Member Article

The government has started to announce the dismantling of certain Covid19 measures and from Monday, April 27, 2020, it now allows business trips for foreigners to the Czech Republic, in respect of which business people were mounting pressure therefore. However, it set out a number of conditions and rules, which are further modified.

The original Government Crisis Measure No. 443 was repealed on 1 May 2020 and replaced by Government Crisis Measure No. 495. However, this crisis measure is valid only until 10 May 2020, as it will be replaced by Government Crisis Measure No. 511 with effect from 11 May 2020. This article takes into account measures effective until 10.5.2020, with the proviso that changes effective from 11.5.2020 are pointed out in italics.

The relevant crisis measure is primarily intended as an extension of the ban on entry into the Czech Republic for all foreigners without a temporary stay permit of more than 90 days or permanent residence in the Czech Republic. There are several exceptions to this ban, and two of them also apply to EU citizens who enter the territory of the Czech Republic for the purpose of "performing economic activity". Other exceptions are provided, for example, for so-called cross-border commuters, international transport staff or critical infrastructure service staff, which, however, are not the subject of this article.

The measure distinguishes between two types of trips by EU citizens who intend to carry out economic activity in the Czech Republic, namely (i) trips to the Czech Republic for a maximum of 72 hours and (ii) trips to the Czech Republic for a period longer than 72 hours. In both cases, the measure also introduces important obligations for persons who receive EU citizens in the Czech Republic or confirm the existence of a permitted purpose of travel.

I. Trips up to 72 hours in duration

The following applies to EU citizens who intend to travel to the Czech Republic for the purpose of performing economic activities for a maximum period of 72 hours:

1. the first condition for admission is proof of the purpose of the journey (i.e. the pursuit of an economic activity);
2. the second condition is the submission of a doctor's certificate or that of an authority for protecting public health, of completion of the RT-PCR test for the presence of SARS-CoV-2 with a negative result, which is not older than 4 days. Confirmation is provided at the applicant's own expense;
3. at the crossing of the national border, it is necessary to tolerate the control of the symptoms of the infectious disease (e.g. possible taking of temperature etc.) and, if signs of the infectious disease are detected, to provide the necessary cooperation to healthcare professionals in taking a biological sample to detect the presence of COVID-19;
4. even after entering the Czech Republic and during the entire stay, however, free movement on the territory of the entire Czech Republic is practically prohibited, with a few exceptions. These include, in addition to travel and movement for the purpose of carrying out an economic activity, also travel necessary for the provision of basic necessities, the use of necessary financial and postal services, refueling or travel to medical facilities;
5. if, after entering the Czech Republic, an EU citizen shows symptoms of an incipient infectious disease (in particular fever, cough, dyspnoea, indigestion, olfactory loss, general weakness, or other symptoms), he must immediately report this by telephone or other remote access , to his registered provider of health services in the field of general practice, or, if he does not have a registered provider, to any provider in the field of general practice. The measure does not specify whether it should be a provider of health services in the Czech Republic
6. CAUTION! The entity that confirms the existence of the permitted purpose of entry into the Czech Republic is obliged to ensure that the relevant EU citizens comply with the rules for so-called critical employees pursuant to point IV. of Government Resolution No. 332 (140/2020 Coll.). The receiving entity thus assumes responsibility for the EU citizen's compliance with these rules.

The only conditions for entry into the Czech Republic result from the measures that are solely listed in points a) and b). However, the obligation under point c). will probably work as another "factual" condition in practice.

II. Trips over 72 hours in duration

The following rules apply to an EU citizen who intends to travel to the Czech Republic for the purpose of performing economic activities for a period longer than 72 hours (with a few exceptions, they are similar to the above):

1. the first condition for admission is proof of the purpose of the journey (i.e. the performance of an economic activity);
2. the second condition is the submission of a doctor's certificate or that of an authority protecting public health, of completion of the RT-PCR test for the presence of SARS-CoV-2 with a negative result, which is not older than 4 days. Confirmation is provided at applicant's own expense. The presentation of this certificate is not necessary for journeys which the competent Minister confirms as necessary; in these cases, the person is obliged to pass the relevant test within 24 hours of entering the Czech Republic and to present the confirmation of absolving the test to the relevant local hygiene authority;
3. before entering the Czech Republic, it is necessary to announce the date and method of entry into the territory of the Czech Republic by remote access (i.e. online) stipulated by the Ministry of Foreign Affairs; [as of 11.5.2020 this obligation is cancelled];
4. when crossing the state border of the Czech Republic, it is necessary to tolerate the control (i.e. temperature check etc.) of symptoms of infectious disease, and if symptoms of infectious disease are detected, to provide necessary cooperation to health professionals in taking a biological sample to detect the presence of COVID-19;
5. after entering the Czech Republic and during the first 14 days (but no longer than the period of emergency), free movement is prohibited throughout the Czech Republic, with a few exceptions. These include, in addition to travel and movement for the purpose of carrying out an economic activity, also travel necessary for the provision of basic necessities, the use of necessary financial and postal services, refueling or travel to medical facilities;
6. asubsequentRT-PCRtestfor SARS-CoV-2 must be performedbetween days 10 and 14after entry and the confirmation of absolving the test must be submitted to the relevant local hygiene authority [as of 11.5.2020 this obligation is cancelled];
7. if, after entry to the Czech Republic, an EU citizen develops symptoms of an incipient infectious disease (in particular fever, cough, dyspnoea, indigestion, olfactory loss, general weakness, or other symptoms), he must immediately report this by telephone or other remote access, to his registered provider of health services in the field of general practice, or, if he does not have a registering provider, to any provider in the field of general practice. The measure does not specify whether it should be a provider of health services in the Czech Republic;
8. ATTENTION! an entity that accepts an EU citizen for the purpose of economic activity is obliged to provide transport from the state border to the place of accommodation and throughout the stay in the Czech Republic accommodation, medical care, including its payment, and transport between the place of accommodation and the workplace (however public transport cannot be used), and return to the country of origin in case of loss of employment in the Czech Republic, [as of 11.5.2020 this obligation will continue to apply, but with one exception: the obligation to ensure transport between the place of accomodation and the workplace will now be time limited to a period of 14 days after entry into the Czech Republic.]

Only those listed in points a) and b) result from the measures as conditions for entry into the Czech Republic. However, in practice, the obligations under points c) and d) may also function as other “factual” conditions.