(1)

On 13 October 2020, the Council adopted Recommendation (EU) 2020/1475 (1) on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic.

(2)

The objective of Recommendation (EU) 2020/1475 is to ensure increased coordination among Member States in view of the adoption of measures, at national level, that restrict free movement on grounds of public health. That Recommendation provides the necessary framework coordinating the adoption of specific measures to contain the spread of COVID-19, which must be proportionate and non-discriminatory. For example, it provides for which measures could be applied to travellers arriving from a high-risk area and the necessary exceptions from any such measures. Furthermore, it requires the provision of timely and up-to-date information to the general public on newly introduced measures.

(3)

Recommendation (EU) 2020/1475 is addressed to all Member States. During the transition period, provided for in Article 126 of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (2), and pursuant to Article 127 of that Agreement, Union law, including Recommendation (EU) 2020/1475 continues to apply to the United Kingdom. During the transition period, UK nationals are to be considered as EU citizens and UK residents are to be considered as Union residents, in particular for the purpose of benefiting from the freedom of movement under Union law and for the purpose of that Recommendation.

(4)

In 2020 the Commission adopted a number of guidance documents on Green Lanes, including its Communication of 28 October 2020 upgrading the concept of Green Lanes to cover not only road but also rail, waterborne freight and air cargo, to ensure that essential supply chains continue to function and to avoid any disruption of freight and logistics in the EU in the second wave of the pandemic.

(5)

On 30 June 2020, the Council adopted a Recommendation (EU) 2020/912 (3) on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction. In that Recommendation, the Council adopted a common approach with regard to the temporary restriction of non-essential travel to the EU as agreed by the Heads of State or Government of the EU on 17 March 2020 and the gradual lifting of such restriction.

(6)

Recommendation (EU) 2020/912 has two Annexes: Annex I listing the third countries whose residents should not be affected by temporary external borders restriction on non-essential travel to the EU, and Annex II listing specific categories of travellers with an essential function or need.

(7)

Following the expiry of the transition period provided for in Article 126 of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (4), the United Kingdom shall be considered as a third country for the purpose of Recommendation (EU) 2020/912. Unless a decision is taken to include the United Kingdom on the list of third countries in Annex I to that Recommendation or unless otherwise agreed between the European Union and the United Kingdom beforehand, non-essential travel from the United Kingdom to the European Union will not be possible as of 1 January 2021. At the same time, EU citizens residing in the United Kingdom should continue to benefit from the rules and safeguards provided for in point 5(a) of Recommendation (EU) 2020/912 after 1 January 2021.

(8)

Over the last few weeks, the United Kingdom has faced a rapid increase in COVID-19 cases in South-East England, leading to enhanced epidemiological and virological investigations. Analysis of viral genome sequence data identified a large proportion of cases belonged to a new variant of SARS-CoV-2, defined by multiple spike protein mutations present as well as mutations in other genomic regions. While it is known and expected that viruses constantly change through mutation leading to the emergence of new variants, preliminary analysis in the UK suggests that this variant is significantly more transmissible than previously circulating variants, with an estimated increased transmissibility of up to 70 %. There is no indication at this point of increased disease severity associated with the new variant.

(9)

This new variant has emerged at a time of the year when there has traditionally been increased family and social contacts. In response to these developments, on 19 December 2020, the government of the United Kingdom announced tougher restrictions for large parts of South East England, including advice that people should not travel into or out of those areas, and that people in those areas should not travel abroad, apart from limited exceptions.

(10)

A few cases with the new variant have to date been reported by Belgium, Denmark, Italy, and the Netherlands. Other countries that have reported such cases include Iceland and Australia. While, it is likely that the variant is already circulating in other EU Member States, further epidemiological and virological research is needed to determine the current spread of this strain within the EU.

(11)

In light of the risk of further importing this variant, with consequences in terms of higher numbers of cases and hence of hospitalisations, Member States have taken temporary precautionary measures in relation to travel from the United Kingdom, pending a common approach. Where a Member State, in the specific context of the situation between the EU and the UK and in the coming days, requires rapid antigen tests for transport workers, this should not lead to transport disruptions. Within the EU, the Green Lanes approach will remain of fundamental importance.

(12)

At the meeting of the Integrated Political Crisis Response (IPCR) of 21 December 2020, many Member States called for a coordinated approach,