Subject matter
1. This Regulation establishes a framework to facilitate identifying and resolving cross-border obstacles that hamper the establishment and functioning of any infrastructure necessary for public or private cross-border activities, or of any cross-border public service that is provided in a given cross-border region and that fosters economic, social and territorial cohesion in that cross-border region.
2. The framework referred to in paragraph 1 shall provide for the possibility to initiate a procedure with regard to a cross-border obstacle in a Member State which decides to establish a cross-border coordination point in accordance with this Regulation.
3. This Regulation also lays down rules on:
(a)
the organisation and tasks of cross-border coordination points in the Member States; and
(b)
the coordination tasks of the Commission.
Scope
1. This Regulation shall apply to cross-border obstacles in land or maritime border regions of neighbouring Member States.
2. This Regulation shall not apply to cross-border obstacles in border regions between Member States and third countries.
3. This Regulation shall be without prejudice to 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 also be without prejudice to the coordination mechanisms established for social security or taxation.
4. Without prejudice to the respective competences of the Union and its Member States, Member States may:
(a)
provide for procedures under national law to resolve cross-border obstacles; and
(b)
conclude new international agreements and modify existing agreements that lay down such procedures.
Member States may also create ad hoc mechanisms.
Definitions
1. For the purposes of this Regulation, the following definitions apply:
(1)
‘cross-border interaction’ means:
(a)
any infrastructure necessary for public or private cross-border activities; or
(b)
the establishment, functioning or provision of any cross-border public service in a cross-border region;
(2)
‘cross-border obstacle’ means any legislative or administrative provision in a Member State, or any administrative practice by a public authority in a Member State, that has the potential to negatively affect a cross-border interaction and thus the development of a cross-border region and which does not have the potential to infringe Union law;
(3)
‘competent authority’ means a body at national, regional or local level that has the power to adopt legally binding and enforceable acts in a Member State that establishes one or more cross-border coordination points;
(4)
‘cross-border file’ means a document that has been prepared by one or more initiators and submitted to a cross-border coordination point;
(5)
‘cross-border public service’ means an activity that is carried out in the public interest to provide a service in, or to address common problems or the development potential of border regions located on different sides of one or more neighbouring Member States’ borders, and that fosters economic, social and territorial cohesion in the cross-border region concerned;
(6)
‘initiator’ means any private or public entity involved in the provision, operation, establishment or functioning of any cross-border public service or of infrastructure on a border for which at least one cross-border coordination point is established;
(7)
‘relevant authority’ means any authority, public law body or permanent entity within a Member State without any cross-border coordination point, which a cross-border coordination point from a neighbouring Member State can contact with regard to a cross-border file.
2. For the purposes of this Regulation, a 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.
3. For the purposes of this Regulation, the term ‘cross-border obstacle’ shall cover one or more cross-border obstacles linked to a cross-border file.
