Date: 2021-11-10Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Recommendation (EU) 2021/1945 of 9 November 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 2021/1945, issued on November 9, 2021, amends Recommendation EU 2020/912 regarding temporary restrictions on non-essential travel into the EU. It updates the list of third countries from which travel should not be restricted, removing Singapore and Ukraine. Member States should continue to lift restrictions for countries listed in Annex I in a coordinated manner, effective November 9, 2021.
**Key Points / Main Content:**
* **Amendment of Recommendation EU 2020/912:**
* Council Recommendation EU 2020/912 on temporary travel restrictions to the EU is amended.
* This Recommendation builds upon the Schengen acquis.
* **Revised List of Third Countries (Annex I):**
* Annex I of the Recommendation, listing countries whose residents should not be affected by travel restrictions, is replaced.
* Singapore and Ukraine are removed from the list.
* As of November 9, 2021, Member States should lift travel restrictions for residents of countries, special administrative regions, and entities listed in the updated Annex I.
* The updated Annex I includes: Argentina, Australia, Bahrain, Canada, Chile, Colombia, Jordan, Kuwait, Namibia, New Zealand, Peru, Qatar, Rwanda, Saudi Arabia, South Korea, United Arab Emirates, Uruguay, China, Hong Kong SAR, Macao SAR, and Taiwan (subject to confirmation of reciprocity).
* **Coordination and Review:**
* Member States should continue to lift travel restrictions in a coordinated manner.
* The list of third countries will be reviewed every two weeks.
* **Denmark and Ireland:**
* Denmark is not participating in the adoption of this recommendation.
* Ireland is not participating in the adoption of this recommendation.
* **Schengen Acquis Development:**
* For Iceland, Norway, Switzerland, and Liechtenstein, this Recommendation constitutes a development of the provisions of the Schengen acquis.
**Impact Analysis:**
**Member States:**
* *Impact:* Required to implement the updated recommendations on lifting travel restrictions in a coordinated manner.
* *Action Required:* Update national travel policies and procedures based on the revised Annex I list and continue to coordinate with other Member States.
**EU Agencies and Services:**
* *Impact:* Involved in the review of the list of third countries.
* *Action Required:* Continue close consultation with the Council and Commission and provide updated information.
**Third-Country Residents (Listed in Annex I):**
* *Impact:* Should not be affected by temporary external border restrictions on non-essential travel into the EU.
* *Action Required:* Be aware of the updated list of countries included in Annex I.
**Third-Country Residents (Singapore and Ukraine):**
* *Impact:* May be affected by temporary external border restrictions on non-essential travel into the EU.
* *Action Required:* Be aware of the removal of their country from Annex I.
**Commission:**
* *Impact:* Consulted on the review of the list of third countries.
* *Action Required:* Continue close consultation with the Council and relevant EU agencies and services.
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, and a member state of the European Union, though with certain opt-outs.
Ireland: A country in Northwest Europe, and a member state of the European Union, but not part of the Schengen Area.
Republic of Iceland: A Nordic island country in the North Atlantic. It is associated with the Schengen acquis.
Kingdom of Norway: A Nordic country in Northern Europe. It is associated with the Schengen acquis.
Swiss Confederation: A country situated at the confluence of Western, Central, and Southern Europe. It is associated with the Schengen acquis.
L 397/28 EN Official Journal of the European Union 10.11.2021
RECOMMENDATIONS
COUNCIL RECOMMENDATION (EU) 2021/1945
of 9 November 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 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), (EU) 2021/1085(12), (EU) 2021/1170(13), (EU) 2021/1346(14), (EU)
2021/1459(15), (EU) 2021/1712(16), (EU) 2021/1782(17) and (EU) 2021/1896(18) 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(19)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.
(1) OJ L 208I, 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 165I, 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 255, 16.7.2021, p 3.
(14) OJ L 306, 31.8.2021, p. 4.
(15) OJ L 320, 10.9.2021, p. 1.
(16) OJ L 341, 24.9.2021, p. 1.
(17) OJ L 360, 11.10.2021, p. 128.
(18) OJ L 388, 3.11.2021, p. 1.
(19) OJ L 182, 21.5.2021, p. 1.10.11.2021 EN Official Journal of the European Union L 397/29
(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, Singapore and Ukraine should be removed from the list.
(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
9 November 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 6 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(20); 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(21).
(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(22)read
in conjunction with Article 3 of Council Decision 2008/146/EC(23).
(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(24) read in conjunction with
Article 3 of Decision 2011/350/EU(25).
(20) 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).
(21) OJ L 176, 10.7.1999, p. 31.
(22) OJ L 53, 27.2.2008, p. 52.
(23) 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).
(24) OJ L 160, 18.6.2011, p. 21.
(25) 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).L 397/30 EN Official Journal of the European Union 10.11.2021
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, (EU) 2021/1085, (EU) 2021/1170, (EU) 2021/1346, (EU) 2021/1459, (EU) 2021/1712, (EU)
2021/1782 and (EU) 2021/1896, 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 9 November 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. ARGENTINA
2. AUSTRALIA
3. BAHRAIN
4. CANADA
5. CHILE
6. COLOMBIA
7. JORDAN
8. KUWAIT
9. NAMIBIA
10. NEW ZEALAND
11. PERU
12. QATAR
13. RWANDA
14. SAUDI ARABIA
15. SOUTH KOREA
16. UNITED ARAB EMIRATES
17. URUGUAY
18. CHINA (*)
II. SPECIAL ADMINISTRATIVE REGIONS OF THE PEOPLE'S REPUBLIC OF CHINA
Hong Kong SAR
Macao SAR10.11.2021 EN Official Journal of the European Union L 397/31
III. ENTITIES AND TERRITORIAL AUTHORITIES THAT ARE NOT RECOGNISED AS STATES BY AT LEAST ONE
MEMBER STATE
Taiwan
_____________
(*) subject to confirmation of reciprocity’
Done at Brussels, 9 November 2021.
For the Council
The President
A. ŠIRCELJ