Proposal for a COUNCIL RECOMMENDATION amending Recommendation (EU) 2022/107 on a coordinated approach to facilitate safe free movement during the COVID-19 pandemic
Date: 2022-10-14
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, 14.10.2022  COM(2022) 681 final 2022/0334 (NLE)  Proposal for a COUNCIL RECOMMENDATION amending Recommendation (EU) 2022/107 on a coordinated approach to facilitate safe free movement during the COVID-19 pandemic (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

When the Commission adopted, on 25 November 2021, its proposal for what would become 
Council  Recommendation  (EU)  2022/107  on  a  coordinated  approach  to  facilitate  safe  free 
movement  during  the  COVID-19  pandemic1,  the  epidemiological  situation  regarding  the 
COVID-19 pandemic was significantly different from today. At that point in time, the Delta 
variant  of  concern  was  still  prevalent  in  the  Union.  More  than  ten  months  later,  the  highly 
transmissible  Omicron  variant  has  –  in  the  form  of  different  sub-variants  –  become  the 
dominant variant in the Union2. 

Omicron is less severe than the previously observed Delta variant, which can be attributed at 
least partially to the protective effect of vaccination and previous infection3. As a result, and 
in  combination  with  these  higher  levels  of  protection,  pressure  on  healthcare  systems 
currently remains  at  manageable levels, even during momentary peaks  of infections such as 
the wave driven by the Omicron BA.4 and BA.5 sub-variants observed during the summer of 
2022. 

As the Commission has continuously emphasised, any free movement restrictions put in place 
in response to the COVID-19 pandemic must not extend beyond what is strictly necessary to 
safeguard public health. As noted in points 1 and 2 of Recommendation (EU) 2022/107, any 
such restrictions should, in accordance with the principles of necessity and proportionality, be 
lifted  as  soon  as  the  epidemiological  situation  allows.  By  August  2022,  Member  States  had 
lifted  all  measures  affecting  free  movement  of  persons  in  the  Union,  including  the 
requirement for travellers to hold an EU Digital COVID Certificate.  

To  reflect  the  current  situation,  the  Commission  proposes  to  adapt  the  approach  set  out  in 
Recommendation (EU) 2022/107. In particular, the Recommendation should emphasise that, 
at this stage of the pandemic, Member States should in principle not impose any pandemic-
related  restrictions  to  the  free  movement  of  persons  on  the  grounds  of  public  health.  The 
summer wave of 2022 exemplifies how high virus circulation, following the emergence of a 
new  variant  of  concern,  does  not  necessarily  lead  to  substantial  pressure  on  national 
healthcare  systems.  This  highlights  the  importance  of  a  prudent  approach  when  considering 
the  introduction  of  travel  restrictions  based  on  the  number  of  cases  or  on  the  presence  of  a 
new variant. 
At the same time, as noted by the Commission in its Communication of 2 September 20224, 
the  global  COVID-19  pandemic  is  not  over.  New  waves  of  infections  that  could  cause  the 
epidemiological situation to worsen, including as a result of the emergence of a new variant of 
concern,  cannot  be  excluded.  Indeed,  as  reported  by  the  European  Centre  for  Disease 
Prevention  and  Control  (ECDC)  on  7  October  2022,  the  epidemiological  picture  suggests 
increasing transmission in most Member States, however with no indication of changes in the 
distribution  of  circulating  variants5.  The  Commission  therefore  called  on  Member  States  to 
continue coordinating preparedness  efforts  across the  Union. As part of these efforts,  on 29 

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OJ L 18, 27.1.2022, p. 110. 
https://www.ecdc.europa.eu/en/covid-19/variants-concern  
https://www.ecdc.europa.eu/en/covid-19/latest-evidence/clinical   
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  –  EU  response  to  COVID-19: 
preparing for autumn and winter 2023 (COM(2022) 452 final). 
https://www.ecdc.europa.eu/en/covid-19/country-overviews  

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June  2022,  the  European  Parliament  and  the  Council  extended  the  period  of  application  of 
Regulation (EU) 2021/953 on the EU Digital COVID Certificate until 30 June 20236. 

The  extension  of  the  EU  Digital  COVID  Certificate  framework  ensures  that  Union  citizens 
can  continue  to  benefit  from  interoperable  and  mutually  accepted  certificates  of  COVID-19 
vaccination, test and recovery in situations where Member States might consider it necessary 
to temporarily reintroduce certain restrictions to free movement based on public health. At the 
same  time,  it  is  important  to  underline  that  Regulation  (EU)  2021/953  in  no  way  obliges 
Member  States  to  require  proof  of  vaccination,  test  or  recovery  status  in  the  context  of  the 
exercise of free movement7. 

Where,  in  response  to  a  severe  worsening  of  the  epidemiological  situation,  a  Member  State 
considers  that  free  movement  restrictions  are  nevertheless  necessary  to  safeguard  public 
health  and  proportionate,  those  restrictions  should  be  limited  to  requiring  travellers  to  be  in 
the  possession  of  a  valid  EU  Digital  COVID  Certificate.  To  determine  whether  a  situation 
should  be  qualified  as  a  severe  worsening  of  the  epidemiological  situation,  Member  States 
should in particular take into account the strain on their healthcare system due to COVID-19, 
notably in terms of admission to and number of hospital and intensive-care unit inpatients. In 
this  context,  the  ECDC  publishes  relevant  data  on  the  development  of  the  epidemiological 
situation8. 

Member  States  should  also  assess  whether  such  restrictions  are  likely  to  have  a  positive 
impact on the epidemiological situation, including a significant decrease in the strain placed 
on  national  healthcare  systems,  given  that  domestic  factors  are  normally  more  powerful 
drivers of the epidemiological situation than cross-border travel. In such situations, domestic 
non-pharmaceutical interventions, such as mask-wearing, ventilation and physical distancing, 
rather than travel restrictions, may be effective in slowing down the spread of COVID-19, if 
implemented early and comprehensively and sufficiently put into practice by society9. 

