COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL COVID-19 Guidance on persons exempted from the temporary restriction on non-essential travel to the EU as regards the implementation of Council Recommendation 2020/912 of 30 June 2020
Date: 2020-10-28
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU national, EU restrictive measure, coronavirus disease, epidemic, external border of the EU, foreign national, free movement of persons, internal border of the EU, public health, travel

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 28.10.2020  COM(2020) 686 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL COVID-19 Guidance on persons exempted from the temporary restriction on non-essential travel to the EU as regards the implementation of Council Recommendation 2020/912 of 30 June 2020  
 
 
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL 

COVID-19 
Guidance on persons exempted from the temporary restriction on non-essential travel to 
the EU as regards the implementation of Council Recommendation 2020/912 of 30 June 
2020 

I. 

Introduction 

On  30  June  2020,  the  Council  adopted  Recommendation  2020/912  on  the  temporary 
restriction on non-essential travel into the EU and the possible lifting of such restriction1.  

The  Recommendation  states  that  where  temporary  travel  restrictions  continue  to  apply  to  a 
third  country,  the  following  categories  of  persons  should  be  exempted  from  the  travel 
restriction, independent of the purpose of travel: 

(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 members; and  

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

In addition, essential travel should be allowed for the specific categories of travellers with an 
essential function or need referred to in Annex II of the Recommendation.  

Discussions  in  the  Council’s  Integrated  Political  Crisis  Response  (IPCR)  Working  Level 
Roundtable  on  14  September  2020  pointed  to  a  need  for  further  clarification  through 
interpretive  guidelines.  This  guidance  is  based  on  input  and  feedback  from  the  Member 
States, including from the Council Presidency.  

This document provides guidance to implement the Council Recommendation with regard to 
persons  exempted  from  the  temporary  restriction  on  non-essential  travel  to  the  EU.  In 
particular,  it  provides  guidance  on  the  interpretation  of  the  term  ‘family  member’  in  the 
context of the exempted family members of Union citizens or of long-term residents in the EU 
(part II).  

1 OJ L 208I , 1.7.2020, p. 1. 

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In  addition,  it  provides  guidance  on  the  specific  categories  of  travellers  with  an  essential 
function or need listed in Annex II of the Council Recommendation (part III), namely: 

 
 

the scope of the categories, taking account of the relevant EU acquis; and 
the  documentation  or  other  evidence  that  could  be  requested  from  third  country 
nationals to prove that they fall under one of the categories.  

This guidance does not exclude that Member States may consider sufficient also evidence not 
expressly referred to therein.  

In  its  Guidelines  on  ‘minimum  service’  for  processing  of  visa  applications  from  specific 
categories  of  visa  applicants  during  the  COVID-19  emergency  period2,  the  Commission 
recommended  that  Member  States  continue  to  accept  visa  applications  from  essential 
travellers, including family members covered by the Free Movement Directive 2004/38/EC3 
(hereinafter the Free Movement Directive). 

II.  Entry for family members (point 5 of the Recommendation) 

1.  Entry for family members of Union citizens (point 5(a) of the Recommendation) 

Scope:   

For the definition of the term “family members” of EU citizens, the Council Recommendation 
refers to  Articles 2 and  3 of the  Free Movement  Directive. The  categories of (third country 
national) family members referred to in these provisions are to be interpreted broadly and are 
not limited by definitions and notions in national law.4  This also  applies to the category of 
partners  in  a  “durable  relationship,  duly  attested”.  Accordingly,  under  the  Recommendation 
Member  States  should,  in  particular,  facilitate  the  reunion  of  duly  attested  durable  partners, 
regardless of the non-EU citizen’s place of residence.  

While  the  Recommendation  itself  is  a  soft  law  instrument,  the  Free  Movement  Directive 
applies to EU citizens who have exercised their right to free movement within the EU, notably 
when they reside in the territory of another Member State, and their family members.  On that 
basis, these family members are entitled to accompany or join their relatives in the Member 
State concerned. 

2  Guidance  on  the  implementation  of  the  temporary  restriction  on  non-essential  travel  to  the  EU,  on  the 
facilitation  of  transit  arrangements  for  the  repatriation  of  EU  citizens,  and  on  the  effects  on  visa  policy, 
C(2020)2050 
3 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. 
4 See Cases C-673/16, Coman; C-129/18, SM. 

