(1)

Regulation (EU) 2016/429 lays down rules for the prevention and control of diseases which are transmissible to animals or humans, including, inter alia, rules for establishments keeping terrestrial animals and hatcheries, and for the traceability of certain kept terrestrial animals and hatching eggs within the Union. It also empowers the Commission to adopt rules to supplement certain non-essential elements of that Regulation by means of delegated acts.

(2)

Commission Delegated Regulation (EU) 2019/2035 (2) lays down supplementing rules for registered and approved establishments for kept terrestrial animals and hatching eggs, and for the traceability of certain kept terrestrial animals and hatching eggs. In particular Title II of Part III of that Delegated Regulation lays down rules concerning the traceability of kept ovine and caprine animals, including obligations on operators as regards the means and methods of identification of those animals.

(3)

In addition, Article 46 of Delegated Regulation (EU) 2019/2035 provides for certain derogations from the traceability requirements for kept ovine and caprine animals laid down in Article 45 of that act. This includes the possibility for operators keeping ovine and caprine animals less than 12 months old to identify their animals by means of a single electronic eartag with a visible display of the unique registration number and identification code, where those animals are intended to be transported to a slaughterhouse in the same Member State, after undergoing an assembly operation or a fattening operation. After the adoption of Delegated Regulation (EU) 2019/2035, the Commission received various comments from certain stakeholders and Member States concerning the potential implications of applying that derogation which was considered too cumbersome for sheep and goat breeders, particularly taking into account the low market price obtained by those breeders for animals slaughtered for human consumption. Taking into account the considerations laid down in Article 118(3) of Regulation (EU) 2016/429, a conventional ear tag or a conventional pastern band could be regarded as ensuring a sufficient level of traceability when young kept ovine and caprine animals from different establishments of origin are moved, after a fattening operation, to a slaughterhouse. Also, a sufficient level of traceability can only be ensured if such movements are recorded in a single database, and therefore take place within the same Member State, which is also a requirement for most of the other derogations provided for in Article 46 of Delegated Regulation (EU) 2019/2035.

(4)

Taking into account those considerations, it is appropriate to amend Regulation (EU) 2019/2035 by adding an additional derogation for young kept ovine and caprine animals so that disproportionate burdens and costs are not imposed on operators, while at the same time ensuring the traceability of kept ovine and caprine animals and the smooth functioning of the identification and registration system for those animals.

(5)

Moreover, Article 108 of Regulation (EU) 2016/429 requires Member States to have in place a system for the identification and registration of kept terrestrial animals, including kept ovine and caprine animals. That system should have established procedures for its proper functioning, including for the management of derogations, which are applied in the Member States. In order to avoid any risk to animal health, and to ensure the traceability of kept ovine and caprine animals, when certain derogations provided for in Article 46 of Regulation (EU) 2019/2035 are applied, there should be an obligation on Member States to establish procedures regarding the application of such derogations.

(6)

As Delegated Regulation (EU) 2019/2035 applies from 21 April 2021, this Regulation should also apply from that date,

(1)

Council Regulation (EU) 2018/2025 (2) lays down quotas for 2020.

(2)

According to the information received by the Commission, catches of the stock of alfonsinos in Union and international waters of 3, 4, 5, 6, 7, 8, 9, 10, 12 and 14 by vessels flying the flag of or registered in Portugal have exhausted the quota allocated for 2020.

(3)

It is therefore necessary to prohibit certain fishing activities for that stock,

(1)

Commission Implementing Regulation (EU) 2019/317 (3) sets out the detailed rules and procedures for the implementation of the performance and charging scheme, including the performance of air navigation services and network functions as well as the determination, imposition and enforcement of air navigation charges to airspace users.

