Date: 2021-06-21Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Recommendation (EU) 2021/992 of 18 June 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 amends Recommendation EU 2020/912 regarding temporary restrictions on non-essential travel into the EU and the potential lifting of such restrictions. It updates the list of third countries from which non-essential travel should be gradually permitted, effective June 18, 2021, and removes the requirement of reciprocity for Hong Kong and Macao. The Council is responsible for reviewing and updating the list of third countries every two weeks.
Key Points / Main Content:
* **Amendment of Recommendation EU 2020/912:**
* Council Recommendation EU 2020/912 is amended concerning temporary restrictions on non-essential travel into the EU.
* This recommendation builds upon the Schengen acquis.
* **Updated List of Third Countries (Annex I):**
* As of June 18, 2021, Member States should gradually lift restrictions for residents of countries listed in Annex I in a coordinated manner.
* Albania, Lebanon, Republic of North Macedonia, Serbia, and the United States of America are added to the list of countries in Annex I.
* Taiwan is added to Annex I under entities/territorial authorities not recognised as states by at least one member state.
* **Special Administrative Regions:**
* Non-essential travel from Hong Kong and Macao is permitted without requiring reciprocity.
* **Border Control and Coordination:**
* Member States should coordinate measures at external borders to ensure the proper functioning of the Schengen area.
* **Denmark, Ireland, Iceland, Norway, Switzerland, and Liechtenstein:**
* Denmark is not participating in the adoption of this recommendation.
* Ireland is not participating in the adoption of this recommendation.
* The Recommendation constitutes a development of the provisions of the Schengen acquis for Iceland, Norway, Switzerland and Liechtenstein.
* **Review Process:**
* The list of third countries in Annex I will be reviewed and potentially updated by the Council every two weeks.
Impact Analysis:
Member States:
Impact: Required to gradually lift temporary restrictions on non-essential travel from countries listed in Annex I, as well as coordinate border control measures.
Action Required: Implement the changes to travel restrictions as of June 18, 2021, in a coordinated manner, and continue to review the list of third countries every two weeks.
EU Agencies and Services:
Impact: Involved in close consultation with the Council and Commission regarding the review of the list of third countries.
Action Required: Provide input and expertise for the bi-weekly review of the list of third countries in Annex I.
Third-Country Residents (listed in Annex I):
Impact: Residents from countries now listed in Annex I are permitted for non-essential travel into the EU.
Action Required: Ensure compliance with any specific entry requirements set by individual Member States.
Key Entities Referenced
European Union: The political and economic union of European member states which is the primary entity issuing the recommendation.
Council of the European Union: The council of the European Union that adopted the recommendation.
Schengen area: A zone in which 26 European countries abolished their internal borders for the free and unrestricted movement of people, in harmony with common rules for controlling external borders and fighting crime by strengthening the common judicial system and police cooperation.
Recommendation EU 2020/912: The original Council Recommendation on the temporary restriction on nonessential travel into the EU and the possible lifting of such restriction.
Albania: A country added to the list of third countries whose residents should not be affected by temporary external borders restriction on nonessential travel into the EU.
United States of America: A country added to the list of third countries whose residents should not be affected by temporary external borders restriction on nonessential travel into the EU.
Taiwan: An entity and territorial authority not recognised as a state by at least one Member State, added to the list of entities whose residents should not be affected by temporary external borders restriction on nonessential travel into the EU, subject to confirmation of reciprocity.
Hong Kong SAR: A Special Administrative Region of the People's Republic of China. Nonessential travel should now be possible without the requirement of reciprocity.
L 221/12 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 21.6.2021
II
(Non-legislative acts)
RECOMMENDATIONS
COUNCIL RECOMMENDATION (EU) 2021/992
of 18 June 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) and (EU)
2021/892(10) 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 (EU) 2021/816 amending Recommendation
(EU) 2020/912 on the temporary restriction on non-essential travel into the EU and the possible lifting of such
restriction(11)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 (EU) 2021/816. As a result of these discussions, the list of third countries set out in
(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 182, 21.5.2021, p. 1.21.6.2021 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 221/13
Annex I should be amended. In particular, Albania, Lebanon, Republic of North Macedonia, Serbia and United States
of America should be added to the list, as well as Taiwan, under the category of entities and territorial authorities that
are not recognised as states by at least one Memeber State. As regards Hong Kong and Macao, non-essential travel
should now be possible without the requirement of reciprocity.
(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
18 June 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(12); 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(13).
(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(14)read
in conjunction with Article 3 of Council Decision 2008/146/EC(15).
(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(16)read in conjunction with Article 3
of Decision 2011/350/EU(17),
(12) 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).
(13) OJ L 176, 10.7.1999, p. 31.
(14) OJ L 53, 27.2.2008, p. 52.
(15) 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).
(16) OJ L 160, 18.6.2011, p. 21.
(17) 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 221/14 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 21.6.2021
HAS ADOPTED THIS RECOMMENDATION:
Recommendation (EU) 2020/912, as amended by Recommendation (EU) 2020/1052, by Recommendation (EU)
2020/1144, by Recommendation (EU) 2020/1186, by Recommendation (EU) 2020/1551, by Recommendation (EU)
2020/2169, by Recommendation (EU) 2021/89, by Recommendation (EU) 2021/132, by Recommendation (EU)
2021/767, by Recommendation (EU) 2021/816 and by Recommendation (EU) 2021/892 on the temporary restriction on
non-essential travel into the EU and the possible lifting of such restriction is amended as follows:
(1) The first paragraph of point 1 of the Council Recommendation is replaced by the following:
1. As from 18 June 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. AUSTRALIA
3. ISRAEL
4. JAPAN
5. LEBANON
6. NEW ZEALAND
7. REPUBLIC OF NORTH MACEDONIA
8. RWANDA
9. SERBIA
10. SINGAPORE
11. SOUTH KOREA
12. THAILAND
13. UNITED STATES OF AMERICA
14. CHINA (*)
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
_____________
(*) subject to confirmation of reciprocity’
Done at Brussels, 18 June 2021.
For the Council
The President
J. LEÃO