Landungsbrücken

COVID-19 Corona Rules and Regulations in Hamburg

This is the draft of the corona regulations applicable from Monday, 17 May 2021. Please note that this version is a non-official translation of the regulations in German. For more English information, please see our FAQs.

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COVID-19 Restriction Order of the Free and Hanseatic City of Hamburg

COVID-19 Regulations of the Free and Hanseatic City of Hamburg
These regulations are applicable from Monday, 17 May 2021. Please note that this is a non-official translation of the regulations in German. For more English information, please see our FAQs.

Part 1 General Regulations

Section 1 Purpose and Scope of these Regulations
(1) The purpose of this order is to contain the spread of the SARS-CoV-2 coronavirus in the City of Hamburg to protect the health and life of the citizens and to ensure the operability of the public health system.

(2) In the scope of section 28b Infektionsschutzgesetz (henceforth IfSG), these regulations apply if there are no conclusive regulations stated in section 28b IfSG. If these regulations contain protective or preventive regulations other than section 28b IfSG, they shall be complementary.

Section 2 Definitions
(1) For the purpose of these regulations, public places are all places which are open or accessible to the general public.

(2) For the purpose of these regulations, a household is any type of dwelling in which a person lives alone or with other persons. Spouses, life partners and fiancés are considered one household, regardless of whether or not they live in the same house or apartment. Persons experiencing homelessness who have joined in forming a shelter and support community and who live and sleep together in a tent or camp are considered persons living in the same household for the purpose of these regulations.

(3) For the purpose of these regulations, public transport means all forms of commercial transport of persons by land and water as well as the stay of passengers and visitors on the premises belonging to the means of transport (such as railway stations, airports, landing stages and similar facilities).

(4) For the purpose of these regulations, an event is a temporary and planned event with a defined objective or intention, and with a thematic link to content or purpose, in the limited responsibility of an organiser, be it a person, an organisation or an institution, in which a group of persons takes part. Gatherings according to section 10 are not events for the purpose of this regulation.

(5) For the purpose of these regulations, proof of vaccination is a piece of written or electronic evidence of full vaccination against the SARS-CoV-2 coronavirus in German, English, French, Italian or Spanish, provided that the underlying vaccination was conducted with one or more vaccines as considered valid by the Paul Ehrlich Institute and

  1. consisted of the number of vaccination shots required by the Paul Ehrlich Institute for a full vaccination with the last required shot dating back at least 14 days; or
  2. in the case of a person fully recovered from an infection with COVID-19, consisted of one further vaccination shot.

(6) For the purpose of these regulations, proof of recovery is a piece of written or electronic evidence of a former infection with COVID-19 in German, English, French, Italian or Spanish if the underlying testing was conducted by means of PCR testing and dates back to at least 28 days, but no more than 6 months.

(7) For the purpose of these regulations, a risk area is an area outside Germany with an increased risk of infection with the SARS-CoV-2 coronavirus as defined by the Federal Ministry of Health. A high-risk area is any risk area with a particularly high incidence of the spread of the SARS-CoV-2 coronavirus. A virus variant area is any risk area where certain variants of the SARS-CoV-2 coronavirus have become widespread in this risk area; the classification as a risk area becomes effective only at the end of the first day after publication by the Robert Koch Institute (English version available).

Part 2 Physical Distancing and Contact Restrictions

Section 3 Physical Distancing
(1) Every person is required to reduce physical contact with persons other than members of their own household to an absolutely necessary minimum, to follow the current recommendations of the responsible authorities to prevent the spread of the coronavirus and to take the appropriate hygiene measures.

(2) Persons must maintain a minimum distance of 1.5 metres between each other in public places (physical distancing). Physical distancing does not apply

  1. to members of the same household;
  2. between persons with a custody or contact relationship governed by family law; or
  3. to meetings with only one person of another household and their children under the age of 14;

physical distancing does also not apply if maintaining the minimum distance is not possible for technical or legal reasons.

Section 3a (cancelled)

Section 4 Contact Restrictions
(1) The collective stay of persons in public places is permitted

  1. in the cases stated in section 3 (2);
  2. for the purpose of exercising a profession, unless otherwise restricted;
  3. for the purpose of performing duties or service as a member of the citizenry, as a member of the Hamburger Senat, as a member of the Constitutional Court, as a member of a constitutional body of the Federal Republic of Germany, as a civil servant, as a judge, as a member of a district assembly, as an ambassador or member of the consular corps as well as for the performance of duties in the public service or as an organ of the administration of justice;
  4. within the scope of participation in coping with the current situation of infections in accordance with participation in disaster control;
  5. in hospitals, medical or nursing facilities, medical offices, facilities for follow-up treatment and other health care facilities, facilities of service providers of integration assistance and youth welfare, facilities for family assistance, social assistance and counselling, and veterinary medical facilities; unless otherwise restricted;
  6. in courts of law and authorities and in other bodies or institutions performing functions of the public law; unless entering is restricted for non-officials;
  7. for press reports by representatives of the press, radio, film and other media;
  8. in the context of care and support of persons in need of assistance, including the services of sign language interpreters and persons otherwise involved in the support of persons in need of care assistance, if care and support are not otherwise possible and are not otherwise restricted;
  9. in the context of attendance at schools, youth welfare or other day-care centres, including privately organised care in small groups, as well as taking children and youths to and collecting them from these facilities; unless otherwise restricted;
  10. at events according to sections 9 and 11;
  11. at gatherings according to section 10;
  12. for the use of facilities open to the public, commercial enterprises, business premises, restaurants, accommodation or other offers open to the public, in particular those listed in these regulations, according to section 5 and the respective requirements stated in these regulations;
  13. in the context of public transport as stated in section 12;
  14. in the context of meetings between persons in prison and their immediate relatives; this includes meetings on private premises; and
  15. in state, private and confessional universities as stated in section 22, including their facilities.

For numbers 2 to 9, physical distancing according to section 3 (2) does not apply. For numbers 2 to 9, section 9 does not apply.

(2) Collective stays of persons in public places other than those specified in subsection 1 shall be prohibited (contact restriction).

Part 2a Temporary Restrictions for the Containment of the SARS-CoV-2 Virus

Section 4a Prohibition of Entertainment Events and Meetings
(1) Events designed to entertain an audience are prohibited. To other events, the provisions of section 9 apply.

(2) Family meetings and meetings with friends in public places, vehicles for leisure-time activities or on private premises are only permissible with the following persons:

  1. members of the same household;
  2. between persons with a custody or contact relationship governed by family law; or
  3. only one person of another household and their children under the age of 14;

it is recommended that physical contact should be reduced to a minimum and that the general hygiene measures should be observed. Section 4 (1) 8 applies accordingly; otherwise, this regulation shall not affect private property.

(3) (cancelled)

Section 4b Temporary Closure of Public Facilities
(1) The following institutions and facilities, whether in closed rooms or in the open air are not allowed to open:

  1. facilities in which dancing takes place, especially clubs, discotheques and music clubs;
  2. trade fairs, expositions and funfairs;
  3. traditional fairs;
  4. Christmas and winter markets;
  5. casinos;
  6. gambling halls;
  7. betting shops and similar businesses;
  8. theatres (including music theatres);
  9. opera houses;
  10. movie theatres (cinemas);
  11. concert halls and live music venues;
  12. (cancelled);
  13. (cancelled);
  14. (cancelled);
  15. planetariums;
  16. zoological and botanical gardens, with the exception of outdoor areas;
  17. zoological and botanical exhibitions;
  18. smaller zoos, with the exception of outdoor areas;
  19. theme parks;
  20. leisure activities;
  21. leisure and amateur choirs;
  22. activities in literature houses;
  23. dance and ballet studios and schools, unless serving the purpose of professional training;
  24. swimming pools, including fun pools
  25. saunas, steam baths and tanning salons;
  26. thermal spas;
  27. wellness salons;
  28. fitness studios, yoga studios and similar facilities,
  29. meetings and group activities for senior citizens.

Harbour tours on water and land, city tours and comparable tours for tourist purposes including occasional services, as well as tourist guided tours are prohibited. The standard check-in of passengers in order to embark on a cruise is not permitted.

(2) Sex work facilities may not be opened to the public. The arrangement of sexual services is not permitted. Sex work events may not be held. Vehicles may not be made available for sexual services.  The practise of sexual services is prohibited.

Section 4c Temporary Closure of Shops and Retail
(1) The operation of shops and retail outlets with public access is prohibited, unless otherwise specified below.

(2) The sale and delivery of goods in distanced and contactless handover situations outside the business premises is permissible in compliance with the distance requirement according to section 3 (2); the handover must be performed outside the indoor sales areas; electronic payment upon collection is permitted where possible. While collecting the items ordered, the obligation to wear a medical face mask according to section 8 applies.

(2a) Section 28b (1) 4b does not apply.

(3) The following retail shops and facilities, including their sales outlets, may remain open to the public:

  1. grocery shops, including direct vendors;
  2. pharmacies;
  3. retail of medical aids and products, in particular opticians, hearing aid audiologists and medical supplies shops;
  4. chemist’s shops;
  5. specialist shops for products for babies;
  6. health shops and health food shops;
  7. sales stalls at weekly outdoor markets if they offer food or goods for daily use;
  8. delivery services and services for the collection of goods;
  9. beverage shops;
  10. petrol stations;
  11. banks, pawn shops and public auctions;
  12. post offices;
  13. dry cleaners;
  14. laundrettes;
  15. newsagents and kiosks;
  16. pet supplies and food shops;
  17. wholesale;
  18. repair shops for vehicles, including bicycles;
  19. handicraft and service facilities unless otherwise restricted;
  20. book shops;
  21. flower shops and garden centres.

The requirements according to section 13 must be complied with.

(4) Shops and facilities with a mixed stock of goods may open their sales outlets to the public if goods that correspond to the typical stock of one of the shops or facilities referred to in subsection (3) 1 form the focus of their assortment. These shops may sell goods from the entire product range they usually sell. The range of goods that does not correspond to the range of one of the shops or facilities mentioned in subsection (3) 1 may not be expanded. For shops and facilities with physically separated areas, sentences 1 to 3 shall apply to each individual area.

