European Commission plunges plans for French exemption on UK's 14-day quarantine into disarray

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Plans to grant the French an exemption to Britain’s proposed 14-day quarantine for arrivals were thrown into disarray on Tuesday as the European Commission warned it would have to be extended to other EU nations.

Officials and experts warned that the proposed exemption was “unenforceable” because of the risk of legal challenge by the Commission and loopholes that could see a British family flying in from Florida forced into quarantine while French passengers were not.

Ministers have also been warned that travellers from other European countries could use France as a staging post to by-pass the controls and enter the UK from French airports and ports. “It is challengeable and it is pointless,” said one source.

“It would be difficult to see how this could work operationally if you had a different process for the French,” said Tony Smith, former Director General of the Border Force.

Ryanair chief executive Michael O'Leary said: “What's ineffective is these kind of idiotic measures like a 14-day quarantine, which is completely non-science-based, when you can exempt the French and you can exempt the Irish. “It's nonsense and it has no effect in limiting the spread of Covid-19.”

The proposals to exempt France emerged after President Emmanual Macron is said to have demanded concessions in a phone call with Boris Johnson on Sunday.

The two leaders issued a joint statement on Sunday in which they stated that the quarantine would not apply to travellers coming from France to the UK “at this stage.”

However, yesterday a European Commission spokesman said that Britain was still subject to EU free movement rules during the transition period before Brexit at the end of the year.

“Restrictions to free movement as well as the lifting of restrictions have to comply with the principles of proportionality and non discrimination,” he said.

Neighbouring countries were free to introduce bilateral measures but he added: “We would expect that the UK in this case, for instance, would apply the same kind of exemptions to arrivals from other member states, which are in a similar epidemiological situation as France.”

Government guidance issued on Monday pledged that quarantine would be introduced “as soon as possible” after lockdown starts to be eased this Wednesday.

Officials are racing to publish the plans in full this week, possibly on Friday, under which international arrivals apart from those on a list of exemptions will be required to supply their contact and accommodation information and will be expected to self-isolate for 14 days.

They will also be strongly advised to download and use the NHS contact tracing app.

The guidance did not spell out how the quarantine would be enforced and by whom but it is expected those that refuse will face fines of at least £1,000 and deportation.

The only exemptions listed in the guidance included journeys within the common travel area, which covers Ireland, Jersey, Guernsey and the Isle of Man and for key freight arrivals such as medical supplies and food.

Doctors, scientists and law enforcement officers are also expected to be exempt.

It is understood Government officials have been looking at whether Britain could preempt a legal challenge to a French exemption by putting a “sunset” clause on it so that it was time limited.

Restricting the exemption to only Eurostar trains is also believed to be under consideration.

It is thought likely that if Britain does not grant France an exemption, France would introduce a reciprocal quarantine arrangement that would hit British travellers.

Spain announced on Tuesday that it will implement a 14-day mandatory quarantine for travellers arriving from overseas starting on Friday.

Meanwhile, airlines will be able to offer passengers vouchers instead of cash refunds for travel cancelled by the coronavirus pandemic, under plans to be set out by the European Commission on Wednesday.

Brussels’s plan will give a boost to the stricken aviation industry, which is, according to a leaked commission document, facing “unprecedented numbers of reimbursement claims”.

EU law guarantees aircraft passengers a refund or rerouting at the earliest possibility if airlines cancel a flight but officials are mulling ways to preserve that consumer  protection and spare the airlines.

Revenue losses are reaching 90 percent for European airlines.

The new voucher scheme is an alternative to, and not a replacement for, the cash refund, a draft of a commission communication on Covid-19, transport and tourism, which is subject to change, said.

A finalised version of the idea is due to be presented in Brussels on Wednesday, along with other initiatives aimed at encouraging tourism this Summer, despite the pandemic.

“Member states shall follow a joint approach, giving consumers an attractive and reliable choice between a cash refund or accepting a voucher instead,” the draft said, suggesting the scheme could ease the sector’s liquidity crisis.