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Europe Daily Bulletin No. 12840
EU RESPONSE TO COVID-19 / Home affairs

European Commission adapts recommendations on free movement to meet new health circumstances in the EU

The European Commission proposed on Thursday 25 November to adapt its recommendations on non-essential travel – both within the EU and from third countries – to the health situation facing Member States and the new requirements for a third dose of vaccine.

Commissioner Didier Reynders announced the introduction of a standard period of validity for the European digital Covid certificate for intra-EU travel, which was launched on 1 July on the basis of a regulation adopted in June. The Commission recommended a nine-month validity period for the EU Covid vaccination certificates, based both on the recognised duration of protection offered by the vaccine of approximately six months, and taking into account an additional three months to organise public information and vaccination campaigns. Any holder of a vaccination certificate that has exceeded the nine-month validity period after their second dose and has not had a third booster dose will therefore have to undergo tests or other restrictive measures if they wish to travel within the EU.

The Commissioner, who noted that this proposal responds to a request from the European Council of 21 and 22 October, hoped that these rules could be applied “from 10 January”.

The Commission will offer a proposal at a later date to revise the regulation establishing the certificate to extend this tool and its legal basis “beyond the summer” of 2022, he said.

The recommendation on non-essential travel in the EU will also now place a greater emphasis on the individual status of people, including the status of vaccinated people, rather than an emphasis on the geographical area from which they come. Any vaccinated person with a valid certificate should be able to continue to travel without further restriction.

The colour chart used by the ECDC will therefore be revised so that it pays more attention to vaccination and testing rates and not just virus incidence rates.

The recommendation will also somewhat tighten the conditions for free movement by reducing the list of categories of persons who can be excluded from certificate requirements; lorry drivers and cross-border workers, however, will continue to be exempt. Children under 12 years of age will also be vaccinated, but children aged 6-12 from “dark red” areas where there is a high prevalence of cases, for example, will require a vaccination certificate or will need to show proof of testing.

However, there are still questions about the impact of this recommendation since countries like France have announced that vaccination certificates will only be valid for seven months after the second dose has been given.

The main difference announced on 25 November by the Commissioner for Home Affairs Ylva Johansson relating to non-essential travel to the EU, is the recognition of vaccines that have not been authorised in the EU but have been authorised by the WTO. Until now, Member States have had the capacity to accept certificates that are related to these vaccines, but on 25 November, the European Commission strongly encouraged them to do so.

By 10 January 2022, the rules will also mean that all such vaccinated travellers from third countries, including those who have had Russian or Chinese vaccines, must arrive in the EU showing a negative PCR test.

Children aged 6-17 should be able to travel to the EU as long as they have had a negative PCR test before departure, even if they are not vaccinated. Testing and vaccination will not be mandatory for children who are under 6 years of age.

Finally, the text proposes that the list of third countries, which is currently reviewed every fortnight, will no longer be relevant as of 1 March 2022. The recommendation again proposes that the focus should be on the vaccination status of travellers rather than their country of origin, and whether they hold a vaccination certificate that is equivalent to that of the EU. Their certificate will also, as of 10 January, only be valid for nine months after the second dose has been given.

Link to the recommendations: https://bit.ly/3nP2N14; https://bit.ly/3l8mb7u (Original version in French by Solenn Paulic)

Contents

EU RESPONSE TO COVID-19
FUNDAMENTAL RIGHTS - SOCIETAL ISSUES
ECONOMY - FINANCE - BUSINESS
SECTORAL POLICIES
EUROPEAN PARLIAMENT PLENARY
EXTERNAL ACTION
COURT OF JUSTICE OF THE EU
NEWS BRIEFS