Considerations on COM(2023)296 - Joining the global digital health certification network established by the World Health Organization and on temporary arrangements to facilitate international travel - Main contents
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| dossier | COM(2023)296 - Joining the global digital health certification network established by the World Health Organization and on temporary ... |
|---|---|
| document | COM(2023)296 |
| date | June 27, 2023 |
(2) The EU Digital COVID Certificate was paramount in safeguarding free movement and travel and its underlying technology could continue to serve as a tool, necessary to be better prepared for possible future health crises, allowing citizens and business to mitigate the impact of communicable diseases and ensure a proper preparedness. This is also in line with the special report of the European Court of Auditors11.
(3) Regulation (EU) 2021/953 is set to expire on 30 June 2023.
(4) The World Health Organization (WHO) will establish a global digital health certification network. The global digital health certification network is a mechanism to support the verification of certificates that are issued by participants of the global digital health certification network. Such certificates would initially concern COVID-19 certificates, and could, at a later stage, also include certification of other documents, such as routine immunisation records and the International Certificate of Vaccination or Prophylaxis for the purposes of international travel and continuity of care.
(5) The establishment of systems to mitigate the impact of global health crises on travel for citizens and businesses should be seen as a major pillar of the EU’s preparedness agenda. Participation in the WHO global digital health certification network would contribute to the global alignment of health certificate standards and establishment of a system for the recognition of digital health certificates for international travel and continuity of care.
(6) The global digital health certification network being developed by the WHO takes up the EU Digital COVID Certificate trust framework, principles and open technologies under its own structure. Member States should be encouraged to connect to the WHO global digital health certification network as soon as possible before 30 September 2023, provided that it complies with the technical specifications issued in accordance with Regulation (EU) 2021/953. For a smooth transition from the EU Digital COVID Certificate system to the WHO global digital health certification network, Member States should be invited to issue new digital signer certificates used for the issuance of the EU Digital COVID Certificates before the expiry of Regulation (EU) 2021/953 to ensure their maximum technical validity and register these in the EU Gateway.
(7) The Commission intends to ensure a smooth transition for Member States to join the WHO global digital health certification network, by maintaining the EU Gateway until 30 September 2023 in a manner that supports the objectives of this Recommendation. To that end, the Commission intends to finance the EU Gateway through the Digital Europe Programme established by Regulation (EU) 2021/694 of the European Parliament and of the Council12. This should allow the Member States and third countries connected to the EU Gateway sufficient time to adopt the procedures necessary to onboard the WHO global digital health certification network.
(8) All Union citizens and residents travelling outside the Union should have at their disposal means to prove their COVID-19 related status, whenever this is specifically requested for travelling outside of the Union. The absence of such means of proof could reduce the willingness and ability of Union passengers to travel to certain destinations, which in turn could have a negative impact on the provision of transport services. Moreover, unequal conditions for the issuance of such certificates between the Member States could affect fair competition between transport operators if international travel from certain Member States is less cumbersome because relevant COVID-19 certificates are easily accessible. Therefore, once connected to the WHO global digital health certification network, Member States should also be invited to issue, upon request, certificates in the format compatible with the technical specifications laid down in Commission Implementing Decision (EU) 2021/107313, for the purposes of facilitating international travel by any means of transport to third countries requiring such certificates. In addition to facilitating international travel, such issuance could contribute to the global alignment of health certificate standards and the development of a system for the recognition of digital health certificates facilitating the continuity of care.
(9) Member States should issue such certificates, including during the transitional period, in a digital or paper-based format, or both. The prospective holders should be entitled to receive the certificates in the format of their choice. The information contained in the certificates should also be shown in human-readable form and be provided in at least the official language or languages of the issuing Member State and in English.
(10) The uptake of the EU Digital COVID Certificate by the WHO global digital health certification network should enable third countries which still have in place COVID-19 related requirements as conditions for entry in their territories, and which are connected to the interoperability gateway of the trust framework set up under Regulation (EU) 2021/953 (the ‘EU Gateway’), to accept and verify both certificates issued before and after 1 July 2023.
