Travel During Omicron : What are the Latest Restrictions ?
With a new surge of covid cases being witnessed across the globe, many individuals who need to travel may be wondering about what kind of restrictions or rules they will need to prepare for before and after they get on their flight. Therefore, in this week’s blog post, we summarize some of the major restrictions being put in place across some major travel destinations and jurisdictions, to help the reader get a flavour of how the pandemic is being handled across the globe. Do note, this blog is for informational purposes only, and travel restrictions are quite fluid. Therefore, the reader should re-confirm any information provided below from official sources, and should not rely on the information provided here alone.
We look at restrictions in the following countries (in the following order):
Canada
The United States
The United Kingdom
China
Germany
France
Italy
Spain
1) CANADA : Ontario (Toronto) & Quebec
(a) Rules Regarding Face Masks
The Toronto City Council voted unanimously in favour of requiring masks or face coverings in all enclosed public places to help stop the spread of COVID-19. Indeed, the City of Toronto By-Law 541-2020 came into effect on July 7, 2020. The mask or face covering should cover your nose, mouth and chin, without gapping. The City of Toronto (under By-law 541-2020 as amended by By-law 664-2020) also requires everyone to wear a mask or face covering in all indoor public settings, including common areas in multi-residential buildings. The provincial government of Ontario also requires (under the Reopening Ontario Act) that masks be worn in all workplaces, even those that are not open to the public.
In Quebec, wearing a mask or face covering that covers the nose to under the chin is mandatory on public transit (buses, the subway, ferries, taxis, car services, etc.) and in enclosed or partially enclosed public places for people age 10 and over.
(b) Covid-related Rules which foreign nationals must follow in order to enter Canadian Territory
In order to qualify as a fully vaccinated traveller to Canada, you must have:
- received at least 2 doses of a vaccine accepted for travel, a mix of 2 accepted vaccines (with your second dose received at least 14 full calendar days before you enter Canada) or at least 1 dose of the Janssen/Johnson & Johnson vaccine.
- no signs or symptoms of COVID-19.
- have been Covid-tested Negative (pre-entry testing) with accepted types of molecular tests namely:
• PCR - Polymerase Chain Reaction;
• Nucleic acid test (NAT) or Nucleic acid amplification test (NAATs); or
• Reverse transcription loop-mediated isothermal amplification (RT-LAMP).
These tests use methods such as a nasopharyngeal (NP) swab, nose swab, or saliva sample. Rapid antigen tests aren't accepted.
Who needs a pre-entry test?
- All travellers 5 years of age or older
- You must provide proof of a COVID-19 negative molecular test result to enter Canada.
You must take a molecular test within 72 hours of the scheduled departure time of your flight to Canada.
If you have a connecting flight:
• the test must be taken within 72 hours of the scheduled departure time of your last direct flight to Canada;
• you may need to schedule the test in your transit city.
IF you are arriving in Canada by car, bus, boat, ferry or train from the United States
You must take a molecular test in the United States within 72 hours of your planned entry into Canada
By exception, proof of a previous positive test result taken between 14 and 180 days prior to arrival (starting January 15, 2022, between 10 and 180 days prior to arrival) is also accepted in lieu of a negative test taken 72 hours prior to travel.
Fully vaccinated foreign nationals may be allowed enter Canada for discretionary travel. Foreign nationals who don't qualify as fully vaccinated will only be allowed to enter in specific circumstances
(c) Covid-related Restrictions and Rules applicable to Federal Employees in the transportation sector
Since October 30, 2021, employers in the federally regulated air and rail, and marine transportation (since November 1, 202)1 sectors will be required to establish vaccination policies for their organizations. Specifically, the vaccination requirement will apply to:
· airlines and airports, and other organizations who have employees who enter restricted areas of airports, such as concession and hospitality workers;
· federally regulated railways, and their rail crew and track employees;
· marine operators with Canadian vessels that operate with 12 or more crew.
Transport Canada will use its specific regulatory and oversight authorities related to operations of federally regulated air, rail, and marine transportation service providers to ensure that the transportation system and these workplaces are safe through vaccination mandates. Each organization will be required to implement a rigorous policy, which must:
· Include a provision for employee attestation/declaration of their vaccination status;
· Include a description of consequences for employees who do not comply or who falsify information; and
· Meet standards consistent with the approach taken by the Government of Canada for the Core Public Administration.
After a short phase-in period, each organization is required to guarantee employees are fully vaccinated or they will be unable to work.
Enforcement: Fines & Penalties
Transport Canada will oversee compliance by means of inspections and enforcement tools—including Administrative Monetary Penalties—using oversight systems in place for each mode. Railway companies could be subjected to compliance actions up to $250,000 per violation, per day, under the Railway Safety Act. In the air sector, individuals—either travellers or employees—could be fined up to $5,000 per violation under the Aeronautics Act, and operators could be fined up to $25,000 per violation. In the marine sector, employees and travellers could be fined for being non-compliant with the obligation to provide proof of vaccination up to $250,000 per violation, per day, and operators could be fined up to $250,000 per violation, per day, for non-compliance to the Interim Order made pursuant to the Canada Shipping Act, 2001.
