Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a framework for the issuance, verification and acceptance of interoperable certificates on vaccination, testing and recovery to third-country nationals legally staying or legally residing in the territories of Member States during the COVID-19 pandemic (Digital Green Certificate)
Date: 2021-03-17
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU Member State, coronavirus disease, epidemic, foreign national, free movement of persons, health certificate, health control, residence permit, technical specification, vaccination

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   EUROPEAN COMMISSION  Brussels, 17.3.2021  COM(2021) 140 final 2021/0071 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a framework for the issuance, verification and acceptance of interoperable certificates on vaccination, testing and recovery to third-country nationals legally staying or legally residing in the territories of Member States during the COVID-19 pandemic (Digital Green Certificate)   
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

In  accordance  with  the  Convention  implementing  the  Schengen  Agreement,  third-country 
nationals  legally  residing  or  legally  staying  in  a  Member  State  may  travel  freely  within  the 
territories of the other Member States, provided that they fulfil certain conditions. The policy 
developed by the Union ensuring  the  absence of any  controls  on persons when crossing the 
internal  borders  thus  benefits  not  only  Union  citizens  but  also  third  country  nationals  that 
have the right to travel in the EU. However, some of the restrictions adopted by the Member 
States in order to limit the spread of severe acute respiratory syndrome coronavirus 2 (‘SARS-
CoV-2’), which causes coronavirus disease 2019  (‘COVID 19’), have had an impact  on the 
exercise of that right. These measures often consisted of restrictions on entry or other specific 
requirements  applicable  to  cross-border  travellers,  such  as  to  undergo  quarantine  or  self-
isolation or to be tested for SARS-CoV-2 infection prior to and/or after arrival. 

To  ensure  a  well-coordinated,  predictable  and  transparent  approach  to  the  adoption  of 
restrictions  on  freedom  of  movement,  the  Council  adopted,  on  13  October  2020,  Council 
Recommendation  (EU)  2020/1475  on  a  coordinated  approach  to  the  restriction  of  free 
movement in response to the COVID-19 pandemic, which addresses also the situation of third 
country  nationals  legally  staying  or  legally  residing  in  the  Union1.  In  line  with  point  17  of 
Council  Recommendation  (EU)  2020/1475,  Member  States  could  require  persons  travelling 
from  risk  areas  in  another  EU  Member  State  to  undergo  quarantine/self-isolation  and/or  to 
undergo a test for SARS-CoV-2 infection prior to and/or after arrival.  

To  show  compliance  with  the  different  requirements,  travellers  have  been  asked  to  provide 
various  types  of  documentary  evidence,  such  as  medical  certificates,  test  results,  or 
declarations.  The  absence  of  standardised  and  secured  formats  has  resulted  in  travellers 
experiencing problems in the acceptance of their documents, as well as reports of fraudulent 
or  forged  documents  being  presented2.  These  issues,  which  can  lead  to  unnecessary  delays 
and  obstacles,  are  likely  to  become  even  more  prominent  as  more  and  more  Europeans  are 
being  tested  for  and  vaccinated  against  COVID-19  and  receive  documentary  proof  to  this 
effect. The European Council has taken up this matter. In their statement, adopted following 
the informal video conferences on 25 and 26 February 20213, the members of the European 
Council called for work to continue on a common approach to vaccination certificates. 

There is consensus among Member States on the use of such certificates for medical purposes, 
such as to ensure proper follow-up between a first and second dose, as well as any necessary 
subsequent booster. Member States are working on developing vaccination certificates, often 
using information available in immunisation registries.  

