Activities of István UJHELYI related to 2022/0031(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council Amending 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
Amendments (9)
Amendment 10 #
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 12 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. 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. 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 15 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The EU Digital COVID Certificate (EUDCC) system has proven to be the only functioning COVID-19 certificate system operational at the international level on a large scale. As a result, EUDCC has gained increasing global significance and contributed to addressing the pandemic at the international level, by facilitating safe international travel and economic recovery. By 25 February 2022, 35 non-EU countries and territories are connected to the EUDCC system, with more expected to join in the future. And 1,7 billion EUDCC have been issued so far. Regulation (EU) 2021/953 only obliges Member States to accept the EU Digital COVID Certificates issued for vaccines that have been granted a marketing authorisation by the European Medicines Agency. Regulation (EU) 2021/953 does not, therefore, include most of the vaccines that are currently administered around the world, including those that have completed the WHO emergency use listing procedure. This undermines the role of the EUDCC system as one of the key digital solutions to restore international mobility and the de-facto global standard. Many of the vaccines that have completed the WHO emergency use listing procedure have not applied (and are unlikely to do so in the future) for marketing authorisation to EMA or a competent Member State authority simply because the developers do not intend to put those vaccines on the EU market. In many cases, the same vaccines administered around the EU and listed by Regulation (EU) 2021/953 are available under a different trade name in other countries, and therefore fall out of the scope of Regulation (EU) 2021/953. This also applies to some of the vaccines that the EU is helping deliver under the COVAX scheme. The limited scope of Regulation (EU) 2021/953 is also creating vaccine inequalities among EU citizens. Some Member States already administer to their citizens vaccines which are not mentioned by Regulation (EU) 2021/953. The EU Digital COVID Certificate of these EU citizens has limited or no value in other Member States. As a result, and in an effort to enlarge the scope of the vaccines that may be used as the basis for the issuance of an EU Digital COVID Certificate, the definition for vaccine should be adapted to include all vaccines that have completed the WHO emergency use listing procedure.
Amendment 16 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Considering that many Member States are using the EU Digital COVID Certificate, or some of its components to allow access to bars, restaurants, hotels, concert halls and other venues, it is important that national rules mirror border requirements. This would further support the recovery of the EU tourism sector and offer certainty for non-EU travellers. Therefore, without prejudice to Member States’ competence to impose national restrictions on grounds of public health, Member States are recommended to accept at national level all the vaccination certificates accepted at the border.
Amendment 18 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) Considering that the EU Digital COVID Certificate is the basis for safe free movement and EU level coordination, it is important that it is implemented in a consistent manner in particular with regards to the rules regarding children and young adults below 18 years old.
Amendment 20 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a a (new)
Article 1 – paragraph 1 – point 3 – point a a (new)
Regulation (EU) 2021/953
Article 5 – paragraph 5 – subparagraph 1
Article 5 – paragraph 5 – subparagraph 1
(aa) In Article 5 paragraph 5, the first subparagraph is replaced by the following: "5. Where Member States accept proof of vaccination in order to waive restrictions to free movement put in place, in accordance with Union law, to limit the spread of SARS-CoV-2, they shall also accept, under the same conditions, vaccination certificates issued by other Member States in accordance with this Regulation for a COVID-19 vaccines that hasve been granted a marketing authorisation pursuant to Regulation (EC) No 726/2004. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R0953&from=EN), or vaccines that have completed the WHO emergency use listing procedure." Or. en
Amendment 21 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a b (new)
Article 1 – paragraph 1 – point 3 – point a b (new)
Regulation (EU) 2021/953
Article 5 – paragraph 5 – subparagraph 2
Article 5 – paragraph 5 – subparagraph 2
(ab) In Article 5 paragraph 5, the second subparagraph is replaced by the following: "Member States may also accept, for the same purpose, vaccination certificates issued by other Member States in accordance with this Regulation for a COVID-19 vaccine that has been granted a marketing authorisation by the competent authority of a Member State pursuant to Directive 2001/83/EC, or a COVID-19 vaccine the distribution of which has been temporarily authorised pursuant to Article 5(2) of that Directive, or a COVID-19 vaccine that has completed the WHO emergency use listing procedure. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R0953&from=EN)." Or. en
Amendment 23 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b b(new)
Article 1 – paragraph 1 – point 3 – point b b(new)
Regulation (EU) 2021/953
Article 5 – paragraph 5 – subparagraph 2 a (new)
Article 5 – paragraph 5 – subparagraph 2 a (new)
(bb) In Article 5 paragraph 5, the following subparagraph is inserted: "Where Member States accept proof of vaccination in order to waive restrictions to free movement put in place, in accordance with Union law, to limit the spread of SARS-CoV-2, they shall also accept, under the same conditions, vaccination certificates issued by other Member States where the last dose, be it during the primary vaccination series or the booster, has been administered with a vaccine that has been authorised under this Article, even if the previous dose or doses are not administered with a vaccine approved under this Article".
Amendment 26 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2021/953
Article 11 – paragraph 1
Article 11 – paragraph 1
(5a) In Article 11, paragraph 1 is replaced by the following: "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. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R0953&from=EN)." Or. en
Amendment 29 #
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 – paragraph 3
Article 11 – paragraph 3