Proposal for a COUNCIL RECOMMENDATION on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction, amending Council Recommendation 2020/912
Date: 2021-01-25
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU restrictive measure, Schengen Agreement, border control, coronavirus disease, epidemic, external border of the EU, internal border of the EU, public health, third country, travel

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   EUROPEAN COMMISSION  Brussels, 25.1.2021  COM(2021) 39 final 2021/0023 (NLE)  Proposal for a COUNCIL RECOMMENDATION on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction, amending Council Recommendation 2020/912  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives 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 the external borders, based on the recommendation from the 
Commission. In the follow-up to that agreement, all EU Member States (with the exception of 
Ireland) and Schengen Associated States (hereafter ‘Member States’) took national decisions 
to  implement  the  travel  restriction3.  Since  then,  this  restriction  has  been  prolonged  several 
times4. 
On 11 June 2020, the Commission adopted a Communication5 that recommended prolonging 
the travel restriction until 30 June 2020 and set out an approach for the gradual lifting of the 
restriction on non-essential travel into the EU as of 1 July 2020. On 26 June, the Commission 
adopted a proposal for a Council Recommendation on the restriction on non-essential travel 
into the EU6.  
The Council adopted this Recommendation on 30 June 20207. It has since then been amended 
five times, on 16 July, 30 July, 7 August, 22 October and 17 December 2020, to update the 
list, in Annex I, of third countries for which the restriction on non-essential travel into the EU 
can be lifted. 8 countries have been taken off the initial list of 15 countries and one country, 
Singapore, has been added, bringing the total number of countries from which non-essential 
travel  to  the  EU  currently  should  be  possible  to  currently  8  countries  (and  2 special 
administrative regions of a country). 

At  the  same  time,  the  epidemiological  situation  in  the  European  Union  worsened  in  the 
autumn  and  has  become  even  more  volatile  with  the  appearance  of  variants  of  COVID-19. 
The  Commission  responded  to  this  development  in  a  first  step  by  adopting  Commission 
Recommendation of 22 December 2020 on a coordinated approach to travel and transport in 
response to the SARS-COV-2 variant observed in the United Kingdom.8 

As noted in the Commission’s Communication of 19 January 2021 on a united front to beat 
COVID-199, thanks to pioneering science and remarkable political and industrial efforts, what 
is normally done in ten years was achieved in ten months and with speedy, mass vaccinations 
being rolled out, millions of Europeans will now be vaccinated against COVID-19.  

1 
2 

3 

4 
5 
6  
7  

8  
9  

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, and COM(2020)222, 8 May 2020. 
COM(2020) 399, 11 June 2020. 
COM(2020) 287, 26 June 2020. 
Council Recommendation (EU) 2020/912 of 30 June 2020 on the temporary restriction on non-essential 
travel into the EU and the possible lifting of such restriction. 
C(2020) 9607 final. 
COM(2021) 35 final. 

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However, while infections rise and until vaccinations are done on a scale required to turn the 
tide  of  the  pandemic,  continued  vigilance,  containment  measures  and  public  health  controls 
will be required. The EU and Member States must act now to contain the risk of a potentially 
harsher third wave of infections, characterised by the more transmissible new variants of the 
virus, which are already present across Europe.  

These  new  variants  of  the  virus10  are  a  real  and  serious  cause  for  concern.  While  currently 
there  is  no  evidence  that  these  cause  more  severe  disease,  the  variants  appear  to  be 
somewhere  between  50–70  %  more  transmissible11.  This  means  that  the  virus  can  spread 
more  easily  and  more  quickly,  increasing  the  burden  on  overstretched  healthcare  systems. 
This is one likely cause for the substantial rises in cases in most Member States over recent 
weeks. 

As  a  result,  travel  will  continue  to  pose  a  particular  challenge.  All  non-essential  travel, 
especially  to  and  from  high  risk  areas,  should  be  strongly  discouraged  until  the 
epidemiological situation has considerably improved. 

• 

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.  

The  criteria  in  the  Recommendation  refer  to  the  average  EU  14-day  notification  rate  of 
15 June  2020  whereas  the  Council  Recommendation  on  a  coordinated  approach  to  the 
restriction of free movement in response to the COVID-19 pandemic, adopted on 13 October 
2020, uses additional criteria, namely the testing rate and the test positivity rate12.  

