The European Parliament adopted by 454 votes to 112, with 20 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending 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) with regard to third-country nationals legally staying or residing in the territories of Member States during the COVID-19 pandemic.

Parliament adopted its position at first reading under the ordinary legislative procedure, endorsing the Commission's proposal.

The regulation aims to facilitate the movement of third-country nationals legally staying or residing in the territory of the Member States during the COVID-19 pandemic by establishing a framework for the issuance, verification and acceptance of interoperable COVID-19 certificates relating to a person's vaccination against COVID-19, their test results or their recovery.

The EU digital COVID certificate was introduced by Regulation (EU) 2021/953 of the European Parliament and of the Council which set out a common framework for the issuance, verification and acceptance of interoperable COVID-19 certificates of vaccination, test or recovery in order to facilitate the exercise of the right to free movement of Union citizens and their family members during the COVID-19 pandemic.

The period of application of Regulation (EU) 2021/953 should be extended by 12 months (until 30 June 2023). As the purpose of Regulation (EU) 2021/954 is to extend the application of Regulation (EU) 2021/953 to certain categories of third-country nationals legally staying or residing in the Union, its period of application is therefore directly linked to that of Regulation (EU) 2021/953. Regulation (EU) 2021/954 is amended accordingly.

The regulation should enter into force on the day of its publication in the Official Journal of the European Union. It should apply from 1 July 2021 for as long as Regulation (EU) 2021/953 is applicable.

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.