(11) Situations whereby a Union citizen or resident is requested to show a COVID-19 certificate by a third country and cannot easily provide one because the EU Digital COVID Certificate system is not functional should be avoided, as this would represent a limitation to international travel by any means of transport.
(12) From the perspective of travellers to the Union, as a resurgence of COVID-19 cases or an outbreak of another disease cannot be ruled out in any part of the world, one or several Member States could in the future introduce new, public health measures limiting the entry into their territory of persons travelling from third countries. While any such restrictions should be applied in accordance with the general principles of proportionality and non-discrimination, they could be justified on public interest grounds, namely the safeguarding of public health. To ensure that such public health concerns can be adequately addressed, Member States should continue to be able to accept and verify certificates issued by third countries in compliance with the high standards currently laid down in Regulation (EU) 2021/953. Where Member States require proof of COVID-19 vaccination, test or recovery in order to waive restrictions to travel into the Union, they should accept proofs of COVID-19 vaccination, recovery or testing previously covered by an implementing act adopted pursuant to Article 3(10) or Article 8(2) of Regulations (EU) 2021/953, in line with the approach set out in Council Recommendation (EU) 2022/254814.
(13) As the issuance of appropriate, interoperable certificates can contribute to facilitating international travel to certain third countries by any means of transport, Member States should be invited to ensure, including during the transitional period, that cross-border passenger transport service operators required to implement COVID-19 related public health measures integrate the verification of such certificates into the operation of cross-border transport infrastructures, such as airports, ports and railway and bus stations, where appropriate.
(14) The Council called on the Commission to “explore the added value of a digital version of vaccination certificates, taking into consideration the experiences with European digital infrastructures and other existing tools, such as the International Certificate of Vaccination or Prophylaxis”15. Similar developments are planned by the WHO, which intends to further develop the WHO global digital health certification network, in order to, for example, support the digitisation of International Certificate of Vaccination and Prophylaxis, or vaccination certificates for routine immunisation. Therefore, the Member States should be invited to actively participate in the effort to further develop the network, as well as to issue, accept and verify other types of vaccination certificates or health data, as relevant.
(15) During a transitional period until 30 September 2023, and in order to ensure a smooth transition to the WHO global digital health certification network, Member States who have not yet connected to the WHO global digital health certification network should continue to issue, upon request, COVID-19 vaccination, test and recovery certificates in the format compatible with the technical specifications laid down in Commission Implementing Decision (EU) 2021/107316. Also, during this transitional period, where Member States require proof of COVID-19 vaccination, test or recovery in order to waive restrictions to travel into the Union, they should accept proofs of COVID-19 vaccination, recovery or testing previously covered by an implementing act adopted pursuant to Article 3(10) or Article 8(2) of Regulations (EU) 2021/953, in line with the approach set out in Council Recommendation (EU) 2022/254817.
(16) During the same period, Member States who have not yet connected to the WHO global digital health certification network should also remain connected to the EU Gateway, insofar as such gateway is being maintained by the Commission. Those Member States who have already connected to the WHO global digital health certification network should synchronise the information they upload to the WHO global digital health certification network with the EU Gateway.
(17) Member States should give effect to this Recommendation as of 1 July, which is the day after the expiry of Regulation (EU) 2021/953, so that any possible disruption, especially concerning international travel to third countries still requiring COVID certificates, is avoided. Specifically as regards the issuance of a new digital signer certificate, Member States can only do so while Regulation (EU) 2021/953 is still in force. They are therefore invited to give this certificate the maximum possible technical validity and to register it in the EU Gateway before the expiry of Regulation (EU) 2021/953 on 30 June 2023.
(18) Regulation (EU) 2016/679 of the European Parliament and of the Council18 applies to the processing of personal data carried out when implementing this Recommendation. Member States should therefore ensure at all times that the relevant provisions of Union law concerning personal data are complied with.