Bill modifying the Covid Check scheme

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Date:
07 Dec 2021

Newsflash

By:
Dorothée David

Bill no. 7924 modifying the modified law of 17 July 2020 on the measures to combat the Covid-19 pandemic was submitted to the chamber of deputies on 4 December 2021.

In particular, the Bill would make the following main changes to the Covid Check scheme:

  • only vaccination and recovery certificates would be accepted for entering an establishment or event under the Covid Check scheme (the so-called “2G” rule);
  • however, staff working for the establishment or the event organiser under the Covid Check scheme would still be subject to the possibility of presenting either a vaccination certificate, a recovery certificate or a negative test certificate (the so-called “3G rule”);
  • the validity of negative test certificates would be reduced from 72 hours to 48 hours for PCR tests, and from 48 hours to 24 hours for rapid antigen tests;
  • the manager of the establishment or the organiser of the event under the Covid Check scheme would need to ask for ID from the person presenting a vaccination or recovery certificate. If the person refuses or is unable to present a certificate and prove their identity, they will not be allowed to enter the establishment or the event;
  • the operator of the establishment or the organiser of the event under the Covid Check scheme would be able to keep a list of vaccinated people when they access a given establishment or participate in events under the Covid Check scheme on a regular basis. Inclusion on this list would be voluntary.

In particular, the Bill specifies that so-called “leisure” activities and establishments such as restaurants, sports and cultural activities would automatically fall under the Covid check “2G” scheme. So in company canteens and restaurants, the Covid Check scheme would be compulsory, and clients would be subject to the “2G” scheme while company canteen/restaurant staff would be subject to the “3G” scheme.

As far as the world of work is concerned, at this stage, the text of the Bill submitted does not provide for the compulsory application of the Covid Check scheme in companies.

The Covid Check scheme would therefore remain optional for the employer. If the latter decides to apply it in all or part of its business, workers would be subject to the “3G” scheme (i.e. obligation to present a vaccination or recovery certificate or a negative test from the last 48 hours or 24 hours), in order to be able to access the company/establishment/premises under the Covid Check scheme.

The measures outlined by the Bill would come into effect as soon as it is published in the Memorial in the form of a Law, and until 28 February 2022 inclusive.

At this stage, the Covid Check scheme currently in force (see our Newsflash of 20 October 2021) continues to apply until 18 December 2021 inclusive.