Proposal for a COUNCIL RECOMMENDATION amending Council Recommendation (EU) 2020/912 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction
Date: 2021-05-03
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Schengen Agreement, border control, coronavirus disease, epidemic, external border of the EU, internal border of the EU, public health, third country, travel, vaccination

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   EUROPEAN COMMISSION  Brussels, 3.5.2021  COM(2021) 232 final 2021/0119 (NLE)  Proposal for a COUNCIL RECOMMENDATION amending Council Recommendation (EU) 2020/912 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  Communication  “A  common  path  to  safe  and  sustained  re-opening”  (COM(2021)129) 
outlined  the  Commission’s  intention  to  keep  reviewing  the  approach  set  out  in  Council 
Recommendation 2020/912 for the lifting of the restriction on non-essential travel to the EU 
in order to adapt it to the evolving context.  

At  present,  the  developments  in  the  epidemiological  situation  in  third  countries  are 
heterogeneous. 

On the one hand, the emergence and spread of variants of interest and of variants of concerns 
in  some  regions  and  third  countries  remain  a  cause  of  concern.  Strong  measures  remain 
essential  to  minimise  the  import  and  spread  of  such  variants  from  high-risk  areas  into  the 
EU+1 area, with  travel  reduced to  the minimum  and with  all possible safeguards. Given the 
volatility of the situation, it is  also  essential to  be able to  respond  to risks quickly, and this 
proposal  establishes  an  “emergency  brake”  mechanism  assisting  Member  States  in  deciding 
on  the  best  measures  to  avoid  or  limit  the  spread  of  such  variants  and  in  providing  for  a 
coordinated approach.   

On  the  other  hand,  the  roll-out  of  COVID-19  vaccination  campaigns  in  third  countries,  and 
the subsequent positive effect in limiting the spread of the virus, indicate that there is room to 
ease travel  restrictions,  particularly for those already vaccinated.  In this sense, this proposal 
aims  at  progressively  resuming  travel  from  third  countries  in  a  safe  manner,  relaunching 
tourism, especially in view of the summer season, and business travelling, thus fostering the 
recovery  of  Europe’s  economy.  The  adoption  of  the  Regulation  on  the  Digital  Green 
Certificate2 will provide the basis, through a Commission implementing act, for treating third 
country  vaccination  certificates  as Digital  Green  Certificates, or to  issue  such certificates to 
persons having been vaccinated in third countries. 

These  two  aspects  of  the  proposal  are  mutually  complementary  and  consistent  in  achieving 
the safe opening of the EU whenever possible while, at the same time, ensuring rapid action 
against existing and possible new variants. 

• 

Consistency with existing policy provisions in the policy area 

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

• 

Consistency with other Union policies 

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

1 

2 

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 if it decides to align.  
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  a  framework  for  the 
issuance, verification and acceptance of interoperable certificates on vaccination, testing and recovery 
to  facilitate  free  movement  during 
the  COVID-19  pandemic  (Digital  Green  Certificate)  - 
COM/2021/130 final. 

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2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

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

• 

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,  considering  that  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 

This proposal takes into account discussions with Member States since the implementation of 
the first temporary restrictions to non-essential travel. 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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2021/0119 (NLE) 

Proposal for a 

COUNCIL RECOMMENDATION 

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

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, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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6 

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 restriction3.  

On  2  February  2021,  the  Council  amended  Recommendation  (EU)  2020/912  on  the 
temporary  restriction  on  non-essential  travel  into  the  EU  and  the  possible  lifting  of 
such  restriction4  in  order  to  update  the  criteria  used  to  assess  whether  non-essential 
travel from third countries is safe and should be allowed. 

The  same  amendment  introduced  mechanisms  to  contain  the  spread  of  variants  of 
concern of the virus SARS-COV-2 in the EU+ area5. 

Since  then,  mass  vaccination  campaigns  against  the  virus  SARS-COV-2  have  been 
rolled-out in the EU+ area, as well as in many other regions and third countries. 
On  17  March  2021,  the  Commission  proposed  two  Regulations6  to  create  ‘Digital 
Green  Certificates  to  facilitate  safe  free  movement  within  the  EU  during  the 
COVID-19 pandemic. The Digital Green Certificate will be a proof that a person has 
been vaccinated against COVID-19, received a negative test result or recovered from 
COVID-19. The Member States remain responsible for deciding which public health 
restrictions  can  be  waived  for  travellers  but  should  apply  such  waivers  in  a  non-
discriminatory way to travellers in possession of a Digital Green Certificate.  

