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Document 02020H0912-20220301
Council Recommendation (EU) 2020/912 of 30 June 2020 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction
Consolidated text: Council Recommendation (EU) 2020/912 of 30 June 2020 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction
Council Recommendation (EU) 2020/912 of 30 June 2020 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction
02020H0912 — EN — 01.03.2022 — 015.001
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COUNCIL RECOMMENDATION (EU) 2020/912 of 30 June 2020 (OJ L 208I 1.7.2020, p. 1) |
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26.10.2020 |
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21.12.2020 |
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29.1.2021 |
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11.5.2021 |
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21.5.2021 |
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31.8.2021 |
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10.11.2021 |
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COUNCIL RECOMMENDATION (EU) 2020/912
of 30 June 2020
on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction
1. As from 17 January 2022, Member States should gradually lift the temporary restriction on non-essential travel to the EU in a coordinated manner with regard to the residents of the third countries listed in Annex I.
To determine the third countries for which the current restriction on non-essential travel into the EU should be lifted, the epidemiological situation in the respective third countries and further criteria as set out in this Recommendation should be taken into account.
2. ►M7 As regards the epidemiological situation, the following criteria should apply:
To be included in Annex I, third countries should meet the following thresholds: a 14-day cumulative COVID-19 case notification rate of not more than ►M23 100 ◄ , a testing rate above ►M23 600 ◄ , and a test positivity rate of not more than 4 %. In addition, the overall reponse to COVID-19 may be taken into account, in particular available information on aspects such as surveillance, contact tracing, containment, treatment and reporting as well as the reliability of available information and data sources and, if needed, the total average score across all dimensions for International Health Regulations (IHR). ◄
The data concerning ‘testing rate’, ‘test positivity rate’ and ‘variant of concern and variant of interest’ should be provided by the European Centre for Disease Prevention and Control (ECDC), on the basis of information made available to ECDC. Such data could be complemented by information provided by EU delegations, WHO and other centres of disease control, when available, also based on the checklist annexed to the Communication of 11 June 2020.
In addition to the information refered to in point 2, first paragraph, the ECDC should publish and regularly update a map presenting the situation with regard to variants of concern and variants of interest in third countries.
3. When deciding whether the temporary restriction on non-essential travel to the EU applies to a third-country national, residence in a third country for which the restrictions on non-essential travel have been lifted should be the determining factor (and not nationality).
4. Every two weeks, the list of third countries referred to in Annex I should be reviewed, and as the case may be updated, by the Council, after close consultation with the Commission and the relevant EU agencies and services following an overall assessment based on the methodology, criteria and information referred to in paragraph 2.
Travel restrictions may be totally or partially lifted or reintroduced for a specific third country already listed in Annex I, according to changes in some of the conditions set out above and, as a consequence, in the assessment of the epidemiological situation.
Where the epidemiological situation worsens quickly and, in particular, where a high incidence of variants of concern of the virus is detected, travel restrictions may be rapidly reintroduced for non-essential travel for third countries already listed in Annex I.
In order to lift the temporary restriction on non-essential travel into the EU with regard to the third countries listed in Annex I, Members States should, on a case-by-case basis, take into account reciprocity granted to the EU+ area.
5. Member States should strongly discourage non-essential travel from the EU+ area to countries other than those listed in Annex I.
►M7 6. ◄ Where temporary travel restrictions continue to apply to a third country, the following categories of persons should be exempted from the travel restriction, independent of the purpose of travel:
Union citizens within the meaning of Article 20(1) TFEU and third-country nationals who, under agreements between the Union and its Member States, on the one hand, and those third countries, on the other hand, enjoy rights of free movement equivalent to those of Union citizens, as well as their respective family members ( 1 );
third-country nationals who are long-term residents under the Long-term Residence Directive ( 2 ) persons deriving their right to reside from other EU Directives or national law or who hold national long-term visas, as well as their respective family members.
In addition, essential travel should be allowed for the specific categories of travellers with an essential function or need referred to in Annex II.
▼M7 —————
Where the epidemiological situation worsens quickly and, in particular, where a high incidence of variants of concern of the virus is detected, Member States may temporarily limit the categories of travellers listed in Annex II. Travel justified by compelling reasons should still remain possible.