(d) Curfew and Lockdowns
Quebec: New restrictions are now in place for an indefinite period of time in Quebec to curb the spread of COVID-19 including a curfew that goes from 10 p.m. to 5 a.m.
In addition to not being allowed to roam the streets at night, restaurant dining rooms in the province will be closed, indoor sports is prohibited, and gatherings in homes will also be prohibited, except for single people who can join another family bubble.
The following are exceptions to the rule:
• Anyone who needs to be at work or who is transporting products for business.
• Those heading to the pharmacy to pick up medication or pharmaceutical, hygienic or sanitary products.
• Those heading to or returning from a vaccination centre.
• Students attending in-class evening courses or labs.
• A parent accompanying a child to the home of their other parent.
• A person complying with a court judgement or summons to court or to exercise custody rights as a parent.
• Anyone accompanying someone else to a medical appointment or another essential service.
• A parent taking their sick child to the hospital.
• A person going to give blood under Hema-Quebec supervision.
• A parent accompanying an adolescent child to work.
• Those experiencing homelessness.
• Those needing to walk their dogs after curfew.
Elementary and secondary schools, colleges and universities will remain closed until at least January 17, 2022; school daycare services will be open only to the children of workers providing essential services. Places of worship will only hold funerals, with a maximum of 25 participants.
Non-essential commercial establishments will be closed on Sundays, January 9 and 16.
Ontario : A province wide lockdown has been announced. Schools and universities have been shut for in person attendance till at least January 17th 2022 as well. Indoor dining has been prohibited and large gatherings indoor are restricted as well.
2) USA
(a) Rules Regarding Face Masks
• Alabama: statewide mask requirement which has been in effect since October 2, 2021.
• Alaska: No statewide order requiring masks, but the state encourages people to wear them and the city of Anchorage requires them to be worn in indoor public spaces.
• Arizona: Masks are only required for customers and employees at barbers and cosmetologists but only recommended for other situations. Phoenix and several other Arizona cities require people to wear face coverings in public.
• Arkansas: face mask requirement in public areas when social distancing is not possible.
• California: Statewide order requiring that everyone in California wear a face mask while in public spaces, both indoor and outdoor. In some parts of California, face coverings with a valve are not permitted, because they can allow exhaled air and droplets escape. a statewide mask mandate for California was recently reinstated for indoor public places and will last at least a month. California joins seven other states and Puerto Rico in requiring most people to wear masks indoors regardless of vaccination status.
• Connecticut: Executive order in force Since April 20, 2021, requirement to wear a face mask in public areas where close contact is unavoidable. The executive order also includes ride-hailing services and public transportation.
• Delaware: Since May 1, 2021, everyone is required to wear face coverings while in public places and businesses.
• District of Columbia: Since May 13, 2021, face masks are required when you are "engaging in essential and minimum basic operations of businesses, when persons are in the presence of others."
• Florida: Florida's Department of Public Health encourages, but does not require, people to wear a mask in any setting where social distancing is not possible. However, several counties and cities in the state of Florida have issued mandates for people to wear masks in those areas. Those include, but are not limited to, Orange County, Daytona Beach, New Smyrna Beach and Seminole County.
• Georgia: Since July 15, 2021, no more requirements (suspension of city face masks order) to wear face masks in the state of Georgia. Currently the state government is merely encouraging people to wear masks, but there is no statewide order.
• Hawaii: On April 17, 2021, there was a Governor’s executive order requiring people to wear face coverings while in (or waiting outside of) essential businesses.
• Idaho: In Ada County, people are required to wear masks in public spaces. There is no statewide order.
• Illinois: Since May 1, 2021, Illinois residents are required to wear face coverings while in public places where social distancing measures are hard to maintain, such as grocery stores, pharmacies and other essential businesses.
• Iowa: There is no statewide face mask order.
• Indiana: No statewide face mask order, but several cities and counties in Idaho have orders in place. However, the Indiana State Department of Health recommends everyone to wear a mask.
• Kansas: Since July 3, 2021, any person in Kansas is required to wear a mask or other face covering in most public settings.
• Kentucky: Since July 15, 2021, people in the state must wear a mask in public places, including in outdoor areas where you can't maintain a distance of 6 feet from others.
• Louisiana: Since July 11, 2021, everyone over the age of 8 in Louisiana must wear a face covering in public, with some exceptions.
• Maine: Since April 2021, Governor Janet Mills issued an order for anyone in Maine to wear a face mask in public. In July 2021, she signed a new executive order requiring businesses to enforce the order by denying entry for people not wearing a mask.
