Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2021/954 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 amending Regulation (EU) 2021/954 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
Date: 2022-02-03
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, 3.2.2022  COM(2022) 55 final 2022/0030 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2021/954 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 amending Regulation (EU) 2021/954 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  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
In  accordance  with  the  Convention  implementing  the  Schengen  Agreement1,  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  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  facilitate  free  movement  during  the  COVID-19  pandemic,  the  European  Parliament  and 
the Council adopted, on 14 June 2021, Regulation (EU) 2021/9532 based on Article 21 of the 
Treaty on the Functioning of the European Union (TFEU) establishing the EU Digital COVID 
Certificate framework for the issuance, verification and acceptance of interoperable COVID-
19  vaccination,  test  and  recovery  certificates.  Regulation  (EU)  2021/953  facilitates  free 
movement by providing Union citizens and their family members, who may be third-country 
nationals,  with  interoperable  and  mutually  accepted  certificates  on  COVID-19  vaccination, 
testing and recovery that they can use when travelling. Where Member States waive  certain 
restrictions  on  free  movement  for  persons  in  the  possession  of  proof  of  vaccination,  test  or 
recovery, the EU Digital COVID Certificate helps citizens to benefit from these exemptions.  

On  the  same  day,  the  European  Parliament  and  the  Council  adopted  Regulation  (EU) 
2021/9543 based on Article 77 TFEU, to facilitate travel within the Schengen Area during the 
COVID-19  pandemic,  extending  the  EU  Digital  COVID  Certificate  framework  to  third 
country  nationals  legally  staying  or  residing  in  a  Member  State’s  territory  and  who  are 
entitled to travel to other Member States in accordance with EU law.  

In addition, the EU Digital COVID Certificate system has proven to be the only functioning 
COVID-19  certificate system  operational  at  international  level  on a large scale. As a result, 
the EU Digital COVID Certificate has gained increasing global significance and contributed 
to  addressing the pandemic at  the international  level,  by  facilitating safe international  travel 
and international recovery. By 31 January 2022, the three non-EU European Economic Area 
countries4, Switzerland5 and 29 other third countries and territories6 are connected to the EU 

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4 

OJ L 239, 22.9.2000, p. 19. 
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 (OJ L 211, 15.6.2021, p. 1). 
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). 
Iceland, Liechtenstein and Norway. 

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Digital COVID Certificate system, with more expected to join in the future. The EU Digital 
COVID Certificate system has been recognised as one of the key digital solutions to restore 
international  mobility7,  with  the  International  Air  Transport  Association  urging  countries  to 
adopt  the  EU  Digital  COVID  Certificate  as  the  global  standard8.  The  Commission  will 
continue its efforts to support third countries interested in developing interoperable COVID-
19 certificate systems.  This  may include offering additional open source  reference solutions 
that  allow  for  the  conversion  of  third-country  certificates  into  a  format  that  is  interoperable 
with  the  EU  Digital  COVID  Certificate,  as  it  is  also  possible  to  connect  third  countries  the 
certificates of which are made interoperable by means of conversion9. 

Since its adoption, the EU Digital COVID Certificate has been successfully rolled out across 
the Union, with more than one billion certificates issued by the end of 2021. The EU Digital 
COVID Certificate is thus a widely available and reliably accepted tool to facilitate not only 
free movement  of  Union citizens and their family  members, but  also intra-EU travel during 
the COVID-19 pandemic of the categories of third country nationals mentioned above. 

Since the adoption of Regulations (EU) 2021/953 and 2021/954, the epidemiological situation 
with  regard  to  the  COVID-19  pandemic  has  evolved  considerably.  On  the  one  hand,  the 
vaccination uptake, including of booster doses, has increased worldwide.  

On the other hand, the spread of the SARS-CoV-2 variant  of concern ‘Delta’ in  the second 
half  of  2021  caused  significant  increases  in  the  number  of  infections,  hospitalisation  and 
deaths, requiring Member States to adopt strict public health measures in an effort to protect 
their  healthcare  system  capacity.  In  early  2022,  the  SARS-CoV-2  variant  of  concern 
‘Omicron’  caused  sharp  increases  in  the  number  of  COVID-19  cases,  rapidly  replacing 
‘Delta’ and reaching an unprecedented intensity of community transmission across the Union 
and beyond. 

Currently,  it  is  not  possible  to  predict  the  impact  of  a  possible  increase  in  infections  in  the 
second  half  of  2022.  In  addition,  the  possibility  of  a  worsening  of  the  pandemic  situation 
because of the emergence of new SARS-CoV-2 variants of concern cannot be ruled out. 

