The mechanism addressing cross-border obstacles is back on the agenda

In 2015 the Luxembourg Presidency triggered the development of an EU mechanism which may facilitate the elimination of the legal and administrative obstacles experienced by the stakeholders of the border institutions and the citizens during their cross-border mobility. The tool named that time as a European Cross-Border Convention (ECBC) and, later, re-named as a Mechanism (ECBM) was included in the Cohesion Policy package for the years of 2021-2027, but, finally, it failed due to the opposition of several EU Member States. Nevertheless, in 2023, the European Parliament brought up the topic again whose negotiations will mostly be performed during the Hungarian Presidency in 2024.

The original proposal would basically enable the adaptation of a neighbouring country’s legislation in a border area. The example mentioned the most was the development of the tram line between Strasbourg and Kehl, as, due to the relevant French and German rules and legislations the preparation of the project lasted nearly 10 years. In that case it would have been simpler to apply the French technical and operational rules for the three German stops completing the tram line. In the absence of the mechanism, a solution meeting both countries’ rules needed to be developed that extraordinarily slowed down the investment process.

However, a major part of the EU Member States interpreted the extraterritorial adaptation of a neighbourly country’s rules as a violation of their sovereignty and the principle of subsidiarity. Consequently, the proposal has been rejected. At the same time, in order to improve the living conditions of the nearly 150 million European border citizens, the availability of a permanent, predictable solution addressing similar situations would be necessary. This was the reason why the European Parliament asked the French-Italian MEP, Mr Sandro Gozi to deliver a report which was approved on 14 September, 2023, and the European Commission ro react on the approval within 3 months. The process was further promoted by the invitation of the Committee of the Regions addressing Ms Magali Altounian, vice-mayor of Nice to compile another report with the same topic. The latter report was approved by the Committee in October.

On 12 December, 2023 the European Commission published the proposal on a simpler, basically voluntary solution which, at the same time, may ensure permanent frames for legal accessibility. The new proposal facilitating cross-border solutions does not anymore focus on the adaptation but the harmonisation of rules. For this purpose every Member State would need to set up one or further Cross-Border Coordination Points which could be addressed with an initiative made by institutions or citizens facing obstacles during the implementation of projects or the provision of cross-border services. The Coordination Points would make an inquiry regarding the initiative in cooperation with the domestic authorities and the Coordination Points of the neighbouring countries. At the same time, the amendment of the relevant rules would not be mandatory for the Member State.

The debate on the new proposal has started in the EU institutions, and it will acquire an important phase during the Hungarian Presidency in the second half of this year. CESCI has been actively taking part in the discussion of the proposal since 2015 and it has always been supporting the tool influencing border citizens’ lives.

Further information can be read here.