Covid-19: draft law on the management of the health crisis

The draft law on the management of the health crisis was adopted on July 25, 2021. The Constitutional Court (Conseil Constitutionnel), to which the draft law was referred for review, will issue its decision on August 5, 2021. The entry into force of the law is announced for August 9th.

The draft law provides for extending the public health emergency and the institution of a “health pass” until November 15, 2021.

If an individual tests positive for Covid-19, the mandatory isolation period is set at 10 days.

1. The “health pass” is made mandatory: 

• For persons 12 years old and up, when traveling to or from France and for transportation services personnel commencing upon the law’s promulgation;

• For access to leisure activities, restaurants, bars and cafés, fairs, professional seminars and conventions, access to health and medical-social services and establishments by patients (other than in medical emergencies) and persons accompanying/visiting patients, and for long distance travel between regions in France using public transportation. These obligations will apply to the public commencing upon the law’s promulgation, to the personnel of these premises and services starting August 30 and to minors less than 12 years of age starting on September 30.

The failure to present the health pass, the failure to check health passes and the presentation of forged health passes will be subject to criminal prosecution.

Personnel in relevant premises and services who do not present their health pass may have their employment contracts suspended and their pay interrupted. Subject to certain conditions, fixed-term contracts and temporary contracts of such personnel can be terminated early at the employer’s initiative.

Each week, the Government will be required to send Parliament an assessment of the economic impact implementing the health pass has on the activities at issue (loss of revenues, results in fighting the virus’s spread).

2. Vaccination becomes mandatory for all professionals who work in health and social services establishments (hospitals, clinics, medical offices, retirement homes, medical students, firefighters, civil security personnel, medical transport, etc).

These professionals will need to present to their employer a vaccine status certificate, a valid certificate evidencing recovery from Covid-19 or a medical certificate establishing contraindications to vaccination. For the self-employed, the regional health agencies will be able to directly access individuals’ vaccination status.

Claire Pinson-Bessonnet, Attorney at law, Head of Regulatory Affairs