What will be the main criterion for freedom of movement in the EU?

Since when does the recommendation take effect?

Vaccine, test or disease status of a traveler will now be the main criterion for freedom of movement in the European Union amid the pandemic COVID-19, and no longer the country from which he travels, the relevant EU Ministers agreed on Tuesday in the General Affairs Council in Brussels, following the Commission's proposal submitted in November to simplify the rules.

The recommendation also states that the map of the European Center for Disease Prevention and Control (ECDC) should henceforth be based not only on the rate of notification of the last 14 days and the percentage of tests, but also on vaccination coverage.

The new recommendation also strengthens the emergency brake to address the emergence of new mutations, with the Commission being able to propose coordinated travel restrictions for high-risk areas.

According to the updated Council Recommendation, measures to deal with the pandemic should be implemented taking into account the situation of each individual instead of the situation at regional level. The only exception to this rule will be travel from areas where the virus is circulating at very high levels.

This means that a decisive factor in determining whether a person will be subject to restrictions on free movement will be the condition of a traveler who has been vaccinated, tested or recovered. COVID-19, as recorded on a valid digital certificate COVID-19 of the EU.

The recommendation enters into force on 1 February, at the same time as the delegated act setting the maximum period of validity of the certificate for travel purposes at 270 days (nine months).

In particular, based on the recommendation, the vaccination certificate is valid if the traveler:
- has been vaccinated with the last dose of the vaccine regimen or booster dose at least 14 days in advance but not more than 270 days (Member States may also accept vaccination with preparations approved by the national authorities or the WHO)
- has a negative PCR test performed within 72 hours before the trip, or an antigen test (rapid test) performed 24 hours before the trip, or
- has a certificate of illness and recovery which is valid for up to 180 days (six months) after the first positive test.

As noted, a Member State may require non-digitally certified persons to take the test before or at least 24 hours after arrival, with the exception of those traveling for essential services or necessities, those traveling across borders and children under 12 years of age. should be exempt from this requirement.

With regard to ECDC maps, Member States are required to implement measures for people traveling to and from areas in the "deep red" category (where the virus is spreading faster), to discourage unnecessary travel and to request from those who do not have a certificate to take a test before departure and be quarantined upon arrival.

Some exceptions to these measures should apply to those traveling for essential services or necessities, those traveling across borders, and children under 12 years of age.

Finally, with regard to the emergency brake to address the emergence of new mutations of concern or interest when a Member State imposes restrictions in response to the emergence of a new variant, the Council, in close cooperation with the Commission and with the support of the ECDC, should review the situation.

At the same time, the Commission, on the basis of the regular evaluation of new evidence for variations, will also be able to propose a discussion in the Council. During the debate the Commission will have the opportunity to propose to the Council to agree on a coordinated approach to travel from the affected areas. The situation will be reviewed regularly.