation constitutes a derogation from the general rules governing the\n border control of persons crossing the external borders of the European Union\n which are set out in Regulation (EC) No 562/2006 establishing a Schengen\n Borders Code.
\"Local\n border traffic\" means the regular crossing of an external land border by\n border residents in order to stay in a border area, for example for social,\n cultural or substantiated economic reasons, or for family reasons, for a\n period not exceeding the time limit laid down in this Regulation.
The\n territorial validity of the local border traffic permit shall be limited to\n the border area of the issuing Member State. The permit shall be valid for a\n minimum of one year and a maximum of five years. It shall bear a photograph\n of the holder and shall contain at least the following information:
It shall\n clearly state that its holder is not authorised to move outside the border\n area and that any abuse shall be subject to penalties as provided for by law.
Member States\n shall keep a central register of local border traffic permits applied for, issued,\n extended and cancelled or revoked and shall designate a national contact\n point responsible for providing without delay, upon request from other Member\n States, information on the permits entered in that register. They shall also\n keep a record of all cases of abuse of the local border traffic regime and of\n penalties imposed. That information shall be forwarded every six months to\n the other Member States and to the Commission.
By 19 January\n 2009, the Commission shall submit a report to the European Parliament and the\n Council on the implementation and functioning of the local border traffic\n regime, as established by this Regulation and implemented by the bilateral\n Agreements concluded or maintained. That report shall be accompanied, where necessary,\n by appropriate legislative proposals.
ENTRY INTO\n FORCE: 19/01/2007.
\nPURPOSE: to lay down rules on\n local border traffic at the external land borders of the Member States \n and amending the Schengen Convention and the Common Consular Instructions
PROPOSED ACT: Regulation of the\n European Parliament and the Council of Ministers
CONTENT: The purpose of the proposed Regulation is to lay\n down common rules on the criteria and conditions for establishing a regime of\n local border traffic at the “external land borders” of the Member States,\n i.e. the common land border between:
- a Member State \n and a neighbouring third country (e.g., the border between Poland and Ukraine \n or between Slovenia and Croatia );
- a Member State fully\n implementing the Schengen acquis and a Member State bound to apply such\n acquis in full but for which the Council decision authorising it to fully\n apply that acquis has not entered into force (e.g., the border between\n Austria and Hungary);
- two Member States\n bound to apply the Schengen acquis in full, but for which the Council\n decision authorising them to fully apply that acquis has not entered into\n force (e.g., the border between the Czech Republic and Poland ).
It shall be noted,\n however, that the personal scope of the draft Regulation only covers\n third-country nationals (with some exceptions) lawfully resident in the\n border area of a neighbouring country for at least one year. EU citizens, as well as third country\n nationals enjoying the Community right to free movement have been explicitly\n excluded from the scope.
Furthermore, as\n regards border residents subject to the visa obligation, a specific visa\n (“L”, from “Local”) is introduced. The “L” visa would be a multiple-entry\n visa issued for at least one year and for maximum five years, entitling the\n holder to stay in the border area of the issuing Member State for 7\n consecutive days maximum and without exceeding, in any case, three months\n within any half-year period.
The procedures and\n criteria to be followed for the issuing of such visas would be, for the\n Member States fully implementing the Schengen acquis, conforming to the\n provisions of the Common Consular Instructions (CCI). Member States not fully implementing the\n Schengen acquis would apply - until the Council authorises them to fully\n apply such acquis - their national legislation, which shall nevertheless be\n compatible with the rules laid down in this Regulation.
This proposed\n Regulation authorises Member States to negotiate bilaterally with their\n neighbours, if appropriate, the specific arrangements applicable to local\n border traffic at their common land border, provided that such arrangements\n comply with and do not affect the provisions established by this Regulation.
Member States may also\n maintain or conclude agreements between themselves on local border traffic,\n provided that they are compatible with the present Regulation. It is obvious that, once border controls\n will be lifted at the “temporary external borders”, these agreements will\n lose their raison d’être.
As a consequence of the adoption\n of “The Hague Programme” by the European Council of 4/5 November 2004, the\n Council took the decision of extending the co-decision procedure to certain\n areas covered by Title IV of the EC Treaty, including measures related to\n external borders. This proposal will\n be subject to the codecision procedure and replaces two separate proposals\n tabled in 2003 on the same subject that the Commission will withdraw upon the\n adoption of this proposal.
\nThe committee adopted the report by Mihael BREJC\n (EPP-ED, SI) amending the proposal under the 1st reading of the codecision\n procedure:
- instead of an 'L' visa as\n proposed by the Commission, border residents should be issued with a document,\n entitled 'local border traffic permit' (LBTP), authorising them to cross the\n border \"for the purpose of local border traffic\". The LBTP would bear\n the photograph of the holder and contain information such as his/her name,\n date of birth, nationality and place of residence, as well as details of the\n issuing authority, date of issue and period of validity and the border area\n in which the holder of the permit is authorised to move. It would also\n contain security features and technical specifications complying with the\n 2002 regulation laying down a uniform format for residence permits for third\n country nationals;
- whereas the Commission had proposed a system of entry\n and exit stamps on the travel documents used for local border traffic, MEPs\n said that no entry or exit stamps were needed for the LBTP, although entry\n and exit checks would be carried out on border residents;
- the committee clarified the type of stay in the border\n area which would justify the regular crossing of a Member State's external\n land border for the purpose of local border traffic: such stays would be\n \"based on for example social, cultural or substantiated economic\n grounds, or on family links\";
- under the bilateral agreements on local border traffic\n which may be concluded - or maintained - between Member States and\n neighbouring third countries, the maximum permissible duration of each\n uninterrupted stay under the local border traffic regime should not exceed\n three months;
- MEPs modified the definition of 'border residents',\n specifying that this should mean third-country nationals who have been\n lawfully resident in the border area of a country neighbouring a Member State\n \"for a period specified in the bilateral agreements referred to in\n Article 14, which shall be at least one year\". A period of residence of\n less than one year could be allowed \"in exceptional and duly justified\n cases specified in the bilateral agreements\";
- as regards the definition of 'border areas', the committee felt that the\n limit laid down by the Commission (not more than 35 km from the border line)\n was insufficiently flexible for some of the newer Member States whose main\n towns were further away from the\n border. It therefore proposed that a border area could extend up to a maximum\n of 50 km from the border line;
- MEPs deleted the provisions drawing a distinction\n between old and new Member States, since the EU10 was expected to fully join\n the Schengen area in 2007, before the new regulation came into force.