Section 4d Ban on Alcohol Consumption in Certain Public Areas

(1) In the following public streets, squares, parks and areas, the consumption of alcoholic beverages is prohibited from Monday to Thursday from 2 p.m. to 6 a.m. the following morning, on Friday from 2 p.m., on Saturday all day, and Sunday and on holidays all day until 6 a.m. the following morning:

  1. on Reeperbahn street, including Nobistor and the Beatles-Platz and Spielbudenplatz squares, delimited by Millerntorplatz square, Zirkusweg, Holstenstraße and Finkenpark, as well as on Spielbudenplatz from no. 1 to 31;
  2. on Große Freiheit street from no. 1 to 47;
  3. on Talstraße street from no. 1 to 36 and on Hamburger Berg street from no. 1 to 39;
  4. on Hans-Albers-Platz square;
  5. in the Antonipark (Park Fiction), including Bernhard-Nocht-Straße from no. 1 to 3 and St. Pauli Hafenstraße from no. 140 to 126;
  6. on Schulterblatt street from no. 85 to 1;
  7. on Susannenstraße street;
  8. on Bartelsstraße street from no. 63 to 1
  9. on Schanzenstraße street from no. 1 to 121;
  10. on Neuer Kamp street no. 30 (Lattenplatz);
  11. in Neuer Pferdemarkt park;
  12. on Beim Grünen Jäger street from no. 1 to 16;
  13. on Wohlwillstraße street from no. 29 to 55;
  14. on Paulinenplatz square and on Paulinenstraße street from no. 8 to 18;
  15. on Paul-Roosen-Straße street from no. 4 to 49;
  16. on Clemens-Schultz-Straße street from no. 1 to 56;
  17. on Wohlers Allee street in front of no. 78;
  18. in Schanzenpark;
  19. in Wohlers Park;
  20. in Emil-Wendt-Park;
  21. on Hansaplatz square, including the following areas:

    a. on Rostocker Straße street from Hansaplatz up to no. 12;
    b. on Brennerstraße street from Hansaplatz up to no. 5;
    c. on Stralsunder Straße street from Hansaplatz up to no. 4;
    d. on Bremer Reihe street from Hansaplatz up to no. 21;
    e. on Ellmenreichstraße street from Hansaplatz up to no. 22a;
    f. on Baumeisterstraße street from Hansaplatz up to no. 17;
    g. on Zimmerpforte street from Hansaplatz up to no. 3;

  22. on Rostocker Straße street from Hansaplatz up to no. 12;
  23. on Brennerstraße street from Hansaplatz up to no. 5;
  24. on Stralsunder Straße street from Hansaplatz up to no. 4;
  25. on Bremer Reihe street from Hansaplatz up to no. 21;
  26. on Ellmenreichstraße street from Hansaplatz up to no. 22a;
  27. on Baumeisterstraße street from Hansaplatz up to no. 17;
  28. on Zimmerpforte street from Hansaplatz up to no. 3;
  29. on Steindamm street from Steintorplatz up to no. 33;
  30. on Harvestehuder Weg street from no. 1a to 78b along the Alster lake banks including the adjacent parks “Alstervorland” and “Eichenpark”, on Krugkoppelbrücke street, on Alsterufer street up to no. 1 including the adjacent parks and lake banks, on Kennedybrücke street including the adjacent parks and lake banks;
  31. along the walkways surrounding the inner Alster lake (Binnenalster), on Jungfernstieg, Lombardsbrücke and Ballindamm streets;
  32. on Jungfernstieg street from no. 1 to 32 including the Alster piers;
  33. on Ballindamm street in front of no. 40, in the area between Ballindamm and Bergstraße streets;
  34. on Landungsbrücken piers 1 to 10 as well as the Überseebrücke pier;
  35. on Bornsteinplatz square;
  36. on Alma-Wartenberg-Platz square, including Bahrenfelder Straße street from no. 135 to 146 and from no. 183 to 188, on Kleine Rainstraße street from no. 3 to 6, on Nöltingstraße street from no. 5 to 12, on Friedensallee street from no. 7 to 14 as well as on Bergiusstraße street up to no. 7;
  37. in Jenischpark.

(2) The police may prohibit the consumption of alcoholic beverages in additional places if violations of these regulations occur in these places or in their immediate vicinity due to collective consumption of alcohol in public. The prohibition shall be appropriately limited in time.

Section 4e (cancelled)

Section 4f Fireworks and Pyrotechnics
(1) The sale and distribution of fireworks and other pyrotechnic articles is prohibited according to section 22 (1) Sprengstoffgesetz (lit. ‘Explosives Act’).

(2) Firing off fireworks and other pyrotechnic articles for public display or in private is prohibited. This also applies to private property, with the exception of pyrotechnic articles of the category F1 according to section 3a (1) 1a Sprengstoffgesetz.

Part 3 General Requirements

Section 5 General Hygiene Requirements
(1) The following requirements for reducing the risk of coronavirus infection (general hygiene requirements) apply to the organisation of events of all kinds and to the operation of establishments, commercial enterprises, business premises, restaurants, hotels or other services open to the public, in particular those listed in these regulations:

  1. all attendants must comply with the physical distancing requirements according to section 3 (2); section 4 (1) sentence 2 applies accordingly;
  2. access for persons must be limited and monitored in such a way that all attendants on the area available are able to maintain the physical distancing requirement according to section 3 (2);
  3. persons experiencing symptoms of a respiratory illness must not enter the premises;
  4. if queues are formed, suitable technical or organisational precautions must be taken to ensure that persons are able to comply with the physical distance requirements according to section 3 (2);
  5. in enclosed spaces, facilities for washing or disinfecting the hands must be provided;
  6. frequently touched surfaces and sanitary facilities must be cleaned regularly;
  7. in enclosed spaces, adequate ventilation must be ensured to reduce the risk of infection.

Compliance with these requirements must be ensured by staff or by suitable technical or organisational measures. Attendants must be reminded of the hygiene requirements by written, spoken or visual notices.

(2) The general occupational health and safety regulations and standards must be implemented for all employees together with the sector-specific arrangements with the accident insurance company unless otherwise arranged for in these regulations. Facility owners must comply with the applicable regulations of the respective trade associations.

(3) Further orders of the responsible authorities remain unaffected.

Section 6 Infection Control Concepts
(1) As far as these regulations require that a concept documented in text form be drafted to avoid the risk of infection with the coronavirus (infection control concept), this concept shall set out suitable staff-related, technical or organisational measures to comply with the requirements according to section 5 (1) and to comply with the requirements which otherwise apply additionally under these regulations for the event, the facility, the business operation, the business premises or the offer.

(2) The person or entity responsible shall take all necessary measures to comply with the infection control concept.

(3) The concept information on its implementation must be presented on request to the responsible authority.

(4) Further obligations to draft hygiene plans in accordance with the Infektionsschutzgesetz (lit. Infection Protection Act) remain unaffected.

Section 7 Collection of Contact Data to Facilitate Tracing Chains of Infection
(1) As far as these regulations require the collection and storage of persons’ contact details to facilitate tracing chains of infection (collection of contact data), the following applies:

  1. the contact details must include the name, address and a telephone number accurately and in full;
  2. the contact details must be recorded in written form, stating the date and time of registration, and kept for four weeks; it must be ensured that no unauthorised third parties have access to the data;
  3. the data must be made available to the responsible authority on request for the purpose of tracing chains of infection or for checking compliance with numbers 1, 2, 4 and 5;
  4. the records of the contact details must be deleted or destroyed after the period of four weeks;
  5. the use of the contact details for purposes other than those mentioned in these regulations and their disclosure to unauthorised third parties is prohibited.

The requirements stated in sentence 1 may be fulfilled by using a suitable application software to record the contact details and the time and date of recording by means of data processing; the software must allow and enable a transmission of the data to the responsible authority for a period of four weeks.

(2) The person or persons responsible for collecting the data must check whether the contact details provided are complete and whether they contain obviously incorrect information. Person who refuse to have their contact details collected or who provide obviously incomplete or incorrect data must be excluded from visiting or using the facility, business premises, restaurant, accommodation or shop, or from participating in the event. Whenever contact details are transmitted to a person collecting the data, the person visiting or participating is required to provide the information completely and truthfully.

Section 8 Obligation to Wear Face Masks
(1) As far as these regulations require persons to wear a face mask, persons are obliged to wear a mask covering their mouth and nose in such a way that the spread of droplets caused by coughing, sneezing or speaking is reduced; the face masks must be designed for this particular purpose; clothes shall not serve as appropriate face masks;; transparent plastic visors are not classified as face masks for the purpose of these regulations. For the obligation to wear a face masks, the following applies:

  1. children under the age of seven are exempt from the obligation to wear a face mask;
  2. persons who carry and are able to present credible proof that wearing a face mask it is impossible, unbearable or unreasonable for them due to a disability or for health reasons are exempt from the obligation to wear a face mask;
  3. removing the face mask is permitted if it is necessary for identification purposes or for communication with people who are hard of hearing;
  4. the obligation to wear a face mask does not apply if there is a suitable technical device equally effective in reducing the spread of droplets by coughing, sneezing or speaking.

(1a) As far as these regulations require persons to wear a medical face mask, subsection (1) applies with the provision that persons above the age of 14 must wear a medical face mask instead of a cloth or cotton face mask. A medical mask shall be a surgical face mask or a protective face mask with a technically higher standard of protection, in particular FFP2. Further information on medical face masks is published at https://www.hamburg.de/corona/masken (German only).

(2) persons who, in opposition to the obligation to wear a face mask, or a medical face mask in accordance with these regulations, refuse to wear a suitable face mask covering their mouth and nose shall be denied entry to the facility or business premises, participation in the event or the use of the service or transport.

(3) Wherever wearing a cloth face mask or a medical face mask in closed rooms is not obligatory according to these regulations, wearing a cloth face mask or a medical face mask in any closed room is highly recommended.

Section 9 General Regulations for Organising Events
(1) Unless stated otherwise in these regulations, events are only allowed outdoors with a maximum number of 100 participants and in closed rooms with a maximum number of 50 if the following requirements are met:

  1. the general hygiene requirements according to section 5 must be complied with;
  2. an infection control concept according to section 6 must be drafted;
  3. the attending persons’ contact details must be collected according to section 7;
  4. there must be a minimum distance of 2,5 metres between the audience and stages or podiums where performances take place;
  5. at all outdoor events, there is an obligation to wear a face mask, and at event in closed rooms, there is the obligation to wear a medical face mask according to section 8, with the provision that speakers may take off their face masks while speaking;
  6. dancing is prohibited for the persons attending.

To sales stalls and catering, sections 13 and 15 apply respectively.

(2) Section 4a (1) remains unaffected.

Section 10 Gatherings
(1) For public and private gatherings (according to Part 8 Basic Law) in the open air and in closed rooms which are not restricted to the persons according to section 3 (2) numbers 1 to 3, the following requirements apply:

  1. notice of open-air gatherings must be given to the responsible authority 48 hours in advance; for urgent open-air gatherings, the notice period shall be 24 hours in advance;
  2. the general hygiene requirements according to section 5 (1) must be met; section 5 (1) numbers 4 to 7 and sentence 3 do not apply to open-air gatherings;
  3. on request by the responsible authority, the organiser of the gathering must draft an infection control concept according to section 6, which must be presented to the responsible authority in the event of a notification,
  4. when holding open-air gatherings, there is an obligation to wear a face mask in accordance with section 8, with the provision that during speeches the person speaking may take off his or her face mask.

The responsible authority or the police working on site may prohibit a gathering according to subsection (1) in order to prevent and contain the coronavirus or impose certain restrictions, in particular with regard to the number of attendants, place, duration and manner of implementation.

(2) Open-air gatherings in the form of parades, unless these are restricted to persons according to section 3 (2) numbers 1 to 3, and gatherings with more than 100 participants in the open air as well as gatherings with more than 50 participants in closed rooms are generally prohibited; in exceptional cases they can be approved by the responsible authority upon application and in compliance with the specifications under assembly law if this is justifiable in terms of the infection protection law; this may be assumed if the gathering takes place in a fixed location and with no more than 200 participants. The approval may be subject to conditions, in particular with regard to the number of attendants, place, duration and manner of holding of implementation.

(3) The police may end an open-air gathering if it is without prior notification according to subsection (1) number 1, if there is a deviation from the information given in the notification, if the gathering fails to comply with the requirements or restrictions specified in subsection (1) or (2), if there is no justifiable exception as specified in subsection (2), or if the conditions for a prohibition according to subsection (1) are met. As soon as a gathering is officially ended, all attendants must leave immediately. The police may exclude from the meeting attendants who, despite being requested to do so, fail to comply with the requirements under subsection (1) or (2), with the hygiene requirements according to section 5 (1) 1, or with the obligation to wear a face mask according to subsection (1) 4.

(5) For the operation of information stands by political parties, non-profit associations and non-governmental organisations in public places, the general hygiene requirements according to section 5 (1) apply. An infection control concept must be drafted according to section 6. The information stands are not permitted if the remaining traffic space is restricted by them in such a way that the distance requirement under section 3 (2) cannot be complied with.

(6) The general hygiene requirements according to section 5 apply to meetings required by law and meetings and gatherings of the organs of associations, foundations, partnerships and corporations and comparable bodies of staff. An infection control concept must be drafted according to section 6. Contact details of the participants must be collected according to section 7.