The criteria used in the Council Recommendation of 13 October 2020 reflect the most recent 
scientific advice, and the Council Recommendation on non-essential travel to the EU should 
be  reviewed  in  the  same  light.  The  differences  between  the  right  of  free  movement  of  EU 
citizens and long-term  EU residents  on the one hand, and travel  from  third countries on the 
other,  do  not  allow  for  the  thresholds  laid  down  in  the  Council  Recommendation  of  13 
October  to  be  applied  automatically.  However,  the  criteria  and  procedures  set  out  in  the 
Council  Recommendation  of  13  October  can  provide  useful  inspiration  also  in  the  present 
context. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  and  in  particular  points  (b) 
and (e) of Article 77 (2) and Article 292, first and second sentence, thereof.  

10  
11  

Variants “B117” and “501Y.V2”. 
ECDC  Risk  Assessment:  Risk  related  to  spread  of  new  SARS-CoV-2  variants  of  concern  in  the 
EU/EEA. 

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• 

Subsidiarity (for non-exclusive competence)  

Article  292  TFEU  enables  the  Council  to  adopt  recommendations.  According  to  the  first 
sentence  of  this  provision,  the  Council  shall  adopt  recommendations,  and  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(2)(b)  TFEU  provides  for  measures  on  checks  on  persons 
crossing  the  external  borders,  while  Article  77(2)(e)  TFEU  provides  for  the  absence  of  any 
controls on persons, whatever their nationality, when crossing internal 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.  

• 

Choice of the instrument 

This proposal has the objective to amend Council Recommendation 2020/912. This objective 
requires another Council Recommendation. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

3. 

• 

N/A. 

• 

Stakeholder consultations and impact assessment 

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

• 

4. 

BUDGETARY IMPLICATIONS 

None. 

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2021/0023 (NLE) 

Proposal for a 

COUNCIL RECOMMENDATION 

on the temporary restriction on non-essential travel into the EU and the possible lifting 
of such restriction, amending Council Recommendation (EU) 2020/912 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

13  

14  

15  

16  

On  30  June  2020,  the  Council  adopted  Recommendation  (EU)  2020/912  on  the 
temporary  restriction  on  non-essential  travel  into  the  EU  and  the  possible  lifting  of 
such restriction13. 

The  criteria  set  out  in  Council  Recommendation  (EU)  2020/912  refer  to  the  average 
EU  14-day  notification  rate  of  15  June  2020.  The  Council  Recommendation  on  a 
coordinated approach to the restriction of free movement in response to the COVID-19 
pandemic,  adopted  on  13  October  2020,  uses  additional  criteria  that  reflect  the  most 
recent scientific advice14. 

New variants of the SARS COV-2 virus are a serious cause for concern. The variants 
appear to be somewhere between 50–70 % more transmissible15 increasing the burden 
on healthcare systems. 

The criteria and thresholds laid down in Regulation (EU) 2020/912 should therefore be 
updated. 

On  22  December  2020,  the  Commission  responded  to  the  appearance  of  one  such 
variant  with  the  adoption  of  a  Recommendation  on  a  coordinated  approach  to  travel 
and  transport  in  response  to  the  SARS-COV-2  variant  observed  in  the  United 
Kingdom.16 

On 19 January 2021, the Commission in its Communication on a united front to beat 
COVID-19  called  for  urgent  action  to  contain  the  risk  of  a  potentially  harsher  third 
wave of infections. 

Council Recommendation (EU) 2020/912 of 30 June 2020 on the temporary restriction on non-essential 
travel into the EU and the possible lifting of such restriction (OJ LI 208, 1.7.2020, p. 1). 
Council  Recommendation  (EU)  2020/1475  of  13  October  2020  on  a  coordinated  approach  to  the 
restriction of free movement in response to the COVID-19 pandemic (OJ L 337, 14.10.2020, p. 3). 
ECDC  Risk  Assessment:  Risk  related  to  spread  of  new  SARS-CoV-2  variants  of  concern  in  the 
EU/EEA,  available  at:  https://www.ecdc.europa.eu/en/publications-data/covid-19-risk-assessment-
spread-new-sars-cov-2-variants-eueea  
C(2020) 9607 final. 

