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Spain rules out EU’s proposed end of mask rules for flights

Spain’s Health Minister has said passengers on flights to and from Spain will have to continue wearing face masks inside planes, despite the EU’s recommendation that the rule be lifted on May 16th.

Spain rules out EU's proposed end of mask rules for flights
Despite the EU's recommendation, airlines can still continue to require the wearing of masks on some or all of flights. (Photo by Martin Sylvest / Ritzau Scanpix / AFP) / Denmark OUT

Spanish Health Minister Carolina Darias on Wednesday clarified that mask rules for passengers on board planes and other means of public transport in Spain remain the same and are unlikely to change in the coming days. 

It follows the news hours earlier by the European Union Aviation Safety Agency (EASA) and the European Centre for Disease Prevention and Control (ECDC), who recommended Member States lift mandatory mask-wearing at airports and during flights from Monday May 16th.

Neighbouring France has followed the EU’s advice and swiftly announced it will end the obligatory face mask rule on all public transport (not just aircraft) on May 16th, but not Spain.

“Europe says that the use of the mask on flights must be aligned with national regulations and in Spain we only recently decided that in this context it remains mandatory,” Darias said in reference to the fact that Spain lifted the indoor mask rule for most indoor spaces on April 20th, but not on public transport.

READ ALSO: Where do you still need to wear a mask indoors in Spain?

“All the measures have to follow a process and therefore we have to advance with caution and proportionality as we have until now.”

Additionally, airlines can still continue to require the wearing of masks on some or all of their flights and the updated EU health safety measures still state that wearing a face mask remains one of the best ways to protect against the transmission of Covid-19.

Currently, masks remain mandatory on Ryanair flights (FFP2 for travel to and from Italy, Austria, and Germany), optional on some Easyjet flights and not mandatory but recommended on TUI or Jet2 flights from the UK, although clashing mask legislation between Spain and the UK will likely mean airlines decide to keep face coverings obligatory on flights to Spain.

Spanish flagship airline Iberia has said it will continue to follow the rules and recommendations of Spain’s Health Ministry and the Spanish Aviation Safety Agency (AESA) has also pointed out that for now it is still necessary to be in compliance with national mask regulations.

Although passengers on most public transport in Spain (aeroplanes, trains, buses, taxis but not on ferries unless crowded) still have to wear a mask, a face covering is no longer mandatory inside airports, train stations, metro platforms or ports.

There are currently 14 European countries that require masks on public transport, including Spain, Portugal, Italy and Greece.

EXPLAINED: What are Spain’s mask rules for travel?

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Reader question: What will EES mean for foreigners living in Europe?

The EU's new Entry & Exit System (EES) of enhanced passport controls is due to come into force later this year, but among many questions that remain is the situation for non-EU nationals who live in the EU or Schengen zone.

Reader question: What will EES mean for foreigners living in Europe?

Currently scheduled to start in autumn 2024 (unless it’s delayed again, which is not unlikely) the EU’s new Entry & Exit System is basically an enhanced passport check at external EU borders, including a facial scan and fingerprinting.

You can find a full explanation of the new system HERE.

Travellers crossing an external EU or Schengen border for the first time will be required to complete EES ‘pre-registration’ formalities including that facial scan and fingerprinting.

There are, however, several groups exempt from EES and one of them is non-EU nationals who have a residency permit or long-stay visa for an EU country.

So if you’re a foreigner living in the EU or Schengen zone, here’s what you need to know.

Exempt

One of the stated aims of EES is to tighten up enforcement of over-staying – IE, people who stay longer than 90 days in every 180 without a visa, or those who overstay the limits of their visa.

Obviously these limits do not apply to non-EU nationals who are resident in the EU or Schengen zone, which is why this group is exempt from EES checks. They will instead be required to show their passport and residency permit/visa when crossing a border, just as they do now.

In its explanations of how EES will work, the European Commission is clear – exempt groups include non-EU residents of the Bloc.

A Commission spokesman told The Local: “Non-EU citizens residing in the EU are not in the scope of the EES and will not be subject to pre-enrollment of data in the EES via self-service systems. The use of automation remains under the responsibility of the Member States and its availability in border crossing points is not mandatory.

“When crossing the borders, holders of EU residence permits should be able to present to the border authorities their valid travel documents and residence permits.”

How this will work

How this will work on the ground, however, is a lot less clear.

Most ports/airports/terminals have two passport queues – EU and non-EU. It remains unclear whether the non-EU queue will have a separate section for those who are exempt from EES.

It does seem clear that exempt groups will not be able to use the automated passport scanners – since those cannot scan additional documents like residency permits – but should instead use manned passport booths. However it is not clear whether these will be available at all airports/ports/terminals or how non-EU residents of the EU will be directed to those services.

There’s also the issue that individual border guards are not always clear on the processes and rules for non-EU residents of the EU – even under the current system it’s relatively commonly for EU residents to have their passports incorrectly stamped or be given incorrect information about passport stamping by border guards.

Brits in particular will remember the immediate post-Brexit period when the processes as described by the EU and national authorities frequently did not match what was happening on the ground.

The Local will continue to try and get answers on these questions. 

READ ALSO What will EES mean for dual nationals

What if I live in the EU but I don’t have a visa/residency permit?

For most non-EU citizens, having either a visa or a residency permit is obligatory in order to be legally resident.

However, there is one exception: UK citizens who were legally resident in the EU prior to the end of the Brexit transition period and who live in one of the “declaratory” countries where getting a post-Brexit residency card was optional, rather than compulsory. Declaratory countries include Germany and Italy.

Although it is legal for people in this situation to live in those countries without a residency permit, authorities already advise people to get one in order to avoid confusion/hassle/delays at the border. Although EES does not change any rules relating to residency or travel, it seems likely that it will be more hassle to travel without a residency card than it is now.

Our advice? Things are going to be chaotic enough, getting a residency permit seems likely to save you a considerable amount of hassle.

Delays 

Although residents of the EU do not need to complete EES formalities, they will be affected if the new system causes long queues or delays at the border.

Several countries have expressed worries about this, with the UK-France border a particular cause for concern.

READ ALSO Travellers could face ’14 hours queues’ at UK-France border

Where does it apply?

EES is about external EU/Schengen borders, so does not apply if you are travelling within the Schengen zone – eg taking the train from France to Germany or flying from Spain to Sweden.

Ireland and Cyprus, despite being in the EU, are not in the Schengen zone so will not be using EES, they will continue to stamp passports manually.

Norway, Switzerland and Iceland – countries that are in the Schengen zone but not in the EU – will be using EES.

The full list of countries using EES is: Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Therefore a journey between any of the countries listed above will not be covered by EES.

However a journey in or out of any of those countries from a country not listed above will be covered by EES.

You can find our full Q&A on EES HERE.

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