Regulation (EU) 2022/1035 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

Summary:

Regulation (EU) 2022/1035 - formally signed by the co-legislators on 29 June 2022 - introducing amendments to Regulation (EU) 2021/954 concerning 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.

Further information:

Regulation (EU) 2021/954 was adopted alongside Regulation (EU) 20201/953 establishing the EU Digital COVID Certificate. The latter applies to EU citizens or their family members who may be a third-country national. The former Regulation aimed to ensure that the same framework applied to other third-country nationals who are legally staying or legally residing on the territory of an EU Member State and who are entitled to travel to another Member State in accordance with EU law.

On 3 February 2022, the European Commission proposed to extend this Regulation, considering the prevalence of the virus across the European Union (EU) and the inability to determine the impact of a potential increase in infections or emergence of new variants. The Coreper adopted a position on behalf of the Council of the European Union on 11 March. The plenary of the European Parliament adopted a negotiating position on 5 May. An informal agreement between the co-legislators on a compromise text for this file was reached on 13 June.

In addition to the prolongation, this extension also includes:

• an obligation for the Commission to submit a detailed report by 31 December 2022;
• the possibility to issue a certificate of recovery following an antigen test;
• the expansion of the range of authorised antigen tests used to qualify for a COVID-19 certificate;
• the possibility to allow vaccination certificates to be issued to persons participating in clinical trials.

The compromise text was formally endorsed by the Parliament on 23 June and by the Council on 28 June. The Act was signed by the co-legislators on 29 June 2022 and published in the Official Journal on 30 June 2022. Similar legislation was adopted concerning EU citizens and their family members.

Official

EUR-LEX: COM(2022)55: Proposal for a Regulation 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 https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2022:55:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on EU Digital COVID Certificate - third-country nationals (2022/0030(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2022/0030(COD)

European Parliament: Legislative Train Schedule: Proposal amending and extending the EU Digital Covid Certificate https://www.europarl.europa.eu/legislative-train/theme-promoting-our-european-way-of-life/file-eu-digital-covid-certificate

European Commission: Coronavirus Response: EU Digital COVID Certificate https://ec.europa.eu/info/live-work-travel-eu/coronavirus-response/safe-covid-19-vaccines-europeans/eu-digital-covid-certificate_en

General Secretariat of the Council: Policies: EU digital COVID certificate: how it works https://www.consilium.europa.eu/en/policies/coronavirus/eu-digital-covid-certificate/

European Commission: Press Release, 03/02/2022: Coronavirus: Commission proposes to extend the EU Digital COVID Certificate by one year https://ec.europa.eu/commission/presscorner/detail/en/ip_22_744

Council of the European Union: Press Release, 11/03/2022: COVID-19: Council agrees to extend the Regulation establishing the EU Digital COVID Certificate https://www.consilium.europa.eu/en/press/press-releases/2022/03/11/covid-19-council-agrees-to-extend-the-regulation-establishing-the-eu-digital-covid-certificate/

European Parliament: Press Release, 28/04/2022: EU COVID Certificate: committee backs one-year extension to ensure free movement https://www.europarl.europa.eu/news/en/press-room/20220425IPR27807/

European Parliament: Press Release, 05/05/2022: EU COVID Certificate: Parliament backs one-year extension https://www.europarl.europa.eu/news/en/press-room/20220429IPR28225/

Council of the European Union: Press Release, 13/06/2022: COVID-19: Council and European Parliament reach a provisional political agreement to extend the regulation establishing the EU digital COVID certificate https://www.consilium.europa.eu/en/press/press-releases/2022/06/13/covid-19-council-and-european-parliament-reach-a-provisional-political-agreement-to-extend-the-regulation-establishing-the-eu-digital-covid-certificate/

European Parliament: Press Release, 23/06/2022: EU COVID Certificate: MEPs approve one-year extension https://www.europarl.europa.eu/news/en/press-room/20220620IPR33418/

Council of the European Union: Press Release, 28/06/2022: COVID-19: Council extends the regulation establishing the EU digital COVID certificate https://www.consilium.europa.eu/en/press/press-releases/2022/06/28/covid-19-council-extends-the-regulation-establishing-the-eu-digital-covid-certificate/

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Commentary and Analysis

EPRS: At a Glance, March 2022: Extension of the EU Digital Covid Certificate https://www.europarl.europa.eu/thinktank/en/document/EPRS_ATA(2022)729310

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