The  Commission  has  been  working  with  the  Member  States  in  the  eHealth  Network,  a 
voluntary  network  connecting  national  authorities  responsible  for  eHealth,  on  preparing  the 
interoperability of vaccination certificates. On 27 January 2021, the eHealth Network adopted 
Guidelines on proof of vaccination for medical purposes which it updated on 12 March 20214. 
These guidelines define the central interoperability elements, namely a minimum dataset for 

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OJ L 337, 14.10.2020, p. 3. 
https://www.europol.europa.eu/early-warning-notification-illicit-sales-of-false-negative-covid-19-test-
certificates  
SN 2/21. 
https://ec.europa.eu/health/sites/health/files/ehealth/docs/vaccination-proof_interoperability-
guidelines_en.pdf  

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vaccination certificates, and a unique identifier. The eHealth Network and the Health Security 
Committee  established  by  Article  17  of  Decision  No 1082/2013/EU  of  the  European 
Parliament and of the Council5 have also been working on a common standardised set of data 
for  COVID-19  test  result  certificates6,  guidelines  on  recovery  certificates  and  respective 
datasets, and an outline on the interoperability of health certificates7. 

Based on the technical work carried out so far, the Commission proposes, in its proposal for a 
Regulation  on  a  Digital  Green  Certificate  (COM(2021)/xxx),  that  is  presented  in  parallel  to 
this  proposal,  to  establish  an  EU-wide  framework  for  the  issuance,  verification  and 
acceptance of vaccination certificates within the EU as part of a “Digital Green Certificate”. 
At  the  same  time,  this  framework  should  also  cover  other  certificates  issued  during  the 
COVID-19  pandemic,  namely  documents  certifying  a  negative  test  result  for  SARS-CoV-2 
infection  as  well  as  documents  certifying  that  the  person  concerned  has  recovered  from  a 
previous  infection  with  SARS-CoV-2.  This  allows  persons  who  are  not  vaccinated  or  who 
have  not  yet  had  the  opportunity  to  be  vaccinated  to  benefit  from  such  an  interoperable 
framework as well, facilitating their travel. While children, for example, cannot benefit from 
COVID-19 vaccination  for the time being, they should  be able to  receive a test or recovery 
certificate, which could also be received by their parents on their behalf.  

The  framework  set  out  in  the  proposal  for  a  Regulation  on  a  Digital  Green  Certificate 
(COM(2021)/xxx)  applies  to  Union  citizens  or  their  family  members  who  may  be  a  third 
country national. This proposal has the objective of ensuring that the same framework applies 
to other third-country nationals who are legally staying or legally residing on the territory of 
an EU Member State and who are entitled to  travel  to  another Member  State in  accordance 
with Union law.  

Pursuant to Article 77(2)(c) of the Treaty on the Functioning of the European Union (TFEU), 
the  Union  shall  develop  policies  setting  out  the  conditions  under  which  nationals  of  third 
countries shall have the freedom to travel within the Union. However, some of the measures 
adopted by Member States to limit the spread of the COVID-19 outbreak have had an impact 
on the freedom to travel within the Union of legally staying or legally residing third-country 
nationals.  These  measures  have  often  consisted  of  restrictions  on  entry  or  other  specific 
requirements  applicable  to  cross-border  travellers,  with  a  particular  high  impact  on  persons 
living  in  border  regions  and  crossing  borders  as  part  of  their  daily  life  for  work,  education, 
health  care,  shopping,  cultural  and  leisure  activities,  such  as  the  requirement  to  undergo 
quarantine  or  self-isolation  or  to  be  tested  for  COVID-19  infection  prior  to  and/or  after 
arrival. 

Council  Recommendation  (EU)  2020/1475  established  a  coordinated  approach  on  the 
following  key  points:  the  application  of  common  criteria  and  thresholds  when  deciding 
whether  to  introduce  restrictions  to  free  movement,  a  mapping  of  the  risk  of  COVID-19 
transmission, published by the European Centre for Disease Prevention and Control (ECDC)8, 
based on an agreed colour code, and a coordinated approach as to the measures, if any, which 

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at: 

Decision  No  1082/2013/EU  of  the  European  Parliament  and  of  the  Council  of  22  October  2013  on 
serious cross-border threats to health and repealing Decision No 2119/98/EC (OJ L 293, 5.11.2013, p. 
1). 
Available 
19_rat_common-list_en.pdf  
Available 
framework_interoperability_certificates_en.pdf  
https://www.ecdc.europa.eu/en/covid-19/situation-updates/weekly-maps-coordinated-restriction-free-
movement  

https://ec.europa.eu/health/sites/health/files/preparedness_response/docs/covid-

https://ec.europa.eu/health/sites/health/files/ehealth/docs/trust-

at: 

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may appropriately be applied to persons moving between areas, depending on the level of risk 
of transmission in those areas. 

