• Make a Donation
  • Ask For Advice

Restriction on Non-Essential Travel from Third countries to the European Union and Schengen Extended until May 31

Benefit from a Lawyer Smart Card. www.lawyersmartcard.eu

Posted in: On the Road, Travel,
Author: Myra Cecilia Azzopardi
Tags: ,

Update June 5.

Order INT / 552/2021, of June 4, which modifies Order INT / 657/2020, of July 17, which modifies the criteria for the application of a temporary restriction of non-essential trips from third parties countries to the European Union and Schengen associated countries for reasons of public order and public health due to the health crisis caused by COVID-19.

Order INT / 657/2020, of July 17, which modifies the criteria for the application of a temporary restriction of non-essential travel from third countries to the European Union and Schengen associated countries for reasons of public order and public health Due to the health crisis caused by COVID-19, it includes a list of third countries whose residents are exempt from travel restrictions to Spain, as well as a set of specific categories of people also exempt from those restrictions, regardless of their location of provenance. The current moment recommends the introduction of a third criterion, related to vaccination.

At the same time, the modification of the aforementioned ministerial order is used to make certain clarifications about the category of students – exempt from restrictions – and to avoid possible confusion in the interpretation of the reinforced restrictions applicable to third countries for which the Ministry of Health originates It requires quarantine, and that they should not affect the beneficiaries of the right to free movement.
By virtue of it, I order:

Unique article. Modification of Order INT / 657/2020, of July 17, by which the criteria for the application of a temporary restriction of non-essential travel from third countries to the European Union and Schengen associated countries are modified for reasons of public order and public health due to the health crisis caused by COVID-19.

Article 1. Applicable criteria to deny entry for reasons of public order and public health due to the health crisis caused by COVID-19.

1. For the purposes of the provisions of articles 6.1.e) and 14 of Regulation (EU) 2016/399 of the European Parliament and of the Council, of March 9, 2016, which establishes a Code of Union regulations For the crossing of people across borders (Schengen Borders Code), any third-country national will be subject to denial of entry, for reasons of public order or public health, unless they belong to one of the following categories:

a) Ordinary residents of the European Union, Schengen Associated States, Andorra, Monaco, The Vatican (Holy See) or San Marino who go to that country, providing documentary proof of it.
b) Holders of a long-stay visa issued by a Member State or Schengen Associated State who are heading to that country.

c) Health professionals, including health researchers, and elderly care professionals who are heading to or returning from their work activity.

d) Transport personnel, seafarers and aeronautical personnel necessary to carry out air transport activities.

e) Diplomatic and consular personnel, of international organizations, military, civil protection and members of humanitarian organizations, in the exercise of their functions.

f) Students who carry out their studies in the Member States or Schengen Associated States and who have the corresponding permit or visa for long-term stay, provided that they go to the country where they are studying, and that the entry occurs during the academic year or the previous 15 days. If the destination is Spain and the duration of the stay is up to 90 days, it must be proven that the studies are carried out in an authorized teaching center in Spain, registered in the corresponding administrative registry, following a full-time program during this phase and in person, and that leads to obtaining a degree or certificate of studies.

g) Highly qualified workers whose work is necessary and cannot be postponed or carried out remotely, including participants in high-level sports events that take place in Spain. These circumstances must be justified by documentary evidence.

h) Persons traveling for duly accredited imperative family reasons.

i) People who document reasons of force majeure or need, or whose entry is allowed for humanitarian reasons.

j) Residents of third countries listed in the annex provided that they come directly from them, have transited exclusively through other countries included in the list or have only carried out international transits at airports located in countries not listed in the annex. In the case of residents of China, Hong Kong Special Administrative Region (SAR) and Macao SAR, reciprocity remains to be verified.

k) Persons provided with a vaccination certificate that the Ministry of Health recognizes for this purpose, after verification by the health authorities, as well as accompanying minors to whom the Ministry of Health extends the effects.

Any national of a third country, even if they belong to one of the previous categories, who, after verification by the health authorities, does not meet the health control requirements for COVID-19 will be subject to denial of entry for public health reasons. establish the Ministry of Health.
In the case of people arriving at any airport located in the Kingdom of Spain, with or without intermediate stopovers, on flights from airports located in third countries, who are subject to quarantine by Order of the Ministry of Health, while that order is in force. In force, only the exceptions set forth in letters d), e) and i) will be applicable, except in the case of persons residing in Spain or Andorra, or spouses of Spanish citizens or couples with whom they maintain a union similar to that of spouse registered in a public registry, or those ascendants and descendants who live under their care, provided they travel with or to meet with the Spanish citizen.

2. In order not to have to resort to the administrative procedure of denial of entry in the cases provided for in the previous section, we will collaborate with the carriers and the authorities of the neighboring States so that the trip is not allowed.

3. The provisions of the preceding paragraphs shall not apply at the land border with Andorra or at the control post of persons with the territory of Gibraltar.

4. Airport transits that do not involve crossing the external border will not be modified by the provisions of this order.

5. All the foregoing must be understood without prejudice to the provisions of Spanish and European Union regulations on international protection ”.
Unique final provision. Effects.

This order will take effect from 00:00 hours on June 7, 2021.