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There are two relevant scenarios for third-country nationals located outside the EU who are 
family members of an EU citizen: 

a)  The  EU  citizen  has  exercised  his/her  right  to  free  movement  (notably,  when  he/she 
resides in another Member State than his/her Member State of origin): 

As set out above, obligations regarding the entry and residence of family members of mobile 
EU citizens, including durable partners, already exist based on the Free Movement Directive. 
Member States therefore cannot limit the corresponding rights when processing the entry of 
such family members as an implementation of the Council Recommendation. 

The categories of family members listed in Articles 2 and 3 of the Free Movement Directive, 
to which point 5 of the Council Recommendation refers, are the following. 

Core family members 

Article 2 of the Free Movement Directive defines the term ‘family member” as: 

a)  the spouse; 
b)  the  partner  with  whom  the  Union  citizen  has  contracted  a  registered  partnership,  on 
the  basis  of  the  legislation  of  a  Member  State,  if  the  legislation  of  the  host  Member 
State  treats  registered  partnerships  as  equivalent  to  marriage  and  in  accordance  with 
the conditions laid down in the relevant legislation of the host Member State; 

c)  the direct descendants who are under the age of 21 or are dependants and those of the 

spouse or partner as defined in point (b); 

d)  the dependent direct relatives in the ascending line and those of the spouse or partner 

as defined in point (b). 

Member States have an  obligation to  admit  entry of such family members, including, under 
the  conditions  set  out  in  point  b),  the  partner  with  whom  the  EU  citizen  has  a  registered 
partnership.  

Dependent family members 

Furthermore, Article 3 of the Free Movement Directive requires that Member States facilitate, 
in accordance with their national laws, entry and residence of any other family members than 
those  listed  above  as  “core  family  members”,  irrespective  of  their  nationality,  who,  in  the 
country from which they have come, are dependants or members of the household of a Union 
citizen having the primary right of residence, or where serious health grounds strictly require 
the personal care of the family member by the Union citizen. 

Durable relationships 

Article  3  of  the  Free  Movement  Directive  also  includes  the  requirement  that  entry  be 
facilitated,  in  accordance  with  Member  States’  national  legislation,  for  ‘the  partner  with 
whom the Union citizen has a durable relationship, duly attested’.  

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As  explained  in  the  2009  Guidance  for  better  transposition  and  application  of  Directive 
2004/38/EC5, such unmarried partners may be required to present documentary evidence that 
they  are  partners  of  an  EU  citizen  and  that  the  relationship  is  durable.  Evidence  may  be 
provided  by  any  appropriate  means.  Possible  evidence  should  include,  for  example,  a  joint 
declaration  of  the  partners,  proof  of  previous  meetings  and  common  investments.  The 
requirement of durability of the relationship must be assessed in the light of the objective of 
the Free Movement Directive to maintain the unity of the family in a broad sense. National 
rules on durability of the relationship can refer to a minimum amount of time as a criterion for 
whether it can be considered as durable. However, in this case national rules should foresee 
that  other  relevant  aspects  (such  as  for  example  a  joint  lease  or  mortgage  to  rent  or  buy  a 
home) are also taken into account in the overall assessment6.  

b) When an EU citizen has not exercised free movement rights (notably, when residing 
in his/her Member State of nationality)  

In this scenario, national law instead of EU law applies to the entry of third-country national 
family members of EU citizens, including unmarried partners, as these citizens fall outside the 
scope of the Free Movement Directive. 

Nonetheless,  in  accordance  with  the  Recommendation,  Member  States  should  treat  such 
family members like those of mobile EU citizens, which should also enable Member States to 
avoid  the  additional  administrative  burden  stemming  from  the  need  to  apply  different 
procedures. 

Possible evidence for unmarried partners: 

joint declaration of the partners on their relationship;  

- 
-  proof of previous meetings in person (e.g. by passport stamps and travel documents); 
-  minimum  duration  of  the  relationship  in  case  national  criteria  exist  in  this  respect 
(consideration should be given to the fact that the travel restrictions have been in place 
for more than six months now and will continue); or 
joint lease contract, joint bank account. 

