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

What it is

to establish a common framework for the issuance, verification and acceptance of interoperable certificates on vaccination, testing and recovery to third-country nationals legally staying or legally residing in the territories of Member States during the COVID-19 pandemic (Digital Green Certificate). 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 who are legally resident or staying in a Member State can move freely within the territory of the other Member States, provided they fulfil certain conditions. The European Parliament adopted by 540 votes to 80, with 70 abstentions, amendments to 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 third-country nationals legally staying or legally residing in the territories of Member States during the COVID-19 pandemic (Digital Green Certificate). The matter was referred back to the committee responsible for inter-institutional negotiations. The proposal aims to facilitate the movement of third country nationals within the EU during the COVID-19 pandemic by establishing a common framework for the issuance, verification and acceptance of interoperable certificates of vaccination, testing and recovery from COVID-19. Without prejudice to the common measures on the crossing of internal borders by persons as laid down in the Schengen acquis, in particular in Regulation (EU) 2016/399, the framework for the issuance, verification and acceptance of interoperable certificates on COVID-19 vaccination, testing and recovery should also apply to third-country nationals who are not already covered by the EU COVID-19 certificate Regulation provided that they are legally staying or residing in the territory of a Member State and are authorised to travel to other Member States in accordance with Union law. Member States should be required to accept, under the same conditions, valid vaccination certificates issued by other Member States in compliance with this Regulation. On grounds of public health, this obligation should be limited to persons having received COVID-19 vaccines having been granted marketing authorisation by the European Medicines Agency or vaccines having received a WHO Emergency Use Listing. For certificates to be used effectively in connection with cross-border travel, they should be fully interoperable. Members stressed that all EU transport hubs, such as airports, ports, railway and bus stations, where the certificate is being verified, should apply standardised and common criteria and procedures for the verification of the EU COVID-19 certificate on the basis of guidance developed by the Commission. Furthermore, the Regulation should facilitate the application of the principles of proportionality and non-discrimination with regard to possible restrictions to free movement and other…

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