(English version) Question for written answer E-003511/20 to the Commission Rasmus Andresen (Verts/ALE), (Verts/ALE), (Verts/ALE) (11 June 2020)

Subject: Danish Government’s border opening measures

On 29 May 2020, Danish Prime Minister Mette Frederiksen announced the opening of Denmark’s borders for German, Norwegian and Icelandic nationals who had booked stays of at least six nights (outside the capital, Copenhagen).

Denmark’s Minister of Justice Nick Hækkerup has since announced that the border for people living in the Bundesland of Schleswig- Holstein was being opened unconditionally.

However, Ylva Johansson, Commissioner for Home Affairs, stated in the Committee on Civil Liberties, Justice and Home Affairs that there must be no discrimination when border controls are lifted and that borders must not be opened selectively for nationals of just a few countries.

1. Does the Commission consider the situation whereby the border is opened unconditionally only for people living in Schleswig- Holstein — when the epidemiological situation in other parts of and other Schengen Area countries is under control to a comparable degree — to be compatible with the Schengen Borders Code?

2. Is it possible under EC law to make entry to a country dependent on one particular reason for a visitor’s stay (for example, holiday) and on their staying at least six days?

3. What action will the Commission take to ensure that Denmark complies with the Schengen Borders Code and to prevent nationals from Schengen Area countries other than Germany, Iceland and Norway from being discriminated against by a continuing ban on their entering Denmark?

Answer given by Mr Reynders on behalf of the European Commission (1 September 2020)

In response to the COVID-19 pandemic, several Member States have introduced internal border controls and restrictions to freedom of movement.

The Commission has worked closely with Member States to ensure a gradual return to borderless free movement within the EU and Schengen area.

On 13 May 2020, the Commission proposed a phased and coordinated approach for restoring freedom of movement and lifting internal borders controls that would start by lifting restrictions between Member States with sufficiently similar epidemiological situations (1). As Member States manage to reduce the circulation of the virus, travel restrictions should be replaced by more targeted measures. The respect of the principles of proportionality and non-discrimination are of particular importance.

Some Member States still have certain restrictions to free movement, Denmark being one of them. Denmark assesses these restrictions on a weekly basis, taking into account the epidemiological situation in the country. Denmark has also reintroduced certain internal border controls.

The approach towards lifting restrictions must be flexible, including the possibility to reintroduce certain measures if the epidemiological situation requires (2). Restrictions to free movement should only be used where strictly necessary and be coordinated, proportionate and non-discriminatory to address public health risks.

The Commission continues to monitor the situation. If necessary, it reaches out to individual Member States to obtain further information.

|(⋅1∙|) C(2020) 3250 final, 13.5.2020: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52020DC0399 |(⋅2∙|) C(2020) 3250 final, 13.5.2020.