EC: Proposal for more clarity and predictability of measures restricting free movement in the European Union
The Commission has adopted a proposal for a Council Recommendation to ensure that any measures taken by Member States that restrict free movement due to the coronavirus pandemic are coordinated and clearly communicated at the EU level.
The Commission’s proposal sets out four key areas where Member States should work closer together:
- Common criteria and thresholds for Member States when deciding whether to introduce travel restrictions;
- Mapping of common criteria using an agreed colour code;
- A common framework for measures applied to travellers from high-risk areas;
- Clear and timely information to the public about any restrictions
Background
Common criteria
There is currently a wide discrepancy between national criteria for introducing measures that restrict free movement in the European Union. The Commission is proposing that each Member State takes into account the following criteria when putting in place any restrictive measures:
- The total number of newly notified COVID-19 cases per 100 000 people in a given area in a 14-day period;
- The percentage of positive tests from all COVID-19 tests carried out in given area during a seven-day period;
- The number of COVID-19 tests carried out per 100 000 people in a given area during a seven-day period.
Member States should provide this data on a weekly basis to the European Centre for Disease Prevention and Control. Member States should also provide this data at the regional level to ensure that any measures can be targeted to those regions where they are strictly necessary.
On the basis that the Member State of departure has a weekly testing rate of more than 250 per 100 000 people, the Commission is proposing that Member States should not restrict free movement of people travelling from another Member State where:
- The total number of newly notified COVID-19 cases in a given area is equal to less than 50 per 100 000 people during a 14-day period, OR,
- The percentage of positive tests from all COVID-19 tests in a given area is less than 3%.
A common colour code
Based on the data provided by Member States, the Commission proposes that the European Centre for Disease Prevention and Control publishes a map of EU and EEA countries, updated weekly, with a common colour code to support Member States and travellers. The Commission proposes the following:
- Green for an area where the total number of newly notified COVID-19 cases is less than 25 during a 14-day period AND the percentage of positive tests from all COVID-19 tests is less than 3%;
- Orange for an area where the total number of newly notified COVID-19 cases is less than 50 during a 14-day period BUT the percentage of positive tests from all COVID-19 tests is 3% or more OR the total number of newly notified COVID-19 cases is between 25 and 150 BUT the percentage of positive tests from all COVID-19 tests is less than 3%;
- Red for an area where the total number of newly notified COVID-19 cases is more than 50 during a 14-day period AND the percentage of positive tests from all COVID-19 tests is 3% or more OR the total number of newly notified COVID-19 cases is more than 150 per 100 000 people during a 14-day period;
- Grey if there is insufficient information available to assess the criteria proposed by the Commission OR the number of COVID-19 tests carried out per 100 000 people is less than 250.
A common approach for travellers from high-risk areas
The Commission proposes a common approach amongst Member States when dealing with travellers coming from ‘high-risk’ zones. Member States should not refuse the entry of persons travelling from other Member States. Member States that introduce restrictions to free movement based on their own decision-making processes, could require:
- persons travelling from an area classified as ‘red’ or ‘grey’ to either undergo quarantine OR undergo a COVID-19 test after arrival – COVID-19 testing being the preferred option;*
Where justified, Member States could consider recommending that persons travelling from an area classified as ‘orange’ undergo at least a COVID-19 test prior to departure or upon arrival. Member States could require persons arriving from an area classified as ‘red’, ‘orange’ or ‘grey’ to submit passenger locator forms, notably those arriving by airplane, in accordance with data protection requirements. Travellers with an essential function or need – such as workers exercising critical occupations, frontier and posted workers, students or journalists performing their duties – should not be required to undergo quarantine.
Source: European Commission
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In: CLEPA News