When  it  comes  to  the  possible  requirement  to  be  in  the  possession  of  a  valid  EU  Digital 
COVID  Certificate,  the  amendments  introduced  by  Regulation  (EU)  2022/1034  of  the 
European  Parliament  and  of  the  Council10  should  be  reflected  in  Recommendation  (EU) 
2022/107. First, it should be clarified that EU Digital COVID Certificates issued to persons 

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Regulation (EU) 2022/1034 of the European Parliament and of the Council of 29 June 2022 amending 
Regulation  (EU)  2021/953  on  a  framework  for  the  issuance,  verification  and  acceptance  of 
interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to 
facilitate free movement during the COVID-19 pandemic (OJ L 173, 30.6.2022, p. 37). That Regulation 
was accompanied by Regulation (EU) 2022/1035 of the European Parliament and of the Council of 29 
June  2022  amending  Regulation  (EU)  2021/954  on  a  framework  for  the  issuance,  verification  and 
acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID 
Certificate)  with  regard  to  third-country  nationals  legally  staying  or  residing  in  the  territories  of 
Member States during the COVID-19 pandemic (OJ L 173, 30.6.2022, p. 46). 
See  also  Recital  14  of  Regulation  (EU)  2021/953:  “This  Regulation  is  intended  to  facilitate  the 
application  of  the  principles  of  proportionality  and  non-discrimination  with  regard  to  restrictions  to 
free movement during the COVID-19 pandemic, while pursuing a high level of public health protection. 
It should not be understood as facilitating or encouraging the adoption of restrictions to free movement, 
or  restrictions  to  other  fundamental  rights,  in  response  to  the  COVID-19  pandemic,  given  their 
detrimental effects on Union citizens and businesses […]”. 
https://www.ecdc.europa.eu/en/covid-19/country-overviews  
See also Communication from the Commission to the European Parliament, the Council, the European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  on  COVID-19  -  Sustaining  EU 
preparedness and response: Looking ahead (COM(2022)190 final). 
Regulation (EU) 2022/1034 of the European Parliament and of the Council of 29 June 2022 amending 
Regulation  (EU)  2021/953  on  a  framework  for  the  issuance,  verification  and  acceptance  of 
interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to 
facilitate free movement during the COVID-19 pandemic (OJ L 173, 30.6.2022, p. 37). 

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participating  in  clinical  trials  for  COVID-19  vaccines  may  be  accepted  by  other  Member 
States  in  order  to  waive  restrictions  to  free  movement.  To  facilitate  the  exercise  of  free 
movement of Union citizens who have received a COVID-19 vaccine that has completed the 
WHO  emergency  use  listing  procedure,  Member  States  should  also  be  recommended  to 
accept EU Digital COVID Certificates issued following the administration of such vaccines. 
In addition, test and recovery certificates can now be issued on the basis of laboratory-based 
antigenic assays. 

Given their specific situation or essential function, certain  categories of travellers should  be 
exempted  from  a  possible  requirement  to  be  in  the  possession  of  an  EU  Digital  COVID 
Certificate.  In  light  of  the  current  security  situation,  it  is  important  that  this  list  expressly 
includes  diplomats,  staff  of  international  organisations,  people  invited  by  international 
organisations  whose  physical  presence  is  required  for  the  well-functioning  of  these 
organisations,  military  personnel,  humanitarian  aid  workers  and  civil  protection  personnel. 
The list should also include persons covered by Article 2 of Council Implementing Decision 
(EU)  2022/38211  and  be  consistent  with  the  Commission  proposal  for  a  Council 
Recommendation  on  a  coordinated  approach  to  travel  to  the  Union  during  the  COVID-19 
pandemic12.  At  the  same  time,  this  should  not  prevent  Member  States  from  offering 
vaccination and testing to these categories of persons.  

To be able to react quickly to newly emerging SARS-CoV-2 variants, the ‘emergency brake’, 
when  measures  additional  to  the  EU  Digital  COVID  Certificate  could  be  taken,  should  be 
maintained.  To  align  it  with  the  changes  outlined  above,  it  should  be  clarified  that  the 
emergency brake procedure could be used in response to the emergence of a new SARS-CoV-
2 variant of concern or interest, with the aim of slowing down its spread by means of travel 
restrictions,  buying  time  to  mobilise  surge  hospital  capacity,  and  triggering  vaccine 
development. It could also be used in situations where the epidemiological situation worsens 
rapidly and severely in a way that suggests the emergence of a new SARS-CoV-2 variant of 
concern or interest. 

Where  a  Member  State  introduces  a  requirement  to  present  a  valid  EU  Digital  COVID 
Certificate,  or  where  it  takes  additional  measures  in  accordance  with  the  emergency  brake 
procedure,  it  should  swiftly  inform  the  Commission  and  other  Member  States  accordingly 
through the Integrated Political Crisis Response (IPCR) network and provide information as 
to the reasons, expected impact, entry into force and duration of any such travel restrictions. 
This should include information as to why the introduction of such travel restrictions complies 
with  the  principles  of  necessity  and  proportionality,  for  example  because  of  the  particular 
geographical  situation  of  the  Member  State  concerned  or  the  particular  vulnerabilities  of  its 
national healthcare system. 

To obtain timely, relevant and representative information on the emergence and circulation of 
SARS-CoV-2 variants of concern or interest, Member States should assess the circulation of 
different  SARS-CoV-2  variants  in  the  community  by  selecting  representative  samples  for 
sequencing, carry out genetic characterisation and report variant typing results in line with the 
sequencing guidance published by the ECDC13. 

