Will the entrepreneurs obtain a legal tool to review the Covid passports? How do they have to deal with the situation presently ?

The entrepreneurs in the times of pandemics of coronavirus deal with many problems resulting from the provisions introduced connected with the current epidemiological situation. One of them is the issue of possibility to review the Covid passports in order to increase the above the statutory limit of a number of the persons taking part in the events organised, as well as using the services of hotels and restaurants or gastronomic outlets operating therein.

Since mid December, there have been new restrictions applicable, i.a. in the limits of the persons taking part in defined events (e.g. parties or meetings organized in restaurants, weddings or consolations). The limits still do not include those fully vaccinated against COVID – 19. This exclusion may raise enthusiasm and hope of the entrepreneurs for the organization of events or meetings for the more numerous than the limit established from above, a number of the guests invited. However the principle introduced raises also a number of problems for the entrepreneurs due to the lack of regulations allowing for the organisers of such events  to review the fact of being vaccinated by the participants (presenting Union digital COVID certificate – the so called “Covid passport” or the certificate on vaccination, test result and recovery).

The Minister of health during the conference in December indicated that the limits introduced are not applicable for the persons vaccinated. In turn, in reply to the question in what way the entrepreneurs are to check the fact of being vaccinated, as no provisions were introduced which would authorise them to do it he said that currently applicable provisions of the Regulation give a possibility for the organisers, within the events organized by them, to establish internal regulations for the purposes of the events organized. He also indicated that these regulations should be construed in this way that for the established limit the organiser allows the participants to enter without presenting the certificate, and if the limit is exceed the consent of the person wishing to participant in the organized event for the review of the Covid passport, is default. If however they do not present such a passport, they will not just enter and this is the way in which in the opinion of the Minister of health such regulations of the events should be construed.

Certain tools allowing for the entrepreneurs to review the fact of being vaccinated against COVID-19 by the participants wishing to participate in the meeting organised or the event are foreseen by the draft of the act by the Members of Polish Parliament on special solutions assuring a possibility to conduct business activity during the COVID-19 epidemics, which entered the Seym on 14 December 2021. The draft assumes that the entrepreneurs whose clients belong to the group of the persons vaccinated against  COVID-19 (possessing Union digital COVID certificate) or possessing negative test result for coronavirus or the certificate on passed infection are not subject to temporary limitations in the scope of conducting business  activity, such as, i.a. the limit of the clients who can be at the same services in a given room belonging to the entrepreneur. It also foresees the right for the entrepreneur to demand from the client to present a proper document, e.g. certificate on vaccination or passed infection of the SARS-CoV-2 virus. The person who refuses to present the document shall be treated as the person non-vaccinated against COVID-19, not possessing the status of recovery or not possessing negative result of diagnostic test towards COVID-19, which shall mean that the he will have the add person to the established limit of persons.

The works over the project are pending therefore the solutions described above may be modified or specified. However it should be taken into account that the introduction of the act may not solve all the problems which are dealt with by the entrepreneurs concerning the fact of vaccination against COVID-19 or experiencing the infection caused by the
SARS-CoV-2 virus.


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