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30.12.2011 Official
Journal
of
the
European
Union L
347/41
REGULATION (EU) No 1342/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 December 2011
amending Regulation (EC) No 1931/2006 as regards the inclusion of the Kaliningrad oblast and
certain Polish administrative districts in the eligible border area
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
cooperation between the Kaliningrad oblast on the one
EUROPEAN UNION,
hand and major centres in the North of Poland on the
other.
Having regard to the Treaty on the Functioning of the European
(4)
This Regulation is without prejudice to the general defi
Union, and in particular point (b) of Article 77(2) thereof,
nition of the border area and to full respect for the rules
and conditions set out in Regulation (EC) No
1931/2006, including the penalties to be imposed by
Having regard to the proposal from the European Commission,
Member States on border residents who abuse the local
border traffic regime.
After transmission of the draft legislative act to the national
parliaments,
(5) This
Regulation
contributes
to
further
promoting
the
strategic partnership between the European Union and
the Russian Federation, in line with the priorities set
Acting in accordance with the ordinary legislative procedure ( 1 ),
out in the Roadmap of the Common Space on
Freedom, Security and Justice, and takes into account
the overall relationship between the European Union
Whereas:
and the Russian Federation.
(6) Since
the
objective
of
this
Regulation,
namely
the
(1) Union
rules
on
local
border
traffic,
established
by
Regu
inclusion of the Kaliningrad oblast and certain Polish
lation (EC) No 1931/2006 of the European Parliament
administrative districts in the eligible border area,
and of the Council of 20 December 2006 laying down
cannot be sufficiently achieved by the Member States
rules on local border traffic at the external land borders
and can be better achieved at Union level, the Union
of the Member States and amending the provisions of the
may adopt measures in accordance with the principle
Schengen Convention ( 2 ), in force since 2007, have
of subsidiarity as set out in Article 5 of the Treaty on
avoided creating barriers to trade, to social and cultural
European Union. In accordance with the principle of
interchange or to regional cooperation with neighbouring
proportionality, as set out in that Article, this Regulation
countries, while preserving the security of the entire
does not go beyond what is necessary in order to achieve
Schengen area.
this objective.
(2) The
Kaliningrad
oblast
has
an
exceptional
geographic (7) As
regards
Iceland
and
Norway,
this
Regulation
situation: as a relatively small area completely surrounded
constitutes a development of the provisions of the
by two Member States, it constitutes the only enclave in
Schengen acquis within the meaning of the Agreement
the European Union; its shape and the distribution of its
concluded by the Council of the European Union and
population are such that applying the standard rules on
the Republic of Iceland and the Kingdom of Norway
the definition of the border area would artificially divide
concerning the latters’ association with the implemen
the enclave, whereby some inhabitants would enjoy
tation, application and development of the Schengen
facilitations for local border traffic while the majority,
acquis ( 3 ) which fall within the area referred to in
including the inhabitants of the city of Kaliningrad,
Article 1, point A, of Council Decision 1999/437/EC
would not. In the light of the homogeneous nature of
of 17 May 1999 on certain arrangements for the appli
the Kaliningrad oblast, for trade, social and cultural inter
cation of that Agreement ( 4 ).
change and regional cooperation to be enhanced, a
specific exception to Regulation (EC) No 1931/2006
(8) As
regards
Switzerland,
this
Regulation
constitutes
a
should be introduced that would allow the entire Kalin
development of the provisions of the Schengen acquis
ingrad oblast to be considered as a border area.
within the meaning of the Agreement between the
European Union, the European Community and the
Swiss Confederation on the Swiss Confederation’s
(3) A
specific
border
area
on
the
Polish
side
should
also
be
association with the implementation, application and
recognised as an eligible border area, in order for the
development of the Schengen acquis ( 5 ) which fall
application of Regulation (EC) No 1931/2006 in that
within the area referred to in Article 1, point A, of
region to have real effect through increased opportunities
Decision 1999/437/EC read in conjunction with
for trade, social and cultural interchange and regional
Article 3 of Council Decision 2008/146/EC ( 6 ).
( 1 ) Position of the European Parliament of 1 December 2011 (not yet
( 3 ) OJ L 176, 10.7.1999, p. 36.
published in the Official Journal) and Decision of the Council of
( 4 ) OJ L 176, 10.7.1999, p. 31.
12 December 2011.
( 5 ) OJ L 53, 27.2.2008, p. 52.
( 2 ) OJ L 405, 30.12.2006, p. 1.
( 6 ) OJ L 53, 27.2.2008, p. 1.