(7) During meetings in closed rooms, all participants must wear medical face masks in accordance with section 8, with the provision that speakers and lecturers may take off their face masks during speeches and lectures.

Section 10a Obligation to Wear a Face Mask in Public Buildings and in Places of Work and Business, and in Motor Vehicles
(1) In all buildings with public access, there is an obligation to wear a medical face mask in all areas open to the public in accordance with § 8, unless otherwise specified in these regulations. In buildings used by departments and other institutions of the City of Hamburg and their legal persons, all persons attending areas which are publicly accessible must wear medical face masks in accordance with section 8 with the provision that the masks may also be taken off if this is necessary for the fulfilment of sovereign functions. This does not apply to public buildings to which the provisions stated in sections 11 to 34a are applicable. […]

(2) In all workplaces and offices which are not open to the public, as well as other areas used for the performance of jobs, there is an obligation to wear a medical face mask in closed rooms in accordance with section 8. The mask may only be removed if there is only one person present in a closed room, or if there are suitable physical means to prevent droplets from spreading through coughing, sneezing or speaking. The face mask may also be removed if this is absolutely necessary for the performance of the job.

(2a) In motorised vehicles which are not part of the public transport system according to section 2 (3), the obligation to wear a medical face mask according to section 8 applies to all persons present except for the person driving the vehicle. This obligation does not apply

  1. if all persons present in the motorised vehicle belong to the same household according to section 2 (2); or
  2. between persons with a custody or contact relationship governed by family law.

The regulations according to section 12 (public transport), section 19 (3) (driving lessons) and section 32 (4) (day care facilities) remain unaffected.

(3) Further legal requirements in the field of professional safety shall remain unaffected.

Section 10b Obligation to Wear Face Masks in Certain Streets, Squares and Areas
(1) On the following public streets, squares and areas, wearing a face mask in accordance with section 8 is obligatory for all persons present:

  1. on Steindamm street (St. Georg), from no. 33 down to the Steintorplatz square, daily from 8 a.m. to 10 p.m.
  2. on Stralsunder Straße street (St. Georg), daily from 8 a.m. to 10 p.m.
  3. on Steintorplatz square (St. Georg, main station), including the neighbouring pathways, streets and squares: in front of the Museum für Kunst und Gewerbe, in front of the central bus station, and in front of the main station, daily from 8 a.m. to 10 p.m.
  4. on Ballindamm street (Neustadt/Jungfernstieg), around building no. 40 up to the corner Ballindamm/Bergstraße, daily from 10 a.m. to 8 p.m.
  5. on Große Freiheit street (St. Pauli), from no. 1 to 47, on Friday, Saturday and holiday nights, and on the nights before holidays, from 6 to 4 a.m. the following morning,
  6. on Hamburger Berg street (St. Pauli), from no. 1 to 39, on Friday, Saturday and holiday nights, and on nights before holidays, from 6 to 4 a.m. the following morning,
  7. on Talstraße street (St. Pauli), from no. 1 to 36, on Friday, Saturday and holiday nights, and on the nights before holidays, from 6 to 4 a.m. the following morning,
  8. on Hans-Albers-Platz square (St. Pauli), including the section of Friedrichstraße street skirting Hans-Albers-Platz, on Friday, Saturday and holiday nights, and on the nights before holidays, from 6 to 4 a.m. the following morning,
  9. on Reeperbahn street (St. Pauli), including the neighbouring squares Nobistor and Spielbudenplatz, and the Spielbudenplatz street, on Friday, Saturday and holiday nights, and on the nights before holidays, from 6 to 4 a.m. the following morning,
  10. on Schulterblatt street (Sternschanze), on the square (‘Piazza’) between Susannenstraße and Rosenhofstraße, on Friday, Saturday and holiday nights, and on the nights before holidays, from 6 to 4 a.m. the following morning,
  11. on Alma-Wartenberg-Platz square (Ottensen), including the neighbouring streets Bahrenfelder Straße, Kleine Rainstraße, Nöltingstraße, Friedensallee and Bergiusstraße, on Friday and Saturday nights from 6 to 4 a.m. the following morning,
  12. on Hohenesch street (Ottensen), including the neighbouring houses on Bahrenfelder Straße street, on Friday and Saturday nights from 6 to 4 a.m. the following morning,
  13. (cancelled)
  14. (cancelled)
  15. on Ottensener Hauptstraße from no. 2 to 27, Monday to Saturday from 10 a.m. to 8 p.m.
  16. (cancelled)
  17. in the area directly surrounding Altona station, Monday to Saturday from 8 a.m. to 10 p.m.
  18. on Kirchenallee street between Steintorplatz square, Ernst-Merck-Straße, Hachmannplatz square and Heidi-Kabel-Platz square, daily from 8 a.m. to 10 p.m.
  19. on Heidi-Kabel-Platz square, daily from 8 a.m. to 10 p.m.
  20. on Hachmannplatz square, daily from 8 a.m. to 10 p.m.
  21. on Steintordamm street between Steintorplatz and Steintorwall, daily from 8 a.m. to 10  p.m.
  22. on Steintorwall street between Mönckebergstraße and Georgsplatz / Ernst-Merck-Straße, Monday to Saturday from 10 a.m. to 8 p.m.
  23. on Mönckebergstraße street between no. 1 and 31, between Glockengießerwall / Steintorwall and Rathausmarkt square including the Hauptbahnhof tunnel, Monday to Saturday from 10 a.m. to 8 p.m.
  24. on Spitaler Straße street between Steintorwall and Mönckebergstraße, Monday to Saturday from 10 a.m. to 8 p.m.
  25. on Barkhof street between Spitalerstraße and Mönckebergstraße, Monday to Saturday from 10 a.m. to 8 p.m.
  26. on Gerhart-Hauptmann-Platz square between Mönckebergstraße and Rosenstraße resp. Kleine Rosenstraße, Monday to Saturday from 10 a.m. to 8 p.m.
  27. on Ida-Ehre-Platz square between Mönckebergstraße and Steinstraße, Monday to Saturday from 10 a.m. to 8 p.m.
  28. on Lange Mühren street between Spitalerstraße and Mönckebergstraße, Monday to Saturday, from 10 a.m. to 8 p.m.
  29. Bergstraße street no. 9 to 28 between Ballindamm and Mönckebergstraße, Monday to Saturday from 10 a.m. to 8 p.m.
  30. on Neumühlen street (Altona) from Kaistraße/Große Elbstraße to the west along the Elbe river up to and including Övelgönne pathway, including the adjacent river walks and piers
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  31. on An der Alster and Ferdinandstor streets from Schwanenwik up to and including the Kennedybrücke bridge, including the walks and banks along the Alster lake
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  32. along Schwanenwik, Schöne Aussicht and Fährhausstraße streets up to and including Bellevue street
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  33. on Krugkoppelbrücke bridge, along Fernsicht and Leinpfad streets up to and including Bellevue street and Sierichstraße up to no. 4, including the adjacent parks and banks
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  34. on Mühlenkamp street (Winterhude), between the corners of Körnerstraße and Gertigstraße
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  35. on Harvestehuder Weg and Alsterufer streets between Krugkoppelbrücke and Kennedybrücke bridges, including the adjacent parks and banks
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  36. along the walks and banks surrounding the inner Alster lake (Binnenalster) including Jungfernstieg, Lombardsbrücke and Ballindamm streets
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  37. on Jungfernstieg street including the Alster piers
    Saturday, Sunday and on holidays, from 10 a.m. to 8 p.m.
  38. in Öjendorfer Park (Billstedt)
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  39. in Außenmühlenteich park (Harburg)
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  40. along the Elbpromenade river walk and quayside (St. Pauli), including the Landungsbrücken 1 to 10 and other piers
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  41. in Kleine Wallanlagen park
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  42. in Große Wallanlagen park
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  43. in Planten un Blomen botanical gardens and park
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  44. in Antonipark (Park Fiction) and Schauermannspark
    Saturday, Sunday and on holidays, from 10 a.m. to 12 a.m. (midnight),
  45. in Altonaer Balkon park
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  46. in Fischers Park (Altona)
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  47. in the Stadtpark city park
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  48. on the Elbstrand beach and riverside walks
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  49. in Jenischpark (Othmarschen)
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  50. along Strandweg and Falkensteiner Weg streets and riverside walk (Blankenese)
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  51. on Falkensteiner Ufer street (Blankenese)
    Saturday, Sunday and on holidays, from 10 a.m. to 6 p.m.
  52. on Goldbekufer street between Barmbeker Straße and Goldbekplatz square
    Saturday, from 8 a.m. to 3 p.m.
  53. on Geibelstraße street between Semperstraße and Goldbekufer
    Saturday from 8 a.m. to 3 p.m.
  54. on Forsmannstraße street between Semperstraße and Goldbekufer
    Saturday from 8 a.m. to 3 p.m.
  55. on Goldbekplatz square
    Saturday from 8 a.m. to 3 p.m.
  56. on Moorfurthweg street
    Saturday from 8 a.m. to 3 p.m.

Persons driving or riding in or on vehicles who are crossing the areas stated above while keeping to the designated street or bike lane are exempt from the obligation to wear a face mask.

(1a) On public streets, squares and areas, in public parks and recreational areas, and in all other public areas, an obligation to wear a face mask applies if the persons present cannot maintain a minimum distance of 1.5 metres to all persons other than those stated in section 3 (2). For public and private playgrounds, the requirements of section 20 (6) shall apply exclusively. Other orders concerning the obligation to wear a face mask in these regulations shall remain unaffected.

(2) In individual cases, the police may order a spatially limited obligation to wear a face mask according to section 8 on public streets, squares or areas if this is necessary for reasons of infection control; this is particularly the case if the physical distancing requirements according to section 3 are not complied with by a considerable number of persons present or cannot be complied with due to the spatial conditions or the number of persons present. This order shall be limited to a maximum of 12 hours.

Section 10c Obligation to Wear a Face Mask While Performing Health Services
(1) While performing health care treatments where the minimum distance of 1.5 metres cannot be maintained, the persons exercising health care professions and the patients must wear a medical face mask according to section 8; the exceptions under section 8 (1) apply accordingly. The face mask may be temporarily removed if this is absolutely necessary for the performance of the treatment or other services.

(2) The provisions of sections 30 to 32 remain unaffected.

Section 10d Testing and Testing Procedures
For the purpose of these regulations, testing comprises procedures carried out in order to test for direct pathogen detection of the SARS-CoV-2 coronavirus by means of molecular-biological testing (PCR test) or a PoC antigen test (antigen rapid test). All tests must be validated for official use by CE certificate or special certification by similar standard. Testing in each individual case must fulfil the applicable requirements of the Robert Koch Institute. Antigen rapid tests must fulfil the minimum requirements of the Paul Ehrlich Institute in consultation with the Robert Koch Institute. See the website of the Bundesministerium für Arzneimittel und Medizinprodukte (lit., Federal Ministry of Drugs and Medication) for a continued list of valid products for testing. PCR testing must be carried out by medically trained staff and evaluated by a licensed laboratory.

Section 10e Business-Specific Testing Concepts
(1) If in these regulations a business-specific testing concept is required, the following specifications apply:

  1. the owner of the business must include in the infection control concept of the business according to section 6 a concept for testing their employees for direct pathogen detection of the SARS CoV-2 coronavirus, in which weekly testing of the employees by means of an antigen rapid test or PCR test according to section 10d must be provided (business testing concept);
  2. the tests and their results must be documented in written or electronic form (test log).

(2) The test log must be presented on request to the responsible authority.

(3) The data recorded in the test log must not be used for other purposes than those stated in these regulations or made available to unauthorised third parties. The data recorded in the test log must be deleted or destroyed after the period of four weeks.

