The Covid-19 Einreiseverordnung implies that it remains in force until 28.02.2022. Is this definite, and not subject to change?

In the amendment of the Covid-19 Einreiseverordnung 2021 that entered into force on 25.12.2021, Article 12 para. 14 Covid-19 EinreiseV states that the Regulation is due to be repealed on 31.01.2022. Subsequently, on 20.01.2022, the Regulation’s validity was extended until 28.02.2022.

Thereafter, there are various possibilities:

  1. The Covid-19 Einreiseverordnung 2021 will be fully repealed with effect from that date (repealed due to expiry).
  2. The repeal date will be postponed in a further amendment prior to 28.02.2022.
  3. The Regulation will be repealed but simultaneously a new Covid-19 Einreiseverordnung will be enacted.

Similarly, there is no guarantee that there will not be further amendments (Änderungen/Novellierungen) made prior to the date that it is due to be repealed. Indeed since the enactment of the Covid-19 EinreiseV 2021 on 25 June 2021, it has been amended on ten separate occasions. Such amendments reflect changes in countries considered as high risk or with variants of concern, changes to passenger locator forms, changes in intervals between vaccination shots, the introduction of boosters etc.

Amendments are often only announced 36-48 hours prior to entering into force, although unless otherwise stated, an amendment usually enters into force on the calendar day following publication in the Federal Law Gazette (BGBlBundesgesetzblatt The Bundesgesetzblatt (Federal Law Gazette) is the repository where all Austrian law at national/federal level is published. The most common types of publications are Gesetze (laws/acts) and Verordnungen (regulations/ordinances issued by ministries and authorities on the basis of powers provided to do so in laws..)

Such Regulations are usually issued with a temporary lifespan, hence the need for a repeal date to be included in them. Similarly, the length of time that such Regulations are in force for, or by how long the timeframe can be extended by is often capped, with amendments requiring prior consultation where possible.

tl:dr There is no guarantee that the text of the Regulation will remain unchanged until the repeal date, or that it will not be replaced by a further Regulation. Conditions are likely to change at short notice (often within 36-48 hours prior to the new conditions entering into force).

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