(2)

The COVID-19 pandemic has led to a sharp drop in air traffic as a result of a significant fall in demand and direct measures taken by the Member States as well as third countries to contain the outbreak of the pandemic. The extraordinary circumstances caused by the COVID-19 pandemic have a significant impact on the current processes and measures for the implementation of the performance and charging scheme in the third reference period 2020-2024 (‘RP3’), including the setting of performance targets and unit rates as well as the application of incentive schemes and risk sharing mechanisms. That has created an exceptional situation which needs to be addressed with specific temporary measures.

(3)

Member States have submitted to the Commission their draft performance plans for RP3 by 1 October 2019, as well as subsequent updated draft performance plans by 21 November 2019. Pursuant to Article 11(3) of Regulation (EC) No 549/2004, the Commission carried out an assessment of the consistency of those draft performance plans with the Union-wide performance targets set out in Commission Implementing Decision (EU) 2019/903 (4). However, both the draft performance plans and the Union-wide performance targets were drawn up before the outbreak of the COVID-19 pandemic and hence do not take account of the resulting significantly changed circumstances for air transport.

(4)

Because of the significant, unprecedented impact of the COVID-19 pandemic on the aviation sector, and in particular on the provision of air navigation services, certain rules derogating from Implementing Regulation (EU) 2019/317 should apply for the purpose of RP3. Implementing Regulation (EU) 2019/317 should apply to that reference period unless the present Regulation specifically provides for otherwise. Likewise, this Regulation should not affect adjustments to unit rates originating from the second reference period and based on Commission Implementing Regulation (EU) No 391/2013 (5).

(5)

Given the uncertainties about traffic evolution subsequent to the outbreak of the COVID-19 pandemic, sufficiently robust traffic forecasts for the years until 2024 are not so far available. It is therefore necessary to provide for special rules for the setting of revised Union-wide performance targets for RP3 to ensure the continued implementation of this reference period. Reassurances have been received as to the publication of an updated STATFOR traffic forecast for RP3 in early November 2020. This traffic forecast will provide the basis for initiating the revision of the Union-wide performance targets for RP3. Considering the time constraints, the setting of those revised targets should exceptionally not be subject to all the processes and time limits set out in Article 9(1) and (2) of Implementing Regulation (EU) 2019/317. In order to enable the Commission to set the revised targets, national supervisory authorities should provide the Commission with initial cost data and information about traffic forecasts for the relevant calendar years by 15 December 2020, as inputs for the setting of the revised Union-wide performance targets for RP3. The Commission should adopt the revised Union-wide performance targets for RP3 not later than 1 May 2021.

(6)

Upon the setting of revised Union-wide performance targets by the Commission for RP3, Member States should establish performance plans containing revised performance targets for RP3. The process for performance target setting at national or functional airspace block level should be completed only after the revised Union-wide performance targets have been adopted. A new time limit for submission of draft performance plans should be set accordingly.

(7)

Since the circumstances caused by the COVID-19 pandemic have led to an unavoidable delay in the procedures related to the development, assessment and adoption of performance plans, having regard to the criteria set out in Article 11 of Regulation (EC) No 549/2004 the cost-efficiency performance targets contained in the final version of the performance plans should have a retroactive effect from the beginning of the reference period, in accordance with Article 17(2) of Implementing Regulation (EU) 2019/317. They should however only produce effects through unit rate adjustments in subsequent calendar years.

(8)

The Network Manager submitted to the Commission, in September 2019, a draft Network Performance Plan for RP3 in accordance with Article 19 of Implementing Regulation (EU) 2019/317. The Commission assessed the Network Performance Plan in accordance with Article 19(2) of that Regulation. Because of the material change of circumstances caused by the impact of the COVID-19 pandemic, which occurred after the submission of the draft Network Performance Plan, the Network Manager should draw up and submit for assessment by the Commission a new draft Network Performance Plan. The time deadline for submission of this plan should be set accordingly.

(9)

It is expected that the revised determined costs for the combined calendar years 2020 and 2021 reflect the additional uncertainty and take due account of the lower traffic volumes entailed by the circumstances of the COVID-19 pandemic.

