As announced, on Wednesday 17 March, the European Commission put forward a proposal for a Regulation to create a ‘Digital Green Certificate’ or ‘EU-Covid Card’.
With this regulation, the Commission is therefore proposing strict legislation to the Member States, whereas in the area of free movement it has, up to now, proceeded by means of non-binding recommendations.
The certificate will be aimed precisely at helping to “restore free movement”, which has been particularly affected by the pandemic, Commission President Ursula von der Leyen said on Wednesday.
But it will be addressed to all Europeans, not just those who have been vaccinated. In addition, this ‘Digital Green Certificate’ will not only be able to cover proof of a person’s vaccination, but also PCR test results or the degree of recovery of a person who has had Covid-19.
This tool, which is free of charge, will be requested by Member States to facilitate travel. However, being vaccinated should not be a precondition for travelling, the Commission insists, recalling that all European citizens have “the right to free movement”.
The main purpose of this regulation is to unify and make interoperable forms that are already required at national level to move from one country to another, such as PCR test declarations. The Commission also notes that some countries are already beginning to require proof of vaccination.
This European certificate will therefore aim to simplify the life of Europeans who need to travel in the EU by having their documents automatically recognised.
Three types of situations covered
In practice, this ‘EU-Covid Card’ covers three types of standard certificates on paper or on a phone with a QR code, respectively to prove the vaccination, to show the result of one’s test or the degree of recovery of the Covid-19.
Member States will, in theory, have to let anyone in with this tool, vaccinated or not. Current restrictions, such as quarantine measures or tests upon arrival, will therefore logically be lifted, but any decision to the contrary must be notified to the Commission, the text states.
In practice, the document will have to be presented before boarding a plane - the airline industry is particularly keen on this tool - or a train. “But for the cars, how will they be controlled?”, asked a diplomat. The Commission has guaranteed that no new border controls will be needed to regulate all this, even though this tool is used to re-establish free movement, but this remains a real question.
For personal data, the format used is as small as possible: name, address, date of birth, vaccine used, test result, etc. The certificate will say as little as possible and no data will be centralised. In the European Parliament, where the decision will be taken jointly, some, such as Patrick Breyer (Greens/EFA, Germany), are already concerned about the low level of data protection. One source admits that more work is needed on these aspects.
Which vaccines?
At this stage, only vaccines recognised by the European Medicines Agency can be included in the certificate, but the Hungarian government refuses to exclude other vaccines such as Russia’s Sputnik V. Each Member State at national level may decide on a case-by-case basis to accept a non-recognised vaccine.
What is the timetable?
The Commission, pushed by southern EU countries such as Greece and Cyprus, would like to have this tool ready by the end of May, which implies a quick adoption procedure in the European Parliament. “If no progress is made, it could be decided to use recommendations again”, says a source.
Moderately enthusiastic reception at the European Parliament
The Renew Europe group welcomed this Digital Green Certificate, which “must be based on European values and accessible to all citizens”. “A coordinated European approach to movement within our Union is vital to provide certainty for businesses and citizens and to avoid the chaos of 27 national approaches. A digital certificate provides an opportunity for the European Union to open up more safely”, the group’s President, Dacian Cioloş (Romania), said in a statement.
But while Renew Europe “agrees to a fast track procedure between the co-legislators, we believe it is also imperative the proposal is closely scrutinised to ensure privacy concerns are addressed and discrimination limited”.
The S&D group in the Parliament also supports the proposal and “the Commission’s efforts to coordinate the lifting of national travel restrictions related to Covid-19”.
But the group also stresses that “when considering legislative proposals, S&D MEPs will seek to ensure that public health is not put at risk, but also that personal data and freedom of movement across Europe, especially in the run-up to the summer tourist season, are also protected and ensured”.
The certificates “must not introduce internal border controls through the back door by imposing conditions for border crossings in the Schengen area”, recalled, also, the German MEP, Birgit Sippel.
“We fully understand - and also share - the desire of our societies to regain a dynamic social life, especially in the run-up to the summer holidays”, commented Philippe Lamberts (Greens/EFA, Belgium).
“This instrument should not, however, lead to discrimination in free movement between those who are vaccinated and those who are not yet vaccinated, cannot be vaccinated or have chosen not to be vaccinated. Especially since we do not yet have conclusive evidence that vaccination prevents the transmission of the disease”, he added.
Link to the Regulation: http://bit.ly/3rZlcbb (Original version in French by Solenn Paulic)