Council Recommendation (EU) 2022/108 of 25 January 2022 amending Recommendation (EU) 2020/1632 as regards a coordinated approach to facilitate safe travel during the COVID-19 pandemic in the Schengen area (Text with EEA relevance)

• Published date: 27 January 2022
• Subject Matter: Free movement of persons,Public health
• Official Gazette Publication: Official Journal of the European Union, L 018, 27 January 2022

27.1.2022 EN Official Journal of the European Union L 18/124

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COUNCIL RECOMMENDATION (EU) 2022/108

of 25 January 2022

amending Recommendation (EU) 2020/1632 as regards a coordinated approach to facilitate safe travel during the COVID-19 pandemic in the Schengen area

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(c) and (e) and Article 292, first and second sentence thereof,

Having regard to the proposal from the European Commission,

Whereas:

(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 and who may travel freely within the territories of all other Member States for up to 90 days in any 180-day period.

(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 SARS-Cov-2 virus, the Member States have adopted various measures, some of which have had an impact on the right to reside and travel freely within the territory of the Member States, including for third-country nationals legally staying or residing on a Member State territory, such as restrictions on entry or requirements for cross-border travellers to undergo quarantine. These measures have had a detrimental and disproportionate impact due to checks on persons, whatever their nationality, when crossing internal borders within the Schengen area.

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

(5) Council Recommendation (EU) 2020/1632 (2) recommends that the general principles, common criteria, common thresholds and common framework of measures, including recommendations on coordination and communication as laid down in Recommendation (EU) 2020/1475 should also be applied with respect to travel within the area without controls at internal borders.

(6) In order to take account of developments in the evolution of the COVID-19 pandemic since the adoption of

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