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)  2021/132  of  2  February  2021  amending  Recommendation  (EU) 
2020/912  on  the  temporary  restriction  on  non-essential  travel  into  the  EU  and  the  possible  lifting  of 
such restriction (OJ L 41, 4.2.2021, p. 1). 
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 if Ireland decides to 
align.  
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  a  framework  for  the 
issuance, verification and acceptance of interoperable certificates on vaccination, testing and recovery 
to facilitate free movement during the COVID-19 pandemic (Digital Green Certificate), COM/2021/130 
final, and Proposal for a Regulation of the European Parliament and of the Council on a framework for 
the  issuance,  verification  and  acceptance  of  interoperable  certificates  on  vaccination,  testing  and 
recovery to third-country nationals legally staying or legally residing in the territories of Member States 
during the COVID-19 pandemic (Digital Green Certificate), COM/2021/140 final. 

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(6) 

(7) 

(8) 

(9) 

Scientific  advice  and  empirical  evidence  on  the  effects  of  vaccination  are  becoming 
increasingly available and consistently conclusive on the fact that vaccination helps in 
breaking the transmission chain. 

This evidence suggests that travel restrictions could be safely waived in certain cases 
for  persons  who  can  demonstrate  having  received  the  last  recommended  dose  of  a 
COVID-19  vaccine  authorised  in  the  EU  pursuant  to  Regulation  (EC)  No  726/20047 
and  that  such  waivers  could  also  be  justified  to  the  extent  that  a  person  has  been 
vaccinated  with  a  COVID-19  vaccine  that  has  completed  the  WHO  Emergency  Use 
Listing process. 

Children who in consideration of their age are excluded from COVID-19 vaccination 
should be able to travel with their vaccinated parents under condition of having tested 
negative  to  a  PCR  COVID-19  test  taken  at  the  earliest  72  hours  before  crossing  the 
border of the EU+ area. In these cases, Member States could require additional testing 
after arrival.  

However, few or no studies are yet available on whether variants of concern escape the 
immune response induced by the various COVID-19 vaccines. Therefore, in line with 
the precautionary  approach, an  “emergency  brake” mechanism should be established 
in  order  to  allow  Member  States  to  adopt,  in  a  coordinated  way,  urgent  and  time-
limited measures to quickly react to the emergence of a variant in a given third country 
that has come under specific scrutiny, and in particular where it has been designated 
by  the  European  Centre  for  Disease  Prevention  and  Control  (ECDC)  as  a  variant  of 
interest.  This  emergency  brake  should  allow  for  appropriate  measures,  including 
limitations of entry, to be taken, with a view to preventing its import and spread in the 
EU+  area.  Such  measures  should  be  subject  to  rapid  coordination  in  the  Council  to 
allow for a common approach. 

(10)  The progress in having the population of a third country vaccinated against the virus 
should  be  taken  into  account  when  assessing  the  epidemiological  situation  in  that 
country. 

(11)  Once  adopted,  Regulation  2021/XXX  on  the  Digital  Green  Certificate8  will  provide 
the  basis,  through  a  Commission  implementing  act,  for  treating  third  country 
vaccination  certificates  equivalent  to  Digital  Green  Certificates,  or  to  issue  such 
certificates to persons having been vaccinated in third countries.  In order to ensure a 
coordinated  approach  of  the  Member  States  and  to  facilitate  onwards  travel  of 
travellers from third countries within the EU+ area, steps should be taken to facilitate 
the use of these provisions. To this end, the Member States could consider setting up a 
portal  where  persons  residing  outside  the  EU+  area  could  ask  for  the  recognition  of 
their vaccination certificate issued by a third country as reliable proof of vaccination 
and/or for the issuance of a ‘Digital Green Certificate’.   

(12)  Where Member States accept proof of vaccination in order to waive restrictions put in 
place  in  compliance  with  Union  law  to  limit  the  spread  of  COVID-19,  such  as 
requirements  to  undergo  quarantine/self-isolation  or  be  tested  for  SARS-CoV-2 

7 

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Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying 
down  Community  procedures  for  the  authorisation  and  supervision  of  medicinal  products  for  human 
and veterinary use and establishing a European Medicines Agency (OJ L136, 30.04.2004, p. 1). 
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  a  framework  for  the 
issuance, verification and acceptance of interoperable certificates on vaccination, testing and recovery 
to  facilitate  free  movement  during 
the  COVID-19  pandemic  (Digital  Green  Certificate)  - 
COM/2021/130 final. 

