Proposal for a COUNCIL RECOMMENDATION on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic
Date: 2020-09-04
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: border control, disease prevention, epidemic, free movement of persons, free movement of workers, infectious disease, internal border of the EU, public health, traveller

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   EUROPEAN COMMISSION  Brussels, 4.9.2020  COM(2020) 499 final 2020/0256 (NLE)  Proposal for a COUNCIL RECOMMENDATION on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The right of EU citizens to move and reside freely within the European Union  is one of the 
Union’s most cherished achievements, and an important driver of its economy.  

To  limit  the  spread  of  the  COVID-19  outbreak,  the  Member  States1  have  adopted  various 
measures,  some  of  which  have  had  an  impact  on  citizens’  right  to  move  freely  across  the 
European  Union.  These  measures  often  included  restrictions  on  entry  to  another  Member 
State  or  other  specific  requirements  (such  as  undergoing  quarantine)  applicable  to  cross-
border  travellers,  including  those  moving  for  economic  purposes,  such  as  workers  and 
entrepreneurs. 

While the measures were intended to safeguard the health and wellbeing of citizens, they have 
had  serious  consequences  for  the  freedom  of  movement  inside  the  Union,  with  knock-on 
effects  on  the  internal  market.  Restoring  freedom  of  movement,  while  protecting  public 
health, is a priority, whether for work, family reasons, or leisure. Exercising free movement 
rights,  conferred  directly  by  the  Treaties  on  Union  citizens,  should  remain  possible  while 
limiting the reintroduction of the virus to areas where it has been brought under control. 

Since the outbreak of the pandemic, the Commission has worked closely with Member States 
to  ensure  a  gradual  return  to  free  movement.  In  March  2020,  the  Commission  issued 
Guidelines  for  border  management  measures  to  protect  health  and  ensure  the  availability  of 
goods and essential services2 and Guidelines concerning the exercise of the free movement of 
workers during COVID-19 outbreak3, containing  guidance on the free movement of frontier 
workers, seasonal workers and self-employed persons exercising critical occupations.  

On  13  May  2020,  the  Commission  adopted,  as  part  of  a  package  of  guidelines  and 
recommendations  to  help  Member  States  gradually  lift  restrictions  on  free  movement,  a 
Communication  towards  a  phased  and  coordinated  approach  for  restoring  freedom  of 
movement and lifting internal border controls4, referring also to the flexibility to reintroduce 
certain measures if required by the epidemiological situation. 

On 11 June 2020, the Commission adopted a Communication to the European Parliament, the 
European Council and the Council on the third assessment of the application of the temporary 
restriction on non-essential travel to the EU5, in which it strongly encouraged Member States 
to  finalise  the  process  of  lifting  restrictions  to  free  movement  within  the EU  as  soon  as  the 
epidemiological situation allows it. 

1 

2 
3 
4 
5 

The  reference  to  Member  States  includes  all  Member  States  bound  by  the  free  movement  acquis,  as 
well  as  third  countries  bound  by  free  movement  rules  (i.e.  Iceland,  Liechtenstein  and  Norway  on  the 
basis of the EEA Agreement, Switzerland on the basis of the Free Movement of Persons Agreement and 
the United Kingdom during the transition period established until 31 December 2020 on the basis of the 
Agreement on the  withdrawal of the United Kingdom of Great Britain and Northern Ireland from the 
European Union and the European Atomic Energy Community). 
OJ C 86I , 16.3.2020, p. 1. 
OJ C 102I , 30.3.2020, p. 12. 
OJ C 169, 15.5.2020, p. 30 
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52020DC0399  

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On 15 July 2020, the Commission adopted a Communication to the European Parliament, the 
Council, the European Economic and Social Committee and the Committee of the Regions on 
short-term EU health preparedness for COVID-19 outbreaks6. 

On  7  August  2020,  the  Commission’s  services  sent  an  administrative  letter  to  the  Member 
States,  in  which  they  recalled  principles  applicable  to  restrictions  and  limitations  to  free 
movement to inform possible decisions on pandemic-related restrictions to free movement. In 
accordance  with  the  principle  of  proportionality,  any  limitations  to  this  right  must  be 
necessary  and  genuinely  meet  objectives  of  general  interest  recognised  by  the  Union  or  the 
need  to  protect  the  rights  and  freedom  of  others.  The  letter  also  aimed  at  promoting 
coordination and ensuring clarity and predictability for citizens and businesses.  

Further progress and additional coordination efforts among Member States remain necessary. 
Taking into account the evolution of the pandemic, some Member States have maintained or 
reintroduced  certain  restrictions  to  free  movement  within  the  EU.  Unilateral  measures  have 
resulted in significant disruptions. While entry bans have to a large extent been lifted in the 
meantime,  businesses  and  citizens  are  still  confronted  with  a  wide  array  of  diverging 
measures, which are often adopted at very short notice, are based on very different criteria, or 
not  sufficiently  coordinated  with  other  Member  States.  This  has  resulted  in  a  high  level  of 
uncertainty for both citizens and businesses. 