(10)

In order to alleviate the severe impact of the COVID-19 pandemic on airspace users during RP3, it is necessary to apply specific provisions for the purposes of calendar years 2020 and 2021 as regards the revision of performance targets in the key performance area of cost-efficiency at Union-wide and local levels, the implementation of incentive schemes and risk sharing mechanisms, as well as unit rate adjustments stemming from those 2 calendar years.

(11)

For the purpose of ensuring the proper application of the performance and charging scheme in RP3, and considering the forward-looking nature of performance target setting, the revision of cost-efficiency performance targets at Union-wide and local level should cover the determined costs of calendar years 2020 and 2021 as a single period. In setting those revised cost-efficiency targets at Union-wide and local level, due account should be taken of the actual costs incurred by air navigation service providers and Member States.

(12)

The rules governing the consequences of a late adoption of performance plans set out in Implementing Regulation (EU) 2019/317 should be adapted so as to mitigate the severe adverse financial impact those mechanisms would otherwise have on airspace users as well as to avoid excessive volatility of unit rates during RP3. To this end, the corresponding unit rate adjustments should be exceptionally spread over a time period of 5 calendar years. National supervisory authorities should be allowed to extend the time period to 7 calendar years, where this is necessary in order to avoid a disproportionate effect of the carry-overs on the unit rates charged to airspace users.

(13)

Member States may take additional measures to offset the impact of the COVID-19 pandemic on the level of air navigation charges during RP3, through the application of Article 29(6) of Implementing Regulation (EU) 2019/317.

(14)

In order to facilitate the discharge by national supervisory authorities and the Commission of their monitoring tasks, air navigation service providers should be obliged to submit a report to those authorities by 15 December 2020 regarding measures put in place in order to address the financial and operational impact of the COVID-19 pandemic on their activities.

(15)

The exceptional provisions should be immediately applied in order to enable the Commission and Member States to swiftly undertake the appropriate measures in respect of the performance target setting process for RP3 and the mitigation of the financial impact of the COVID-19 crisis on airspace users. This Regulation should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union.

(16)

The Single Sky Committee did not deliver an opinion. An implementing act was deemed to be necessary and the Chair submitted the draft implementing act to the Appeal Committee for further deliberation. The measures provided for in this Regulation are in accordance with the opinion of the appeal committee,

(1)

Pursuant to Article 2 of Regulation (EU) 2015/478, France has informed the Commission that trends in imports of renewable ethanol for fuel appear to call for surveillance. In particular, France has requested the introduction of retrospective surveillance.

(2)

According to Article 10 of Regulation (EU) 2015/478 Union surveillance may be introduced where the trend in imports of a product threatens to cause injury to Union producers and where the interest of the Union so require. Article 7 of Regulation (EU) 2015/755 allows the possibility to introduce surveillance where the Union's interests so require. Retrospective surveillance may be introduced under both Regulations, respectively pursuant to Article 10(1)(a) and Article 7(1)(a).

(3)

Based on the information submitted by France, imports into the Union of renewable ethanol for fuel increased by 512 % between 2017 and 2019, from 87,6 thousand tonnes to 536,2 thousand tonnes. Moreover, during 2019, prices of imports of renewable ethanol for fuel from the main six import sources undercut the price of Union producers by 15 % on average.

(4)

Estimated EU consumption of renewable ethanol for fuel increased by 10% between 2017 and 2019, from 3,9 million tonnes to 4,3 million tonnes. In the same period, however, world production of renewable ethanol for fuel passed from 80,6 million tonnes to 87,5 million tonnes. Due to the size of the world production in comparison to the total EU consumption, it is considered that even minor disturbances in the global market of renewable ethanol for fuel might have very severe impacts on the offer in the EU market, in terms of both quantities and prices.

(5)

Moreover, around 84% of the total world production of renewable ethanol for fuel (more than 70 million tonnes) is concentrated in the US (54 %) and Brazil (30 %). These two countries have such a large production capacity that even a limited excess in their annual production may translate in an oversupply on the world market, with potentially negative consequences for much smaller markets such as the EU. Imports from the US into the EU have increased steadily over the last three years, and imports from Brazil have surged in the first months of 2020.

