8 Amendments of Michal ŠIMEČKA related to 2022/0031(COD)
Amendment 34 #
Proposal for a regulation
Recital 8
Recital 8
(8) As a result, it cannot be excluded that Member States continue to require Union citizens exercising their right to free movement to present proof of COVID-19 vaccination, test or recovery beyond 30 June 2022, the date when Regulation (EU) 2021/953 is set to expire. It is thus important to avoid that, in the event that certain restrictions to free movement based on public health are still in place after 30 June 2022, Union citizens and their family members are deprived of the possibility to make use of their EU Digital COVID Certificates, which are an effective, secure and privacy-preserving way of proving one’s COVID-19 status. 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, the extension of the application of Regulation (EU) 2021/953 should be limited to 12eight months. In addition, the extension of that Regulation should not be understood as requiring Member States, in particular those that lift domestic public health measures, to maintain or impose free movement restrictions. The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union delegated to the Commission pursuant to Regulation (EU) 2021/953 should be equally extended. It is necessary to ensure that the EU Digital COVID Certificate system can adapt to scientific progress in containing the COVID-19 pandemic.
Amendment 35 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) On 25 January 2022, the Council adopted Recommendation (EU) 2022/1071a, moving from a ‘region-based’ approach to a ‘person-based’ approach. That Recommendation provides that a person who has a valid EU Digital COVID Certificate should in principle not be subject to additional travel restrictions, such as tests or quarantine, regardless of their place of departure in the Union. Persons who are not in possession of a valid EU Digital COVID Certificate could be required to undergo a test prior to or no later than 24 hours after arrival. However, Member States do not respect that Recommendation, leading to unpredictable, unclear and difficult situations for Union citizens travelling with a valid certificate. Therefore, the Commission should establish a European COVID Barometer by way of delegated act, laying down clear and harmonised Union-wide criteria for the activation of restrictions by Member States in each stage of the barometer. That tool should offer clarity and predictability to Union citizens, as it would be clear which additional travel restrictions are allowed to be in place during each stage of the barometer. It would also lead to a higher level of compliance with COVID-19 related-measures. __________________ 1a Council Recommendation (EU) 2022/107 of 25 January 2022 on a coordinated approach to facilitate safe free movement during the COVID-19 pandemic and replacing Recommendation (EU) 2020/1475 (OJ L 18, 27.1.2022, p. 110).
Amendment 39 #
Proposal for a regulation
Recital 8 e (new)
Recital 8 e (new)
(8e) Since the application of Regulation (EU) 2021/953, a large number of Member States have adopted temporary domestic measures obliging Union citizens to present a COVID-19 certificate for access to public transport, restaurants, hotels, bars, cultural institutions, sport facilities, and other spaces. Although those Member States have ensured that the EU Digital COVID Certificate is also accepted for such domestic measures, those domestic measures have led to considerable confusion among Union citizens that are willing to make use of such facilities during their stay in another Member State, and have therefore become a major obstacle to the freedom of movement of Union citizens from other Member States. Member States should therefore only adopt such domestic measures on the basis of the European COVID Barometer. This will offer clarity and predictability to Union citizens, as it would be clear which domestic measures are allowed to be in place during each stage of the barometer. It would also lead to a higher level of compliance with COVID-19 related measures.
Amendment 40 #
Proposal for a regulation
Recital 8 f (new)
Recital 8 f (new)
(8f) By 31 December 2022, the Commission should submit a report to the European Parliament and Council on the application of this Regulation, including an assessment on the necessity to maintain, shorten or extend the period of application of this Regulation, taking into account the evolution of the epidemiological situation with regard to the COVID-19 pandemic.
