title: Commission Recommendation (EU) 2020/1365 of 23 September 2020 on cooperation among Member States concerning operations carried out by vessels owned or operated by private entities for the purpose of search and rescue activities

text:
               1.10.2020

               EN

               Official Journal of the European Union

               L 317/23

      COMMISSION RECOMMENDATION (EU) 2020/1365
      of 23 September 2020
      on cooperation among Member States concerning operations carried out by vessels owned or operated by private entities for the purpose of search and rescue activities
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
      Whereas:

                  (1)

                  Providing assistance to any persons found in distress at sea is a legal obligation of Member States established in international customary and conventional law, in particular the International Convention for the Safety of Life at Sea (SOLAS Convention,1974), the United Nations Convention of the Law of the Sea (UNCLOS, 1979), and the International Convention on Maritime Search and Rescue (SAR Convention, 1979), as well as Union law. The European Union is a contracting Party to UNCLOS.

                  (2)

                  Since 2014, thousands of people have been attempting to cross the Mediterranean to reach Europe, requiring a multifaceted response by the European Union and its Member States with a view to avert loss of life, improve migration management, address the root causes of irregular migration and disrupt organised crime groups of migrant smugglers and traffickers in human beings.

                  (3)

                  While irregular migration to the EU has decreased in the last 2 years and fewer lives have been lost at sea, the risky use of small, unseaworthy vessels in the Mediterranean remains a feature of the migratory landscape, continuing to fuel organised crime and causing unacceptable deaths. According to the International Organization for Migration, the total deaths in the Mediterranean so far in 2020 exceed 500, with over 1 880 in 2019 and over 20 300 overall since 2014, making in particular the Central Mediterranean route to Europe the deadliest worldwide.

                  (4)

                  Since 2015, search and rescue capacity, coordination, and effectiveness in the Mediterranean have been enhanced considerably in response to the migratory crisis, including with significant contributions from coastal states and the increased involvement of private and commercial vessels. The EU and the Member States have reinforced their capacity in the Mediterranean, including through national operations and operations led by the European Border and Coast Guard Agency (Frontex), such as Themis (formerly Triton), Poseidon and Indalo, as well as, previously, the EU naval operation EUNAVFOR MED Sophia, which have helped to rescue over 600 000 people at sea since 2015.

                  (5)

                  In this context, several non-governmental organisations (NGOs) have also been operating private vessels, mostly in the Central Mediterranean area, significantly contributing to the rescue of persons at sea, who are then brought to EU territory for safe disembarkation. As already stressed in the EU Action Plan against Migrant Smuggling (2015-2020) and further clarified in the Commission Guidance on the Facilitators Package (C(2020) 6470), there is a need to avoid criminalisation of those who provide humanitarian assistance to people in distress at sea, while ensuring that appropriate criminal sanctions against smugglers are in place.

                  (6)

                  In its resolution of 18 April 2018 on progress on the UN Global Compacts for Safe, Orderly and Regular Migration and on Refugees (2018/2642(RSP)), the European Parliament called for greater search and rescue capacities for people in distress, for greater capacities to be deployed by all states, and for the support provided by private actors and NGOs in carrying out rescue operations at sea and on land to be acknowledged.

                  (7)

                  Search and rescue operations in emergency situations require coordination and rapid disembarkation in a place of safety, and respect for the fundamental rights of rescued people, in conformity with the EU Charter of Fundamental Rights obligations, including the principle of non-refoulement, and with customary and conventional international human rights and maritime law, including the International Maritime Organisation (IMO) Maritime Safety Committee (MSC) Guidelines on the treatment of persons rescued at sea.

                  (8)

                  A new form of search and rescue operations in the European maritime landscape has emerged in recent years whereby vessels operated by NGOs in the Central Mediterranean Sea have been engaged, as their predominant activity, in search and rescue operations, which they have performed under the coordination of national Maritime Rescue Coordination Centres or on their own initiative. In many cases, these vessels conducted consecutive rescue operations before disembarking those rescued at a place of safety.

                  (9)

                  Migrant smuggling by sea is a criminal offence, which may put people’s lives at risk and is sanctioned both under European and international law. The European Union and its Member States are contracting Parties to the United Nations Convention against Transnational Organised Crime (UNTOC) and the Protocols thereto, including the Protocol against the Smuggling of Migrants by land, sea and air, supplementing the UNTOC. In this context, it is essential to avoid a situation in which migrant smuggling or human trafficking networks, including criminal organisations trafficking people or engaging in forms of exploitation assimilated to slavery, take advantage of the rescue operations conducted by private vessels in the Mediterranean.

                  (10)

                  It is recalled that the SAR Convention obligates contracting parties to participate in the development of search and rescue services and to take urgent steps to ensure that the necessary assistance is provided to any person who is, or appears to be, in distress at sea; the relevant parties should coordinate and cooperate so that those assisted are disembarked from the assisting ship and delivered to a place of safety as soon as reasonably practicable. In line with the IMO Guidelines on the treatment of persons rescued at sea, the selection of a place of safety for disembarkation should take into account a variety of important factors and the particular circumstances of each case. Among others, the need to avoid disembarkation in territories where the lives and freedoms of those alleging a well-founded fear of persecution would be threatened should be taken into account in the case of asylum-seekers and refugees recovered at sea. Moreover, the IMO Guidelines require responsible State authorities to make every effort to expedite arrangements to disembark survivors from the ship, while underlining that in some cases the necessary co-ordination may result in unavoidable delays.

                  (11)

                  The regular presence of NGO vessels carrying out search and rescue activities in the Mediterranean triggers specific operational needs of enhanced coordination and cooperation between the vessels carrying rescued persons and national authorities, and concerns Member States in different ways: some are the States which coordinate the search and rescue operations; some are those which receive the rescued persons, who are disembarked on their territory; some are those where the non-governmental organisations are legally established; and others are those where the vessels used in the search and rescue activities have obtained their flag.

                  (12)

                  Private vessels engaged in rescue efforts in the Mediterranean are involved in complex and often recurring search and rescue operations, which may concern large numbers of people in relation to the vessel capacity and involve a broad range of actors, from rescue to the disembarkation. It is therefore a matter of public policy, including safety, that these vessels be suitably registered and properly equipped to meet the relevant safety and health requirements associated with this activity, so as not to pose a danger to the crew or the persons rescued. These activities need to take place in a coordinated framework, through reinforced cooperation and coordination between private operators and national authorities.

                  (13)

                  The continued disembarkations of rescued people in coastal Member States have direct consequences on their migration management systems and place increased and immediate pressure on their migration and asylum systems, including on their reception and processing capacity.

                  (14)

                  In addition to other initiatives, on 4 July 2017 the Commission adopted an ‘Action plan on measures to support Italy, reduce pressure along the Central Mediterranean route and increase solidarity’, which included the development by Italy, of a code of conduct for NGOs carrying out search and rescue activities in the Mediterranean, in consultation with the Commission and on the basis of a dialogue with NGOs.

                  (15)

                  Beyond coordination efforts established so far, including under the Shared Awareness and De-confliction in the Mediterranean (SHADE MED) forum set up by the EU naval Operation Sophia, there remains a need to address the specificity of the search and rescue practice which has arisen in the Mediterranean over the past years by setting up a more structural, reliable and sustainable framework, in line with EU competences and relevant international standards. This framework should lay down specific rules for solidarity between Member States, and address the need for reinforced cooperation among in particular the flag and costal Member States. Cooperation with private entities that own or operate vessels for the purpose of carrying out search and rescue activities and bringing rescued people into EU territory is also necessary; such a framework should also aim to provide appropriate information as regards the operations and the administrative structure of these entities, in line with the principle of proportionality and the EU Charter of fundamental rights, and enhance safety, in compliance with the applicable international legislation in the interests of all those on board.