(6)

It should also be recalled that a situation of slight overcapacity has already been observed in the US market over the last five years, which has prompted a number of countries (e.g. Brazil, China, Peru, Colombia) to adopt or reinstate measures to limit the level of imports of renewable ethanol for fuel from the US. Obviously, quantities previously exported from the US to those markets might now be redirected to other markets as for example the EU market. It should furthermore be recalled that EU anti-dumping measures on renewable ethanol for fuel were repealed in May 2019.

(7)

Since imports have increased in the last years, the market shares of the Union industry have been reduced. The EU demand collapsed in recent months and the economic situation of the Union industry has deteriorated. Once the market will recover, it can be expected that the existing unused stocks in the main producing countries outside the EU will be massively exported to the EU, thereby preventing the EU industry to recover. Moreover, it cannot be excluded that in an effort to sustain production activities some governments might introduce subsidies or other forms of support in favour of their ethanol industry. Some support projects are already under discussion in the US.

(8)

On the basis of recent trends in imports of renewable ethanol for fuel and of the current excess capacity, injurious effects to Union producers may therefore develop quickly in the near future.

(9)

Thus, the Union interest requires that imports of renewable ethanol for fuel should be subject to retrospective Union surveillance in order to provide statistical information, before the issuance of official import statistics, permitting rapid analysis of import trends from all third countries. Rapid and anticipated trade data is necessary to deal with the vulnerability of the Union renewable ethanol for fuel market to sudden changes on world markets.

(10)

Since ethanol for fuel can be classified in various CN headings containing other products, specific TARIC codes should be created in order to ensure an adequate surveillance limited only to the relevant product. The scope of the retrospective surveillance shall include the products listed in Annex.

(11)

The surveillance system should be introduced for a period of one year, which is deemed sufficient to monitor the development of imports during the market recovery, until a stabilised situation is reached,

(1)

By letter of 7 August 2019, France sought authorisation to apply a reduced rate of taxation to electricity directly provided to maritime and inland waterway vessels at berth in a port (‘shore-side electricity’) pursuant to Article 19 of Directive 2003/96/EC. The French authorities provided additional information and clarifications on 4 March 2020 and 30 April 2020.

(2)

With the reduced rate of taxation it intends to apply, France aims to further promote the deployment and the use of shore-side electricity. The use of such electricity is considered to be an environmentally less harmful way of satisfying the electricity needs of vessels at berth in a port than the burning of bunker fuels by those vessels.

(3)

In so far as the use of shore-side electricity avoids emissions of air pollutants originating from the burning of bunker fuels by vessels at berth in a port, it improves local air quality in port cities. Under the specific conditions of the electricity generation structure in France, the use of shore-side electricity instead of electricity generated by burning bunker fuels is furthermore expected to reduce CO2 emissions, other air pollutants and noise. The measure is therefore expected to contribute to the environmental, health and climate policy objectives of the Union.

(4)

Allowing France to apply a reduced rate of taxation to shore-side electricity does not go beyond what is necessary to increase the use of such electricity, since on-board generation of electricity will remain the more competitive alternative in most cases. For the same reason, and because of the current relatively low degree of market penetration of the relevant technology, the application of that reduced rate of taxation is unlikely to lead to significant distortions in competition during its lifetime and will therefore not negatively affect the proper functioning of the internal market.

(5)

In accordance with Article 19(2) of Directive 2003/96/EC, each authorisation granted under Article 19(1) of that Directive is to be strictly limited in time. In order to ensure that the authorisation period is sufficiently long so as not to discourage relevant economic operators from making the necessary investments, it is appropriate to grant the authorisation requested from 1 January 2021 until 31 December 2026. However, that authorisation should cease to apply from the date of application of any general provisions on tax advantages for shore-side electricity adopted by the Council under Article 113 or any other relevant provision of the Treaty on the Functioning of the European Union, should such provisions become applicable prior to 31 December 2026.