(4) Persons with valid proof of vaccination according to section 2 (5) or proof of recovery according to section 2 (6) are exempt from business-specific testing according to subsection (1); this does not apply to persons who show symptoms typical of an infection with COVID-19 or who have tested positive for the SARS-CoV-2 coronavirus.

Section 10f Testing Concepts in Certain Social Facilities
(1) For the following institutions or businesses, drafting an institution- or business-specific concept for testing persons for direct pathogen detection of the SARS-CoV-2 coronavirus is mandatory:

  1. institutions according to section 23 (3) 1 to 4 Infektionsschutzgesetz, prevention and rehabilitation facilities; this also applies if the respective facilities do not offer medical treatment comparable to that of hospitals;
  2. institutions and businesses according to section 23 (3) 11 Infektionsschutzgesetz or section 36 (1) 7 Infektionsschutzgesetz;
  3. facilities according to section 36 (1) 2 and 3 Infektionsschutzgesetz;
  4. mobile teams for integration support.

(2) The testing concept must be in accordance with the requirements of the Coronavirus-Testverordnung, with respect to the produce and scope of testing. It must be made available to the responsible authority on request.

Section 10g Obligations upon Testing Positive
(1) Persons who, in direct pathogen detection by means of PCR testing, have tested positive for the SARS-CoV-2 coronavirus must report to the responsible health office and, while waiting for an official decision by the health office, they must go immediately and directly to their primary or secondary place of residence or other accommodation suitable for temporary isolation (temporary isolation). Individual orders of the health office shall have priority over these regulations.

(2) Persons who, in direct pathogen detection, have tested positive for the SARS-CoV-2 coronavirus by means of antigen rapid testing are obliged to

  1. undergo PCR testing immediately; and
  2. while waiting for the test results, go immediately and directly to their primary or secondary place of residence or other accommodation suitable for temporary isolation.

Persons testing positive by means of PCR testing must report to the responsible health office immediately and continue the temporary isolation until a decision is made by the responsible health office. Individual orders of the responsible health office shall have priority over these regulations. For persons testing negative by means of PCR testing, the obligation to undergo temporary isolation shall terminate.

(3) The orders according to part 8 shall have priority over the rules according to subsections (1) and (2).

Section 10h Testing Negative for Public Facilities, Businesses and Activities
(1) For these regulations, whenever testing negative for the SARS-CoV-coronavirus by means of direct pathogen detection is mandatory in order for all clients, customers or visitors to access events, public facilities, businesses, sales areas, cafés, bars and restaurants, accommodation, or any other publicly accessible institutions, or make use of service offers, the following applies:

  1. only a negative test result by means of PCR testing or antigen rapid testing carried out by service providers as stated in section 6 (1) Corona-Testverordnung shall be considered as sufficient test evidence; testing serving as a basis of the test result must have been carried out no more than 48 hours (PCR testing) or no more than 12 hours (antigen rapid testing), respectively, prior to entering or using any such public facility or service; the test result must be made accessible in written or electronic form;
  2. additionally, an antigen rapid test shall also suffice as a valid test result if it is carried out on site immediately before entering or using any such public facility or service; the rapid testing must be carried out by professionally trained persons or under the supervision of professionally trained persons;
  3. the facility owner or organiser of the activity must record evidence of the testing by the clients, customers or visitors in written or electronic form along with the contact details according to section 7; for the collection of the evidence, the provisions according to section 7 (1) 2 to 5 apply accordingly.

Otherwise, the provisions of section 10d apply. Unless specified otherwise in these regulations, children under the age of six are exempt from the requirement to undergo testing.

(2) For the purpose of these regulations, providing valid proof of vaccination according to section 2 (5) or proof of recovery according to section 2 (6) shall be equivalent to testing negative.

(3) The use of a negative test result according to subsection (1), or proof of vaccination or recovery according to section 2, by persons who show symptoms typical of an infection with COVID-19 is not permitted. The use of proof of vaccination or recovery according to section 2, by persons who have tested positive for a current infection with the SARS-CoV-2 coronavirus.

Section 10i Testing Records for Businesses

(1) If employers offer testing for the SARS-CoV-2 coronavirus to their employees in accordance with section 10d, employers who are required to appoint safety staff are entitled to issue test certificates for antigen rapid tests according to section 10d and according to the following specifications which shall count as test certificates according to section 10h (1) 1:

  1. the certificate may only be issued by representatives who have been specifically trained in antigen rapid testing and have been registered as such at the responsible health office;
  2. the testing upon which the certificate is based must have been carried out under the supervision of such a representative;
  3. the testing must be documented in written or electronic from (testing log) stating the personal information; the testing log must be presented on request to the responsible authority;
  4. the testing certificate must contain at least the following information:
    a. the full name, address, telephone number and date of birth of the person tested;
    b. the testing time and date;
    c. the specific name of the test and the producing company;
    d. the test result;
    e. the full name and address of the business;
    f. the full name of the representative for testing in the business;
    g. confirmation that the underlying testing method has been carried out according to the specifications of number 2;
  5. the representative must record a copy of the certificate in written or electronic form and present it on request to the responsible authority;
  6. the form handed out by the responsible authority must be used for issuing the certificate;
  7. the employer and the representative commit themselves in a written declaration to comply with the requirements above (declaration of voluntary commitment), which must be stored and presented on request to the responsible authority.

(2) Using the records in the testing log as stated in subsection (1) 3 or the written or electronic records as stated in subsection 1 (5) for purposes other than those referred to in these regulations as well as disclosing them to unauthorised third parties is prohibited. The records in the testing log must be deleted or destroyed after a period of four weeks.

Section 10j (cancelled)

Part 4 Requirements Specific of Location

Section 11 Religious Events and Funeral Services
(1) For religious events or gatherings in churches, mosques or synagogues, for religious events or gatherings in religious meeting places of other denominations or ideological communities as well as for corresponding open-air events, the general hygiene requirements according to section 5 apply. An infection control concept must be drafted according to section 6. Section 9 does not apply. In closed rooms, all persons present must wear a medical face mask in accordance with section 8, with the provision that performers may take off their face masks during the performance of liturgical or other comparable acts. Collective singing in the congregation is prohibited. The protection concept must provide that gatherings for which large numbers of visitors are expected which could exceed the capacity, taking into account the distance requirement, may only be held on prior registration of participants and access control. Events or gatherings with more than ten persons must be registered with the responsible authority two days in advance; this does not apply if the respective religious or ideological community does not deviate from the official agreement on the hygiene concepts with the Senatskanzlei.

(2) For funerals and funeral services in cemeteries and funeral homes, the requirements of subsection (1) sentences 1 to 6 apply. The contact details of the persons present must be collected in accordance with section 7.

Section 12 Public Transport
Persons using public transport facilities according to section 2 (3) must wear a medical face mask of FFP2 or similar standard according to section 28b (1) 9 and (9) IfSG. If public passenger transport is carried out in passenger cars, driving staff must wear a medical face mask according to section 8. The physical distancing requirements according to section 3 (2) apply unless restricted by the spatial conditions. Persons experiencing symptoms of a respiratory illness must not enter the facility; this does not apply to rescue services. Otherwise, section 5 shall not apply. Operators of public transport vehicles and facilities must remind their passengers to comply with the requirements in individual cases by means of written or spoken notices or pictures, and verbal warnings in the event of refusal to comply. Staff are also entitled to deny transport to persons refusing to comply with the requirements; taxi drivers and staff of similar means of transport are obliged to deny transport to any such person. For transport conducted by coach services, contact details must be collected according to section 7; this does not apply to school buses.

Section 13 Retail Shops and Markets
(1) If open to public access according to section 4c, on all premises of retail businesses, shops of service or craft enterprises, pharmacies, medical supply stores, banks as well as pawnshops and at their public auctions as well as other auctions, in post offices, in wholesale, at travelling warehouses, at trade fairs and exhibitions, and at weekly markets, the general hygiene requirements according to section 5 and the obligation to wear a medical face mask according to section 8 apply to all persons present. The obligation to wear a medical face mask according to 8 also applies in queues and crowds of people in front of the entrances to the facilities mentioned in the previous sentence as well as on the outdoor premises and parking lots.  Smoking areas for employees may be set up on outdoor areas. Section 9 does not apply.

(2) On traffic areas open to the public in shopping centres or indicated shopping streets, all persons present must wear a medical face mask according to section 8. Open sales stalls are not permitted if restricting the remaining traffic space or the physical distance requirements according to section 3 (2). For facilities in gastronomy, section 15 applies accordingly.

(2a) Public access must be monitored by suitable technical or organisational measures in such a way that the number of clients present must be limited as follows:

  1. shops with a service area of up to 800 square metres are limited to one client per 20 square metres of the service area;
  2. shops with a service area of more than 800 square metres are limited to 40 clients, plus one additional client per 40 extra square metres of the service area.

Shopping centres and malls, the total sales area applies. Facilities with less than 10 square metres of area open to public access may grant access to one customer plus any necessary accompanying person according to section 4 (1) 8. The obligation to limit public access does not apply to operators of sales stalls at regular outdoor markets.

(3) Offering food samples for direct consumption and presenting unpackaged cosmetics in the form of testers are prohibited.

(4) The sale and distribution of alcoholic beverages is prohibited from 10 p.m. to 6 a.m. the following morning. The sale and distribution of alcoholic beverages for immediate consumption is prohibited all day, in particular the sale and distribution of beverages in glasses, cups, mugs or disposable containers. This does not apply to appropriately sealed bottles, cans and packs. The police may prohibit the sale and distribution of alcoholic beverages in certain places at further times if violations of these regulations occur in these places or in their immediate vicinity due to collective alcohol consumption in public places. The ban shall be limited appropriately.

Section 14 Body Care and Hygiene Services

Body care services (beauty studios, massage parlours, tattoo studios, and similar facilities) are prohibited; this does not apply to hairdressing services and podiatry; for these, the following rules shall apply:

  1. the general hygiene requirements according to section 5 must be met;
  2. an infection control concept according to section 6 must be drafted;
  3. contact details must be collected according to section 7;
  4. all services may only be provided upon arrangement with individual appointment;
  5. for all persons present in closed rooms, the obligation to wear a medical face mask of FFP2 or similar standard according to section 28b (1) 8 and (9) IfSG applies;
  6. the infection control concept according to section 6 must contain a business-specific concept for testing for the SARS-CoV-2 coronavirus according to section 10e,
  7. all services may only be provided after the client can present evidence of testing negative for the SARS-CoV-2 coronavirus according to section 10h.

Section 14a (cancelled)

Section 15 Restaurants and Similar Catering Facilities
(1) The operation of restaurants is prohibited. This applies to all establishments supplying food for consumption on the premises.

(2) The prohibition as stated in subsection (1) does not apply to cafeterias in medical, nursing or care facilities which are not open to public access. Accommodation complexes for service staff are not considered nursing or care facilities. This prohibition does also not apply to catering in accommodation which are exclusive to the persons accommodated. Opening catering services to the general public is not permitted. Also excluded from the prohibition stated in subsection (1) are services necessary to care for persons experiencing homelessness. Notwithstanding subsection (1), establishments at Autobahn service stations which provide catering services are permitted to cater for long-distance coach drivers and long-distance lorry drivers who, for professional reasons, transport goods by road and who can prove this by an employer's statement.

(2a) The prohibition as stated in subsection (1) does not apply to staff restaurants and canteens which are not open to public access if their operation is absolutely necessary for the maintenance of work processes or the operation of the institution, in particular if it is not possible to take meals individually in separate rooms. The sale of take-away food and beverages shall remain permitted in accordance with subsection 3.

