Proposal for a COUNCIL RECOMMENDATION amending 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
Date: 2021-01-25
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: border control, coronavirus disease, disease prevention, epidemic, free movement of persons, free movement of workers, internal border of the EU, public health, traveller

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   EUROPEAN COMMISSION  Brussels, 25.1.2021  COM(2021) 38 final 2021/0021 (NLE)  Proposal for a COUNCIL RECOMMENDATION amending 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 (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

On  13  October  2020,  the  Council  adopted  Council  Recommendation  (EU)  2020/1475  on  a 
coordinated  approach  to  the  restriction  of  free  movement  in  response  to  the  COVID-19 
pandemic1.  The  Recommendation  established  a  coordinated  approach  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. 

Council  Recommendation  (EU)  2020/1475  seeks  to  ensure  increased  coordination  among 
Member States considering the adoption of measures restricting free movement on grounds of 
public health in  the context  of the pandemic. The Recommendation states clearly that  when 
adopting and applying restrictions to free movement, Member States should respect principles 
of EU law, in particular proportionality and non-discrimination.  

The  Recommendation  tasked  the  Commission,  supported  by  European  Centre  for  Disease 
Prevention  and  Control,  to  regularly  assess  the  criteria,  data  needs  and  thresholds  outlined 
therein  in  view of the  evolving epidemiological  situation  and, to  transmit  its  findings to  the 
Council for its consideration, together with a proposal to amend the Recommendation, where 
necessary. 

As noted in the Commission’s Communication of 19 January 2021 on a united front to beat 
COVID-192, the turn of the year is likely to mark the beginning of the end of the COVID-19 
pandemic. 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 have now been vaccinated against COVID-19.  

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  virus3  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 transmissible4. 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. 

1 
2 
3 
4 

OJ L 337, 14.10.2020, p. 3. 
COM(2021) 35 final. 
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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This  is  supported  by  the  recommendations  issued  by  the  European  Centre  for  Disease 
Prevention  and  Control  (ECDC)  in  its  rapid  risk  assessment  of  21  January  20215.  ECDC 
assessed the probability of the introduction and community spread of variants of concern in 
the  EU/EEA  as  very  high  due  to  their  increased  transmissibility.  Such  an  increased 
transmissibility  was  likely  to  lead  to  an  increased  number  of  infections.  This,  in  turn,  was 
likely to lead to higher hospitalisation and death rates across all age-groups, but particularly 
for  those  in  older  age  groups  or  with  co-morbidities.  Consequently,  ECDC  considered  that 
stricter non-pharmaceutical interventions were needed to reduce transmission and relieve the 
pressure on healthcare systems. Therefore, ECDC considered the impact of introduction and 
community spread to be high. ECDC assessed the overall risk associated with the introduction 
and community spread of variants of concern as being high/very high. 

In  order  to  slow  down  the  importation  and  spread  of  the  new  SARS-CoV-2  variants  of 
concern,  ECDC  recommended,  as  one  of  the  options  for  response,  that  non-essential  travel 
should  be  avoided.  In  addition  to  recommendations  against  non-essential  travel,  and 
restrictions on travel for those infected, travel measures such as the testing and quarantining 
of  travellers  should  be  maintained,  in  particular  for  travellers  from  areas  with  a  higher 
incidence  of  the  new  variants.  If  sequencing  is  inadequate  to  exclude  the  possibility  of  a 
higher  incidence  of  the  new  variants,  as  per  guidance  by  ECDC  on  genomic  sequencing, 
proportionate travel measures should also be considered from areas where there is a continued 
high level of community transmission. 

As provided for in Council Recommendation (EU) 2020/1475, the Commission, supported by 
ECDC,  has  been  regularly  assessing  the  criteria,  data  needs  and  thresholds  outlined  in  that 
Recommendation  in  view  of  the  evolving  epidemiological  situation.  In  view  of  the 
abovementioned  challenges  posed  by  the  more  infectious  variants  of  concern,  the 
Commission considers that Council Recommendation (EU) 2020/1475 should be adapted.  

Proportionate,  non-discriminatory  travel  restrictions  and  testing  of  travellers  should  be 
maintained  or  reinforced,  in  particular  from  areas  with  a  higher  incidence  of  variants  of 
concern.  Where  required,  quarantine  of  travellers  should  be  put  in  place,  with  appropriate 
exceptions for travellers with an essential function or need. 

Such targeted measures aim to prevent the need for border closures or blanket travel bans and 
suspension of flights, land transport and water crossings between Member States, which  are 
not justified as more targeted measures have sufficient impact and cause less disruption. The 
system of “Green Lanes”6 should keep transport flows moving, in particular to ensure the free 
movement of goods, thus avoiding supply chain disruptions. 