(6)

This Decision is without prejudice to the application of Union rules regarding State aid,

(1)

In accordance with Article 13 of Directive 2014/30/EU of the European Parliament and of the Council (2), electrical equipment which is in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, are to be presumed to be in conformity with the essential requirements covered by those standards or parts thereof set out in Annex I to that Directive.

(2)

By Implementing Decision C(2016) 7641 (3), the Commission made a request to the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (Cenelec) and the European Telecommunications Standards Institute (ETSI) for the drafting and revision of harmonised standards for electromagnetic compatibility in support of Directive 2014/30/EU.

(3)

On the basis of the request set out in Implementing Decision C(2016) 7641, CEN and Cenelec revised the following harmonised standards, the references of which are published in the C series of the Official Journal of the European Union (4): EN 55011:2009, EN 55014-1:2006, EN 55015:2013 and EN 55032:2012. This resulted in the adoption of, respectively, the following harmonised standards and amendments thereto: EN 55011:2016, EN 55011:2016/A1:2017 and EN 55011:2016/A11:2020 for industrial, scientific and medical equipment; EN 55014-1:2017 and EN 55014-1:2017/A11:2020 for household appliances, electric tools and similar apparatus; EN IEC 55015:2019 and EN IEC 55015:2019/A11:2020 for electrical lighting and similar equipment; and EN 55032:2015 and EN 55032:2015/A11:20 for multimedia equipment.

(4)

On the basis of the request set out in Implementing Decision C(2016) 7641, CEN and Cenelec amended harmonised standard EN 62026-2:2013, the reference of which is published in the C series of the Official Journal of the European Union (5). This resulted in the adoption of harmonised standard EN 62026-2:2013/A1:2019.

(5)

The Commission, together with CEN and Cenelec, has assessed whether those harmonised standards comply with the request set out in Implementing Decision C(2016) 7641.

(6)

The harmonised standards EN 55011:2016 as amended by EN 55011:2016/A1:2017 and EN 55011:2016/A11:2020, EN 55014-1:2017 as amended by EN 55014-1:2017/A11:2020, EN IEC 55015:2019 as amended by EN IEC 55015:2019/A11:2020, EN 55032:2015 as amended by EN 55032:2015/A11:2020, and EN 62026-2:2013 as amended by EN 62026-2:2013/A1:2019 satisfy the essential requirements which they aim to cover and which are set out in Directive 2014/30/EU. It is therefore appropriate to publish the references of those harmonised standards, together with the relevant amending standards thereto, in the Official Journal of the European Union.

(7)

Annex I to Commission Implementing Decision (EU) 2019/1326 (6) lists the references of harmonised standards conferring a presumption of conformity with Directive 2014/30/EU. In order to ensure that the references of harmonised standards drafted in support of Directive 2014/30/EU are listed in one act, the references of those standards, together with the references of the relevant amending standards thereto, should be included in that Annex.

(8)

It is therefore necessary to withdraw from the C series of the Official Journal of the European Union the references of the following harmonised standards, together with the references of the relevant amending or correcting standards thereto: EN 55011:2009 as amended by EN 55011:2009/A1:2010, EN 55014-1:2006 as amended by EN 55014-1:2006/A1:2009 and EN 55014-1:2006/A2:2011, EN 55015:2013, EN 55032:2012 as corrected by EN 55032:2012/AC:2013, and EN 62026-2:2013.

(9)

Annex II to Implementing Decision (EU) 2019/1326 lists the references of harmonised standards drafted in support of Directive 2014/30/EU that are withdrawn from the C series of the Official Journal of the European Union. It is therefore appropriate to include those references, together with the references of the relevant amending or correcting standards thereto, in that Annex.

