Council Recommendation (EU) 2023/1339 of 27 June 2023 on joining the global digital health certification network established by the World Health Organization and on temporary arrangements to facilitate international travel in view of the expiry of Regulation (EU) 2021/953 of the European Parliament and of the Council (Text with EEA relevance)
Date: 2023-06-27
Institutions: Council of the European Union
Subjects: EU national, World Health Organisation, coronavirus disease, e-Health, epidemic, external border of the EU, free movement of persons, health certificate, health control, international cooperation








L_2023166EN.01017701.xml










30.6.2023   


EN


Official Journal of the European Union


L 166/177








            COUNCIL RECOMMENDATION (EU) 2023/1339
of 27 June 2023
         
on joining the global digital health certification network established by the World Health Organization and on temporary arrangements to facilitate international travel in view of the expiry of Regulation (EU) 2021/953 of the European Parliament and of the Council
(Text with EEA relevance)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 168(6) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The EU Digital COVID Certificate introduced by Regulation (EU) 2021/953 of the European Parliament and of the Council (1) has rapidly become a global standard for vaccination, test and recovery certificates and has 51 third countries and territories connected to the system in addition to all Union Member States. Through its external dimension, the EU Digital COVID Certificate has also proven to be the most widely used solution and tool to foster safe international travel and recovery at global level. Apart from its use in the area of travel, the use of the EU Digital COVID certificate fostered the continuity of cross-border vaccination.












(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, useful to be better prepared for possible future health crises, allowing citizens and businesses to mitigate the impact of communicable diseases and ensure an adequate level of preparedness for health crises. This is also in line with the special report of the European Court of Auditors 01/2023 entitled ‘Tools facilitating travel within the EU during the COVID-19 pandemic – Relevant initiatives with impact ranging from success to limited use’.












(3)


Regulation (EU) 2021/953 is set to expire on 30 June 2023. As from 1 July 2023, the possible issuance and acceptance of COVID-19 vaccination, test and recovery certificates should therefore be made on the basis of and pursuant to the conditions laid down by the national laws of the Member States. Also, references made in this recommendation to the implementing acts adopted pursuant to Regulation (EU) 2021/953 are made solely for ease of reference and should not be understood as maintaining in force such implementing acts or the powers of the Commission to adopt and amend implementing acts pursuant to Regulation (EU) 2021/953. Any reference to the implementing acts previously adopted pursuant to Regulation (EU) 2021/953 should be understood as static references to the said acts, in their version applicable 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 the certification of other documents, such as routine immunisation records and the International Certificate of Vaccination or Prophylaxis, set out in Annex 6 of the International Health Regulations (2005), 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 Union’s agenda for global health crises preparedness. Participation in the WHO global digital health certification network would contribute to the global alignment of health certificate standards and the 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 into its own structure. The Commission intends to cooperate closely with the WHO with a view to ensure that the global digital health certification network is coherent with the technical specifications previously laid down in Commission Implementing Decision (EU) 2021/1073 (2). Member States should be encouraged to connect to the WHO global digital health certification network as soon as possible and by 31 December 2023 at the latest. 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 document 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 those in the interoperability gateway of the trust framework set up under that Regulation (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 31 December 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 Council (3). 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 the Union. Therefore, once connected to the WHO global digital health certification network, Member States should also be invited to issue, upon request, certificates compatible with the format laid down by the WHO global digital health certification network, based on the technical specifications previously laid down in Implementing Decision (EU) 2021/1073, for the purposes of facilitating international travel to third countries requiring such certificates, in particular in case of a public health emergency of international concern. 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 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 that still have in place COVID-19 related requirements as conditions for entry into their territories, and which are connected to the EU Gateway, to accept and verify both certificates issued before and certificates issued after 1 July 2023.












(11)


From the perspective of travellers to the Union, once connected to the WHO global digital health certification network, in order to ensure that public health concerns related to the COVID-19 pandemic can be adequately addressed, Member States are advised to keep the ability to accept and verify certificates issued by third countries under the WHO global digital health certification network that continue to fulfil the high standards which were laid down pursuant to 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 COVID-19 certificates which are technically compliant with the WHO global digital health certification network.












(12)


In its Conclusions on vaccination as one of the most effective tools for preventing disease and improving public health of 9 December 2022, 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’. Similar developments are planned by the WHO as it intends to further develop its global digital health certification network, in order to, for example, support the digitisation of the International Certificate of Vaccination and Prophylaxis, or vaccination certificates for routine immunisation. Therefore, Member States are 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.












(13)


During a transitional period until 31 December 2023, and in order to ensure a smooth transition to the WHO global digital health certification network, Member States that have not yet connected to the WHO global digital health certification network are encouraged to issue upon request, in particular in case of a declared public health emergency of international concern, in accordance with national law, COVID-19 vaccination, test and recovery certificates in the format compatible with the technical specifications previously laid down in Implementing Decision (EU) 2021/1073, provided that a legal basis for the issuance of such certificates is laid down in their national law. Also, during this transitional period, where Member States require proof of COVID-19 certificates in order to waive restrictions to travel into the Union, they are encouraged to accept proof of COVID-19 vaccination, recovery or testing previously covered by an implementing act adopted pursuant to Article 3(10) or Article 8(2) of Regulation (EU) 2021/953, in line with the approach set out in Council Recommendation (EU) 2022/2548 (4).












(14)


During the same period, Member States that have not yet connected to the WHO global digital health certification network are also encouraged to 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 are advised to synchronise the information they upload to the WHO global digital health certification network with the EU Gateway.