————————————————————————

Council Recommendation (EU) 2020/912, of June 30, on the temporary restriction of non-essential travel to the European Union and the possible lifting of said restriction, established a list of third countries whose residents were exempt from the restrictions travel to the European Union, as well as a set of specific categories of people also exempt from these restrictions, regardless of their place of origin. This Recommendation has been modified on successive occasions to adapt the list of third countries to the epidemiological circumstances, or to modify the criteria for preparing said list.

The effectiveness of Order INT / 657/2020, of July 17, is hereby extended until May 31.

Additionally, it is necessary to face the risk derived from new variants and from the epidemiological situation suffered by some third countries, which has forced the Ministry of Health to establish the quarantine measure for people arriving on flights from any airport located in those countries to any airport located in the Kingdom of Spain, with or without intermediate stops. This restriction currently affects the Federative Republic of Brazil, the Republic of South Africa, the Republic of Botswana, the Union of Comoros, the Republic of Ghana, the Republic of Kenya, the Republic of Mozambique, the United Republic of Tanzania, the Republic of Zambia, the Republic of of Zimbabwe, the Republic of Peru and the Republic of Colombia,

In modification to the above order,The following paragraph is added:

«In the case of people arriving at any airport located in the Kingdom of Spain, with or without intermediate stops, on flights from airports located in third countries, who are subjected to quarantine by Order of the Ministry of Health, while that order is in force, only the exceptions set forth in letters d), e) and i) will be applicable, except in the case of persons residing in Spain or Andorra, or Spanish citizens and their spouse or partner with whom they maintain a union similar to the conjugal registered in a public registry, and those ascendants and descendants who live under their charge, provided that they travel with or to meet with him ».

The sole final provision is drawn up as follows:

«This order will take effect from 24:00 hours on July 22, 2020 until 24:00 hours on May 31, 2021, without prejudice to its eventual modification to respond to a change in circumstances or new recommendations in the field of the European Union.

Notwithstanding the foregoing, the provisions of the last paragraph shall take effect from 00:00 on May 1, 2021.

Any third-country national will be subject to denial of entry, for reasons of public order or public health, unless they belong to one of the following categories:

a) Ordinary residents of the European Union, Schengen Associated States, Andorra, Monaco, The Vatican (Holy See) or San Marino who go to that country, accrediting it with documentation.

b) Holders of a long-term visa issued by a Member State or Schengen Associated State who are heading to that country.

c) Health professionals, including health researchers, and elderly care professionals who are going to or returning from their work activity.

d) Transport personnel, seafarers and aeronautical personnel necessary to carry out air transport activities.

e) Diplomatic, consular, international organisations, military, civil protection and members of humanitarian organisations, in the exercise of their functions.

f) Students who carry out their studies in the Member States or Schengen Associated States and who have the corresponding permit or visa and medical insurance, provided that they go to the country where they are studying, and that the entry occurs during the academic year or the 15 days prior.

g) Highly qualified workers whose work is necessary and cannot be postponed or carried out remotely, including participants in high-level sports events that take place in Spain. These circumstances must be justified by documentary evidence.

h) Persons traveling for duly accredited imperative family reasons.

i) People who document reasons of force majeure or need, or whose entry is allowed for humanitarian reasons.

j) Residents in the countries that appear in the annex provided that they come directly from them, have transited exclusively through other countries included in the list or have only carried out international transits in airports located in countries that are not included in the annex. In the case of the residents of Algeria, China and Morocco, reciprocity remains to be verified. By resolution of the titular person of the Ministry of the Interior, this annex may be modified.

2. In order not to have to resort to the administrative procedure for denial of entry in the cases provided for in the previous section, we will collaborate with carriers and the authorities of neighbouring States so that the trip is not allowed.

3. The provisions of the preceding paragraphs shall not apply at the land border with Andorra or at the control post of persons with the territory of Gibraltar.

4. Airport transits that do not involve crossing the external border will not be modified by the provisions of this order.

5. All of the above must be understood without prejudice to the provisions of Spanish and European Union regulations on international protection.

Third countries and special administrative regions whose residents are not affected by the temporary restriction of non-essential trips to the EU through the external borders in the terms set out in this Order:

I. Estados:
1. Australia.
2. Japón.
3. Nueva Zelanda.
4. Ruanda.
5. Singapur.
6. Corea del Sur.
7. Tailandia.
8. Uruguay.
9. China.
II. Regiones administrativas especiales de la República Popular China:
RAE de Hong Kong.
RAE de Macao.

Spain Travel Health Information

Published May7.

First. Extension of the Agreement of the Council of Ministers of February 2, 2021.
The effectiveness of the provisions contained in the Agreement of the Council of Ministers of February 2, 2021, which establishes exceptional measures to limit the spread and contagion by COVID-19, by limiting flights between the Federative Republic of Brazil and the Republic of South Africa and Spanish airports, from 00:00 on May 11, 2021 (Peninsular time) to 00:00 on May 25, 2021 (Peninsular time).

Second. Qualification.
The Ministry of Health may lift, in general, the limitations provided for in this Agreement, at any time prior to the end of the extension, for justified reasons.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

How Can Citizens Advice Bureau Spain Benefit You?

As an expatriate living in Spain; do you find that the Spanish bureaucratic system can be disconcerting? Have you discovered that the simplest of transactions are difficult to conclude? Find yourself searching for answers to problems only to discover that there is nowhere where you could find a solution? I am assuming that the answer is yes and that is why should be a member of our web site if you arent already.
Lost in Spanish bureaucracy?
Touch here.
Partner Logo
Spain info Card Benefits