Updated by Randi Winter Paradise 2 Perfection/Travel with a Cause 

The Council of the European Union is officially, albeit gradually, lifting travel restrictions for residents of fifteen countries, including Canada, as of July 1st (although during these times, some these official policies will be revisited every two weeks or less  The Council adopted the recommendation on June 30th for the  gradual lifting of temporary restrictions on non-essential travel in the European Union.

On the basis of the criteria and conditions set out in the recommendation, travel restrictions should therefore be lifted at the external borders for Algeria, Australia, Canada, Georgia, Japan, Montenegro, Morocco, New- Zealand, Rwanda, Serbia, South Korea, Thailand, Tunisia and Uruguay. It is mentioned that residents of Andorra, Monaco, San Marino, and the Vatican should be considered as residents of the EU for the purposes of this recommendation.

China is conditionally on the list, subject to confirmation of reciprocity, again also subject to the two- week review and revision based on current data of infections.

As expected, the United States, currently plagued with rampant outbreaks, did not make the safe list.  While the US is protesting, it is not difficult to understand the rationale due to its skyrocketing infection rate in a majority of states.

Canadian Government still recommends “Avoid non-essential travel outside of Canada”

While the EU lifts travel restrictions for Canadians, the Government of Canada, for its part, still advises its citizens to avoid non-essential travel outside of Canada- as well as any cruise, until further notice.

Putting the travel ban in context since March 16, 2020

On March 16th, the Commission adopted a communication recommending a temporary restriction of all non-essential travel from third countries into the EU for one month. EU heads of state or government agreed to implementation, 17 March. The restriction was extended for a further month respectively, on April 8th 2020 and May 8th 2020.

On June 11th, the Commission adopted a communication recommending the further extension of the restriction until 30 June 2020 while setting out an approach for a gradual lifting of the restriction on non-essential travel into the EU as of 1 July 2020. Discussions have since then taken place between member states on the criteria and methodology to be applied.

Determining Criteria

The criteria for determining which third countries merit current travel restriction be lifted, are directly impacted by the epidemiological situation and containment measures, including physical removal, as well as economic and social considerations. They are applied cumulatively.

From epidemiological evidence, the listed third countries must meet the following criteria, in particular:

• the number of new cases of COVID-19 in the past 14 days and per 100,000 inhabitants be close to or below the EU average (as of June 15, 2020);
• the stable or decreasing trend of new cases during this period compared to the previous 14 days
• the overall response to COVID-19, taking into account the information available, including aspects such as testing, surveillance, contact tracing, containment, processing and reporting, as well as the reliability of the information, etc.

“Reciprocity must also be taken into account”

The Council of the European Union specifies that reciprocity must also be taken into account regularly and on a case-by-case basis.

For countries where travel restrictions continue to apply – as is currently the case in Canada – the following categories of people should be exempt from the restrictions:

• EU citizens and their family members
• long-term EU residents and their family members
• travellers with an essential function or need, as indicated in the recommendation.
• The countries associated with Schengen (Iceland, Lichtenstein, Norway, Switzerland).

What are the next steps, which, by the way, are not legally binding across the entire EU?

The Council of the European Union mentions that its recommendation is not a legally binding instrument. The authorities of the Member States still retain responsibility for the implementation of the content of the recommendation. However, a Member State should not decide to lift travel restrictions for unregistered third countries until this has been decided in a coordinated manner. If the situation in a listed third country deteriorates precipitously, rapid decision-making must be applied.

This list of third countries will be reviewed every two weeks and could be updated by the Council, as appropriate, at any interval, after close consultations with the Commission and the relevant EU agencies and services following an assessment based on the above criteria.

Travel restrictions can be lifted totally or partially. They can be reintroduced for a specific third country already registered depending on the evolution of certain conditions and, therefore, based on the assessment of the epidemiological situation at that time.