1/ Here's the Commission communication on the quasi-travel ban to the EU, as just announced - ec.europa.eu/transparency/r…
Detailed comments follow (thread)
Detailed comments follow (thread)
2/ Background and legal form of the travel ban. It's not a binding decision of the Commission or proposed legislation. It's a proposal that Member States collectively decide to impose a ban, in the form of a Decision of Heads of state/government of Schengen States and associates. 
3/ The Commission refers to the "EU+ area", defining it to mean all Schengen States including those not fully applying Schengen (Romania, Bulgaria, Cyprus, Croatia). UK and Ireland are invited to align. The associates are Norway, Iceland, Switzerland and Liechtenstein.
4/ Since it's not legislation this could be agreed very quickly. European Council to have a video conference tomorrow.
A decision by heads of state/government was used in the past re issues with Treaty amendments, Cameron's deal, EU/Ukraine treaty.
A decision by heads of state/government was used in the past re issues with Treaty amendments, Cameron's deal, EU/Ukraine treaty.
5/ More rationale: Schengen States have to act together to ensure a common approach. Might enable internal borders to re open.
6/ Who is covered by the travel ban?
Non-EU citizens, except Brits due to the transition period, and Schengen associates. Legal non-EU residents can enter or transit. Also other important exceptions.
Non-EU citizens, except Brits due to the transition period, and Schengen associates. Legal non-EU residents can enter or transit. Also other important exceptions.
7/ Ban would apply for 30 days, subject to review. Citizens and residents discouraged from leaving the area, but not banned.
8/ Remember this is a Commission proposal, not binding as such. A decision by Member States might not be adopted, or if adopted might not be identical to the Commission's proposal.
9/ A decision by heads of state/government is a strange legal beast, but the CJEU has ruled that it has to be taken into account when interpreting EU law: eur-lex.europa.eu/legal-content/…
10/ Note that the exception for EU citizens/Brits/Schengen associates/non-EU residents only applies "for the purposes of returning to their homes" - or of course for the other exceptions like transport, healthcare etc. Obvious question how exactly that might be enforced.
11/ What airlines might do is another question. I suppose it's possible that something might be organised, collectively if need be, for those stranded outside the EU (or "EU+")
12/ Irish government response to the Commission proposal