▼M9 —————
The list of specific categories of travellers with an essential function or need referred to in Annex II may be reviewed by the Council, based on a proposal from the Commission, depending on social and economic considerations as well as the overall assessment of the evolution of the epidemiological situation, based on the methodology, criteria and information referred to above.
6a. ►M23 Without prejudice to point 6(a) and (b), where Member States accept proof of vaccination in order to waive travel restrictions to limit the spread of COVID-19, Member States should in principle lift the temporary restriction on non-essential travel to the EU with regard to such travellers who have received the last recommended dose of one of the COVID-19 vaccines authorised in the EU pursuant to Regulation (EC) No 726/2004 ( 3 ) at the latest 14 days before entering the EU+ area, provided that less than 270 days have passed since the administration of the dose indicated in the vaccination certificate for the completion of the primary vaccination series, or an additional dose has been received following the completion of the primary vaccination series.
Member States should also lift the temporary restriction on non-essential travel to the EU with regard to such travellers who have received the last recommended dose of one of the COVID-19 vaccines having completed the WHO Emergency Use Listing process at the latest 14 days before entering the EU+ area, provided that less than 270 days have passed since the administration of the dose indicated in the vaccination certificate for the completion of the primary vaccination series, or an additional dose has been received following the completion of the primary vaccination series.
Member States should also lift the temporary restriction on non-essential travel to the EU with regard to such travellers who have recovered from COVID-19 within 180 days prior to travelling to the EU.
To that end, travellers wishing to undertake non-essential travel to a Member State should be in possession of either:
a valid proof of COVID-19 vaccination issued on the basis of a COVID-19 vaccine authorised in the EU pursuant to Regulation (EC) No 726/2004; or
a valid proof of COVID-19 vaccination issued on the basis of COVID-19 vaccines that has completed the WHO Emergency Use Listing process but does not appear on the list of vaccines authorised in the EU pursuant to Regulation (EC) No 726/2004; or
a valid proof of recovery.
For travellers falling under points b) and c) above, the Member State could also require a valid proof of a negative real-time polymerase chain reaction (RT-PCR) test taken at the earliest 72 hours before departure. For travellers falling under points b) Member States could apply additional health measures such as isolation, quarantine or receiving vaccine authorised in the EU pursuant to Regulation (EC) No 726/2004.
In addition to EU Digital COVID certificates, Member States should accept such proofs of COVID-19 vaccination or recovery if they correspond to certificates having been recognised as equivalent to those issued in accordance with Regulation (EU) 2021/953 of the European Parliament and of the Council ( 4 ) in an implementing act adopted by the Commission under Article 8 of that Regulation.
Where no such act concerning certificates issued by a third country has been adopted, Member States could accept, in accordance with national law, a proof of testing and vaccination issued by the third country taking into account the need to be able to verify the authenticity, validity and integrity of the certificate and whether it contains all relevant data as provided for in Regulation (EU) 2021/953.
In such case, they could require a valid proof of a negative RT-PCR test before departure for travellers fully vaccinated with a COVID-19 vaccine that have been granted a marketing authorisation pursuant to Regulation (EC) No 726/2004 but are not in possession of a EU Digital COVID Certificate or one having been recognised as equivalent to it.
Unless they are covered by the provisions set out above, children above the age of 6 and under the age of 18 should also be allowed to undertake non-essential travel to a Member State if they are in possession of valid proof of a negative real-time polymerase chain reaction (RT-PCR) test taken at the earliest 72 hours before departure. In these cases, Member States could require additional testing after arrival, as well as quarantine or self-isolation. Children under the age of 6 travelling with an adult should not be subject to additional requirements. ◄
Where Member States decide to lift restrictions for travellers in possession of a valid proof of a COVID-19 vaccination, Member States should, on a case-by-case basis, take into account reciprocity granted to the EU+ area.
►M7 7. ◄ ►M9 Without prejudice to point 6a ◄ ►M7 Member States should require persons travelling for any essential or non-essential reason, function, or need, with the exception of transport and frontier workers, to have tested negative for COVID-19 on the basis of a polymerase chain reaction (PCR) test taken at the earliest 72 hours before departure, and to submit the appropriate proof of such a test result in the form stipulated by the authorities.
If tests on departure are not possible, persons referred to in point 6 (a) and (b) should have the possibility to carry out the test after arrival, in accordance with national procedures. This is without prejudice to any obligation to undergo any further measure, including quarantine, after arrival.