                  (16)

                  The Commission will establish an interdisciplinary Contact Group in which Member States can cooperate and coordinate activities in order to implement this Recommendation. The Group will compile an overview of national rules and practices, identify lessons learnt, assess the possibility to create improved means of cooperation between the flag and coastal states with regard to their tasks and responsibilities, and develop best practices which would reflect the needs ensuing from the search and rescue operations as they have developed over the past years. It will liaise regularly with relevant stakeholders, including EU agencies, notably Frontex, and, as appropriate, non-governmental organisations carrying out search and rescue activities in the Mediterranean, academics and international organisations, such as the IMO, in order to exchange knowledge and maintain coherence of activities with the international legal and operational framework. Member States should provide the Commission with all relevant information on the implementation of this Recommendation. The Contact Group will monitor the implementation of the Recommendation and issue, once a year, a report to the Commission.

                  (17)

                  The Commission will take into account the work of the Contact Group and the implementation of this Recommendation when developing the European Asylum and Migration Management Strategy and the annual Migration Management Reports set out in the Asylum and Migration Management Regulation, as appropriate. On this basis, the Commission will also assess and recommend future initiatives, as needed.

                  (18)

                  This Recommendation is without prejudice to any duty of cooperation and any other obligation stemming from relevant international and Union law,

            HAS ADOPTED THIS RECOMMENDATION:

                  1.

                  Member States should cooperate with each other in relation to operations carried out by privately owned or operated vessels for the purpose of search and rescue activities, with a view to reducing fatalities at sea, maintaining safety of navigation and ensuring effective migration management in compliance with relevant legal obligations.
                  In particular, flag and coastal Member States should exchange information, on a regular and timely basis, on the vessels involved in particular rescue operations and the entities that operate or own them, in accordance with international and Union law, including the EU Charter of Fundamental Rights and the protection of personal data.

                  2.

                  Member States should cooperate with each other, and with the Commission, in particular through its Contact Group, liaising with all relevant stakeholders, including as appropriate private entities owning or operating vessels for the purpose of carrying out search and rescue activities, with a view to identifying best practices and take any necessary actions to ensure:

                              (a)

                              increased safety at sea; and

                              (b)

                              the availability to the competent authorities of all information that they require to monitor and verify compliance with standards for safety at sea as well as relevant rules on migration management.

                  3.

                  Member States should provide the Commission with any relevant information on the implementation of this Recommendation, at least once a year, by 31 March of the year following the reference year.

         Done at Brussels, 23 September 2020.

               For the Commission

            Ylva JOHANSSON

               Member of the Commission


title: Commission Recommendation (EU) 2020/1366 of 23 September 2020 on an EU mechanism for preparedness and management of crises related to migration

text:
               1.10.2020

               EN

               Official Journal of the European Union

               L 317/26

      COMMISSION RECOMMENDATION (EU) 2020/1366
      of 23 September 2020
      on an EU mechanism for preparedness and management of crises related to migration
      (Migration Preparedness and Crisis Blueprint)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
      Whereas:

                  (1)

                  The refugee crisis of 2015 exposed weaknesses and gaps in EU and national migration crisis management systems as well as a lack of capacity and tools available to the Member States most under pressure. The crisis disclosed the need to act on several fronts simultaneously, in the third countries of origin, transit and/or destination, at the EU external borders and in other Member States under pressure.

                  (2)

                  The measures undertaken by the Union and the Member States after the 2015 refugee crisis targeted multiple policy, legislative, operational and financial needs and aimed at improving the sustainability of migration management. These unprecedented efforts, entailing measures at a national, international and EU level contributed to a successive reduction in irregular arrivals year after year, eventually reaching in 2019 the lowest level in six years.

                  (3)

                  The situation at the external borders remains however highly volatile and further improvements are needed in order to be better prepared to withstand potential large-scale migration crises. In addition, migrants engaging in unauthorised movements and submitting asylum applications in several Member States may constitute a severe burden to the national asylum systems.

                  (4)

                  To avoid the emergence of seemingly uncontrolled migration flows arriving to the EU as in 2015 and to ensure the effective functioning of national migration systems, it is necessary to consolidate the operational cooperation developed so far by establishing a framework supporting a more coordinated use of the relevant legislation. The establishment of such a framework would contribute significantly to ensuring that Member States and the Union develop the resilience necessary to deal efficiently with any type of migration crisis. In addition, the migration situation should be monitored regularly in order for decisions to be taken on the basis of a full situational picture wherever possible. This process should be based on the experience acquired after the 2015 refugee crisis in monitoring the migration situation including with the issuance of the Integrated Situational Awareness and Analysis (ISAA) reports under the Council’s Integrated Political Crisis Response (IPCR) relevant activation.

                  (5)

                  In order to strengthen the Union and Member States’ resilience, all stakeholders, including Member States through bilateral channels, should continue to actively engage in conflict prevention and resolution as well as to keep each other alerted of a potential crisis in a third country, which could lead to a migration crisis within the EU. All relevant EU tools in line with their legal frameworks and main objectives should be used to support partner countries in building their capacities and in addressing such crises, before their impact reaches the EU while reinforcing migration policy objectives.

                  (6)

                  An effective operational response to a migration crisis is dependent on the preparedness of individual Member States and their capacity to deploy the requisite equipment and resources as well as on coordinated action supported by existing Union structures. It further requires all relevant actors to cooperate swiftly and effectively. An effective and timely crisis management mechanism relies therefore on the existence of previously established crisis cooperation procedures in which the roles and responsibilities of the key actors at national and Union level are clearly defined.

                  (7)

                  A structured migration management mechanism is necessary, with real-time monitoring, early warning and a centralised, coordinated EU response to mobilise structures, tools, human and financial resources as needed, across EU institutions and agencies and in cooperation with Member States.

                  (8)

                  Regulation (EU) 2019/1896 of the European Parliament and of the Council (1) on the European Border and Coast Guard has set out the shared responsibility of the European Border and Coast Guard Agency (Frontex) and of the Member States’ competent authorities for the implementation of the European integrated border management. It also requires ensuring situational awareness and provides for integrated planning for European integrated border management, including contingency planning.

                  (9)

                  The Migration Preparedness and Crisis Blueprint guiding principles should be: anticipation, solidarity and fair sharing of responsibility, coordination, timely reaction and flexible resource allocation.

                  (10)

                  The Migration Preparedness and Crisis Blueprint core purpose is to ensure on the one hand situational awareness and better preparedness, and on the other hand effective governance and timely response.

                  (11)

                  The Migration Preparedness and Crisis Blueprint should provide an operational framework for monitoring and anticipation of migration flows and migration situations, building resilience as well as organising a coordinated response to a migration crisis. These objectives reflect the two key stages outlined in the Migration Preparedness and Crisis Blueprint, monitoring and preparedness on the one hand and crisis management on the other.