5 

6 

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 – 21 January 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 
See  Communication  from  the  Commission  on  upgrading  the  transport  Green  Lanes  to  keep  the 
economy  going  during  the  COVID-19  pandemic  resurgence,  COM(2020)  685  final,  and  Commission 
Recommendation  (EU)  2020/2243  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,  OJ  L  436, 
28.12.2020, p. 72. 

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• 

Consistency with existing policy provisions in the policy area 

This  recommendation  serves  to  facilitate  the  implemention  of  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), 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.  

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 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 and relevant available scientific evidence. 

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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.  

Any limitations to the freedom of movement within the Union justified on grounds of 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. 

4. 

BUDGETARY IMPLICATIONS 

None. 

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2021/0021 (NLE) 

Proposal for a 

COUNCIL RECOMMENDATION 

amending 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 

(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 168(6) and Article 292, first and second sentence thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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8 

9 

On 13 October 2020, the Council adopted Council Recommendation (EU) 2020/1475 
on  a  coordinated  approach  to  the  restriction  of  free  movement  in  response  to  the 
COVID-19  pandemic7.  The  Recommendation  established  a  coordinated  approach  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. 

Using  the  criteria  and  thresholds  established  in  that  Recommendation,  the  European 
Centre for Disease Prevention and Control has been publishing, once a week, a map of 
Member States, broken down by regions, in order to support Member States’ decision-
making8. 

As provided for in recital 26 of that Recommendation, 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, in view of the evolving epidemiological situation. 

Two factors impact the current development of the pandemic. On the one hand, since 
the beginning of 2021, mass vaccinations is being rolled out and millions of Europeans 
have  been  vaccinated  against  COVID-19  already.  However,  as  noted  in  the 
Communication  from  the  Commission  to  the  European  Parliament,  the  European 
Council  and  the  Council  on  a  united  front  to  beat  COVID-199,  while  infections  rise 
and  until  vaccinations  are  administered  on  a  scale  required  to  turn  the  tide  of  the 

OJ L 337, 14.10.2020, p. 3. 
Available 
at: 
restriction-free-movement  
COM(2021) 35 final. 

https://www.ecdc.europa.eu/en/covid-19/situation-updates/weekly-maps-coordinated-

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(5) 

(6) 

(7) 

(8) 

(9) 

pandemic, continued vigilance, containment measures and public health controls will 
be required. In particular, the EU and Member States must act to contain the risk of a 
potentially  harsher  next  wave  of  infections,  characterised  by  the  more  transmissible 
new variants of the SARS-CoV-2 virus, which are already present across Europe. 

The  recent  emergence  of  new  variants  of  the  virus  is  a  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 transmissible10. 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. 

In its latest risk assessment on spread of the new SAR-CoV-2 variants  of concern in 
the EU/EEA11, the European Centre for Disease Prevention and Control states that the 
risk associated with the introduction and community spread of variants of concern has 
been increased to high/very high. 

As  one  of  the  options  to  respond  to  this  risk,  the  European  Centre  for  Disease 
Prevention  and  Control  recommends  that  in  order  to  slow  down  the  importation  and 
spread  of  the  new  SARS-CoV-2  variants  of  concern,  non-essential  travel  should  be 
avoided. In addition to recommendations against non-essential travel, and restrictions 
on  travel  for  those  infected,  travel  measures  such  as  the  testing  and  quarantining  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 view of the recommendations from the European Centre for Disease Prevention and 
Control,  Council  Recommendation  (EU)  2020/1475  should  therefore  be  amended 
accordingly. 

In order to take into account the very high level of community transmission, possibly 
linked to the increased transmissibility of the new variants of concern, a new colour, 
dark  red,  should  be  added  to  the  map  published  weekly  by  the  European  Centre  for 
Disease Prevention and Control. This colour should indicate areas  where the virus is 
circulating  at  very  high  levels,  including  because  of  more  infectious  variants  of 
concern.  

(10)  Member  States  should  also  take  into  account  the  prevalence  of  new  SARS-CoV-2 
variants  of  concern.  The  Communication  from  the  Commission  to  the  European 
Parliament, the European Council and the Council on a united front to beat COVID-19 
highlights the need for Member States to urgently increase genome sequencing to 5-
10%  of  positive  test  results,  if  needed  by  using  capacity  of  the  European  Centre  for 

10 

11 

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  
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 – 21 January 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  

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Disease  Prevention  and  Control  to  identify  the  progression  of  the  variants  or  detect 
new ones. 