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Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass 
influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and 
having the effect of introducing temporary protection (OJ L 71, 4.3.2022, p. 1). 
COM(2022) 680 final. 
https://www.ecdc.europa.eu/en/publications-data/methods-detection-and-characterisation-sars-cov-2-
variants-second-update  

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It  also  remains  important  to  ensure  that  information  on  any  new  measures  is  publically 
available as early as possible. Indeed, as noted by the Commission in its Communication of 2 
September 2022, Member States should do their utmost to ensure that potential travellers are 
well-informed about possible travel restrictions they may face when entering another Member 
State. The Re-Open EU web platform14 remains a key point of reference for anyone travelling 
in the Union. 
The  Commission  also  proposes  to  do  away  with  the  traffic  light  map15  published  by  the 
ECDC since the adoption of Council Recommendation (EU) 2020/147516 in October 2020. In 
view of epidemiological developments, the methodology of the map was adapted in February 
202117, June 202118, and January 202219. Its latest iteration, using the 14-day notification rate 
weighted by vaccine uptake, was based on experiences with the Delta variant. However, the 
high infection numbers caused by the Omicron variant resulted in large parts of the map being 
marked in ‘dark red’ despite all Member States having lifted their free movement restrictions. 
In  addition,  as  Member  States  adapted  their  testing  regimes,  multiple  regions  appeared  in 
‘dark  grey’  due  to  reported  testing  rates  having  fallen  below  the  threshold  established  by 
Recommendation  (EU)  2022/107.  This  shift  of  testing  strategies  towards  representative 
samples  of  the  population  will  not  change  in  the  foreseeable  future.  As  a  result,  the  traffic 
light map had become an inadequate depiction of the epidemiological situation in the Union. 
Following  discussions  with  the  Member  States  and  the  Commission,  the  ECDC  already 
temporarily suspended the publication of the map in July 2022. 

Consequently, the Commission also proposes to remove, together with the traffic light map, 
the references to specific additional measures for persons travelling from ‘dark red’ areas. In 
any event, the ECDC will continue publishing data on relevant epidemiological indicators20. 
This  ensures  the  continued  possibility  to  compare  the  epidemiological  situation  across 
different regions, in particular in the event of a worsening of the epidemiological situation. 

Finally, the mandatory submission of passenger locator forms (‘PLF’) in the context of intra-
EU travel  for contact-tracing purposes  constitutes an additional requirement  for the exercise 
of free movement. Such a requirement is thus justified only if necessary and proportionate. In 
particular,  Member  States  should  not  require  travellers  using  private  transport,  be  it  cars, 
bikes or on foot,  to  submit PLF.  This  is  because their exposure is  necessarily less intensive 
than in the case of public transport and because they will typically know the identities of their 
fellow travelling companions. 

At  the  same  time,  should  Member  States  wish  to  activate  contact  tracing  of  cross-border 
passengers,  common  tools,  such  as  the  EU  digital  Passenger  Locator  Form  and  the  PLF 
Exchange Platform, are available to exchange passenger data to enhance their contact tracing 
capabilities while limiting burdens on passengers and transport operators. To avoid the need 
for  the  submission  of  PLF,  Member  States  could,  where  possible  under  national  law  and  in 

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https://reopen.europa.eu/  
https://www.ecdc.europa.eu/en/covid-19/situation-updates/weekly-maps-coordinated-restriction-free-
movement  
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). 
Council  Recommendation  (EU)  2021/119  of  1  February  2021  amending  Recommendation  (EU) 
2020/1475 on a coordinated approach to the restriction of free movement in response to the COVID-19 
pandemic (OJ L 36I, 2.2.2021, p. 1). 
Council Recommendation (EU) 2021/961 of 14 June 2021 amending Recommendation (EU) 2020/1475 
on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic 
(OJ L 213I, 16.6.2021, p. 1). 
Recommendation (EU) 2022/107. 
https://www.ecdc.europa.eu/en/covid-19/country-overviews  

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compliance  with  data  protection  rules,  also  consider  using  existing  passenger  data  for  the 
purposes of contact tracing. 

The  Commission,  with  the  support  of  the  ECDC,  will  continue  its  regular  review  of 
Recommendation  (EU)  2022/107.  Where  necessary,  it  will  propose  further  amendments  in 
light of new epidemiological developments. 

• 

Consistency with existing policy provisions in the policy area 

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

• 

Consistency with other Union policies 

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

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  and  in  particular  Articles 
21(2), 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 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 Union 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. 

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• 

Stakeholder consultations 

The proposal takes into account the discussions held at regular intervals with Member States, 
the  information  available  on  the  evolving  epidemiological  situation,  and  relevant  available 
scientific evidence. 

• 

n.a. 

• 

Impact assessment 

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. 

5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

The following changes to Recommendation (EU) 2022/107 are proposed: 

– 

– 

– 

– 

The  absence  of  pandemic-related  free  movement  restrictions,  including  the 
obligation  to  be  in  possession  of  an  EU  Digital  COVID  Certificate,  should  be  the 
norm. 

If, in response to a severe worsening of the epidemiological situation, free movement 
restrictions are nevertheless necessary to safeguard public health and proportionate, 
they  should  be  limited  to  the  requirement  to  be  in  the  possession  of  an  EU  Digital 
COVID Certificate, and should exempt essential travellers, children and cross-border 
commuters. If a Member State introduces such restrictions, it should swiftly provide 
the  Commission  and  other  Member  States  with  information  as  to  the  reasons, 
expected  impact,  entry  into  force  and  duration,  and  should  lift  them  as  soon  as  the 
epidemiological  situation  allows.  Such  restrictions  should  be  discussed  within  the 
Integrated  Political  Crisis  Response  (IPCR)  network,  including  with  a  view  to 
ensuring consistency with the rules on travel from third countries. 

Member States should accept vaccination certificates issued in line with Regulation 
(EU)  2021/953  for  a  COVID-19  vaccine  that  has  completed  the  WHO  emergency 
use listing procedure. Member States could also accept vaccination certificates issued 
to participants in clinical trials pursuant to Article 5(5) of Regulation (EU) 2021/953. 