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infection, they should also waive these requirements  for travellers  resident  in  a third 
country who, at the latest 14 days before entering the EU+ area, have received the last 
recommended  dose  of  a  COVID-19  vaccine  having  been  authorised  in  the  EU 
pursuant  to  Regulation  (EC)  No  726/2004,  or  of  another  COVID-19  vaccine  having 
completed the WHO Emergency Use Listing process, if they are able to submit a valid 
proof  satisfying  the  requirements  of  the  Digital  Green  Certificate  Regulation.  This 
should,  however,  not  apply  where  a  Member  State  has  made  use  of  the  emergency 
brake.  Until  the  Digital  Green  Certificate  Regulation  is  adopted  and  becomes 
applicable, Member States should be able to accept third country certificates based on 
national  law,  taking  into  account  the  ability  to  verify  the  authenticity,  validity  and 
integrity of the certificate and whether it contains all relevant data. 

(13) 

In  accordance  with  Articles  1  and  2  of  Protocol  No  22  on  the  Position  of  Denmark 
annexed  to  the  Treaty  on  European  Union  and  to  the  TFEU,  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  shall,  in  accordance  with  Article  4  of  the  said  Protocol,  decide  within  a 
period of six months after the Council has decided on this Recommendation whether it 
will implement it. 

(14)  This  Recommendation  constitutes  a  development  of  the  provisions  of  the  Schengen 
acquis  in  which  Ireland  does  not  take  part,  in  accordance  with  Council  Decision 
2002/192/EC9; Ireland is therefore not taking part in its adoption and is not bound by it 
or subject to its application. 

(15)  As  regards  Iceland  and  Norway,  this  Recommendation  constitutes  a  development  of 
the provisions of the Schengen acquis within the meaning of the Agreement concluded 
by the Council of the European Union and the Republic of Iceland and the Kingdom 
of  Norway  concerning  the  latter’s  association  with  the  implementation,  application 
and  development  of  the  Schengen  acquis  which  fall  within  the  area  referred  to  in 
Article 1, point A, of Council Decision 1999/437/EC10. 

(16)  As  regards  Switzerland,  this  Recommendation  constitutes  a  development  of  the 
provisions of the Schengen acquis within the meaning of the Agreement between the 
European Union, the European Community and the Swiss Confederation on the Swiss 
Confederation’s association with the implementation, application and development of 
the  Schengen  acquis  which  fall  within  the  area  referred  to  in  Article  1,  point  A,  of 
Decision  1999/437/EC11  read  in  conjunction  with  Article  3  of  Council  Decision 
2008/146/EC12. 

(17)  As  regards  Liechtenstein,  this  Recommendation  constitutes  a  development  of 
provisions  of  the  Schengen  acquis  within  the  meaning  of  the  Protocol  between  the 
European  Union,  the  European  Community,  the  Swiss  Confederation  and  the 
Principality  of  Liechtenstein  on  the  accession  of  the  Principality  of  Liechtenstein  to 
the Agreement between the European Union, the European Community and the Swiss 
Confederation  on  the  Swiss  Confederation’s  association  with  the  implementation, 

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Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some 
of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20). 
OJ L 176, 10.7.1999, p. 36. 
OJ L 53, 27.2.2008, p. 52. 
Council  Decision  2008/146/EC  of  28  January  2008  on  the  conclusion,  on  behalf  of  the  European 
Community, of the Agreement between the European Union, the European Community and the Swiss 
Confederation  on  the  Swiss  Confederation’s  association  with  the  implementation,  application  and 
development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1). 

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application  and  development  of  the  Schengen  acquis  which  fall  within  the  area 
referred to in Article 1 point A, of Decision 1999/437/EC13 read in conjunction with 
Article 3 of Decision 2011/350/EU14. 

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

HAS ADOPTED THIS RECOMMENDATION: 

Recommendation (EU) 2020/912 is amended as follows: 

1. 

The fifth indent of Point 2, first paragraph, is replaced by the following: 

‘  –  the  nature  of  the  virus  present  in  a  country,  in  particular  whether  variants  of 
interest  or  variants  of  concern  of  the  virus  have  been  detected.  Variants  of  interest 
and  variants  of  concern  are  assessed  as  such  by  the  European  Centre  for  Disease 
Prevention  and  Control  (ECDC)  based  on  key  properties  of  the  virus  such  as 
transmission, severity and ability to escape immune response.’ 

