7 Apr 2022 9:03 am
The German Bundestag votes on Thursday on the introduction of a possible vaccination requirement. The key data of the new draft law on “pandemic prevention through education, mandatory vaccination advice and immunization of the population against Sars-CoV-2” were published in advance.
The one present in the world draft version documents all major plans of the traffic light government regarding planned modifications of the Infection Protection Act (IfSg) of July 20, 2000 (Federal Law Gazette I p. 1045). The last change in accordance with paragraph 3 of the IfSg was made on March 18, 2022. The following excerpts of the paper correspond to the planned major changes of April 6, 2022, which were targeted by the vote in the German Bundestag on April 7. The change to the table of contents states:
“In the statement on Section 13 (Other forms of epidemiological surveillance; authorization to issue ordinances), a comma is added after the word ‘surveillance’ and the words ‘vaccination and immunity register’ are inserted.”
Furthermore, the following is added to paragraphs 20a to 20c (proof of immunity against COVID-19, vaccination against the SARS-CoV-2 coronavirus):
Section 20a Proof of immunity against COVID-19 for adults, authorization to issue ordinances Section 20b Proof of immunity against COVID-19 for adults who have not yet reached the age of 60 Section 20c Proof of immunity against COVID-19 in certain facilities and companies
Should there be a majority decision, paragraph 20f will in future read: “§ 20f limitation; authorization of the Bundestag to extend; evaluation”. Paragraphs 54a and 54b are added under Section 10 of the IfSg “Enforcement of the law and competent authorities”: “§ 54c Coercive measures”. Paragraph 13 of the IfSg is supplemented by the following legal text (5 a) after paragraph 5:
“For the purpose of documenting and monitoring the vaccination and immunization status in accordance with this law in relation to persons who usually reside in the Federal Republic of Germany and for the purpose of monitoring the safety of vaccines, the electronic reporting and information system in accordance with Section 14 shall be kept until 31 December 2009 . December 2023 established a registry of vaccinations performed against certain communicable diseases, existing immunity to certain communicable diseases, existing contraindications related to certain communicable diseases, and completed individual medical consultations on vaccinations against certain communicable diseases.”
“Paragraphs 20a and 20b” are added to paragraph 20 (vaccinations and other specific prophylactic measures). These state:
“Persons (…) are obliged from October 15, 2022 to have proof of vaccination or recovery according to § 22a paragraph 1 or paragraph 2; people who have not yet reached the age of 60 also fulfill this obligation by they have proof of individual medical advice on vaccinations against the SARS-CoV-2 coronavirus.
They will be informed about the obligation according to sentence 1 as well as about counseling and vaccination offers by the offices according to paragraph 4 sentence 1 by May 15, 2022 at the latest; As of September 1, 2022, these bodies will request proof in accordance with paragraph 3 sentence 1.”
Paragraph 20a paragraph 1 does not apply to “people who cannot be vaccinated against the SARS-CoV-2 coronavirus due to a medical contraindication, and pregnant women in the first trimester of pregnancy”. The newly inserted paragraph 3 requires:
“From October 15, 2022, the competent authority may, in order to check whether the obligation under paragraph 1 sentence 1 is met, require each person to present a suitable photo ID in accordance with sentence 5 and the following proof.
If a person claims during a check pursuant to sentence 1 that they are not subject to the obligation under subsection 1 sentence 1 because they have not yet reached the age of 18 or 60, they must have a suitable photo ID to check their identity at the request of the competent authority age to submit.”
Paragraph 20b allows the members of the German Bundestag to:
“The German Bundestag can determine by decision to be published in the Federal Law Gazette on the basis of the available scientific knowledge, in particular on the existing vaccination quotas and virus variants of the coronavirus SARSCoV-2 according to the report of the Federal Government according to § 20f paragraph 3 from September 1, 2022 that persons who have reached the age of 18, but have not yet reached the age of 60, and who have had their habitual residence in the Federal Republic of Germany for at least six months, must have proof of vaccination or recovery in accordance with Section 22a (1) and (2).
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