In  view  of  the  above,  it  cannot  be  excluded  that  Member  States  continue  to  require  third 
country  nationals  legally  staying  or  residing  in  a  Member  State’s  territory  and  who  are 
entitled  to  travel  to  other  Member  States  in  accordance  with  EU  law,  to  present  proof  of 
COVID-19  vaccination,  test  or  recovery  beyond  30  June  2022,  that  is,  the  date  when 
Regulations (EU) 2021/953 and 2021/954  are currently set  to expire.  It  is  thus  important  to 
ensure the possibility to make use of the EU Digital COVID Certificates beyond that date.  

At  the  same  time,  given  that  any  restrictions  to  the  free  movement  of  persons  within  the 
Union put in place to limit the spread of SARS-CoV-2, including the requirement to present 
EU  Digital  COVID  Certificates,  should  be  lifted  as  soon  as  the  epidemiological  situation 
allows,  by  amending  Regulation  (EU)  2021/954,  the  Commission  proposes  to  maintain  the 
existing references to Regulation (EU) 2021/953 and to make a dynamic reference to the same 
Regulation with regard to the duration of Regulation (EU) 2021/954. 

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Union  citizens  and  Swiss  nationals  enjoy  reciprocal  rights  of  entry  and  residence  based  on  the 
Agreement  between  the  European  Community  and  its  Member  States,  of  the  one  part,  and  the  Swiss 
Confederation, of the other, on the free movement of persons (OJ L 114, 30.4.2002, p. 6). 
https://ec.europa.eu/info/live-work-travel-eu/coronavirus-response/safe-covid-19-vaccines-
europeans/eu-digital-covid-certificate_en#recognition-of-covid-certificates-from-third-non-eu-countries  
https://wttc.org/News-Article/WTTC-identifies-digital-solutions-for-governments-worldwide-to-
significantly-restore-international-mobility  
https://www.iata.org/en/pressroom/2021-releases/2021-08-26-01/  
By means of an implementing act adopted pursuant to Article 8(2) of Regulation (EU) 2021/953. 

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• 

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”). 10 

In its proposal for a Council Recommendation amending Recommendation (EU) 2020/912 on 
the temporary restriction on non-essential travel into the EU and the possible lifting of such 
restriction11, 
link  between  Council 
Recommendation  (EU)  2020/912  and  the  EU  Digital  COVID  Certificate  in  order  to  assist 
Member  States  authorities  in  verifying  the  authenticity,  validity  and  integrity  of  the 
certificates issued by third countries. 

the  Commission  proposed 

to  establish  a  clear 

• 

Consistency with other Union policies 

This  proposal  is  part  of  the  package  of  Union  measures  to  respond  to  the  COVID-19 
pandemic. It builds, in particular, on the work carried out in the Health Security Committee, 
the eHealth Network, and the EU Digital COVID Certificate Committee. 

This proposal complements proposal COM(2022) 50 final, which seeks to extend the duration 
of the application of Regulation (EU) 2021/953 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. 

This proposal also fully respects Member States’ competences in the definition of their health 
policy (Article 168 TFEU). 

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

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Article  77(2),  point  (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  would  amend  Regulation  (EU)  2021/954,  which  is  equally  based  on 
Article 77(2), point (c) TFEU. 

• 

Subsidiarity (for non-exclusive competence)  

The  objectives  of  this  proposal,  namely  to  extend  the  application  of  Regulation  (EU) 
2021/954, cannot be achieved by the Member States independently. Action at Union level is 
thus necessary. 

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11 

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). 
COM(2021) 754 final. 

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Failure to act at Union level would result in Regulation (EU) 2021/954 ceasing to apply and 
as  a  result  third  country  nationals  legally  staying  or  residing  in  a  EU/EEA  Member  State’s 
territory  and  who  are  entitled  to  travel  to  other  Member  States  in  accordance  with  EU  law 
would  no  longer  be  able  to  request  and  eventually  use  an  interoperable  COVID-19 
vaccination, test and recovery certificates.  

• 

Proportionality 

Union action can add considerable value in addressing the challenges identified above and is 
the only way by which  a single, streamlined and accepted COVID-19 certificate 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. 

The proposed amendment should apply in line with Regulation (EU) 2021/953, as proposed to 
be  amended  by  proposal  COM(2022)  50  final,  and  consequently  allows  the  use  of  the  EU 
Digital COVID Certificate to be extended for a limited period of time as regards third country 
nationals  who are lawfully  residing or staying in  the Union and entitled to travel  within the 
Union.  

• 

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 
authorities in different fora. 

• 

Collection and use of expertise 

The  proposal  builds  on  the  epidemiological  information  and  assessments  provided  by 
European Centre for Disease Prevention  and Control (ECDC), the  assessment of the safety, 
effectiveness  and  quality  of  COVID-19  vaccines  carried  out  by  the  European  Medicines 
Agency (EMA), the technical exchanges taking place within the Health Security Committee, 
its technical working group on COVID-19 diagnostic tests and the eHealth Network, as well 
as relevant available scientific evidence. 