                  (12)

                  For the purpose of the Migration Preparedness and Crisis Blueprint, a migration crisis should be defined as any situation or development occurring inside the EU or in a third country having an effect and putting particular strain on any Member State’s asylum, migration or border management system or having such potential. This includes and goes beyond the circumstances defined in Article 1(2) of the proposal for a Regulation addressing situations of crisis and force majeure in the field of migration and asylum or the circumstances defined in Article 2(w) of the proposal for a Regulation on Asylum and Migration Management.

                  (13)

                  The Migration Preparedness and Crisis Blueprint is consistent with and complementary to the established EU crisis management mechanisms notably the Union Civil Protection Mechanism (UCPM) including its Emergency Response Coordination Centre (ERCC), the Council’s Integrated Political Crisis Response (IPCR) arrangements, the Commission’s ARGUS and the EEAS Crisis Response Mechanism (CRM), which may be activated concomitantly or after the activation of the Migration Preparedness and Crisis Blueprint in its crisis management stage. The Migration Preparedness and Crisis Blueprint aims at supporting the interaction and cooperation of these general crisis mechanisms by ensuring that they are provided with up-to-date information on the crisis situation.

                  (14)

                  While the Migration Preparedness and Crisis Blueprint builds on the relevant existing legislation, it is also designed to support the implementation of the new instruments as proposed by the Commission including a Regulation on Asylum and Migration Management and a Regulation addressing situations of crisis and force majeure in the field of migration and asylum.

                  (15)

                  In its monitoring and preparedness stage, the Migration Preparedness and Crisis Blueprint should provide for a number of steps that ensure regular situational awareness and early warning/forecasting as well as help to prepare the annual migration management report issued by the Commission in accordance with Article 6 of the proposal for a Regulation on Asylum and Migration Management. The situational awareness provided by the Migration Preparedness and Crisis Blueprint might inter alia allow the Presidency of the Council to deescalate the current IPCR activation for migration crisis. In its crisis management stage, the Migration Preparedness and Crisis Blueprint should ensure that up-to-date comprehensive information on the migratory situation is available to all actors allowing to take timely decisions and that the implementation of those decisions is monitored and coordinated properly.

                  (16)

                  To make the Migration Preparedness and Crisis Blueprint a reality, the Member States, the Council, the Commission, the European External Action Service (EEAS), the European Asylum Support Office (EASO), the European Border and Coast Guard Agency (Frontex), the European Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) and the European Union Agency for Fundamental Rights (FRA) should work together as an EU Migration Preparedness and Crisis Management Network (‘the Network’). The Network’s main objective should be to ensure the adequate exchange of information relevant for the two stages of the Migration Preparedness and Crisis Blueprint.

                  (17)

                  This Network should support monitoring and anticipation of migration flows, increase resilience and improve technical coordination of the response to the crisis, in full respect of the legislation in force and while using and complementing the existing tools.

                  (18)

                  The relevant third countries of origin, transit and/or destination should also be involved on an ad hoc basis, where possible, in the functioning of the Migration Preparedness and Crisis Blueprint. This involvement should contribute to efficient exchange of information as well as actions building adequate situational awareness on migration in those countries and their response to potential crises,

            HAS ADOPTED THIS RECOMMENDATION:

                  1.

                  In order to contribute to more efficient migration management by monitoring and anticipating migration flows, building resilience and preparedness as well as organising a response to a migration crisis, the Member States, the Council, the Commission, the European External Action Service (EEAS), the European Asylum Support Office (EASO), the European Border and Coast Guard Agency (Frontex), the European Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) and the European Union Agency for Fundamental Rights (FRA) (‘actors’) should cooperate within the framework of the ‘Migration Preparedness and Crisis Blueprint’.

                  2.

                  For that purpose, the actors should work together in an EU Migration Preparedness and Crisis Management Mechanism Network (‘the Network’) to support the implementation of the Migration Preparedness and Crisis Blueprint.

                  3.

                  The actors forming the Network should ensure the adequate exchange of information relevant for the two stages of the Migration Preparedness and Crisis Blueprint in full compliance with the legal provisions regarding their competences and responsibilities.

                  4.

                  During the first stage of the Migration Preparedness and Crisis Blueprint which should be activated permanently and continue during the second stage, the actors should provide timely and adequate information in order to establish the updated migration situational awareness and provide for early warning/forecasting, as well as increase resilience to efficiently deal with any type of migration crisis. The second stage should be applicable to any situation or development occurring inside the EU or in a third country having an effect and putting particular strain on any Member State’s asylum, migration or border management system or having such potential. The second stage includes and goes beyond the circumstances defined in Article 1(2) of the proposal for a Regulation addressing situations of crisis and force majeure in the field of migration and asylum or the circumstances defined in Article 2(w) of the proposal for a Regulation on Asylum and Migration Management.

                  5.

                  The Network should establish implementation guidelines with the aim of ensuring an efficient flow of information relevant for the functioning of the Migration Preparedness and Crisis Blueprint between the respective national and the EU crisis management mechanisms.

                  6.

                  Member States, the Council, the Commission, the European External Action Service (EEAS), the European Asylum Support Office (EASO), the European Border and Coast Guard Agency (Frontex), the European Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) and the European Union Agency for Fundamental Rights (FRA) should appoint a Point of Contact for the operationalisation of the Network.

                  7.

                  Points of Contact should regularly exchange information notably with a view to supporting the issuing by the Commission of periodic migration management reports as stipulated in Article 6(4) and situational reports as stipulated in Article 6 (6) of the proposal for a Regulation on Asylum and Migration Management.

                  8.

                  In line with the findings of the migration management reports and of the situational reports Member States should discuss the necessary measures to be taken. Such discussions should take place at technical, strategic and if necessary at political level in the relevant Council preparatory bodies or Council.

                  9.

                  The Commission, in agreement with a Member State confronted with a migration
                     crisis situation, as referred to in Recommendation 4, should inform the other Points of Contact in the Network of the situation in order to activate the crisis stage of the Migration Preparedness and Crisis Blueprint. The Point of Contact of the affected Member State should immediately provide the Commission’s Point of Contact with the necessary information as specified in the Annex.

                  10.

                  In such a crisis situation, the Point of Contacts should support the Commission by providing the necessary information and guidance and by coordinating measures responding to the crisis.

                  11.

                  Exchange of information within the network should occur via available communication channels including, where possible, the IPCR platform with its dedicated functionalities and in line with the implementation guidelines as referred to in Recommendation 5 above.

                  12.

                  The two stages of the Migration Preparedness and Crisis Blueprint should comply with governance and workflow as set out in the Annex.

         Done at Brussels, 23 September 2020.

               For the Commission

            Ylva JOHANSSON

               Member of the Commission

         (1)  Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).

         ANNEX
         This Annex spells out the principles, the main actors of the Migration Preparedness and Crisis Blueprint and describes in detail its functioning in the two stages.
         1.   PRINCIPLES AND ACTORS FOR THE TWO STAGES

            Principles

         In identifying the necessary measures and assigning responsibilities to the respective actors, the Migration Preparedness and Crisis Blueprint should operate on the basis of the following principles:

                     (i)

                        Anticipation: the migratory situation should be regularly monitored and decisions should be taken on the basis of a full and coordinated situational picture primarily with a view to prevention.

                     (ii)

                        Coordination: the response to the crisis should make use of measures from all relevant internal and external policy areas and by all involved actors under a coordinated and comprehensive approach.

                     (iii)

                        Timely reaction: measures should be undertaken as soon as they are needed, in order to prevent the situation from escalating.

                     (iv)

                        Flexible resources allocation: resources should be mobilised quickly by making full use of the flexibility by the relevant actors as allowed under different funding instruments.

