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) for one month. On 17 March 2020, the Heads of State or Government of the EU agreed to implement the temporary restriction of non-essential travel. The four Schengen Associated States also implemented it.
(2)
On 26 March 2020, the Heads of State or Government of the European Union agreed to apply a coordinated temporary restriction of non-essential travel to the EU as a consequence to the COVID-19 pandemic.
(3)
On 8 April 2020 (3) and 8 May 2020 (4), the Commission adopted two follow-up Communications, each recommending the extension of the non-essential travel restrictions by one month, respectively. All Schengen Member States as well as the four Schengen Associated States (hereafter ‘Member States’) decided to implement these extensions, in the last instance until 15 June 2020.
(4)
On 15 April 2020, the President of the European Commission and the President of the European Council set out a ‘Joint European Roadmap towards lifting COVID-19 containment measures’ (5). The Roadmap lays down a two-stage approach whereby internal border controls should be lifted in a coordinated manner. Subsequently, temporary restrictions at external borders would be gradually relaxed and non-EU residents would be allowed to resume non-essential travel to the EU. The lifting of the travel restriction at the external borders should take place after or in parallel with the lifting of the internal border controls by the Member States.
(5)
Consultations with Member States confirmed a need to have a further short extension of the existing restrictions at external borders and the importance of a coordinated approach to their gradual lifting.
(6)
On 11 June 2020, the Commission adopted a Communication (6) which recommended to extend the restriction on non-essential travel into the EU until 30 June 2020, and which sets out an approach for a gradual lifting of the restriction on non-essential travel into the EU as of 1 July 2020. All Member States have implemented the further extension until 30 June.
(7)
Discussions have since then taken place between Member States on the criteria and methodology to be applied.
(8)
This Recommendation is without prejudice to the responsibility that Member States have to continue applying Article 6 of the Schengen Borders Code (7), which lays down the entry conditions for third-country nationals. In particular, the Member States keep the responsibility to assess whether, on a case-by-case basis, a third-country national is to be considered a threat to public health. In this context, Member States should ensure a close cooperation between border guard authorities and transport providers.
(9)
Border control is in the interest not only of the Member State at whose external borders it is carried out but of all Member States which have abolished internal border control. Member States should therefore ensure that measures taken at the external borders are coordinated in order to ensure a well functioning Schengen area. To that end Member States should start lifting the temporary restriction on non-essential travel into the EU in a coordinated manner. As a first step this should apply with regard to the residents of the third countries listed in Annex I to this Recommendation. This list should be regularly updated.
(10)
Decisions on the possible lifting of the restriction on non-essential travel into the EU should take into account the epidemiological situation within the EU, i.e. the average number of COVID-19 cases over the last 14 days and per 100 000 inhabitants.
(11)
The International Health Regulations (2005) (‘IHR’) adopted by the Fifty-eighth World Health Assembly on 23 May 2005 reinforced the coordination among States Parties to the World Health Organization (WHO), which include all the Member States of the Union, of the preparedness for, and response to, a public health emergency of international concern. The IHR Monitoring Framework identifies core public health capacities to be maintained by WHO State Parties. Data reported periodically by countries under this framework can be compiled into an overall score as a proxy for the overall capacity for response.
(12)
The effectiveness of decisions on lifting the restriction on non-essential travel into the EU depends on their coordinated implementation by Member States for all external borders. A Member State should not unilaterally decide to lift the restriction on non-essential travel into the EU for a particular third country before the lifting of travel restriction has been decided in a coordinated manner by the other Member States for that country. However, Member States may, in full transparency, lift only progressively travel restrictions towards countries listed in Annex I.
(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/EC (8); 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/EC (9).
(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/EC (10) read in conjunction with Article 3 of Council Decision 2008/146/EC (11).
(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, application and development of the Schengen acquis which fall within the area referred to in Article 1 point A, of Decision 1999/437/EC (12) read in conjunction with Article 3 of Decision 2011/350/EU (13).
(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,
