The Cross-border Impact Assessment 2024, compiled by the interdisciplinary team of researchers at the Institute for Transnational and Euregional cross border cooperation and Mobility / ITEM, aims to map the effects of European and national legislation and policies on border regions. The researchers presented their dossiers in a video pitch during the Annual Conference in Ghent (B). This year’s report consists of 6 dossiers with a variety of topics such as the European Border Impact Assessment and cohesion policy for border regions, the Benelux Police Treaty and the new Tax Treaty Netherlands-Belgium. The report is intended to be a valuable tool for policy makers at regional, national and European level to visualize the effects on the border region and cross-border cooperation.
The dossiers
There is a certain ‘border blindness’ that calls for better ‘place-based’ policy and legislation. For EU policy and legislation, there is a Toolkit for Impact Assessment. One of the tools is the Territorial Impact Assessment, which however is not mandatory and therefore not always applied. This is the focus of the first dossier Opportunity Analysis: European Border Impact Assessment and Cohesion Policy for Border Regions. With the ongoing renewal of the Cohesion Policy, this analysis looks at how EU policy can and should take better account of cross-border regions and which actors should be set up accordingly.
The second dossier, Facilitating Cross-border Solutions – proposed EU Regulation, looks at how to better address border obstacles and provide ad hoc solutions where possible. To this end, the Regulation establishes national and/or regional Cross-border Coordination Points, designated to better structure border obstacles. This case study assesses the effects on border regions in Europe. Some countries already have collaborations and structures in place, while others do not yet. How does the impact differ between border regions? Together with TEIN partners, different border regions are examined and compared.
On Oct. 1, 2023, the new Treaty between Belgium, Luxembourg and the Netherlands on police cooperation entered into force: the BENELUX Police Treaty. This happened more than 5 years after the treaty was signed in 2018. The treaty replaces the 20-year-old 2004 Treaty on Cross-Border Police Action. Dossier three, the BENELUX Police Treaty, will border regions become safer? examines the question of whether, in terms of border effects, this treaty can be seen as a particular milestone in border regional crime control. Does it lead to more or better trans-regional cohesion in the border region? Does the treaty contribute to European integration in the area of societal security? How groundbreaking is the Benelux Police Treaty compared to, for example, the 2004 Benelux Police Treaty, the Prüm Treaty, or the Mutual Legal Assistance in Criminal Matters Treaty when it comes to border-regional cooperation in crime control? Will the Police Treaty be more effective in border regions than the latter agreements? On the basis of comparing the above-mentioned treaties, interviews with experts involved and an analysis of parliamentary documents, literature and media reports, an attempt will be made to answer the above-mentioned questions.
The fourth dossier, Cannabis-Gesetz , involves research as part of a PREMIUM project by a multidisciplinary student team. In this file, the students look at the border effects of the Cannabis-Gesetz between Germany and the Benelux countries, with a focus on the Netherlands and Belgium. On 1 April 2024, the Cannabis-Gesetz entered into force in Germany. The bill legalises cannabis under certain conditions, such as a limit of 25 grams and a maximum of three cannabis plants in the home. In addition, sales under the umbrella of cannabis clubs should become possible. What does this mean for e.g. Dutch border municipalities and coffee shops? How do the border regions of the Netherlands-Germany compare with Belgium-Germany? A multidisciplinary PREMIUM team of master students is conducting the research.
The fifth dossier, examines the impact of recent EU legislation on industrial policy in border regions. The dossier analyzes current EU strategies in this area, with a particular focus on recent legislative proposals. In February 2024, the Council and the European Parliament reached a preliminary agreement on the “net-zero industry act.” This legislation simplifies permitting procedures for investments in green technologies, supports strategic projects that contribute to the transition to a carbon-free economy, facilitates access to markets for technology products, establishes rules for public support, and improves the skills of the European workforce.
In addition, on Feb. 23, 2022, the European Commission published a legislative proposal for a directive on sustainability due diligence. This proposal aims to promote responsible and sustainable corporate behavior in global value chains. Companies would be required to identify and prevent or mitigate negative impacts of their activities on human rights, such as child labor and exploitation, and on the environment, such as pollution and loss of biodiversity.
How will these proposals affect companies in the border regions between the Netherlands, Germany and Belgium? What aspects positively or negatively affect industrial activities and investments in these areas?
And finally, dossier 6 New Tax Treaty Netherlands-Belgium looks at the ex-ante effects of the new tax treaty for the Dutch-Belgian border region. On June 21, 2023, the Netherlands and Belgium signed the new tax treaty. This treaty replaces the 2001 treaty. The new tax treaty is important to prevent double taxation, combat abuse and it provides a solution for some ongoing bottlenecks under the current treaty, including for teachers, professors and athletes and artists. However, other (long-term) bottlenecks, such as the taxation of cross-border pensions and home working by frontier workers, remain untouched. A joint explanation of the treaty will be provided in due course. After that, the treaty can enter into force; it is expected to do so in 2025.
Cross-border Impact Assessment dossiers are chosen annually based on a survey of ITEM stakeholders and other interested parties. In addition, topics may also be highlighted in the context of ITEM’s day-to-day activities under the ITEM annual cycle. The files again show the importance of testing for border effects, as is also mandatory in the Netherlands since 2022 for new legislation and policies under the Integral Assessment Framework.
Also read the summary of all Cross-Border Impact dossiers and download the infographic