Given  the  lessons  learned  from  the  earlier  stages  of  the  pandemic,  a  well-coordinated, 
predictable and transparent approach to the adoption of restrictions on freedom of movement 
is  needed.  Preventing  the  spread  of  the  virus,  safeguarding  the  health  of  citizens  as  well  as 
maintaining free movement within the Union, under safe conditions, is crucial for the efforts 
to start safely re-building the EU economy and to ensure a smooth functioning of the internal 
market. Special attention is needed to ensure unrestricted cross-border economic activity. 

• 

Consistency with existing policy provisions in the policy area 

This recommendation serves to implement the existing provisions related to restrictions of the 
freedom of movement on grounds of public health. 

• 

Consistency with other Union policies 

This  recommendation  is  in  line  with  other  Union  policies,  including  those  regarding  public 
health and internal border controls. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  and  in  particular 
Articles 21(2), 46, 52(2), 168(6) and 292. 

• 

Subsidiarity (for non-exclusive competence)  

Article  292  TFEU  enables  the  Council  to  adopt  recommendations.  According  to  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.  

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https://eur-lex.europa.eu/legal-content/GA/TXT/?uri=CELEX:52020DC0318  

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This  applies  in  the  current  situation,  as  a  consistent  approach  is  necessary  to  avoid  further 
disruptions  caused  by  unilateral  and  not  sufficiently  coordinated  measures  restricting  free 
movement  within  the  Union.  Article  21(1)  TFEU  stipulates  that  every  citizen  of  the  Union 
shall  have  the  right  to  move  and  reside  freely  within  the  territory  of  the  Member  States, 
subject  to  the  limitations  and  conditions  laid  down  in  the  Treaties  and  by  the  measures 
adopted  to  give  effect  to  them.  If  action  by  the  Union  should  prove  necessary  to  attain  this 
objective,  the  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary 
legislative  procedure,  may  adopt  provisions  with  a  view  to  facilitating  the  exercise  of  these 
rights. 

Pursuant  to  Article  46  TFEU,  the  European  Parliament  and  the  Council  shall,  acting  in 
accordance  with  the  ordinary  legislative  procedure  and  after  consulting  the  Economic  and 
Social  Committee,  issue  directives  or  make  regulations  setting  out  the  measures  required  to 
bring about freedom of movement for workers, as defined in Article 45. 

Pursuant  to  Article  49(1)  TFEU,  restrictions  on  the  freedom  of  establishment  shall  be 
prohibited.    Pursuant  to  Article  56(1)  TFEU,  restrictions  on  freedom  to  provide  services 
within the Union shall also be prohibited. This includes restrictions on the freedom to receive 
services in another Member State. 

By  virtue  of  Article  52(2)  TFEU,  the  European  Parliament  and  the  Council  shall,  acting  in 
accordance  with  the  ordinary  legislative  procedure  and  after  consulting  the  Economic  and 
Social  Committee,  issue  directives  for  the  coordination  of  provisions  intended  to  provide 
special measures regarding the exercise of the freedom of establishment adopted on grounds 
of public policy, public security and public health. In accordance with Article 62 TFEU that 
provision applies equally to services. 

Pursuant to Article 168(6), the Council, on a proposal from the Commission, may also adopt 
recommendations for the purposes of ensuring a high level of human health protection in the 
definition and implementation of all Union policies and activities. 

• 

Proportionality 

The adoption of unilateral or uncoordinated measures is likely to lead to restrictions on free 
movement  that  are  inconsistent  and  fragmented,  resulting  in  uncertainty  for  Union  citizens 
when  exercising  their  EU  rights.  The  proposal  does  not  go  beyond  what  is  necessary  and 
proportionate for achieving the intended objective. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

3. 

• 

n.a. 

• 

Stakeholder consultations 

The proposal takes into account the discussions held at regular intervals with Member States 
since  the  first  temporary  restrictions  were  implemented,  the  information  available  on  the 
evolving epidemiological situation, relevant available scientific evidence and direct feedback 
from  Union  citizens,  including  in  the  context  of  the  numerous  letters  addressed  to  the 
European Commission. 

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Impact assessment 

• 

n.a. 

• 

Fundamental rights 

Freedom  of  movement  is  a  fundamental  right  enshrined  in  Article  45  of  the  Charter  of 
Fundamental  Rights  of  the  European  Union.  Subject  to  the  principle  of  proportionality, 
limitations may be made only if they are necessary and genuinely meet objectives of general 
interest  recognised  by  the  Union  or  the  need  to  protect  the  rights  and  freedom  of  others.  
Article  21  of  the  Charter  prohibits  restriction  on  ground  of  nationality  within  the  scope  of 
application of the Treaties.  

