Det Udenrigspolitiske Nævn 2020-21
UPN Alm.del Bilag 164
Offentligt
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Ref. Ares(2021)1400836 - 22/02/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL JUSTICE AND CONSUMERS
The acting Director-General
Brussels
JUST.D.3/JS/just.dgdir(2021)1523734
Dear Ambassador,
I am writing to follow up on the letter of 16 February 2021 sent by Commissioners
Johansson and Reynders to all Member States on the coordination of COVID-19 travel
restrictions
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.
In the letter, the Commissioners underscored the urgent need for more coherence in the
approaches taken by Members States on this matter. As far as restrictions on movement
within the EU are concerned, this coherence is best ensured through a consistent
implementation of the framework established by Council Recommendation (EU)
2020/1475
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, as amended by the Council on 1 February 2021
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(the ‘Council
Recommendation’).
The Council Recommendation allows Member States the necessary
flexibility to take the measures deemed necessary taking into account the specific
epidemiological situation and national strategies. At the same time, it aims to preserve
free movement within the EU, even if subject to restrictions such as testing and
quarantine.
In this context, I would like to raise a number of points in relation to the measures
introduced by Denmark.
EU citizens who are neither Danish nationals, residents in Denmark or travelling for
essential functions or needs (persons travelling for a ‘worthy purpose’) are currently not
permitted to enter Denmark
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. This entry ban applies for an indefinite period.
Bans on non-essential
travel to and from a Member State restrict EU citizens’
fundamental right of free movement as provided in Article 21 of the Treaty on the
Functioning of the European Union. Restrictions on the freedom of movement may be
justified based on public health grounds. Nevertheless, in order to be compatible with
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Our reference: Ares(2021)1293588.
Council Recommendation (EU) 2020/1475 of 13 October 2020 on a coordinated approach to the
restriction of free movement in response to the COVID-19 pandemic, OJ L 337, 14.10.2020, p. 3.
Council Recommendation (EU) 2021/119 of 1 February 2021 amending Recommendation (EU)
2020/1475 on a coordinated approach to the restriction of free movement in response to the COVID-19
pandemic, OJ L 36I, 2.2.2021, p. 1.
https://en.coronasmitte.dk/rules-and-regulations/entry-into-denmark
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His Excellency Mr Jonas BERING LIISBERG
Permanent Representative of Denmark to the European Union
Permanent Representation of Denmark
1040 Bruxelles/Brussel
[email protected]
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
 UPN, Alm.del - 2020-21 - Bilag 164: Svar på spørgsmål vedr. indførte rejserestriktioner
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Union law, any such measures must be non-discriminatory and comply with the principle
of proportionality.
A measure is proportionate when, while appropriate for securing the attainment of the
objective pursued, it does not go beyond what is necessary in order to attain it
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. In the
case of the travel ban imposed by Denmark, the Commission considers that less
restrictive measures would be available to the authorities to attain the objective of
protecting public health. In line with the Council Recommendation, Denmark could
apply other measures, such as quarantine or testing requirements, on non-essential
travellers arriving from ‘orange’, ‘red’, and, in particular, ‘dark red’ areas.
In view of the above, we invite the Danish authorities to align the national measures
taken with the provisions of the Council Recommendation, notably by phasing out the
ban on non-essential travel and replacing it by more targeted measures such as quarantine
and testing.
As noted in the Commissioners’ letter, the best way to increase coherence
among Member States is to use the map published weekly by the European Centre for
Disease Prevention and Control
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as the main element for national decision-making
processes, combined with additional criteria such as the prevalence of certain variants.
I would be grateful if you could provide me with a reply to this letter within 10 working
days.
I would like to assure you that the Commission will continue to work closely with you, in
a spirit of sincere cooperation, to address the common challenges posed by the COVID-
19 pandemic. Let me also take this opportunity to wish you and those dear to you the best
of health during these difficult times.
Yours faithfully,
Electronically signed
Salla SAASTAMOINEN
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Judgment of 18 July 2006,
De Cuyper,
C-406/04, EU:C:2006:491, paragraph 42.
https://www.ecdc.europa.eu/en/covid-19/situation-updates/weekly-maps-coordinated-restriction-free-
movement
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Electronically signed on 22/02/2021 11:40 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482