                     (v)

                        Solidarity and fair sharing of responsibility as stipulated in Article 5 of the proposal for a Regulation on Asylum and Migration Management.

            Actors

         The actors involved in the implementation of the two stages of the Migration Preparedness and Crisis Blueprint are the following:

                     —

                     Member States including their liaison officers,

                     —

                     Council,

                     —

                     European Commission, including the staff posted in the field and in the EU Delegations as well as the European Migration Liaison Officers (EMLOs),

                     —

                     European External Action Service including the EU Delegations, relevant Common Security and Defence Policy missions and operations,

                     —

                     EU Agencies (EASO, Frontex, Europol, eu-LISA and FRA) including their liaison officers.

               2.   MONITORING AND PREPARDNESS STAGE (STAGE 1)
         (a)   Objective
         The objective of the Migration Preparedness and Crisis Blueprint in its monitoring and preparedness stage is to support a more coordinated use of the existing legislation by reinforcing and sharing common situational awareness between all actors involved, developing an early warning/forecasting system at EU level and supporting the development of the necessary resilience in Member States to efficiently deal with any type of migration crisis.
         The first stage of the mechanism aims to achieve the following core objectives:

                     —

                        Sharing situational awareness and early warning/forecasting. A timely and sufficiently comprehensive understanding of events and new trends by all relevant stakeholders should allow to monitor the situation and to be well prepared for a coordinated response when needed. New emerging problematic and critical situations should be anticipated in a timely manner. All actors should feed information and evidence into an early warning/forecasting system to be developed at EU level. Efforts towards the development of such a system should be coordinated by the Commission while building on the currently available and possible future instruments.

                     —

                        Supporting the development of resilience. A joint understanding of the situation, its drivers and the forecast should support Member States to focus their efforts for building up their capacities in case a new migration crisis arises.

               (b)   Governance
         The Commission, where necessary in cooperation with EEAS, should play a leading role in the monitoring and preparedness stage using all its assets including European Migration Liaison Officers, the Emergency Response Coordination Centre (ERCC) and available funds in accordance with their respective mandates, objectives and procedures. The Commission should chair the Network and provide the secretariat thereof, collect the information and provide the necessary reports and monitor the implementation of the measures to be undertaken by any actor.
         The Member States, EU Agencies and other actors should support the Commission in the above role, in particular by providing timely and accurate information, analysis and forecasts as well as assessment of their preparedness and contingency planning.
         The necessary discussions at technical, strategic and if necessary political level requiring measures in Member States should be undertaken in the relevant Council preparatory bodies on the basis of the findings of the Commission reports issued under this stage of the Migration Preparedness and Crisis Blueprint.
         In situations where the Council decides to issue operational conclusions and recommendations, the Network should support their implementation by exchanging the relevant information.
         (c)   Workflow

               Sharing situational awareness and early warning/forecasting

         The Commission should convene regular, at least quarterly, meetings or videoconferences of the Network. The frequency of such contacts should depend on the severity of the migratory situation as well as the issues identified through migration and contingency monitoring.
         Where relevant and feasible, representatives of the main third countries of origin, transit and/or destination as well as representatives of key international partners and stakeholders should be invited on an ad hoc basis to discussions of the Network focused on a particular migratory route with the aim of timely and regular information exchange on the migratory flows, smuggling activities and any other factors (including geopolitical, health, environmental, climatic, demographic or any other socio-economic factors) impacting asylum, migration or border management of the EU. The modalities of this contribution should be developed in consultation with the countries in question through the respective EU Delegations, in close coordination with the EEAS.
         Preparedness should be a key component of the migration dialogues with third countries, in particular in the EU’s neighbourhood, and should aim at establishing communication channels and identifying local actors, to be used and contacted in case of a crisis.
         Where possible, the Commission in cooperation with the EEAS should set up on an ad hoc basis dedicated videoconferences per migratory route with the main third countries of origin, transit and/or destination, and reinforce the similar videoconferences currently held. Those videoconferences should involve all other stakeholders, which are affected or have a clear interest in the migratory movements across a given migratory route. The structure of the videoconference should encourage substantial discussions in close cooperation with the EU Delegations for the benefit of all participants.
         All Points of Contact of the Network should provide information in order to help establish the necessary situational picture. The sharing of situational awareness includes data on migratory flows, information on reception, asylum and border management systems, relevant national developments in the field of migration in Member States and third countries, early warning/forecasting notifications, as well as cooperation actions with third countries. All Points of Contact should share challenges, shortcomings and response actions on the ground in the interest of a common situational picture at EU level. The exact functioning of the network should be detailed in Standard Operating Procedures.
         The Network should make full use of the available communication channels and platforms including, where possible, the IPCR platform with its dedicated functionalities. If the available tools are not sufficient, the Commission will consider improving its existing platforms or setting up a dedicated secured web-based platform ensuring the swift exchange of information within the Network.
         Based on these contributions, the Commission should issue situational reports – a Migration Situational Awareness and Analysis (MISAA) report with a frequency that should be decided by the Network during the monitoring and preparedness stage. The MISAA report should build upon the template and methodology of the Integrated Situational Awareness and Analysis (ISAA) report currently issued and developed during the IPCR activation for the 2015 refugee crisis and it will replace the ISAA report if the said IPCR is deactivated by the Presidency. Where possible, the actors should also share the information received from non-EU sources including third countries and international partners. The MISAA report should identify trends and possibly contain early warning/forecasts of flows allowing for the alerting of all actors and for their corrective measures. The MISAA report should be shared exclusively with the actors via the IPCR platform in full compliance with the rules for the access to this platform, with the respective involvement of the Emergency Response Coordination Centre.
         Member States should discuss the necessary measures to be taken and conclusions as identified in the MISAA report. Member States should carry out discussions at technical, strategical and if necessary political level in the respective Council preparatory bodies or Council meetings. The Council may issue operational conclusions and recommendations, which should be followed up by the relevant actors with the support of the Network.

               Supporting the development of resilience

         Building on the migration management reports and national strategies as foreseen by Article 6(4) and (6) of the proposal for a Regulation on Asylum and Migration Management and in order to enhance the resilience of the overall EU migration management, a migration contingency cycle should be set up.
         In line with Article 6(3) of the proposal for a Regulation on Asylum and Migration Management, Member States shall have national strategies in place to ensure sufficient capacity in place for the effective asylum and migration management which shall include information on how Member States are implementing the principles set out in the said Regulation and legal obligations stemming therefrom at national level. Those strategies shall include contingency planning at national level, while taking into account the contingency planning pursuant to relevant legislation including Articles 8(6) and 9(3), (5) and (6) of Regulation (EU) 2019/1896 (European Border and Coast Guard Agency) and the implementation of the European integrated border management as laid down by that Regulation.

            EU Agencies should report to the Commission on their capacities and contingency plans, as well as with any other reports that may be used by the Commission in this context.

            The EEAS should contribute on the external aspects of migration and its cooperation actions with third countries of origin, transit and/or destination.