On  30  October  2020,  the  Council  adopted  Council  Recommendation  (EU)  2020/1632  on  a 
coordinated  approach  to  the  restriction  of  free  movement  in  response  to  the  COVID-19 
pandemic in the Schengen area, in which it recommended Member States that are bound by 
the  Schengen  acquis  to  apply  the  principles,  common  criteria,  common  thresholds  and 
common  framework  of  measures,  set  out  in  Council  Recommendation  (EU)  2020/1475.  To 
ensure  interoperability  between  the  different  technical  solutions  for  vaccination  certificates 
being developed by the Member States, some of which have already started accepting proofs 
of  vaccination  to  exempt  travellers  from  certain  restrictions,  uniform  conditions  for  the 
issuance,  verification  and  acceptance  of  certificates  on  COVID-19  vaccination,  tests  and 
recovery are needed. 

The  “Digital  Green  Certificate”  framework  to  be  established  should  lay  out  the  format  and 
content of certificates on COVID-19 vaccination, testing and recovery. The Commission also 
proposes that the “Digital Green Certificate” framework should ensure that these certificates 
can be issued in an interoperable format and be reliably verified when presented by the holder 
in other Member States, thereby facilitating travel within the European Union. 

The  certificates  should  contain  only  such  personal  data  as  is  necessary.  Given  that  the 
personal data includes sensitive medical data, a very high level of data protection should be 
ensured  and  data  minimisation  principles  should  be  preserved.  In  particular,  the  “Digital 
Green Certificate” framework should not require the setting up and maintenance of a database 
at  EU  level,  but  should  allow  for  the  decentralised  verification  of  digitally  signed 
interoperable certificates.   

The  proposed  Regulation  (EU)  2021/XXX  takes  into  account  ongoing  efforts  at  the 
international level, such as under the auspices of the World Health Organization (‘WHO’) and 
other specialised agencies of the United Nations, to establish specifications and guidance for 
using  digital  technologies  for  documenting  vaccination  status.  Third  countries  should  be 
encouraged  to  recognise  the  “Digital  Green  Certificate”  when  waiving  restrictions  on  non-
essential  travel.  In  particular,  this  could  include  interoperability  between  technological 
systems  established  at  global  level  and  the  systems  established  for  the  purpose  of  this 
Regulation to facilitate travel within the European Union.  

• 

Consistency with existing policy provisions in the policy area 

This  proposal  is  without prejudice to  the Schengen rules  as regards the  entry  conditions  for 
third  country  nationals.  The  proposed  Regulation  should  not  in  any  way  be  understood  as 
encouraging  or  facilitating  the  reintroduction  of  border  controls  at  internal  borders,  which 
must  remain  a  measure  of  last  resort  subject  to  the  conditions  set  out  in  Regulation  (EU) 
2016/399 (“the Schengen Borders Code”)9. 