- 

2.  Entry  for  third-country  nationals  and  their  family  members  (point  5(b)  of  the 

Recommendation) 

Point  5(b)  of  the  Council  Recommendation  should  be  understood  as  covering  third-country 
nationals who: 

5 COM (2009) 313 final of 2.7.2009. 
6 2009 Guidance for better transposition and application of Directive 2004/38/EC, page 4. 

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-  hold  a  visa  or  a  residence  permit  issued  by  a  Member  State  under  the  EU  legal 
migration  acquis,  i.e.  Directive  2003/86/EC  on  the  right  to  family  reunification, 
Directive 2003/109/EC on long-term residents, Directive 2009/50/EC on the EU Blue 
Card,  Directive  2014/36/EU  on  seasonal  workers,  Directive  2014/66/EU  on  Intra-
corporate transferees and Directive (EU) 2016/801 on students,  researchers, trainees, 
volunteers, school pupils and au pairs.  

This  also  implies  that  third-country  nationals,  and  where  applicable,  their  family 
members, who fulfil the conditions of admission set in those Directives should be able 
to submit their applications in order to be granted such a visa or residence permit, and 
subsequently be exempted from the travel restriction;  

or 

-  hold a residence permit or a long-stay visa issued by a Member State under its national 

law.  

Those third-country nationals should also be allowed to transit through other Member States 
to reach the Member State that issued the visa or residence permit. 

III.  Specific  categories  of  travellers  with  an  essential  function  or  need  – 

Annex II of Council Recommendation 2020/912 

The list in Annex II of specific categories of travellers with an essential  function or need is 
intended to take into account economic and social considerations that third-country nationals 
may have for travelling to the EU, as well as the economic and social interest that the EU may 
have  for  allowing  such  third  country  nationals  to  enter  the  EU.  Contrary  to  the  list  of  third 
countries in Annex I for which the restriction on non-essential travel into the EU can be lifted, 
the list of categories in Annex II should be applied by Member States in full. Member States 
should allow travel for all the categories listed there, and not only to some of them.  

The guidance on the categories listed below, as well as on the evidence to be supplied, is not 
meant to be exhaustive. Member States are encouraged to apply a broad interpretation of both 
the  scope  and  possible  evidence,  whilst  bearing  in  mind  that  the  evidence  supplied  should 
allow the authorities to establish a direct link to the activities for which access is granted.  

1.  Healthcare professionals, health researchers, and elderly care professionals  

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Scope:  This  category  should  cover  people  with  an  essential  function  or  need,  including 
healthcare  professionals,  health  researchers,  and  elderly  care  professionals,  including  the 
following: 

-  health professionals including paramedical professionals; 
-  personal care workers in health services, including care workers for children, persons 

with disabilities and the elderly; 
scientists in health-related industries; 

- 
-  workers in pharmaceutical and medical devices industry; and 
-  workers  involved  in  the  supply  of  goods,  in  particular  for  the  supply  chain  of 
medicines,  medical  supplies,  medical  devices  and  personal  protective  equipment, 
including in their installation and maintenance. 

Possible evidence includes: employment contract, confirmation from employer, invitation 
from a host for personal care workers, authorisation for work or work permit.  

2.  Frontier workers  

Scope: This category should cover workers who have to cross the border of an EU Member 
State but who return on a daily basis, or at least once a week, to a third country in which they 
reside and of which they are nationals. 

Possible evidence includes: employment contract, confirmation from employer, authorisation 
for work or the work permit.  

3.  Seasonal workers in agriculture 

Scope: This category should cover third-country nationals who maintain their principal place 
of  residence  in  a  third  country  and  stay  legally  and  temporarily  in  the  territory  of  an  EU 
Member State to carry out agricultural or aquaculture work, under a work contract concluded 
directly between that third-country national and the employer established in that EU Member 
State.  

Possible evidence includes: employment contract, confirmation from employer, authorisation 
for work or work permit.  

