It is important to remember that since 19 and 20 March 2020, the bans on the movement of goods vehicles with a gross vehicle weight of more than 7.5 tonnes, as provided for in articles 1, 2 and 3 of the aforementioned Order of 2 March 2015, have been lifted. However, the compulsory breaks remain in place.
Following the European Commission’s new publications dated 23 and 30 March 2020, new practical guidelines on border management have been proposed.
Member States should allow workers to enter the territory of the host Member State and to have free access to their place of work if they work, in particular, in one of the following professions providing services of general utility:
- health professionals, including paramedical practitioners;
- care assistants, including childminders, care assistants for the disabled and care assistants for the elderly;
- scientists in health-related industries;
- workers in the pharmaceuticals and medical devices industry;
- workers involved in the supply of goods, and in particular in the supply chain for medicines, medical supplies, medical devices and personal protective equipment, including their installation and maintenance;
- information and communications technology specialists;
- Information and communications technicians and other technicians for essential equipment maintenance;
- technical specialists such as engineers, energy technicians and electrical technicians;
- people working on critical or other essential infrastructures;
- intermediate occupations in science and technology (including drinking water technicians);
- protection and security services personnel;
- firefighters/police officers/prison guards/security officers/civil defence personnel;
- workers in the food manufacturing and processing sector, and associated sales and maintenance staff;
- food and related product machine operators (including food production operators);
- transport workers (8), and in particular:
- car, van and motorbike drivers (9), lorry and bus drivers (including bus and tram drivers) and ambulance drivers, including those transporting aid offered under the Union’s civil protection mechanism and those transporting EU citizens repatriated from another Member State to their place of origin;
- airline pilots;
- train drivers, rolling stock inspectors, maintenance workshop staff and infrastructure managers responsible for managing traffic and allocating capacity;
- maritime and inland waterway workers
- fishermen;
- staff of public institutions and international organisations performing critical functions.
Member States should treat seasonal workers in the same way as workers in the above-mentioned critical professions.
Similarly, Member States should allow such workers to continue to cross their borders to work as long as the host Member State still allows work in the sector concerned.
With regard to possible changes in the worker’s Member State of insurance and in view of Article 16 of Regulation (EC) No 883/2004, Member States will be able to maintain unchanged social security cover for the worker concerned.
CAUTION: For the time being, these are only recommendations to the Member States.
Concerning border crossing points
Member States are invited to designate all relevant border crossing points on the entire trans-European transport network for the establishment of reserved lanes. These crossing points should be open to all goods vehicles, whatever the goods being transported.
Member States are also asked to coordinate their efforts to avoid duplication of medical screening for the coronavirus. Health checks should only be carried out on one side of the border and should not require workers to leave their vehicles.
In the interests of fluidity and reducing waiting times, health checks and screenings should not take more than 15 minutes under these conditions.
In addition, a platform has been set up by the European Commission to provide information on the national transport measures taken by the various Member States.
Under these specific conditions, medical screening for frontier workers and posted workers must be carried out under the same conditions as for national workers in the same professions.
Quote from Adina Vălean, Commissioner for Transport:
The EU transport network serves the whole of the EU. Our policy paper aims to protect the EU’s supply chains in these difficult circumstances and to ensure that both transport workers and goods can reach their destination, as necessary – without delay. Today, it is more important than ever to adopt a collective and coordinated approach to cross-border transport. Reserved lanes are also specifically designed to protect transport workers, who are on the front line during this crisis. This set of recommendations will make their already stressful job easier and increase safety and predictability in the performance of their duties.
