Considerations on 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 - Main contents
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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 ... |
|---|---|
| document | COM(2021)754  |
| date | November 25, 2021 |
(2) 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 restriction 3 to update the criteria used to assess whether non-essential travel from third countries is safe and should be allowed.
(3) The same amendment introduced mechanisms to contain the spread of variants of concern of the virus SARS-COV-2 in the EU 4 .
(4) On 20 May 2021, the Council amended Recommendation (EU) 2020/912 5 to take into account the roll-out and the positive effects of the vaccination campaigns in containing the spread of the virus, as well as in order to further contain the importation and spread into the EU of the emerging variants of interest and of concern.
(5) On 14 June 2021, the Parliament and the Council adopted Regulations (EU) 2021/953 6 and (EU) 2021/954 7 on EU Digital COVID Certificate. The EU Digital COVID Certificate has proved to be a fundamental tool to help restore travel within the EU.
(6) Since the adoption of Regulation (EU) 2021/953, the Commission has adopted several implementing acts establishing that COVID-19 certificates issued by a certain third country are to be considered as equivalent to certificates issued by Member States in accordance with that Regulation. Vaccination, recovery and test certificates covered by such implementing acts can thus be securely and reliable authenticated. Therefore, the EU Digital COVID Certificate, and in particular the implementing decisions adopted on this basis, have also facilitated the safe reopening of travel from third countries to the EU. 8
(7) Considering the evolution of the pandemic, as well as the increasing vaccination uptake and the progressive lifting of travel restrictions worldwide, the current approach set out in Recommendation (EU) 2020/912 should be updated to take account of the establishment of the EU Digital COVID certificate.
(8) On 22 October 2021, the European Council in its conclusions, in light of the development of the epidemiological situation, called for further coordination to facilitate free movement within, and travel into, the EU, and for a revision of the two Recommendations, including Council Recommendation (EU) 2020/912.
(9) The standard acceptance period for vaccination certificates issued following the completion of a primary vaccination series should be set at 9 months. This takes into account the guidance of ECDC regarding the administration of booster doses as of 6 months after completion of the primary vaccination series, and provides 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. 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.
(10) To further facilitate safe travel into the EU, the threshold for the 14-days cumulative COVID-19 case notification rate should be increased from 75 to 100 per 100 000 inhabitants. At the same time and to take account of the enhanced testing capabilities almost two years after the first appearance of the virus, the required minimum weekly testing rate should also be increased from 300 to 600 tests per 100 000 inhabitants. This should further increase the reliability of the data used to determine to what extent non-essential travel should be possible from a given third country.
(11) To better allow for non-essential travel into the Union and to increase predictability for third-country travellers, Member States should not only accept COVID-19 vaccines that have been granted a marketing authorisation pursuant to Regulation (EC) No 726/2004 of the European Parliament and of the Council 9 but also those having completed the emergency listing procedure of the World Health Organisation (WHO).
(12) Furthermore, as alternative to vaccination, Member States should allow non-essential travel to persons having recovered from COVID-19 within 180 days prior to travelling to the EU and who hold an EU Digital COVID certificate or one having been recognised as equivalent to it.
(13) At the same time, to further reduce the risk of transmission of the SARS-CoV-2 virus, Member States should also require a valid proof of a negative real-time polymerase chain reaction (RT-PCR) test before departure when the traveller has either (i) received a COVID-19 vaccine having completed the WHO Emergency Use Listing process but that does not appear on the list of vaccines authorised in the EU pursuant to Regulation (EC) No 726/2004 or (ii) recovered from COVID-19 within 180 days prior to travelling to the EU.
(14) Children above the age of 6 and under the age of 18 should be able to travel under the condition of having tested negative to a RT-PCR test before departure. In these cases, Member States could require additional testing after arrival, quarantine or self-isolation.
(15) In consideration of the increasing vaccination uptake worldwide, it is considered appropriate to gradually move from the current hybrid country/person-based approach to a purely person-based approach and therefore to remove the Annex I and base the lifting of travel restrictions solely on the vaccination status or the function/need fulfilled by travellers. However, at the moment there are still third countries with either a limited access to vaccines or a low vaccination rate. Therefore, to give time to third countries to increase their vaccination rates and upon a prior general assessment of the vaccination situation in third countries based on data supplied, among others, by the EU Delegations, Annex I and the relevant provisions of Recommendation (EU) 2020/912 should be deleted on 1 March 2022. Discontinuing Annex I should simplify the Recommendation (EU) 2020/912 and reduce the administrative burden linked to its implementation.
(16) 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 should, 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.
(17) 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 10 ; Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.
(18) 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 11 which fall within the area referred to in Article 1, point A, of Council Decision 1999/437/EC 12 .
(19) 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 13 which fall within the area referred to in Article 1, point A, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC 14 .
(20) 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 15 which fall within the area referred to in Article 1 point A, of Decision 1999/437/EC read in conjunction with Article 3 of Decision 2011/350/EU 16 .
(21) The legal status of this Recommendation as recalled in recitals 15 to 19 is without prejudice to 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 Union in a coordinated manner.