Date: 2021-07-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Recommendation (EU) 2021/1170 of 15 July 2021 amending Recommendation (EU) 2020/912 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction
Executive Summary:
This Council Recommendation EU 2021/1170, issued on July 15, 2021, amends Recommendation EU 2020/912 regarding temporary travel restrictions into the EU. It updates the list of third countries from which non-essential travel should be gradually permitted, effective July 15, 2021. Rwanda and Thailand are removed from Annex I, while Ukraine is added.
Key Points / Main Content:
* **Amendment of Travel Restrictions:**
* Recommendation EU 2020/912 is amended concerning non-essential travel restrictions into the EU.
* As of July 15, 2021, Member States should continue to gradually lift these restrictions in a coordinated manner.
* **Updated List of Third Countries (Annex I):**
* Rwanda and Thailand are removed from the list of countries whose residents should not be affected by travel restrictions.
* Ukraine is added to the list of countries whose residents should not be affected by travel restrictions.
* The updated Annex I includes a list of countries, special administrative regions, and entities/territorial authorities.
* **Schengen Area Considerations:**
* Coordinated measures at external borders are essential for the functioning of the Schengen area.
* **Country-Specific Applicability:**
* Denmark is not bound by this Recommendation but will decide on implementation within six months.
* Ireland is not participating in the adoption of this Recommendation and is not bound by it.
* The Recommendation constitutes a development of the Schengen acquis for Iceland, Norway, Switzerland, and Liechtenstein.
Impact Analysis:
* **Member States:**
* Impact: Required to gradually lift travel restrictions for residents of countries listed in Annex I in a coordinated manner from July 15, 2021.
* Action Required: Implement the updated list of countries for permitted non-essential travel into the EU. Ensure coordinated measures at external borders.
* **EU Border Control Agencies:**
* Impact: Need to be aware of the changes to permitted countries of entry into the EU.
* Action Required: Enforce the updated travel guidelines and procedures.
* **Residents of Third Countries (Listed in Annex I):**
* Impact: Residents of Ukraine will now be permitted non-essential travel to the EU. Residents of Rwanda and Thailand will no longer be permitted.
* Action Required: Comply with any testing or vaccine requirements for entry.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Council of the European Union: A body of the European Union composed of government ministers from each member state.
Schengen Area: An area comprising 26 European countries that have officially abolished all passport and any other type of border control at their mutual borders.
Denmark: A Nordic country in Northern Europe.
Ireland: A country in north-western Europe consisting of the island of Ireland.
Ukraine: A country in Eastern Europe.
Rwanda: A country in Central Africa.
Thailand: A country in Southeast Asia.
16.7.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 255/3
RECOMMENDATIONS
COUNCIL RECOMMENDATION (EU) 2021/1170
of 15 July 2021
amending Recommendation (EU) 2020/912 on the temporary restriction on non-essential travel into
the EU and the possible lifting of such restriction
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article Article 77 (2) (b) and (e)
and Article 292, first and second sentence thereof,
Whereas:
(1) On 30 June 2020, the Council adopted a Recommendation on the temporary restriction on non-essential travel into
the EU and the possible lifting of such restriction(1)("Council Recommendation").
(2) Since then, the Council adopted Recommendations (EU) 2020/1052(2), (EU) 2020/1144(3), (EU) 2020/1186(4),
(EU) 2020/1551(5), (EU) 2020/2169(6), (EU) 2021/89(7), (EU) 2021/132(8), (EU) 2021/767(9), (EU)
2021/892(10), (EU) 2021/992(11)and (EU) 2021/1085(12)amending Council Recommendation (EU) 2020/912 on
the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction.
(3) On 20 May 2021, the Council adopted Recommendation 2021/816 amending Council Recommendation
(EU) 2020/912 on the temporary restriction on non-essential travel into the EU and the possible lifting of such
restriction(13)in order to update the criteria used to assess whether non-essential travel from third countries is safe
and should be allowed.
(4) The Council Recommendation provides that Member States should gradually lift the temporary restriction on non-
essential travel to the EU as from 1 July 2020 in a coordinated manner with regard to the residents of the third
countries listed in Annex I to the Council Recommendation. 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 the Council Recommendation.
