EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

On 30 June 2020, the Council, upon a proposal from the Commission, adopted Council Recommendation (EU) 2020/912 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction (the Recommendation) that provided for the gradual lifting of travel restrictions into the EU imposed at the beginning of the COVID-19 pandemic.

The Recommendation set a number of criteria for determining the third countries from which non-essential travel should be allowed to the Member States and other countries to whom the Schengen acquis applies. Third countries, special administrative regions, and other entities and territorial authorities (‘third countries and regions’) fulfilling the criteria were included in Annex I to the Recommendation. Furthermore, the Recommendation, in its Annex II, provided for a list of essential needs and functions that justify travel from third countries that are not included in the list of Annex I.

The Recommendation was amended on 2 February 2021 and on 20 May 2021 in order, in particular, to adapt the criteria used to the development of the epidemiological situation, to take account of the roll-out of the vaccination campaigns worldwide and to provide for measures helping to contain the spread of variants of concern and of variants of interest. Furthermore, since its adoption, the Council amended Annex I twelve times in order to add or remove countries from the list of third countries and regions for which the restriction on non-essential travel could be lifted.

On 22 February 2022, the Recommendation (EU) 2022/290 was further amended by in order to take into account, in particular, the introduction of the EU Digital COVID certificate by Regulations (EU) 2021/953 and (EU) 2021/954. Furthermore, that Recommendation called on the Commission to review the Recommendation, with a view to deleting Annex I, taking into account the increasing vaccination uptake worldwide, allowing to move from a country-based to a person-based risk assessment approach to travel. The Commission was then asked to report to the Council, and, as appropriate, to submit a proposal to delete Annex I to the Recommendation.

The list of third countries and regions exempt from restrictions on the basis of objective criteria (Annex I) was a useful and proportionate means to keep open the external borders to both non-essential and essential travellers in June 2020 and later, when the production of vaccines was not yet keeping up with the worldwide demand. Nonetheless, this is no longer the case. Since then, the European Medicines Agency (EMA) and the World Health Organisation (WHO) have authorised an increasing number of COVID‑19 vaccines have been authorised and produced that hence have been administered in the EU and beyond. It is for this reason that the Commission proposes again to remove Annex I from the Recommendation.

To date, the uptake of the primary vaccination course against COVID-19 in the total population of the EU/EEA had reached 72.7% on 6 October 2022 and has been plateauing since April 2022. The uptake of the first booster/additional dose in the total population was 53.9%.

Worldwide vaccination campaigns have progressed steadily. The current total rate of vaccination of the global population by 7 October 2022 stood at 61.8% for the full first vaccination course of the world’s population. However, this figure presents important disparities between countries and regions, with a much lower uptake in developing ones, and has been plateauing as well since April 2022.

Moreover, the European Medicines Agency (EMA) approved on 1 September 2022 two bivalent mRNA vaccines targeting the Omicron subvariant BA.1, in addition to the original strain of SARS-CoV-2, developed by Pfizer/BioNTech and Moderna and, on 12 September 2022, an additional bivalent mRNA vaccine, developed by Pfizer/BioNTech, targeting the Omicron BA.4 and BA.5 subvariants, as well as the original virus. Moreover, a second category of protein-based vaccines, awaited this autumn or winter, will further complement the EU’s broad vaccine portfolio.

Furthermore, the implementing decisions establishing that COVID-19 certificates issued by a third country to the EU citizens and their family members, as well as to the third country nationals legally residing and staying in the EU are to be considered as equivalent to certificates issued by Member States in accordance with Regulation (EU) 2021/953 on the EU Digital COVID Certificate (“equivalence decisions”) further facilitate the possibility to resume travel into the EU by establishing a framework for the recognition of third-country testing, vaccination and recovery certificates.

In addition, while the overall notification rate of COVID-19 cases in the EU/EEA might continue to fluctuate over time, we need to look at severity indicators like hospitals and Intensive Care Unit occupation that, although also continue to fluctuate, for the moment remain under control. The summer wave of 2022 exemplifies how high virus circulation, following the emergence of a new variant of concern, does not necessarily lead to substantial pressure on national healthcare systems. This highlights the importance of a prudent approach when considering the introduction of travel restrictions based on the number of cases or on the presence of a new variant.

On 15 September 2022, in the framework of the Integrated Political Crisis Response, the Presidency invited Member States to share their views on the coordinated approach to the lifting of restrictions at external borders in accordance with the Recommendation. All States participating in the area without controls at internal borders (the “Schengen area”), including Norway, Switzerland, Liechtenstein and Iceland noted that they currently have no restrictions (or were in the process of removing them) and do not intend to re-introduce any, unless due to a specific concern linked to the emergence of a new variant of concern or of interest appears. All States that took the floor supported the removal of Annex I from the Recommendation, as well as the lifting of travel restrictions.

In view of the above, and if the epidemiological situation remains stable, including with the circulation of known SARS-CoV-2 variants, the Commission considers that restrictions to travel to the Union should be lifted. However, in line with the clear majority of participating States, the Commission considers that the so-called emergency brake provided for in the Recommendation should be maintained. At the same time, experience has shown that there is a need to apply also a common approach when it comes to lifting the emergency brake, in order to avoid lengthy, disproportionate and unnecessary restrictions to international travel.

Finally, despite the past positive developments set out above, the SARS-CoV-2 virus remains active and continues to circulate worldwide and the pandemic is not over. New waves of infections that could cause the epidemiological situation to deteriorate, including as a result of the emergence of a new variant of concern or of interest, cannot be excluded. Indeed, as reported by the European Centre for Disease Prevention and Control (ECDC) on 7 October 2022, the epidemiological picture suggests increasing transmission in most Member States, however with no indication of changes in the distribution of circulating variants. In such a case, Member States and Schengen Associated Countries should be ready to reintroduce in a coordinated manner some or all restrictions.