Date: 2022-07-01Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2022/1096 of 30 June 2022 establishing the equivalence, for the purpose of facilitating the right of free movement within the Union, of COVID-19 certificates issued by the Republic of Korea 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) 2022/1096 establishes that COVID-19 vaccination certificates issued by the Republic of Korea under the COOV system are equivalent to those issued under EU Regulation 2021/953, facilitating free movement within the Union. The Republic of Korea will be connected to the EU Digital COVID Certificate trust framework. The decision entered into force on the day of its publication, 1 July 2022, in the Official Journal of the European Union.
**Key Points / Main Content:**
* **Equivalence of Certificates:** COVID-19 vaccination certificates issued by the Republic of Korea, following the COOV system, are considered equivalent to those issued under EU Regulation 2021/953 for facilitating free movement within the EU.
* **Interoperability and Data:** The Republic of Korea's COVID-19 certificates are issued according to standards and a technological system that are interoperable with the EU trust framework and allow for verification of authenticity, validity, and integrity, containing the data set out in the Annex to Regulation EU 2021/953.
* **Vaccine Recognition:** The Republic of Korea informed the Commission that certificates indicating vaccines with EU-wide authorisation will only be accepted if the vaccine has completed the WHO Emergency Use Listing procedure.
* **Non-Recognition of Recovery Certificates:** The Republic of Korea confirms that it would not recognise recovery certificates issued by Member States and EEA countries in case of reintroduction of travel restrictions.
* **Data Protection:** Personal data included in certificates verified in Korea will only be processed to confirm vaccination or test result status and will not be retained.
* **Connection to EU Framework:** The Republic of Korea shall be connected to the EU Digital COVID Certificate trust framework established by Regulation EU 2021/953.
* **Suspension or 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, to protect the Union's interests, especially in public health.
**Impact Analysis**
* **EU Citizens and their families:**
* *Impact:* Can use COVID-19 vaccination certificates issued by the Republic of Korea (COOV) as equivalent to the EU Digital COVID Certificate for free movement within the Union.
* *Action Required:* Ensure their Korean-issued vaccination certificates comply with the COOV system.
* **Third-Country Nationals legally staying or residing in Member States:**
* *Impact:* Can use COVID-19 vaccination certificates issued by the Republic of Korea (COOV) as equivalent to the EU Digital COVID Certificate for travel to other Member States, under the conditions of Regulation EU 2021/954.
* *Action Required:* Ensure their Korean-issued vaccination certificates comply with the COOV system and meet the requirements of Regulation EU 2021/954.
* **Member States:**
* *Impact:* Must accept COVID-19 vaccination certificates issued by the Republic of Korea (COOV) as equivalent to the EU Digital COVID Certificate.
* *Action Required:* Update their systems and procedures to recognize and verify Korean-issued COVID-19 vaccination certificates under the COOV system.
* **Republic of Korea:**
* *Impact:* Its COVID-19 vaccination certificates (COOV) are recognized as equivalent to the EU Digital COVID Certificate, facilitating travel for its citizens to the EU.
* *Action Required:* Maintain the COOV system in compliance with EU standards, connect to the EU Digital COVID Certificate trust framework, and be prepared to accept vaccination and test certificates issued by Member States and EEA countries in accordance with Regulation EU 2021/953.
* **European Commission:**
* *Impact:* Responsible for overseeing the implementation of this decision and ensuring continued compliance.
* *Action Required:* Monitor the Republic of Korea's adherence to the required standards and be prepared to suspend or repeal the decision if necessary.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Republic of Korea: A sovereign state in East Asia, constituting the southern part of the Korean Peninsula.
COVID19: An infectious disease caused by the SARS-CoV-2 virus.
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).
Regulation EU 2021/954: 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) with regard to third-country nationals.
EU Digital COVID Certificate: A digital proof that a person has either been vaccinated against COVID-19, received a negative test result or recovered from COVID-19.
COOV: The system under which the Republic of Korea issues interoperable COVID19 vaccination certificates.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
L 176/64 EN Official Journal of the European Union 1.7.2022
COMMISSION IMPLEMENTING DECISION (EU) 2022/1096
of 30 June 2022
establishing the equivalence, for the purpose of facilitating the right of free movement within the
Union, of COVID-19 certificates issued by the Republic of Korea 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 are 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 certificates issued by the Republic of Korea 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 certificates issued by the Republic of Korea 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 29 September 2021the Republic of Korea provided the Commission with detailed information on the issuance
of interoperable COVID-19 vaccination certificates under the system entitled ‘COOV’. The Republic of Korea
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, the Republic of Korea informed the Commission that COVID-19 vaccination certificates issued by the
Republic of Korea in accordance with the ‘COOV’system contain the data set out in the Annex to 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).1.7.2022 EN Official Journal of the European Union L 176/65
(4) The Republic of Korea also informed the Commission that, there are currently no travel restrictions related to
COVID-19 for entry and stay into the Republic of Korea. Should there be a need to re-introduce travel requirements,
the Republic of Korea confirms that it would accept vaccination and test certificates issued by the Member States and
EEA countries in accordance with Regulation (EU) 2021/953. Concerning the vaccination certificates, the Republic
of Korea informed the Commission that certificates indicating vaccines with EU-wide authorisation will only be
accepted if the vaccine has completed the WHO Emergency Use Listing procedure. Concerning the recognition of
the recovery certificates in particular, in case of need to re-introduce travel restrictions, the Republic of Korea
confirms that it would not recognise them.
(5) On 30 May 2022, following a request by the Republic of Korea, the Commission carried out technical tests that
demonstrated that the COVID-19 vaccination certificates issued by the Republic of Korea are in accordance with the
‘COOV’ system 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 certificates issued by the Republic of Korea in accordance with the ‘COOV’ system
contain the necessary data.
(6) In addition, the Republic of Korea informed the Commission that it issues interoperable vaccination certificates for
COVID-19 vaccines. Those vaccines currently include Comirnaty, Spikevax, Vaxzevria, Nuvaxovid and Jcovden.
(7) The Republic of Korea also informed the Commission that it does not issue interoperable test certificates.
(8) Furthermore, the Republic of Korea informed the Commission that it does not issue interoperable certificates of
recovery.
(9) In addition, the Republic of Korea informed the Commission that when verifiers in Korea verify certificates, the
personal data included in them will be processed only to verify and confirm the holder’s vaccination or test result
status and will not be retained afterwards.
(10) The necessary elements for establishing that COVID-19 vaccination certificates issued by the Republic of Korea in
accordance with the ‘COOV’ system are to be considered as equivalent to those issued in accordance with Regulation
(EU) 2021/953 are thus fulfilled.
(11) Therefore, COVID-19 vaccination certificates issued by the Republic of Korea in accordance with the ‘COOV’ system
should be accepted under the conditions referred to in Article 5(5) of Regulation (EU) 2021/953.
(12) In order for this Decision to be operational, the Republic of Korea 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 order to connect the Republic of Korea 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,L 176/66 EN Official Journal of the European Union 1.7.2022
HAS ADOPTED THIS DECISION:
Article 1
COVID-19 vaccination certificates issued by the Republic of Korea in accordance with the ‘COOV’ 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
The Republic of Korea shall be connected to the EU Digital COVID Certificate trust framework established by Regulation
(EU) 2021/953.
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, 30 June 2022.
For the Commission
The President
Ursula VON DER LEYEN