Proposal for a COUNCIL RECOMMENDATION on the temporary restriction on non-essential travel into the EU
Date: 2020-06-25
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU restrictive measure, Schengen Agreement, border control, epidemic, external border of the EU, infectious disease, internal border of the EU, public health, third country, travel

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   EUROPEAN COMMISSION  Brussels, 25.6.2020  COM(2020) 287 final 2020/0134 (NLE)  Proposal for a COUNCIL RECOMMENDATION on the temporary restriction on non-essential travel into the EU  
 
EXPLANATORY MEMORANDUM 

1. 

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CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

On 10 March 2020, the Heads of State or Government of the EU emphasised the need for a 
joint  European  approach  with  regard  to  the  COVID-19  pandemic.  On  16  March  2020,  the 
Commission  adopted  a  Communication1  recommending  a  temporary  restriction  of  non-
essential  travel  from  third  countries  into  the  EU+  area2.  On  17  March  2020  EU  Leaders 
agreed  on  coordinated  action  at  external  borders  based  on  the  recommendation  from  the 
Commission. Since then, all EU Member States (with the exception of Ireland) and Schengen 
Associated States (hereafter ‘Member States’) have taken national decisions to implement the 
travel restriction3.  
On 8 April 20204 and 8 May 20205, the Commission adopted two follow-up Communications. 
In the latter, the Commission invited the Member States to prolong the travel restriction until 
15 June 2020. 

In  their  meeting  of  5  June  2020,  Home  Affairs  Ministers  discussed  how  long  the  EU  entry 
restrictions  for  third  country  nationals  should  be  maintained  as  well  as  the  criteria  and 
measures  that  should  be  applied  when  deciding  to  gradually  lift  such  restrictions  for 
individual third countries. In line with the ‘Joint European Roadmap towards lifting COVID-
19 containment measures’6 of 15 April, consensus was reached on the need to first lift internal 
border  controls  and  then  follow  a  unified  approach  to  the  gradual  lifting  of  restrictions  on 
non-essential  travel  to  the  EU.  The  Commission  was  invited  to  propose  a  coordinated  way 
forward based on clear criteria. 
On 11 June 2020, the Commission  adopted a Communication7 that recommends  prolonging 
the travel restriction until 30 June 2020 and sets out an approach for the gradual lifting of the 
restriction on non-essential travel into the EU as of 1 July 2020. The objective of this proposal 
is to operationalise this approach in the form of a Council recommendation. 

• 

Consistency with existing policy provisions in the policy area 

This recommendation serves to implement the existing provisions in the policy area, namely 
carrying out checks on persons and efficient monitoring of the crossing of external borders. 

• 

Consistency with other Union policies 

This recommendation is in line with other Union policies, including those regarding external 
relations and public health. 

1 
2 

3 

4 
5 
6 

7 

COM(2020) 115, 16 March 2020. 
The  “EU+  area”  includes  all  Schengen  Member  States  (including  Bulgaria,  Croatia,  Cyprus  and 
Romania),  as  well  as  the  four  Schengen  Associated  States.  It  also  includes  Ireland  and  the  United 
Kingdom if they decide to align.  
The  United  Kingdom  has  also  been  encouraged  to  implement  this  temporary  travel  restriction,  but 
decided against doing so. As UK nationals are, until the end of the transition period, still to be treated in 
the same way as EU citizens, they are exempt from the travel restriction.  
COM(2020) 148, 8 April 2020. 
COM(2020) 222, 8 May 2020. 
https://ec.europa.eu/info/sites/info/files/communication_-
_a_european_roadmap_to_lifting_coronavirus_containment_measures_0.pdf  
COM(2020) 399, 11 June 2020. 

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2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The Treaty on the Functioning of the European Union (TFEU), and in particular Article 292, 
2nd sentence, and point (b) of Article 77 (2) thereof 

• 

Subsidiarity (for non-exclusive competence)  

Article  292  TFEU  enables  the  Council  to  adopt  recommendations.  According  to  the  second 
sentence  of  this  provision,  the  Council  shall  act  on  a  proposal  from  the  Commission  in  all 
cases where the Treaties provide that it shall adopt acts on a proposal from the Commission.  