In addition, Member States may require self-isolation, quarantine and contact tracing for a period of up to 14 days, as well as further COVID-19 testing as needed during the same period, provided that they impose the same requirements on their own nationals when travelling from the same third country. For those travellers arriving from a third country where a variant of concern of the virus has been detected, Member States should impose such requirements and in particular, quarantine upon arrival and additional testing upon or after arrival. ◄
7a. Where the epidemiological situation of a third country or region worsens quickly and, in particular where a variant of concern or of interest has been detected, Member States should, exceptionally, adopt an urgent, temporary restriction on all travel into the EU for third country nationals with residence in that third country. This travel restriction should not apply to persons referred to in point 6 (a) and (b) and to travellers listed in point i. and points iv. to ix. of Annex II. These travellers should nevertheless be subject to appropriate and regular testing, including prior to departure as provided in point 7, and undergo self-isolation/quarantine even if they have received the last recommended dose of one of the COVID-19 vaccines authorised in the EU pursuant to Regulation (EC) No 726/2004 or of one of the COVID-19 vaccines having completed the WHO Emergency Use Listing process at the latest 14 days before entering the EU+ area.
When a Member State applies such restrictions, the Member States meeting within the Council structures and in close cooperation with the Commission should urgently review the situation in a coordinated manner. Such restrictions should be reviewed at least every two weeks, taking into account the evolution of the epidemiological situation.
7b. As regards travel undertaken in connection with an essential function or need as set out in Annex II:
This is without prejudice to general public health requirements that may be imposed by the Member States such as physical distancing and the requirement to wear a mask.
8. Member States should develop a Passenger Locator Form (PLF) and require persons entering the EU to submit a PLF in accordance with applicable data protection requirements. A common European Passenger Locator Form is being developed for possible use by Member States. Wherever possible, a digital option for passenger locator information should be used in order to simplify processing and expediting contact tracing, while ensuring equal access to all third-country nationals.
►M7 9. ◄ A Member State should not decide to lift the restriction on non-essential travel into the EU for a specific third country before the lifting of the restriction has been coordinated in line with this Recommendation.
►M7 10. ◄ Residents of Andorra, Monaco, San Marino and the Vatican/Holy See should be considered as EU residents for the purpose of this Recommendation.
►M7 11. ◄ This Recommendation should be implemented by all Member States at all external borders.
12. By 30 April 2022, the Recommendation should be reviewed by the Commission with a view to the deletion of Annex I taking into account the increasing vaccination uptake worldwide.
The Commission should report to the Council, and could submit to it, as appropriate, a proposal to delete Annex I.
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:
I. STATES
BAHRAIN
CHILE
COLOMBIA
INDONESIA
KUWAIT
NEW ZEALAND
PERU
QATAR
RWANDA
SAUDI ARABIA
SOUTH KOREA
UNITED ARAB EMIRATES
URUGUAY
CHINA ( 5 )
II. SPECIAL ADMINISTRATIVE REGIONS OF THE PEOPLE’S REPUBLIC OF CHINA
Hong Kong SAR
Macao SAR
III. ENTITIES AND TERRITORIAL AUTHORITIES THAT ARE NOT RECOGNISED AS STATES BY AT LEAST ONE MEMBER STATE
Taiwan
ANNEX II
Specific categories of travellers with an essential function or need:
Healthcare professionals, health researchers, and elderly care professionals;
Frontier workers;
Seasonal workers in agriculture;
Transport personnel;
Diplomats, staff of international organisations and people invited by international organisations whose physical presence is required for the well-functioning of these organisations, military personnel and humanitarian aid workers and civil protection personnel in the exercise of their functions;
Passengers in transit;
Passengers travelling for imperative family reasons;
Seafarers;
Persons in need of international protection or for other humanitarian reasons;
Third-country nationals travelling for the purpose of study;
Highly qualified third-country workers if their employment is necessary from an economic perspective and the work cannot be postponed or performed abroad.
( 1 ) As defined in Articles 2 and 3 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).
( 2 ) Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, p. 44).
►M23 ( 3 ) Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ L 136, 30.4.2004, p. 1).
( 4 ) Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 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 (OJ L 211, 15.6.2021, p. 1).
( 5 ) subject to confirmation of reciprocity