• From this Monday, it is mandatory to present a health pass to make a long trip, to go to a café, restaurant, bar, museum or even cinema.

  • The control of the pass must be carried out by the establishments, while some are already understaffed.

  • Verification of the health pass also involves verifying the identity of the person presenting it.

    However, this control is framed by law and cannot legally be carried out by just anyone.

Flaws and limitations.

Since Monday, bars, cafes, restaurants, TGV, cinemas or museums must ensure the control of health passes for their customers and visitors.

The law indicates that any person over 18 years of age wishing to visit these places must present proof of a complete vaccination schedule, or a negative test of less than 72 hours or a certificate of positive Covid test of at least less 11 days and less than 6 months.

The text specifies that it is up to the managers of the establishments to ensure the control of the validity of the precious sesame.

On paper everything seems simple, but in practice things are much less so.

20 Minutes

takes stock. 

Do companies have the logistical means to control their customers?

For Christina, manager of a café near the Chantiers station in Versailles, the answer is no. "We will check after the rush, when people are seated and they really take the time," she told AFP. "This poses logistical problems especially with outdoor terraces where people can come from anywhere and sit down," says a

20 Minutes

Laurent Lutse, President Umih (Union of trades and hospitality industries) Cafes, Brasseries and Night establishments.

While the hotel and catering industry is already lacking in manpower for the season, "controlling health passes requires the hiring of a new employee for some establishments," says the president of Umih. "I'm all alone, how do you expect me to serve everyone and control at the same time?" », Asks José, manager of a Versailles café interviewed by AFP. If machines with a scanner system can replace an employee, "their rental costs around 350 euros per month, payable by the establishment of course", indicates Laurent Lutse. In Vendée, the union had to launch an appeal for retired volunteers in order to find people who would agree to carry out this task.

On the side of the SNCF, things could be better anticipated. As a reminder, people traveling on TGV Inoui and Ouigo, Intercités or even long-distance international trains are subject to the health pass. A little more than 10 days ago, the CEO of the SNCF, Jean-Pierre Farandou had assured that the controllers would be ready on August 9 for these checks. The latter had specified that the controls would be "massive", but not systematic, "because we simply do not know how to do". The CEO had also indicated that the checks of the pass will be carried out "rather on the ground", but that there may "also be checks on board". In Dijon station, an SNCF employee told AFP on Monday, however, that there was for the moment no control at the station "but only in the trains".

What penalties are companies exposed to in the event of non-verification of passes?

On its website, the government indicates that "traders and professionals who do not control the pass are subject to a formal notice and possible temporary closure of the establishment".

In the event of a repeat offense, this can go up to a one-year prison sentence and a fine of € 9,000.

Christina, the manager of a café in Versailles interviewed by AFP, for her part ensures that she is afraid of sanctions, but not to worry too much about it early in the morning when she is not too afraid of police checks.

Laurent Lutse regrets that the government has not implemented the means "to train staff on the posture to adopt and the reactions to have when faced with recalcitrant customers".

For now, everyone is doing what they can.

This is the case of Stéphane Latour, boss of the Brasserie du Passage Saint-Michel in Bordeaux, who tells AFP that he refused to serve on the terrace a young woman, a regular customer, who has not yet received her second dose. vaccine, and tries to calm his discontent.

“Apart from a few people understand.

If they don't have the pass, they take out coffees, ”he says.

Do establishments open to the public have the right to check the identity of their client?

The health pass is in the form of a QR code. When scanned, the latter indicates the health status of the person as well as his name and first name. No photo is associated, so it is impossible to know if the pass is indeed that of the person presenting it, unless you also check their identity document. A practice already common in nightclubs to control the age of customers or in restaurants for people wishing to pay by check. “We ask for proof of identity. Establishments have the right to set their own rules and to refuse people if they wish, ”explains Laurent Lutse. At the SNCF, sworn agents can also carry out an identity check, as they already do to check the validity of reduction cards.

Except that according to article 78-2 of the penal code, only gendarmes and police officers can ask a person to disclose his identity in particular if they suspect him of having committed or attempted to commit an offense.

A restaurant owner or the manager of a bar cannot legally require a customer to present an identity card.

A situation which could lead some to fraud.

What sanctions are these people exposed to?

The government site indicates that "the fraudulent use of a health pass is punishable by a fine".

This is 4th class and amounts to 750 euros, but is lowered to 135 € if it is settled quickly.

In the event of a repeat offense within 15 days, the fine may rise to 1,500 euros, then to 3,750 euros for a third repeat offense in the month.

This latter sanction may be accompanied by a six-month prison sentence.

The government also indicates that "failure to present your pass may result in a fine of at least € 135".

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  • epidemic

  • Covid 19

  • Coronavirus

  • Coffee

  • Restaurant

  • Bar

  • Health

  • Health pass