The  point  on  test  certificates  also  includes  certificates  based  on  laboratory-based 
antigenic  assays  included  in  the  EU  common  list  of  COVID-19  antigen  tests  as 
provided for in Regulation (EU) 2021/953. 

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– 

– 

– 

– 

– 

– 

– 

The  point  on  certificates  of  recovery  is  limited  to  a  cross-reference  to  Regulation 
(EU)  2021/953,  also  in  view  of  the  possibility  to  issue  such  certificates  based  on 
antigen tests introduced by Commission Delegated Regulation (EU) 2022/25621.  

The  list  of  essential  travellers  should  also  include  diplomats,  staff  of  international 
organisations  or  people  invited  by  them,  military  personnel,  humanitarian  aid 
workers,  civil  protection  personnel  and  persons  covered  by  Article  2  of  Council 
Implementing Decision (EU) 2022/382 and be consistent with the list provided for in 
the Council Recommendation on travel from third countries. 

Additional measures could be taken as an ‘emergency brake’ to ensure a coordinated 
approach when faced with the emergence of a new SARS-CoV-2 variant of concern 
or interest. 

Member States should assess the circulation of different SARS-CoV-2 variants in the 
community  by  selecting  representative  samples  for  sequencing,  carry  out  genetic 
characterisation and report variant typing results in line with the sequencing guidance 
published by the ECDC. 

Where a Member State triggers the emergency brake in response to the emergence of 
a  new  SARS-CoV-2  variant  of  concern  or  interest,  it  should  not  require  travellers 
with an essential function or need or cross-border commuters to undergo quarantine 
or self-isolation.  

The  EU  traffic  light  map  set  out  in  the  Annex  to  the  Recommendation  and  the 
relevant  references  in  points  17  to  19  are  deleted,  including  the  corresponding 
references to ‘dark red’ areas. 

The  point  on  PLF  is  adapted  to  align  it  with  the  Commission  Communication  of  2 
September 2022 and to recommend that Member States not require the submission of 
PLF for travel with private transport or on foot. 

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Commission  Delegated  Regulation  (EU)  2022/256  of  22  February  2022  amending  Regulation  (EU) 
2021/953  of  the  European  Parliament  and  of  the  Council  as  regards  the  issuance  of  certificates  of 
recovery based on rapid antigen tests (OJ L 42, 23.2.2022, p. 4). 

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2022/0334 (NLE) 

Proposal for a 

COUNCIL RECOMMENDATION 

amending Recommendation (EU) 2022/107 on a coordinated approach to facilitate safe 
free movement during 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) 

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On  25  January  2022,  the  Council  adopted  Recommendation  (EU)  2022/107  on  a 
coordinated approach to facilitate safe free movement during the COVID-19 pandemic 
and  replacing  Recommendation  (EU)  2020/14751.  Recommendation  (EU)  2022/107 
follows  a  ‘person-based’  approach  regarding  restrictions  to  free  movement  linked  to 
the  COVID-19  pandemic,  by  providing  that  a  person  who  is  in  the  possession  of  a 
valid  certificate  issued  on  the  basis  of  Regulation  (EU)  2021/953  of  the  European 
Parliament and the Council2 (‘EU Digital COVID Certificate’) should in principle not 
be  subject  to  additional  restrictions,  such  as  tests  or  quarantine,  regardless  of  their 
place  of  departure  in  the  Union.  Persons  who  are  not  in  possession  of  a  valid  EU 
Digital COVID Certificate could be required to undergo a test prior to or no later than 
24 hours after arrival. Recommendation (EU) 2022/107 also adapted the methodology 
of the traffic light map indicating the epidemiological situation at regional level across 
the  Union  established  by  Council  Recommendation  (EU)  2020/14753  and  published 
weekly by the European Centre for Disease Prevention and Control. 
On 25 November 2021,  when the Commission  adopted  its  proposal4 for  what  would 
become  Recommendation  (EU)  2022/107,  the  epidemiological  situation  concerning 
the COVID-19 pandemic was significantly different from today. At that point in time, 
the  Delta  variant  of  concern  was  still  prevalent  in  the  Union.  More  than  ten  months 

Council  Recommendation  (EU)  2022/107  of  25  January  2022  on  a  coordinated  approach  to  facilitate 
safe  free movement during the COVID-19 pandemic and replacing Recommendation (EU) 2020/1475 
(OJ L 18, 27.1.2022, p. 110). 
Regulation  (EU)  2021/953  of  the  European  Parliament  and  of  the  Council  of  14  June  2021  on  a 
framework  for  the  issuance,  verification  and  acceptance  of  interoperable  COVID-19  vaccination,  test 
and  recovery  certificates  (EU  Digital  COVID  Certificate)  to  facilitate  free  movement  during  the 
COVID-19 pandemic (OJ L 211, 15.6.2021, 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). 
Proposal  for  a  Council  Recommendation  on  a  coordinated  approach  to  facilitate  safe  free  movement 
during  the  COVID-19  pandemic  and  replacing  Recommendation  (EU)  2020/1475  (COM(2021)  749 
final). 

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(3) 

(4) 

(5) 

(6) 

(7) 

later,  the  highly  transmissible  Omicron  variant  has  –  in  the  form  of  different  sub-
variants – become the dominant variant in the Union. 

Omicron  is  less  severe  than  the  previously  observed  Delta  variant,  which  can  be 
attributed  at  least  partially  to  the  protective  effect  of  vaccination  and  previous 
infection5.  As  a  result,  and  in  combination  with  higher  levels  of  protection  resulting 
from vaccination and prior infection, pressure on healthcare systems currently remains 
at  manageable  levels,  even  during  momentary  peaks  of  infections  such  as  the  wave 
driven  by  the  Omicron  BA.4  and  BA.5  sub-variants  observed  during  the  summer  of 
2022.  