In  line  with  Directive  2004/38/EC  of  the  European  Parliament  and  of  the  Council7,  free 
movement rights can be restricted to protect certain public interests, namely the protection of 
public  health,  public  policy  and  public  security.  Such  limitations  must  be  applied  in 
compliance  with  the  general  principles  of  EU  law,  in  particular  proportionality  and  non-
discrimination as well as respect for fundamental rights. Measures should be based on public 
health  considerations  and  cannot  therefore  extend  beyond  what  is  strictly  necessary  to 
safeguard the public interest that justified their adoption. 

Any limitations to the freedom of movement within the Union justified on grounds of public 
policy,  public  security  or  public  health  must  be  necessary,  proportionate  and  based  on 
objective and non-discriminatory criteria. They must be suitable for securing the attainment of 
the  objective  that  they  pursue;  and  not  go  beyond  what  is  necessary  in  order  to  attain  that 
objective. 

This Recommendation should not be understood as facilitating or encouraging the adoption of 
restrictions to free movement put in place during the pandemic. Rather, it seeks to provide a 
coordinated  approach  in  the  event  that  a  Member  State  were  to  decide  to  introduce  such 
restrictions. The decision as to whether to introduce restrictions to free movement remain the 
responsibility  of  the  Member  States,  which  have  to  act  in  compliance  with  Union  law. 
Equally, Member States retain the flexibility not to introduce restrictions even if the criteria 
and thresholds outlined in this Recommendation are met. 

4. 

BUDGETARY IMPLICATIONS 

None 

5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

A coordinated approach among Member States requires joint efforts on four key points: the 
application of common criteria and thresholds in deciding whether to introduce restrictions to 
free movement, the mapping of common criteria using an agreed colour code, the adoption of 
a common approach as to the measures applied to persons moving to and from areas identified 

7 

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). 

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as  higher-risk,  and  providing  the  public  with  clear,  comprehensive  and  timely  information 
about any restrictions and accompanying requirements. 

To  ensure  that  the  process  is  manageable  and  transparent,  the  proposal  focuses  on  three 
criteria, namely the  14-day  cumulative COVID-19 case notification rate,  test positivity rate, 
and  the  testing  rate.  These  criteria  should  then  be  applied  to  the  different  areas,  ideally 
Member States’ regions. Only areas with a testing rate of more than 250 COVID-19 tests per 
100 000 population should be assessed according to these criteria, to ensure that sufficiently 
robust data is available. 

Using  these  criteria,  restrictions  could  be  applied,  if  at  all,  to  regions  with  a  14-day 
cumulative  COVID-19  case  notification  of  50  or  more  and  a  test  positivity  rate  of  3%  or 
more. Restrictions could be applied to regions where the 14-day cumulative COVID-19 case 
notification  rate  is  more  than  150  per  100  000  population  even  if  the  test  positivity  rate  is 
below 3%. The criteria  and thresholds outlined are based on extensive discussions with  and 
data made available by Member States. 

Using data provided by the Member States, the European Centre for Disease Prevention and 
Control  (ECDC)  will  produce  regularly  updated  maps,  broken  down  by  regions,  that  would 
indicate whether the thresholds outlined above are reached in a given area. 

Where  neither  the  threshold  for  the  14-day  cumulative  COVID-19  case  notification  nor  the 
threshold for the test positivity rate is reached, the region should be marked as ‘green’. Where 
only one of the thresholds is reached, the regions should be marked as ‘orange’. Where both 
thresholds  are  reached,  the  region  should  be  marked  as  ‘red’.  Where  insufficient  data  is 
available or the testing rate is not met, the region should be marked as ‘grey’. 

The  maps  developed  by  ECDC  should  facilitate  a  coordinated  approach  to  Member  States’ 
own  decision-making  processes,  and  ensure  that  any  decisions  taken  by  the  Member  States 
are consistent and well-coordinated. 

By  way  of  example,  Member  States  could,  using  these  criteria  and  thresholds,  apply 
restrictions from an area 

(a) 

(b) 

with a 14-day cumulative COVID-19 case notification rate of 70 and a test positivity 
rate of 5.5% (‘red area’); or  

with  a  14-day  cumulative  COVID-19  case  notification  rate  of  175  per  100  000 
population, regardless the test positivity rate (‘red area’). 

In contrast, Member States should not apply restrictions on movement from an area 

(c) 

(d) 

(e) 

with a 14-day cumulative COVID-19 case notification rate of 20 and a test positivity 
rate of 2.5% (‘green area’); 

with a 14-day cumulative COVID-19 case notification rate of 55 and a test positivity 
rate  of  1.5%  (‘orange  area’,  submission  of  passenger  locator  forms  or  testing  may 
apply); 

with a 14-day cumulative COVID-19 case notification rate of 20 and a test positivity 
rate of 4.5% (‘orange area’,  submission  of passenger locator forms  or testing may 
apply). 