This applies in the current situation, as a consistent approach at the external border requires a 
common solution. Article 77 (1) (b) TFEU states that the Union shall develop a policy with a 
view  to  carrying  out  checks  on  persons  and  efficient  monitoring  of  the  crossing  of  external 
borders.  Article  77  (2)  (b)  TFEU  provides  for  measures  on  checks  on  persons  crossing  the 
external  borders.  Measures  on  the  basis  of  Article  77  (2)  TFEU  are  to  be  adopted  by  the 
European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary  legislative 
procedure. Pursuant to  Article 289 (1)  TFEU, the ordinary legislative procedure takes place 
on a proposal from the Commission.  

• 

Proportionality 

The present proposal takes account of the evolving epidemiological situation and all available 
relevant  evidence.  The  authorities  of  the  Member  States  and  the  Schengen  Associated 
Countries  remain  responsible  for  implementing  the  proposed  Council  Recommendation. 
Therefore,  the  proposal  is  suitable  for  achieving  the  intended  objective  and  does  not  go 
beyond what is necessary and proportionate. 

3. 

• 

n.a 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Stakeholder consultations and impact assessment  

This  proposal  takes  into  account  discussions  with  Member  States  since  the  first  temporary 
restrictions  were  implemented.  No  impact  assessment  was  undertaken  though  the  proposal 
takes into account the evolving epidemiological situation and all available relevant evidence.  

4. 

BUDGETARY IMPLICATIONS 

None 

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2020/0134 (NLE) 

Proposal for a 

COUNCIL RECOMMENDATION 

on the temporary restriction on non-essential travel into the EU 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 292, 2nd sentence and Article 77 (2) (b) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

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9 

10 
11 
12 

13 

On  10  March  2020,  the  Heads  of  State  or  Government  of  the  European  Union 
emphasised the need for a joint European approach with regard to COVID-19.  
On  16  March  2020,  the  Commission  adopted  a  Communication8  recommending  a 
temporary  restriction  of  non-essential  travel  from  third  countries  into  the  EU+  area9 
for  one  month.  On  17  March  2020,  the  Heads  of  State  or  Government  of  the  EU 
agreed  to  implement  the  temporary  restriction  of  non-essential  travel.  The  four 
Schengen Associated States also implemented it. 
On  8  April  202010  and  8  May  202011,  the  Commission  adopted  two  follow-up 
Communications,  each  recommending  the  extension  of  the  non-essential  travel 
restrictions  by  one  month,  respectively.  All  Schengen  Member  States  as  well  as  the 
four  Schengen  Associated  States  (hereafter  ‘Member  States’)  decided  to  implement 
these extensions, in the last instance until 15 June 2020. 

On 15 April 2020, the President of the European Commission and the President of the 
European  Council  set  out  a  ‘Joint  European  Roadmap  towards  lifting  COVID-19 
containment  measures’12.  The  Roadmap  lays  down  a  two-stage  approach  whereby 
internal  border  controls  should  be  lifted  in  a  coordinated  manner.  Subsequently, 
temporary  restrictions  at  external  borders  would  be  gradually  relaxed  and  non-EU 
residents would be allowed to resume non-essential travel to the EU.  

Consultations with Member States confirmed a need to have a further short extension 
of the existing restrictions at external borders and the imperative of a unified approach 
to their gradual lifting . 
On 11 June 2020, the Commission adopted a Communication13 which recommended 
to  extend  the  restriction  on  non-essential  travel  into  the  EU  until  30  June  2020,  and 

COM(2020) 115, 16 March 2020. 
The  “EU+  area”  includes  all  Schengen  Member  States  (including  Bulgaria,  Croatia,  Cyprus  and 
Romania),  as  well  as  the  four  Schengen  Associated  States.  It  also  includes  Ireland  and  the  United 
Kingdom if they decide to align.  
COM(2020) 148, 8 April 2020. 
COM(2020) 222, 8 May 2020. 
https://ec.europa.eu/info/sites/info/files/communication_-
_a_european_roadmap_to_lifting_coronavirus_containment_measures_0.pdf  
COM(2020) 399, 11 June 2020. 

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(7) 

(8) 

(9) 

which  sets  out  an  approach  for  a  gradual  lifting  of  the  restriction  on  non-essential 
travel into the EU as of 1 July 2020. All Member States have implemented the further 
extension until 30 June.   

Discussions  have  since  then  taken  place  between  Member  States  on  the  criteria  and 
methodology to be applied. 

