EU Digital COVID Certificate - third-country nationals

2022/0030(COD)

PURPOSE: to extend the application of Regulation (EU) 2021/954 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to certain categories of third country nationals lawfully residing or staying in the Union.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: under the Schengen acquis, third country nationals lawfully residing in the Union and third country nationals who have legally entered the territory of a Member State may move freely within the territories of all other Member States during a period of 90 days in any 180-day period.

On 14 June 2021, the European Parliament and the Council adopted Regulation (EU) 2021/953 establishing the EU Digital COVID Certificate. That Regulation sets out a common framework for the issuance, verification and acceptance of interoperable certificates for COVID-19 vaccination, test or recovery certificates to facilitate free movement of EU citizens and their family members during the COVID-19 pandemic.

Regulation (EU) 2021/953 is accompanied by Regulation (EU) 2021/954 of the European Parliament and of the Council, which extends the EU Digital COVID Certificate framework to third-country nationals who are legally staying or residing in a Member State’s territory and who are entitled to travel to other Member States in accordance with Union law.

Regulations (EU) 2021/953 and (EU) 2021/954 are due to expire on 30 June 2022. Nevertheless, the pandemic is still on-going and the recent outbreak of the ‘Omicron’ variant of concern continues to negatively impact travel within the Union. Consequently, the EU Digital COVID Certificate remains relevant and it is necessary to allow for its continued use.

CONTENT: under this proposal, the Commission is proposing to extend, by 12 months (until 30 June 2023), the application of Regulation (EU) 2021/954, which lays down a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to certain categories of third country nationals lawfully residing or staying in the Union.

The proposed Regulation should not be understood as facilitating or encouraging the adoption of travel restrictions in response to the pandemic. In addition, any need for verification of certificates established by Regulation (EU) 2021/953 should not be considered to justify the temporary reintroduction of controls at internal borders.

This proposal complements the proposal to extend the period of application of Regulation (EU) 2021/953 on a framework for the issue, verification and acceptance of interoperable covid-19 vaccination, testing and recovery certificates (EU Digital COVID Certificate) in order to facilitate free movement during the COVID-19 pandemic.