This map should then serve as the basis for Member States’ decision-making processes, which 
would be coordinated, as much as possible, according to an agreed timeline: 

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(a) 

(b) 

(c) 

Each  week:  the  European  Centre  for  Disease  Prevention  and  Control  publishes  an 
updated version of the colour-coded map. 

Thursday:  Member  States  intending  to  apply  restrictions  to  persons  travelling  from 
an area classified as ‘red’ or ‘grey’ inform other Member States and the Commission 
of its intention. 

Monday: the measures notified by a Member States should enter into force, save for 
exceptional circumstances. 

Following this agreed timeline would ensure coordination among Member States and increase 
predictability, legal certainty and compliance that would benefit citizens and businesses. 

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2020/0256 (NLE) 

Proposal for a 

COUNCIL RECOMMENDATION 

on a coordinated approach to the restriction of free movement in response to the 
COVID-19 pandemic 

(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  21(2),  Article  46,  Article  52(2),  Article  168(6)  and  Article  292,  first  and  second 
sentence thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

8 

Citizenship  of  the  Union  confers  on  every  citizen  of  the  Union  the  right  of  free 
movement. 

Pursuant to Article 21(1) of Treaty on the Functioning of the European Union (TFEU), 
every  citizen  of  the  Union  shall  have  the  right  to  move  and  reside  freely  within  the 
territory of the Member States, subject to the limitations and conditions laid down in 
the Treaties and by the measures adopted to give effect to them. Directive 2004/38/EC 
of the European Parliament and of the Council8 gives effect to that right. Article 45 of 
the Charter of Fundamental Rights of the European Union (the Charter) also provides 
for freedom of movement and residence. 

Pursuant to  Article 45(1) TFEU, freedom  of movement  for  workers shall  be secured 
within the Union. The attainment of this objective entails the right of workers of the 
Member  States  to  move  freely  within  the  Union  in  order  to  pursue  activities  as 
employed  persons  subject  to  any  limitations  justified  on  grounds  of  public  policy, 
public security or public health. 

Pursuant  to  Article  49(1)  TFEU,  restrictions  on  the  freedom  of  establishment  of 
nationals of a Member State in another Member State shall be prohibited. 

Pursuant to Article 56(1) TFEU, restrictions on the freedom to provide services within 
the Union shall also be prohibited. This includes the right of service providers to cross 
the border in order to provide services and the right of service recipients  to travel to 
the country of the service provider in  order to  receive the service. The attainment 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). 

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(6) 

(7) 

(8) 

(9) 

these  objectives  justifies  coordination  of  measures  that  Member  States  may  consider 
adopting in respect of non-nationals on grounds of public health. 

Pursuant  to  Article  168(1)  TFEU,  a  high  level  of  human  health  protection  is  to  be 
ensured in the definition and implementation of all Union policies and activities. 

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 characterized 
as a pandemic. 

To  limit  the  spread  of  the  virus,  the  Member  States  have  adopted  various  measures, 
some of which have had an impact on Union citizens’ right to move and reside freely 
within the territory of the Member States, such as restrictions on entry or requirements 
for cross-border travellers to undergo quarantine. 
On  13  February  2020,  the  Council  adopted  Conclusions  on  COVID-199  in  which  it 
urged  Member  States  to  act  together,  in  cooperation  with  the  Commission,  in  a 
proportionate  and  appropriate  manner  to  develop  close  and  enhanced  coordination 
between  Member  States  to  ensure  effectiveness  of  all  measures,  including,  if 
necessary,  measures  regarding  travel,  while  safeguarding  the  free  movement  within 
the Union, to ensure optimal protection of public health. 

(10)  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. 

(11)  On  16  March  2020,  the  Commission  adopted  Guidelines  for  border  management 
measures to protect health and ensure the availability of goods and essential services10. 
On  17  March  2020,  the  Heads  of  State  or  Government  of  the  European  Union 
endorsed these Guidelines. 

(12)  On  30  March  2020,  the  Commission  adopted  Guidelines  concerning  the  exercise  of 
the  free  movement  of  workers  during  COVID-19  outbreak11  to  ensure  that  mobile 
workers  and  self-employed  persons  within  the  Union,  in  particular  those  in  critical 
occupations to fight the pandemic, can reach their workplace. 

(13)  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, according to which restrictions to free movement should be 
lifted  once  the  epidemiological  situation  converges  sufficiently  and  social  distancing 
rules are widely and responsibly applied. 

(14)  On  7  May  2020,  the  Commission  adopted  Guidance  on  free  movement  of  health 
professionals  and  minimum  harmonisation  of  training  in  relation  to  COVID-19 
emergency  measures  –  recommendations  regarding  Directive  2005/36/EC13  to  help 
Member States address immediate staff shortages. 