Any free movement restrictions put in place in response to the  COVID-19 pandemic 
are  not  to  extend  beyond  what  is  strictly  necessary  to  safeguard  public  health.  As 
noted  in  points  1  and  2  of  Recommendation  (EU)  2022/107,  any  such  restrictions 
should, in accordance with the principles of necessity and proportionality, be lifted as 
soon as the epidemiological situation allows. By August 2022, all Member States had 
lifted  all  measures  affecting  free  movement  of  persons  in  the  Union,  including  the 
requirement for travellers to hold an EU Digital COVID Certificate. 

Therefore the approach set out in Recommendation (EU) 2022/107 should be adapted. 
In particular, that Recommendation should be amended to provide that Member States 
should in principle not impose any pandemic-related restrictions to the free movement 
of  persons  on  the  grounds  of  public  health.  The  summer  wave  of  2022  exemplifies 
how high virus circulation, following the emergence of a new variant of concern, does 
not  necessarily  lead  to  substantial  pressure  on  national  healthcare  systems.  This 
highlights the importance of a prudent approach when considering the introduction of 
restrictions  to the free movement  of  persons based on the number of cases or on the 
presence of a new variant. 

At  the  same  time,  the  global  COVID-19  pandemic  is  not  over.  New  waves  of 
infections  that  could  cause  the  epidemiological  situation  to  worsen,  including  as  a 
result  of  the  emergence  of  a  new  variant  of  concern,  cannot  be  excluded.  It  is  thus 
important  to continue coordinating  preparedness  efforts  across the  Union. As part of 
these efforts, on 29 June 2022, the European Parliament and the Council extended the 
period  of  application  of  Regulation  (EU)  2021/953  on  the  EU  Digital  COVID 
Certificate until 30 June 2023.  

The  extension  of  the  EU  Digital  COVID  Certificate  framework  ensures  that  Union 
citizens can continue to benefit from interoperable and mutually accepted certificates 
of COVID-19 vaccination, test and recovery, in situations where Member States might 
consider it necessary to temporarily reintroduce  certain restrictions to free movement 
based on public health. At the same time, it is important to underline that Regulation 
(EU) 2021/953 in no way obliges Member States to require proof of vaccination, test 
or recovery status in the context of the exercise of free movement. 

(8)  Where, in response to a severe worsening of the epidemiological situation, a Member 
State considers that free movement restrictions are nevertheless necessary to safeguard 
public  health  and  proportionate,  those  restrictions  should  be  limited  to  requiring 
travellers  to  be  in  the  possession  of  a  valid  EU  Digital  COVID  Certificate.  In 
particular, persons travelling within the Union who are in the possession of a valid EU 
Digital  COVID  Certificate  should,  in  such  situations,  not  be  required  to  undergo 
quarantine, self-isolation or additional testing. To determine whether a situation should 

5 

https://www.ecdc.europa.eu/en/covid-19/latest-evidence/clinical   

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9 

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be  qualified  as  a  severe  worsening  of  the  epidemiological  situation,  Member  States 
should  in  particular  take  into  account  the  strain  on  their  healthcare  system  due  to 
COVID-19, notably  in  terms of admissions to  and number of  hospital and intensive-
care unit inpatients.  In this  context,  the  European Centre  for  Disease Prevention and 
Control publishes relevant data on the development of the epidemiological situation. 

(9)  Member  States  should  also  assess  whether  such  restrictions  are  likely  to  have  a 
positive  impact  on  the  epidemiological  situation,  including  a  significant  decrease  in 
the  strain  placed  on  national  healthcare  systems,  given  that  domestic  factors  are 
normally  more  powerful  drivers  of  the  epidemiological  situation  than  cross-border 
travel.  In  such  situations,  domestic  non-pharmaceutical  interventions,  such  as  mask-
wearing,  ventilation  and  physical  distancing,  rather  than  travel  restrictions,  may  be 
effective  in  slowing  down  the  spread  of  COVID-19,  if  implemented  early  and 
comprehensively and sufficiently put into practice by society6. 

(10)  When  it  comes  to  the  possible  requirement  to  be  in  the  possession  of  a  valid  EU 
Digital COVID Certificate, the amendments to Regulation (EU) 2021/953 introduced 
by Regulation (EU) 2022/1034 of the European Parliament and of the Council7 should 
be reflected in Recommendation (EU) 2022/107. First, it should be mentioned that EU 
Digital  COVID  Certificates  issued  to  persons  participating  in  clinical  trials  for 
COVID-19  vaccines  may  be  accepted  by  other  Member  States  in  order  to  waive 
restrictions  to  free  movement.  To  facilitate  the  exercise  of  free  movement  of  Union 
citizens  who  have  received  a  COVID-19  vaccine  that  has  completed  the  WHO 
emergency use listing procedure, Member States are also recommended to accept EU 
Digital  COVID  Certificates  issued  following  the  administration  of  such  vaccines.  In 
addition,  test  and recovery  certificates can now be issued on the basis of  laboratory-
based antigenic assays. 

(11)  Given  their  specific  situation  or  essential  function,  certain  categories  of  travellers 
should  be  exempted  from  a  possible  requirement  to  be  in  the  possession  of  an  EU 
Digital COVID Certificate. In light of the current security situation, it is important that 
this  list  expressly  includes  diplomats,  staff  of  international  organisations,  people 
invited by international organisations whose physical presence is required for the well-
functioning  of  these  organisations,  military  personnel,  humanitarian  aid  workers  and 
civil protection personnel. The list should also include persons covered by Article 2 of 
Council  Implementing  Decision  (EU)  2022/3828  and  be  consistent  with  Council 
Recommendation  (EU)  2022/XXXX9.  At  the  same  time,  this  should  not  prevent 
Member States from offering vaccination and testing to these categories of persons. 