(11)  The  high  level  of  community  transmission  in  most  Member  States  means  that  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,  particularly  in  the  light  of  the  outbreak  of  new 
variants.  Given  that  the  risk  of  infection  or  transmission  is  similar  for  domestic  and 
cross-border  travel,  Member  States  should  ensure  coherence  between  the  measures 
applied to both types of non-essential travel. 

(12) 

In the oral  conclusions drawn following the video conference of the members of the 
European Council on 21 January 202112, the President of the European Council noted 
that  borders  need  to  stay  open  to  ensure  the  functioning  of  the  Single  market, 
including  the  flow  of  essential  goods  and  services.  No  indiscriminate  travel  bans 
should be imposed. However, measures restricting non-essential travel in the EU may 
be  needed  to  contain  the  spread  of  the  virus.  While  upholding  its  principles,  the 
Council may need 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. 

(13)  A coordinated approach aims to prevent the reintroduction of internal border controls. 
Border closures or blanket travel bans, as well as suspension of flights, land transport 
and water crossings,  are not  justified, as more targeted measures, such as mandatory 
quarantine or testing, have sufficient impact and cause less disruption. The system of 
“Green Lanes”13 should keep transport flows moving, in particular to ensure the free 
movement of goods and services, thus avoiding supply chain disruptions. 

(14)  Any  restrictions  to  the  free  movement  of  persons  must  continue  to  be  applied  in 
compliance with the general principles of Union law, in particular proportionality and 
non-discrimination, including on the basis of nationality. Any measures taken should 
thus  not  extend  beyond  what  is  strictly  necessary  to  safeguard  public  health.  Clear, 
timely and comprehensive information of the public remains crucial in order to ensure 
predictability,  legal  certainty  and  compliance  by  citizens.  Restrictions  should  be 
adequately  enforced  and  any  sanctions 
laid  down  should  be  effective  and 
proportionate. 

(15)  On  11  January  2020,  the  Health  Security  Committee  agreed  recommendations  for  a 
common  EU  approach  regarding  isolation  measures  for  COVID-19  patients  and 
quarantine  measures  for  contacts  and  travellers.  The  recommendations  of  the  Health 
Security Committee14 regarding quarantine measures for travellers should  be applied 

12 

13 

14 

on 

2021, 

January 

Council 

available 

European 

Oral conclusions drawn by President Charles Michel following the video conference of the members of 
the 
at: 
21 
https://www.consilium.europa.eu/en/press/press-releases/2021/01/21/oral-conclusions-by-president-
charles-michel-following-the-video-conference-of-the-members-of-the-european-council-on-21-
january-2021/  
Communication  from  the  Commission  on  upgrading  the  transport  Green  Lanes  to  keep  the  economy 
going  during  the  COVID-19  pandemic  resurgence,  COM(2020)  685  final,  and  Commission 
Recommendation  (EU)  2020/2243  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,  OJ  L  436, 
28.12.2020, p. 72. 
Recommendations  for  a  common  EU  approach  regarding  isolation  for  COVID-19  patients  and 
quarantine  for  contacts  and  travellers,  agreed  by  the  Health  Security  Committee  on  11  January  2020, 
https://ec.europa.eu/health/sites/health/files/preparedness_response/docs/hsc_quarantine-
isolation_recomm_en.pdf 

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by  Member  States  when  imposing  travel-related  quarantine.  In  particular,  where 
quarantine  requirements  are  imposed  for  travel  from  a  high-risk  area,  shortening  the 
required quarantine duration should be considered should a negative test  be obtained 
after 5 to 7 days upon-entry, unless the traveller develops symptoms. 

(16)  Given  the  increase  in  COVID-19  testing  capacity,  Council  Recommendation  (EU) 
2020/1475 should be amended to give Member States the option to require travellers 
coming from areas not classified as ‘green’ to do a test prior to departure.  

(17) 

In view of the high level of community transmission in areas to be classified as ‘dark 
red’, persons travelling from such areas for non-essential purposes should be required 
to  undergo  a  test  prior  to  departure  as  well  as  quarantine,  in  line  with  the 
recommendations of the Health Security Committee, after arrival at their destination. 
Where travellers are not quarantining at their place of residence, appropriate physical 
conditions for quarantine premises as well as the protection and provision of care for 
children  in  quarantine  conditions  should  be  ensured  and  be  in  line  with  the  WHO 
Guidelines15. 

(18)  Where  persons  returning  to  their  Member  State  of  residence  have  been  unable  to 
undergo a test prior to departure, they should be allowed to undergo a test after arrival, 
in order to avoid that they are prevented from returning to their homes. 