            Third countries should be given the possibility to share their own migration strategies and contingency plans with the Commission or with the Network on a voluntary basis.
         On the basis of the above information and in accordance with Article 6(4) of the proposal for a Regulation on Asylum and Migration Management, the Commission will annually present a Migration Management Report setting out the likely evolution of the migratory situation and the preparedness of the Union and the Member States.
         Member States should discuss the findings of the annual migration management reports produced by the Commission in the appropriate fora.
         The Commission with the support of the other actors in the Network should provide a framework for monitoring the follow up to the findings of the annual migration management reports and should report on the progress achieved and the state of play in the following yearly cycle reporting.
         3.   MIGRATION CRISIS MANAGEMENT STAGE (STAGE 2)
         (a)   Objective
         The objective of the Migration Preparedness and Crisis Blueprint in its crisis management stage is to support a rapid, efficient and coordinated EU response to a migration crisis by providing timely and up-to-date information to the EU decision-makers on the unfolding operational situation as well as by supporting monitoring, coordination on the ground, and communication at technical level between all actors.
         (b)   Governance
         In the Crisis Management stage of the Migration Preparedness and Crisis Blueprint, and as long as the general EU crisis mechanisms (the Union Civil Protection Mechanism, Integrated Political Crisis Response, ARGUS and Crisis Response Mechanism) are not activated, the Migration Preparedness and Crisis Blueprint uses its framework including the Network and reporting mechanism in order to pursue its objective.
         Once the general EU crisis mechanisms are activated in line with their respective procedures and objectives, the role of overall crisis management including the necessary coordination among them should be ensured.
         During the activation of Stage 2, the activities of Stage 1 continue and are intensified.
         The Network, as activated and chaired by the Commission, should support the work of the general EU crisis mechanisms. The support should in particular focus on providing the situational awareness necessary for discussions and decisions within those mechanisms and by following up their implementation by the relevant actors. To this aim, the Network should meet regularly via videoconference and discuss all operational aspects of decisions taken within the general EU crisis mechanisms and report back to them.

            Member States crisis management centres if activated should ensure the adequate connection to the general EU crisis mechanisms, including the UCPM and its ERCC, as well as support the activity of their respective Point of Contact in the Network in line with the guidelines referred to in Recommendation 5.
         Where necessary and in complementarity to the meetings held in the Council under IPCR rules, further discussions could be undertaken in the relevant Council preparatory bodies or in the Council on the basis of the findings of the Commission’s situation reports.

            Each actor should take the necessary measures including those listed in the toolbox under letter (d) below.
         (c)   Workflow

                     1.

                     The crisis management stage of the Migration Preparedness and Crisis Blueprint can be triggered by the Commission in agreement with a Member State confronted with a migration crisis situation, as referred to in Recommendation 4.

                     2.

                     The Point of Contact of the Commission should inform the other Points of Contact in the Network (EU Presidency, Member States, Council, EEAS, EU agencies) of the decision to activate the Migration Preparedness and Crisis Blueprint in its crisis management stage.

                     3.

                     The Commission will immediately fully activate the Network in 24/7 mode and will convene an urgent meeting/videoconference of the Network in order to address at technical level the below points:

                                 (a)

                                 Exchange information on the situation;

                                 (b)

                                 Analyse options for a rapid, efficient and effective response;

                                 (c)

                                 Coordinate messages for public communication in coherence with the existing structures.

                                 (d)

                                 Coordinate the support on the ground.

                     4.

                     The affected Member State should activate its own contingency measures and make an initial assessment of needs that should be shared immediately with the Commission and the other members of the Network. This initial assessment should contain the following information:

                                 (a)

                                 The situation on the ground, the main driving factors and the forecast including possible consequences;

                                 (b)

                                 The current material, operational and financial capacities;

                                 (c)

                                 Implementation of the contingency measures;

                                 (d)

                                 The material, operational and financial needs to be provided by the relevant actors including other Member States or EU agencies.

                     5.

                     On the basis of the information gathered via the Network, the Commission should inform the Network providing in particular:

                                 (a)

                                 Situation overview including forecast and possible consequences; where possible, information from and on relevant third countries should be included.

                                 (b)

                                 Current capacities of the Member States and the third countries of origin, transit and/or destination affected by the crisis and current capacities of the EU and of other Member States to address the crisis;

                                 (c)

                                 Current level of EU and Member States’ assistance;

                                 (d)

                                 Assessment of the gaps and needs;

                                 (e)

                                 Possible action at EU institutions’, EU bodies’, EU agencies’ and Member States’ level out of the toolbox provided below.

                           When a Member State submitted a motivated request under Articles 2(1) or 6(1) of the proposal for a Regulation addressing situations of crisis and force majeure in the field of migration and asylum, the information gathered via the Network may support the Commission’s analysis and actions as foreseen by Articles 2 and 6 of that proposal.
                     When the Commission undertakes the assessment of a migratory situation in a Member State under Article 47 of the proposal for a Regulation on Asylum and Migration Management, the information gathered via the Network may support the Commission’s report on migratory pressure as foreseen by Article 48 of that proposal.
                     As regards civil protection assistance, the coordination between Member States should be ensured through the Emergency Response Coordination Centre.

                     6.

                     The Presidency of the Council could consider the necessity of convening an extraordinary Council meeting.

                     7.

                     The Network will plug into the work of the general EU crisis management systems after their activation by providing situational awareness and by exchanging the information necessary to monitor at a technical level the implementation of the necessary actions as agreed in the framework of those systems.

                     8.

                        Coordination in the Member States should be ensured in the relevant national crisis management mechanisms dealing with migration, with the involvement of all relevant national actors, in full consistency and coherence with the implementation of the Migration Preparedness and Crisis Blueprint, under the overall coordinating role of IPCR.

                     9.

                     In case the Union Civil Protection Mechanism is activated, the Emergency Response Coordination Centre (ERCC) of the Commission should ensure support to the rapid deployment of emergency support to requesting Member States and act as a coordination hub for civil protection assistance between all EU Member States and participating States. A 24/7 connection should be established between relevant Commission Services.

                     10.

                     Where relevant and possible, an enhanced monitoring mechanism in third countries should be set up with the deployment or activation of liaison officers from all actors in the main third countries of transit, origin and/or destination.

                     11.

                        Other sectoral crisis mechanisms
                        and tools should be activated depending on the needs as listed in the toolbox below.

                     12.

                     The Network should be fully activated 24/7 throughout the crisis.

                     13.

                     If the IPCR is activated, the regular migration monitoring will be ensured by ISAA reports, which will replace the MISAA reports for the length of the activation period. If IPCR is not activated, the MISAA reports issued by the Commission under the first stage of the Migration Preparedness and Crisis Blueprint will be continued on the basis of the relevant actors’ inputs gathered via the Network.

                     14.

                     The MISAA/ISAA reports issued by the Commission under this stage of the Migration Preparedness and Crisis Blueprint should be discussed in the relevant Council preparatory bodies or Council.

                     15.

                     The crisis management stage of the Migration Preparedness and Crisis Blueprint may be deactivated by the Commission at the request of [a] Member State[s] or on its own initiative once the situation that triggered the crisis is no longer present or once it is considered under control.

                     16.

                     The Commission, together with the Council, EEAS and the EU agencies should organise tailored training on procedures and tools used in migration crisis situations in order to enhance the knowledge and readiness of all relevant staff.

                     17.

                     All actors should regularly exercise their response to migration crises at national and European level and, when necessary, revise the current Migration Preparedness and Crisis Blueprint on the basis of lessons learnt.

               (d)   Toolbox
         The following measures constitute the toolbox to respond to a migration crisis in accordance with the relevant legislation.

