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The federal government has presented the four-party agreement on the draft of the general vaccination requirement, which is planned to take effect in February 2022.
Compulsory vaccination is to apply to all persons residing in Austria from the age of 14. Exceptions are provided for pregnant women and those who cannot be vaccinated for health reasons, as well as for convalescents (for 180 days). The penalty range is up to 3,600 euros, and fines are imposed quarterly.
Compulsory vaccination could come into force in February
The draft law for the so-called COVID-19 compulsory vaccination law is supported by the government factions ÖVP and Greens as well as the opposition factions SPÖ and NEOS. The draft law is now under review until January 10, after which the National Council is to pass a resolution. This means that compulsory vaccination could come into force at the beginning of February. The following is an overview of the key points of the planned general vaccination obligation.
Duration of compulsory vaccination
Mandatory vaccination is scheduled to take effect at the beginning of February 2022 and is expected to last until the end of January 2024. If there are new scientific findings during the course of the pandemic, these can be taken into account retroactively (by decree of the Minister of Health). Any new COVID-19 vaccines can also be supplemented in this way.
Who is affected by compulsory vaccination
All persons over the age of 14 who have their main residence in Austria or have a main residence confirmation are affected by the vaccination obligation. They must have a vaccination status that includes all vaccinations that the Minister of Health determines by decree (on the recommendation of the National Vaccination Board). Currently, this would include both the first and second vaccinations, as well as the additional vaccinations (“boosters”).
Exceptions to the vaccination obligation
In addition to children under the age of 14, pregnant persons (for the duration of pregnancy) are also exempt from mandatory vaccination – however, Health Minister Wolfgang Mückstein (Greens) emphasized that vaccination for pregnant women is “expressly recommended.” Exemptions are also available for convalescents – for 180 days from the day of the positive PCR test. Convalescents can prove their exemption reason with a convalescent certificate or certificate of recovery. However, the recovery is not to be entered into the Central Vaccination Register.
There are also exceptions for health reasons – “for persons who cannot be vaccinated without risk to life or health”. The reason for the exception must be confirmed by a medical certificate. In the case of pregnant women and persons who cannot be vaccinated for health reasons, the doctor must enter the reason for exemption in the Central Vaccination Register. On the homepage of the Ministry of Health, an action guide updated on Thursday is available, which lists when vaccination should temporarily not be carried out for medical reasons.
Expiration
So-called “vaccination deadlines” are held every quarter, the first being March 15, 2022, on which all people covered by the vaccination requirement must be vaccinated or have an exemption reason recorded in the Central Vaccination Registry. Unvaccinated individuals will receive quarterly reminders to be vaccinated or claim a reason for exemption by the next “vaccination deadline.”
Penalties
Anyone who fails to present a vaccination entry or an exemption reason in the Central Vaccination Register on the respective vaccination cut-off date will be issued a penalty order by the competent district administrative authority. Penalties are issued on a quarterly basis. In the case of an “ordinary procedure”, the penalty amounts to up to 3,600 euros. Alternatively, a so-called “abbreviated procedure” can be carried out. Here, penalties of up to 600 euros are provided for. If this amount is not paid or if an objection is raised against the penalty order, ordinary proceedings will be initiated in any case.
According to the Ministry of Health, if you receive a penalty order, you can still avoid the fine by vaccinating after all – as long as the proceedings are still ongoing. In this context, Constitutional Minister Karoline Edtstadler (ÖVP) spoke of “active remorse”, saying that one can still “vaccinate one’s way out” of the penalty. There are also penalties for doctors who issue a false exceptional certificate – up to 3,600 euros.
In any case, the vaccination requirement will not be enforced by physical coercion. Nor will a substitute term of imprisonment be imposed in any proceedings.
— sources: vienna.at/APA/picture:pixabay.com
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