REU, Alm.del - 2020-21 - Endeligt svar på spørgsmål 710: Spm. om ministeren vil oversende henvendelsen fra EU-Kommissionen vedrørende de indførte rejserestriktioner, som den danske regering ligesom fem andre medlemslande har 10 dage til at besvare, til justitsministeren

Retsudvalget 2020-21
REU Alm.del
Offentligt

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

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

, as amended by the Council on 1 February 2021

(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

. 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

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

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

REU, Alm.del - 2020-21 - Endeligt svar på spørgsmål 710: Spm. om ministeren vil oversende henvendelsen fra EU-Kommissionen vedrørende de indførte rejserestriktioner, som den danske regering ligesom fem andre medlemslande har 10 dage til at besvare, til justitsministeren

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

. 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

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

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

Electronically signed on 22/02/2021 11:40 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482