1. Any restrictions to the free movement of persons within the Union put in place to limit the spread of COVID-19 should be based on specific and limited public interest grounds, namely the protection of public health. It is necessary for such limitations to be applied in compliance with the general principles of Union law, in particular proportionality and non-discrimination. Any measures taken should thus not extend beyond what is strictly necessary to safeguard public health.

2. Any such restrictions should be lifted as soon as the epidemiological situation, including in hospitals, allows it.

3. Member States should ensure that any requirements imposed on citizens and businesses provide a concrete benefit to the public health efforts to combat the pandemic and do not create an undue and unnecessary administrative burden.

4. There may be no discrimination between Member States, for example by applying more generous rules to travel to and from a neighbouring Member State as compared to travel to and from other Member States.

5. Restrictions may not be discriminatory, that is, they should apply equally to returning nationals of the Member State concerned. Restrictions cannot be based on the nationality of the person concerned.

6. Member States should always admit their own nationals and Union citizens and their family members resident in their territory. Member States should in principle not refuse the entry of other persons travelling from other Member States, and should facilitate swift transit through their territories.

7. Member States should pay particular attention to the specificities of cross-border regions, outermost regions, exclaves and geographically isolated areas and the need to cooperate at local and regional level.

8. Member States should avoid disruptions to supply chains and essential travel and should keep transport flows moving in line with the system of ‘Green Lanes’ system.

9. Member States should regularly exchange information on all matters covered by the scope of this recommendation and inform citizens accordingly.

10. Restrictions should not take the form of prohibitions on the operation of certain transport services.

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.

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.

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.

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:

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

13. Member States should make use of the standardised business rules processing functionality offered by the EU Digital COVID Certificate system.

14. Where this Recommendation makes reference to EU Digital COVID Certificates issued in line with Regulation (EU) 2021/953, this should be understood as also covering certificates covered by an implementing act adopted pursuant to Article 3(10) or Article 8(2) of that Regulation issued by third countries to Union citizens and their family members. Member States are also encouraged to issue vaccination certificates pursuant to Article 8(1) of Regulation (EU) 2021/953.

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.

16. The following categories of travellers should not be required to be in the possession of a valid EU Digital COVID Certificate issued pursuant to Regulation (EU) 2021/953:

20. Member States should pay particular attention to the spread of new SARS-CoV-2 variants of concern or interest, especially variants that increase transmissibility or disease severity or affect vaccine efficacy. For this purpose, Member States should make use of the data and risk assessments published by the European Centre for Disease Prevention and Control on variants of concern or interest in the EU/EEA.

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, through the IPCR network, swiftly inform the Commission and the other Member States accordingly, including by providing the information referred to in point 11c 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. Member States should privilege testing over other measures.

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.

24. Where a Member State considers triggering the emergency brake in response to the emergence of a new SARS-CoV-2 variant of concern or of interest, the IPCR network should be convened within the next 48 hours to discuss the necessity of coordinated measures across the EU to delay the spread of the new variant, in close cooperation with the Commission and supported by the European Centre for Disease Prevention and Control. During such a coordination meeting, the Member State concerned should outline why it considers triggering the emergency break. The measures discussed should be implemented by the Member States if appropriate in a coordinated manner.

25. During a discussion pursuant to point 24, the Commission, could, where necessary and as appropriate, propose that the Council agree on a coordinated approach regarding travel from the areas concerned that aims, in particular, to delay the spread of the variant within the Union, such as testing and/or quarantine/self-isolation requirements for travellers.

26. Any situation resulting in the adoption of measures pursuant to this point should be reviewed regularly. The Commission or Member States may suggest lifting the measures put in place in accordance with the coordinated approach on new SARS- CoV-2 variants of concern or interest.

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 are encouraged to make use of the EU digital Passenger Locator Form developed by the EU Healthy Gateways ( 3 ) and make use of the Early Warning and Response System (EWRS) selective exchange functionality, established by Article 8 of Decision No 1082/2013/EU of the European Parliament and of the Council ( 4 ), including any relevant structured information for crossborder contact-tracing. 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.

28. If a person develops symptoms upon arrival at the destination, testing, diagnosis, isolation and contact tracing should take place in accordance with the local practice, and entry should not be refused. Information on cases detected on arrival should be immediately shared with the public health authorities of the countries the person concerned has resided in during the previous 14 days for contact tracing purposes, using, where applicable, the PLF Exchange Platform, or otherwise the Early Warning and Response System.

29. In accordance with Article 11 of Regulation (EU) 2021/953, Member States should provide relevant stakeholders and 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.

31. The substance of the measures, their geographical scope and the categories of persons to whom they apply should be clearly described.

32. This Recommendation should be regularly reviewed by the Commission, with the support of the European Centre for Disease Prevention and Control. The Commission should report thereon regularly to the Council.

33. Recommendation (EU) 2020/1475 is replaced by this Recommendation.

34. This Recommendation should apply from 1 February 2022.

35. This Recommendation will cease to apply at the latest at the same time as Regulation (EU) 2021/953.