9 
10 
11 
12 

13 

OJ C 57, 20.2.2020, p. 4. 
OJ C 86I , 16.3.2020, p. 1. 
OJ C 102I , 30.3.2020, p. 12. 
https://ec.europa.eu/info/sites/info/files/communication_-
_a_european_roadmap_to_lifting_coronavirus_containment_measures_0.pdf  
OJ C 156, 8.5.2020, p. 1. 

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(15)  On  13  May  2020,  the  Commission  adopted,  as  part  of  a  package  of  guidelines  and 
recommendations,  a  Communication  towards  a  phased  and  coordinated  approach  for 
internal  border  controls14.  The 
restoring  freedom  of  movement  and 
Communication  proposes  a  phased  and  coordinated  approach  that  should  start  by 
lifting  restrictions  between  areas  or  Member  States  with  sufficiently  similar 
epidemiological situations. The approach should be flexible,  including the possibility 
to reintroduce certain measures if the epidemiological situation requires. According to 
the  Communication,  Member  States  should  act  on  the  basis  of  epidemiological 
criteria, the ability to apply containment measures throughout the whole journey, and 
economic and social considerations.  

lifting 

(16)  On  11  June  2020,  the  Commission  adopted  a  Communication  to  the  European 
Parliament,  the  European  Council  and  the  Council  on  the  third  assessment  of  the 
application of the temporary restriction on non-essential travel to the EU15, in which it 
strongly encouraged Member States to finalise the process of lifting restrictions to free 
movement within the Union. 

(17)  On 16 July 2020, the Commission adopted Guidelines on seasonal workers in the EU 
in the context of the COVID-19 outbreak16, in which it provides guidance to national 
authorities, labour inspectorates, and social partners to guarantee the rights, health and 
safety  of  seasonal  workers,  and  to  ensure  that  seasonal  workers  are  aware  of  their 
rights. 

(18)  To facilitate the unhindered flow of goods within the Union, the Commission adopted 
a Communication on the implementation of the Green Lanes under the Guidelines for 
border  management  measures  to  protect  health  and  ensure  the  availability  of  goods 
and  essential  services17,  Guidelines  on  Facilitating  Air  Cargo  Operations  during 
COVID-19 outbreak18, and Guidelines on protection of health, repatriation and travel 
arrangements for seafarers, passengers and other persons on board ships19. 

(19) 

In view of the reduction in  the number of COVID-19 cases  across the Union  during 
the  months  of  June  and  July  2020,  many  Member  States  lifted  restrictions  to  free 
movement imposed during the first wave of infections. 

(20)  As  numbers  of  COVID-19  cases  started  to  increase  across  much  of  the  Union  in 
August 2020, some Member States started reintroducing restrictions to free movement.  

(21)  Restrictions to the free movement of persons within the Union put in place to limit the 
spread of COVID-19 should be based on specific and limited public interest grounds, 
namely the protection of public health. They should be applied in compliance with the 
general  principles  of  EU  law,  in  particular  proportionality  and  non-discrimination. 
This Recommendation is intended to facilitate the application of these principles, in a 
coordinated manner, to the exceptional situation caused by the COVID-19 pandemic. 
Therefore,  the  mechanisms  put  in  place  by  this  Recommendation  should  be  strictly 
limited in scope and time to restrictions adopted in response to this pandemic.  

14 
15 
16 
17 
18 
19 

OJ C 169, 15.5.2020, p. 30 
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52020DC0399  
OJ C 235I , 17.7.2020, p. 1. 
OJ C 96I , 24.3.2020, p. 1. 
OJ C 100I , 27.3.2020, p. 1. 
OJ C 119, 14.4.2020, p. 1 

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(22)  Unilateral measures in this area have the potential to cause significant disruptions as 
businesses  and  citizens  are  confronted  with  a  wide  array  of  diverging  and  rapidly 
changing  measures.  This  is  particularly  harmful  in  a  situation  where  the  European 
economy has already been significantly affected by the virus. 

(23)  This  Recommendation seeks to  ensure increased coordination among Member States 
considering the adoption of measures restricting free movement on grounds of public 
health. A coordinated approach among Member States is required to reduce the impact 
of  restrictions  on  Union  citizens  and  the  economy,  enhancing  transparency  and 
predictability, while ensuring a high level of human health protection.  

(24)  A coordinated approach among Member States requires joint efforts on the following 
key points: the application of common criteria and thresholds when deciding whether 
to  introduce  restrictions  to  free  movement,  a  mapping  of  the  risk  of  COVID-19 
transmission  based  on  an  agreed  colour  code,  and  a  coordinated  approach  as  to  the 
measures,  if  any,  which  may  appropriately  be  applied  to  persons  moving  between 
areas, depending on the level of risk of transmission in those areas. 

(25)  Six  months  into  the  crisis,  more  information  is  available  as  to  the  most  effective 
measures  to  take,  based  on  regular  exchanges  among  Member  States  and  the 
Commission.  The  criteria  and  thresholds  outlined  in  this  Recommendation  are  based 
on the data made available by Member States. 