(3) The prohibition as stated in subsection (1) does not apply to food delivery services and to catering facilities offering food pick-up services; food and drink collected for take away may not be consumed on site. The sale and distribution of alcoholic beverages for immediate consumption is prohibited, in particular the sale and distribution of beverages in glasses, cups, mugs or disposable containers. This does not apply to appropriately sealed bottles, cans and packs. The sale of food for take-away is prohibited between 9 p.m. and 5 a.m. the following morning; the delivery of food and beverages shall stay permitted.

(4) For the operation of restaurants, including staff restaurants, canteens and cafeterias according to subsections (2), (2a) and (3), and catering in the context of accommodation, the following requirements apply:

  1. the general hygiene requirements according to section 5 apply;
  2. contact details must be collected according to section 7;
  3. seating or standing areas for guests must be arranged in such a way that a physical distance of at least 1.5 metres can be maintained between guests subject to the physical distance requirements according to section 3 (2) if there are no suitable partition walls;
  4. (cancelled)
  5. in closed rooms, all persons present must wear a medical face mask in accordance with section 8, with the provision that guests may take off their face masks while seated; the owner of the facility must ensure that the employees comply with the obligation to wear a medical face mask in accordance with section 8; the obligation to wear a medical face mask in accordance with section 8 applies also to persons waiting in lines or queues as well as gatherings of persons at entrance areas, outside premises and parking lots.
  6. arrangements that encourage dancing, in particular loud music and accent or effect lighting, may not be made;
  7. (cancelled)
  8. the serving of alcoholic beverages is prohibited from 9 p.m. to 10 a.m. the following morning.

Number 2 does not apply to the sale of food and beverages for take-away as well as in dining areas of medical, nursing or care facilities, or in non-public canteens.

(5) Subsection (1) also applies to the club or public rooms of associations, in particular of sports, cultural and local heritage associations, respectively.

(6) Section 13 (4) applies accordingly.

Section 16 Accommodation
(1) Accommodation in hotels, holiday homes, on campsites or in similar establishments may only be provided for the following purposes:

  1. stays for professional purposes;
  2. stays for medical purposes;
  3. stays for urgently necessary social or ethical purposes.
  4. (cancelled)

Before concluding a contract, the owner must inquire about the purpose of accommodating the guest and document this together with their personal data.

(2) When providing overnight accommodation in accordance with subsection (1) in hotels, holiday homes, on campsites or in other facilities, the following requirements must be met:

1. the general hygiene requirements according to section 5 apply;

2. contact details must be collected according to section 7;

2a. in closed rooms, with the exception of the personal guest area and the area referred to in No. 3, all persons present must wear a face mask in accordance with section 8, with the provision that the face masks may be taken off while seated;

3. (cancelled)

4. dormitories must not be provided for more than 4 persons;

5. (cancelled)

(3) Living spaces in residential buildings must not be let to tourists.

(4) Companies which provide or arrange for collective accommodation for workers employed by them or to workers working on their premises, and companies which have knowledge of such accommodation, must inform the responsible authority without delay of the location of such accommodation, the number of persons accommodated there and the intended period of accommodation. This also applies to persons who provide collective accommodation for seasonal workers or those working on construction sites. The requirements stated above only apply if the collective accommodation or the construction site is located within the boundaries of the City of Hamburg or if the seasonal work is carried out there. In collective accommodation for seasonal workers or workers on building sites, the provisions of subsection (2) apply accordingly. Only persons belonging to the same work unit may be accommodated in the same dormitory of a collective accommodation facility.

(5) (cancelled)

Section 17 Facilities for Leisure Activities
(1) (cancelled)

(2) (cancelled)

(3) If the epidemiological situation deteriorates after the date of approval of the operators’ infection control concept to such an extent that the implementation or continuation of the funfair is no longer justifiable with regard to infection control, the authority responsible for economic affairs may cancel the implementation or continuation. In this case, compensation or damage claims of the parties involved are excluded.

(4) If the epidemiological situation deteriorates after the date of approval of the infection control concept of the Christmas or winter markets to such an extent that the implementation or continuation is no longer justifiable with regard to infection control, the responsible authority may impose restrictions in addition to the approved concept, in particular restrictions to or the prohibition of the sale of alcohol, or prohibit the implementation or continuation of the market. In this case, compensation or damage claims of the parties involved are excluded.

Section 18 Cultural Facilities

(1) (cancelled)

(2) For the operation of libraries, archives and community cultural centres and libraries, the general hygiene regulations according to section 5 apply; section 4a (1) remains unaffected. In closed rooms, all persons present must wear a medical face mask in accordance with section 8, with the provision that persons present may take off their face masks while seated or during physical activity, and persons performing may take off their face masks during performances, announcements or lectures. A minimum physical distance of 2.5 metres must be maintained between the audience and stages or podiums on which performances take place. Sections 13 and 15 apply respectively accordingly to retail facilities and restaurants located on the premises. For courses and counselling programme as well as rentals to associations and groups in community cultural centres, section 19 applies.

(3) For the operation of outdoor areas in zoos and botanical gardens, the following requirements apply:

  1. the general hygiene requirements according to section 5 apply;
  2. an infection control concept must be drafted according to section 6;
  3. contact details must be collected according to section 7;
  4. all persons present in closed rooms must wear a medical face mask according to section 8; in all outdoor areas, an obligation to wear a face mask applies on Saturdays, Sundays and on holidays from 10 a.m. to 6 p.m.;
  5. in order to visit or use the respective facilities, an arrangement for a specific appointment for an individual time slot must be made by way of telecommunication;
  6. guided group tours may only be offered to persons as stated in section 3 (2);
  7. entrance may only be granted to persons who have tested negative for COVID-19 according to section 10h.

(4) For the operation of museums, memorial sites, galleries, exhibition halls, libraries and archives, the following requirements apply:

  1. the general hygiene requirements according to section 5 apply;
  2. an infection control concept must be drafted according to section 6;
  3. contact details must be collected according to section 7;
  4. all persons present in closed rooms must wear a medical face mask according to section 8;
  5. guided group tours may only be offered to persons as stated in section 3 (2);
  6. entrance may only be granted to persons who have tested negative for COVID-19 according to section 10h;
  7. for the access of person to closed rooms, the requirements of section 13 (2a) apply accordingly.

For libraries which are only open for ordering and picking up media, the requirements of numbers 3, 6 and 7 do not apply.

Section 19 Educational and Training Facilities, Driving Classes
(1) For the operation of state and private educational and training facilities, for offers of vocational training and for the operation of institutions of initial orientation, integration, language and professional language course providers, the following requirements apply:

1. the general hygiene requirements according to section 5 apply;

2. contact details must be collected according to section 7;

3. an infection protection concept must be drafted according to section 6;

3a. in closed rooms, all persons present must wear face masks in accordance with section 8, with the provision that persons performing or lecturing may take off their face masks while performing or lecturing;

4. participants must not be mixed between study groups and all activities involving more than one study group must be cancelled; this does not apply to examination procedures;

5. study breaks must take place in the form that different study groups enter common rooms or common areas at different times.

The offering and implementation of leisure and hobby activities are prohibited. All other activities must generally be offered in distance education. In-class teaching of vocational qualification or further training, including language, integration and initial orientation courses, shall only be permitted if this is absolutely necessary to achieve the training or learning objectives; this applies in particular to examinations.

(2) Artistic and musical trainings at music schools, choirs, dance schools, providers of artistic education, such as ballet schools and children's drama schools, as well as independent artistic teachers, even if they work in changing locations may only be provided for professional or vocational training. The requirements of subsection (1) apply with the provision that the face masks may be removed while playing music or during physical activity if this is absolutely necessary. Whenever such indoor activities can be expected to involve increased emissions of breath, especially when dancing, doing ballet, singing or playing wind instruments, the persons involved must maintain a minimum physical distance of 2.5 metres between one another.

(2a) For children and young adults, extracurricular trainings, especially musical or artistic trainings, are permitted in individual classes or in groups of no more than five children or young adults. The requirements of subsection (1) apply, with the provision that the face masks may be removed while playing music or during physical activity if this is absolutely necessary. The infection control concept according to section 6 must contain a testing concept in accordance with section 10e.

(2b) The authority responsible for issuing professional and vocational training certificates may make participation in examinations depend on a negative test result according to section 10h; the authority checking compliance with this testing may make provisions that in the case of PCR testing, the test result may not be older than 24 hours or testing must have been completed within the same day.

(3) Driving theory lessons are only allowed in digital form. Diving practice lessons are only allowed for professional and business-specific training, for motorised bicycles, as well as for training which has already commenced and are about to be concluded by the driving practice test. For the operation of driving practice lessons for the acquisition of driving licences, the general hygiene requirements according to section 5 as well as the obligation to collect contact details according to section 7 apply. The operator must draft an infection protection concept according to section 6. During practical driving lessons, all persons in closed vehicles must wear a medical face mask in accordance with section 8. The requirements of sentences 3 and 4 apply accordingly to training on driver practise courses; persons in closed vehicles must wear medical face masks according to section 10a (2a). The requirements of sentences 1 to 5 shall apply accordingly to flight training schools.

Section 20 Temporary Restrictions on Sports; Playgrounds
(1) Sport activities on and in all public and private sports grounds and swimming in public and private swimming pools are prohibited. This applies to both outdoor and indoor sports grounds (e.g. football and tennis halls, shooting ranges). Rehabilitation sports for medical purposes remain permitted. Sports activities as part of school, academic or vocational training, sports practice in law enforcement institutions including juvenile detention, as well as sports practice required by official regulations as part of the civil service remain permitted. The respective authorities may impose restrictions.

(2) Notwithstanding subsection (1), the practice of sport without contact alone, in pairs or with members of the same household (according to section 3 (2) 1) is permitted on and in all public and private outdoor sports grounds, as well as for a maximum number of 10 children under the age of 14; the physical distancing requirements according to section 3 (2) does not apply. Supervisors must be able to present a negative test for COVID-19 no request to the responsible authorities. Practising sports with domestic animals is also permitted, including in halls, insofar as this is absolutely necessary in terms of animal welfare. In the cases of these exceptions, the following provisions apply:

  1. the general hygiene requirements according to section 5 apply;
  2. on private sports grounds, contact details must be collected according to section 7;
  3. changing rooms and showers in and on sports grounds may not be used; toilets may be opened and made available provided that the minimum physical distancing and general hygiene requirements are complied with.

(3) Rehabilitation sport for medical purposes remains permitted; the following requirements apply:

  1. the general hygiene requirements according to section 5 apply;
  2. contact details must be collected according to section 7.
  3. group activities in rehabilitation sport are permitted with no more than 10 persons at a time;
  4. an infection control concept must be drafted according to section 6;
  5. for performing indoor sports, a minimum physical distance of 2.5 metres applies.

(4) Notwithstanding subsection (1), trainings and competitions for professional athletes and for athletes of Olympic and Paralympic sports at federal, state or Olympic training centres are permitted. Section 3 (2) does not apply. Public audiences are not allowed at trainings and competitions.

(5) For matches and trainings of the 1st and 2nd Bundesliga, the provider must ensure that the infection control concept of the Deutsche Fußball Liga GmbH is fully implemented. Providers must ensure that no gatherings of fans take place in the vicinity of the stadiums. Other professional sports competitions and league matches may be approved by the responsible authority upon application in specially justified cases. For this purpose, providers must present an infection control concept that meets the requirements referred to above. The authority responsible for sports may issue further infection control orders.

(6) Public and private playgrounds may be used by children under seven years of age only under the supervision of a person who is entitled to care for or supervise them. Between persons entitled to custody or supervision as well as for children from the age of fourteen years, the physical distance requirements according to section 3 (2) apply; compliance with the physical distance requirements by children under fourteen years of age is recommended. For persons present who are entitled to custody and supervision, and for persons aged 14 or older, the obligation to wear a face mask according to section 8 applies if these persons cannot maintain a minimum distance to persons other than those referred to in section 3 (2), sentence 2. This does not apply if and for as long as all persons present on the playground fall under the categories stated in section 3 (2), sentence 2.

