Considerations on COM(2020)499 - Coordinated approach to the restriction of free movement in response to the COVID-19 pandemic - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2020)499 - Coordinated approach to the restriction of free movement in response to the COVID-19 pandemic. |
|---|---|
| document | COM(2020)499  |
| date | September 4, 2020 |
(2) Pursuant to Article 21(1) of Treaty on the Functioning of the European Union (TFEU), every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give effect to them. Directive 2004/38/EC of the European Parliament and of the Council 8 gives effect to that right. Article 45 of the Charter of Fundamental Rights of the European Union (the Charter) also provides for freedom of movement and residence.
(3) Pursuant to Article 45(1) TFEU, freedom of movement for workers shall be secured within the Union. The attainment of this objective entails the right of workers of the Member States to move freely within the Union in order to pursue activities as employed persons subject to any limitations justified on grounds of public policy, public security or public health.
(4) Pursuant to Article 49(1) TFEU, restrictions on the freedom of establishment of nationals of a Member State in another Member State shall be prohibited.
(5) Pursuant to Article 56(1) TFEU, restrictions on the freedom to provide services within the Union shall also be prohibited. This includes the right of service providers to cross the border in order to provide services and the right of service recipients to travel to the country of the service provider in order to receive the service. The attainment of these objectives justifies coordination of measures that Member States may consider adopting in respect of non-nationals on grounds of public health.
(6) Pursuant to Article 168(1) TFEU, a high level of human health protection is to be ensured in the definition and implementation of all Union policies and activities.
(7) On 30 January 2020, the Director-General of the World Health Organization (WHO) declared a public health emergency of international concern over the global outbreak of novel coronavirus, which causes Coronavirus disease 2019 (COVID‑19). On 11 March 2020, the WHO made the assessment that COVID-19 can be characterized as a pandemic.
(8) To limit the spread of the virus, the Member States have adopted various measures, some of which have had an impact on Union citizens’ right to move and reside freely within the territory of the Member States, such as restrictions on entry or requirements for cross-border travellers to undergo quarantine.
(9) On 13 February 2020, the Council adopted Conclusions on COVID-19 9 in which it urged Member States to act together, in cooperation with the Commission, in a proportionate and appropriate manner to develop close and enhanced coordination between Member States to ensure effectiveness of all measures, including, if necessary, measures regarding travel, while safeguarding the free movement within the Union, to ensure optimal protection of public health.
(10) On 10 March 2020, the Heads of State or Government of the European Union emphasised the need for a joint European approach with regard to COVID-19.
(11) On 16 March 2020, the Commission adopted Guidelines for border management measures to protect health and ensure the availability of goods and essential services 10 . On 17 March 2020, the Heads of State or Government of the European Union endorsed these Guidelines.
(12) On 30 March 2020, the Commission adopted Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak 11 to ensure that mobile workers and self-employed persons within the Union, in particular those in critical occupations to fight the pandemic, can reach their workplace.
(13) On 15 April 2020, the President of the European Commission and the President of the European Council set out a ‘Joint European Roadmap towards lifting COVID-19 containment measures’ 12 , according to which restrictions to free movement should be lifted once the epidemiological situation converges sufficiently and social distancing rules are widely and responsibly applied.
(14) On 7 May 2020, the Commission adopted Guidance on free movement of health professionals and minimum harmonisation of training in relation to COVID-19 emergency measures – recommendations regarding Directive 2005/36/EC 13 to help Member States address immediate staff shortages.
(15) On 13 May 2020, the Commission adopted, as part of a package of guidelines and recommendations, a Communication towards a phased and coordinated approach for restoring freedom of movement and lifting internal border controls 14 . The Communication proposes a phased and coordinated approach that should start by lifting restrictions between areas or Member States with sufficiently similar epidemiological situations. The approach should be flexible, including the possibility to reintroduce certain measures if the epidemiological situation requires. According to the Communication, Member States should act on the basis of epidemiological criteria, the ability to apply containment measures throughout the whole journey, and economic and social considerations.
(16) On 11 June 2020, the Commission adopted a Communication to the European Parliament, the European Council and the Council on the third assessment of the application of the temporary restriction on non-essential travel to the EU 15 , in which it strongly encouraged Member States to finalise the process of lifting restrictions to free movement within the Union.
(17) On 16 July 2020, the Commission adopted Guidelines on seasonal workers in the EU in the context of the COVID-19 outbreak 16 , in which it provides guidance to national authorities, labour inspectorates, and social partners to guarantee the rights, health and safety of seasonal workers, and to ensure that seasonal workers are aware of their rights.
