Text · Comparison of two versions
Changes from report parliamentary committee draft to plenary report
REGI-PR-628357 → A-8-2018-0414
- From
- REGI-PR-628357 report parliamentary committee draft of 25 Sept 2018
- To
- A-8-2018-0414 Plenary report of 29 Nov 2018
- Changes
- 19 changes to the text
- Paragraphs
- +37 added · −11 removed · 12 changed
More facts (2)
- Title (from)
- on the proposal for a regulation of the European Parliament and of the Council on a mechanism to resolve legal and administrative obstacles in a cross-border context
- Title (to)
- on the proposal for a regulation of the European Parliament and of the Council on a mechanism to resolve legal and administrative obstacles in a cross-border context
AI: What changed, in short Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Extends the mechanism to all border regions, including maritime and external borders, and clarifies voluntary use.127 Adds provisions on coordination points, preliminary reactions, and procedures for handling legal obstacles.381011 Adds definitions and extends legal protection to persons in cross-border regions.56 Adds requirements for the Commission's report and public consultation.18 The other changes are formal: updates to recitals and signature copies.491516
The notes class 16 changes as substance, 3 as formal, 0 as wording only.
Changes that matter, 19
Changes to the text in document order — the ones the change notes describe. Cover page, renumbering and punctuation-only edits are left out (see “Every difference”); changes to citations and references stay in and are marked as formal in the notes.
Change 1
ChangedRecital 9:2 (9)a In(new): full(2a) respectTo ofimprove the constitutionallife andof institutionalcitizens set-upin ofcross-border theregions Memberon States,maritime theborders useor ofin thecross-border Mechanismregions shouldbetween bethe voluntary.Member ItStates shouldand consistthird ofcountries, twothe measures:application theof signaturethis Regulation and the conclusionuse of a Europeanmechanism Cross-Borderto Commitmentresolve (thelegal 'Commitment')and oradministrative theobstacles signatureshould be extended to all border regions of athe EuropeanUnion, Cross-Borderwhile Statementrespecting (theUnion 'Statement').law.
AI: Note on change 1 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Replaces recital 9 with new recitals 2a and 9a, extending the mechanism to all border regions, including maritime and external borders, while respecting Union law.
Change 2
AddedRecital 8: (8) Even though a number of effective mechanisms for cross-border cooperation already exist at inter-governmental, regional and local level in certain regions of the Union, they do not cover all border regions in the Union. In order to complement the existing systems, it is therefore necessary to set up a voluntary mechanism to resolve legal and administrative obstacles in all border regions ('the Mechanism'), but this does not prevent the creation of alternative comparable mechanisms according to specific needs at national, regional or local level.
AddedRecital 9: (9) In full respect of the constitutional and institutional set-up of the Member States, the use of the Mechanism is voluntary. It should consist of two measures: the signature and the conclusion of a European Cross-Border Commitment (the 'Commitment') or the signature of a European Cross-Border Statement (the 'Statement'). It should be possible for Member States to choose using an instrument which they consider to be more beneficial.
AddedRecital 9 a (new): (9a) The competent authorities of the Member States, countries, entities or regions involved should adopt, in accordance with their constitutional and legally defined specific competencies, the proposed ad hoc legal solution before concluding and signing the Commitment or signing the Statement pursuant to this Regulation.
AddedRecital 11: (11) The Statement would still require a legislative procedure in the Member State. The authority concluding the Statement should make a formal statement that it will trigger by a certain deadline the legislative procedure necessary to amend the normally applicable national law and to apply, by way of an explicit derogation, the law of a neighbouring Member State, in order to remove obstacles to the implementation of joint cross-border projects.
AddedRecital 12: (12) Legal obstacles are predominantly felt by persons interacting on land borders, such as cross-border workers, because people cross borders on a daily or weekly basis. In order to concentrate the effect of this Regulation to the regions closest to the border and with the highest degree of integration and interaction between neighbouring Member States, this Regulation should apply to cross-border regions within the meaning of the territory covered by neighbouring land or maritime border regions in two or more Member States at NUTS level 3 regions26. This should not prevent Member States from applying the Mechanism also to external borders others than those with EFTA countries, on a voluntary basis in relation to all parties concerned.
AI: Note on change 2 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Adds recitals 8, 9, 9a, 11, and 12, specifying voluntary use, application to NUTS level 3 regions, and allowing extension to external borders.