(12)  To be able to react quickly to newly emerging SARS-CoV-2 variants, the ‘emergency 
brake’,  that  is  to  say,  the  possibility  to  take  other  measures  in  addition  to  the  EU 

6 

7 

8 

9 

See also Communication from the Commission to the European Parliament, the Council, the European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  on  COVID-19  –  Sustaining  EU 
preparedness and response: Looking ahead (COM(2022) 190 final). 
Regulation (EU) 2022/1034 of the European Parliament and of the Council of 29 June 2022 amending 
Regulation  (EU)  2021/953  on  a  framework  for  the  issuance,  verification  and  acceptance  of 
interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to 
facilitate free movement during the COVID-19 pandemic (OJ L 173, 30.6.2022, p. 37). 
Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing  the existence of a mass 
influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and 
having the effect of introducing temporary protection (OJ L 71, 4.3.2022, p. 1). 
Council Recommendation (EU) 2022/XXXX on a coordinated approach to travel to the Union during 
the COVID-19 pandemic and replacing Council Recommendation (EU) 2020/912 (OJ L XX, Y.Z.2022, 
p. XX). 

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Digital COVID Certificate, should be maintained. This ‘emergency brake’ procedure 
could be used in response to the emergence of a new SARS-CoV-2 variant of concern 
or  interest,  with  the  aim  of  slowing  down  its  spread  by  means  of  travel  restrictions, 
buying time to mobilise surge hospital capacity, and triggering vaccine development. 
It could also be used in situations where the epidemiological situation worsens rapidly 
and severely in a way that suggests the emergence of a new SARS-CoV-2 variant of 
concern or interest. 

(13)  Where a Member State introduces a requirement to present a valid EU Digital COVID 
Certificate,  or  where  it  takes  additional  measures  in  accordance  with  the  emergency 
brake  procedure,  it  should  swiftly  inform  the  Commission  and  other  Member  States 
accordingly  through  the  Integrated  Political  Crisis  Response  (‘IPCR’)  network,  and 
provide information as to the reasons, expected impact, entry into force and  duration 
of  any  such  travel  restrictions.  This  should  include  information  as  to  why  the 
introduction  of  such  travel  restrictions  complies  with  the  principles  of  necessity  and 
proportionality,  for  example  because  of  the  particular  geographical  situation  of  the 
Member  State  concerned  or  the  particular  vulnerabilities  of  its  national  healthcare 
system. This should also serve to ensure consistency with the rules on travel from third 
countries. 

(14)  To  obtain  timely,  relevant  and  representative  information  on  the  emergence  and 
circulation  of  SARS-CoV-2  variants  of  concern  or  interest,  Member  States  should 
assess the circulation of different SARS-CoV-2 variants in the community by selecting 
representative  samples  for  sequencing,  carry  out  genetic  characterisation  and  report 
variant typing results in line with the sequencing guidance published by the European 
Centre for Disease Prevention and Control10. 

(15) 

(16) 

It also remains important to ensure that information on any new measures is publicly 
available  as  early  as  possible.  Indeed,  as  noted  by  the  Commission  in  its 
Communication  of  2  September  202211,  Member  States  should  do  their  utmost  to 
ensure that potential travellers are well-informed about possible travel restrictions they 
may  face  when  entering  another  Member  State.  The  Re-Open  EU  web  platform 
remains a key point of reference for anyone travelling in the Union. 

in  October  2020.  In  view  of  epidemiological  developments, 

It is appropriate to discontinue the traffic light map published by the European Centre 
for  Disease  Prevention  and  Control  since  the  adoption  of  Recommendation  (EU) 
the 
2020/1475 
methodology of the map was adapted multiple times. Its latest iteration, using the 14-
day notification rate weighted by vaccine uptake, was based on experiences with the 
Delta  variant.  However,  the  high  infection  numbers  caused  by  the  Omicron  variant 
resulted  in  large  parts  of  the  map  being  marked  in  ‘dark  red’,  despite  all  Member 
States  having  lifted  their  free  movement  restrictions.  In  addition,  as  Member  States 
adapted their testing regimes, multiple regions appeared in ‘dark grey’ due to reported 
testing rates having fallen below the threshold established by Recommendation (EU) 
2022/107.  This  shift  of  testing  strategies  towards  representative  samples  of  the 
population will not change in the foreseeable future. As a result, the traffic light map 
had  become  an  inadequate  depiction  of  the  epidemiological  situation  in  the  Union. 
Following  discussions  with  the  Member  States  and  the  Commission,  the  European 

10 

11 

https://www.ecdc.europa.eu/en/publications-data/methods-detection-and-characterisation-sars-cov-2-
variants-second-update  
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  –  EU  response  to  COVID-19: 
preparing for autumn and winter 2023 (COM(2022) 452 final). 

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11 

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Centre  for  Disease  Prevention  and  Control  already  temporarily  suspended  the 
publication of the map in July 2022. 

(17)  Consequently,  the  references  to  specific  additional  measures  for  persons  travelling 
from  ‘dark  red’  areas  should  be  removed  from  Recommendation  (EU)  2022/107 
together with the traffic light map.  

(18)  The mandatory submission of passenger locator forms (‘PLF’) in the context of intra-
EU  travel  for  contact-tracing  purposes  constitutes  an  additional  requirement  for  the 
exercise of free movement. Such a requirement is thus justified only if necessary and 
proportionate. In particular, Member States should not require travellers using private 
transport, be it cars, bikes or on foot, to submit PLF. This is because their exposure is 
necessarily  less  intensive  than  in  the  case  of  public  transport  and  because  they  will 
typically know the identities of their fellow travelling companions. 