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L 347/42
EN
Official Journal of the European Union
30.12.2011
(9) As
regards
Liechtenstein,
this
Regulation
constitutes
a
therefore not taking part in its adoption and is not
development of the provisions of the Schengen acquis
bound by it or subject to its application.
within the meaning of the Protocol between the
European Union, the European Community, the Swiss
Confederation and the Principality of Liechtenstein on
(12) This Regulation constitutes a development of the
provisions of the Schengen acquis in which Ireland does
the accession of the Principality of Liechtenstein to the
not take part, in accordance with Council Decision
Agreement between the European Union, the European
2002/192/EC of 28 February 2002 concerning Ireland’s
Community and the Swiss Confederation on the Swiss
request to take part in some of the provisions of the
Confederation’s association with the implementation,
Schengen acquis (
application and development of the Schengen acquis (

4 ); Ireland is therefore not taking part

1 )
in its adoption and is not bound by it or subject to its
which fall within the area referred to in Article 1, point
application,
A, of Decision 1999/437/EC read in conjunction with

Article 3 of Council Decision 2011/350/EU ( 2 ).
HAVE ADOPTED THIS REGULATION:
(10) In
accordance
with
Articles
1
and
2
of
the
Protocol
(No
22) on the position of Denmark, annexed to the Treaty
Article 1
on European Union and to the Treaty on the Functioning
of the European Union, Denmark is not taking part in
Regulation (EC) No 1931/2006 is hereby amended as follows:
the adoption of this Regulation and is not bound by it or
subject to its application. Given that this Regulation
(1) at the end of Article 3, point (2), the following sentence is
builds upon the Schengen acquis, Denmark shall, in
added:
accordance with Article 4 of that Protocol, decide
within a period of 6 months after the Council has
decided on this Regulation whether it will implement it
‘The areas listed in the Annex to this Regulation shall be
in its national law.
considered as part of the border area;’;
(11) This Regulation constitutes a development of the
(2) the text set out in the Annex to this Regulation is added as
provisions of the Schengen acquis in which the United
an Annex.
Kingdom does not take part, in accordance with Council
Decision 2000/365/EC of 29 May 2000 concerning the
Article 2
request of the United Kingdom of Great Britain and
Northern Ireland to take part in some of the provisions
This Regulation shall enter into force on the 20th day following
of the Schengen acquis ( 3 ); the United Kingdom is
its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Strasbourg, 13 December 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
M. SZPUNAR
( 1 ) OJ L 160, 18.6.2011, p. 21.
( 2 ) OJ L 160, 18.6.2011, p. 19.
( 3 ) OJ L 131, 1.6.2000, p. 43.
( 4 ) OJ L 64, 7.3.2002, p. 20.

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EN
30.12.2011 Official
Journal
of
the
European
Union L
347/43
ANNEX
‘ANNEX
1. Kaliningrad oblast
2. Polish administrative districts (powiaty) of województwo pomorskie: pucki, m. Gdynia, m. Sopot, m. Gdask, gdaski,
nowodworski, malborski
3. Polish administrative districts (powiaty) of województwo warmisko-mazurskie: m. Elblg, elblski, braniewski, lidz
barski, bartoszycki, m. Olsztyn, olsztyski, ktrzyski, mrgowski, wgorzewski, giycki, godapski, olecki’.

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