28.05.2020
Currently, more and more people in Austria are asking themselves, not least due to rising temperatures and falling infection rates, whether a trip to a neighboring country (and of course a return trip to Austria) is practically feasible despite the prevailing exceptional situation due to the Covid 19 pandemic.
I. The legal situation regarding entry into Austria
In principle, Austrian citizens and persons with a main or secondary residence in Austria (who are entitled to stay in Austria) are able to return to Austria.[1] However, the question arises as to which conditions must be met and whether a two-week “Home quarantine“ must be adhered to.
Entry into Austria is currently essentially regulated by two regulations, which “Ordinance of the Federal Minister for Social Affairs, Health, Care and Consumer Protection on entry into Austria by air“[2] and the "Ordinance of the Federal Minister for Social Affairs, Health, Care and Consumer Protection on measures for entry from neighbouring countries“[3].
Both regulations were published on 27 May 2020[4] extended until 15.06.2020.
I.1. Entry into Austria by land and water
The "Ordinance of the Federal Minister for Social Affairs, Health, Care and Consumer Protection on measures for entry from neighbouring countries“ regulates entry into Austria by land and water and provides (as a standard case) that
- Persons entering Austria from neighboring countries must carry a medical certificate (which must not be older than four days) and must show that a molecular biological test for SARS-CoV-2 is negative.
- As an exception to this, the regulation provides that Austrian citizens and persons who have their main or secondary residence or habitual abode in Austria may also enter without such a certificate if they are to be held for a “14-day self-monitored home quarantine to be started immediately“ commit to this.
Regarding the first case, it should be noted that the wording of the regulation does not stipulate that the medical certificate must be issued abroad (from which one enters Austria).
This leads to the somewhat absurd result that one could get tested in Austria, have an Austrian doctor issue a medical certificate in accordance with the regulation, and then travel abroad over the weekend and re-enter the country with the certificate issued in Austria (which must not be older than four days at this point) without having to go into quarantine.
It is not known whether medical certificates issued in Austria are accepted at border controls for persons entering from abroad.
Regarding the second case, it should be noted that the “self-monitored home quarantine” can be ended if a test for SARS-CoV-2 carried out during this period is negative.
The practical question of whether one is allowed to leave home quarantine for the purpose of testing cannot be answered with legal certainty since, as far as can be seen, the term “home quarantine” is not defined in Austrian law.
This is probably to be understood as an “isolation” within the meaning of Section 7 of the Epidemic Act, which is not ordered by the district administrative authority (as provided for in the Epidemic Act), but the “self-monitored“In case of doubt, one will probably have to assume that leaving the home during home quarantine for the purpose of testing is not permitted.
A violation of the “self-monitored” home quarantine could also be threatened with administrative fines (€ 1450.00) under Section 40 lit c of the Epidemic Act, even if this does not seem clear at all.
In addition to this general rule, the regulation also provides for a number of exceptions, for example concerning seasonal workers, entry to receive absolutely necessary medical services and also “Reasons worthy of consideration within the family“, which, however, cannot be discussed here.
II. Entry into Austria by air
The "Ordinance of the Federal Minister for Social Affairs, Health, Care and Consumer Protection on entry into Austria by air“ provides for a very similar basic regulation:
- Austrian citizens, EU/EEA citizens and Swiss citizens (as well as certain other groups) must immediately begin a 14-day self-monitored home quarantine after entering Austria by air, unless a health certificate (in German or English, not older than four days) is presented confirming that a molecular biological test for SARS-CoV-2 is negative.
Attention: for other groups of people (e.g. third-country nationals) the regulations differ in detail and it is absolutely necessary to examine the exact content of the regulation!
Here, too, exceptions are provided for, for example, for the “crew of passenger and cargo flights”, for “persons entering the country for compelling reasons of the Republic”, and for “particularly important reasons within the family circle in individual cases”.
Here, too, the “self-monitored home quarantine” can be ended if a test for SARS-CoV-2 carried out during this time is negative.
No further legal regulations have been issued for the period after June 15, 2020.
II. The legal situation regarding entry into the neighbouring countries of the Republic of Austria
Of course, those who love to travel should note that the question of entry into Austria is independent of whether a neighboring country allows entry.
Regarding entry into Croatia, for example, according to information from the Federal Foreign Office of the Federal Republic of Germany, “there is no reliable information about which criteria the Croatian border police apply to determine entry requirements.”[5]
With regard to transit through Slovenia, for example, the WKO points out that “Transit through Slovenia is generally possible as long as entry into Croatia is guaranteed.” and with regard to transit through Hungary, it points out that this is only possible to a very limited extent.[6]
At present, potential travellers are advised to inform themselves in detail about the entry requirements of the countries concerned and to carefully weigh up the risk of being refused entry.
It must also be clearly noted at this point that these discussions only represent a snapshot as of May 28, 2020. Short-term changes to the legal situation cannot be ruled out.
[1] At most, in exceptional cases, not by air, see Section 1 Paragraph 2 of the Ordinance of the Federal Minister for Social Affairs, Health, Care and Consumer Protection on entry into Austria by air.
[2] StF BGBl II 105/2020 of 18.03.2020.
[3] StF BGBl II 87/2020 of 10.03.2020.
[4] Federal Law Gazette II 233/2020 of 27 May 2020.
[5] https://www.auswaertiges-amt.de/de/aussenpolitik/laender/kroatien-node/kroatiensicherheit/210072 .
[6] https://www.wko.at/service/aussenwirtschaft/coronoavirus-update-kroatien.html#heading_Reise_von_Oesterreich_nach_Kroatien <abgerufen am 28.05.2020>