(19)  At  the  same  time,  should  Member  States  wish  to  activate  contact  tracing  of  cross-
border passengers, common tools, such as the EU digital Passenger Locator Form and 
the PLF Exchange Platform, are available to exchange passenger data to enhance their 
contact  tracing  capabilities  while  limiting  burdens  on  passengers  and  transport 
operators. To avoid the need for the submission of PLF, Member States could, where 
possible under national law and in compliance with data protection rules, also consider 
using existing passenger data for the purposes of contact tracing. 

(20)  The Commission, with the support of the European Centre for Disease Prevention and 
Control,  should  continue  its  regular  review  of  Recommendation  (EU)  2022/107,  and 
transmit  its  findings  to  the  Council  for  its  consideration,  together  with  a  proposal  to 
amend that Recommendation, where necessary, 

HAS ADOPTED THIS RECOMMENDATION: 

Recommendation (EU) 2022/107 is amended as follows: 

(1) 

the  heading  ‘Coordinated  framework  to  facilitate  safe  free  movement  during  the 
COVID-19 pandemic’ after point 10 is replaced by the following: 

‘Coordinated framework on free movement during the COVID-19 pandemic’; 

(2) 

point 11 is replaced by the following: 

‘11. Member States should not impose any pandemic-related restrictions on the right 
to  free  movement  of  persons  on  grounds  of  public  health  except  in  the  situations 
covered by points 11a and 22.’; 

(3) 

the following points 11a, 11b and 11c are inserted: 

‘11a.  Without  prejudice  to  the  emergency  brake  procedure  set  out  in  point  22,  a 
Member  State  should  introduce  pandemic-related  restrictions  on  the  right  to  free 
movement  of  persons  on  grounds  of  public  health  only  in  accordance  with  the 
general principles set out in points 1 to 10 and in response to a severe worsening of 
the epidemiological situation. 

To determine whether a situation should, for the purposes of the first subparagraph, 
be  qualified  as  severely  worsening,  Member  States  should  take  into  account,  in 
particular, the strain on their healthcare systems due to COVID-19, notably in terms 
of admissions to and number of hospital and intensive-care unit inpatients. 

EN 

12 

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Before  introducing  such  restrictions,  the  Member  State  concerned  should  assess 
whether  they  are  likely  to  have  a  positive  impact  on  the  epidemiological  situation, 
including a significant decrease in the strain placed on national healthcare systems. 

The European Centre for Disease Prevention and Control should provide the Member 
States  and  the  Commission  with  regular  information  as  to  the  development  of  the 
epidemiological situation. 

11b. If a Member State imposes restrictions pursuant to point 11a, travellers should 
only  be  required  to  be  in  the  possession  of  a  valid  EU  Digital  COVID  Certificate 
issued pursuant to Regulation (EU) 2021/953 meeting the conditions of point 12. 

In this context, the following derogations should apply: 

(a) 

(b) 

the  exemptions  from  the  need  to  be  in  the  possession  of  a  valid  EU  Digital 
COVID Certificate set out in point 16; 

additional measures taken in  accordance  with  the emergency brake procedure 
set out in point 22 to delay the spread of new SARS CoV-2 variants of concern 
or interest. 

11c.  If a Member State imposes restrictions pursuant to point 11a, it should swiftly 
inform  the  Commission  and  the  other  Member States  accordingly  through  the 
Integrated Political Crisis Response (IPCR) network. To that end, the Member State 
should provide the following information: 

(a) 

(b) 

the reasons for such a requirement, including its compliance with the principles 
of necessity and proportionality; 

an  estimate  of 
the 
epidemiological  situation,  including  in  terms  of  strain  posed  on  national 
healthcare systems; 

impact  of  such  a  requirement  on 

the  expected 

(c) 

the entry into force and duration of such a requirement. 

In addition, such restrictions should be discussed within the IPCR network, including 
with a view to ensuring consistency with Recommendation (EU) 2022/XXXX.’ 

(4) 

point 12 is replaced by the following: 

‘12.  The  following  EU  Digital  COVID  Certificates  should  be  accepted  if  their 
authenticity, validity and integrity can be verified: 

(a) 

vaccination  certificates  issued  in  accordance  with  Regulation  (EU)  2021/953 
for  a  COVID-19  vaccine  covered  by  Article  5(5),  first  subparagraph,  of  that 
Regulation  or  a  COVID-19  vaccine  that  has  completed  the  WHO  emergency 
use listing procedure and which indicate that the holder has: 

– 

– 

completed  the  primary  vaccination  series  and  at  least  14  days  have 
passed since the last dose; or 

received  one  or  more  booster  doses  following  the  completion  of  the 
primary vaccination series; 

provided  that  the  acceptance  period  set  out  in  Regulation  (EU)  2021/953  has 
not yet elapsed. 

Member  States  could  also  accept  vaccination  certificates  issued  for  other 
COVID-19  vaccines  covered  by  Article  5(5),  second  subparagraph,  of 

EN 

13 

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Regulation (EU) 2021/953 or vaccination certificates issued pursuant to Article 
5(5), fourth subparagraph, of Regulation (EU) 2021/953. 

On  the  basis  of  further  scientific  evidence,  the  Commission  should  regularly 
re-evaluate the approach set out in point (a). 

(b) 

test certificates issued in accordance with Regulation (EU) 2021/953 indicating 
a negative test result obtained: 

– 

– 

not more than 72 hours before arrival, in case of a molecular nucleic acid 
amplification test (NAAT); or 

not more than 24 hours before arrival, in case of an antigen test listed in 
the  EU  common  list  of  COVID-19  antigen  tests  agreed  by  the  Health 
Security Committee12. 

For the purpose of travel in exercise of free movement rights, Member States 
should accept both types of tests. 

Member States should seek to ensure that test certificates are issued as soon as 
possible after the collection of the test sample. 

