Recommendation 2021/961 - Amendment of Recommendation (EU) 2020/1475 on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic - Main contents
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official title
Council Recommendation (EU) 2021/961 of 14 June 2021 amending Recommendation (EU) 2020/1475 on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic| Legal instrument | Recommendation |
|---|---|
| Number legal act | Recommendation 2021/961 |
| Original proposal | COM(2021)294  |
| CELEX number i | 32021H0961 |
| Document | 14-06-2021; Date of adoption |
|---|---|
| Publication in Official Journal | 16-06-2021; OJ L 213I , 16.6.2021, p. 1–11 |
16.6.2021 |
EN |
Official Journal of the European Union |
LI 213/1 |
COUNCIL RECOMMENDATION (EU) 2021/961
of 14 June 2021
amending Recommendation (EU) 2020/1475 on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic
(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 21(2), Article 168(6) and Article 292, first and second sentence thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
On 13 October 2020, 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). Recommendation (EU) 2020/1475 established a coordinated approach on the following key points: the application of common criteria and thresholds when deciding whether to introduce restrictions to free movement, a mapping of the risk of COVID-19 transmission based on an agreed colour code, and a coordinated approach as to the measures, if any, which may appropriately be applied to persons moving between areas, depending on the level of risk of transmission in those areas. |
(2) |
Using the criteria and thresholds established in Recommendation (EU) 2020/1475, the European Centre for Disease Prevention and Control has been publishing, once a week, a map of Member States, broken down by regions, in order to support Member States’ decision-making (2). |
(3) |
As provided for in recital 15 of Recommendation (EU) 2020/1475, the Commission, supported by the European Centre for Disease Prevention and Control, should, in view of the evolving epidemiological situation, regularly assess the criteria, data needs and thresholds outlined in this Recommendation, including whether other criteria should be considered or the thresholds adapted, and transmit its findings to the Council for its consideration, together with a proposal to amend the Recommendation. |
(4) |
Following such a proposal from the Commission, the Council adopted, on 1 February 2021, Recommendation (EU) 2021/119 amending Recommendation (EU) 2020/1475 on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic (3) in view of a very high level of community transmission across the Union, possibly linked to the increased transmissibility of the new SARS-CoV-2 variants of concern. |
(5) |
Member States may, in accordance with Union law, limit the fundamental right of free movement on grounds of public health. Any restrictions to the free movement of persons within the Union that are put in place to limit the spread of SARS-CoV-2 should be based on specific and limited public interest grounds, namely the protection of public health. It is necessary for such limitations to be applied in accordance with the general principles of Union law, in particular proportionality and non-discrimination. Any measures taken should therefore be strictly limited in scope and time, in line with the efforts to restore free movement within the Union, and should not extend beyond what is strictly necessary to safeguard public health. Furthermore, such measures should be consistent with measures taken by the Union to ensure the seamless free movement of goods and essential services across the internal market, including the free movement of medical supplies and medical and healthcare personnel through the ‘green lane’ border crossings referred to in the Commission communication of 23 March 2020 on the implementation of the Green Lanes under the Guidelines for border management measures to protect health and ensure the availability of goods and essential services (4). |
(6) |
To facilitate the exercise of the right to move and reside freely within the territory of the Member States,... |
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