For commuters working in Bavaria and Tyrol - and vice versa - it will be more complicated from next week, because the state government around Prime Minister Markus Söder (CSU) is putting tough entry regulations into force. These are definitely discriminatory, because people with German citizenship or residence in the Federal Republic are better off.

Actually, an agreement reached at EU level should prevent borders from being closed again within the Schengen area and, on top of that, being discriminated against on the basis of citizenship. However, already on the day on which the EU ambassadors found a solution, Germany showed particular ignorance: They presented a new national solo effort and continue to give a damn about common rules.

Austria is on a similar path in this context, as the latest entry regulation differs greatly from the agreement that was reached at Union level. The legitimate question arises, of course, why a joint solution is being negotiated if the nation states do not adhere to it anyway?

Citizenship Discrimination?

People who have stayed in Tyrol are no longer allowed to enter Germany unless they are resident and / or have German citizenship. For everyone else - apart from a few exceptions - it says: “You can't get in here”. At first glance, the Bavarian regulation is a clear discrimination on the basis of citizenship. Actually there are laws that are supposed to prevent such things, but in times of the pandemic, some governments, including those of Germany, believe they have to discriminate under the guise of "Corona", even though there is one clear agreement at EU level gives.

Originally Bavaria did not want to grant any exceptions to commuters who live in Bavaria and work in Tyrol - and vice versa. The EU Commission initially intervened unsuccessfully and the Bavarian Interior Minister Horst Seehofer (CSU) then even told Bildzeitung in the direction of Brussels: “That's enough! The EU Commission should support us and not throw clubs between our legs with cheap advice. ”There are now travel bans coming from Slovakia and the Czech Republic, from which only people with a German passport or residence in the Federal Republic are exempted.

Ultimately, the intervention was successful, because the Bavarian entry regulation now provides for exceptions for commuters. As of Wednesday, the persons concerned must carry a certificate from their employer with them stating that they are indispensable at their Tyrolean or Bavarian place of work. If possible, checks should be carried out everywhere.

German police fear to use dirt roads

Even the German Federal Police criticized the actions of the Bavarian state government, which wants to close the borders with Tyrol due to the fact that the RKI has classified the mutation area. The executive, for example, criticizes the fact that the infrastructure necessary for comprehensive inpatient controls does not even exist. The federal police also have the justified concern that the population will simply switch to forest and field paths, because it would be impossible to control every path, no matter how small, around the clock.

This objection by the executive authority responsible for border controls is justified because Austria had and has the same problem. In order not to have to be in quarantine after a stay abroad or a "small border crossing to buy cigarettes", many switch to field and forest paths. Due to the high staffing requirements, these are not checked around the clock, sometimes not at all. If the person is then on an official road in the national territory, then proving that there is a stay abroad that is subject to quarantine is extremely difficult.

But Bavaria also introduces a particularly absurd exception for children whose parents live on both sides of the border. They may continue to see their father or mother, but only if they cross the border with the relative who has German citizenship. This should also be done in the same way for spouses and partnerships.

Persons falling under exceptions have to carry a negative test result, which must not be older than 48 hours, and to present it to the control bodies upon request. This also applies to freight transport, for example for truck drivers. However, Germany recognizes rapid tests that can be done free of charge in Austria, for example in pharmacies. An interactive map of the pharmacies that offer free rapid tests under this link.

Border controls also within Austria

Incidentally, Austria also controls domestically. Tyrol has been allowed to go since Friday can only be left with a negative test result. According to the Ministry of the Interior, 459 people were prohibited from leaving Tyrol for another Austrian state until Saturday morning. Reason: No negative test result was recorded.

In the meantime, the state of Tyrol has taken countermeasures and has set up four mobile test stations on the borders with Salzburg and Vorarlberg. Here people who have no findings can be tested on the spot. According to the Ministry of the Interior, 500 antigen tests were carried out, and not a single positive person should have been found. However, you should not rely on mobile test stations, because as the name suggests: These are mobile. Interior Minister Karl Nehammer (ÖVP) threatens people who leave Tyrol without negative results with a fine of up to 1.450 euros.

The free antigen tests, which are now offered in well over 700 pharmacies, can also be used when leaving Tyrol. Commuters who are affected by the complicated border regulation with Bavaria can also take advantage of this. An interactive map with all pharmacies in Austria that carry out free rapid tests, on this Aviation Direct page.