(5) Discussions have since then taken place within the Council, in close consultation with the Commission and the
relevant EU agencies and services, on the review of the list of third countries set out in Annex I to the Council
Recommendation and in application of the criteria and methodology laid down in the Council Recommendation, as
amended by Recommendation 2021/816. As a result of these discussions, the list of third countries set out in Annex
I should be amended. In particular, Rwanda and Thailand should be removed from the list and Ukraine should be
added to the list.
(1) OJ L 208 I, 1.7.2020, p. 1.
(2) OJ L 230, 17.7.2020, p. 26.
(3) OJ L 248, 31.7.2020, p. 26.
(4) OJ L 261, 11.8.2020, p. 83.
(5) OJ L 354, 26.10.2020, p. 19.
(6) OJ L 431, 21.12.2020, p. 75.
(7) OJ L 33, 29.1.2021, p. 1.
(8) OJ L 41, 4.2.2021, p. 1.
(9) OJ L 165 I, 11.5.2021, p. 66.
(10) OJ L 198, 4.6.2021, p. 1.
(11) OJ L 221, 21.6.2021, p. 12.
(12) OJ L 235, 2.7.2021, p. 27.
(13) OJ L 182, 21.5.2021, p. 1.L 255/4 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 16.7.2021
(6) Border control is in the interest not only of the Member State at whose external borders it is carried out but of all
Member States which have abolished internal border control. Member States should therefore ensure that measures
taken at the external borders are coordinated in order to ensure a well functioning Schengen area. To that end, as of
15 July 2021, Member States should continue lifting the temporary restriction on non-essential travel into the EU in
a coordinated manner with regard to the residents of the third countries, Special Administrative Regions and other
entities and territorial authorities listed in Annex I of the Council Recommendation as amended by this
Recommendation.
(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(14); Ireland is therefore not taking part in its adoption
and is not bound by it or subject to its application.
(9) 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(15).
(10) 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(16)read
in conjunction with Article 3 of Council Decision 2008/146/EC(17).
(11) 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(18)read in conjunction with Article 3
of Decision 2011/350/EU(19),
(14) Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the
Schengen acquis (OJ L 64, 7.3.2002, p. 20).
(15) OJ L 176, 10.7.1999, p. 31.
(16) OJ L 53, 27.2.2008, p. 52.
(17) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, 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 (OJ L 53, 27.2.2008, p. 1).
(18) OJ L 160, 18.6.2011, p. 21.
(19) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 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, relating to
the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).16.7.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 255/5
HAS ADOPTED THIS RECOMMENDATION:
Council Recommendation (EU) 2020/912, as amended by Recommendations (EU) 2020/1052, (EU) 2020/1144, (EU)
2020/1186, (EU) 2020/1551, (EU) 2020/2169, (EU) 2021/89, (EU) 2021/132, (EU) 2021/767, (EU) 2021/816, (EU)
2021/892, (EU) 2021/992 and (EU) 2021/1085, on the temporary restriction on non-essential travel into the EU and the
possible lifting of such restriction is amended as follows:
(1) First paragraph of point 1 of the Council Recommendation is replaced by the following:
‘1. As from 15 July 2021, 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.’
(2) Annex I to the Recommendation is replaced by the following:
‘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
1. ALBANIA
2. ARMENIA
3. AUSTRALIA
4. AZERBAIJAN
5. BOSNIA AND HERZEGOVINA
6. BRUNEI DARUSSALAM
7. CANADA
8. ISRAEL
9. JAPAN
10. JORDAN
11. LEBANON
12. MONTENEGRO
13. NEW ZEALAND
14. QATAR
15. REPUBLIC OF MOLDOVA
16. REPUBLIC OF NORTH MACEDONIA
17. SAUDI ARABIA
18. SERBIA
19. SINGAPORE
20. SOUTH KOREA
21. UKRAINE
22. UNITED STATES OF AMERICA
23. CHINA (*)
II. SPECIAL ADMINISTRATIVE REGIONS OF THE PEOPLE'S REPUBLIC OF CHINA
Hong Kong SAR
Macao SARL 255/6 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 16.7.2021
III. ENTITIES AND TERRITORIAL AUTHORITIES THAT ARE NOT RECOGNISED AS STATES BY AT LEAST ONE
MEMBER STATE
Kosovo *
Taiwan
_____________
(*) subject to confirmation of reciprocity
* This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ
Opinion on the Kosovo declaration of independence.’
Done at Brussels, 15 July 2021.
For the Council
The President
G. DOVŽAN