            Measures in countries of origin, transit and/or destination

                     —

                     In addition to the on-going cooperation with third partners, the Commission coordinates, in cooperation with the EEAS, EU Delegations and Member States, with the main third countries of origin, transit and/or destination with a special attention to EU neighbouring countries, to support them to further improve their reception capacities and better manage migration flows, in particular protecting the borders and fighting against migrant smuggling, and enhance return cooperation,

                     —

                     The Commission, in cooperation with Member States and EEAS, provides for additional safe corridors and resettlement schemes in relevant third countries of origin, transit and/or destination.

                     —

                     The Commission cooperates with, and ensures synergies between, the main international organisations (notably the UNHCR and IOM) and key NGOs for appropriate complementary deployment of measures in the relevant country of origin, transit and/or destination.

                     —

                     The Commission reviews and activates, on the basis of the identified needs, the available funding under all relevant (internal and external) funding instruments including their emergency components where applicable in line with their legal frameworks and objectives. Joined-up thinking between instruments is essential to deal with protracted migration pressure.

                     —

                     In exceptional circumstances, the Commission explores the availability of additional resources to be mobilised on the basis of MFF provisions if the above funding is not sufficient.

                     —

                     The Commission considers in cooperation with Member States, joint use of funding from the EU and national budgets, pending a decision on their continuation in the future MFF period.

                     —

                     Where relevant and possible, the Commission, in conjunction with existing Member States’ arrangements, sets up an enhanced monitoring mechanism in third countries while using also the dedicated videoconferences per migratory route if established under the Migration Preparedness and Crisis Blueprint and with the deployment or activation of liaison officers in the main third countries of transit, origin and/or destination.

                     —

                     Where a status agreement has been concluded between the EU and a third country, Frontex deploys border management teams to support the relevant authorities of that third country in controlling its borders.

                     —

                     The EEAS activates its Crisis Response Mechanism, upon the occurrence of a serious situation or emergency concerning or involving the external dimension of migration, using the individual elements of the Crisis Response Mechanism, as appropriate: the Crisis Meeting, the Crisis Cell; the Crisis Platform; and the Task Force.

                     —

                     The EEAS Delegations, in close cooperation with the Commission, fulfil their respective roles before, during and after a crisis, including by providing situational awareness but also in carrying out the diplomatic, political, and operational response of the EU.

                     —

                     The EEAS mobilises functions of Integrated Approach for Security and Peace Directorate, Civilian Planning and Conduct Capability, Military Planning and Conduct Capability and the Common Security and Defence Policy missions with a view to updating whichever coordinating platform is appropriate as part of the situational awareness and preparedness (resilience) functions.

            Measures in Member States at the EU external borders

                     —

                     National contingency planning/measures on border management, reception and asylum are activated in Member States at the EU external borders.

                     —

                     Information on the operational situation, gaps and needs at the EU external borders are provided by Member States.

                     —

                     Upon request of a Member State at the EU external border, the Union Civil Protection Mechanism may be activated to provide the necessary assistance.

                     —

                     Border surveillance is stepped up so as to extend the coverage to the most affected areas, in cooperation with the Commission and the EU Agencies.

                     —

                     Frontex support is provided, at the request of Member States, to reinforce existing joint operations or to deploy Frontex rapid border intervention.

                     —

                     EASO deploys, in coordination with Member States, relevant staff and equipment to assist on reception and asylum.

                     —

                     Europol deploys, in coordination with Member States, its staff/equipment/liaison officers to perform security checks of arriving migrants.

                     —

                     Frontex supports return activities in coordination with Member States, by deploying return specialists and by organising and coordinating return operations by charter and scheduled flights including with return escorts and return monitors.

                     —

                     European Regional Task Forces (EURTF) are established by the Commission in Member States at the EU external borders as a framework to facilitate the exchange of information and to improve coordination among all stakeholders.

                     —

                     Hotspots and reception centres are established at the points of high pressure staffed by relevant national authorities and supported by the EU Agencies with the necessary migration and security information systems.

                     —

                     The Commission deploys staff to Member States at the EU external borders to assist in the coordination of the response actions.

                     —

                     The Commission, in coordination with Member States, agrees on key public crisis communication messages and makes use of the most effective communication tools, including the IPCR platform, to disseminate these messages and fight disinformation.

                     —

                     The Commission, in cooperation with the Member States, cooperates on a case by case basis with the main international organisations (notably the UNHCR and IOM) and key NGOs for proper complementary deployment of measures in Member States at the EU external borders.

                     —

                     The Commission makes available the projects on Assisted Voluntary Returns and Reintegration to be used by Member States.

                     —

                     The Commission reviews and activates, on the basis of Member States’ needs assessment, the available funding under all relevant (internal and external) funding instruments including their emergency components where applicable.

                     —

                     In exceptional circumstances, the Commission explores the availability of additional resources to be mobilised on the basis of the MFF provisions if the above funding is not sufficient.

                     —

                     The Commission considers joint use of funding from the EU and national budgets, in cooperation with Member States, pending a decision on their continuation in the future MFF period.

                     —

                     Assistance to Member States at the EU external borders via equipment, material, staff, deployment of specialised staff and voluntary relocation of migrants as well as contribution of staff to the EU agencies operations may be offered by Member States that are not under pressure.

                     —

                     Member States not under pressure may contribute financially to any additional financial solutions necessary to implement the emergency measures.

            Measures in other Member States under pressure

                     —

                     National contingency planning/measures on reception and asylum are activated in other Member States under pressure.

                     —

                     Information on the operational situation, gaps and needs are provided by other Member States under pressure.

                     —

                     Upon request of a Member State under pressure, the Union Civil Protection Mechanism is activated to provide the necessary assistance.

                     —

                     European Regional Task Forces (EURTF) are established by the Commission in other Member States under pressure as a framework to facilitate the exchange of information and to improve coordination among all stakeholders.

                     —

                     Frontex supports return activities in coordination with Member States, by deploying return specialists and by organising and coordinating return operations by charter and scheduled flights including with return escorts and return monitors.

                     —

                     EASO deploys, in coordination with Member States, relevant staff and equipment to assist on reception and asylum.

                     —

                     Europol deploys its staff/equipment/liaison officers to perform security checks of arriving migrants.

                     —

                     The Commission deploys staff to Member States under pressure to assist in the coordination of the response actions.

                     —

                     The Commission, in coordination with Member States, agrees on key public crisis communication messages and makes use of the most effective communication tools, including the IPCR platform, to disseminate these messages and fight disinformation.

                     —

                     The Commission, in cooperation with the Member States, cooperates with the main international organisations (notably the UNHCR and IOM) and key NGOs for proper complementary deployment of measures in other Member States under pressure.

                     —

                     The Commission makes available the projects on Assisted Voluntary Returns and Reintegration to be used by other Member States under pressure.

                     —

                     The Commission reviews and activates, on the basis of Member States’ needs assessment, the available funding under all relevant (internal and external) funding instruments including their emergency components where applicable.

                     —

                     In exceptional circumstances, the Commission explores the availability of additional resources to be mobilised on the basis of the MFF provisions if the above funding is not sufficient.

                     —

                     The Commission considers joint use of funding from the EU and national budgets, in cooperation with Member States, pending a decision on their continuation in the future MFF period.

                     —

                     Assistance to other Member States under pressure via equipment, material, staff, deployment of specialised staff and voluntary relocation of migrants as well as contribution of staff to the EU agencies operations may be offered by Member States that are not under pressure.

                     —

                     Member States not under pressure may contribute financially to any additional financial solutions necessary to implement the emergency measures.

