Vaccine Mandates In Austria: What You Need To Know

On February 5, 2022, Austria became the first country in Europe to implement a general COVID-19 vaccine mandate for every resident aged 18 and older. The mandate was passed by parliament with a solid majority on January 20, 2022, and was originally scheduled to take effect on February 1, 2022. However, the Austrian government later announced that the mandate would be suspended before enforcement began, citing the law's encroachment of fundamental rights and declining COVID-19 cases. The suspension was in place at least until June 2024, when the mandate was repealed.

The COVID-19 Mandatory Vaccination Act

On February 1, 2022, Austria became the first Western nation to announce that COVID-19 vaccination would be mandatory for the general population. This came after the country imposed a lockdown on its unvaccinated citizens. The COVID-19 Mandatory Vaccination Act (the Act) was passed on February 4, 2022, and made vaccinations mandatory for every Austrian resident aged 18 or older. The Act was to be automatically repealed on January 31, 2024.

The Act was implemented in three phases. In the first phase, which lasted until March 15, 2022, people who had not yet received a first dose of a recognised COVID-19 vaccine could receive their first shot without risking a fine. The recognised vaccines included BioNTech Pfizer, Moderna, AstraZeneca, Johnson & Johnson, Novavax, two Chinese products, and three Indian products.

The second phase began on March 15, 2022 and lasted until the first vaccination due date, which was determined by ordinance. During this phase, the police monitored compliance with the vaccine mandate by checking vaccination certificates during traffic stops and reporting any violations to the competent administrative authorities. The administrative authorities then initiated proceedings and imposed fines if the person could not provide proof of vaccination.

The third phase started after the first vaccination due date, with non-compliance monitored by comparing data from the central population register, the central vaccination register, and the epidemiological reporting system. People who were non-compliant received a reminder and could be fined. The fine for non-compliance was up to €3,600 (approximately US$4,116), with personal income, assets, and payment obligations considered when determining the amount.

The Act provided exemptions for certain individuals, such as pregnant women and those with medical conditions that prevented them from being vaccinated or made them unlikely to show an immune response. These exemptions had to be confirmed by an accredited doctor and entered into the central vaccine registry.

Fines for non-compliance

In February 2022, Austria became the first Western nation to introduce a COVID-19 vaccine mandate for every resident aged 18 or older. The mandate was enforced through fines and the threat of prison sentences for non-compliance.

The COVID-19 Mandatory Vaccination Act stipulated that anyone who did not receive a first dose of a recognised COVID-19 vaccine by March 15, 2022, would risk incurring a fine. The police monitored compliance with the vaccine mandate through vaccination certificate checks and reported any violations to the competent administrative authorities, who then had the power to impose fines.

The fine for non-compliance was up to €3,600 (approximately US$4,116) per year, with personal income, assets, and payment obligations taken into account when determining the exact amount. A person could be fined up to four times per calendar year, and they had the right to submit an objection to the fine within two weeks. Additionally, a fine would not be imposed if the person received their first vaccination within two weeks of receiving a reminder.

The legislation was set to remain in place for three years, with the possibility of early repeal by the health minister.

Enforcement by police

On February 5, 2022, a COVID-19 vaccine mandate was enforced in Austria for every resident aged 18 or older. The mandate was to be controlled by the police, but only after a transitional phase lasting until March 15. During this phase, people who had not yet received their first dose of a recognised vaccine would not be fined.

Between March 15, 2022, and the first vaccination due date, the police would monitor compliance with the vaccine mandate by checking vaccination certificates during traffic stops, for example, and reporting any violations to the competent administrative authorities. The authorities could then initiate proceedings and impose fines if the person could not provide proof of vaccination.

In the third phase, which would start after the first vaccination due date, non-compliance would be monitored by comparing data from the central population register, the central vaccination register, and the epidemiological reporting system. People who were non-compliant would receive a reminder and could be fined.

However, it is important to note that the Austrian government suspended the vaccine mandate in March 2022, just before the enforcement was due to begin. The suspension was based on a report from a commission of health and legal experts, and the government planned to review the situation in three months.

The plan for police enforcement included checking people's vaccination status during traffic stops and asking those who could not provide proof of vaccination to do so in writing. Fines of up to 600 euros were to be imposed, and contesting the punishment could result in fines reaching 3,600 euros.

Exemptions

On February 5, 2022, a COVID-19 vaccine mandate was enacted in Austria for every resident aged 18 or older. The mandate, which will be automatically repealed on January 31, 2024, includes several exemptions.

Firstly, exemptions are granted to those who cannot be vaccinated with one of the recognised vaccines without risking their life or health, such as individuals with allergies to vaccine components. Similarly, people who are likely to show no immune response due to medical reasons, such as organ transplant recipients, are also exempt.

Secondly, individuals who have received several rounds of COVID-19 vaccinations but have shown no immune response are exempt from further vaccination requirements. Additionally, those who have recovered from a COVID-19 infection within the past 180 days are temporarily exempt from vaccination.

Finally, pregnant women, individuals who cannot be vaccinated for medical reasons, and people who have recovered from COVID-19 in the previous six months are also exempt from the mandate. These exemptions must be confirmed by an accredited doctor and registered in the central vaccine registry.

Suspension of the mandate

On March 9, 2022, Austria's federal government announced that it would suspend its COVID-19 vaccination mandate, which was initially set to take effect in February 2022. The suspension came after much controversy and a series of relaxations of measures against COVID-19, including the end of the "green passport," which meant people no longer needed to show proof of vaccination, recovery, or a negative test in most places from March 5, 2022.

The decision to suspend the mandate was made by Constitutional Minister Karoline Edstadler (ÖVP) and newly appointed Health Minister Johannes Rauch (Greens), who stated that the burden on fundamental rights was unnecessary at the time. The suspension was based on a report by a specialist commission, which found that the mandate was not proportionate given the prevalence of the Omicron variant, which typically led to milder forms of the disease.

While the law was suspended, it could have been reactivated and enforced at any time, and commentators speculated that this might happen in the fall of 2022 when COVID-19 cases were expected to rise again. However, Health Minister Rauch announced in June 2022 that the law would be abolished entirely, citing the changed circumstances since the law was passed in November 2021, when the Delta variant was dominant and hospitals were under significant pressure. Rauch also acknowledged the deep societal divides caused by the law and the discussion surrounding it.

The suspension and subsequent abolition of the vaccine mandate were met with mixed reactions. Some, such as FPÖ party leader Herbert Kickl, criticized the decision, arguing that it was \"far too little\" and that the mandate should be lifted entirely. Others, including Prof. Florian Krammer, an outspoken virologist, questioned the decision to lift protective measures and suspend compulsory vaccination while infections were at an all-time high.

The suspension of Austria's vaccine mandate highlighted the ongoing debate and challenges surrounding mandatory vaccination policies during the COVID-19 pandemic. While some supported the mandate as a way to increase vaccination rates and protect public health, others argued that it infringed on individual freedoms and was unnecessary given the changing nature of the virus and its variants.

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