The European Parliament adopted by 546 votes to 93, with 51 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on a framework for the issuance, verification and acceptance of interoperable certificates on vaccination, testing and recovery to facilitate free movement during the COVID-19 pandemic (Digital Green Certificate).
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:
EU digital COVID certificate
The Regulation establishes a framework for the issuance, verification and acceptance of interoperable certificates of (i) vaccination against COVID-19 indicating the name of the vaccine and the number of doses administered to the holder; (ii) completion of testing for this disease carried out by health professionals; and (iii) recovery from the disease, in order to facilitate the exercise by their holders of their right to free movement during the COVID-19 pandemic.
The certificate should also facilitate free movement and contribute to the gradual and coordinated lifting of restrictions.
The prospective holders should be entitled to receive the certificates in the format of their choice. Those certificates shall be user-friendly and shall contain an interoperable barcode allowing for the verification of their authenticity, validity and integrity. A separate certificate should be issued for each vaccination, test result or recovery and should not contain data from previous certificates except where otherwise provided for in this Regulation.
The certificate should not be a prerequisite for exercising the right to freedom of movement and should not be considered as a travel document. It should invite travellers to check, before travelling, the applicable public health measures and restrictions in the place of destination. The issuing of certificates should not lead to discrimination based on the possession of a specific category of certificate.
Cross-border passenger transport service operators required by national law to implement certain public health measures during the COVID-19 pandemic should ensure that the verification of the certificates is integrated into the operation of cross-border transport infrastructure such as airports, ports and railway and bus stations, where appropriate.
Trust framework
The trust framework should be based on a public key infrastructure and allow for the reliable and secure issuance and verification of the authenticity, validity and integrity of the certificates. The trust framework should allow for the detection of fraud, in particular forgery. In addition, it may support the bilateral exchange of certificate revocation lists containing the unique certificate identifiers of revoked certificates. Such certificate revocation lists shall not contain any other personal data.
Vaccination certificates
Member States should accept vaccination certificates issued in other Member States for persons who have received a vaccine authorised by the European Medicines Agency. They may decide whether to also accept certificates for vaccines authorised under national procedures or which are on the WHO emergency use listing procedure.
COVID-19 certificates and other documentation issued by a third country
Where a vaccination certificate has been issued in a third country for a COVID-19 vaccine and the authorities of a Member State have been provided with all the necessary information, including reliable proof of vaccination, those authorities may, upon request, issue a vaccination certificate to the person concerned. A Member State should not be required to issue a vaccination certificate for a COVID-19 vaccine that is not authorised for use on its territory.
Restrictions on free movement and exchange of information
If Member States accept certificates of vaccination, negative tests or recovery, they should refrain from imposing additional restrictions on free movement, such as screening tests or quarantine or self-isolation, unless such restrictions are necessary and proportionate to safeguard public health, also taking into account the available scientific evidence, including epidemiological data published by the European Centre for Disease Prevention and Control (ECDC)
In the event of a rapid deterioration of the epidemiological situation in a Member State, or in a region of a Member State, in particular due to a variant of concern, Member States should inform the other Member States and the Commission if possible 48 hours in advance, and the public 24 hours in advance, before introducing such new restrictions
Data protection
All personal data should be processed in accordance with the General Data Protection Regulation.
Personal data contained in the certificates should be processed only for the purpose of accessing and verifying the information contained in the certificate in order to facilitate the exercise of the right to free movement within the Union during the COVID-19 pandemic. No further processing should take place after the period of application of the Regulation and no personal data should be kept.
Duration of application
The Regulation should apply from 1 July 2021 to 30 June 2022. COVID-19 certificates issued by one Member State before 1 July 2021 should be accepted by other Member States until 12 August 2021 when they contain the required data.
By 31 October 2021, the Commission should submit a report to the European Parliament and the Council giving an overview of the number of certificates issued. By 31 March 2022 at the latest, the Commission should submit a report on the application of the Regulation, accompanied, if appropriate, by legislative proposals including the extension of the period of application of the Regulation.
Affordable testing
To facilitate the exercise of the right to free movement, Member States are encouraged to ensure affordable and widely available testing possibilities, taking into account that not the entire population would have had the opportunity to be vaccinated before the date of application of this Regulation.