Change 3
RemovedRecital 24: (24) In order to establish a database according to Article 7, implementing powers should be conferred on the Commission to lay down rules on its running, on the protection of data and the model to be used when information on the implementation and on the use of the Mechanism is submitted by Cross-border Coordination Points. Those powers should be exercised in accordance with the advisory procedure under Regulation (EU) No 182/2011 of the European Parliament and of the Council28 . For practical and coordination purposes, the ‘Coordination Committee for the European Structural and Investment Funds’ should be the committee competent for the procedure of adoption of implementing acts.
AddedRecital 17: (17) The key actor in the Member States requested to conclude a Commitment or Statement should be the respective national or regional Cross-border Coordination Points which is to liaise with all competent authorities in its Member State and with its counterpart in the neighbouring Member State. It should also be clearly established that the Cross-border Coordination Point may decide whether a procedure leading to the conclusion of a Commitment or a Statement is to be launched or whether for one or more legal obstacles a resolution has already found which could be applied. On the other hand, it should also be established that the Member State the legal provisions of which are to be applied in the other Member State may refuse such application outside its territory. Any decision should be duly justified and communicated in due time to all the partners.
AddedRecital 19: (19) The implementation of a self-executing Commitment should consist in the application of national provisions of another Member State when implementing joint projects. This should mean either the amendment of legally binding administrative acts already adopted in accordance with the normally applicable national law or, where this has not yet been done, the adoption of new administrative acts based on the legislation of another Member State within a deadline agreed by all the partners in order to be able to launch joint projects in due time. Where several authorities are each competent for different aspects of a complex legal obstacle, the Commitment should be accompanied by a timetable for each of these aspects. Respecting the subsidiarity principle, the adoption and transmission of those amended or new administrative acts should follow the national law on administrative procedures.
AddedRecital 24: (24) In order to establish a database according to Article 7, implementing powers should be conferred on the Commission to lay down rules on its running, on the protection of data and the model to be used when information on the implementation and on the use of the Mechanism is submitted by Cross-border Coordination Points. Those powers should be exercised in accordance with the advisory procedure under Regulation (EU) No 182/2011 of the European Parliament and of the Council28. For practical and coordination purposes, the ‘Coordination Committee for the European Structural and Investment Funds’ should be the committee competent for the procedure of adoption of implementing acts.
AI: Note on change 3 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Adds recitals 17 and 19 on coordination points and implementation, and retains recital 24 on implementing powers.
Change 4
RemovedRecital 28: (28) In accordance with the principle of proportionality, as set out in Article 5(4) TEU, the content and form of Union action should not exceed what is necessary to achieve the objectives of the Treaties. The recourse to the specific Mechanism set up under this Regulation to resolve legal obstacles in cross-border regions is voluntary. Where a Member State decides, for a specific joint project with one or more neighbouring Member States, to continue to resolve legal obstacles in a specific cross-border region under the effective mechanisms it has set up at national level or which it has set up formally or informally, together with one or more neighbouring Member States, the Mechanism set up under this Regulation does not need to be selected. Likewise, where a Member State decides, for a specific joint project with one or more neighbouring Member States, to join an existing effective mechanism set up formally or informally by one or more neighbouring Member States, provided that mechanism allows for accession, again, the Mechanism set up under this Regulation does not need to be selected. Finally, where a Member State decides together with one or more neighbouring Member States, to set up formally or informally a new effective mechanism to resolve legal obstacles hampering the implementation of a joint project in cross-border regions, the Mechanism set up under this Regulation does not need to be selected. This Regulation does therefore not go beyond what is necessary in orde…
AddedRecital 26: (26) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data (Article 8), the right to education (Article 14), the freedom to choose an occupation and the right to engage in work (Article 15), in particular the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State, the freedom to conduct business (Article 16), access to social security and social assistance (Article 34), access to health care (Article 35), access to services of general economic interest (Article 36) and a high level of environmental protection in accordance with the principle of sustainable development (Article 37).
RemovedArticle 1 – paragraph 1: 1. This Regulation sets up a voluntary mechanism to allow for the application in one Member State, with regard to a single joint project in a cross-border region, of the legal provisions from another Member State, where the application of the legal provisions of the former would constitute a legal obstacle hampering the implementation of a joint Project ('the Mechanism').