(10)

In order to give manufacturers sufficient time to prepare for application of harmonised standards EN 55011:2016 as amended by EN 55011:2016/A1:2017 and EN 55011:2016/A11:2020, EN 55014-1:2017 as amended by EN 55014-1:2017/A11:2020, EN IEC 55015:2019 as amended by EN IEC 55015:2019/A11:2020, EN 55032:2015 as amended by EN 55032:2015/A11:2020, and EN 62026-2:2013 as amended by EN 62026-2:2013/A1:2019, it is necessary to defer the withdrawal of the references of the following harmonised standards, together with the references of the relevant amending or correcting standards thereto: EN 55011:2009 as amended by EN 55011:2009/A1:2010, EN 55014-1:2006 as amended by EN 55014-1:2006/A1:2009 and EN 55014-1:2006/A2:2011, EN 55015:2013, EN 55032:2012 as corrected by EN 55032:2012/AC:2013, and EN 62026-2:2013.

(11)

Implementing Decision (EU) 2019/1326 should therefore be amended accordingly.

(12)

Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the day of its publication,

(1)

Pursuant to Article 8a(1) of Regulation (EC) No 2533/98, the transmission of confidential statistical information between a member of the European System of Central Banks (ESCB) that collected the information and an authority of the European Statistical System (ESS) may take place provided that this transmission is necessary for the efficient development, production or dissemination, or for increasing the quality, of European statistics within the respective spheres of competence of the ESS and the ESCB and that this necessity has been justified.

(2)

Article 8a of Regulation (EC) No 2533/98 requires further safeguards to be put in place upon exchange of confidential statistical information between the ESCB and the ESS, namely that any further transmission beyond the first transmission must be explicitly authorised by the authority that collected the information and that confidential statistical information may not be used for purposes other than statistical, such as for administrative or tax purposes or legal proceedings.

(3)

Pursuant to Article 20(2) of Regulation (EC) No 223/2009 of the European Parliament and of the Council (2), confidential data obtained exclusively for the production of European statistics are to be used by the Statistical Office of the European Union (Eurostat) exclusively for statistical purposes unless the statistical unit has unambiguously given its consent to use for any other purposes. Moreover, pursuant to Article 20(4) of Regulation (EC) No 223/2009, Eurostat is to take all the necessary regulatory, administrative, technical and organisational measures to ensure the physical and logical protection of confidential data. On this basis, Eurostat has confirmed to the European Central Bank (ECB) that it will ensure the confidentiality of the transmitted statistical information, which shall be used solely for statistical purposes and which shall not be further disclosed. Hence, the Governing Council of the ECB has assessed that Eurostat has the necessary measures in place to safeguard the confidentiality of the confidential statistical information on economic and financial statistics transmitted by the ECB.

(4)

In March 2003 the ECB and Eurostat concluded a Memorandum of Understanding on economic and financial statistics (3) (hereinafter referred to as the ‘MoU on economic and financial statistics’) to provide, inter alia, a framework for the exchange and reproduction of data. Section G of that MoU provides that agreed arrangements for the timely exchange of data will be set out in a Service Level Agreement which also deals with the exchange of confidential statistical data. Accordingly, the Service Level Agreement (SLA) on Data Exchanges (4), set out in Annex 2 to the MoU on economic and financial statistics and concluded in February 2008, describes the respective responsibilities, modalities and means for data exchanges between the Directorate-General Statistics of the ECB and Eurostat. Appendix 1 to that SLA specifically lays down the statistical information to be shared between Eurostat and the ECB. That statistical information includes, but is not limited to: quarterly financial accounts statistics; balance sheet item statistics of monetary financial institutions (MFIs); interest rates statistics of MFIs; and external statistics collected on the basis of Guideline ECB/2013/24 (5), Regulation (EU) No 1071/2013 of the European Central Bank (ECB/2013/33) (6), Regulation (EU) No 1072/2013 of the European Central Bank (ECB/2013/34) (7) and Guideline ECB/2011/23 (8), respectively.