Section 21 (cancelled)

Part 5 Regulations for Universities, Examinations, Schools, Nursing and Day Care Centres, and Social Institutions

Section 22 Universities and Examinations
(1) The general hygiene requirements according to section 5 apply to the operation of universities. An infection control concept must be drafted according to section 6.In closed rooms, all persons present must wear face masks in accordance with section 8, with the provision that teaching staff and other lecturing persons may take off their face masks while teaching or lecturing. The operation of the Studienkolleg Hamburg is restricted according to section 23 (3).

(2) Teaching at state universities generally takes place in digital form, unless the simultaneous presence of teacher and students is absolutely necessary for classes, as for example laboratory activities, practical and artistic training periods or examinations.

(2a) Wherever presence is necessary for examinations of higher education, the authority responsible for the examination may, within the framework of an infection control concept according to section 6, issue the following orders for the persons present:

  1. all persons present must wear a medical face mask according to section 8 for the entire duration of the examination; this applies in particular to all students which are being examined even while they are seated;
  2. participation in the examination may only be granted if the person which is to be examined has tested negative for the SARS-CoV-2 coronavirus according to section 10h; the authority responsible for the examination may also make provisions that in the case of PCR-testing, the test result may not be older than 24 hours or testing must have been completed within the same day.

The infection control concept may also contain provisions that make testing of the participants for the SARS-CoV-2 coronavirus mandatory for participation in curricular activities that take place in compulsory attendance.

(3) The general hygiene regulations according to section 5 apply to classroom training in higher education at the Hamburg Police Academy, and a protection concept must be drafted in accordance with section 6. In addition, the infection control concept may contain deviations from the training and examination regulations, provided that the training objectives are not jeopardised by these deviations. Deviations from section 5 (1) 1 are possible if training or examination objectives are otherwise endangered and if there are suitable compensation measures in the  infection control concept according to section 6. Section 4 (1) 3 and section 19 do not apply to the training.

Section 23 Schools

(1) The general hygiene requirements according to section 5 apply to the operation of schools. The authority responsible for schools must publish a model hygiene concept for schools, within the framework of which a hygiene concept must be drafted for each individual school according to the Infektionsschutzgesetz. This model hygiene concept may effect that

  1. compulsory attendance may be suspended and substituted by other curricular activities;
  2. an obligation to wear (medical) face masks may be issued;
  3. testing for the SARS-CoV-2 coronavirus according to section 10d may be made obligatory and participation in curricular activities and the right to access the school premises may be subject to a negative test result; students are allowed to exercise testing themselves under the supervision of school staff; in the case of a positive test result, the schools may process personal data of the person affected if this is necessary for the purposes of infection control; all personal data must be deleted as soon as they are not necessary for reaching this purpose any longer, and may not be kept for longer than two weeks after testing; in the interest of any person affected, technical means must be ensured to guarantee the person’s right of data protection; any person participating in this progress must be educated in this respect; personal data must not be used for other purposes than those stated in these regulations.

Persons failing to comply with this model hygiene concept shall be expelled from the school premises by the school administration and excluded from school events outside the school premises. This does not apply in individual cases if compliance with the model hygiene concept would constitute a particular personal hardship. The circumstances of such a case of hardship must be explained in a comprehensible way. When students stay on the school premises, during lessons and student support as well as during school events with students at other locations, efforts must be made to ensure that the physical distancing requirements are observed, as far as this is compatible with the fulfilment of the educational and didactic task, and as far as the spatial conditions allow.

(2) Lessons must be organised in such a way that

  1. students of different grades are not mixed and that all cross-grade activities are omitted; this does not apply to examination procedures, provided that they meet the requirements of subsection (1), and to school celebrations; notwithstanding subsection (1), these are subject to the physical distancing requirements according to section 3 (2);
  2. primary school students with a fever or cough that is not related to a chronic illness, as well as all other students with symptoms of a respiratory illness and students subject to official quarantine orders must not enter the school.

(3) Schools may restrict the range of student support to the period from 8 a.m. to 4 p.m. on workdays. Schools may restrict the school attendance rights of individual students who are exposed to a significantly increased risk of infection due to previous illnesses or a lack of perceptiveness; this also applies if the area of increased risk of infection is on the way to school.

(4) School and study trips are prohibited. Exceptions to this are one-day class outings and visits to out-of-school places of learning within the framework of the specifications of the authority responsible for education and vocational training.

(5) These regulations shall not affect the contractual and employment obligations of the school staff.

(6) Subsections 1 and 3 do not apply to training courses as well as for the training courses of non-academic health care professions regulated by federal and state law, including the training courses that are mandatory for the exercise of the profession. The schooling of these institutions shall be carried out according to the requirements of the responsible authority.

(7) The schools are permitted to issue testing certificates containing at least the information stated in section 10i (1) 4a to e of the testing conducted in the schools according to subsection (1).

Section 23a Temporary Closure of Day Care Centres for Children
(1) Nursing and day care centres for children (Kitas) in the City of Hamburg are closed.

(2) This temporary closure does not apply to children with a special need for socio-educational support or to children who qualify for integration support services.

Section 24 Restricted Regular Operation in Day Care Centres for Children

(1) In nursing and day care centres for children (Kitas), restricted regular operation is ensured.

(2) This temporal restriction does not apply to children

  1. whose persons of custody or supervision work in jobs urgently needed to maintain security or important infrastructures (for example, in police, fire brigade, hospitals, care, integration support, or public utilities);
  2. who are in need of care because of family reasons or because of individual emergencies;
  3. with single persons of custody or supervision;
  4. aged five years or older.

(3) Any child looked after at a Kita shall have access to restricted regular care operations during the regular service hours. Kita care staff are advised, in agreement with the supervisors, to adjust the individual care service hours to ensure that the necessary hygiene requirements are met.

(4) Children with a body temperature of 37.5 degrees Celsius or more, or other symptoms typical of an infection with COVID-19 with regard to their age may not be cared for in Kitas.

(5) All other hygiene regulations remain unaffected.

(6) Overnight trips from day care centres are prohibited.

(7) Kita operators and employers at day care centres for children must enable three weekly opportunities for testing for the SARS-CoV-2 coronavirus according to section 10d, free of charge, to all employees at Kitas and day care centres for children.

Section 25 Youth Welfare Work Programmes
Work offers by the providers of youth welfare services are permissible. The general hygiene requirements according to section 5 apply, with the exception of section 5 (1) 1 and 2, along with an obligation to wear a face mask according to section 8; with regard to the ability of the children partaking in the programme, the physical distancing requirement according to section 3 (2) must be complied with. A supervised group must not be mixed with persons from other groups. The institution must draft an infection control concept according to section 6 and collect the contact details of the participants according to section 7.

Section 25a Data Transmission
The responsible authority may disclose the name, date of birth and address of a person demonstrably infected with COVID-19 according to section 6 Infektionsschutzgesetz, as well as the measures ordered by the authority, to the responsible institutions according to section 33 Infektionsschutzgesetz and their supervisory authorities or institutions for the purpose of infection control if it can be assumed that the person concerned is cared for or employed in any such institution. The supervisory authorities or institutions may disclose the personal data as stated in the above sentence to the respective institution for the purpose of infection control. The use of personal data for purposes other than those specified in this section and their disclosure to unauthorised third parties is prohibited.

Part 6 Closures and Prohibitions on Services

Section 26 Bomb Disposal
The scheduled release of explosives in inhabited areas where evacuation is expected or which are in the immediate vicinity of critical infrastructure, hospitals or nursing homes is prohibited. Exceptions to this rule are subject to written approval of the Fire Office of the Department of the Interior and Sport.

Part 7 Protection of Particularly Vulnerable Persons; Correctional Institutions

Section 26a (cancelled)

Section 27 Hospitals and Other Medical Facilities
(1) Visitors who experience symptoms of a respiratory illness, visitors who are proven to be infected with COVID-19, and visitors who have returned from a high-risk area according to section 2 (7) within the previous 14 days are not permitted to enter the following facilities:

  1. facilities as listed in section 23 (3) 1 and 3 Infektionsschutzgesetz;
  2. 24-hours care facilities for mentally impaired children and young people.

(2) The facilities stated in subsection (1) must ensure that the entry of corona viruses is impeded by restricting visits. All visitors must be informed and instructed in the applicable hygiene measures (especially hand disinfection). Visits by a pastoral worker are permitted at all times. All visitors must be registered according to section 7.

(3) Canteens, cafeterias or similar facilities for patients in hospitals may be entered by visitors subject to the rules of hygiene and protection.

(4) All persons employed in facilities as stated in subsection (1) who belong to a group of persons as referred to in section 2 (7) may not enter these facilities for 14 days after returning from a risk area according to section 2 (7). Before the expiry of the period of 14 days after returning from a risk area according to section 2 (7), employees may only enter the facilities if a doctor confirms that a polymerase chain reaction (PCR) test according to the guidelines of the Robert Koch Institute was carried out no sooner than five days after entry, from two simultaneous swabs taken from the nasopharyngeal area, which produced a negative test result. This only applies if the members of staff do not show symptoms typical of an infection with COVID-19 according to the guidelines of the Robert Koch Institute.

Section 28 Facilities for Public Accommodation and Support for Persons Experiencing Homelessness
(1) Institutions for public accommodation and institutions providing support for persons experiencing homelessness must draft an institution-specific infection control concept according to section 6.

(2) The infection control concepts of the facilities of support for persons experiencing homelessness must contain requirements for the registration of users. It shall suffice to record information on the users that allows them to be identified and contacted in order to trace chains of infection.

(3) (cancelled)

Section 29 Information Obligations in Cases of Outpatient or Inpatient Treatment
(1) When referring, accepting or transferring patients, the responsible medical, nursing or supporting person must inform the accepting hospital or rehabilitation facility and the patient transport company immediately if the patient is suspected of having or is known to suffer from COVID-19. This obligation also applies if the suspicion of an infection with COVID-19 only arises after the patient has been referred, treated, accepted or transferred, or if the positive test result is available only after this.

(2) If the patient tests positive for COVID-19 at the time of hospital treatment or transfer, the responsible person referred to in subsection (1), the patient transport company and, in the event of further transfer, the accepting institution must be informed immediately. In the event of discharge from inpatient treatment, the obligation to inform also applies to the medical person providing follow-up treatment.

(3) Section 30 (7) and (8) remain unaffected.