• Massachusetts: On May 6, 2021, Governor Charlie Baker has ordered residents to wear face coverings while in public places where social distancing is hard to maintain.
• Maryland: On April 15, 2021, Governor Larry Hogan signed an order for Maryland residents to begin wearing face coverings in food and retail establishments and when taking public transportation. The order says this will be a requirement as long as the state of emergency is still in effect.
• Michigan: Since July 10, 2021, everyone in the state must wear a face covering in any indoor or outdoor public space.
• Minnesota: While several cities in Minnesota have mask orders, the state does not.
• Mississippi: On July 13, 2021, Governor Tate Reeves issued an executive order for 13 counties requiring employees of essential and retail businesses to wear masks while working, and for the general public to wear masks at social gatherings.
• Missouri: Governor Mike Parson says that wearing a face covering is "up to the individual," though state health officials recommend that everyone do so. Several counties and cities, including Kansas City and St. Louis, have face mask orders in place.
• Montana: Since July 15, 2021, residents are required to wear masks in indoor public spaces and at outdoor gatherings of 50 or more people.
• Nebraska: There is no statewide mandate for the general public, but in some cities, including Lincoln and Omaha, you are required to wear a mask in public spaces.
• Nevada: On June 24, 2021, Governor Steve Sisolak issued a mandatory order for all people in Nevada to wear masks in public spaces.
• New Hampshire: Masks are only required at scheduled gatherings of 100 or more people, except when people are seated and spaced out 6 feet.
• New Jersey: Jersey was one of the first states to instate a mandatory order to wear masks in public spaces. Since July 8, 2021, that includes both indoor and outdoor spaces.
• The following states also require most people to wear masks while in an indoor public setting: New Mexico, New York, Oregon and Washington State.
The omicron variant, which has now been detected in 47 states in the US, has prompted federal mask mandates to be extended until March 18 in an effort to curb the spread, President Joe Biden recently announced. The federal mandate was originally supposed to expire on Jan. 18.
The federal requirement to wear a mask over the nose and mouth applies to people riding the bus, train and airplanes The extension is driven by a concern that the country could soon be fighting two COVID-19 variants at once. The highly contagious delta variant is still circling the country, while the new omicron variant has cases rising rapidly.
The current CDC (Centers for Disease Control and Prevention) guidance for mask wearing says that everyone age 2 years and older, vaccinated and unvaccinated, should continue wearing masks indoors when in public places, especially if in a high COVID-19 transmission area, to help prevent spreading the disease to others.
In early 2021, the guidelines said those who are fully vaccinated can "resume activities without wearing masks or physically distancing" except where required, such as in planes and businesses. But that guidance quickly changed over the summer 2021 when it was found the delta variant can cause breakthrough infections in vaccinated people.
(b) Covid-related Rules which foreign nationals must follow in order to enter U.S. Territory?
If you plan to travel internationally, you will need to get a COVID-19 viral test (regardless of vaccination status or citizenship) no more than 1 day before you travel by air into the United States. You must show your negative result to the airline before you board your flight.
If you recently recovered from COVID-19, you may instead travel with documentation of recovery from COVID-19 (i.e., your positive COVID-19 viral test result on a sample taken no more than 90 days before the flight’s departure from a foreign country and a letter from a licensed healthcare provider or a public health official stating that you were cleared to travel).
On December 02, 2021, CDC amended its October 25, 2021 Order, titled, “Requirement for Proof of Negative COVID-19 Test or Recovery from COVID-19 for All Air Passengers Arriving in the United States.” This amendment updates COVID-19 testing requirements for air passengers 2 years or older boarding a flight to the United States.
All air passengers 2 years or older with a flight departing to the US from a foreign country at or after 12:01am EST (5:01am GMT) on December 6, 2021, are required show a negative COVID-19 viral test result taken no more than 1 day before travel [pre-departure], or documentation of having recovered from COVID-19 in the past 90 days, before they board their flight. Air passengers will also be required to confirm in the form of an attestation that the information they present is true.
Currently applicable entry requirements for all air passengers traveling to the United States:
• Foreign travelers must be fully vaccinated and provide documentation of the vaccination status before boarding the plane.
• The exceptions to this policy will be extremely limited:
-Under 18 years of age
-People who, by medical prescription, cannot receive the vaccine
-Emergency travelers who do not have access to the vaccine
The vaccines accepted include approved or authorized by the FDA, as well as vaccines with a list of emergency use (EUL) from the World Health Organization (WHO).
Foreign travelers who must be fully vaccinated must also show a negative test administered no more than 3 days before boarding.
Testing requirements include all travelers: U.S. citizens, Lawful Permanent Residents (LPRs), and foreign nationals.