(26) 

In  view  of  the  evolving  epidemiological  situation,  the  Commission,  supported  by 
European  Centre  for  Disease  Prevention  and  Control,  should  regularly  assess  the 
criteria,  data  needs  and  thresholds  outlined  in  this  Recommendation,  including 
whether  to  consider  other  criteria,  such  as  hospitalisation  rates  or  intensive  care  unit 
occupancy rates. 

(27)  Member  States  should  apply  a  coordinated  set  of  indicators  and  methodology  to  the 
epidemiological  classification  of  areas  and  regions.  To  limit  restrictions  to  what  is 
strictly  necessary,  Member  States  should,  as  much  as  possible,  aim  to  limit 
restrictions, in a non-discriminatory manner, to persons coming from specific areas or 
regions particularly affected rather than the entire territory of a Member State. 

(28)  This  Recommendation  should  not  be  understood  as  facilitating  or  encouraging  the 
adoption of restrictions to free movement put in place in response to the pandemic, but 
rather seeks to provide a coordinated approach in the event that a Member State were 
to  decide  to  introduce  such  restrictions.  The  decision  as  to  whether  to  introduce 
restrictions to  free movement remain the responsibility of the Member States, which 
have to comply with the requirements of Union law. Equally, Member States retain the 
flexibility  not  to  introduce  restrictions  even  if  the  criteria  and  thresholds  outlined  in 
this Recommendation are met. 

(29)  Restrictions on free movement should only be considered when Member States have 
sufficient evidence to justify such restrictions in terms of their benefit for public health 
and they have reasonable grounds to believe that the restrictions would be effective. 

(30)  Maps outlining the status of the common criteria for EU regions should be published 
and updated weekly by the European Centre for Disease Prevention and Control, using 
data provided by the Member States. 

(31)  To  improve  coordination  among  Member  States  and  increase  predictability  for  the 
public,  Member  States  should  use  an  agreed  timeline  when  considering  to  impose 
restrictions on freedom of movement due to the COVID-19 outbreak. 

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(32)  To  limit  the  disruption  to  the  internal  market  and  family  life  while  the  pandemic  is 
ongoing,  travellers  with  an  essential  function  or  need,  such  as  workers  or  self-
employed  persons  exercising  critical  occupations,  cross-border  workers,  transport 
workers or transport service providers, seafarers, and persons travelling for imperative 
business or family reason, including members of cross-border families travelling on a 
regular basis, should not be required to undergo quarantine. 

(33)  Clear,  timely  and  comprehensive  information  of  the  public  is  crucial  to  limit  the 
impacts of any restrictions to free movement put in place, ensuring predictability, legal 
certainty and compliance by citizens,  

HAS ADOPTED THIS RECOMMENDATION: 

General Principles 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Any  restrictions  to  the  free  movement  of  persons  within  the  Union  put  in  place  to 
limit the spread of COVID-19 should be based on specific and limited public interest 
grounds, namely the protection of public health. It is necessary for such limitations to 
be  applied  in  compliance  with  the  general  principles  of  Union  law,  in  particular 
proportionality and non-discrimination. Any measures taken should thus  not extend 
beyond what is strictly necessary to safeguard public health. 

Any such restrictions should be lifted as soon as the epidemiological situation allows 
it. 

There  may  be  no  discrimination  between  Member  States,  for  example  by  applying 
more generous rules to travel to and from a neighbouring Member State as compared 
to travel to and from other Member States in the same epidemiological situation. 

Restrictions cannot be based on the nationality of the person concerned, but should 
be based on the location(s) of the person during the 14 days prior to arrival. 

Member States should always admit their own nationals and Union citizens and their 
family members resident in their territory, and should facilitate swift transit through 
their territories. 

Member  States  should  pay  particular  attention  to  the  specificities  of  cross-border 
regions and the need to cooperate at local and regional level. 

Member States should regularly exchange information on all matters covered by the 
scope of this recommendation. 

Common criteria 

8. 

Member  States  should  take  the  following  criteria  into  account  when  considering  to 
restrict free movement in response to the COVID-19 pandemic: 

(a) 

(b) 

(c) 

the  ‘14-day  cumulative  COVID-19  case  notification  rate’,  that  is,  the  total 
number of newly notified COVID-19 cases per 100 000 population in a given 
area in the last 14 days; 

the ‘test positivity rate’, that is, the percentage of positive tests among all tests 
for COVID-19 infection carried out in given area during the last week; 

the  ‘testing  rate’,  that  is,  the  number  of  tests  for  COVID-19  infection  per 
100 000 population carried out in a given area during the last week. 

EN 

11 

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Data on the common criteria 

9. 

To  ensure  that  comprehensive  and  comparable  data  is  available,  Member  States 
should, on a weekly basis, provide the European  Centre for Disease Prevention and 
Control with data on the criteria mentioned in point 8. 

