COUNCIL RECOMMENDATION (EU) 2022/108

of 25 January 2022

amending Recommendation (EU) 2020/1632 as regards a coordinated approach to facilitate safe travel during the COVID-19 pandemic in the Schengen area

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(c) and (e) and Article 292, first and second sentence thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) In accordance with Article 67 TFEU, the Union shall constitute an area of freedom, security and justice, in which the absence of internal border controls for persons shall be ensured. Under the Schengen acquis, internal borders may be crossed at any point without a border check on persons being carried out, irrespective of their nationality. This includes third country nationals lawfully residing in the EU and third country nationals who have legally entered the territory of a Member State and who may travel freely within the territories of all other Member States for up to 90 days in any 180-day period.

(2) On 30 January 2020, the Director-General of the World Health Organization (WHO) declared a public health emergency of international concern over the global outbreak of novel coronavirus, which causes Coronavirus disease 2019 (COVID-19). On 11 March 2020, the WHO made the assessment that COVID-19 can be characterised as a pandemic.

(3) To limit the spread of the SARS-Cov-2 virus, the Member States have adopted various measures, some of which have had an impact on the right to reside and travel freely within the territory of the Member States, including for third-country nationals legally staying or residing on a Member State territory, such as restrictions on entry or requirements for cross-border travellers to undergo quarantine. These measures have had a detrimental and disproportionate impact due to checks on persons, whatever their nationality, when crossing internal borders within the Schengen area.

(4) On 13 October 2020, on a proposal from the Commission, the Council adopted Recommendation (EU) 2020/1475 on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic (1). That recommendation defines general principles and common criteria, including common thresholds when considering restrictions to free movement in response to the COVID-19 pandemic. It also establishes a common framework as regards possible measures for travellers coming from higher risk areas. It recommends to Member States to coordinate and to communicate to public when restrictive measures are adopted.

(5) Council Recommendation (EU) 2020/1632 (2) recommends that the general principles, common criteria, common thresholds and common framework of measures, including recommendations on coordination and communication as laid down in Recommendation (EU) 2020/1475 should also be applied with respect to travel within the area without controls at internal borders.

(6) In order to take account of developments in the evolution of the COVID-19 pandemic since the adoption of Recommendation (EU) 2020/1475, the Council has, on the basis of a proposal by the Commission, replaced that Recommendation with Recommendation (EU) 2022/108.

(7) In order to ensure that the common criteria, thresholds and framework of measures applied by Member States to facilitate safe travel within the area without controls at internal borders during the COVID-19 pandemic remain up-to-date and fully aligned with the common approach intended to facilitate the freedom of movement as laid down in Recommendation (EU) 2022/108, the reference in Council Recommendation (EU) 2020/1632 to Recommendation (EU) 2020/1475 should be replaced by a reference to Recommendation (EU) 2022/108.

(8) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union and to the TFEU, Denmark is not taking part in the adoption of this Recommendation and is not bound by it or subject to its application. Given that this Recommendation builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of the said Protocol, decide within a period of six months after the Council has decided on this Recommendation whether it will implement it.

(9) This Recommendation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC; Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

(10) As regards Bulgaria, Croatia, Cyprus and Romania, this Recommendation constitutes a development of the Schengen acquis within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession, Article 4(2) of the 2005 Act of Accession and Article 4(2) of the 2011 Act of Accession.

(11) As regards Iceland and Norway, this Recommendation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point C, of Council Decision 1999/437/EC (3).

(12) As regards Switzerland, this Recommendation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point C, of Decision 1999/437/EC (4) read in conjunction with Article 3 of Council Decision 2008/146/EC (5).

(13) As regards Liechtenstein, this Recommendation constitutes a development of provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1 point C, of Decision 1999/437/EC (6) read in conjunction with Article 3 of Decision 2011/350/EU (7),

HAS ADOPTED THIS RECOMMENDATION:

Recommendation (EU) 2020/1632 is amended as follows:

In the sole recommendation, ‘Council Recommendation (EU) 2020/1475’ is replaced by ‘Council Recommendation (EU) 2022/108’. Done at Brussels, 25 January 2022. For the Council The President C. BEAUNE

(1) Council Recommendation (EU) 2020/1475 of 13 October 2020 on a coordinated approach to the restriction offree movement in response to the COVID-19 pandemic (OJ L 337, 14.10.2020, p. 3).

(2) Council Recommendation (EU) 2020/1632 of 30 October 2020 on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic in the Schengen area (OJ L 366, 4.11.2020, p. 25).

(3) OJ L 176, 10.7.1999, p. 36.

(4) OJ L 53, 27.2.2008, p. 52.

(5) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).

(6) OJ L 160, 18.6.2011, p. 21.

(7) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).