Unvaccinated travelers (who are unable to present proof of full vaccination), whether they are U.S. citizens, lawful permanent residents (LPRs), or the small number of excepted unvaccinated foreign nationals, will need to show documentation of a negative test administered no more than 1 day prior to boarding.
Fully vaccinated U.S. citizens and LPRs will continue to be required to show documentation of a negative viral test from a sample taken up to 3 days before departure to the United States. They must present proof of vaccination to qualify for the 3-day test window.
Proof of vaccination must be a paper or digital record issued by an official source (e.g., public health agency, government agency) and must include the traveler’s name and date of birth, as well as the vaccine product and the date(s) of administration of all the doses you received.
The CDC has determined that, for travel to the United States, accepted vaccines will include those approved or authorized by the FDA and those listed on the World Health Organization (WHO) Emergency Use List (EUL). Currently, this list includes Pfizer, Moderna, and Johnson & Johnson; but also vaccines like AstraZeneca and Sinovac which are listed on the WHO EUL.
c) Covid-related Restrictions and Rules applicable to Employees
An employer may require that their employees to be vaccinated under U.S. Federal law. The U.S. Department of Health and Human Services has established that employers—including healthcare providers when acting solely in their role as employers—may ask an employee about vaccination status without violating the Health Insurance Portability and Accountability Act (HIPAA)
If an employer requires employees to provide proof that they have been fully vaccinated against COVID-19, the employer cannot mandate that the employee provide any medical information as part of the proof. However, employees can choose to provide medical information to their employer.
Two types of exemptions can be implemented:
• Medical exemptions
Some people may be at risk for an adverse reaction because of an allergy to one of the vaccine components or a medical condition. This is referred to as a medical exemption.
• Religious exemptions
Some people may decline vaccination because of a sincerely held religious belief. This is referred to as a religious exemption.
Employers offering vaccination to workers should keep a record of the offer to vaccinate and the employee’s decision to accept vaccination.
The Occupational Safety and Health Administration applies to all employers with 100+ employees and requires all employees to be vaccinated against COVID-19 or be tested on a weekly basis and to have a negative test before coming to work. The Centers for Medicare and Medicaid Services (CMS) requires all staff in facilities that are certified by Medicare and Medicaid to be vaccinated against COVID-19.
3) United Kingdom
(a) Rules Regarding Face Masks
In England, face coverings are now required by law in most indoor public places and on public transport, including taxis.
Face coverings are not required in hospitality venues where food and drink are consumed (such as pubs, cafés and restaurants), or during exercise (such as gyms), including dancing (such as nightclubs).
Where a premises or part of a premises is being used for an event where the main activities include eating, drinking and dancing, face coverings are not required. Face coverings must be worn in communal areas of the premises not being used for the event, such as in a hotel lobby when an event is taking place in a conference room.
In indoor settings where a face covering is not legally required, you should still continue to wear a face covering in crowded and enclosed spaces where you may come into contact with other people you do not normally meet.
Some people, including children under 11, are exempt from having to wear face coverings in any setting. Furthermore, anyone with a health condition or disability, which means they cannot wear a face covering, has a reasonable excuse for not wearing a face covering.
(b) Covid-related Rules which foreign nationals must follow in order to enter UK Territory?
There are different rules if you have been in a red list country or territory in the 10 days before you arrive in England. Red list rules apply whether you are fully vaccinated or not.
To qualify under the fully vaccinated rules for travel to England, you must have proof of full vaccination with a full course of an approved vaccine.
You must have had your final dose of the vaccine at least 14 days before you arrive in England. The day you had your final dose does not count as one of the 14 days.
The proof of vaccination must have been issued by either:
· the UK vaccination programme;
· the United Nations vaccine programme for staff and volunteers; or
· an overseas vaccination programme with an approved proof of vaccination for travel to the UK
If you are not fully vaccinated, before you travel to England you must:
• take a COVID-19 test – to be taken in the 2 days before you travel to England
• book and pay for a COVID-19 PCR test – to be taken after you arrive in England
• complete a passenger locator form – to be completed in the 48 hours before you arrive in England
Traveling with children
Children aged 4 and under do not have to take any COVID-19 travel tests.
On arrival in England, they must quarantine until their responsible adult receives their day 2 test result back.
Children aged 12 to 17 must take a COVID-19 test in the 2 days before travel to England.
Children aged 5 to 17 have to follow the testing and quarantine rules for people who qualify as fully vaccinated on arrival in England.
This means that they have to quarantine on arrival and take a PCR test on or before day 2.
(c) Covid-related Restrictions and Rules applicable to Employees
In recent months, the UK Government announced (subject to Parliamentary approval) that all frontline health and social care workers in England will need to be fully vaccinated against Covid-19 by 1 April 2022, unless exempt.This followed a similar measure for care home workers, where all employees working in adult care homes in England were required to be fully vaccinated by 11 November 2021.
