EU COUNCIL ADOPTS NEW EC RECOMMENDATION IN RESPONSE TO THE COVID-19 PANDEMIC
November 9, 2020
On October 13, 2020, the Council of the European Union adopted a new recommendation from the European Commission (EC) on the restriction of free movement by EU member states in response to the COVID-19 pandemic. Under the adopted recommendations, every week member states provide the European Centre for Disease Prevention and Control (ECDC) with the data available on the following criteria:
- number of newly notified cases per 100 000 population in the last 14 days
- number of tests per 100 000 population carried out in the last week (testing rate)
- percentage of positive tests carried out in the last week (test positivity rate)
Based on this data, the ECDC then publishes a weekly map of EU member states, broken down by regions, or common maps, to support member states in their decision-making. On the basis of these “common maps”, the member states can then decide whether to introduce certain restrictions, such as quarantines or tests, on travelers coming from other areas. It should be noted that member states have agreed that there will be no restrictions on travelers coming from what have been deemed to be ‘green’ regions. Additionally, member states have agreed that persons travelling from an area classified other than ‘green’ could be asked to undergo quarantine and/or undergo a test for COVID-19 infection after arrival. Each member state would be free to decide on restrictions applicable to each colored region.
Additionally, on October 28, 2020, the EC published a number of documents related to the EU response measures to the resurgence of the pandemic with regard to transportation:
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The EC’s “Communication on additional COVID-19 response measures” set out the next steps in key areas to reinforce the EU’s response to the pandemic, which included: (1) Improving the flow of information to allow informed decision-making; (2) Establishing more effective and rapid testing (see recommendation presented below); (3) Making full use of contact tracing and warning apps across borders; (4) Effective vaccination; (5) Effective communication to citizens; (6) Securing essential supplies; and (7) Facilitating safe travel.
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The EC’s “Recommendation on COVID-19 testing strategies, including the use of rapid antigen tests” included recommendations that EU Member States urgently create a framework for evaluation, approval and mutual recognition of rapid tests and mutual recognition of tests results.
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The EC’s “Guidance on persons exempted from the temporary restriction on non-essential travel to the EU as regards the implementation of Council Recommendation 2020/912 of 30 June” provided additional guidance on the categories of third country persons whose travel is considered essential and who are therefore exempted from restrictions, specifically with regard to transport personnel, passengers in transit through the EU, and passengers travelling for imperative family reasons.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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