(19)  Given the high level of infections in ‘dark red’ areas, essential travellers should also be 
required to undergo a test for COVID-19 infection and quarantine, provided that this 
does not have a disproportionate impact on the exercise of their essential function or 
need,  for  example  because  the  traveller’s  exposure  to  the  general  population  at 
destination  is  very  limited.  Where  a  Member  State,  taking  into  account  the  specific 
epidemiological situation, nevertheless requires tests for transport workers and service 
providers,  this  should  not  lead  to  transport  disruptions16.  To  maintain  supply  chains, 
quarantine  requirements  should  not  apply  to  transport  staff  while  exercising  this 
essential function. 

(20)  Restrictions  linked  to  cross-border  travel  are  particularly  disruptive  for  persons  who 
cross  them  daily  or  frequently  to  go  to  work  or  school,  visit  close  relatives,  seek 
medical  care,  or  to  take  care  of  loved  ones.  Such  persons  should  not  be  required  to 
undergo  quarantine  when  crossing  borders  for  this  essential  purpose,  given  the 
significant  disruption  this  causes  to  people’s  lives  and  livelihoods  as  well  as  the 
economy as a whole. As long as the epidemiological situation is comparable on both 
sides  of  the  border,  requiring  such  persons  to  undergo  frequent  tests  merely  because 
they  cross  a  border  appears  unnecessary.  Close  coordination  among  Member  States 
and cross-border regions will remain particularly important. 

(21) 

In view of the evolving epidemiological situation, the Commission, supported by the 
European  Centre  for  Disease  Prevention  and  Control,  should  continue  to  regularly 
assess  the  criteria,  data  needs  and  thresholds  outlined  in  this  Recommendation, 
including  whether  other  criteria  should  be  considered  or  the  thresholds  adapted,  and 

15 

16 

EN 

reference 

number:  WHO/2019-nCoV/IHR_Quarantine/2020.3. 

at: 
WHO 
https://www.who.int/publications/i/item/considerations-for-quarantine-of-individuals-in-the-context-of-
containment-for-coronavirus-disease-(covid-19)  
See Commission Recommendation (EU) 2020/2243 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,  OJ  L 
436, 28.12.2020, p. 72. 

Available 

8 

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transmit  its  findings  to  the  Council  for  its  consideration,  together  with  a  proposal  to 
amend the Recommendation, where necessary, 

HAS ADOPTED THIS RECOMMENDATION: 

Council Recommendation (EU) 2020/1475 on a coordinated approach to the restriction of free 
movement in response to the COVID-19 pandemic is amended as follows: 

1. 

In point 10, letter (c) is replaced by the following: 

“(c) red, if the 14-day cumulative COVID-19 case notification rate ranges from 50 to 
150 and the test positivity rate of tests for COVID-19 infection is 4% or more, or if 
the  14-day  cumulative  COVID-19  case  notification  rate  is  more  than  150  but  less 
than 500,  

2. 

In point 10, the following letter (ca) is inserted: 

“(ca) dark red, if the 14-day  cumulative COVID-19 case notification rate is  500 or 
more;”. 

3. 

In point 13, letter (a) is replaced by the following: 

“(a)  Member  States  should  respect  the  differences  in  the  epidemiological  situation 
between  areas  classified  as  ‘orange’,  ‘red’  or  ‘dark  red’  and  act  in  a  proportionate 
manner;”. 

4. 

In point 13, letter (d) is replaced by the following: 

“(d)  Member  States  should  take  into  account  testing  strategies  and  pay  particular 
attention to the situation of areas with high testing rates;”. 

5. 

In point 13, the following letter (e) is added: 

“(e) Member States should take into account the prevalence of SARS-CoV-2 variants 
of concern.”. 

6. 

The  following  point  16a  is  inserted  after  the  heading  “Common  framework  as 
regards possible measures for travellers coming from higher-risk areas”: 

“Member States should strongly discourage all non-essential travel to and from areas 
classified  as  ‘dark  red’  and  discourage  all  non-essential  travel  to  and  from  areas 
classified as ‘red’ pursuant to point 10. In this context, Member States should ensure 
coherence  between  measures  taken  regarding  cross-border  travel  and  travel  within 
Member States’ own territory. 

At the same time, Member States should seek to avoid disruptions to essential travel, 
to  keep  transport  flows  moving  in  line  with  the  “Green  Lanes”  system  as  well  as 
avoid disruptions to supply chains and the movement of workers and self-employed 
persons travelling for professional or business reasons.”. 