The legislation applies to all Care Quality Commission-regulated service providers of nursing and personal care, in care homes. Workers who can prove they are clinically exempt are not required to have the vaccination.
Following a consultation on mandatory jabs for frontline NHS and care workers in England it was announced that from spring 2022 it will also be mandatory for all health and social care workers, including volunteers who have face to face contact with service users, to provide evidence they have been fully vaccinated against COVID-19 in order to be deployed. This applies to NHS staff and other health and social care workers with direct, face-to-face contact with people while providing care. This includes doctors, nurses, dentists and domestic care workers, unless they are exempt. Staff such as porters or receptionists who have social contact with patients but are not directly involved in their care are also included.
There is a 12-week grace period between the regulations being made and coming into force on 1 April 2022 to enable unvaccinated workers to have both doses before then.
4) CHINA
(a) Rules Regarding Face Masks
China’s updated guidelines state that the general public should now wear masks in shopping malls, supermarkets, cinemas, exhibition halls and airports, as well as all public transports and elevators. Mask is now also required in crowded outdoor areas, such as public squares and parks.
(b) China Travel Restrictions (Updated January 4, 2022)
China travel restrictions and bans continue to be lifted or increased as the domestic and foreign pandemic situation changes. Currently, foreign nationals may enter China for work or emergency humanitarian needs. Optimistically, China may open its borders by mid-2022.
China has reported its first imported omicron cases in Tianjin and Guangdong. Quarantine policies in some port of entry cities may change. Quarantine days may increase. China closed its borders to nearly all travelers in March 2020, when the pandemic started spreading throughout Europe. On March 15, 2021, restrictions were eased for a select number of travelers from 23 countries. Those coming for work or for humanitarian reasons -- such as reuniting with family -- can apply for visas, as can holders of the APEC Business Travel Card. Residents may also return.
All travelers must present two negative tests -- PCR and antibody tests -- taken within 48 hours of travel.
For the newly qualified entrants, entry depends on having received two doses of Covid-19 vaccines at least 14 days prior to entry. They must apply for a visa in advance, and show their proof of vaccination on arrival, as well as the negative tests.
Arrivals are screened once more at the airport. Those failing the checks will be sent to government facilities. You must then quarantine on arrival. Some regions demand 14 days; others, 21. This might take place at a government facility or at your home.
China is not open for tourism, only national citizens and foreign nationals with valid residence permits and some special types of visas are allowed to enter.
All arrivals must agree to a 3-week quarantine and a variety of invasive COVID-19 tests.
COVID-19 vaccination in China is voluntary. In December 2020, the Joint Working Mechanism for the Prevention and Control of the Pandemic of the State Council (国务院联防联控工作机制) announced that China will first vaccinate workers in industries will higher exposure risks, such as cold-chain logistics, customs, medical care, and seafood markets, etc. on a voluntary basis. Similarly, the Ministry of Transportation also announced in December 2020 that public transportation front-line workers will be receiving vaccinations on a well-informed and voluntary basis.
Therefore, employers cannot require compulsory COVID-19 vaccination in China at this point. It should be noted that in practice the employees might feel pressured to take vaccination due to the promotion of the vaccination and the high vaccination rates in certain industries.
(c) Lockdown & other domestic traveling restrictions
China recently locked down the western city of Xi'an to stamp out a persistent Covid outbreak, its biggest such move since the pandemic started in Wuhan, underscoring how the country's zero-tolerance approach hasn't allowed it to move on since the virus emerged at the end of 2020.
Chinese authorities are ring-fencing Beijing against growing Covid-19 outbreaks now permeating more than half the nation’s provinces, seeking to protect the capital as it gears up to host top political leaders next week and the Winter Olympics in less than 100 days.
The country’s state-owned rail operator said on Wednesday they suspended ticket sales for trains departing from 123 stations in 23 locations that reported coronavirus infections. Previously, Beijing’s municipal government all but barred people visiting the city from areas reporting Covid cases.
5) GERMANY
(a) Rules Regarding Face Masks
Face masks are required in enclosed and crowded public places.
(b) Travel Restrictions
Since December 23, 2021, every person over the age of six is obliged to carry proof of their COVID‑19 vaccination status when entering Germany. Persons over the age of six must therefore have a negative test result or proof of recovery or vaccination when entering Germany. As a rule, COVID‑19 test results (antigen or PCR tests) must not be more than 48 hours old at the time of the (planned) entry. However, if entering Germany with a carrier (e.g. an airline), PCR tests may be taken a maximum of 48 hours before the (scheduled) start of the journey (e.g. departure time). But antigen tests must not be taken more than 48 hours before the (scheduled) time of arrival in Germany even if travelers are being transported by a carrier.
(c) Limited Vaccination Mandate?
German Lawmakers have so far only passed a vaccination mandate for certain health care workers. Now, a narrow majority of experts on Germany's leading ethical body has said it should be expanded to all adults, under certain conditions. Germany's Ethics Council on Wednesday said it was in favor of mandatory vaccinations for all adults over the age of 18.
