Fight against fraud, state of emergency overseas, amendment “repentance”: what the draft law on the vaccine pass contains


The Covid-19 pandemic in Francecase

After Jean Castex’s announcements on Monday, Parliament must adopt a number of measures. We take stock.

A few days after the alarming intervention of Olivier Véran before the deputies in committee, the bill “Strengthening the tools for managing the health crisis” to be debated by the National Assembly on Monday. Here are the main provisions.

Vaccine pass widely required

Article 1 provides that a proof of vaccination status for the Covid-19 will be required from people at least 12 years old, instead of the current health pass, to access leisure activities, restaurants and drinking places (with the exception of collective catering) , fairs, seminars and trade shows, and interregional public transport (planes, trains, coaches). In this case of transport, an exception is provided: no need for a pass for “Overriding reason for family or health” (a dying loved one for example) subject to presenting a negative test “Except in an emergency”.

In addition, by decision of the prefects, access to department stores or shopping centers may be subject to the vaccination pass. Employees in the sectors concerned will be required, under certain conditions, to have such a pass. One “Proof of commitment to a vaccination schedule” may be sufficient time to receive the required doses. A negative test for Covid-19 will be enough for 12-17 year olds for school trips to places subordinate to the next vaccination pass, voted the deputies in committee on Wednesday.

They also wish they could adapt gauges in stadiums and halls, in proportion to their reception capacity. Organizers of political meetings will be able to require a health pass from participants. To obtain the new vaccination pass, you will need a complete schedule (two doses or one, depending on the vaccine). A decree will specify the conditions under which a certificate of reinstatement may be valid.

The government should present in the hemicycle an amendment on “repentance”, that is to say, people with fake passes and wanting to be vaccinated. A simple health pass (negative Covid test, complete vaccination certificate or recovery certificate) will remain valid for access to health establishments and medico-social services, except in emergencies, whether for the sick or their accompanying persons. The vaccination pass must come into effect on January 15, but the prefects can adapt the date, in particular overseas where the vaccination rate is lower.

Controls and fight against fraud

The “Concordance” between the identity mentioned on the pass and “An official document with photograph” can be verified for access to activities and places subject to the pass. This procedure is inspired by that of identity verification for payment by check, access to casinos or even to airplanes. The fact of presenting a pass belonging to others and passing on a pass to others for its fraudulent use will be punished from the first breach of a fixed fine of 1,000 euros, against 135 euros currently. The possession itself of false passes will finally be punished by five years’ imprisonment and a fine of 75,000 euros.

The lack of control of the pass by the operator of an establishment open to the public will be liable from the first breach of a fine of 1000 euros, against a penalty from the third breach currently. The government will propose to sanction an administrative fine of up to 1,000 euros per employee, up to a limit of 50,000 euros, companies that do not play the telecommuting game to fight the epidemic.

Overseas

The program bill the state of health emergency until March 31 in Reunion Island and Martinique. And if this exceptional regime, which allows re-containment or curfew, were declared in another overseas territory before March 1, it would automatically be extended until the end of March as well. In mainland France, it is a transitional regime known as “exit from the state of health emergency” which is already in effect until July 31, 2022. It is this regime, a sort of toolbox for the government provision, which makes it possible to order restrictive measures (movement of people, demonstrations, access to establishments open to the public, etc.) including the pass.

In the event of a worsening of the epidemic and if there was a need for more serious measures, the state of health emergency should be re-triggered in metropolitan France. And if this regime were to be extended for more than four weeks, Parliament would have to allow it.

Teleconsultations, health establishments

Extension until July 31 of 100% reimbursement of teleconsultations by Health Insurance. “Funding guarantee for health establishments” public and private extended until June 30.



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