            FIGURE 1

         This diagram presents in visualised way the multilevel construction of the Migration Preparedness and Crisis Blueprint.


title: Commission Recommendation (EU) 2020/1595 of 28 October 2020 on COVID-19 testing strategies, including the use of rapid antigen tests

text:
               30.10.2020

               EN

               Official Journal of the European Union

               L 360/43

      COMMISSION RECOMMENDATION (EU) 2020/1595
      of 28 October 2020
      on COVID-19 testing strategies, including the use of rapid antigen tests
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
      Whereas:

                  (1)

                  The COVID-19 pandemic continues to pose a major threat to public health. As outlined in the Commission Communication on short-term EU health preparedness for COVID-19 outbreaks (1), robust testing strategies and sufficient testing capacities are essential aspects of preparedness and response to COVID-19, allowing for early detection of potentially infectious individuals and providing visibility on infection rates and transmission within communities. Moreover, they are a prerequisite to adequate contact tracing to limit the spread through prompt isolation.

                  (2)

                  In line with Article 168(7) of the Treaty on the Functioning of the European Union (2), the definition of health policy as well as the organisation and delivery of health measures remain a national competence. EU Member States are thus responsible for deciding on the development and implementation of COVID-19 testing strategies, taking into consideration countries’ epidemiological and social situations.

                  (3)

                  In 2013, the EU adopted Decision No 1082/2013/EU of the European Parliament and of the Council (3) in order to improve preparedness and capacities across Europe and to strengthen its capacity to monitor, rapidly detect and coordinate responses to health threats. Together with Decision No 1082/2013/EU, various tools (4) were launched to support and coordinate Member States’ response planning and actions when faced with cross-border health threats.

                  (4)

                  A crucial element in the coordination of public health crises of Union relevance is the Health Security Committee (HSC). Its role is to reinforce the coordination of and sharing of best practice and information national preparedness and response planning, to promote the interoperability and intersectoral dimension of such activities, and to establish a mechanism for joint procurement of medical countermeasures.

                  (5)

                  On 15 July 2020, the Commission adopted the Commission Communication on short-term EU health preparedness (5), which aims at ensuring the EU’s short-term health preparedness in case of further COVID-19 outbreaks in Europe. One of the action areas included in this Communication is to achieve, via the HSC, EU level agreement for aligned testing strategies and methodologies.

                  (6)

                  The Council adopted a Recommendation on the gradual lifting of the temporary restrictions on non-essential travel into the EU on 30 June (6). This was done on the basis of a set of principles and objective criteria, including the health situation, the ability to apply containment measures during travel, reciprocity considerations and data from relevant sources such as the European Centre for Disease Prevention and Control (ECDC) and the World Health Organization (WHO).

                  (7)

                  The Health Security Committee reached an agreement on 17 September 2020 on ‘EU health preparedness: Recommendations for a common EU testing approach for COVID-19’ (7), setting out various actions for consideration by countries when updating or adapting their testing strategies. The Recommendations aim to achieve an agreement on a coherent approach to COVID-19 testing across Europe. Its content is based on the situation in European countries early September 2020 and the respective testing strategies and objectives implemented at that moment.

                  (8)

                  Member States should aim to avoid any travel bans. To safeguard the freedoms under the single market, any limitations should be applied in compliance with the general principles of Union law, in particular proportionality and non-discrimination, and should not extend beyond what is strictly necessary to safeguard public health.

                  (9)

                  On 13 October 2020, the Council adopted a Recommendation on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic (8), which sets out, among others, more clarity on the measures applied to travellers from higher-risk areas (testing and self-quarantine) providing clear and timely information to the public.

                  (10)

                  Effective testing plays a key role in ensuring the free movement of people and allowing the smooth functioning of the internal market. Since the outbreak of the COVID-19 pandemic, the field of diagnostic testing has been rapidly evolving and has underpinned the central role it plays in outbreak control. Recognising the importance of diagnostic tests, the EU is supporting its development through a number of EU Research and Innovation actions1. The accurate use of COVID-19 testing, in high volumes and by ensuring a rapid turn-around-time between the test request and result plays a significant role in reducing the spread of SARS-CoV-2. Currently, the most reliable methodology for testing of cases and contacts is the RT-PCR (reverse transcription polymerase chain reaction) based testing approach; such tests were among the earliest available when the pandemic reached the European continent.

                  (11)

                  However, while RT-PCR testing rates have increased across the EU, resulting in the identification of more COVID-19 positive cases, particularly among younger individuals who are showing mild symptoms or who are asymptomatic, laboratories are struggling to ensure that sufficient resources and capacities are in place to keep up with demands. Consequently, this has resulted in shortages of RT-PCR testing materials and longer testing turn-around-times, thereby limiting the effective implementation of mitigation measures as well as swift contact tracing. To mitigate these shortages, the Commission has organised a Joint Procurement of Laboratory equipment on 19 March already, including testing kits and reagents for RT-PCR tests, in which 20 Member States participated.

                  (12)

                  Despite the implementation of this Joint Procurement, Member States are faced again with problems of limited testing capacities and high testing turn-around-times, particularly in the current epidemiological context where Europe is experiencing a resurge in COVID-19 positive cases. In this context, Member States are increasingly turning to the possibility of using rapid or point of care tests (e.g. antigen tests), mostly in medical settings, and exploring their wider use. This new generation of faster and cheaper COVID-19 tests, allowing for a test result in often less than 30 minutes, are increasingly hitting the market.

                  (13)

                  The WHO published on 11 September 2020 interim guidance on the use of rapid antigen tests for COVID-19 detection (9), offering countries with advice on the potential role played by these tests and the need for careful test selection. As stressed by WHO, while the rapid antigen tests may offer helpful solutions for the diagnosis of SARS-CoV-2 infection in a range of settings and scenarios, their clinical performance is not (yet) optimal and caution should be exercised.

                  (14)

                  Among existing models, WHO recommends the use of rapid antigen tests that meet the minimum performance requirements of ≥ 80 % sensitivity and ≥ 97 % specificity, and should in particular be used when the availability of RT-PCR tests is temporarily limited or where prolonged turn-around-times preclude clinical utility. The use of rapid antigen tests for screening of individuals offers the potential for rapid identification of those individuals at greatest risk of spreading the infection, particularly in circumstances of high community transmission. Moreover, rapid antigen testing should be conducted by trained operators, in accordance with the manufacturer’s instructions and within the first 5-7 days following the onset of symptoms when viral loads are at their peak.

                  (15)

                  Several Member States (10) have started to use rapid antigen tests in practice and have included their use in their national COVID-19 testing strategies. Additionally, the majority of Member States is currently carrying out validation studies or pilots to assess the clinical performance of rapid antigen tests in specific settings and for the diagnosis of SARS-CoV-2 infection among certain target populations. The Health Security Committee agreed at its meeting on 19 October 2020 that it will develop a common position on the use of rapid antigen tests, addressing, amongst other elements, the application of these tests and the use of their results.

                  (16)

                  Particularly in the context of incoming travellers at airports, the use of rapid antigen tests has been assessed by the EU Healthy Gateways Joint Action (11). It provides, amongst others, an analysis of options for laboratory testing methods, the timing of testing of travellers, resources needed and practical arrangements at airports. This may also be relevant for travellers using other transport means.