The  proposal  complements  and  builds  upon  other  policy  initiatives  adopted  during  the 
COVID-19  pandemic  in  the  field  of  free  movement  and  travelling,  such  as  Council 
Recommendation  (EU)  2020/1475,  Council  Recommendation  (EU)  2021/119,  Council 
Recommendation  (EU)  2020/912  and  Council  Recommendation  (EU)  2021/13210.  In 

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Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union 
Code on the rules governing the movement of persons across borders (OJ L 77, 23.3.2016, p.1). 
Council  Recommendation  (EU)  2021/119  of  1  February  2021  amending  Recommendation  (EU) 
2020/1475 on a coordinated approach to the restriction of free movement in response to the COVID-19 

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particular, Council Recommendation (EU) 2020/1475  describes  the general  principles based 
on  which  Member  States  should  coordinate  their  actions  when  adopting  and  applying 
measures  to  protect  public  health  in  response  to  the  COVID-19  pandemic,  and  Council 
Recommendation  (EU)  2020/912  lists  the  third  countries  from  where  non-essential  travel 
should  be  allowed,  as  well  as  the  functions  and  needs  for  which  essential  travel  is  allowed 
irrespective  of  the  third  country  of  origin.  For  the  immediate  future,  the  Commission  will 
keep  the  operation  of  the  latter  Recommendation  under  close  review,  and  propose 
amendments in line with developments in this area. 

• 

Consistency with other Union policies 

This  proposal  is  part  of  the  set  of  EU  measures  to  respond  to  the  COVID-19  pandemic.  It 
builds, in particular, on previous technical work carried out in the Health Security Committee 
and the eHealth Network, a voluntary network connecting national authorities responsible for 
eHealth. 

This proposal is consistent with the Union's policy on immigration of third country nationals. 

Existing  EU  legislation  does  not  contain  any  provisions  on  the  issuance,  verification  and 
acceptance  of  certificates  documenting  the  holder’s  health  status,  even  if  the  production  of 
such certificates may be necessary to waive certain restrictions on the right to travel imposed 
during  a  pandemic.  It  is  therefore  necessary  to  establish  provisions  in  order  to  ensure  the 
interoperability and security of such certificates. 

This proposal takes into account ongoing efforts at the international level, such as under the 
auspices  of  specialized  agencies  of  the  United  Nations  including  the  World  Health 
Organization  (‘WHO’),  on  the  basis  of  the  International  Health  Regulations,  to  establish 
specifications and guidance for using digital technologies for documenting vaccination status. 
Third  countries  should  be  encouraged  to  recognise  the  “Digital  Green  Certificate”  when 
waiving restrictions on non-essential travel. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Article  77(2)(c)  TFEU  stipulates  that  the  Union  shall  set  out  the  conditions  under  which 
legally staying or legally residing nationals of third countries shall have the freedom to travel 
within the Union for a short period. The ordinary legislative procedure applies. 

The proposal aims to facilitate the travel of third-country nationals within the EU during the 
COVID-19 pandemic by establishing a common framework for the issuance and acceptance 
of  interoperable  certificates  on  COVID-19  vaccination,  testing  and  recovery.  This  should 
allow third-country nationals  legally staying or legally residing in  a Member State and who 
are entitled to travel to the other Member States to demonstrate that they fulfil public health 
requirements  imposed,  in  compliance  with  Union  law,  by  the  Member  State  of  destination. 
The proposal also aims to ensure that restrictions to the freedom to travel currently in place to 
limit  the  spread  of  COVID-19  can  be  lifted  in  a  coordinated  manner  as  more  scientific 
evidence becomes available. 

pandemic (Text with EEA relevance), OJ L 36, 2.2.2021, p. 1–6, and Council Recommendation (EU) 
2021/132 of 2 February 2021 amending Recommendation (EU) 2020/912 on the temporary restriction 
on non-essential travel into the EU and the possible lifting of such restriction OJ L 41, 4.2.2021, p. 1–5 

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This  proposal  establishes  neither  an  obligation  nor  a  right  to  vaccination.  Vaccination 
strategies are a national competence of the Member States.  

• 

Subsidiarity (for non-exclusive competence)  

The  objectives  of  this  proposal,  namely  to  facilitate  travelling  within  the  Union  during  the 
COVID-19  pandemic  by  establishing  secure  and  interoperable  certificates  on  the  holder’s 
vaccination, testing and recovery status cannot be sufficiently achieved by the Member States 
individually but can rather, by reason of the scale and effects of the action, be better achieved 
at Union level.  