AddedRecital 28: (28) In accordance with the principle of proportionality, as set out in Article 5(4) TEU, the content and form of Union action should not exceed what is necessary to achieve the objectives of the Treaties. The recourse to the specific Mechanism set up under this Regulation to resolve legal obstacles in cross-border regions is voluntary and in no way precludes the use of alternative comparable instruments. Where a Member State decides, for a specific joint project with one or more neighbouring Member States, to continue to resolve legal obstacles in a specific cross-border region under the effective mechanisms it has set up at national level or which it has set up formally or informally, together with one or more neighbouring Member States, the Mechanism set up under this Regulation does not need to be selected. Likewise, where a Member State decides, for a specific joint project with one or more neighbouring Member States, to join an existing effective mechanism set up formally or informally by one or more neighbouring Member States, provided that mechanism allows for accession, again, the Mechanism set up under this Regulation does not need to be selected. Finally, where a Member State decides together with one or more neighbouring Member States, to set up formally or informally a new effectivemechanism to resolve legal obstacles hampering the implementation of a joint project in cross-border regions, the Mechanism set up under this Regulation does not need to be selected. T…
AddedRecital 30 a (new): (30a) This Regulation should comply with the subsidiarity principle. It does not affect, by any means, the sovereignty of Member States nor contradict their constitutions.
AddedArticle 1 – paragraph 1: 1. This Regulation sets up a voluntary mechanism to allow for the application in one Member State, with regard to a single joint project in a cross-border region, of the legal provisions from another Member State, where the application of the legal provisions of the former would constitute one or more legal obstacles hampering the implementation of a joint Project ('the Mechanism').
AI: Note on change 4 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Adds recitals 26 and 30a on fundamental rights and subsidiarity, and amends Article 1 to allow multiple legal obstacles.
Change 5
ChangedArticle 41 – paragraph 1: 1. Member States3 may– eitherpoint optc: for(c) the Mechanism or optlegal forprotection existingof wayspersons toresident resolvein legala obstaclescross-border hamperingregion theor implementationthose ofwho alive jointthere projectfor ina cross-borderlimited regionsperiod with one or moreregard neighbouringto Memberthe States.Mechanism.
AI: Note on change 5 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Adds Article 1, paragraph 3, point c, extending legal protection to persons resident or living temporarily in cross-border regions.
Change 6
RemovedArticle 4 – paragraph 2: 2. A Member State may also decide, with regard to a joint project in cross-border regions, with one or more neighbouring Member States, to join an existing effective way set up formally or informally by one or more neighbouring Member States.
AddedArticle 3 – paragraph 1 – point 1: (1) 'cross-border region' means the territory covered by neighbouring land or maritime border regions in two or more Member States at NUTS level 3 regions;
RemovedArticle 4 – paragraph 2 a (new): 2a. A Member State may also decide together with one or more neighbouring Member States to set up formally or informally a new effective mechanism to resolve legal obstacles hampering the implementation of a joint project in cross-border regions.
AddedArticle 3 – paragraph 1 – point 2: (2) 'joint project' means any item of infrastructure with an impact in a given cross-border region or any service of general economic interest provided in a given cross-border region, regardless of whether this impact appears on both sides of the border or only on one side thereof;
RemovedMember States may opt for the mechanism but could also choose to join existing mechanisms to resolve legal obstacles, or even to create new mechanisms to do so.
AddedArticle 3 – paragraph 1 – point 5: (5) 'initiator' means the actor who identifies one or more legal obstacles and triggers the Mechanism by submitting an initiative document;
AI: Note on change 6 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Adds definitions for cross-border region, joint project, and initiator, and removes Article 4(2) and (2a) on joining or creating mechanisms.
Change 7
ChangedArticle 54 – paragraph 11: –1. introductoryMember part:States 1.may Eachopt Memberfor Statethe shallMechanism establishor oneopt orfor moreother Cross-borderways Coordinationto Pointsresolve legal obstacles hampering the implementation of a joint project in cross-border regions with one ofor themore followingneighbouring ways:Member States.
AI: Note on change 7 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Amends Article 4(1) to allow Member States to opt for the Mechanism or other ways to resolve obstacles.
Change 8
AddedArticle 4 – paragraph 2: 2. A Member State may, with regard to a joint project in cross-border regions, with one or more neighbouring Member States, join an existing effective way set up formally or informally by one or more neighbouring Member States or shall apply the Mechanism in respect of the Statement.
AddedArticle 4 – paragraph 3: 3. Member States may also apply the Mechanism to a joint project in a cross-border region between one or more Member States and one or more third countries or one or more overseas countries and territories on a voluntary basis in relation to all parties concerned.
AddedArticle 5 – paragraph 1 – introductory part: 1. Each Member State shall establish or designate one or more Cross-border Coordination Points in one of the following ways:
AI: Note on change 8 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Adds Article 4(2) and (3) allowing joining existing mechanisms or applying the Mechanism to third countries, and Article 5(1) on coordination points.