(18) To facilitate the unhindered flow of goods within the Union, the Commission adopted a Communication on the implementation of the Green Lanes under the Guidelines for border management measures to protect health and ensure the availability of goods and essential services 17 , Guidelines on Facilitating Air Cargo Operations during COVID-19 outbreak 18 , and Guidelines on protection of health, repatriation and travel arrangements for seafarers, passengers and other persons on board ships 19 .
(19) In view of the reduction in the number of COVID-19 cases across the Union during the months of June and July 2020, many Member States lifted restrictions to free movement imposed during the first wave of infections.
(20) As numbers of COVID-19 cases started to increase across much of the Union in August 2020, some Member States started reintroducing restrictions to free movement.
(21) Restrictions to the free movement of persons within the Union put in place to limit the spread of COVID-19 should be based on specific and limited public interest grounds, namely the protection of public health. They should be applied in compliance with the general principles of EU law, in particular proportionality and non-discrimination. This Recommendation is intended to facilitate the application of these principles, in a coordinated manner, to the exceptional situation caused by the COVID-19 pandemic. Therefore, the mechanisms put in place by this Recommendation should be strictly limited in scope and time to restrictions adopted in response to this pandemic.
(22) Unilateral measures in this area have the potential to cause significant disruptions as businesses and citizens are confronted with a wide array of diverging and rapidly changing measures. This is particularly harmful in a situation where the European economy has already been significantly affected by the virus.
(23) This Recommendation seeks to ensure increased coordination among Member States considering the adoption of measures restricting free movement on grounds of public health. A coordinated approach among Member States is required to reduce the impact of restrictions on Union citizens and the economy, enhancing transparency and predictability, while ensuring a high level of human health protection.
(24) A coordinated approach among Member States requires joint efforts on the following key points: the application of common criteria and thresholds when deciding whether to introduce restrictions to free movement, a mapping of the risk of COVID-19 transmission based on an agreed colour code, and a coordinated approach as to the measures, if any, which may appropriately be applied to persons moving between areas, depending on the level of risk of transmission in those areas.
(25) Six months into the crisis, more information is available as to the most effective measures to take, based on regular exchanges among Member States and the Commission. The criteria and thresholds outlined in this Recommendation are based on the data made available by Member States.
(26) In view of the evolving epidemiological situation, the Commission, supported by European Centre for Disease Prevention and Control, should regularly assess the criteria, data needs and thresholds outlined in this Recommendation, including whether to consider other criteria, such as hospitalisation rates or intensive care unit occupancy rates.
(27) Member States should apply a coordinated set of indicators and methodology to the epidemiological classification of areas and regions. To limit restrictions to what is strictly necessary, Member States should, as much as possible, aim to limit restrictions, in a non-discriminatory manner, to persons coming from specific areas or regions particularly affected rather than the entire territory of a Member State.
(28) This Recommendation should not be understood as facilitating or encouraging the adoption of restrictions to free movement put in place in response to the pandemic, but rather seeks to provide a coordinated approach in the event that a Member State were to decide to introduce such restrictions. The decision as to whether to introduce restrictions to free movement remain the responsibility of the Member States, which have to comply with the requirements of Union law. Equally, Member States retain the flexibility not to introduce restrictions even if the criteria and thresholds outlined in this Recommendation are met.
(29) Restrictions on free movement should only be considered when Member States have sufficient evidence to justify such restrictions in terms of their benefit for public health and they have reasonable grounds to believe that the restrictions would be effective.
(30) Maps outlining the status of the common criteria for EU regions should be published and updated weekly by the European Centre for Disease Prevention and Control, using data provided by the Member States.
(31) To improve coordination among Member States and increase predictability for the public, Member States should use an agreed timeline when considering to impose restrictions on freedom of movement due to the COVID-19 outbreak.
(32) To limit the disruption to the internal market and family life while the pandemic is ongoing, travellers with an essential function or need, such as workers or self-employed persons exercising critical occupations, cross-border workers, transport workers or transport service providers, seafarers, and persons travelling for imperative business or family reason, including members of cross-border families travelling on a regular basis, should not be required to undergo quarantine.
(33) Clear, timely and comprehensive information of the public is crucial to limit the impacts of any restrictions to free movement put in place, ensuring predictability, legal certainty and compliance by citizens.