Absence of EU level action would likely result in Member States adopting different systems, 
resulting  in  legally  staying  or  legally  residing    third-country  nationals  exercising  their 
freedom  to  travel  experiencing  problems  in  terms  of  having  the  documents  they  have  been 
issued  recognised  in  other  Member  States.  In  particular,  it  is  necessary  to  agree  on  the 
technical  standards  to  be  used  to  ensure  interoperability,  security  and  verifiability  of  the 
certificates being issued. 

• 

Proportionality 

EU action can add considerable value in addressing the challenges identified above and is the 
only way by which a converged and compatible framework can be achieved and maintained.  

The adoption of unilateral or uncoordinated measures regarding COVID-19 health certificates 
may lead to measures that limit the possibility for third country nationals who are entitled to 
travel within the Union, to engage in such travel. 

In  line  with  the  rules  set  out  in  Regulation  (EU)  2021/XXXX  which  apply  entirely  to  this 
proposed  Regulation,  the  proposed  Regulation  should  be  suspended  once  the  COVID-19 
pandemic has been overcome, since as of that point, there is no justification to oblige third-
country nationals  to  present  any health documents when travelling within the Union. At the 
same  time,  its  application  should  resume  if  the  WHO  declares  another  pandemic  due  to  an 
outbreak  of  SARS-CoV-2,  a  variant  thereof,  or  of  similar  infectious  diseases  with  epidemic 
potential.  

• 

Choice of the instrument 

A  Regulation  ensures  the  direct,  immediate  and  common  implementation  of  EU  law  in  all 
Member States. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Stakeholder consultations 

The proposal takes into account the discussions held at regular intervals with Member States, 
the technical  exchanges  taking place within the  Health Security  Committee and the  eHealth 
Network,  the  information  available  on  the  evolving  epidemiological  situation  and  relevant 
available scientific evidence. 

• 

Collection and use of expertise 

The  proposal  builds  on  the  technical  exchanges  taking  place  within  the  Health  Security 
Committee  and  the  eHealth  Network,  the  information  published  by  ECDC  on  the 
epidemiological situation related to the COVID-19 pandemic, and relevant available scientific 
evidence. 

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• 

Impact assessment 

In view of the urgency, the Commission did not carry out any impact assessment. 

• 

Fundamental rights 

This proposal implies processing of personal data, including health data. There are potential 
impacts on individuals’ fundamental rights, namely Article 7 of the Charter on the respect of 
private  life  and  Article  8  on  the  right  to  the  protection  of  personal  data.  Processing  the 
personal data of individuals, including collection, access and use of personal data, affects the 
right  to  privacy  and  the  right  to  protection  of  personal  data  under  the  Charter.  Interference 
with these fundamental rights must be justified. 

As  regards  the  right  to  the  protection  of  personal  data  including  data  security,  Regulation 
(EU) 2016/679 of the European Parliament and of the Council11 applies. No derogation from 
the  data  protection  regime  of  the  Union  is  envisaged  and  clear  rules,  conditions  and  robust 
safeguards must be implemented by Member States in line with the EU data protection rules. 
The  proposed  Regulation  does  not  establish  a  European  database  on  vaccination,  testing  or 
recovery  from  COVID-19. For the purposes  of the proposed Regulation, personal  data need 
only  to  be  included  in  the  certificate  issued,  which  should  be  protected  against  falsification 
and tampering. 

4. 

BUDGETARY IMPLICATIONS 

The  financing  of  actions  supporting  this  initiative  will  be  covered  by  the  Legislative  Financial 
Statement submitted with the proposal for Regulation (EU) 2021/XXX. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not relevant.  

• 

Detailed explanation of the specific provisions of the proposal 

Article 1 of the proposal describes the subject matter of the proposed Regulation. 

Article 2 provides for an expedited entry into force of the Regulation. 