This  Recommendation  is  without  prejudice  to  the  responsibility  that  Member  States 
have to continue applying Article 6 of the Schengen Borders Code14, which lays down 
the entry conditions for third-country nationals. In particular, the Member States keep 
the responsibility to assess whether, on a case by case basis, a third-country national is 
to be considered a threat to public health. In this context, Member States should ensure 
a close cooperation between border guard authorities and transport providers.  

Border  control  is  in  the  interest  not  only  of  the  Member  State  at  whose  external 
borders it is carried out but of all Member States which have abolished internal border 
control.  Member  States  should  therefore  ensure  that  measures  taken  at  the  external 
borders are coordinated in order not to put at risk the functioning of the Schengen area.  

(10)  Decisions on the possible lifting of the restriction on non-essential travel into the EU 
should take into account the epidemiological situation within the EU, i.e. the average 
number of COVID-19 cases over the last 14 days and per 100,000 inhabitants. The EU 
average is currently at 16 cases.   

(11)  The  International  Health  Regulations  (2005)  (‘IHR’)  adopted  by  the  Fifty-eighth 
World  Health  Assembly  on  23  May  2005  reinforced  the  coordination  among  States 
Parties  to  the  World  Health  Organization  (WHO),  which  include  all  the  Member 
States  of  the  Union,  of  the  preparedness  for,  and  response  to,  a  public  health 
emergency  of  international  concern.  The  IHR  Monitoring  Framework  identifies  core 
public  health  capacities  to  be  maintained  by  WHO  State  Parties.  Data  reported 
periodically by countries under this framework can be compiled into an overall score 
as a proxy for the overall capacity for response. 

(12)  The effectiveness of decisions on lifting the restriction on non-essential travel into the 
EU  depends  on  their  implementation  by  Member  States  for  all  external  borders  in  a 
uniform manner. There is a treaty-based obligation to ensure coordination in order not 
to put at risk the functioning of the Schengen area. While a more restrictive approach 
would not  endanger, as  such, the  functioning of  the Schengen area, a less restrictive 
approach than the one coordinated at Schengen area level could entail such a risk. A 
Member  State  should  therefore  not  unilaterally  decide  to  lift  the  restriction  on  non-
essential  travel  into  the  EU  for  a  particular  third  country  before  the  lifting  of  travel 
restriction has been decided in a uniform manner by the other Member States for that 
country.            

(13) 

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    this  Recommendation 
does  affect  Denmark.  Given  that  this  Recommendation  builds  upon  the  Schengen 
acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a 
period of six months after the Council has decided on this Recommendation whether it 
will implement it in its national law.  

14 

Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union 
Code  on  the  rules  governing  the  movement  of  persons  across  borders  (Schengen  Borders  Code),  OJ 
L 77, 23.3.2016, p. 1. 

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(14)  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/EC15; this Recommendation does therefore not affect Ireland.  

(15)  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 A, of Council Decision 1999/437/EC16.  

(16)  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  A,  of 
Decision  1999/437/EC17  read  in  conjunction  with  Article  3  of  Council  Decision 
2008/146/EC18.  

(17)  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 A, of Decision 1999/437/EC19 read in conjunction with 
Article 3 of Decision 2011/350/EU20. 

(18)  The  legal  status  of  this  recommendation  as  recalled  in  recitals  13  to  17  is  without 
prejudice of the need for all Member States, in the interest of the proper functioning of 
the Schengen area, to decide on the lifting of the restriction on non-essential travel into 
the EU in a uniform manner, 

HAS ADOPTED THIS RECOMMENDATION: 

1. 

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To  determine  the  third  countries  for  which  the  current  restriction  on  non-essential 
travel into the EU is to be lifted, Member States should apply the methodology and 
criteria set  out  in  the Communication of the Commission  of 11 June 202021 on the 

Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some 
of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20). 
OJ L 176, 10.7.1999, p. 36. 
OJ L 53, 27.2.2008, p. 52. 
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). 
OJ L 160, 18.6.2011, p. 21. 
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). 
COM(2020) 399, 11 June 2020.  

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third  assessment  of  the  application  of  the  temporary  restriction  on  non-essential 
travel  to  the  EU.  The  criteria  mentioned  in  the  Communication  relate  to  the 
epidemiological  situation  and  containment  measures,  including  physical  distancing, 
as well as economic and social considerations.  

2. 