                  (17)

                  Moreover, the Commission recently requested the European Centre for Disease Prevention and Control (ECDC) and the European Union Aviation Safety Agency (EASA) to develop a protocol for safer air travel, including a proposal for a common EU Health Safety testing protocol at airports. The protocol should include elements such as timing of tests, target population, types of test and possible implementation at airports, and could be further expanded to cover other transport modes. The development of testing strategies, based on validated technologies for the specific context and on available capacities, should also inform approaches on quarantine or other restrictions, e.g. the mutual recognition of test results could adequately mitigate the risk of case importation to a level equivalent to or below the prevailing risk within the destination region and therefore lead to lifting of quarantine or other restrictions

                  (18)

                  The development of testing strategies, based on validated technologies and available capacities, should also inform an EU policy on quarantine. The Commission has tasked the European Centre for Disease Prevention and Control (ECDC) to provide scientific guidance on quarantines with the view to proposing a European approach,

            HAS ADOPTED THIS RECOMMENDATION:

         PURPOSE

                  1.

                  This Recommendation sets out guidance for countries regarding key elements to be considered for national, regional or local testing strategies.

                  2.

                  In particular, the recommendations focus on the scope of COVID-19 testing strategies, groups to be prioritised, and specific situations to be considered, and address key points linked to testing capacities and resources. Finally, considerations for the use of rapid antigen tests are also put forward.

                  3.

                  The recommendations also aim at ensuring testing policies contribute to the smooth functioning of the internal market, cross border travel and free movement of people, services and goods within the Union.

         TESTING STRATEGIES

                  4.

                  Early detection through testing remains essential. Member States should test as widely as possible, and prioritise symptomatic individuals, persons who had contacts with confirmed cases, severe local outbreaks and as far as possible also the testing of asymptomatic individuals, in line with the available resources, testing and contact tracing capacities, and taking into consideration the scenarios presented in the testing guidelines published by ECDC (12).

                  5.

                  When sufficient capacities are not available Member States should prioritise the testing of individuals showing COVID-19 compatible symptoms, including mild symptoms, and particularly those presenting symptoms of acute respiratory infection. This should be combined, if possible, with testing for influenza and other respiratory infections, e.g. through available multiplex or other relevant assays. Criteria for prioritisation of testing should be objective and applied in a non-discriminatory manner.

                  6.

                  Member States should pay specific attention to avoiding and/or eliminating, the transmission of COVID-19 in healthcare and long-term care settings, such as residential and nursing homes for elderly persons. Staff working in these sectors should be tested in regular intervals and testing schemes should be put in place. Moreover, patients should be tested at or just prior to admission to the hospital, and hospitalised individuals should be monitored for COVID-19 symptoms for at least 14 days following admission, and be tested regularly along an agreed scheme (e.g. once a week).

                  7.

                  In case of focalised and well identified outbreak clusters, Member States should consider testing the majority of the community concerned, regardless of whether they show symptoms or not, as this may minimise or even avoid the need for introducing more stringent public health measures. Local authorities should develop a testing and compliance scheme for foreseeable critical situations, e.g. in schools or work places.

                  8.

                  Member States should ensure that testing schemes are in place for critical staff (including workers in healthcare, long-term care and education), and that these groups have access to frequent COVID-19 testing.

                  9.

                  Member States should ensure clear communication and provision of public health based information to citizens. They should also ensure there are centres for testing accessible to their population and an overall participation in COVID-19 testing, particularly in case of asymptomatic testing and in outbreak situations.

         TESTING CAPACITIES AND RESOURCES

                  10.

                  The Commission underlines again that Member States should define the necessary testing capacities and resources (for taking samples, performing the test and contact tracing) based on testing objectives, demand and supply planning, the latest scientific evidence on the characteristics of the disease.

                  11.

                  Member States should ensure that capacities and resources are in place that allow for targeted, timely and accurate testing, including a quick turn-around-time of ideally 24 hours between the test request and the result as well as timely contact tracing to facilitate the fast identification and containment of cases and clusters, and the most rapid return to normality for non-affected groups.

                  12.

                  In addition, tracking the presence of SARS-CoV-2in wastewater can be used as a complementary way of tracking the spread of the virus in the population, as well as an early warning system. This surveillance is already in place in some Member States and should be expanded as far as possible.

                  13.

                  Member States are encouraged, in line with the current ECDC guidance, to conduct RT-PCR tests or validated equivalents for contacts after the exposure, with the aim to shorten the quarantine. Member States are invited to monitor and update national quarantine provisions in line with forthcoming scientific evidence.

                  14.

                  Member States should run scenario-based stress tests for testing capacities and testing deployment, as well as contact tracing systems. Such stress tests should not only be performed at national level, but also focus on localised outbreaks and be based on specific scenarios, such as super-spreader events, outbreaks in specific industry sectors, educational settings and residential homes. Member States should share, for example through the Health Security Committee, lessons learnt and best practices post exercise.

                  15.

                  Member States should explore cross-border cooperation to ensure sufficient RT-PCR and rapid testing capacities across the EU, for example through the provision of mobile labs or technical running of tests between countries.

         RAPID ANTIGEN TESTS

                  16.

                  Member States should agree on criteria to be used for the selection of rapid antigen tests, particularly those related to their clinical performance such as sensitivity and specificity, as well as reach agreement on the scenarios and settings during which rapid antigen tests are appropriate to be used, such as for example in circumstances of high community transmission.

                  17.

                  Member States should actively share and discuss, particularly through the Health Security Committee as well as other knowledge sharing platforms such as the Council’s Integrated Political Crisis Response (IPCR), information on results of validation studies carried out on rapid antigen tests within EU countries and independent of such studies conducted by the companies that developed them.

                  18.

                  The Commission will work with Member States towards creating a framework for evaluation, approval and mutual recognition of rapid tests, as well as for mutual recognition of test results, as a matter of urgency. Furthermore, the Commission will monitor the market and availability of new rapid antigen tests, taking into consideration their clinical performance and criteria to be agreed, and will establish an information repository of rapid antigen tests and validation study results as they become available across the EU, building on the existing ‘COVID-19 In Vitro Diagnostic Devices and Test Methods Database’. The Commission will launch initiatives for the procurement of tests in order to ensure equitable access to rapid antigen tests as well as their swift deployment across the EU.

         Done at Brussels, 28 October 2020.

               For the Commission

            Stella KYRIAKIDES

               Member of the Commission

         (1)  https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020DC0318&qid=1603899755406

         (2)  OJ C 326, 26.10.2012, p. 47.

         (3)  Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health and repealing Decision No 2119/98/EC (OJ L 293, 5.11.2013, p. 1).

         (4)  For example, this includes EWRS, HSC coordination and Joint Procurement, etc.

         (5)  https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52020DC0318

         (6)  https://data.consilium.europa.eu/doc/document/ST-9208-2020-INIT/en/pdf

         (7)  https://ec.europa.eu/health/sites/health/files/preparedness_response/docs/common_testingapproach_covid-19_en.pdf

         (8)  https://data.consilium.europa.eu/doc/document/ST-11689-2020-REV-1/en/pdf

         (9)  https://apps.who.int/iris/bitstream/handle/10665/334253/WHO-2019-nCoV-Antigen_Detection-2020.1-eng.pdf?sequence=1&isAllowed=y

         (10)  As of 22 October, these are Belgium, Finland, France, Germany, Greece, Italy and Spain, as well as the UK.

         (11)  https://www.healthygateways.eu/

         (12)  https://www.ecdc.europa.eu/en/publications-data/covid-19-testing-strategies-and-objectives