Date: 2021-11-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2021/1993 of 15 November 2021 establishing the equivalence, for the purpose of facilitating the right of free movement within the Union, of COVID-19 certificates issued by New Zealand to the certificates issued in accordance with Regulation (EU) 2021/953 of the European Parliament and of the Council (Text with EEA relevance)
Issued by European Commission
· Directorate-General for Justice and Consumers
Executive Summary:
This Commission Implementing Decision (EU) 2021/1993, dated 15 November 2021, establishes the equivalence of COVID-19 certificates issued by New Zealand with those issued under EU Regulation 2021/953, to facilitate free movement within the Union. New Zealand's "My Covid Record" system is deemed interoperable. The decision enters into force upon publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Equivalence of Certificates:** COVID-19 vaccination and test certificates issued by New Zealand via the "My Covid Record" system are considered equivalent to those issued under EU Regulation 2021/953 for facilitating free movement within the Union.
* **Scope of Equivalence:** This equivalence applies to certificates issued to Union citizens, their family members, and third-country nationals legally staying or residing in Member States, consistent with Regulations EU 2021/953 and EU 2021/954.
* **Interoperability and Data:** New Zealand's system is interoperable with the EU Digital COVID Certificate trust framework and contains the data set out in the Annex to Regulation EU 2021/953, ensuring authenticity, validity, and integrity.
* **Accepted Certificates:** New Zealand issues interoperable vaccination certificates for COVID-19 vaccines, including PfizerBioNTech COMIRNATY, and interoperable test certificates for nucleic acid amplification tests and rapid antigen tests.
* **Data Protection:** Personal data included in verified certificates will only be processed to verify and confirm vaccination or test results and will not be retained afterwards.
* **System Connection:** New Zealand must be connected to the EU Digital COVID Certificate trust framework.
* **Suspension/Repeal:** The Commission retains the power to suspend or repeal this decision if the conditions of Article 82 of Regulation EU 2021/953 are no longer met, particularly concerning public health.
* **Entry into Force:** The decision enters into force on the day of its publication in the Official Journal of the European Union.
Impact Analysis:
**European Commission:**
* Impact: Responsible for monitoring the equivalence conditions and potentially suspending or repealing the decision if necessary.
* Action Required: Maintain oversight to ensure continued compliance with Regulation EU 2021/953.
**EU Member States:**
* Impact: Required to accept COVID-19 certificates issued by New Zealand as equivalent to the EU Digital COVID Certificate for facilitating free movement.
* Action Required: Update systems and procedures to recognize and process New Zealand's "My Covid Record" certificates.
**New Zealand:**
* Impact: New Zealand's COVID-19 certificates will be recognized within the EU, facilitating travel for its citizens.
* Action Required: Connect to the EU Digital COVID Certificate trust framework.
**EU Citizens, their Family Members, and Third-Country Nationals residing in the EU:**
* Impact: Easier travel within the EU using COVID-19 certificates issued by New Zealand.
* Action Required: Use COVID-19 certificates issued via New Zealand's "My Covid Record" system for travel within the EU.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
New Zealand: A country in the southwestern Pacific Ocean whose COVID19 certificates are being assessed for equivalence.
COVID19: The disease caused by the SARS-CoV-2 virus, relevant to the certificates discussed in the document.
Regulation EU 2021/953: A regulation of the European Parliament and of the Council on a framework for the issuance, verification, and acceptance of interoperable COVID-19 vaccination, test, and recovery certificates.
EU Digital COVID Certificate: The interoperable COVID-19 vaccination, test, and recovery certificate established by the European Union to facilitate free movement during the COVID-19 pandemic.
European Commission: The executive branch of the European Union responsible for implementing decisions and policies.
My Covid Record: The system used by New Zealand for issuing interoperable COVID19 vaccination and test certificates.
Ursula VON DER LEYEN: The President of the European Commission.
L 405/20 EN Official Journal of the European Union 16.11.2021
COMMISSION IMPLEMENTING DECISION (EU) 2021/1993
of 15 November 2021
establishing the equivalence, for the purpose of facilitating the right of free movement within the
Union, of COVID-19 certificates issued by New Zealand to the certificates issued in accordance with
Regulation (EU) 2021/953 of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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(1), and in particular
Article 8(2) thereof,
Whereas:
(1) Regulation (EU) 2021/953 lays down a framework for the issuance, verification and acceptance of interoperable
COVID-19 vaccination, test and recovery certificates (‘EU Digital COVID Certificate’) for the purpose of facilitating
the holders’ exercise of their right to free movement during the COVID-19 pandemic. It is also to contribute to
facilitating the gradual lifting of restrictions to free movement put in place by Member States, in accordance with
Union law, to limit the spread of SARS-CoV-2, in a coordinated manner.