(5)

In order to facilitate the ECB’s decision-making process in relation to decisions on the transmission of confidential economic and financial statistical information to Eurostat for the purposes of the MoU on economic and financial statistics, and decisions on any amendments to the SLA on Data Exchanges that may be needed for the transmission to Eurostat of confidential statistical information, it is necessary to allow delegation of certain decision-making powers, as laid down in this delegation decision. The delegated decision on the transmission of confidential economic and financial statistical information to Eurostat includes information at EU, euro area and national level, as well as national contributions pursuant to ECB legal acts.

(6)

In accordance with Article 12.1 of the Statute of the European System of Central Banks and of the European Central Bank, the Governing Council may decide to delegate certain powers to the Executive Board.

(7)

In accordance with the general principles on delegation as developed and confirmed by the Court of Justice of the European Union, delegation of decision-making powers should be limited, proportionate and based on specified criteria. In light of the conditions set out in Article 8a of Regulation (EC) No 2533/98 that apply for each transmission of confidential statistical information to Eurostat and the limitation of this Decision to transmissions of confidential statistical information for the purposes of the MoU on economic and financial statistics, the delegated decisions to be taken are of technical rather than a political nature which means that the criteria for the delegation should remain relatively general.

(8)

Where criteria for the adoption of a delegated decision are not met, decisions on the transmission of confidential statistical information to Eurostat should be adopted by the Governing Council upon proposal by the Executive Board,

(1)

In accordance with Article 67 TFEU, the Union shall constitute an area of freedom, security and justice, in which the absence of internal border controls for persons shall be ensured. Under the Schengen acquis, internal borders may be crossed at any point without a border check on persons being carried out, irrespective of their nationality. This includes third country nationals lawfully residing in the EU and third country nationals who have legally entered the territory of a Member State, who may move freely within the territories of all other Member States during the period of 90 days in 180 days.

(2)

On 30 January 2020, the Director-General of the World Health Organization (WHO) declared a public health emergency of international concern over the global outbreak of novel coronavirus, which causes Coronavirus disease 2019 (COVID-19). On 11 March 2020, the WHO made the assessment that COVID-19 can be characterised as a pandemic.

(3)

To limit the spread of the virus, the Member States have adopted various measures, some of which have had an impact on the right to move and reside freely within the territory of the Member States, such as restrictions on entry or requirements for cross-border travellers to undergo quarantine. These measure have had, in some cases, an impact on the absence of checks on persons, whatever their nationality, when crossing internal borders within the Schengen area.

(4)

The Council Recommendation (EU) 2020/1475 (1) defines general principles and common criteria, including common thresholds when considering restrictions to free movement in response to the COVID-19 pandemic. It also establishes a common framework as regards possible measures for travellers coming from higher risk areas. It recommends to Member States to coordinate and to communicate to public when restrictive measures are imposed.

(5)

Given that the freedom of movement of persons in the internal market, referred to in Article 26 TFEU, closely coexists with the absence of internal border controls on persons in the Schengen area, referred to in Articles 67 and 77 TFEU, and in order to respect the coherence and the integrity of the Schengen acquis, this Recommendation should ensure that Member States apply the same coordinated approach when applying the Schengen acquis on the absence of checks on persons, irrespective of their nationality, at internal borders.

(6)

Member States should therefore also apply the principles, common criteria and the common framework of measures laid down in the Recommendation (EU) 2020/1475 when ensuring within the Schengen area the absence of checks on persons, whatever their nationality, at internal borders.

(7)

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.

(8)

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 (2); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

(9)

As regards Bulgaria, Croatia, Cyprus and Romania, this Recommendation constitutes a development of the Schengen acquis within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession, Article 4(2) of the 2005 Act of Accession and Article 4(2) of the 2011 Act of Accession.

(10)

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 (3).

(11)

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 (4) read in conjunction with Article 3 of Council Decision 2008/146/EC (5).

(12)

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 (6) read in conjunction with Article 3 of Decision 2011/350/EU (7),