Member States should also provide this data at the regional level to ensure that any 
measures can be targeted to those regions where they are strictly necessary. 

Common thresholds when considering restrictions of free movement 

10. 

Member States should not restrict the free movement of persons travelling to or from 
another Member State with 

(a) 

a  14-day  cumulative  COVID-19  case  notification  rate  of  less  than  50  new 
COVID-19 cases per 100 000 population; or 

(b) 

a test positivity rate of tests for COVID-19 infection of less than 3%; 

provided that the Member State concerned has a weekly testing rate of more than 250 
COVID-19 tests for infection per 100 000 population. 

By  way  of  exception,  in  Member  States  where  the  14-day  cumulative  COVID-19 
case notification rate is more than 150 per 100 000 population, the criterion in letter 
(b) should not apply. 

11. 

Member  States  should  take  into  account  the  regional  distribution  of  cases  within 
other  Member  States.  Wherever  possible,  restrictions  to  free  movement  should  be 
circumscribed in the light of the situation of the affected regions of the Member State 
concerned. For this purpose, the thresholds mentioned in point 10 should be applied 
to  the  regional  level,  not  limiting  free  movement  to  or  from  other  regions  of  that 
Member State that meet the thresholds. 

Mapping of risk areas when considering restrictions of free movement  

12. 

Based on the data provided by the Member States, the European Centre for Disease 
Prevention and Control should publish a map of EU/EEA countries20, broken down 
by regions, in order to support Member States’ decision-making. In this map, an area 
should be marked in the following colours: 

(a) 

green, if the 14-day cumulative COVID-19 case notification rate is less than 25 
and the test positivity rate of tests for COVID-19 infection is less than 3%; 

(b)  orange, if the 14-day cumulative COVID-19 case notification rate is less than 
50 but the test positivity rate  of tests for COVID-19 infection is 3% or more, 
or, if the 14-day cumulative COVID-19 case notification rate ranges from 25 to 
150 but the test positivity rate of tests for COVID-19 infection is less than 3%; 

(c) 

red,  if  the  14-day  cumulative  COVID-19  case  notification  rate  is  50  or  more 
and the test positivity rate of tests for COVID-19 infection is 3% or more, or if 
the  14-day  cumulative  COVID-19  case  notification  rate  is  more  than  150  per 
100 000 population; 

20 

In  accordance  with  the  Agreement  on  the  withdrawal  of  the  United  Kingdom  of  Great  Britain  and 
Northern  Ireland  from  the  European  Union  and  the  European  Atomic  Energy  Community,  OJ  L  29, 
31.1.2020,  p.  7  (“Withdrawal  Agreement”),  this  refers  equally  to  the  United  Kingdom  during  the 
transition period referred to in Article 127(1) of the Withdrawal Agreement. 

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(d)  grey, if not sufficient information is available to assess the criteria in point 10 
or if the testing  rate is  250 or less COVID-19 tests for infection per 100 000 
population. Different shades of grey should be used to distinguish between the 
two cases. 

13. 

Each week, the European Centre for Disease Prevention and Control should publish 
an updated version of the map. 

Coordination among Member States and common timeline 

14. 

Member States intending to apply restrictions to persons travelling to or from an area 
classified  as  ‘red’  or  ‘grey’  pursuant  to  point  12(c)  and  (d),  based  on  its  own 
decision-making processes, should inform other Member States and the Commission 
of its intention on a Thursday.  

15. 

16. 

17. 

For this purpose, Member States should use the established network of the Integrated 
Political  Crisis  Response  (IPCR).  The  IPCR  contact  points  should  ensure  that  the 
information is passed on to their competent authorities without delay. 

Save for exceptional circumstances, the measures communicated by a Member State 
pursuant to this point should enter into force on the Monday of the following week. 

When considering whether to apply restrictions, Member States should also take into 
account  the  epidemiological  situation  in  their  own  territory,  including  testing 
policies,  the  number  of  tests  performed  and  test  positivity  rates,  and  other 
epidemiological indicators. 

Member States should not impose any restrictions on persons travelling to or from an 
area  classified  as  ‘red’  pursuant  to  point  12(c)  located  in  another  Member  State  if 
they  do  not  impose  the  same  restrictions  on  an  area  classified  as  ‘red’  pursuant  to 
point 12(c) located in their own territory. 

Member States should immediately inform other Member States and the Commission 
of  the  lifting  of  any  previously  introduced  restrictive  measures,  which  should  enter 
into force as soon as possible. 

Restrictions  to  free  movement  should  be  lifted  when  an  area  is  again  classified  as 
‘orange’ or ‘green’ pursuant to point 12, provided that at least 14 days have elapsed 
since their introduction. 

18. 

At  the  latest  7  days  after  the  adoption  of  this  Recommendation,  Member  States 
should  phase  out  restrictions  applied  on  areas  not  classified  as  ‘red’  or  ‘grey’ 
pursuant to point 12 before the adoption of this Recommendation.  