\n
The European Parliament\n adopted a resolution drafted by Mihael BREJC\n (EPP-ED, SI) and made some amendments to the Commission’s proposal:
- Whereas the\n Commission’s proposal created a special ‘L’ visa, Parliament has deleted this\n idea in favour of a ‘local border traffic permit’. The\n territorial validity of the permit is limited to the border area of the\n issuing Member State.
- The\n local border traffic permit will contain security features and technical\n specifications which comply with the relevant provisions of Council Regulation 1030/2002/EC\n laying down a uniform format for residence permits for third-country\n nationals.
- The local border traffic permit must bear the photograph of the\n holder of the permit and contain at least the following information: the\n forename, surname, date of birth, nationality and place of residence of the\n holder of the permit; the issuing authority, date of issue and period of\n validity; the border area within which the holder of the permit is authorised\n to move; the number of the valid travel document or documents authorising its\n holder to cross the external borders. It must clearly state that its holder\n is not authorised to move outside the border area, and that any misuse shall\n be subject to penalties as provided for in the legislation.
- While the Commission only applied the regime to third\n country nationals who need a visa to enter the EU, Parliament applies it to\n all non-EU nationals.
- Parliament modified the definition of 'border residents',\n specifying that this should mean third-country nationals who have been\n lawfully resident in the border area of a country neighbouring a Member State\n \"for a period specified in the bilateral agreements referred to in\n Article 14, which shall be at least one year\". A period of residence of\n less than one year could be allowed \"in exceptional and duly justified\n cases specified in the bilateral agreements\";
- Permits would be\n valid for between one and five years.
- Member States shall keep a central\n register of permits applied for, issued, extended and withdrawn and shall\n designate a national contact point responsible for providing without delay,\n upon request from other Member States, information on permits held in that\n register.
- The bilateral agreements referred to in\n Article 14 must specify the maximum permissible duration of each\n uninterrupted stay under the local border traffic regime, which shall not\n exceed three months. The\n Commission proposed seven days.
- Member Statesshall carry out entry\n and exit checks on border residents in order to ensure that they fulfil the\n relevant conditions. However, no entry and exit stamps shall be affixed to\n the local border traffic permit under the local border traffic regime. This\n isin contrast to the Commission proposal,\n which allowed passports to be stamped.
- Parliament deleted the provisions drawing a distinction between\n old and new Member States, since the EU10 was expected to fully join the\n Schengen area in 2007, before the new regulation came into force.
- As regards the definition of 'border areas', Parliament felt\n that the limit laid down by the Commission (not more than 35 km from the border line) was insufficiently flexible for some of the newer Member States whose\n main towns were further away from the border. It therefore proposed that a\n border area could extend up to a maximum of 50 km from the border line.
\nPURPOSE: to\n lay down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention.
LEGISLATIVE\n ACT: Regulation (EC) No 1931/2006 of the European Parliament and of the\n Council laying down rules on local border traffic at the external land\n borders of the Member States and amending the provisions of the Schengen\n Convention.
CONTENT: this\n Regulation establishes a local border traffic regime at the external land\n borders of the Member States and introduces for that purpose a local border\n traffic permit. It authorises Member States to conclude or maintain bilateral\n Agreements with neighbouring third countries for the purpose of implementing\n the local border traffic regime established by this Regulation. The\n Regulation constitutes a derogation from the general rules governing the\n border control of persons crossing the external borders of the European Union\n which are set out in Regulation (EC) No 562/2006 establishing a Schengen\n Borders Code.
\"Local\n border traffic\" means the regular crossing of an external land border by\n border residents in order to stay in a border area, for example for social,\n cultural or substantiated economic reasons, or for family reasons, for a\n period not exceeding the time limit laid down in this Regulation.
The\n territorial validity of the local border traffic permit shall be limited to\n the border area of the issuing Member State. The permit shall be valid for a\n minimum of one year and a maximum of five years. It shall bear a photograph\n of the holder and shall contain at least the following information:
It shall\n clearly state that its holder is not authorised to move outside the border\n area and that any abuse shall be subject to penalties as provided for by law.
Member States\n shall keep a central register of local border traffic permits applied for, issued,\n extended and cancelled or revoked and shall designate a national contact\n point responsible for providing without delay, upon request from other Member\n States, information on the permits entered in that register. They shall also\n keep a record of all cases of abuse of the local border traffic regime and of\n penalties imposed. That information shall be forwarded every six months to\n the other Member States and to the Commission.
By 19 January\n 2009, the Commission shall submit a report to the European Parliament and the\n Council on the implementation and functioning of the local border traffic\n regime, as established by this Regulation and implemented by the bilateral\n Agreements concluded or maintained. That report shall be accompanied, where necessary,\n by appropriate legislative proposals.
ENTRY INTO\n FORCE: 19/01/2007.
\n