(15)


Member States are encouraged to give effect to this Recommendation as of 1 July 2023, 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 document signer certificate, Member States can only issue such certificate 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.












(16)


Regulation (EU) 2016/679 of the European Parliament and of the Council (5) 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 and in particular that the principle of lawfulness laid down in Regulation (EU) 2016/679 is complied with,





HAS ADOPTED THIS RECOMMENDATION:


Connection to the WHO global digital health certification network








1.


The Council welcomes the Commission’s intention to closely cooperate with the WHO in the development of the global digital health certification network, enabling the WHO to take up the EU Digital COVID Certificate trust framework, principles and open technologies into its own structure, on the basis of the technical specifications previously laid down in Implementing Decision (EU) 2021/1073.












2.


Member States are encouraged to connect to the global digital health certification network that is being set up by the WHO, provided that an appropriate legal basis is laid down in their national law, as soon as possible and by 31 December 2023 at the latest.












3.


Each Member State wishing to join the WHO global digital health certification network is encouraged to issue a new document signer certificate with the maximum possible technical validity and register it in the EU Gateway before the expiry of Regulation (EU) 2021/953.












4.


The Council welcomes the Commission’s intention to facilitate a seamless transition from the EU Digital COVID Certificate system to the WHO global digital health certification network. It is however, left to the Member States to decide whether to connect to the global digital health certification network and whether they wish to do so with the existing technology or to pursue a connection at a later stage.




Issuance and acceptance of certificates under the WHO global digital health certification network








5.


Once connected to the WHO global digital health certification network, Member States are encouraged to carry out, as appropriate, the tasks prescribed by the WHO in relation to the operation of the WHO global digital health certification network as efficiently as possible, provided that an appropriate legal basis is laid down in Union or national law, in compliance with Regulation (EU) 2016/679, in particular:






(a)


issue, as appropriate, in particular in case of a declared public health emergency of international concern, COVID-19 certificates in the format compatible with the WHO global digital health certification network to be based on technical specifications previously laid down in Implementing Decision (EU) 2021/1073;










(b)


issue the certificates referred to in indent (a) of this point in a digital or paper-based format, or both, and facilitate as appropriate the process for the prospective holders to receive the certificates in the format of their choice. It is recommended that the information contained in the certificates be also shown in human-readable form and be provided in, at least, the official language or languages of the issuing Member State and in English;










(c)


where they require proof of COVID-19 vaccination, test or recovery in order to waive restrictions, accept COVID-19 certificates compliant with the WHO global digital health certification network.








Further evolution of the WHO global digital health certification network








6.


Member States are encouraged to actively participate in the effort to further develop the WHO global digital health certification network, taking in account the developments regarding the update of the International Health Regulations, and examine the potential benefits, challenges and legal requirements of WHO digital certificates, including exploring – inter alia – the use of digital certificates for other diseases and the authentication of other health data.




Transitional period until 31 December 2023
               








7.


The Council welcomes the Commission’s intention to maintain the EU Gateway for the EU Digital COVID Certificate in a manner that supports the objectives of this Recommendation until 31 December 2023, in order to facilitate the measures to be taken to connect to the global digital health certification network that is being set up by the WHO, and continue to make it available to third countries and territories which are already connected to the EU Gateway provided that the relevant certificates of those third countries and territories continue to be issued based on standards and technological systems that are interoperable with the trust framework of the EU Gateway and that allow for the verification of their authenticity, validity and integrity.












8.


Until Member States are connected to the WHO global digital health certification network referred to in point 1, and during the period until 31 December 2023, they are encouraged to remain connected to the EU Gateway, insofar as such gateway is being maintained by the Commission and provided that an appropriate legal basis is laid down in their national law, in compliance with Regulation (EU) 2016/679, in order to:






(a)


issue, as appropriate, in particular in case of a declared public health emergency of international concern, COVID-19 certificates in the format based on the technical specifications previously laid down in Implementing Decision (EU) 2021/1073;










(b)


issue the certificates referred to in indent (a) of this point in a digital or paper-based format, or both, and facilitate as appropriate the process for the prospective holders to receive the certificates in the format of their choice. It is recommended that the information contained in the certificates be also shown in human-readable form and be provided in at least the official language or languages of the issuing Member State and in English;










(c)


where they require proof of COVID-19 vaccination, test or recovery in order to waive restrictions, in particular in case of a declared public health emergency of international concern, accept proof of COVID-19 vaccination, recovery or testing previously covered by an implementing act adopted pursuant to Article 3(10) or Article 8(2) of Regulation (EU) 2021/953;
















9.


Member States connected to the WHO global digital health certification network are also encouraged to ensure, until 31 December 2023, the synchronisation of information they upload in the EU Gateway and in the WHO global digital health certification network.







Done at Luxembourg, 27 June 2023.


For the Council


The President

J. ROSWALL
            





(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).

(2)  Commission Implementing Decision (EU) 2021/1073 of 28 June 2021 laying down technical specifications and rules for the implementation of the trust framework for the EU Digital COVID Certificate established by Regulation (EU) 2021/953 of the European Parliament and of the Council (OJ L 230, 30.6.2021, p. 32).

(3)  Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240 (OJ L 166, 11.5.2021, p. 1).

(4)  Council Recommendation (EU) 2022/2548 of 13 December 2022 on a coordinated approach to travel to the Union during the COVID-19 pandemic and replacing Council Recommendation (EU) 2020/912 (OJ L 328, 22.12.2022, p. 146).

(5)  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).