11 

Regulation  (EU)  2016/679  of  the  European  Parliament  and  of  the  Council  of  27  April  2016  on  the 
protection of natural persons with regard to the processing of personal data and on the free movement of 
such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, 
p. 1). 

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2021/0071 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on a framework for the issuance, verification and acceptance of interoperable 
certificates on vaccination, testing and recovery to third-country nationals legally 
staying or legally residing in the territories of Member States during the COVID-19 
pandemic (Digital Green Certificate) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 77(2)(c)thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

12 
13 

Under the Schengen acquis, third country nationals lawfully residing in the Union and 
third country nationals who have legally entered the territory of a Member State may 
move  freely  within  the  territories  of  all  other  Member  States  during  a  period  of  90 
days in any 180-day period. 

On 30 January 2020, the Director-General of the World Health Organization (‘WHO’) 
declared a public health emergency of international concern over the global outbreak 
of  severe  acute  respiratory  syndrome  coronavirus  2  (SARS-CoV-2),  which  causes 
coronavirus  disease  2019  (COVID‑19).  On  11 March  2020,  the  WHO  made  the 
assessment that COVID-19 can be characterized as a pandemic. 

To  limit  the  spread  of  the  virus,  the  Member  States  have  adopted  various  measures, 
some of which have had an impact on travel to and within the territory of the Member 
States,  such  as  restrictions  on  entry  or  requirements  for  cross-border  travellers  to 
undergo quarantine. 

On 13 October 2020, the Council adopted Council Recommendation (EU) 2020/1475 
on  a  coordinated  approach  to  the  restriction  of  free  movement  in  response  to  the 
COVID-19 pandemic12.  

On  30  October  2020, 
the  Council  adopted  Council  Recommendation  (EU) 
2020/163213 on a coordinated approach to the restriction of free movement in response 
to the COVID-19 pandemic in the Schengen area, in which it recommended Member 
States that are bound by the Schengen acquis to apply the principles, common criteria, 

OJ L 337, 14.10.2020, p. 3. 
Council  Recommendation  (EU)  2020/1632  of  30  October  2020  on  a  coordinated  approach  to  the 
restriction of free movement in response to the COVID-19 pandemic in the Schengen area (OJ L 366, 
4.11.2020, p. 25). 

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common  thresholds  and  common  framework  of  measures,  set  out  in  Council 
Recommendation (EU) 2020/1475. 

(6)  Many Member States have launched or plan to launch initiatives to issue vaccination 
certificates. However, for these to be used effectively in connection with cross-border 
travel  within  the  Union,  such  certificates  need  to  be  fully  interoperable,  secure  and 
verifiable.  A  commonly  agreed  approach  is  required  among  Member  States  on  the 
content, format, principles and technical standards of such certificates. 

(7) 

(8) 

(9) 

Already  now,  several  Member  States  exempt  vaccinated  persons  from  certain  travel 
restrictions. Where Member States accept proof of vaccination in order to waive travel 
restrictions put in place in compliance with Union law to limit the spread of COVID-
19, such as  requirements to  undergo quarantine/self-isolation or be tested for SARS-
CoV-2 infection, they should be required to  accept, under the same conditions, valid 
vaccination  certificates  issued  by  other  Member  States  in  compliance  with  the 
proposal  for  a  Regulation  on  a  Digital  Green  Certificate  (COM(2021)/xxx).  This 
acceptance  should  take  place  under  the  same  conditions,  meaning  that,  for  example, 
where  a  Member  State  considers  a  single  dose  of  an  administered  vaccine  to  be 
sufficient,  it  should  do  so  also  for  holders  of  a  vaccination  certificate  indicating  a 
single dose of the same vaccine. On grounds of public health, this obligation should be 
limited  to  persons  having  received  COVID-19  vaccines  having  been  granted 
marketing  authorisation  pursuant  to  Regulation  (EC)  No  726/2004  of  the  European 
Parliament and of the Council14. This should not prevent Member States from deciding 
to  accept  vaccination  certificates  issued  for  other  COVID-19  vaccines,  such  as 
vaccines having been granted marketing authorisation by the competent authority of a 
Member State pursuant  to  Directive 2001/83/EC of the European Parliament  and the 
Council15,  vaccines  whose  distribution  has  been  temporarily  authorised  based  on 
Article  5(2)  of  that  Directive  2001/83/EC,  or  vaccines  having  received  a  WHO 
Emergency  Use  Listing.  Regulation  (EU)  No 2021/xxxx  of  xx  xx  2021  lays  down  a 
framework for the issuance, verification and acceptance of interoperable certificates on 
COVID-19  vaccination,  testing  and  recovery  to  facilitate  free  movement  during  the 
COVID-19 pandemic. It applies to Union citizens and third-country nationals who are 
family members of Union citizens.  