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(5) 

(6) 

(7) 

(8) 

(9) 

In  the  same  Communication,  the  Commission  also  stressed  that  all  non-essential 
travel, especially to and from high risk areas, should be strongly discouraged until the 
epidemiological situation has considerably improved. 

On 21 January 2021, the European Centre for Disease Prevention and Control issued 
its latest risk assessment on the spread of the new SAR-CoV-2 variants of concern in 
the  EU/EEA17,  recommending  the  adoption  of  stricter  measures  and  of  guidance  on 
the avoidance of non-essential  travel, including for the purpose of slowing down the 
importation  and  spread  of  the  new  SARS-CoV-2  variants  of  concern.  In  addition  to 
recommendations  against  non-essential  travel,  and  restrictions  on  travel  for  those 
infected,  travel  measures  such  as  testing  and  quarantine  of  travellers  should  be 
maintained, in particular for travellers from areas with a higher incidence of the new 
variants.  If  sequencing  is  still  insufficient  to  exclude  the  possibility  of  a  higher 
incidence  of  the  new  variants,  as  per  European  Centre  for  Disease  Prevention  and 
Control  guidance  on  genomic  sequencing,  proportionate  travel  measures  should  also 
be  considered  from  areas  where  there  is  a  continued  high  level  of  community 
transmission.   

In the oral  conclusions drawn following  the video conference of the members  of the 
European  Council  on  21  January  2021,  the  President  of  the  European  Council  noted 
that measures restricting non-essential travel into and within the EU may be needed to 
contain  the  spread  of  the  virus  and  called  on  the  Council  to  review  its 
recommendations on intra-EU travel and non-essential travels into the EU in light of 
the risks posed by the new virus variants. 

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

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/EC18; Ireland is therefore not taking part in its adoption and is not bound by 
it or subject to its application. 

(10)  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/EC19. 

(11)  As  regards  Switzerland,  this  Recommendation  constitutes  a  development  of  the 
provisions of the Schengen acquis within the meaning of the Agreement between the 

17  

18 

19 

European  Centre  for  Disease  Prevention  and  Control.  Risk  related  to  spread  of  new  SARS-CoV-2 
variants of concern in the EU/EEA, first update–21January 2021. ECDC: Stockholm; 2021. Available 
at:  https://www.ecdc.europa.eu/sites/default/files/documents/COVID-19-risk-related-to-spread-of-new-
SARS-CoV-2-variants-EU-EEA-first-update.pdf  
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. 

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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/EC20  read  in  conjunction  with  Article  3  of  Council  Decision 
2008/146/EC21. 

(12)  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/EC22 read in conjunction with 
Article 3 of Decision 2011/350/EU23,  

HAS ADOPTED THIS RECOMMENDATION: 

Council Recommendation 2020/912 on the temporary restriction on non-essential travel into 
the EU and the possible lifting of such restriction24 is amended as follows: 

1.  The second paragraph of point 1 is replaced by the following: 

“To  determine  the  third  countries  for  which  the  current  restriction  on  non-essential 
travel  into  the  EU  should  be  lifted,  the  epidemiological  situation  in  the  respective 
third countries and further criteria as set out in this Recommendation should be taken 
into account.”   

2.  Point 2 is replaced by the following: 

“As regards the epidemiological situation, the following criteria should apply: 

– 

– 

– 

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  the 
previous 14 days;  

the  ‘testing  rate’,  that  is,  the  number  of  tests  for  COVID-19  infection  per 
100 000 population carried in the previous seven days;  

the ‘test positivity rate’, that is, the percentage of positive tests among all tests 
for COVID-19 infection carried out in the previous seven days; 

20 
21 

22 
23 

24  

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). 
Council Recommendation (EU) 2020/912 of 30 June 2020 on the temporary restriction on non-essential 
travel into the EU and the possible lifting of such restriction (OJ LI 208, 1.7.2020, p. 1). 

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– 

the  nature  of  the  virus  present  in  a  country,  in  particular  whether  variants  of 
concern  of  the  virus  have  been  detected.  Variants  of  concern  are  variants 
identified as such by the European Centre for Disease Prevention and Control 
(ECDC) or by the authorities of the Member States in a coordinated way. 

