COMMISSION IMPLEMENTING DECISION (EU) 2022/534

of 1 April 2022

establishing the equivalence, for the purpose of facilitating the right of free movement within the Union, of COVID-19 certificates issued by Malaysia to the certificates issued in accordance with Regulation (EU) 2021/953 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic (1), and in particular Article 8(2) thereof,

Whereas:

(1) Regulation (EU) 2021/953 lays down a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (‘EU Digital COVID Certificate’) for the purpose of facilitating the holders’ exercise of their right to free movement during the COVID-19 pandemic. It is also to contribute to facilitating the gradual lifting of restrictions to free movement put in place by Member States, in accordance with Union law, to limit the spread of SARS-CoV-2, in a coordinated manner.

(2) Regulation (EU) 2021/953 allows for the acceptance of COVID-19 certificates issued by third countries to Union citizens and their family members where the Commission finds that those COVID-19 certificates are issued in accordance with standards that are to be considered as equivalent to those established pursuant to that Regulation. Furthermore, in accordance with Regulation (EU) 2021/954 of the European Parliament and of the Council (2), Member States are to apply the rules laid down in Regulation (EU) 2021/953 to third-country nationals who do not fall within the scope of that Regulation, but who are legally staying or residing in their territory and who are entitled to travel to other Member States in accordance with Union law. Therefore, any equivalence findings laid down in this Decision should apply to COVID-19 vaccination and test certificates issued by Malaysia to Union citizens and their family members. Similarly, on the basis of Regulation (EU) 2021/954, such equivalence findings should also apply to COVID-19 vaccination and test certificates issued by Malaysia to third-country nationals legally staying or residing in the territory of the Member States under the conditions laid down in that Regulation.

(3) On 18 November 2021 Malaysia provided the Commission with detailed information on the issuance of interoperable COVID-19 vaccination and test certificates under the system entitled ‘Vaccine Management System’. Malaysia informed the Commission that it considered that its COVID-19 certificates are being issued in accordance with a standard and a technological system, that are interoperable with the trust framework established by Regulation (EU) 2021/953 and that allow for the verification of the authenticity, validity and integrity of the certificates. In this regard, Malaysia informed the Commission that COVID-19 vaccination and test certificates issued by Malaysia in accordance with the ‘Vaccine Management System’ contain the data set out in the Annex to Regulation (EU) 2021/953.

(4) Malaysia also informed the Commission that it accepts vaccination certificates, test certificates only for nucleic acid amplification tests as well as recovery certificates issued by the Member States and EEA countries in accordance with Regulation (EU) 2021/953.

(5) On 10 March 2022, following a request by Malaysia, the Commission carried out technical tests that demonstrated that the COVID-19 vaccination and test certificates issued by Malaysia are in accordance with a system, the ‘Vaccine Management System’ that is interoperable with the trust framework established by Regulation (EU) 2021/953, and allows for the verification of the authenticity, validity and integrity of the certificates. The Commission also confirmed that the COVID-19 vaccination and test certificates issued by Malaysia in accordance with the ‘Vaccine Management System’ contain the necessary data.

(6) In addition, Malaysia informed the Commission that it issues interoperable vaccination certificates for COVID-19 vaccines. Those vaccines currently include Comirnaty, Vaxzevria, CoronaVac, Convidecia and WIBP-CorV.

(7) Malaysia also informed the Commission that it issues interoperable test certificates for nucleic acid amplification tests but not for rapid antigen tests.

(8) Furthermore, Malaysia informed the Commission that it does not issue interoperable certificates of recovery.

(9) In addition, Malaysia informed the Commission that when verifiers in Malaysia verify certificates, the personal data included in them will be processed only to verify and confirm the holder’s vaccination, test result or recovery status and will not be retained afterwards.

(10) The necessary elements for establishing that COVID-19 vaccination and test certificates issued by Malaysia in accordance with the ‘Vaccine Management System’ are to be considered as equivalent to those issued in accordance with Regulation (EU) 2021/953 are thus fulfilled.

(11) Therefore, COVID-19 vaccination and test certificates issued by Malaysia in accordance with the ‘Vaccine Management System’ should be accepted under the conditions referred to in Article 5(5) and Article 6(5) of Regulation (EU) 2021/953.

(12) In order for this Decision to be operational, Malaysia should be connected to the EU Digital COVID Certificate trust framework established by Regulation (EU) 2021/953.

(13) In order to protect the Union’s interests, in particular in the area of public health, the Commission may use its powers to suspend application of this Decision or repeal it, if the conditions of Article 8(2) of Regulation (EU) 2021/953 are no longer met.

(14) In order to connect Malaysia to the EU Digital COVID Certificate trust framework established by Regulation (EU) 2021/953 as rapidly as possible, this Decision should enter into force on the day of its publication in the Official Journal of the European Union.

(15) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 14 of Regulation (EU) 2021/953,

HAS ADOPTED THIS DECISION:

Article 1 COVID-19 vaccination and test certificates issued by Malaysia in accordance with the ‘Vaccine Management System’ shall, for the purpose of facilitating the right of free movement within the Union, be considered as equivalent to those issued in accordance with Regulation (EU) 2021/953.

Article 2 Malaysia shall be connected to the EU Digital COVID Certificate trust framework established by Regulation (EU) 2021/953.

Article 3 This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 1 April 2022. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 211, 15.6.2021, p. 1.

(2) Regulation (EU) 2021/954 of the European Parliament and of the Council of 14 June 2021 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 (OJ L 211, 15.6.2021, p. 24).