(d) Workplaces
Facing a new coronavirus surge, Germany recently implemented significant pandemic-related restrictions affecting workplaces nationwide. Notably, since November 24, 2021, employees may enter their workplaces only if they show so-called 3G certification that they're vaccinated against COVID-19, have tested negative or have recovered from the coronavirus (3G rule). German lawmakers also established a new work-from-home obligation requiring employers to offer employees that option if the nature of the work allows. The employee must accept the work-from-home option unless there's a clear reason not to work remotely. Both requirements expire March 19, 2022, with an extension beyond that date possible. Unvaccinated employees without proof of recovery must take an approved test every workday in their free time and show the employer the negative certificate obtained in the testing center.
(e) Other Restrictions to freedom of movement and gathering
The 2G rule applies across Germany, irrespective of the seven-day incidence rate. This means that only people who are vaccinated or have recovered will be admitted to cinemas, theatres, restaurants and other leisure facilities or events. A recent test may also be required (2G-plus).
Since December 28, 2021, the contact restrictions recently adopted by the federal and state governments will apply throughout Germany. Indoors and outdoors, only up to ten vaccinated and recovered people will then be allowed to be together. For the unvaccinated, members of a household will only be allowed to meet with two other people. Clubs and discos will be closed. For leisure, culture and retail, the 2G or 2G-plus rule will continue to apply. Shops for daily needs are excluded. In some federal states there is a curfew in restaurants.
There will be a nationwide ban on gatherings and assemblies on New Year’s Eve and New Year’s Day.
In all federal states (Länder), 2G applies in the retail sector, though shops selling essential goods will be exempt. In some federal states (Baden-Württemberg, Hamburg, Lower Saxony) there is a curfew in restaurants. In Saxony, a curfew for unvaccinated people applies in Corona hotspots. In Mecklenburg-Western Pomerania, cinemas, theatres, museums, the indoor areas of zoos, swimming pools and other recreational facilities must remain closed throughout. In Rhineland-Palatinate, 2G plus applies indoors (including restaurants and hotels). Please note any additional regulations in the individual federal states.
The 3G rule applies on buses, trains and domestic flights. FFP2 or KN95 masks must be worn on public transport and in shops. Masks are also still compulsory in certain city centres or in busy public places.
6) FRANCE
(a) Rules Regarding Face Masks
The French government has announced new rules to fight the fifth wave of the Covid epidemic, including masks becoming mandatory again in public places as of November 26, 2021. Where are masks now mandatory to be more precise?
• Places that require a health pass to enter, including: cinemas, sports halls, restaurants and bars
• Interior spaces used by members of the public
Local prefects can also decide whether to make masks mandatory in outdoor spaces, such as markets, in their areas.
(b) Traveling to France
If you are already vaccinated, you shall present proof of your vaccination status and a sworn statement certifying the absence of COVID-19 symptoms and of any contact with a confirmed case of COVID-19. A negative PCR or antigen test taken less than 48 hours old is required, except for arrivals from a Member State of the European Union, Andorra, Iceland, Liechtenstein, Monaco, Norway, San Marino, the Holy See or Switzerland.
If you are not vaccinated, you must present the transport company or the border authorities with a certificate of recovery dated more than eleven days and less than six months, or a negative PCR or antigen test dated less than 48 hours or less than 24 hours prior to departure, depending on your country of departure (departure of first flight in case of connecting flight(s).
For travellers arriving from a country in the European area (Member State of the European Union, Andorra, Iceland, Liechtenstein, Monaco, Norway, San Marino, the Holy See or Switzerland) a negative PCR or antigen test taken less than 24 hours earlier is required.
All travellers arriving from a green list country must complete a sworn statement certifying that they agree to take a virological or biological screening test for SARS-CoV-2 upon arrival. Children under 12 years of age are exempt from testing.
(c) Health Pass
Since August 9, 2021, anyone who wants to be granted access to public attractions and hospitality venues will have to present proof of vaccination or a recent negative COVID-19 test result.
Everyone needs to prove that they have been vaccinated against the COVID-19 disease or provide a negative COVID-19 test result carried within 24 hours in order to be permitted access to the following places:
• Cafes, restaurants, and bars
• Hospitals
• Several shopping centres that are than 20,000mІ
• Long-haul transport, including trains and planes
• Museums, theatres, cinemas
• Sports events, amusement parks, zoos, libraries
• Communal spaces in hotels, including swimming pools
• Events held at worship places
• Weddings held in public areas
Nonetheless, emergency care units, essential shops, bakeries, newsstands, takeaways, and religious venues services do not require providing a health pass. Since August 2021, children between 12 and 17 will also be required to show a health pass in order to be allowed entry to the places mentioned above. Except for providing a vaccination passport, the health pass can also be obtained by proving recovery from the COVID-19 or showing a negative test result.