As  regards  the  epidemiological  situation,  third  countries  should  meet  the  following 
criteria, subject to regular review: 

– 

– 

– 

close  to  or  below  16  new  COVID-19  cases  over  the  last  14  days  and  per 
100,000 inhabitants;  

the trend of new cases over the same period in comparison to the previous 14 
days is stable or decreasing; and 

the overall response to COVID-19 taking into account available information on 
aspects  such  as  testing,  surveillance,  contact  tracing,  containment,  treatment 
and reporting. Where data on such aspects is unavailable, Member States may 
use  the  total  average  score  across  all  dimensions  for  International  Health 
Regulations  (IHR)  when  this  is  above  50.  Information  provided  by  EU 
Delegations based on the checklist annexed to the Communication of 11 June 
2020 may also be taken into account. 

When  deciding  whether  the  temporary  restriction  on  non-essential  travel  to  the  EU 
applies  to  a  third-country  national,  residence  in  a  third  country  for  which  the 
restrictions on non-essential travel have been lifted should be the determining factor 
(and not nationality).  

Travel  restrictions  may  be  lifted  or  reintroduced  for  a  specific  third  country 
according  to  changes  in  the  conditions  set  out  in  paragraph  2  regarding  the 
epidemiological  situation.  Rapid  decision-making  should  be  applied  in  case  the 
situation in a third country worsens quickly.  

However,  even  where  temporary  travel  restrictions  continue  to  apply  to  a  third 
country, essential travel should be allowed for the categories of travellers22 listed in 
the  Communication  of  16  March23  and  11  June  202024,  and  the  Guidance  of  30 
March 202025.  Member States may introduce additional security measures for these 
travellers, especially when their trip originates in a high risk region.    

In particular, the following categories of persons should be exempted from the travel 
restriction, independent of the purpose of travel: 

Specific categories of travellers with an essential function or need: 

i. 
ii. 
iii. 
iv. 
v. 

Healthcare professionals, health researchers, and elderly care professionals; 
Frontier workers;  
Seasonal workers in agriculture;  
Transport personnel;  
Diplomats, staff of international organisations, military personnel and humanitarian 

aid workers and civil protection personnel in the exercise of their functions;  

vi. 
vii. 
viii. 

Passengers in transit; 
Passengers travelling for imperative family reasons; 
Persons in need of international protection or for other humanitarian reasons 

respecting the principle of non-refoulement; 

ix. 
x. 

third-country nationals travelling for the purpose of study; 
highly qualified third-country workers if their employment is necessary from an 

economic perspective and the work cannot be postponed or performed abroad. 

COM(2020) 115, 16 March 2020. 
COM(2020) 399, 11 June 2020. 
C(2020) 2050, 30 March 2020. 

3. 

4. 

5. 

6. 

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(a)  Union  citizens  within  the  meaning  of  Article  20(1)  TFEU  and  third-country 
nationals who, under agreements between the Union and its Member States, on 
the one hand, and those third countries, on the other hand, enjoy rights of free 
movement  equivalent  to  those  of  Union  citizens,  as  well  as  their  respective 
family members26, 

(b) 

third-country  nationals  who  are  long-term  residents  under  the  Long-term 
Residence  Directive27  persons  deriving  their  right  to  reside  from  other  EU 
Directives or national law or who hold national long-term visas, as well as their 
respective family members. 

Member  States  can,  however,  take  appropriate  measures  such  as  requiring  such 
persons  to  undergo  self-isolation  or  similar  measures  upon  return  from  a  third 
country  for  which  the  temporary  travel  restriction  is  maintained,  provided  they 
impose the same requirements on their own nationals. 

Reciprocity  should  be  assessed  regularly  and  on  a  case-by-case  basis,  in  particular 
with regard to third countries that have a lower infection rate than the EU average.  

These  steps  should  be  implemented  by  all  Member  States  at  all  external  borders. 
Member States should endeavour to apply all measures in a uniform manner.  

In the interest of the proper functioning of the Schengen area, a Member State should 
not decide unilaterally to lift the restriction on non-essential travel into the EU for a 
specific third country before the lifting of the restriction has also been decided in a 
strictly coordinated manner by the other Member States. 

7. 

8. 

9. 

Done at Brussels, 

For the Council 
The President 

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As defined in Articles 2 and 3 of Directive 2004/38/EC of the European Parliament and of the Council 
of  29  April  2004  on  the  right  of  citizens  of  the  Union  and  their  family  members  to  move  and  reside 
freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing 
Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 
90/365/EEC and 93/96/EEC, OJ L 158, 30.4.2004, p. 77. 
Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals 
who are long-term residents, OJ L 16, 23.1.2004, p. 44. 

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