Decree-Lei n.º 22/2022 from 6th of February

Summary: Changes the measures regarding the EU COVID Digital Certificate.

On 1 February 2022, Commission Delegated Regulation (EU) 2021/2288 , of 21 December 2021, came into force, amending the annex to Regulation (EU) 2021/953 , of the European Parliament and of the Council, in regarding the deadline for accepting vaccination certificates issued in the EU COVID Digital Certificate format that indicate the completion of a primary vaccination series, which has been set at 270 days.

On 24 January 2022, the Council of the European Union adopted a recommendation on a coordinated approach to facilitate safe free movement during the COVID-19 pandemic.

Among the various topics addressed in that Recommendation, the reduction of the admissibility period of an EU COVID digital certificate in the test certificate modality following a rapid antigen test (TRAg) to screen for SARS-CoV-infection is included. 2 with a negative result, which went from 48 to 24 hours.

In addition to reducing the period of validity of rapid antigen tests (TRAg), the Recommendation also provides that EU COVID Digital Certificates in the form of vaccination certificate should now refer to the taking of a booster dose of a vaccine against COVID-19 with marketing authorization pursuant to Regulation (EC) No 726/2004 .

Thus, it is necessary to reflect the aforementioned changes in the national legal system, and, accordingly, Decree-Law n.º 54-A/2021 , of 25 June, which implements the Regulation (EU) 2021/953 , concerning the EU COVID Digital Certificate.

So:

Pursuant to Article 198(1)(a) of the Constitution, the Government decrees the following:

Article 1

Object

This decree-law makes the second amendment to Decree-Law no. 54-A/2021 , of 25 June, amended by Decree-Law no . Regulation (EU) 2021/953 on the EU COVID Digital Certificate.

Article 2

Amendment to Decree-Law No. 54-A/2021 , of 25 June

Article 4 of Decree-Law No. 54-A/2021 , of 25 June, in its current wording, is replaced by the following wording:

«Article 4

[…]

1 – …

a) Vaccination certificate attesting to:

i) Completion of the primary vaccination series of the respective holder, more than 14 days ago and less than 270 days since the last dose, with a vaccine against COVID-19 with marketing authorization pursuant to Regulation (EC) No. 726/2004 ; or

ii) Taking a booster dose of a vaccine against COVID-19 with marketing authorization pursuant to Regulation (EC) No. 726/2004 ;

b) …

i) …

ii) A rapid antigen test listed in the list drawn up by the European Commission on the basis of the Council Recommendation of 21 January 2021 on a common framework for the use and validation of rapid antigen detection tests for COVID-19 and mutual recognition of test results in the EU in the last 24 hours with a negative result;

c) …

2 – For the purposes of subparagraph a) of the previous number:

a) The primary vaccination series is considered completed after taking:

i) [Previous paragraph a) of n.º 2.]

ii) [Previous paragraph b) of n.º 2.] or

iii) [Previous paragraph c) of No. 2.]

b) A ‘booster dose’ means the dose of a vaccine against COVID-19 administered after completion of the primary vaccination series as defined in the previous paragraph.

3 – The members of the Government responsible for the areas of foreign affairs, internal administration, health and civil aviation may, for the purposes provided for in this decree-law, recognize, by means of an order, the validity of vaccination or recovery certificates issued by third countries, on conditions of reciprocity.

4 – For the purposes of the preceding paragraph, the validity of vaccination certificates attesting to the completion of the primary vaccination series or the taking of a booster dose of other vaccines against COVID-19 in addition to those provided for in subparagraph a) is allowed. of paragraph 1, provided that they are admissible under the second subparagraph of paragraph 5 of article 5 of Regulation (EU) 2021/953 .”

Article 3

Reciprocity rule

Article 5(2) of Decree-Law no. 54-A/2021 , of 25 June, in its current wording, is revoked.

Article 4

Implementation

This decree-law enters into force on the day following its publication.

Seen and approved by the Council of Ministers of February 3, 2022. – Pedro Gramaxo de Carvalho Siza Vieira – Marta Alexandra Fartura Braga Temido de Almeida Simões.

Enacted on February 4, 2022.

Go public.

The President of the Republic, Marcelo Rebelo de Sousa.

Countersigned on February 5, 2022.

The Prime Minister, António Luís Santos da Costa.

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