(d) Workplaces
Currently there is no general obligation in France for employees to be vaccinated against Covid-19 except for health care workers.
Indeed such an obligation does apply in the establishments listed in I of Article 12 of the law dated 5 August 2021 on health crisis management and in Article 49-2 of the decree dated 1 June 2021 (in particular, hospitals, medical facilities and care homes).
It should be specified that this obligation also applies to certain occupations, (set out in 2° and 3° of I of article 12 of the law) like doctors, nurses, and firemen. This obligation thus concerns employees who work in establishments that are subject to compulsory vaccination or whose positions are legally subject to compulsory vaccination.
The vaccination obligation concerns both the nursing staff and the administrative and technical staff working in these establishments and services, whether or not they are employed directly by these establishments and services. Thus, employees of service providers who work on a recurring and planned basis (e.g. secretarial, cleaning, laundry, waste management, etc.) within these companies are also affected by the vaccination requirement (Art. 12 of law n° 2021-1040).
7) ITALY
(a) Face Mask-related rules
Wearing face masks is required in enclosed public places and on public transportation.
Health Minister Roberto Speranza ordered people to use the more protective Ffp2 face masks on public transport and in public places, such as theatres, cinemas and at sports events.
In addition, concerts and open-air events will be banned until January 31, 2022, as well as discos and dance clubs until that date, in an effort to prevent mass socializing during the holiday period.
An outdoors mask mandate is put in place all throughout Italy, even in white zones (less populated areas), to reduce the risk of infections with a special focus on making the Ffp2 type masks mandatory.
(b) Traveling Restrictions
All arrivals from EU and Schengen countries are required to present a negative PCR no older than 48 hours or an antigen test no older than 24 hours.
All arrivals from other countries are required to present a negative PCR no older than 72 hours or an antigen test no older than 24 hours.
Tests must be performed by a lab.
Arrivals may be selected randomly for testing upon arrival.
(c) Green Pass (EU digital COVID Certificate)
An EU Digital COVID Certificate is a digital proof that a person has either been vaccinated against COVID-19, received a negative test result or recovered from COVID-19. You will need to provide your COVID Green Pass for hotels, changing rooms for sporting activities, regional rail and local public transport. The Green Pass can be printed on paper, but most people use a virtual file stored on a smart phone. The Green Pass consists of a QR code bearing the essential information that can be read by using a specific app (the "VerificaC19" app) released by the Ministry of Health.
You can show your Green Pass in paper format, or on your smartphone via apps like IO, or your regional Salute app (like Salute Lazio). A QR code indicating your situation will show up on the app automatically — a maximum of a couple of days after your vaccine, or you will be prompted to download it. The validity of the Green Pass will be cut from 9 to 6 months from the 1st of February 2022.
The Green Pass has been the result of several acts passed during recent months. The government did so partly to assess the impact of its measures on the evolution of the pandemic and partly to gain political support for the more incisive legislative initiatives that it gradually implemented.
Restaurants in Italy are open, with health measures in place. A green certificate (health pass) is required to dine indoors. A green certificate is required to use public transportation.
What is the Reinforced/Super Green Pass?
The super green pass is a reinforced Green Pass which applies only to those who have been vaccinated or recovered, and it does not account for negative Covid test results. You need the super green pass for the following activities or indoor venues (also insideless populated “white” zones):
• indoor restaurants / bars / clubs (including counter service consumption);
• museums / cinemas / theatres;
• gyms / swimming pools / wellness centers / spas;
• sports events / group sports;
• cultural and social centers;
• theme parks / casinos / game rooms;
• public ceremonies.
This means that those who have not been vaccinated or recovered will not be able to access such services/venues anymore.
(d) Workplaces
The law requiring vaccination against COVID-19 applies only to limited categories of workers, substantially consisting of two groups.
The first group includes all those who perform health care jobs. This would include physicians, nurses, and pharmacists, but also obstetrics, medical radiology health technicians, orthopedic technicians, audiology technicians, cardiovascular physiopathology and perfusion technicians, dental hygienists, dietitians, and biomedical laboratory health technicians. The obligation applies regardless of the autonomous or employed status of those active in health care.
The second group includes all those who perform their activities in long-term-care facilities, senior living homes, nursing homes, care homes, rest homes, convalescent homes and similar facilities. In this case, the obligation to get vaccinated is not connected with the type of job but based on the place where the employees perform their work activities. Therefore, the scope of application is broader and less defined. This makes checks and enforcement of the law more difficult. For the time being, the managers of these covered facilities, as well as the employers of those who work there, have the obligation to ensure checks be performed, but more guidance from regulators is expected.