(c) 

certificates  of  recovery  issued  in  accordance  with  Regulation  (EU)  2021/953 
provided  that  the  acceptance  period  set  out  in  that  Regulation  has  not  yet 
elapsed.’; 

(5) 

point 15 is replaced by the following: 

‘15. If a Member State introduces a requirement to be in the possession of a valid EU 
Digital  COVID  Certificate,  persons  not  having  it  in  their  possession  could  be 
required  to  undergo  an  NAAT  or  antigen  test  listed  in  the  EU  common  list  of 
COVID-19 antigen tests prior to or no later than 24 hours after arrival. This does not 
apply  to  persons  exempted  from  holding  an  EU  Digital  COVID  Certificate  in 
accordance with point 16.’; 

(6) 

in point 16, point (a) is replaced by the following: 

‘(a) travellers exercising an essential function or need, in particular: 

– 

– 

– 

– 

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

healthcare professionals; 

patients travelling for imperative medical or family reasons; 

diplomats,  staff  of  international  organisations,  people 
invited  by 
international  organisations  whose  physical  presence  is  required  for  the 
well-functioning of these organisations, military personnel, humanitarian 
aid workers, civil protection personnel and persons covered by Article 2 
of Council Implementing Decision (EU) 2022/38213; 

– 

passengers in transit; 

12 

13 

at:  https://ec.europa.eu/info/live-work-travel-eu/coronavirus-response/public-health/high-

Available 
quality-covid-19-testing_en  
Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass 
influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and 
having the effect of introducing temporary protection (OJ L 71, 4.3.2022, p. 1). 

EN 

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– 

seafarers.’; 

(7) 

(8) 

(9) 

the  heading  ‘EU  traffic  light  map  and  exceptions  and  additional  measures  based 
thereon’ after point 16 is deleted; 

points 17, 18 and 19 are deleted; 

in point 20, the second subparagraph is replaced by the following: 

‘To support Member States, the European Centre for Disease Prevention and Control 
should continue to publish information and data on SARS-CoV-2 variants of concern 
or interest.’; 

(10) 

points 21, 22 and 23 are replaced by the following: 

‘21. Member States should assess the circulation of different SARS-CoV-2 variants 
in  the  community  by  selecting  representative  samples  for  sequencing,  carry  out 
genetic characterisation and report variant typing results in line with the sequencing 
guidance published by the European Centre for Disease Prevention and Control. 

22. Where, in response to the emergence of a new SARS-CoV-2 variant of concern 
or  interest,  a  Member  State  requires  travellers,  including  holders  of  EU  Digital 
COVID  Certificates,  to  undergo,  after  entry  into  its  territory,  quarantine  or  self-
isolation or to be tested for SARS-CoV-2 infection, or if it imposes other restrictions 
on the holders of such certificates, it should swiftly inform the Commission and the 
other Member States accordingly, including by providing the information referred to 
in  point  11a  of  this  Recommendation,  and  Article  11(2)  of  Regulation  (EU) 
2021/953.  If possible, such information  should be provided 48 hours in  advance of 
the introduction of such new restrictions. Wherever possible, such measures should 
be limited to the regional level. 

This  should  also  apply  to  situations  where  the  epidemiological  situation  worsens 
rapidly  and  severely  in  a  way  that  suggests  the  emergence  of  a  new  SARS-CoV-2 
variant of concern or interest. 

23.  Where  a  Member  State  triggers  the  emergency  brake  and,  as  a  result,  requires 
transport  workers  and  transport  service  providers  to  undergo  a  test  for  COVID-19 
infection,  rapid  antigen  tests  should  be  used  and  no  quarantine  be  required,  which 
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’.  In addition, 
other types of travellers falling under points 16(a) and (b) should not be required to 
undergo quarantine or self-isolation.’; 

(11) 

in point 24, the second subparagraph is replaced by the following: 

‘The Commission, based on the regular assessment of new evidence on variants by 
the  European  Centre  for  Disease  Prevention  and  Control  and  the  analysis  provided 
by  the  European  expert  group  on  SARS-CoV-2  variants,  may  also  suggest  a 
discussion within the Council on a new SARS-CoV-2 variant of concern or interest.’; 

(12) 

point 27 is replaced by the following: 

‘27.  Where,  in  the  context  of  point  11a  or  22,  Member  States  require  persons 
travelling to their territory by means of collective transport modes with pre-assigned 
seat or cabin to submit Passenger Locator Forms (‘PLF’) for contact-tracing purposes 
in  accordance  with  data  protection  requirements,  they  should  make  use  of  the  EU 

EN 

15 

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digital  Passenger  Locator  Form  developed  by  the  EU  Healthy  Gateways14  and  join 
the PLF Exchange Platform to enhance their cross-border contact tracing capabilities 
for all transport modes. Member States should not require the submission of PLF for 
travel  with  private  transport.  Where  possible  under  national  law  and  in  compliance 
with  data  protection  rules,  Member  States  could  also  consider  using  existing 
passenger data for the purposes of contact tracing.’; 

(13) 

points 29 and 30 are replaced by the following: 

relevant  stakeholders  and 

‘29.  In  accordance  with  Article  11  of  Regulation  (EU)  2021/953,  Member  States 
should  provide 
the  general  public  with  clear, 
comprehensive and timely information about any measures affecting the right of free 
movement and any accompanying requirements, such as the need to  submit a  PLF. 
This  includes  information  about  the  lifting  or  absence  of  such  requirements.  The 
information should also be published in a machine-readable format. 

30.  This  information  should  be  regularly  updated  by  Member  States  and  also  be 
made  available  on  the  ‘Re-Open  EU’  web  platform  in  a  timely  manner.  Member 
States should also provide, on ‘Re-open EU’, information on any domestic use of EU 
Digital COVID Certificates. 

Information on any new measures should be published as early as possible and, as a 
general rule, at least 24 hours before they come into effect, taking into account that 
some flexibility is required for epidemiological emergencies.’; 

(14) 

the Annex is deleted. 

Done at Brussels, 

For the Council 
The President 

14 

https://www.euplf.eu/en/home/index.html  

EN 

16 

  EN