Common  framework  as  regards  possible  measures  for  travellers  coming  from  higher-

risk areas 

19. 

Member States should not refuse the entry of persons travelling from other Member 
States. 

Member  States  that  introduce  restrictions  to  free  movement,  based  on  their  own 
decision-making  processes,  could  require  persons  travelling  from  an  area  classified 
as ‘red’ or ‘grey’ pursuant to point 12(c) and (d) to 

(a) 

undergo quarantine; or 

(b)  undergo a test for COVID-19 infection after arrival. 

Wherever possible, the  possibility to  undergo tests for COVID-19 infection instead 
of quarantine should be the preferred option. 

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20. 

21. 

22. 

23. 

24. 

25. 

26. 

Travellers should be given the option to substitute the test mentioned in letter (b) by 
a test for COVID-19 infection carried out prior to departure. 

Member States should mutually recognise the results of tests for COVID-19 infection 
carried out in other Member States by certified health bodies. 

Travellers  with  an  essential  function  or  need  should  not  be  required  to  undergo 
quarantine, in particular: 

(a)  Workers or self-employed persons exercising critical occupations, frontier and 
posted  workers  as  well  as  seasonal  workers  as  referred  to  in  the  Guidelines 
concerning the exercise of the free movement of workers during the COVID-
19 outbreak21; 

(b) 

transport  workers  or  transport  service  providers,  including  drivers  of  freight 
vehicles  carrying  goods  for  use  in  the  territory  as  well  as  those  merely 
transiting; 

(c) 

pupils, students and trainees who travel abroad on a daily basis; 

(d)  persons travelling for imperative family or business reasons; 

(e) 

(f) 

(g) 

(h) 

international  organisations  and  people 

diplomats,  staff  of 
invited  by 
international  organisations  whose  physical  presence  is  required  for  the  well-
functioning  of  these  organisations,  military  personnel  and  humanitarian  aid 
workers and civil protection personnel in the exercise of their functions; 

passengers in transit; 

seafarers; 

journalists, when performing their duties. 

Member  States  could  require  persons  arriving  from  an  area  classified  as  ‘red’, 
‘orange’  or  ‘grey’  pursuant  to  point  12(c),  (b)  and  (d)  to  submit  passenger  locator 
forms,  notably  those  arriving  by  airplane,  in  accordance  with  data  protection 
requirements.  Wherever  possible, a digital  option for passenger locator information 
should  be  used  in  order  to  simplify  processing,  while  ensuring  equal  access  to  all 
citizens. 

Where justified, Member States could consider recommending that persons travelling 
from an area classified as ‘orange’ pursuant to point 12(b) undergo at least a test for 
COVID-19 infection prior to departure or upon arrival. 

Any  measures  applied  to  persons  arriving  from  an  area  classified  area  as  ‘red’, 
‘orange’ or ‘grey’ pursuant to point 12(c), (b) and (d) may not be discriminatory, that 
is, should apply equally to returning nationals of the Member State concerned. 

Member States should ensure that any formal requirements imposed on citizens and 
businesses  provide  a  concrete  benefit  to  the  public  health  efforts  to  combat  the 
pandemic and do not create an undue and unnecessary administrative burden. 

If  a  person  develops  symptoms  upon  arrival  at  the  destination,  testing,  diagnosis, 
isolation and contact tracing should take place in accordance with the local practice, 
and entry should not be refused. Information on cases detected on arrival should be 
immediately  shared  with  the  public  health  authorities  of  the  countries  the  person 

21 

OJ C 102I , 30.3.2020, p. 12. 

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14 

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concerned  has  resided  in  during  the  previous  14  days  for  contact  tracing  purposes, 
using the Early Warning and Response System. 

27. 

Restrictions  should  not  take  the  form  of  prohibitions  on  the  operation  of  certain 
transport services. 

Communication and information to the public 

28. 

Member  States  should  provide  relevant  stakeholders  and  the  general  public  with 
clear,  comprehensive  and  timely  information  about  any  restrictions  to  free 
movement, any accompanying requirements (for example negative tests for COVID-
19 infection or passenger locator forms), as well as the measures applied to travellers 
travelling from higher-risk areas. 

In particular, Member States should, as quickly as possible, inform the public of any 
newly  introduced  or  lifted  restrictions,  communicated  to  other  Member  States  and 
the Commission pursuant to points 14 and 17. 

This information should also be made available on the ‘Re-open EU’ web platform, 
which  should  contain  a  cross-reference  to  the  map  published  regularly  by  the 
European Centre for Disease Prevention and Control pursuant to points 12 and 13. 

The  substance  of  the  measures,  their  geographical  scope  and  the  categories  of 
persons to whom they apply should be clearly described. 

Done at Brussels, 

For the Council 
The President 

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