Other Recent Developments
General Considerations Relating to the COVID-19 Pandemic
Across Europe there has been a considerable increase in COVID-19 infections since the summer of 2020 and the current situation represents a major threat to public health. In most countries, COVID-19 case notification rates have increased in certain regions, with extremely high levels in some areas. Moreover, in addition to the substantial increases seen in most countries among younger age groups, COVID-19 case notification rates have also increased in older age groups. Reported test positivity, i.e., the number of confirmed cases divided by the number of tests conducted per week, has been steadily increasing across Europe since August 2020 and has shown a marked escalation in recent weeks, pointing to a real increase in rates of viral transmission, rather than just a rise in reported cases attributable to increased testing. Vulnerability to infection remains high, as available data from seroprevalence-related studies indicate that the level of immunity in the population is less than 15% in most areas within Europe. According to the European Centre for Disease Prevention and Control, the current epidemiological situation in most European countries is of serious concern as it poses an increasing risk of transmission, requiring immediate, targeted public health action.
In light of the dynamic development of COVID-19 infections in Germany since the end of September 2020, on October 28, 2020, the Federal Government and the 16 German federal states (Länder) decided to implement targeted, temporary measures until the end of November 2020, aimed at containing the COVID-19 pandemic and avoiding the overburdening of the health system. These measures, which are to be assessed and may be adjusted in mid-November 2020, include, among other things, mandatory contact restrictions in public, closure of recreational institutions and establishments, businesses in the catering trade and certain businesses providing services in the area of personal hygiene, and the prohibition of entertainment events.
Sources: European Centre for Disease Prevention and Control, Rapid risk assessment: Increased transmission of COVID-19 in the EU/EEA and the UK – thirteenth update, October 23, 2020 (https://www.ecdc.europa.eu/en/publications-data/covid-19-risk-assessment-increased-transmission-thirteenth-update); European Centre for Disease Prevention and Control, COVID-19 Country Overviews, Week 43, 2020, accessed on November 3, 2020 (https://covid19-country-overviews.ecdc.europa.eu/); Bundesregierung, Die aktuellen Fallzahlen in Deutschland und weltweit, accessed on October 29, 2020 (https://www.bundesregierung.de/breg-de/themen/coronavirus/fallzahlen-coronavirus-1738210); Die Bundesregierung, Videokonferenz der Bundeskanzlerin mit den Regierungschefinnen und Regierungschefs der Länder am 28. Oktober 2020, press release of October 28, 2020 (https://www.bundesregierung.de/breg-de/themen/buerokratieabbau/videokonferenz-der-bundeskanzlerin-mit-den-regierungschefinnen-und-
regierungschefs-der-laender-am-28-oktober-2020-1805248).
EU Response to the COVID-19 Pandemic
On October 7, 2020, the European Commission announced plans to issue up to EUR 100 billion of bonds to fund the EU’s instrument for temporary Support to Mitigate Unemployment Risks in an Emergency (SURE), as social bonds. This announcement followed approval by the Council of the EU (the “Council”) at the end of September 2020 to grant financial support to 16 Member States of the European Union in a total amount of EUR 87.8 billion under the SURE instrument to help protect jobs and keep people in employment. The funds raised through the issuance of these bonds will be transferred to the beneficiary Member States in the form of loans to help them cover the costs directly related to the financing of national short-time work schemes and similar measures in response to the COVID-19 pandemic. On October 21, 2020, the European Commission announced the issuance of a EUR 17 billion inaugural social bond and, at the end of October 2020, disbursed the proceeds to Italy, Spain and Poland in the first instalment of financial support to Member States under the SURE instrument.
On October 13, 2020, the Council adopted a recommendation on a coordinated approach to restrictions on free movement in response to the COVID-19 pandemic. This recommendation, which aims to avoid fragmentation and disruption, and to increase transparency and predictability for citizens and businesses, is based on common criteria and mapping applied to data on the number of cases, testing and test positivity communicated to the European Center for Disease Prevention and Control by the Member States on a weekly basis. This information is to serve as a basis for any restrictions on free movement (including requirements related to quarantine and testing after travel) imposed by Member States. Member States intending to implement such restrictions should inform the affected Member State, prior to the entry into force of such restrictions, as well as the other Member States and the European Commission. Clear, comprehensive and timely information to the public about any restrictions and related requirements should also be provided.
Also on October 13, 2020, the European Commission decided to extend the duration and scope of the State Aid Temporary Framework (“Temporary Framework”) adopted on March 19, 2020 to support the economy in the context of the COVID-19 pandemic. All provisions of the Temporary Framework were extended until June 30, 2021, and the provisions relating to recapitalization support are extended until September 30, 2021.
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