Explanatory Memorandum to COM(2021)754 - Amendment of Council Recommendation (EU) 2020/912 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction

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dossier COM(2021)754 - Amendment of Council Recommendation (EU) 2020/912 on the temporary restriction on non-essential travel into the EU and the ...
source COM(2021)754 EN
date 25-11-2021


1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

Since the last amendment to Recommendation (EU) 2020/912, that the Council adopted on 20 May 2021 1 , the Parliament and the Council adopted 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 and 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.

Considering that vaccination has played a major role in restoring travel to the EU, the Commission proposes to amend Recommendation (EU) 2020/912 to establish a clear link between the Recommendation and the EU Digital COVID Certificate so to assist the Member States authorities in verifying the authenticity, validity and integrity of the certificates issued by third countries.

Furthermore, on 22 October 2021, the European Council called for further coordination to facilitate of travel into the EU. It is, therefore, proposed to increase the threshold of the ‘14-day cumulative COVID-19 case notification rate’ from 75 to 100 (the average rate in the EU/EEA on 14 November 2021 was 473,8 per 100 000 inhabitants), while at the same time raising the weekly testing rate from 300 to 600 per 100 000 inhabitants, to take account of the general increase in testing capacities (the average weekly rate in the EU/EEA on 14 November 2021 was above 5 000 tests per 100 000 inhabitants).

Taking into account the guidance of ECDC regarding the administration of booster doses as of 6 months after completion of the primary vaccination series, and while providing for an additional period of 3 months to ensure that national vaccination campaigns can adjust and citizens can have access to the administration of boosters, a standard acceptance period of 9 months following the completion of the primary vaccination series is being proposed. To ensure a coordinated approach, Member States should not accept vaccination certificates issued following the completion of the primary vaccination series if more than 9 months have passed since the administration of the dose indicated therein.

Finally, even though the vaccination uptake continues to increase worldwide and several third countries progressively reopen their borders to international travellers who are fully vaccinated, a possibility that the EU has offered since 20 May 2021, the Commission considers it premature to make a full and immediate shift from the current hybrid country/person-based to a purely person-based approach as it would penalise travellers from third countries with a low vaccination rate. Therefore, Annex I (Third countries, Special Administrative Regions and other entities and territorial authorities whose residents should not be affected by temporary external borders restriction on non-essential travel into the EU) should only be discontinued and the relevant provisions deleted on 1 May 2022. This will simplify the content of the Recommendation and reduce the administrative burden linked to its implementation.

• 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.

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)

Ensuring the proper functioning of the area without controls at internal borders between Member States is a joint endeavour and shared responsibility that requires a coherent and coordinated approach, including in particular, as regards restrictions for non-essential travel to the EU. The objective of ensuring a coordinated approach cannot be sufficiently achieved by the Member States acting alone, and can be better achieved at the level of the Union.

• Proportionality

The present proposal takes account of the evolving epidemiological situation and all available relevant evidence. The proposed amendments to the Council Recommendation 2020/912 will reduce the administrative burden by relaxing the travel restictions in place and ultimately removig the country-based approach reflected in the Annex I to the 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.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

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.

• Collection and use of expertise

This proposal is based on the incremental scientific expertise concerning the virus SARS‑CoV‑2, its way of spreading, its variations in more contagious and severe strains (variants of interest and variants of concern), as well as the efficacy of vaccination and of non-pharmaceutical intervention in containing the spreading of this virus. The scientific evidence used is mainly that produced by the European Centre for Disease Prevention and Control (ECDC) and by the World Health Organisation (WHO).

4. BUDGETARY IMPLICATIONS

None.