As expected, the national ambassadors of the Member States to the EU (Coreper) adopted on Wednesday 14 April their mandate on the ‘digital green certificate’, a tool presented by the Commission on 17 March that is designed to facilitate the return to free movement via a common form for Europeans who have been vaccinated, recently tested negative for Covid-19, or have recovered from the disease.
With this mandate, the EU Council should be able to informally start discussions with the European Parliament, but the latter is expected to adopt its mandate only at the end of April, in plenary session.
Several issues are still open for negotiation, particularly the type of vaccines that are recognised in the EU and Member States and that could be included on the certificates.
The Commission Regulation provides for the mandatory inclusion of only those vaccines authorised by the European Medicines Agency, but a concession has been made to countries such as Hungary that use as yet unauthorised vaccines such as Sputnik V.
The compromise reached therefore states that Member States are strongly encouraged to accept valid vaccination certificates issued by other Member States covering vaccines authorised under the World Health Organization (WHO) emergency list.
The day before, Commissioner for Justice Didier Reynders told MEPs that Member States should accept all certificates, regardless of the vaccine received by the traveller presenting the document (see EUROPE 12697/1).
One of the most important additions to the Commission’s text is a reminder that obtaining these certificates cannot be “a precondition for free movement” or “a travel document”.
Member States have also been careful to stress that these certificates will not have an impact on national measures in response to Covid-19: it will be up to Member States to decide whether to lift their testing or quarantine measures for arrivals on their territory.
The use of these certificates “in view of lifting restrictions remains the responsibility of the Member States”, the mandate says.
Another element brought by the EU Council is the flexibility of the text in relation to science and the level of knowledge about the disease, in particular with regard to the certificate for people who have recovered from Covid-19: the regulation will have to adapt to new scientific knowledge.
In addition, a transitional period of 6 weeks after the entry into force of the Regulation has been added to allow Member States that need more time to adopt the system to adapt. Member States that are already ready will be able to start using these certificates, and Member States that are still in transition will have to accept the certificates issued by other Member States.
A new article has also been added on the international dimension of the digital green certificate, specifying how certificates issued to EU citizens and their family members and to non-Member State nationals legally staying/residing in non-Member States should be treated.
The data protection provisions have also been strengthened on the basis of the joint opinion of the European Data Protection Supervisor and the European Data Protection Board (see EUROPE 12692/9).
The European digital green certificate will also be recognised in Ireland, which is in a common travel area with the UK.
Didier Reynders welcomed the agreement on Twitter, which he said showed “the determination to facilitate free movement”.
Portuguese Prime Minister António Costa also welcomed the adoption, saying he now wanted to see work begin with Parliament “to adopt this tool quickly” and make it operational this summer.
Links to the adopted mandate: https://bit.ly/3adg0tk; https://bit.ly/3aalV2e (Original version in French by Solenn Paulic)