4.  Transport personnel  

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Scope: The temporary travel  restrictions should not  apply to  transport personnel,  also  when 
they  are  travelling  to  or  from  their  vehicle,  aircraft  or  vessel  (in  order  to  perform,  or  after 
completing,  a  transport  operation).  This  category  should  be  interpreted  broadly.  It  should 
cover in particular: 

- 

- 
- 

car, van  and motorcycle drivers, heavy truck and bus drivers (includes bus and tram 
drivers)  and  ambulance  drivers,  including  those  drivers  who  transport  assistance 
offered  under  the  Union  Civil  Protection  Mechanism  and  those  transporting 
repatriated EU citizens from another Member State to their place or origin; 
airline pilots, cabin crew and maintenance personnel; 
inspectors,  maintenance 
train  drivers  and  other  on-board  personnel;  wagon 
workshops’  staff  as  well  as  the  infrastructure  managers’  staff  involved  in  traffic 
management and capacity allocation; and 

-  maritime  and  inland  navigation  workers,  including  captains,  crew  and  maintenance 

personnel, to the extent that they are not covered by category viii (seafarers).  

Possible evidence includes:  employment contract,  confirmation  from employer,  employer’s 
issued  identity  document  (badge),  pilot  licence,  crewmember  certificate,  transport  order  (in 
case of self-employed drivers), authorisation for work or work permit.  

5.  Diplomats,  staff  of  international  organisations  and  people  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  

Scope: This category should cover holders of diplomatic, official or service passports/identity 
cards  issued  by  third  countries  or  their  Governments  recognised  by  the  Member  States,  as 
well as the holders of documents issued by international organisations, when traveling to fulfil 
their function. 

Possible evidence includes: diplomatic, official or service passports/identity cards issued by 
third  countries  or  their  governments  and  recognised  by  the  Member  States,  as  well  as 
documents issued by international organisations, in particular the following: 

- 

a United Nations laissez-passer issued to staff of the United Nations and subordinate 
agencies under the Convention on Privileges and Immunities of Specialised Agencies 
adopted  by  the  United  Nations  General  Assembly  on  21  November  1947  in  New 
York; 
- 
a legitimacy certificate issued by the Secretary-General of the Council of Europe; 
-  documents issued pursuant to paragraph 2 of Article III of the Agreement between the 
Parties  to  the  North  Atlantic  Treaty  regarding  the  Status  of  their  Force  (military  ID 
cards  accompanied  by  a  travel  order,  travel  warrant,  or  an  individual  or  collective 

7 

 
 
 
 
movement order) as well as documents issued in the framework of the Partnership for 
Peace; or 
an employment contract, confirmation from employer, mission letter.  

- 

6.  Passengers in transit  

Scope:  Third-country  nationals,  holding  a  valid  entry  permit  for  the  country  of  destination 
(e.g. uniform visa), irrespective of their nationality, who need to transit via the EU should be 
allowed onward transit while travelling to their country of origin or EU country of residence, 
and  allowed  a  reasonable/realistic  duration  of  transit  (an  overnight  stop  might  be  needed). 
Given the reduced availability of direct commercial flights, ‘onward transit’ should cover any 
means of transportation. 

Possible evidence includes: proof of onward travel, such as a transport ticket, boarding pass.  

7.  Passengers travelling for imperative family reasons;  

Scope:  As  no  exhaustive  list  of  possible  imperative  family  reasons  can  be  established,  this 
category should be interpreted broadly and assessed on an individual basis. It could, amongst 
others,  include  travel  for  custodial  or  visiting  rights  for  a  child  as  well  as  the  school 
attendance of a child, emergency help for a family member, wedding of the travelling person 
or of a close family member, birth or funeral of a family member.  

Possible  evidence  includes:  a  wide  variety  of  different  documents,  for  instance,  copies  of 
relevant  documents,  such  as:  proof  of  custodial  right  of  the  child,  proof  of  residence  of  the 
visiting  parent  and  visited  child,  wedding  publication  and  invitation,  certificate  of  expected 
date of delivery, birth or death certificate.  

8.  Seafarers 

Scope:  This  category  should  cover  third  country  nationals  holding  a  seafarer’s  identity 
document issued in  accordance with  the  International  Labour Organisation (ILO) Seafarers’ 
Identity  Documents  Convention  No  108  (1958)  or  No  185  (2003),  the  Convention  on 
Facilitation of International Maritime Traffic (FAL Convention) and the relevant national law, 
a Seafarers Employment Agreement in accordance with the Maritime Labour Convention of 
the  ILO,  a  confirmation  from  the  employer  or  a  Certificate  for  International  Transport 
Workers as annexed to the Green Lanes Communication (C/2020/1897). It should also cover 
service and maintenance personnel in shipping in as far as not already covered by category iv 
(transport personnel).  