2.  

3. 

In the second paragraph of Point 2 the figure ‘25’ is replaced by ‘100’. 

The following new Point 2a is inserted after Point 2: 

‘2a. Member States should also lift the temporary restriction on non-essential travel 
to  the  EU  with  regard  to  third-country  nationals  other  than  those  referred  to  in  the 
first  paragraph  of  Point  6  (hereafter  “travellers  from  other  regions  and  third 
countries”) who have received the last recommended dose of one of the COVID-19 
vaccines  authorised  in  the  EU  pursuant  to  Regulation  (EC)  No  726/200415  at  the 
latest 14 days before entering the EU+ area.   

Member States could also lift the temporary restriction on non-essential travel to the 
EU  with  regard  to  travellers  from  other  regions  and  third  countries  who  have 
received  the  last  recommended  dose  of  one  of  the  COVID-19  vaccines  having 
completed  the  WHO  Emergency  Use  Listing  process  at  the  latest  14  days  before 
entering the EU+ area. 

A  third-country  national  not  covered  by  the  first  paragraph  of  Point  6  wishing  to 
undertake non-essential travel to a Member State should be in possession of a valid 
proof  of  a  COVID-19  vaccination.  To  that  end,  Member  States  should  treat  third 
country vaccination certificates covered by a Commission implementing act adopted 
under  Regulation  2021/XXX  as  vaccination  certificates  issued  in  accordance  with 
that  Regulation,  or  could  issue  vaccination  certificates  as  referred  to  in  Article 
3(1)(a)  of  Regulation  2021/XXX  as  persons  having  been  vaccinated  in  a  third 
country in  accordance with Article 6(5) of that Regulation. Until that Regulation is 

13 
14 

15 

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). 
Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying 
down  Community  procedures  for  the  authorisation  and  supervision  of  medicinal  products  for  human 
and veterinary use and establishing a European Medicines Agency (OJ L136, 30.04.2004, p. 1). 

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adopted  and  becomes  applicable,  Member  States  could  accept  third  country 
vaccination certificates in accordance with national law, taking into account the need 
to  be  able  to  verify  the  authenticity,  validity  and  integrity  of  the  certificate  and 
whether it contains all relevant data.’ 

4.  

(a) 

Point 6 is amended as follows: 

The following sentence is added after the first paragraph:  

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

(b) 

The following new paragraphs are inserted after the first paragraph: 

‘Without  prejudice  to  the  first  paragraph  of  Point  6,  where  the  epidemiological 
situation  of  a  third  country  or  region  worsens  quickly  and,  in  particular  where  a 
variant  of  concern  or  of  interest  has  been  detected,  Member  States  may  adopt  an 
urgent, temporary restriction on all travel into the EU for third country nationals with 
residence in  that third country.  This  travel  restriction should not  apply to travellers 
listed in point i. and points iv. to ix. of Annex II. These travellers should nevertheless 
be  subject  to  appropriate  and  regular  testing  and  undergo  self-isolation/quarantine 
even  if  they  have  received  the  last  recommended  dose  of  one  of  the  COVID-19 
vaccines authorised in the EU pursuant to Regulation (EC) No 726/200416 or of one 
of  the  COVID-19  vaccines  having  completed  the  WHO  Emergency  Use  Listing 
process at the latest 14 days before entering the EU+ area.   

When  a  Member  State  applies  such  restrictions, the  Member  States  meeting  within 
the  Council  structures  in  a  coordinated  manner  and  in  close  cooperation  with  the 
Commission  should review the situation in  a  coordinated manner. Such  restrictions 
should be reviewed at least every two weeks, taking into account the evolution of the 
epidemiological situation.’ 

(c) 

7. 

(c)  The old paragraph 3 becomes the new paragraph 5 and is deleted.  

The  fourth  and  the  fifth  paragraphs  of  Point  7  become  the  first  and  the  second 
paragraphs of a new Point 7a. 

Done at Brussels, 

For the Council 
The President 

16 

Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying 
down  Community  procedures  for  the  authorisation  and  supervision  of  medicinal  products  for  human 
and veterinary use and establishing a European Medicines Agency (OJ L136, 30.04.2004, p. 1). 

EN 

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