Amendment 67 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 c (new)
Article 1 – paragraph 1 – point 5 c (new)
Regulation (EU) 2021/953
Article 11
Article 11
(5c) Article 11 Restrictions to free movement and information exchange 1. Without prejudice to Member States’ competence to impose restrictions on grounds of public health, where Member States accept vaccination certificates, test certificates indicating a negative result or certificates of recovery, they shall refrain from imposing additional restrictions to free movement, such as additional travel-related testing for SARS-CoV-2 infection or travel- related quarantine or self-isolation, unless they are necessary and proportionate for the purpose of safeguarding public health in response to the COVID-19 pandemic, also taking into account available scientific evidence, including epidemiological data published by the ECDC on the basis of Recommendation (EU) 2020/1475. 2. Where a Member State requires, in accordance with Union law,is replaced by the following: “Article 11 Restrictions to free movement and information exchange deleted deleted deleted deleted deleted deleted deleted The Member States shall only adopt additional travel restrictions for holders of thevalid certificates referred to in Article 3(1) to undergo, after entry into its territory, quarantine or self-isolation or to be tested for SARS-CoV-2 infection, or if it imposes other restrictions on the holders of such certificates because, for example, the epidemiological situation in a Member State or in a region within a Member State worsens quickly, in particular as a result of a SARS-CoV-2 variant of concern or interest, it shall inon basis of a European COVID Barometer. This barometer shall set clear and harmonised criteria form the Commission and the other Member States accordingly, if possible 48 hours in advance of the introduction of such new restrictions. To that end, the Member Sactivation of restrictions in each statge shall provide the following information: (a) the reasons for such restrictions; (b) the scope of such restrictions, specifying which certificate holders are subject to or exempt from such restrictions; (c) the date and duration of such restrictions. 3. Member States shall inform the Commission and the other Member Stof the barometer and offer clarity and predictability to the holders of such valid certificates. By ...[one month after the dates of the issuance and the conditions of acceptance of the certificates referred to in Article 3(1), including the COVID-19 vaccines they accept pursuant to the second subparagraph of Article 5(5). 4. Member States shall provide the public with clear, comprehensive and timely information with regard to paragraphs 2 and 3. As a general rule, Member States shall make that information publicly available 24 hours before new restrictions come into effect, taking into account that some flexibility is required for epidemiological emergencies. In addition, the information provided by the Member States may be made publicly available by the Commission in a centralised manner. entry into force of this Regulation] and on the basis of available scientific evidence, including epidemiological data published by the ECDC, the Commission shall adopt a delegated act establishing the European COVID Barometer.”;
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
(5b) Article 11a is added: “Article 11a Use of the European Digital COVID certificate for domestic measures Where a Member State requires the use of COVID-19 certificates for domestic measures, it shall ensure that certificates making up the EU Digital COVID Certificate can also be used and are also accepted. Member States shall only adopt such domestic measures on the basis of the European COVID Barometer.”;
Amendment 74 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 c (new)
Article 1 – paragraph 1 – point 7 c (new)
Regulation (EU) 2021/953
Article 16
Article 16
(7c) Article 16 Commission report 1. By 31 October 2021, the Commission shall submit a report to the European Parliament and to the Council. The report shall include an overview of: (a) the number of certificates issued pursuant to this Regulation; (b) guidance requested pursuant to Article 3(11) on the available scientific evidence and level of standardisation regarding the possible issuance of certificates of recovery based on antibody tests, including serological testing for antibodies against SARS-CoV-2, taking into account the availability and accessibility of such tests; and (c) the information received pursuant to Article 11. 2. By 31 Marchis replaced by the following: “Article 16 Commission report 1. By 31 December 2022, the Commission shall submit a report to the European Parliament and to the Council on the application of this Regulation. deleted deleted deleted deleted The report shall contain, in particular, an assessment of the impact of thise Regulation on the facilitation of free movement, including on travel and tourism, and the acceptance of the different types of vaccine, fundamental rights and non- discrimination, as well as on the protection of personal data during the COVID-19 pandemic. The report mayshall be accompanied by legislative proposals, in particular toan assessment on the necessity to maintain, shorten or extend the period of application of this Regulation, taking into account the evolution of the epidemiological situation with regard to the COVID-19 pandemic.”;
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2021/953
Article 17 – paragraph 2
Article 17 – paragraph 2
It shall apply from 1 July 2021 to 30 June28 February 2023.;