Section 30 Residential and Short-Term Care Facilities, Mobile Nursing Services
(1) Residential care facilities may only be entered for visiting purposes under the following requirements:

  1. there are no persons in the facility building who are confirmed or suspected to be infected with coronavirus; no staff who have been isolated and tested positive have entered the facility for at least seven days;
    1a. immediately prior to the visit of the facility, visitors must undergo PoC antigen testing conducted by the facility with a negative result or present the facility staff a written or electronic negative test result for an infection with COVID-19; the test on which the result is based may not be older than 12 hours (PoC antigen test) and not older than 48 hours (PCR test), respectively; the test must meet the requirements of the Robert Koch Institute; the facility must offer certain times for testing to suit the visiting times;
  2. children under the age of 14, persons with symptoms of a respiratory illness, persons who have recently tested positive for COVID-19, visitors who fall under the contact person categories I and II as defined by the Robert Koch Institute, and returnees from risk areas according to section 2 (7) are not permitted to enter the residential and short-term care facilities’ premises;
  3. each person in need of care or assistance may only be visited by no more than two persons at the same time; further visits in the context of terminal care shall be approved by the institution; in individual cases, the institution may agree to visits by more than two visitors at the same time, depending on the circumstances of the institution;
  4. persons in need of care or assistance shall be allowed to be visited at the usual visiting times which applied before the pandemic, provided that the following rules are complied with:
    a. the persons visiting, according to number 3, may enter any long-term or short-term care facility only upon prior registration and appointment;
    b. the procedure may vary based on the concept of the manager of the care facility;
    c. while organising the appointments for the visits, access must be limited in such a way that all persons present can maintain a minimum physical distance according to section 3 anywhere on the premises;
  5. in order to trace chains of infection, the contact details of all visitors must be collected and stored; in addition to section 7 (1), the institutions responsible for the residential or short-term care facility must also document the symptoms of illness of the visitors, the person visited and the start and end time of the visit; the visiting person confirms in writing to the residential facility that to the best of his or her knowledge, he or she has not had contact with person suffering from COVID-19 in the 14 days prior to the visit, has not tested positive for SARS-CoV-2, has not returned from a risk area according to section 2 (7) within the last 14 days, and does not experience current symptoms of a respiratory illness; section 7 (1) 2 to 5 apply respectively to the data collected;
  6. during the entire visit, the visitors must maintain the minimum physical distance of 1.5 metres to the persons in need of care or assistance; section 3 (2) does not apply; a reduction of the physical distance and direct physical contact between the visitors and the persons in need of care or assistance shall be permitted for a cumulative period of up to 15 minutes per visit; persons in need of care and assistance who are comprehensively protected by vaccination may receive closer physical contact from their visitors;
  7. for visitors, section 5 applies accordingly, with the exception of section 5 (1) 1; the visitors must be instructed about the general hygiene requirements and, in addition, on their first visit, adverted verbally to the necessary hygiene requirements stated in section 5;
  8. visitors must wear a medical face mask at all times from entering to leaving the premises of the residential or short-term care facility according to section 8; a medical face mask must be worn in the outdoor areas of the residential facilities and short-term care facilities if the minimum physical distance of 1.5 metres cannot be maintained, for example when pushing a wheelchair, or in the event of direct physical contact according to number 6.

Number 1a does not apply to terminal care.

(2) The owners of residential and short-term care facilities must draft a specific visiting concept, adapt their hygiene plans and, on this basis, generally enable visiting.

(3) Visits necessary for therapeutic, medical, legal or pastoral purposes, for reasons of social work, or for foot or hair care are permissible, provided the requirements stated in subsection (1) 1a, 2, 5 and 8 are met.

(4) Providers of residential and short-term care facilities and providers of mobile nursing services must ensure compliance with the following preventive measures:

  1. a minimum physical distance of 1.5 must be maintained at all times; provisions may vary according to the recommendations by the Robert Koch Institute;
  2. the number of nursing or caring staff per person in need of care or assistance for must be reduced in the interests of reference care;
  3. nursing or care staff in residential and short-term care facilities and outpatient care services must consistently follow the current requirements of the Robert Koch Institute on the prevention and management of COVID-19 cases in inpatient or outpatient care for the elderly within the framework of the possibilities on site, unless the requirements by the responsible authority differ;
  4. the body temperature of all persons in need of care in residential and short-term care facilities must be taken daily, unless the person is comprehensively protected by vaccination; newly occurring coughing symptoms, changes in breathing frequency, increased body temperature and hoarseness in persons in need of care must be documented; in the event of pathological changes, the respective physician or general practitioner must be notified; the person in need of care must be isolated immediately as far as possible on site;
  5. direct contact between the nursing or care staff and the persons in need of care shall be limited to the professionally necessary minimum, unless the person is comprehensively protected by vaccination;
  6. the nursing and care staff in residential and short-term care facilities must wear medical face masks during working hours and the staff of mobile nursing services must wear medical face masks from the time they enter the clients’ premises until leaving according to section 8; the current information by the Robert Koch Institute, in particular those concerning the handling of persons in need of care or support (or any other person) suffering or suspected to be suffering from COVID-19, must be observed as far as this is possible;
  7. persons in need of care or assistance who live in residential or short-term care facilities must be provided with medical face masks as stated in section 8; where the physical and mental condition of persons in need of care or assistance allows them to wear face masks, it must be ensured that they wear them when in contact with nursing and care staff and during stays in the common areas of the facility; when persons in need of care or assistance who are comprehensively protected by vaccination meet on the facility premises, they are exempt from the distance requirements and from the obligation to wear a face mask;
  8. employees of the facilities or services who are comprehensively protected by vaccination must undergo regular testing for an infection with COVID-19 by means of a point-of-care (PoC) antigen test at least once per week; all other employees must undergo such testing at least twice per week; the result must be submitted to and documented by the employer; the employer must notify the responsible health authority of a positive test result immediately; the employer is required to organise the necessary testing.

(4a) Managers of long-term and short-term facilities may issue test certificates of testing conducted by trained employees on

  1. employees of the long-term or short-term care facility;
  2. persons in need of care or assistance;
  3. visitors; and
  4. outreach workers,

provided that the test certificate must at least contain the information according to section 10i (1) 4a to 4e.

(5) In the event of a justified suspicion of infection as stated by the orientation guide for doctors by the Robert Koch Institute, or in the event of a confirmed COVID-19 infection, the responsible public health office shall decide on the isolation and hygiene measures to be observed by the persons providing therapeutic or medical care as well as other contact persons.

(6) All residential and short-term care facilities must make new admissions, unless they are subject to restrictions on admission or admission capacity is exhausted. This does not apply to persons suffering from COVID-19. Before admitting a person in need of care or assistance who is not known to suffer from COVID-19 to a residential or short-term care facility, the responsible physician or general practitioner must confirm that a PCR test obtained from two swabs taken over the previous 48 hours from the nasopharyngeal area has tested negative. Before admitting a person in need of care or assistance who has recovered from COVID-19 to a residential or short-term care facility, the responsible physician or general practitioner must confirm that no symptoms of COVID-19 have been present in the previous 48 hours and that a PCR test obtained from two swabs taken from the nasopharyngeal area over the previous 48 hours has tested negative.

(7) When persons in need of care or assistance return to the residential or short-term care facility after a hospital stay, a PCR test obtained from two swabs taken from the nasopharyngeal must be obtained by the responsible physician or general practitioner within 48 hours prior to the return, and the test result must be reported to the care facility prior to re-admission.

(8) If a necessary hospital treatment of a person in need of care or assistance, the provider of the residential or short-term care facility must inform the hospital before the transport whether there is an increased number of proven cases of COVID-19 or other types of pneumonia in their facility. Prior to any necessary treatment by a general practitioner, sentence 1 shall apply accordingly.

(9) All providers of residential or short-term care facilities must immediately take appropriate organisational measures to ensure separate accommodation for persons proven or suspected to be infected with COVID-19 and therefore to be kept isolated from healthy and non-infected persons. The appropriate measures include in particular the possibility to provide isolation and quarantine areas and a staff concept for the appropriate care for persons in need of care or assistance depending on possible infection scenarios. Establishing the isolation and quarantine areas as soon as they are needed, relocations of persons in need of care or assistance within the facility are permitted if necessary. Separate accommodation of infected persons must be guaranteed for the entire isolation phase ordered by the public health office. The risk of infecting healthy and non-infected persons must be minimised. This includes particularly the designation of staff to exclusively take over the care, support and nursing of the infected persons.

(10) After an occurrence of a COVID-19 infection among persons in need of care or assistance or the employees of the facility, the owner of the residential or short-term care facility must, by order of the public health offices, test all persons in need of care or assistance and employees for COVID-19 immediately and repeat the test at after suitable period of time. In agreement with the responsible public health office, the test can be limited to persons in need of care or assistance in individual parts of the facility and to employees working there.

(10a) (cancelled)

(10b) All persons employed in the residential facility, short-term or outpatient care service who are subject to official quarantine orders according to section 2 (7) must not enter the residential or short-term care facility or the homes of persons in need of care or assistance for a period of 14 days after returning from a risk area according to section 2 (7). Before the expiry of the period of 14 days after returning from a risk area according to section 2 (7), employees may only enter the facilities or the homes of persons in need of care or assistance if a doctor confirms that a polymerase chain reaction (PCR) test according to the guidelines of the Robert Koch Institute was carried out no sooner than five days after entry, from two simultaneous swabs taken from the nasopharyngeal area, which produced a negative test result. Sentence 2 only applies unless the employees show symptoms that indicate an infection with COVID-19 in the sense of the current criteria of the Robert Koch Institute.

(11) The responsible public health office may allow deviations from the regulations stated above.

Section 30a Balcony Concerts for the Social and Cultural Participation of Vulnerable Persons
(1) Notwithstanding section 4a (1), balcony concerts and other outdoor performances which are performed in such a way that there is no physical gathering of the audience and the purpose of which is the social or cultural participation of the residents of residential care facilities, short-term care facilities, accommodation of service staff, hospices and similar facilities, are permitted if the following requirements are met:

  1. an infection control concept according to section 6 must be drafted;
  2. contact details of all performing persons must be collected in accordance with section 7;
  3. between the performing persons and the residents of the facilities, there must be an extended minimum physical distance of 5 metres;
  4. all performing persons must maintain the minimum physical distance of 1.5 metres between each other; singers and brass and woodwind players must maintain an extended minimum physical distance of 2.5 metres between each other and the other performers.

(2) The total number of performing persons may not exceed 10. For the performing persons, the contact restrictions according to section 4 (2) do not apply.

Section 31 Housing Facilities for Integration Support

(1) Institutions for persons with disabilities in which integration support services are provided in special forms of housing or in residential groups with outpatient care must draft an infection control concept specific of location for entering according to section 6 and the applicable hygiene and infection control requirements.

(2) Additionally, the infection control concept must contain the following specifications:

  1. the implementation of the collection of contact details according to section 7;
  2. the documentation of visitors and time and date of the visit;
  3. compliance with preventive actions in the support of eligible persons with respect to the maximum number of care staff per eligible person and the reduction of direct physical contact between these persons;
  4. the reduction of direct physical contact between persons who are not fully vaccinated; and
  5. compliance with the current recommendations of the Robert Koch Institute concerning support facilities for the elderly and for persons with disabilities, as well as for the public health service.

(3) The facilities may only be entered if the facility-specific infection control concepts according to subsections (1) and (2) are fulfilled.

(4) The respective facilities must accept new admissions within the scope of their capacities. Before an eligible person is admitted to any such facility, a negative result of PCR testing for SARS-CoV-2 must be submitted, the underlying test of which must not be older than 48 hours ago.

(5) In the case that hospital treatment of eligible persons is required, the manager of the care facility must notify the hospital prior to the transport whether there is an accumulation of proven cases of COVID-19 or pneumonia in their facility. Sentence 1 applies accordingly any necessary treatment by a physician or general practitioner.

(6) In the case that an eligible person who is not fully vaccinated returns to the care facility after an overnight stay, the returnee must

  1. must be able to present a negative test result of rapid antigen testing according to section 10d which must not be older than 12 hours; or
  2. must undergo antigen rapid testing on the facility premises according to section 10d.

This testing must be repeated after a period of 5 days.

(7) The facilities may only be entered by visitors if they can present a negative test result of an antigen rapid testing or PCR testing according to section 10d. Section 10h applies accordingly.

(8) Visitors must, from the point of entrance until the point of exiting the facility, wear a medical face mask according to section 8; in all outdoor areas on the facility premises, the obligation to wear a medical face mask applies whenever the minimum physical distance of 1.5 metres cannot be maintained, for example when pushing a wheelchair or in the event of direct physical contact. Eligible persons who are fully vaccinated may receive visitors with immediate contact in indoor areas.

(9) Facility staff who are fully vaccinated must undergo testing regularly at least once per week, all other facility staff must undergo testing regularly, at least twice per week, for the SARS-CoV-2 coronavirus by means of antigen rapid testing according to section 10d; the result must be submitted to and documented by the facility. The manager of the facility is required to organise the testing.