Show 11 more changes
Change 9
AddedArticle 7 – paragraph 1 – point b: b) create, publish and keep an up-dated database of all national and regional Cross-border Coordination Points;
AddedArticle 7 – paragraph 1 a (new): 1a. The Commission shall prepare a supporting communication strategy with the aim of: / (a) promoting the exchange of best practices; / (b) providing practical information and interpretation of the subject area and the thematic focus of this Regulation; and / (c) clarifying the precise procedure for concluding a Commitment or Statement.
AddedThe implementation of the Regulation should be accompanied by an information campaign providing clear and practical information that will facilitate its application by stakeholders.
AddedArticle 8 – paragraph 1: 1. The initiator shall identify one or more legal obstacles with regard to the planning, development, staffing, financing or functioning of a joint project.
AddedArticle 9 – paragraph 1 – point a: (a) a description of the joint project and of its context, of one or more corresponding legal obstacles in the committing Member State as well as of the rationale for resolving one or more legal obstacles;
AddedArticle 9 – paragraph 1 – point b: (b) a list of the specific legal provisions of the transferring Member State resolving one or more legal obstacles or, where no appropriate legal provision exists, a proposal for an ad hoc legal resolution;
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AddedArticle 10 – title: Preliminary analysis of the initiative document by the committing and transferring Member State or States
AI: Note on change 9 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Adds Article 7(1)(b) and (1a) on database and communication strategy, and amends Articles 8, 9, and 10 title to clarify procedures.
Change 10
ChangedArticle 10 – paragraph 2 –1 introductorya part:(new): 2.1a. Within sixthree months afterof receipt of thean initiative documentdocument, the competent Cross-border Coordination Point shallof take,the onetransferring orMember moreState ofshall thesend followingits actions,preliminary reaction to bethe transmittedcompetent toCross-border Coordination Point of the initiatorcommitting inMember writing:State.
AI: Note on change 10 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Adds Article 10(1a) requiring the transferring Member State to send a preliminary reaction within three months.
Change 11
AddedArticle 10 – paragraph 2 – introductory part: 2. Within six months after receipt of the initiative document the competent Cross-border Coordination Point of the committing Member State shall take, one or more of the following actions, to be transmitted to the initiator in writing:
AI: Note on change 11 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Adds Article 10(2) introductory part, requiring the committing Member State to take actions within six months.
Change 12
ChangedArticle 10 – paragraph 2 – point f a (new):d: (fa)(d) redirectinform the initiator toabout optits forassessment anthat existingone mechanismor asmore referredlegal toobstacles consist in Articleone 4(2)of tothe resolvecases thelisted legalin obstacleArticle hampering12(4) and describe the implementationcommitment of the jointcompetent projectcommitting authority, to change or adapt that legal obstacle;
AI: Note on change 12 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Amends Article 10(2)(d) to require informing the initiator about assessment of legal obstacles and commitment to change them.
Change 13
RemovedArticle 11 – paragraph 1: Within three months of receipt of an initiative document, the competent Cross-border Coordination Point of the transferring Member State shall send its preliminary reaction to the competent Cross-border Coordination Point of the committing Member State.
AddedArticle 10 – paragraph 2 – point e: (e) inform the initiator about its assessment that one or more legal obstacles consist in one of the situations under Article 12(4) while setting out its reasons to refuse to change or adapt that legal obstacle and referring to the means of legal redress against that decision under the law of the committing Member State;
RemovedYour rapporteur is of the opinion that preparing a draft commitment or statement as described in article 13 can only happen in good cooperation between committing and transferring Member States. In order to have input from the transferring Member State (who is more familiar with its own legal provisions that might transfer to the committing Member State) he changes this article to oblige the transferring Member State to send their preliminary reaction to the analysis of the initiative document.
AddedArticle 10 – paragraph 2 – point f a (new): (fa) redirect the initiator to opt for an existing mechanism as referred to in Article 4(2) to resolve one or more legal obstacles hampering the implementation of the joint project or to directly transmit the initiative document to the competent body under the correspondingt mechanism;
AddedArticle 10 – paragraph 2 – point f b (new): (fb) inform the initiator that one or more of the Member States concerned have decided not to resolve one or more of the legal obstacles identified by the initiator while setting out the reasons for that decision in writing.
AddedArticle 11: deleted / (deleted) / (deleted)
AI: Note on change 13 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Adds Article 10(2)(e), (fa), and (fb) on refusal reasons and redirecting to existing mechanisms, and deletes Article 11.
