Explanatory Memorandum to COM(2020)287 - Temporary restriction on non-essential travel into the EU - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2020)287 - Temporary restriction on non-essential travel into the EU. |
|---|---|
| source | COM(2020)287  |
| date | 25-06-2020 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
On 10 March 2020, the Heads of State or Government of the EU emphasised the need for a joint European approach with regard to the COVID-19 pandemic. On 16 March 2020, the Commission adopted a Communication 1 recommending a temporary restriction of non-essential travel from third countries into the EU+ area 2 . On 17 March 2020 EU Leaders agreed on coordinated action at external borders based on the recommendation from the Commission. Since then, all EU Member States (with the exception of Ireland) and Schengen Associated States (hereafter ‘Member States’) have taken national decisions to implement the travel restriction 3 .
On 8 April 2020 4 and 8 May 2020 5 , the Commission adopted two follow-up Communications. In the latter, the Commission invited the Member States to prolong the travel restriction until 15 June 2020.
In their meeting of 5 June 2020, Home Affairs Ministers discussed how long the EU entry restrictions for third country nationals should be maintained as well as the criteria and measures that should be applied when deciding to gradually lift such restrictions for individual third countries. In line with the ‘Joint European Roadmap towards lifting COVID-19 containment measures’ 6 of 15 April, consensus was reached on the need to first lift internal border controls and then follow a unified approach to the gradual lifting of restrictions on non-essential travel to the EU. The Commission was invited to propose a coordinated way forward based on clear criteria.
On 11 June 2020, the Commission adopted a Communication 7 that recommends prolonging the travel restriction until 30 June 2020 and sets out an approach for the gradual lifting of the restriction on non-essential travel into the EU as of 1 July 2020. The objective of this proposal is to operationalise this approach in the form of a Council recommendation.
• Consistency with existing policy provisions in the policy area
This recommendation serves to implement the existing provisions in the policy area, namely carrying out checks on persons and efficient monitoring of the crossing of external borders.
• Consistency with other Union policies
This recommendation is in line with other Union policies, including those regarding external relations and public health.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The Treaty on the Functioning of the European Union (TFEU), and in particular Article 292, 2nd sentence, and point (b) of Article 77 (2) thereof
• Subsidiarity (for non-exclusive competence)
Article 292 TFEU enables the Council to adopt recommendations. According to the second sentence of this provision, the Council shall act on a proposal from the Commission in all cases where the Treaties provide that it shall adopt acts on a proposal from the Commission.
This applies in the current situation, as a consistent approach at the external border requires a common solution. Article 77 (1) (b) TFEU states that the Union shall develop a policy with a view to carrying out checks on persons and efficient monitoring of the crossing of external borders. Article 77 (2) (b) TFEU provides for measures on checks on persons crossing the external 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.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
n.a
• Stakeholder consultations and impact assessment
This proposal takes into account discussions with Member States since the first temporary restrictions were implemented. No impact assessment was undertaken though the proposal takes into account the evolving epidemiological situation and all available relevant evidence.
4. BUDGETARY IMPLICATIONS
None