In  accordance  with  Articles  19,  20  and  21  of  the  Convention  implementing  the 
Schengen  Agreement,  the  third-country  nationals  covered  by  these  provisions  may 
travel freely within the territories of the other Member States. 

To  facilitate  travel  within  the  territories  of  the  Member  States  by  third  country 
nationals  who  have  the  right  to  such  travel,  the  framework  for  the  issuance, 
verification  and  acceptance  of  interoperable  certificates  on  COVID-19  vaccination, 
testing and recovery established by Regulation (EU) No  2021/xxxx should also apply  
to  third-country  nationals  who  are  not  already  covered  by  that  Regulation,  provided 
that they are legally staying or legally residing in the territory of a Member State and 
are entitled to travel to other Member States in accordance with Union law.  

(10)  For  certificates  to  be  used  effectively  in  connection  with  cross-border  travel,  such 

certificates need to be fully interoperable.  

14 

15 

Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying 
down  Community  procedures  for  the  authorisation  and  supervision  of  medicinal  products  for  human 
and veterinary use and establishing a European Medicines Agency   (OJ L 136, 30.4.2004, p.1 ). 
Directive  2001/83/EC  of  the  European  Parliament  and  of  the  Council  of  6  November  2001  on  the 
Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 

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(11)  This Regulation should not be understood as facilitating or encouraging the adoption 
of travel restrictions to free movement, or other fundamental rights, in response to the 
pandemic.  In  addition,  any  need  for  verification  of  certificates  established  by 
Regulation  (EU)  2021/xxx  cannot  as  such  justify  the  temporary  reintroduction  of 
border controls at internal borders. Checks at internal borders should remain a measure 
of last resort, subject to specific rules set out in Regulation (EU) 2016/399 (Schengen 
Borders Code)16.  

(12) 

In  accordance  with  Articles  1  and  2  of  Protocol  No  22  on  the  position  of  Denmark 
annexed  to  the  Treaty  on  European  Union  and  to  the  TFEU,  Denmark  is  not  taking 
part  in  the  adoption  of  this  Regulation  and  is  not  bound  by  it  or  subject  to  its 
application.  Given  that  this  Regulation  builds  upon  the  Schengen  acquis,  Denmark 
shall, in accordance with Article 4 of the said Protocol, decide within a period of six 
months after the Council has decided on this Regulation whether it will implement it.  

(13)  This Regulation constitutes a development of the provisions of the Schengen acquis in 
which Ireland does not take part, in accordance with Council Decision 2002/192/EC17; 
Ireland is therefore not taking part in its adoption and is not bound by it or subject to 
its application. Although Ireland is not subject to this Regulation, for the purposes of 
facilitating travel within the Union, Ireland could also issue certificates, which comply 
with  the  same  requirements  as  those  applicable  to  the  Digital  Green  Certificate,  to 
third-country nationals legally residing or legally staying in its territory and Member 
States  could  accept  such  certificates.  Ireland  could  also  accept  certificates  issued  by 
Member  States  to  third  country  nationals  legally  residing  or  legally  staying  in  their 
territories. 