Change 14
ChangedArticle 1312 – paragraph 1:3: The3. Cross-borderWhere Coordinationthe Pointanalysis orby the competent committingCross-border authorityCoordination Point of the committing Member State shallor drawthe upcompetent acommitting draftauthority Commitmentconcludes that one or amore draftlegal Statementobstacles described in accordancethe withinitiative Articledocument 14,is based on thea initiativemisunderstanding documentor andmisinterpretation itsof preliminarythe analysisrelevant thereoflegislation asor wellon the preliminary reactionlack of sufficient information about the competentrelevant Cross-borderlegislation, Coordinationthe Pointprocedure ofends by informing the transferringinitiator Memberabout Statethe asassessment referredthat tothere inis Articleno 11.legal obstacle.
AI: Note on change 14 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Amends Article 12(3) to end the procedure if legal obstacles are based on misunderstanding, informing the initiator.
Change 15
AddedArticle 12 – paragraph 4: 4. Where one or more legal obstacles consists only in an administrative provision, rule or administrative practice of the committing Member State or in a an administrative provision, rule or administrative practice clearly distinct from a provision adopted under a legislative procedure and can therefore be changed or adapted without a legislative procedure, the competent committing authority shall inform the initiator in writing its refusal or willingness to change or adapt the relevant administrative provision, rule or administrative practice within eight months.
AddedArticle 14 – paragraph 1 – subparagraph 1 – point a: (a) the description of the joint project and of its context, of one or more corresponding legal obstacles as well as of the rationale for resolving one or more legal obstacles;
AddedArticle 14 – paragraph 1 – subparagraph 1 – point b: (b) the list of the specific legal provision or provisions constituting one or more legal obstacles and which shall therefore not apply to the joint project;
AI: Note on change 15 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Adds Article 12(4) on administrative obstacles and amends Article 14(1) to clarify content of draft Commitment.
Change 16
ChangedArticle 17 – paragraph 1 – point a: (a) in the case of point (a) of Article 16(1), finalise the Commitment or the Statement, sign twothree original copies and send one back to the competent Cross-border Coordination Point of the transferring Member State for signature;
AI: Note on change 16 · formal Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Changes the number of original copies to sign from two to three in Article 17(1)(a).
Change 17
ChangedArticle 17 – paragraph 1 – point b: (b) in the case of point (b) of Article 16(1), amend the Commitment or the Statement as regards the information in the draft Commitment or the draft Statement covered by points (f) and (h) of Article 14(1) accordingly, finalise the Commitment or Statement, sign twothree original copies and send one back to the competent Cross-border Coordination Point of the transferring Member State for signature;
AI: Note on change 17 · formal Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Changes the number of original copies to sign from two to three in Article 17(1)(b).
Change 18
ChangedArticle 25 – paragraph25: 1:1. By dd mm yyyy [i.e. the 1st of the month following the entry into force of this Regulation + three years; to be filled in by the Publication Office], the Commission shall present a report to the European Parliament, the Council and the Committee of the Regions assessing the application of this Regulation based on indicators on its effectiveness, efficiency, relevance, European added value and scope for simplification. / 2. In the report referred to in paragraph 1, the Commission shall make particular reference to this Regulation’s geographical and thematic scope as defined in points (1) and (2) of Article 3 respectively. / 3. Before the report is prepared, the Commission shall carry out a public consultation with the various actors involved, including local and regional authorities and civil society organisations.
AI: Note on change 18 · substance Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Amends Article 25 to require the Commission's report to include specific reference to scope and a public consultation.
Change 19 under “EXPLANATORY STATEMENT”
Added26.10.2018
AI: Note on change 19 · formal Written by AI from the official text — check the source · deepseek-v4-flash · 4 Sept 2026
Adds a date 26.10.2018 under the explanatory statement.
Sources & citation
Where the facts on this page come from, and how to cite it.
- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2018). “Changes between REGI-PR-628357 and A-8-2018-0414”. Text, 29 November 2018. from REGI-PR-628357, to A-8-2018-0414. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/REGI-PR-628357/compare/A-8-2018-0414 (retrieved 25 September 2026). Data: European Parliament Open Data, https://data.europarl.europa.eu/ (CC BY 4.0).
BibTeX
@misc{epw-text-2018-11-29,
author = {{European Parliament}},
title = {{Changes between REGI-PR-628357 and A-8-2018-0414}},
year = {2018},
date = {2018-11-29},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/REGI-PR-628357/compare/A-8-2018-0414}},
url = {https://news.eu-parl.st-solutions.dev/texts/REGI-PR-628357/compare/A-8-2018-0414},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. from REGI-PR-628357, to A-8-2018-0414. Data: European Parliament Open Data (CC BY 4.0)}
}