(10) By order of the health authorities, the manager of the facility must arrange testing for all clients and staff for SARS-CoV-2 immediately if they had contact with a person of category I as defined by the Robert Koch Institute. In agreement with the responsible public health office, the testing can be limited to clients in individual parts of the facility and to staff working there.

(11) The managers of the housing facilities may issue a test certificate if trained employees have tested

  1. employees of the facility,
  2. clients,
  3. visitors, and
  4. external social workers

for SARS-CoV-2 by means of antigen rapid testing; the test certificate must at least contain the information according to section 10i (1) 4a to 4e.

Section 31a Workshops for persons with disabilities and other day-structuring facilities for integration support

(1) Workshops for persons with disabilities and other day-structuring facilities for integration support must draft an infection control concept specific of location according to section 6 for entering the facility and for the hygiene and infection control requirements.

(2) Additionally, the infection control concept must contain the following provisions:

  1. the implementation of the collection of contact details according to section 7;
  2. the differentiation between groups of persons, workplaces and, if applicable, work hours; and
  3. the requirement for clients or their legal supervisors to agree to continuing work and support at the facility.

(3) The facilities may only be entered in compliance with the infection control concepts stated in subsections (1) and (2).

(4) The facilities referred to in subsection (1) must provide support services to the extent that they are contractually agreed upon to persons who are not otherwise supported or cared for.

(5) Facility staff and service providers according to subsection (1) who are fully vaccinated must undergo testing regularly at least once per week, all other facility staff must undergo testing at least twice per week, for the SARS-CoV-2 coronavirus by means of antigen rapid testing according to section 10d; the result must be submitted to and documented by the manager of the facility. The manager of the facility shall organise the necessary testing.

(6) During transportation, all clients as well as driving staff and accompanying persons must wear a medical face mask according to section 8. Section 3 (2) applies accordingly. Persons with symptoms of a respiratory illness must be excluded from transport.

(7) The managers of the housing facilities may issue a test certificate if trained employees have tested

  1. employees of the facility,
  2. clients, and
  3. external social workers

for SARS-CoV-2 by means of antigen rapid testing; the test certificate must at least contain the information according to section 10i (1) 4a to 4e.

Section 31b Interdisciplinary or Curative Early Support Providers and Providers of Other Outpatient Services

(1) Providers of other outpatient care services (including outpatient social psychiatry) as well as providers of interdisciplinary or curative early support services must draft an infection control concept specific of location according to section 6 for the provision of services and the applicable hygiene and infection control requirements. The concept must also include regulations for the implementation of the collection of contact data according to section 7.

(2) The concept for entering meeting places of outpatient social psychiatry must also include requirements for weekly testing of the clients for the SARS-CoV-2 coronavirus by means of antigen rapid testing according to section 10d as a prerequisite for participation in group activities.

(3) The facilities may only be entered in compliance with the infection control concepts stated in subsections (1) and (2).

(4) Facility staff and service providers according to subsection (1) who are fully vaccinated must undergo testing regularly at least once per week, all other facility staff must undergo testing at least twice per week, for the SARS-CoV-2 coronavirus by means of antigen rapid testing according to section 10d; the result must be submitted to and documented by the manager of the facility. The manager of the facility shall organise the necessary testing.

(5) By order of the health authorities, the manager of the facility must arrange testing for all clients and staff for SARS-CoV-2 immediately if they had contact with a person of category I as defined by the Robert Koch Institute. In agreement with the responsible public health office, the testing can be limited to clients in individual parts of the facility and to staff working there.

(6) The managers of the housing facilities may issue a test certificate if trained employees have tested

  1. employees of the facility,
  2. clients, and
  3. external social workers

for SARS-CoV-2 by means of antigen rapid testing; the test certificate must at least contain the information according to section 10i (1) 4a to 4e.

Section 32 Day Care Facilities for Persons in Need of Care or Assistance
(1) Day care facilities for persons in need of care or assistance shall be opened and remain open under the following conditions:

  1. the day care facility may not be entered by persons who show symptoms of a respiratory illness or who are proven to be infected with COVID-19 or who have returned from a risk area according to section 2 (7) within the previous 14 days;
  2. before the period of 14 days after returning from a risk area according to section 2 (7) expires, employees may only enter the facility if a doctor confirms that a polymerase chain reaction (PCR) test according to the guidelines of the Robert Koch Institute was carried out no sooner than five days after entry, from two simultaneous swabs taken from the nasopharyngeal area, which produced a negative test result; this only applies if the employees do not show symptoms indicating an infection with COVID-19 in the sense of the current criteria of the Robert Koch Institute;
  3. clients of the day-care facility, employees and all persons entering the day-care facility on a regular basis during opening hours must test for COVID-19 at least twice a week by means of a PoC antigen test; in certain exceptions, testing of clients of the day-care facility may be waived if testing is not possible due to cognitive limitations; the result shall be submitted to and documented by the facility; the facility must immediately notify the responsible health authority of a positive test result; the facility is obliged to organise the necessary tests;
  4. (cancelled)
  5. it must be ensured that no clients or employees of the day care facility, nor any regular visitors who have tested positive for COVID-19 have entered the day care facility for a period of at least seven days;
  6. clients and employees of the day care facilities and external persons regularly entering the day care facility during opening hours who are contact persons of categories I and II according to the definition of the Robert Koch Institute may only enter the facility if it is confirmed by a doctor that no sooner than five days after the exposure, a PCR test following the recommendations of the Robert Koch Institute was carried out from two simultaneous swabs taken from the nasopharyngeal area, which produced a negative test result;
  7. for the purpose of official traceability, the contact details of day care clients, the period of presence and, if applicable, the identification with care groups, the presence and, if applicable, the identification of employees with individual care groups, the presence of external visitors and persons who bring guests to the facility or collect them from the facility must be recorded according to section 7;
  8. day care clients or their legal representatives must confirm in writing that he or she has not had contact with COVID-19 patients in the previous 14 days, has not tested positive for COVID-19, has not returned from a risk area according to section 2 (7) within the previous 14 days and shows no symptoms of a respiratory illness;
  9. a physical distance of 1.5 metres must be maintained during the entire stay in the day care facility; section 3 (2) numbers 1 and 2 apply accordingly; otherwise section 3 (2) sentence 2 does not apply; subsection (3) number 4 remains unaffected;
  10. section 5 applies accordingly;
  11. day care clients must wear a medical face mask on the premises according to section 8; this also applies to the outdoor areas of the day care facility if a physical distance of 1.5 metres cannot be maintained.

(2) The providers of day care facilities must draft an infection control concept specific to their institution, adapt their hygiene plans and, on this basis, enable the use of the day care facility. If necessary, the number of clients shall be reduced to fit the spatial conditions, the infection control concept and the hygiene plans. The internal managers of the day care facility must take care of selecting the day care clients.

(3) The providers of day care facilities must ensure that the following preventive measures are observed:

  1. the minimum physical distance of 1.5 metres must always be maintained;
  2. the number of nursing staff per day care client shall be reduced if possible;
  3. newly occurring symptoms of coughing, changes in breathing frequency, increased body temperature and hoarseness must be documented;
  4. direct physical contact between nursing staff and day care clients shall be limited to the necessary extent;
  5. the nursing staff must wear a medical face mask during working hours according to section 8; whenever in contact with persons in need of care or assistance, the obligation to wear a medical face mask according to section 8 applies, with the provision that the persons must wear an FFP2 face mask. Persons subject to section 8 (1) 2 must wear an FFP2 face mask whenever in direct contact according to number 4;
  6. if possible, small groups should be formed within the group of day care clients.

(4) If possible, the day care clients should be brought and collected by relatives in agreement with the responsible person of the day care facility. If day care clients are collected by transport service, no more than 50 per cent of the seats in the transport vehicle may be used. During transport, the obligation to wear a medical face mask according to section 8 applies to the driver of the vehicle as well as to day care clients. The driver must remind day care clients to comply with the obligation in individual cases by means of written or acoustic notices or pictures as well as verbal warnings in the event of non-compliance.

(5) Activities for day care clients, in which increased breathing air emissions are to be expected, such as activities involving movement and singing, may only be performed in the outdoors and at a minimum physical distance of 1.5 metres.

(6) External persons may only be admitted with the consent of the provider of the day care facility. If access is granted, subsections (1) and (3) apply accordingly.

(7) The requirements stated in section 30 (5), (10) and (11) apply to providers of day care facilities accordingly.

Section 33 (cancelled)

Section 34 (cancelled)

Section 34a Correctional Institutions
(1) During the first 14 days of their detention, persons admitted to a correctional facility must be separated from persons who have been held in prison for more than 14 days. Personal contacts with other persons, including other newly detained persons, must be kept to a minimum during this period. For persons returning to prison after a temporary stay outside the institution, the institution may order a separation for a period of 14 days if necessary according to the findings of the medical service of the prison. Further details are to be determined by the responsible judicial authority. This does not apply to the execution of juvenile detention.

(2) Persons in prison who are suspected or proven to be infected with COVID-19 must be separated from other persons.

(3) In the case of persons in open prison, the responsible judicial authority may make alternative arrangements.

(4) In all prison facilities, there is an obligation to wear a medical face mask according to section 8. The responsible judiciary authority may permit exceptions for certain situations or areas in the facilities.

Part 9 Modelling Strategies for Testing Alternative Protection Concepts

Section 37 Pilot Projects for Testing Alternative Protection Concepts

(1) In order to try out new and alternative protection measures and infection control concepts, in particular for the purpose of trying out new testing concepts, the responsible authorities, with the consent of the responsible public health office and the Senatskanzlei, may carry out pilot projects for a maximum period of four weeks and make use of suitable providers. Within these pilot projects, exemptions from the requirements of these regulations may be granted to certain organisers as well as participants for individual events or other activities with public access if this is justifiable in terms of infection control and if the organisers comply with the following requirements while carrying out the pilot project:

  1. an infection control concept specific of the pilot project must be drafted;
  2. the persons present during the pilot project must have tested negative for the SARS-CoV-2 coronavirus by means of direct pathogen detection according to section 10 and be able to present a negative test result;
  3. the contact details of the clients, users or visitors of the event or activity must be collected according to section 7; if possible the data should be collected in electronic form;
  4. the implementation of the pilot project must be documented according to the specifications of the responsible authority; the records must be mad available to the authority.

(2) The exemptions granted for the implementation of the pilot project may be subject to certain conditions.

(3) The pilot project may be suspended at any time and the exemptions granted may be revoked at any time. The pilot project must be terminated and the exemptions granted must be cancelled if

  1. the epidemiological situation deteriorates after granting the permit to such an extent that the implementation of the event is no longer justifiable in terms of infection control;
  2. an outbreak has been detected in connection with the implementation of the pilot project; or
  3. the requirements according to subsection (1) 1 to 4 are violated.

(4) There is no entitlement to participation in the pilot projects.

Part 10 Restriction of Basic Rights, […] Expiry

Section 38 Restriction of Basic Rights
These regulations restrict the basic rights of the freedom of the person (section 2 (2) of the German Basic Law), the freedom of movement (section 11 (1) of the German Basic Law), the inviolability of the home (section 13 of the German Basic Law) and the freedom of assembly (section 8 (1) of the German Basic Law).

Section 38a Damage, Removal, Obliteration of Signs

Damaging, removing, obliterating or causing any other impairment to the signs used by the legislator to clarify the requirements of these regulations is prohibited.

[…]

Section 40 Expiry
(1) The Hamburg SARS-CoV-2 Containment Order of 30 June 2020 (HmbGVBl. p. 285) in the current version shall be repealed.

(2) These regulations shall expire at the end of 21 May 2021.

Issued by the Assembly of the Senate,
Hamburg, 23 April 2021.

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