• 

Impact assessment 

In view of the urgency, the Commission did not carry out an 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. 

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As  regards  the  right  to  the  protection  of  personal  data  including  data  security,  Regulation 
(EU)  2016/679  of  the  European  Parliament  and  of  the  Council12  continues  to  apply.  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.  

4. 

BUDGETARY IMPLICATIONS 

The  financing  of  actions  supporting  this  initiative  will  be  covered  by  the  Legislative  Financial 
Statement submitted with the proposal COM(2022) 50 final. 

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 amends the duration of Regulation (EU) 2021/954. 

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

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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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2022/0030 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) 2021/954 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 amending 
Regulation (EU) 2021/954 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 

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), point (c) thereof, 

Having regard to the proposal from the European Commission, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

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15 

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 period13. 

On 14 June 2021, the European Parliament and the Council adopted Regulation (EU) 
2021/953 establishing the EU Digital COVID Certificate14. That Regulation sets out a 
common  framework  for  the  issuance,  verification  and  acceptance  of  interoperable 
certificates  for  COVID-19  vaccination,  test  or  recovery  certificates  to  facilitate  free 
movement of EU citizens and their family members during the COVID-19 pandemic. 
Regulation  (EU)  2021/953  is  accompanied  by  Regulation  (EU)  2021/954  of  the 
European  Parliament  and  of  the  Council15,  which  extends  the  EU  Digital  COVID 
Certificate framework to third-country nationals who are legally staying or residing in 
a  Member  State’s  territory  and  who  are  entitled  to  travel  to  other  Member  States  in 
accordance with Union law. 

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 (Schengen Borders Code) (OJ L 
77, 23.3.2016, p. 1). 
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 (OJ L 211, 15.6.2021, p. 1). 
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). 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Regulations  (EU)  2021/953  and  (EU)  2021/954  are  due  to  expire  on  30  June  2022. 
Nevertheless, the pandemic is still on-going and the recent outbreak of the ‘Omicron’ 
variant  of  concern  continues  to  negatively  impact  travel  within  the  Union. 
Consequently, the EU Digital COVID Certificate remains relevant and it is necessary 
to allow for its continued use. 

The application of Regulation (EU) 2021/953 is to be prolonged by 12 months. Since 
the objective of Regulation (EU) 2021/954 is to extend the application of Regulation 
(EU)  2021/953  to  certain  categories  of  third  country  nationals  lawfully  residing  or 
staying in the Union, the duration of its application should be directly linked to that of 
Regulation  (EU)  2021/953.  Regulation  (EU)  2021/954  should  therefore  be  amended 
accordingly.   

This Regulation should not be understood as facilitating or encouraging the adoption 
of travel restrictions in response to the pandemic. In addition, any need for verification 
of  certificates  established  by  Regulation  (EU)  2021/953  should  not  be  considered  to 
justify the temporary reintroduction of controls at internal borders. Checks at internal 
borders should remain a measure of last resort, subject  to  specific rules  as  set  out  in 
Regulation (EU) 2016/399 of the European Parliament and of the Council (Schengen 
Borders Code).  

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 
in its national law.  

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/EC16; 
Ireland is therefore not taking part in its adoption and is not bound by it or subject to 
its application. In order to allow Member States to accept, under the conditions set out 
in  Regulation  (EU)  2021/953,  COVID-19  certificates  issued  by  Ireland  to  third-
country  nationals  legally  staying  or  residing  in  its  territory  for  the  purposes  of 
facilitating  travel  within  the  territories  of  the  Member  States,  Ireland  should  issue 
those  third-country  nationals  with  COVID-19  certificates  that  comply  with  the 
requirements  of  the  EU  Digital  COVID  Certificate  trust  framework.  Ireland  and  the 
other  Member  States  should  accept  certificates  issued  to  third-country  nationals 
covered by this Regulation on a reciprocal basis. 

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. 

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 

16 

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). 

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development of the Schengen acquis which fall within the area referred to in Article 1, 
point C, of Council Decision 1999/437/EC17.  

(10)  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 
Decision  1999/437/EC  read  in  conjunction  with  Article  3  of  Council  Decision 
2008/146/EC18. 

(11)  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/EU19. 

the  Swiss  Confederation  and 

(12)  Given the urgency of the situation related to the COVID-19 pandemic, this Regulation 
should enter into force on the third day following that of its publication in the Official 
Journal of the European Union. 

(13)  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 Council20 and delivered an opinion on […], 

HAVE ADOPTED THIS REGULATION: 

Article 3 of Regulation (EU) 2021/954 is replaced by the following:  

Article 1 

‘Article 3 

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

It shall apply from 1 July 2021 for as long as Regulation (EU) 2021/953 is applicable.’ 

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 the Member States in 
accordance with the Treaties. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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