Examined under the accelerated procedure by the National Assembly, the draft law on the vaccination pass should soon be adopted. It will limit access to a significant number of places and activities for those who continue to refuse the injection.
The parliamentary shuttle has not yet come to an end after the failure of the joint committee on January 13. And although the debates in the Assembly are likely to drag on, the main lines of the draft law on the vaccine pass should hardly change before the entry into force of the new device, which the government hoped to set for January 15.
Where will the vaccination pass be requested?
The vaccination pass is provided for access to bars and restaurants, leisure activities (cinemas, museums, theaters, sports venues, sports and performance halls, etc.), fairs and trade shows, large shopping centers ( by decision of the prefects) and to interregional transport (planes, trains, buses except for overriding family or health reasons).
According to the current version, only vaccinated people will therefore be able to access these places, events and services, a negative test for Covid-19 is no longer sufficient. The list of places concerned will have to be specified in an implementing decree, which should not be able to be published before January 16. In addition, professionals working in these places and services are also concerned and will therefore have the obligation to be vaccinated.
In some cases, however, a certificate of recovery from contamination could be presented in place of the certificate of vaccination. The decree implementing the vaccination pass will specify these exemptions and may also request, when “in the interest of public health” so requires, a double pass combining a vaccination certificate with a negative test. for some places. It will also provide for the possibility for professionals to have a transitory vaccination pass “if they demonstrate that they have embarked on a vaccination course, the time necessary for their complete vaccination”, according to the site Vie publique.
However, hospitals, clinics, accommodation establishments for dependent elderly people (EHPAD) and retirement homes will not be concerned, in which the health pass will always be required, valid with proof of vaccination, a negative test result. or a certificate of reinstatement.
Regarding the age threshold of people affected by the vaccination pass, the Senate had pushed it back to over 18 years. Before the National Assembly, the government will defend the obligation to present a vaccination pass for all people over 16 years of age. At first reading, the National Assembly specified that 12-15 year olds would not have to present a vaccination pass for school trips and sports or cultural activities. On the other hand, he will be required outside of these cases, to go to a restaurant with his parents for example.
Reinforced controls and sanctions
The extent of the strengthening of controls and sanctions in the event of fraud also remains to be specified. In the initial bill, a significant tightening is planned, since people presenting a pass belonging to someone else or lending their pass risk a fine from 1,500 euros from the first offense, and professionals who do not control the pass a fine of 1,000 euros. In addition, the simple fact of holding a false pass could be punished by five years in prison and a fine of 75,000 euros.
It remains to be seen, finally, whether the repentance system, introduced by a government amendment and then abolished by the Senate, will be retained for people in breach of the pass and who decide to be vaccinated. The upper house had also removed the administrative fine of 1,000 euros per employee for companies not respecting the health protocol, and the rules applicable to teleworking.
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