When ? For who ? Where ? the bill “strengthening the tools for managing the health crisis”, definitively adopted on Sunday January 16, created a stir in Parliament. The text, which provides for a new battery of measures to fight against the Covid-19 epidemic, including the introduction of the vaccination pass, has also given rise to many questions from readers in the live franceinfo.fr. Here are our answers.
On what date should the law on the vaccination pass take effect?
We do not yet know the exact day of the entry into force of the law establishing the vaccination pass. And for good reason: if the Parliament has definitively adopted the bill by a final vote of the National Assembly, Sunday at the end of the day, the text must still pass several stages before its application. Two different appeals before the Constitutional Council are thus provided for on the left, to guarantee respect for the “fundamental liberties”.
The text, which the government hoped would come into force on January 15, is therefore likely to be delayed once again. Within the executive, we are talking about a decision of the Constitutional Council rendered on Thursday January 20 on this text. If validated, the law may be promulgated on Friday January 21 and enter into force the next day or two days later, with a week’s delay. Finally, the prefects will be able to adapt the date, in particular overseas, where the vaccination rate is lower.
Will children under 16 be subject to the vaccination pass?
No. The vaccination pass will only be requested from people who are at least 16 years old, the age of “vaccination freedom” against Covid-19, that is to say from which parental authorization is no longer necessary to be vaccinated against Sars-CoV-2. Minors aged 12 to 15 will remain subject to the obligation to present the current health pass (negative Covid test, certificate of complete vaccination or certificate of recovery) for access to leisure activities, restaurants and bars, fairs or transport interregional audiences. Under 12 years old, no pass will be required for these activities.
What will be the conditions to be met to obtain the vaccination pass?
To obtain the precious sesame, you will need a complete vaccination schedule, either two doses or just one, depending on the vaccine. From February 15, you will also need to have received a booster dose four months (and no longer seven) after your second dose for the pass to remain valid. Health Insurance has set up an online service to calculate the date on which you must carry out your vaccination reminder.
Finally, a recovery certificate, issued to people who have been infected with Covid-19, will also give access to the vaccination pass, under the same conditions as it gave access to the health pass, according to statements by Olivier Véran, during the debates. in the National Assembly. This certificate is valid for six months after the result of the positive test.
Will a vaccination pass be necessary to go to the hospital?
Exceptions to the application of the vaccination pass are provided for in certain cases. Thus, a simple health pass (negative Covid test, certificate of complete vaccination or certificate of recovery) will remain valid for access to health establishments and medico-social services, whether for the sick or their companions. In case of emergency, no pass will be required to access these establishments.
Ditto in interregional transport: no need for a vaccination pass to travel in the event of “compelling family or health reason”, such as a dying relative for example, subject to presenting a negative test, “except in an emergency”.
Will employees subject to the health pass be required to have a vaccination pass?
Yes. Employees in sectors already subject to the health pass will be required to have a vaccination pass to continue working. This concerns approximately 1.8 million employees, in particular those who work in cinemas, performance halls, sports halls, conservatories, public libraries, as well as restaurants and cafes. However, a “proof of commitment to a vaccination schedule” may be sufficient to continue working in these sectors, the time to receive the required doses, according to the text.
Who will be able to carry out an identity check in addition to the verification of the vaccination pass?
In addition to the police, the managers of places and activities subject to the pass, such as cafeterias and restaurateurs, will be able to carry out an identity check in addition to the verification of the vaccination pass… but under supervised conditions. Thereby, “when there are serious reasons to believe that the document presented is not related to the person who presents it”, it may be requested “an official document bearing his photograph”, according to the text.
These identity checks have been much criticized by opposition parliamentarians and professionals in the sectors concerned. “The identity check will not be applied because [premièrement], it is not compulsory, and secondly, we are not trained to judge the validity of this pass”, also reacted Monday morning on franceinfo Jean Terlon, vice-president of the catering branch of the Union of trades and hotel industries (Umih-catering).
What are the penalties for fraudulent vaccination pass?
The penalties have been toughened by parliamentarians compared to the rules in force for the health pass. Thus, the fact of presenting a vaccination pass belonging to others and the fact of transmitting to others a pass with a view to its fraudulent use will be punished on the first breach with a fixed fine of 1,000 euros, against 135 euros currently.
The possession itself of several false passes will be repressed with a penalty of up to five years’ imprisonment and a fine of 75,000 euros. However, there may not be a penalty for false pass provided you engage in a vaccination course.
Is there a procedure to take to change your health pass into a vaccination pass?
The text of the law does not specify the practical procedures for obtaining the vaccination pass and the government has not given any indications on this subject for the moment. In all likelihood, if your health pass is already valid with up-to-date vaccinations, it should automatically be replaced by a vaccination pass, in particular via the Tous Anti Covid mobile application.
What measures are planned to promote telework?
The law adopted by Parliament does not only provide provisions on the vaccination pass. The parliamentarians also wanted to strengthen remote working when possible. Companies that do not play the game of teleworking to fight against the epidemic could thus be sanctioned with an administrative fine of up to 500 euros per employee, within the limit of 50,000 euros.