To  be  included  in  Annex  I,  third  countries  should  meet  the  following  thresholds:  a 
14-day  cumulative  COVID-19  case  notification  rate  of  not  more  than  25,  a  testing 
rate above 300, and a test positivity rate of not more than 4%.” 

3.  Point 4 is amended as follows: 

a)  The second paragraph is replaced by the following: 

“Travel  restrictions  may  be  totally  or  partially  lifted  or  reintroduced  for  a  specific 
third  country  already  listed  in  Annex  I,  according  to  changes  in  some  of  the 
conditions  set  out  above  and,  as  a  consequence,  in  the  assessment  of  the 
epidemiological  situation.  Rapid  decision-making  should  be  applied  in  case  the 
situation in a third country worsens quickly, and in particular, where a high incidence 
of variants of concern of the virus are detected.” 

b)  The following new paragraph is added: 

“In  order  to  lift  the  temporary  restriction  on  non-essential  travel  into  the  EU  with 
regard to the third countries listed in Annex I, Members States should, on a case-by-
case basis, take into account reciprocity granted to the EU+ area.” 

4.  The following new point is inserted after point 4: 

“Member States  should  strongly discourage non-essential travel  from  the EU+ area 
to countries other than those listed in Annex I.” 

5.  The following points are renumbered accordingly. 

6.  New point 6 is amended as follows: 

(a) The second paragraph is deleted. 

(b) The last paragraph is replaced by the following: 

“The  list  of  specific  categories  of  travellers  with  an  essential  function  or  need 
referred to in Annex II may be reviewed by the Council, based on a proposal from 
the  Commission,  depending  on  social  and  economic  considerations  as  well  as  the 
overall  assessment  of  the  evolution  of  the  epidemiological  situation,  based  on  the 
methodology, criteria and information referred to above.” 

7.    New point 7 is replaced by the following: 

“Member States  should  require persons travelling for any essential or non-essential 
reason,  function,  or  need,  with  the  exception  of  transport  and  frontier  workers,  to 
have  tested  negative  for  COVID-19  on  the  basis  of  a  polymerase  chain  reaction 
(PCR)  test  taken  at  the  earliest  72  hours  before  departure,  and  to  submit  the 
appropriate proof of such a test result in the form stipulated by the authorities. 

Persons referred to in point 6 (a) and (b) should have the possibility to carry out the 
test after arrival. This is without prejudice to any obligation to undergo any further 
measure, including quarantine, after arrival. 

In addition, Member States may require self-isolation, quarantine and contact tracing 
for a period of up to 14 days, as well as further COVID-19 testing as needed during 
the  same  period,  provided  that  they  impose  the  same  requirements  on  their  own 

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nationals when travelling from the same third country of origin. For those travellers 
arriving  from  a  third  country  where  a  variant  of  concern  of  the  virus  has  been 
detected,  Member  States  should  impose  such  requirements  and  in  particular, 
quarantine upon arrival and additional testing upon or after arrival.  

As regards travel undertaken in connection with an essential function or need as set 
out in Annex II: 

  Member States may decide, in a coordinated way, to waive some or all of the 
above  measures  in  those  cases  where  such  measure  would  impede  the  very 
purpose of the travel; 

  For  transport  and  frontier  workers,  Member  States  should  not  require  more 
than a negative Rapid Antigen Tests on arrival to enter into the EU+ area; 

  Air crews should be exempted from any testing if their stay in a third country 
was  less  than  12  hours,  unless  they  arrive  from  a  third  country  where  a 
variant  of  concern  has  been  detected,  in  which  case  they  should  undergo 
proportionate testing.  

This is without prejudice to general public health requirements that may be imposed 
by  the  Member  States  such  as  physical  distancing  and  the  requirement  to  wear  a 
mask.” 

8.    The following new point is inserted after new point 7: 

“Member  States  should  require  persons  entering  the  EU  to  submit  a  Passenger 
Locator  Form  (PLF) in  accordance with  applicable data protection requirements. A 
common European Passenger Locator Form should be developed for possible use by 
Member States. Wherever possible, a digital option for passenger locator information 
should be used in order to simplify processing and expediting contact tracing, while 
ensuring equal access to all third-country nationals.” 

9.   The following points are renumbered accordingly. 

Done at Brussels, 

For the Council 
The President 

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