EC proposes Digital Green Certificate

24 March 2021: The European Commission published on 17 March 2021 a proposal for a ‘Digital Green Certificate’. The Certificate will be a proof that a person that has been vaccinated against COVID-19, received a negative test result or recovered from COVID-19, allowing them to travel across the EU and opening the way for travel arrangements with third countries.

The Commission proposed to establish an EU-wide framework for the issuance, verification and acceptance of vaccination certificates within the bloc. This framework will also cover other certificates issued during the pandemic, namely documents certifying a negative test result for COVID-19 as well as documents certifying that the person concerned has recovered from a previous infection.

The Commission also adopted a complementary proposal to ensure that the Digital Green Certificate is also issued to non-EU nationals who reside in Member States or Schengen Associated States and to visitors who have the right to travel to other Member States. Separate proposals to cover citizens and non-EU citizens are necessary for legal reasons; there is no difference in treatment of citizens and eligible non-EU citizens for the purpose of the certificates.

Key points of the EC proposal :

• The certificates will be issued in digital format. They will contain an interoperable, machine readable QR code containing necessary key data as well as a digital signature. Member States can also issue the certificates in a paper-based format to allow the holders to request and receive a paper copy of the certificate. It will have the same QR code.
• To improve cross-border acceptance, the information on the certificate should be written in the language of the issuing member state and English.
• They will be free of charge.
• The European Commission will build a gateway, allowing all certificate signatures can be verified across the Member States.
• All EU citizens and their family members, non-EU nationals staying or residing in the Member States with the right to travel to other member states, will be eligible to receive a certificate. The same will apply to Iceland, Liechtenstein and Norway. As regards Switzerland, the Commission will be able to accept Swiss certificates issued in accordance with the Digital Green Certificate, based on reciprocity from Switzerland.
• A certificate of recovery should be issued at the earliest from the eleventh day after the first positive test and should be valid for not more than 180 days.
• Only the results of so-called NAAT tests (including RT-PCR tests) and rapid antigen tests should be eligible for a test certificate.
• When it comes to waiving free movement restrictions, Member States will have to accept vaccination certificates for vaccines which received EU authorisation.
• If a Member State requires holders of certificates to undergo, after entry into its territory, quarantine, self-isolation or a test for COVID-19 infection, or if it denies entry to such persons, it has to notify the other Member States and the Commission before the planned introduction of such restrictions.
• The framework will ensure coherence with global initiatives, those involving the WHO. This should include, where possible, interoperability between technological systems established at global level and the systems established in the EU. The Digital Green Certificate system will be suspended once the World Health Organization declares the end of the international public health emergency caused by COVID-19.

Next steps:

To be ready before the summer, this proposal needs a swift adoption by the European Parliament and the Council. In the European Parliament, the Committee on Civil Liberties, Justice and Home Affairs is preparing to take the lead on the proposal.

In parallel, Member States must implement the trust framework and technical standards, agreed in the eHealth network, to ensure timely implementation of the Digital Green Certificate, their interoperability and full compliance with personal data protection. The aim is to have the technical work and the proposal completed in the coming months.

In June 2021, upon request by the European Council, the European Commission will publish a paper on the lessons learnt from the pandemic and the way towards a more resilient economy.

The main idea of this certificate is to allow people to travel easily throughout the EU without having to undergo quarantine or mass testing beforehand. How effective will this idea been remains to be seen, as the European Centre for Disease Prevention and Control has said there wasn't enough information yet on how long virus immunity from vaccines or prior infections lasts to justify granting special privileges.

Another much debated part is which vaccines will be covered by the new certificate. The guidelines for the certificate say that vaccines authorised by the EMA are to be accepted, however each state can decide if they also wish to accept a certificate with the Russian Sputnik V or the Chinese Sinopharm vaccines. 

Over the longer term, the EU must also put in place a stronger framework for resilience and preparedness in the eventuality of future pandemics. The EU has set up a European bio-defence preparedness plan “HERA Incubator” against COVID-19 variants to bring together researchers, biotech companies, manufacturers, regulators and public authorities to monitor variants, exchange data and cooperate on adapting vaccines. This might set the basis for a European Health Union.