"P-003792/2021

Answer given by Mr Reynders

on behalf of the European Commission

(24/8/2021)

The EU Digital COVID Certificate framework is based on Articles 21 and 77 of the Treaty on the Functioning of the EU and aims at facilitating travel within the EU. Therefore, the domestic application of COVID-19 certificates for other purposes (such as access to events or recreational activities in a Member State) does not fall within the scope of the EU Digital COVID Certificate Regulations. The EU Charter of Fundamental Rights only applies to Member States when they are implementing EU law.

 Member States may decide to adopt a system of COVID-19 certificates for domestic purposes, and several Member States have done so. As noted in Recital 49 of the EU Digital COVID Certificate Regulation, where a Member State adopts, on the basis of national law, a system of COVID-19 certificates for domestic purposes, it should ensure for the period of application of the Regulation that certificates making up the EU Digital COVID Certificate can also be used and are also accepted for domestic purposes, in order to avoid that persons travelling to another Member State and using the EU Digital COVID Certificate are obliged to obtain an additional national COVID-19 certificate".

AVIONEWS publishes the integral version of the question:

"Parliamentary questions 

28 July 2021 

Priority question for written answer P-003792/2021to the Commission Rule 138

Antonio Maria Rinaldi (ID) Answer in writing 

Subject: Use of the EU digital COVID certificate by the Italian Government

On 23 July 2021, the Italian Government issued Decree-Law No 105 entitled ‘Urgent measures to address the COVID-19 epidemiological emergency and for the safe exercise of social and economic activities’.

Article 3 stipulates that in Italy from 6 August 2021 –even in ‘white zones’– access to indoor dining facilities, public performances, sports events and competitions, museums and many other cultural and recreational activities will be granted only to individuals with a COVID-19 green pass.

In the light of these provisions, questions are being asked about the potentially discriminatory misapplication of Regulation (EU) 2021/953 on the EU digital COVID certificate, which was only ever intended to facilitate free movement among the Member States in accordance with the Treaties.

There are also concerns about the compatibility of such provisions with the founding values of the EU enshrined in the Charter of Fundamental Rights of the European Union, in particular the principle of non-discrimination (Article 21).

In the light of the above:

1 Does the Commission consider the Italian rules to be compatible with the principle of non-discrimination, which is referred to several times in the EU regulation on the digital COVID certificate?

2 Will it be watching out for and intervene in the event of any violations of the Charter of Fundamental Rights?

Last updated: 30 July 2021".