Once again this year, the annual report of the Institute for Transnational and Euregional cross-border cooperation and Mobility / ITEM offers new insights into the effects on border regions of European and national legislation and policy initiatives. The 2022 Cross-Border Impact Assessment is intended to be a valuable tool for policy-makers at regional, national and European level to capture the effects on the border region and cross-border cooperation.
Border effects come in many forms. The ITEM Border Effects methodology, as highlighted in the video below, focuses on three overarching themes for which border effects are analysed:
European integration: the border effects of certain legislation and policies from the perspective of citizens, associations and companies related to the objectives and principles of European integration (i.e. freedoms, citizenship, non-discrimination);
Socio-economic/sustainable development: the border effects of legislation and policies on economic development in the border region;
Euroregional cohesion: the border effects of legislation and policies on cohesion and cross-border governance structures in border regions (e.g. cooperation with governments, citizens, entrepreneurs, etc.).
This year’s report includes about seven dossiers, chosen 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 topics are again varied, from the border effects of a fireworks ban to regulation on platform workers. The dossiers were nominated by the respective ITEM researchers through a pitch, which can be viewed on YouTube. The files show (once again) the importance of testing for border effects, as has been mandatory in the Netherlands since 2022 for new legislation and policy under the Integral Assessment Framework.
European health data space
The first dossier looks at the European health data space as an ex-ante analysis. On 3 May 2022, the European Commission published a proposal for a regulation establishing a ‘European Health Data Space’ (EHDS). The EHDS would create a digital infrastructure for health data, facilitating the sharing of health data across the EU. This dossier analyses the potential impact of the EHDS on the Meuse-Rhine Euroregion, should the proposal be implemented.
Cross-border effects of the EU proposal for a directive on platform workers
Another European proposal analysed in the Cross-Border Impact Assessment concerns the EU proposal for a directive on platform workers in the second dossier. Today, more than 28 million people in the EU work online through digital work platforms. By 2025, their number is expected to rise to 43 million people. In response to this fast-growing labour market and an unclear legal framework, the European Commission has proposed a directive to improve the working conditions and social rights of platform workers, demand greater transparency from digital work platforms and promote their sustainable growth. This dossier assesses the potential cross-border implications of the proposed legislation through ex-ante analysis.
Energy transition and Energy security
What implications does the current legal, spatial and economic framework for cross-border cooperation on renewable energy and related climate challenges? This relates to the assumption expressed by many stakeholders that border regions are at a huge disadvantage when they fulfiltheir commitments to renewable energy targets and other energy transition objectives. The focus is on German-Dutch relations in the third file; Energy transition and energy security: The effects of the current legal, spatial and economic framework on sustainable cross-border projects (and cross-border cooperation in times of energy crisis).
Cross-border exchange of information in the fight against organised crime (ex-ante)
The fourth dossier is on the Cross-border exchange of information in the fight against organised crime (ex ante). Organised crime does not stop where the border begins. To tackle the problem of cross-border organised crime, the European Commission has put forward two legislative proposals under the Security Union strategy. These consist of a draft directive and a draft regulation. This file assesses the potential effects of both measures on the cross-border regions of the Netherlands, Germany and Belgium, if implemented.
Border effects of the Dutch fireworks prohibition (ex-ante)
The fifth dossier highlights the Border effects of the Dutch fireworks ban (ex-ante). The Netherlands banned the sale, transport, possession outside the home and setting off fireworks. This was described as a temporary measure to reduce the number of hospital admissions during the COVID19 crisis and thus ease the pressure on health workers. At the time, these measures were different in Belgium and Germany, where fireworks remained(partly) legal. This dossier evaluates the border effects of the Dutch fireworks ban, as there is a bill proposing to make the ban permanent .
Has the border resident’s perception of the “border” changed since the COVID-19 crisis? (opinion piece)
The sixth file, being an opinion piece, focuses on border residents‘ perceptions of “border” and “identity” after the COVID-19 crisis: how do we establish it? During the COVID-19 crisis, the (physical) borders between EU member states were re-erected. This phenomenon probably influenced residents’ perceptions of the border. Especially in a cross-border region like the Meuse-Rhine Euroregion, where a 360° perspective is promoted when it comes to cross-border cooperation, living and working, deeper insights into such perceptions are important when thinking about ideas like Euroregional identity. Comments on these aspects will be made this year as a follow-up to the two research papers on the 2020 and 2021 corona pandemic. Additionally, it serves as the foundation for developing a uniquely localised barometer on identity, which will be expanded upon in future research.
The cross-border effects of the Dutch Nitrogen policy (student dossier)
The seventh and final file is a student file on the cross-border effects of the Dutch nitrogen policy. In 2019, the Dutch nitrogen policy was deemed contrary to European regulations by the Dutch Council of State, following an earlier preliminary ruling by the Court of Justice of the EU to the same effect. In response to these assessments, the Dutch government rolled out a mix of measures to reduce nitrogen. These range from lowering the speed limit on motorways to establishing subsidy schemes for adapting farms. Because nitrogen emissions across borders affect nature, health, agriculture and industry there, this dossier assesses the border effects of Dutch nitrogen policy in its current form. The study was carried out as part of a PREMIUM project by a multidisciplinary student team.