In point 17, letters (a) and (b) are replaced by the following: 
“(a) undergo quarantine as recommended by the Health Security Committee17; and/or 

Recommendations  for  a  common  EU  approach  regarding  isolation  for  COVID-19  patients  and 
quarantine  for  contacts  and  travellers,  agreed  by  the  Health  Security  Committee  on  11  January  2020, 
https://ec.europa.eu/health/sites/health/files/preparedness_response/docs/hsc_quarantine-
isolation_recomm_en.pdf  

7. 

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(b) undergo a test for COVID-19 infection prior to and/or after arrival. This could be 
either an RT-PCR test or a rapid antigen test listed in the common and updated list of 
COVID-19 rapid antigen tests established on the basis of Council Recommendation 
of  21  January  2021  on  a  common  framework  for  the  use  and  validation  of  rapid 
antigen tests and the mutual recognition of COVID-19 test results in the EU18.”. 

8. 

In point 17, the following subparagraph is deleted: 

“Member  States  may  offer  travellers  the  option  to  substitute  the  test  mentioned  in 
letter (b) by a test for COVID-19 infection carried out prior to arrival.”. 

9. 

In point 17, the following subparagraph is added: 

“Member  States  should  offer  sufficient  testing  capacity  and  accept  digital  test 
certificates,  while  ensuring  that  doing  so  does  not  detract  from  the  provision  of 
essential public health services, in particular in terms of laboratory capacity.”. 

10. 

The following point 17a is inserted: 

“Member  States  should  require  persons  travelling  from  an  area  classified  as  ‘dark 
red’ pursuant to point 10(ca) to undergo both a test for COVID-19 infection prior to 
arrival  and  to  undergo  quarantine  as  recommended  by  the  Health  Security 
Committee. 

should  adopt,  maintain  or 

Member  States 
reinforce  non-pharmaceutical 
interventions,  in  particular  in  areas  classified  as  ‘dark  red’,  strengthen  testing  and 
contact  tracing  efforts  and  increase  the  level  of  surveillance  and  sequencing  of  a 
representative sample of community COVID-19 cases, in order to control the spread 
and impact of the SARS-CoV-2 emerging variants with increased transmissibility.”. 

11. 

The following point 17b is inserted: 

“Member  States  should  offer  persons  residing  in  their  territory  the  option  to 
substitute  a  test  prior  to  arrival  mentioned  in  points  17(b)  and  17a  by  a  test  for 
COVID-19 infection carried out after arrival, in addition to any applicable quarantine 
requirements.”. 

12. 

The following point 19a is inserted: 

“Pursuant to point 17a, travellers with an essential function or need travelling from a 
‘dark  red’  area  should  fulfil  testing  requirements  and  undergo  quarantine,  provided 
that this does not have a disproportionate impact on the exercise of their function or 
need. 

By way of derogation, transport workers and transport service providers pursuant to 
point  19(b)  should  in  principle  not  be  required  to  undergo  a  test  for  COVID-19 
infection in line with points 17(b) and 17a. Where a Member State requires transport 
workers  and  transport  service  providers  to  undergo  a  test  for  COVID-19  infection, 
rapid antigen tests should be used, and this should not lead to transport disruptions. 
Should  transport  or  supply  chain  disruptions  occur,  Member  States  should  lift  or 
repeal any such systematic testing requirements immediately in order to preserve the 
functioning of the “Green Lanes”. Transport workers and transport service providers 
should not be required to undergo quarantine in line with points 17(a) and 17a while 
exercising this essential function.”. 

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https://data.consilium.europa.eu/doc/document/ST-5451-2021-INIT/en/pdf 

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13. 

The following point 19b is inserted: 

“Member  States  should  not  require  persons  living  in  border  regions  and  travelling 
across  the  border  on  a  daily  or  frequent  basis  for  the  purposes  of  work,  business, 
education,  family,  medical  care  or  caregiving  to  undergo  quarantine.  If  a  testing 
requirement  on  cross-border  travel  is  introduced  in  these  regions,  the  frequency  of 
tests  on  such  persons  should  be  proportionate.  If  the  epidemiological  situation  on 
both sides of the border is comparable, no travel-related testing requirement should 
be imposed. Persons who claim that their situation falls within the scope of this point 
could  be  required  to  provide  documentary  evidence  or  submit  a  declaration  to  this 
effect.”. 

14. 

Point 21 is replaced by the following: 

“Any  measures  applied  to  persons  arriving  from  an  area  classified  as  ‘dark  red’, 
‘red’,  ‘orange’  or  ‘grey’  pursuant  to  point  10  may  not  be  discriminatory,  that  is, 
should apply equally to returning nationals of the Member State concerned.”. 

Done at Brussels, 

For the Council 
The President 

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