The Commission published on Wednesday 28 October an interpretative communication on non-Member State citizens who may be exempted from the restrictions on non-essential travel as laid down in the EU Council Recommendation of 30 June 2020 (see EUROPE 12517/8).
In this Communication, the Commission clarifies the concept of family members of EU residents (from non-Member States, but long-term residents in the EU) allowed to travel within the block in order to facilitate and possibly relax the decision of the competent authorities.
It also focuses on the situation of non-Member State citizens performing an essential function in the EU, coming to work (medical staff, seasonal workers in agriculture, etc.) or coming to study and therefore needing to be exempted.
It also covers the case of bi-national couples, whereas the ‘loveisessential’ or ‘loveisnottourism’ campaigns were launched this summer and relayed by Commissioner Ylva Johansson.
The document, which is rather technical, thus clarifies the concepts of family members, dependent persons, but also that of stable relationships, which must therefore be provable.
On this last point, the Commission proposes that, in order to prove this relationship, the partners concerned should be able to make a declaration, prove their previous meetings and their joint investments. The relationship must be durable and the duration of the relationship may be a criterion retained by Member States. However, in this case, national rules should provide that other relevant aspects (such as a common lease or a mortgage for renting or buying property used as a residence) should also be taken into account in the overall assessment.
Finally, the restrictions cannot apply to international protection and people wishing to come to the EU to apply for asylum do not have to justify their movement.
Link to the communication: https://bit.ly/2Tz5Fza (Original version in French by Solenn Paulic)