(14)  As  regards  Bulgaria,  Croatia,  Cyprus  and  Romania,  this  Regulation  constitutes  a 
development of the Schengen acquis within, respectively, the meaning of Article 3(1) 
of the 2003 Act of Accession, Article 4(1) of the 2005 Act of Accession and Article 
4(1) of the 2011 Act of Accession. 

(15)  As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of  the 
provisions of the Schengen acquis within the meaning of the Agreement concluded by 
the Council of the European Union and the Republic of Iceland and the Kingdom of 
Norway  concerning  the  latter’s  association  with  the  implementation,  application  and 
development of the Schengen acquis which fall within the area referred to in Article 1, 
point C, of Council Decision 1999/437/EC18.  

(16)  As regards Switzerland, this Regulation constitutes a development of the provisions of 
the  Schengen  acquis  within  the  meaning  of  the  Agreement  between  the  European 
Union,  the  European  Community  and  the  Swiss  Confederation  on  the  Swiss 
Confederation’s association with the implementation, application and development of 
the  Schengen  acquis  which  fall  within  the  area  referred  to  in  Article  1,  point  C,  of 

16 

17 

18 

Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016  on a Union 
Code on the rules governing the movement of persons across borders (OJ L 77, 23.3.2016 p.1). 
Council  Decision  of  28  February  2002  concerning  Ireland's  request  to  take  part  in  some  of  the 
provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20). 
Council  Decision  of  17  May  1999  on  certain  arrangements  for  the  application  of  the  Agreement 
concluded  by  the  Council  of  the  European  Union  and  the  Republic  of  Iceland  and  the  Kingdom  of 
Norway  concerning  the  association  of  those  two  States  with  the  implementation,  application  and 
development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31). 

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Decision  1999/437/EC  read  in  conjunction  with  Article  3  of  Council  Decision 
2008/146/EC19. 

(17)  As  regards  Liechtenstein,  this  Regulation  constitutes  a  development  of  provisions  of 
the Schengen acquis within the meaning of the Protocol between the European Union, 
the  Principality  of 
the  European  Community, 
Liechtenstein  on  the  accession  of  the  Principality  of  Liechtenstein  to  the  Agreement 
between the European Union, the European Community and the Swiss Confederation 
on  the  Swiss  Confederation’s  association  with  the  implementation,  application  and 
development of the Schengen acquis which fall within the area referred to in Article 1 
point  C,  of  Decision  1999/437/EC  read  in  conjunction  with  Article  3  of  Decision 
2011/350/EU20. 

the  Swiss  Confederation  and 

(18)  The  European  Data  Protection  Supervisor  and  the  European  Data  Protection  Board 
have been consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of 
the European Parliament and of the Council21 and delivered an opinion on […], 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Member States shall apply the rules laid down in Regulation (EU) 2021/XXXX [Regulation 
on  a  Digital  Green  Certificate]  to  those  third  country  nationals  who  do  not  fall  within  the 
scope  of  that  Regulation  but  who  reside  or  stay  legally  in  their  territory  and  are  entitled  to 
travel to other Member States in accordance with Union law. 

This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union. 

Article 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

19 

20 

21 

Council Decision of 28 January 2008 on the conclusion, on behalf of the European Community, of the 
Agreement between the European Union, the European Community and the Swiss Confederation on the 
Swiss  Confederation's  association  with  the  implementation,  application  and  development  of  the 
Schengen acquis (OJ L 53, 27.2.2008, p. 1). 
Council Decision of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol 
between the European Union, the European Community, the Swiss Confederation and the Principality 
of  Liechtenstein  on  the  accession  of  the  Principality  of  Liechtenstein  to  the  Agreement  between  the 
European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s 
association  with the implementation, application and development of the Schengen acquis, relating to 
the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19). 
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the 
protection of natural persons with regard to the  processing of personal data by the Union institutions, 
bodies,  offices  and  agencies  and  on  the  free  movement  of  such  data,  and  repealing  Regulation  (EC) 
No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 

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