Council Recommendation (EU) 2022/290 of 22 February 2022 amending Council Recommendation (EU) 2020/912 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction

• Published date: 24 February 2022
• Date of Signature: 22 February 2022
• Official Gazette Publication: Official Journal of the European Union, L 043, 24 February 2022
• Subject Matter: Public health,Border checks,Area of freedom, security and justice

24.2.2022 EN Official Journal of the European Union L 43/79

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COUNCIL RECOMMENDATION (EU) 2022/290

of 22 February 2022

amending Council 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), points (b) and (e), and Article 292, first and second sentence thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 30 June 2020, the Council adopted Recommendation (EU) 2020/912 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction (1).

(2) On 2 February 2021, the Council amended Recommendation (EU) 2020/912 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction (2) to update the criteria used to assess whether non-essential travel from third countries is safe and should be allowed.

(3) The same amendment introduced mechanisms to contain the spread of variants of concern of the virus SARS-COV-2 in the EU (3).

(4) On 20 May 2021, the Council amended Recommendation (EU) 2020/912 (4) to take into account the roll-out and the positive effects of the vaccination campaigns in containing the spread of the virus, as well as in order to further contain the importation and spread into the EU of the emerging variants of interest and of concern.

(5) On 14 June 2021, the Parliament and the Council adopted Regulations (EU) 2021/953 (5) and (EU) 2021/954 (6) on EU Digital COVID Certificate. The EU Digital COVID Certificate has proved to be a fundamental tool to help restore travel within the EU.

(6) Since the adoption of Regulation (EU) 2021/953, the Commission has adopted several implementing acts establishing that COVID-19 certificates issued by a certain third country are to be considered as equivalent to certificates issued by Member States in accordance with that Regulation. Vaccination, recovery and test certificates covered by such implementing acts can thus be securely and reliable authenticated. Therefore, the EU Digital COVID Certificate, and in particular the implementing decisions adopted on this basis, have also facilitated the safe reopening of travel from third countries to the EU (7).

(7) The current approach set out in Recommendation (EU) 2020/912 should be updated to take account of the establishment of the EU Digital COVID certificate as well as considering the evolution of the pandemic, including the emergence of the omicron variant of concern, the increasing vaccination uptake and the progressive lifting of travel restrictions worldwide.

(8) On 22 October 2021, the European Council in its conclusions, in light of the development of the epidemiological situation, called for further coordination to facilitate free movement within, and travel into, the EU, and for a revision of the two Recommendations, including Council Recommendation (EU) 2020/912.

(9) The standard acceptance period for vaccination certificates issued by third countries following the completion of a primary vaccination series should be set at 270 days. To ensure a coordinated approach, Member States should not accept vaccination certificates issued following the completion of the primary vaccination series if more than 270 days have passed since the administration of the dose indicated therein. In this case, Member States should accept vaccination certificates indicating that an additional dose has been received following the completion of the primary vaccination series.

(10) To further facilitate safe travel into the EU, the threshold for the 14-days cumulative COVID-19 case notification rate should be increased from 75 to 100 per 100 000 inhabitants. At the same time and to take account of the enhanced testing capabilities almost 2 years after the first appearance of the virus, the required minimum weekly testing rate should also be increased from 300 to 600 tests per 100 000 inhabitants. This should further increase the reliability of the data used to determine to what extent non-essential travel should be possible from a given third country.

(11) To better allow for non-essential travel into the Union and to increase predictability for third-country travellers, Member States should not only accept COVID-19 vaccines that have been granted a marketing authorisation pursuant to Regulation (EC) No 726/2004 of the European Parliament and of the Council (8) but also those having completed the emergency listing procedure of the World Health Organisation (WHO).

(12) Furthermore, as alternative to vaccination, Member States should allow non-essential travel to persons having recovered from COVID-19 within 180 days prior to travelling to the EU and who hold an EU Digital COVID certificate or one having been recognised as equivalent to it.

(13) At the same time, to further reduce the risk of transmission of the SARS-CoV-2 virus, Member States could also require a valid proof of a negative real-time polymerase chain reaction (RT-PCR) test before departure when the traveller has either (i) received a COVID-19 vaccine having completed the WHO Emergency Use Listing process but that does not appear on the list of vaccines authorised in the EU pursuant to Regulation (EC) No 726/2004 or (ii) recovered from COVID-19 within 180 days prior to travelling to the EU.

(13a) Due to the fact that it may not be possible to verify the authenticity, integrity and validity of the vaccination certificates issued by third countries not using the trust framework of the EU Digital COVID Certificate or a vaccination certificate having been recognised as equivalent to it, Member States could also require a valid proof of a negative RT-PCR test before departure where the traveller is fully vaccinated with a COVID-19 vaccine that has been granted a marketing authorisation pursuant to Regulation (EC) No 726/2004 but is not in possession of an EU Digital COVID Certificate or one having been recognised as equivalent to it.

(14) Children above the age of 6 and under the age of 18 should be able to travel under the condition of having tested negative to a RT-PCR test before departure. In these cases, Member States could require additional testing after arrival, quarantine or self-isolation. Where children above the age of 6 and under the age of 18 are in possession of a valid proof of COVID-19 vaccination issued on the basis of a COVID-19 vaccine authorised in the EU pursuant to Regulation (EC) No 726/2004 no test should be required. Children under the age of 6 travelling with an adult should not be subject to additional requirements.

(14a) Member States could allow non-essential travel to persons for whom accepted COVID-19 vaccination is medically contraindicated provided these persons have submitted the necessary documentation

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