The COVID-19 pandemic has led to unprecedented restrictions worldwide. In its desire to ease free movement of persons within the EU in accordance with the four basic freedoms on which it is built, the European Union adopted 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 (Text with EEA relevance).The Digital Certificate is (going to be) issued and accepted by non-EU member states as well – Norway, Iceland and Liechtenstein. Switzerland will accept the European Digital Certificate conditioned on reciprocity – as soon as the Swiss COVID-19 certificates are themselves accepted within the EU.
In practice the Certificate proves that its holder is: 1. Vaccinated with the full vaccination course with one of the vaccines approved for use within the EU; 2. Has recovered from COVID-19 within the last 180 days; or 3. Has been subjected to PCR or antigen test. Adoption of the certificates throughout the EU is guaranteed by the trust framework for the EU Digital COVID Certificate which obligates countries to maintain readily accessible registers of certificates issued while simultaneously accept the certificates entered into this system. The obvious benefit for certificate holders is the possibility to travel smoothly and with minimum restrictions to and from the territory of states that accept the certificate – be it for professional, personal reasons or for tourism.
Despite it being a major step forward, the Digital Certificate does not provide 100% security against administrative restrictions one might face while travelling. Art. 11 of Regulation 2021/953 explicitly allows for Member States to introduce restrictions which also affect the Digital Certificate holders if that is necessary and proportionate to the purpose of safeguarding public health in response to the COVID-19 pandemic (most often in accordance with Council Recommendation (EU) 2020/1475 of 13 October 2020 on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic). This will be facilitated through the so-called ‘emergency break’ mechanism which requires Member States to inform the European Commission and other Member States 48 hours before the introduction of restrictions (if possible) and make the information publicly available at least 24 hours before the new restrictions come into effect.
It is obvious that travelling within the EU still has some hidden pitfalls for both vaccinated citizens and people who have already recovered from COVID-19. The struggle against the pandemic is mainly conducted at the local (state) level and travel restrictions therefore vary depending on the intensity of the spread in the particular state; not only that, but measures are removed and new measures are implemented in a matter of days. In this light the Digital Certificate does not replace, but rather only complements the diligent planning of travel and familiarization with country-specific requirements which often differ based on the reason for entry – transit, work or leisure. The planning should not only be thorough but also timely – to avoid quarantines and restrictions and to be sure that you will make it to your destination without any unexpected encounters with the local authorities.
It is indeed impressive that Member States began implementing the necessary technical requirements not simply before the Regulation was adopted, but all the way back when the preliminary discussions on the certificate were ongoing at the European Commission level. As a result, 18 states have already started issuing the document and 12 more have the technical capabilities to join the common European framework. Despite this, Art. 15 of Regulation 2021/983 states that COVID-19 certificates issued by a Member State before 1 July 2021 shall be accepted by the other Member States until 12 August 2021 if they contain the necessary holder data. The same applies to certificates issued after 1 July 2021 by states who failed to implement a system for the issuance of certificates that complies with the technical requirements of the Regulation.
The Regulation will be in force from 1 July 2021 until 30 June 2022.
On the other hand, the possibility for vaccination and the issuance of a common vaccination (or recovery) document allows the national authorities to gradually remove restrictions for vaccinated persons. The Bulgarian Ordinance RD-01-496/15.06.2021 for supplementing Ordinance No. RD-01-373 of 27.05.2021 entered into force on 16.06.2021, pursuant to it employers were allowed to permit work without face masks in offices with no more than 7 people working and each of those is vaccinated against or has recovered from COVID-19. Thus domestic legislation has begun introducing rules prioritizing persons who are protected against COVID-19. A week later the Bulgarian caretaker healthcare minister pointed out that these rules could be expanded to premises with more people – provided that the current COVID-19 spread trends continue. The authorities are thus following in the footsteps of business and employers who are increasingly listing vaccination against COVID-19 as a job requirement for prospective candidates.
As a consequence of the pandemic the Obretenovi Law Firm team has specialized in due diligence and evaluation of restrictions imposed on travel and other activities; and in the application of anti-COVID measures on the European and domestic level – both on personal and professional grounds. Do not hesitate to contact us if you have any questions regarding the protection of your business in the current pandemic situation.