COVID-19 Green Pass Needed to Access Workplaces: The mandatory vaccination requirement for the two above-mentioned groups of professionals has been in place for some time now. As of Oct. 15, all individuals who perform their activities within a workplace need to have a valid COVID-19 Green Pass. Such obligation not only applies to all employees gathering in one place to work—for instance, the employees in an office—but also all those who access the same workplace to perform their activities, such as consultants and advisors, cleaners, and maintenance engineers.
A Green Pass is a certificate that an individual meets at least one of the following requirements:
▪ Vaccination against COVID-19, which enables an individual to have a valid Green Pass for 12 months;
▪ Recent negative testing against COVID-19. This Green Pass is valid for 48 or 72 hours, depending on the type of test;
▪ Certified recovery from COVID-19 within the past six months.
Employers are obligated to organize a system to comply with the law, including the designation and instruction of the individuals who verify that those attending the workplace have a valid Green Pass.
Also, the employers of staff members who access other companies' workplaces need to check that their employees have a valid Green Pass. Employees who do not have a valid Green Pass may not access a workplace, and the law provides they should be deemed absent from their job without a valid reason, and therefore without pay, until they obtain a valid Green Pass. All the measures outlined above come with sanctions for those who infringe.
(8) SPAIN
(a) Face Mask Rules
The use of face coverings is mandatory for anyone over the age of 6 years old on all forms of public transport in Spain and in many other indoor and outdoor public spaces, even when social distancing of 1.5 metres is observed. Face masks must cover the nose and mouth.
There are some exceptions to the use of face masks such as when practising sport, eating or drinking, or at the beach, however rules may vary between regions. While not mandatory, the use of face masks on children between 3 and 5 years of age is recommended.
As specific rules on the use of face masks may vary from one region to the next, you should refer to local authorities for advice. Penalties may be imposed if you do not comply. Those with respiratory problems or those unable to wear a mask due to other health conditions or disabilities are exempt.
(b) Traveling Restrictions
To be able to travel to Spain with the EU COVID Digital Certificate, you must meet the following requirements:
-Vaccination certificate: it has to be a complete course of a vaccine authorised by the EMA / WHO, and is valid starting 14 days after the last dose.
-Certificate of diagnostic test: a NAAT test (PCR/TMA/LAMP) with a negative result obtained in the 72 hours prior to arrival in Spain, or an antigen test carried out in the previous 48 hours.
-Certificate of Recovery: This certificate is valid from a minimum of 11 days after taking the first positive NAAT test until a maximum of 6 months after that date.
Children under 12 years of age are not required to present these certificates.
Social distancing measures and other public safety precautions should continue to be observed at all times while traveling to Spain.
(c) Vaccination Mandate ?
Earlier this year, the Parliament of the Autonomous Community (AC) of Galicia, Spain, passed Law 8/2021 amending the regional Health Act of Galicia (‘HAG’), in order to introduce, inter alia, the possibility to impose administrative fines on people who ‘unjustifiably refuse’ to comply with a mandate to be vaccinated against a given disease. This is the first-ever explicit legislative provision in Spain setting out sanctions for those opposing vaccination. On April 21, 2021, the Spanish Constitutional Tribunal declared an unconstitutionality appeal against the reform of the HAG admissible.
In spite of what the amended HAG suggests, for the time being, there is no statutory obligation to get vaccinated against Covid-19 or any other disease in Spain (neither under Spanish law nor under the laws of the Autonomous Communities). Quite the contrary: under Spanish legislation, vaccination is only voluntary and requires the patient’s prior, free, and informed consent (Article 5(2) of the Spanish Public Health Act).
(d) Workplaces
So far, Spain has not implemented any legal regulation addressing any requirements associated with employees being vaccinated for COVID-19. At the moment, the Spanish government is currently analyzing and assessing how the vaccination process would be structured on a general basis (i.e., unrelated to employment), but so far, there has been no legal regulation implemented yet.
Notwithstanding the foregoing, there might be two situations in which vaccination could be mandatory for the employees if previously negotiated with the employees’ legal representatives and always coordinated by the Health & Safety prevention service of the company. These situations would be the following:
- When the adoption of other preventive measures (such as social distancing, facemasks, gloves, etc.) are not sufficiently effective to protect the employees and the productive process of the company does not allow remote working.
- When the employee’s task is predominantly transnational displacement and the countries of destination require vaccination to enter into that country. In this case, the employee’s refusal to be vaccinated may lead to termination of employment (either due to ineptitude or disciplinary dismissal).
In addition, and only in very extreme cases, where COVID-19 represents a serious and imminent danger to the life of the employee and third parties, employers may be entitled to request compulsory vaccination before the courts by virtue of the Organic Law on Special Public Health Measures, referring to reasons of urgency and necessity. However, note that this would only apply in the most extreme cases as it could be the case of geriatric centers or health centers. Nevertheless, this is not a common practice in Spain, and it will not likely be the case for most employers.