(2) Regulation (EU) 2021/953 allows for the acceptance of COVID-19 certificates issued by third countries to Union
citizens and their family members where the Commission finds that those COVID-19 certificates are issued in
accordance with standards that are to be considered as equivalent to those established pursuant to that Regulation.
Furthermore, in accordance with Regulation (EU) 2021/954 of the European Parliament and of the Council(2),
Member States have to apply the rules laid down in Regulation (EU) 2021/953 to third-country nationals who do
not fall within the scope of that Regulation, but who are legally staying or residing in their territory and who are
entitled to travel to other Member States in accordance with Union law. Therefore, any equivalence findings laid
down in this Decision should apply to COVID-19 vaccination and test certificates issued by New Zealand to Union
citizens and their family members. Similarly, on the basis of Regulation (EU) 2021/954, such equivalence findings
should also apply to COVID-19 vaccination and test certificates issued by New Zealand to third-country nationals
legally staying or residing in the territory of the Member States under the conditions laid down in that Regulation.
(3) On 2 September 2021, New Zealand provided the Commission with detailed information on the issuance of
interoperable COVID-19 vaccination and test certificates under the system entitled ‘My Covid Record’. New Zealand
informed the Commission that it considered that its COVID-19 certificates are being issued in accordance with a
standard and a technological system that are interoperable with the trust framework established by Regulation
(EU) 2021/953 and that allow for the verification of the authenticity, validity and integrity of the certificates. In this
regard, New Zealand informed the Commission that COVID-19 certificates issued by New Zealand in accordance
with the ‘My Covid Record’ system contain the data set out in the Annex to Regulation (EU) 2021/953.
(4) New Zealand also informed the Commission that it accepts vaccination and test certificates issued by the Member
States and EEA countries in accordance with Regulation (EU) 2021/953.
(1) OJ L 211, 15.6.2021, p. 1.
(2) 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).16.11.2021 EN Official Journal of the European Union L 405/21
(5) On 19 October 2021, following a request by New Zealand, the Commission carried out technical tests that
demonstrated that the COVID-19 vaccination and test certificates are issued by New Zealand in accordance with a
system, the ‘My Covid Record’, that is interoperable with the trust framework established by Regulation
(EU) 2021/953, and allows for the verification of the authenticity, validity and integrity of the certificates. The
Commission also confirmed that the COVID-19 vaccination and test certificates issued by New Zealand in
accordance with the ‘My Covid Record’ system contain the necessary data.
(6) In addition, New Zealand informed the Commission that it issues interoperable vaccination certificates for
COVID-19 vaccines. These currently include Pfizer/BioNTech COMIRNATY and Pfizer New Zealand Limited
(NZBN: 9429040634296).
(7) New Zealand also informed the Commission that it issues interoperable test certificates for nucleic acid amplification
tests and rapid antigen tests.
(8) Furthermore, New Zealand informed the Commission that it does not issue interoperable certificates of recovery.
(9) In addition, New Zealand informed the Commission that when verifiers in New Zealand verify certificates, the
personal data included in them will be processed only to verify and confirm the holder’s vaccination or test result
and will not be retained afterwards.
(10) The necessary elements for establishing that COVID-19 certificates issued by New Zealand in accordance with the
‘My Covid Record’ system are to be considered as equivalent to those issued in accordance with Regulation
(EU) 2021/953 and are thus fulfilled.
(11) Therefore, COVID-19 certificates issued by New Zealand in accordance with the ‘My Covid Record’ system should be
accepted under the conditions referred to in Article 5(5) and Article 6(5) of Regulation (EU) 2021/953.
(12) In order for this Decision to be operational, New Zealand should be connected to the EU Digital COVID Certificate
trust framework established by Regulation (EU) 2021/953.
(13) In order to protect the Union’s interests, in particular in the area of public health, the Commission may use its
powers to suspend application of this Decision or repeal it, if the conditions of Article 8(2) of Regulation
(EU) 2021/953 are no longer met.
(14) In the light of the need to connect New Zealand to the EU Digital COVID Certificate trust framework established by
Regulation (EU) 2021/953 as rapidly as possible, this Decision should enter into force on the day of its publication in
the Official Journal of the European Union.
(15) The measures provided for in this Decision are in accordance with the opinion of the Committee established by
Article 14 of Regulation (EU) 2021/953,
HAS ADOPTED THIS DECISION:
Article 1
COVID-19 vaccination and test certificates issued by New Zealand in accordance with the ‘My Covid Record’ system shall,
for the purpose of facilitating the right of free movement within the Union, be considered as equivalent to those issued in
accordance with Regulation (EU) 2021/953.
Article 2
New Zealand shall be connected to the EU Digital COVID Certificate trust framework established by Regulation
(EU) 2021/953.L 405/22 EN Official Journal of the European Union 16.11.2021
Article 3
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Done at Brussels, 15 November 2021.
For the Commission
The President
Ursula VON DER LEYEN