8 

 
 
 
 
 
 
 
 
Possible evidence includes: seafarer’s identity document, Seafarers Employment Agreement, 
confirmation 
International  Transport  Workers, 
the  employer,  Certificate 
documentation proving purpose of travel, such as (copy of) work contract.  

from 

for 

9.  Persons in need of international protection or for other humanitarian reasons 

Scope: The temporary travel restrictions should not apply to persons in need of international 
protection or for other humanitarian reasons.  

Temporary  travel  restrictions  should  also  not  apply  to  persons  travelling  in  order  to  receive 
essential medical care. 

As third country nationals should be in a position to apply for international protection upon 
arrival into the EU, no evidence should be required for this category.   

For  essential  medical  care,  a  statement  confirming  the  person’s  need  for  essential  medical 
care  from  a  medical  practitioner  registered  in  a  Member  State,  in  Norway,  Iceland, 
Liechtenstein or Switzerland. 

10. Third-country nationals travelling for the purpose of study  

Scope: This  exception is broadly worded and therefore, does not  only  cover actual students 
but all persons travelling in order to pursue studies or training of any kind, if duly justified.    

This  exception must cover students  who are defined in  Article 3(3) of  the EU Students and 
Researchers  Directive  2016/801  as  “a  third-country  national  who  has  been  accepted  by  a 
higher education institution and is admitted to the territory of a Member State to pursue as a 
main activity a full-time course of study leading to a higher education qualification recognised 
by  that  Member  State,  including  diplomas,  certificates  or  doctoral  degrees  in  a  higher 
education  institution,  which  may  cover  a  preparatory  course  prior  to  such  education,  in 
accordance with national law, or compulsory training.”  

The  exception  may  also  cover  third-country  nationals  coming  for  the  purpose  of  study  or 
training but who do not fall under this definition. 

There is no minimum duration as to the length of the studies. In particular, and based on the 
language used under this point of Annex II, there is no reason to require that the studies must 
span an entire academic year or semester. 

Possible evidence includes: proof of enrolment, invitation to enrol, recognised student  card 
or certificate for the courses to attend, a certificate of enrolment at a teaching institute for the 

9 

 
 
 
 
 
 
purposes of attending vocational or theoretical courses in the framework of basic and further 
training.  

11. Highly  qualified  third-country  workers  if  their  employment  is  necessary  from  an 
economic perspective and the work cannot be postponed or performed abroad    

Scope: This  exception covers workers who are third-country nationals  and who, because of 
their high level  of skills  and  expertise, are  required in  order to  contribute to  the EU’s post-
COVID  economic  recovery.  It  may  include  those  whose  application  for  permits  under  the 
Blue  Card  Directive  2009/50,  the  ICT  Directive  2014/66,  under  Directive  2016/801  as 
Researchers,  or  under  a  national  scheme  for  skilled  migrants,  was  approved,  but  who  were 
until now prevented from entering the EU due to the entry ban. 

Based on the feedback received from Member States, the following should be included: 

  professional  athletes  and  their  staff  for  competitions  in  Member  States  (even  if  not 

employed);  

  professional  performers/artists,  including  any  technical  staff  members  accompanying 

 

professional performers/artists; 
international  journalists  who  have  to  be  personally  or  physically  present  in  order  to 
report current news; 

  experts, researchers and scientists; and  
 

third country nationals travelling for business purposes (including attendance to Trade 
Fairs and Exhibitions, acceptance tests and in-house-training for the commissioning of 
a new investment into the EU for economic reasons), if the trip cannot be postponed or 
the business conducted from abroad.   

Possible  evidence  includes:  an  employment  contract,  authorisation  for  work  or  a  work 
permit, confirmation from an employer of the necessity to travel, an invitation from a sports 
organisation, an invitation from a firm or an authority to attend meeting/conferences or events 
connected  with  trade,  industry  or  services,  invitations,  entry  tickets,  enrolments  or 
programmes  stating  wherever  possible  the  name  of  the  host  organisation  and  the  length  of 
stay or any other appropriate document indicating the purpose of the visit, exhibitor contracts 
with  –  or  admission  to  –  a  Trade  Fair,  a  press  card  from  the  International  Federation  of 
Journalists.  

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