Landungsbrücken

COVID-19 Corona Rules and Regulations in Hamburg

This is the draft of the corona regulations applicable from Wednesday, 23 December 2020. 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 Wednesday, 23 December 2020. 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 of this Order
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.

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. 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 this regulation.

(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.

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.

(1a) Employers are required to enable working from home for their employees (home office).

(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 of only one person of only one other household;

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

but only if the total number of persons present does not exceed five; physical distancing does also not apply if maintaining the minimum distance is not possible for technical or legal reasons.

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 one further household;

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 are not allowed to open:

  1. facilities in which dancing takes place, especially clubs, discotheques and music clubs;
  2. trade fairs and expositions;
  3. funfairs;
  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. museums;
  13. exhibition halls;
  14. galleries used for holding events; opening for the trade in arts shall stay permitted unless restricted otherwise;
  15. planetariums;
  16. zoological gardens (Hagenbeck’s);
  17. zoo exhibitions in closed rooms;
  18. smaller zoos;
  19. theme parks;
  20. leisure activities (outdoors as well as in closed rooms);
  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).

(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;
  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. Christmas tree sale points.

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.

Section 4d Ban on the Consumption of Alcohol in Public
The consumption of alcoholic beverages in public places, pathways, streets, squares, parks and recreational areas is prohibited.

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 days;
  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.

(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.

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; 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 have a credible reason that wearing a face mask it is not possible 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.

(2) persons who, in opposition to the obligation to wear a mask in accordance with these regulations, refuse to wear a 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.

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 events in closed rooms, all attending persons must wear face masks according to section 8, with the provision that persons present may take off their face masks while seated, and performers may take off their face masks during performances;
  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 with more than 100 participants, 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 1,000 attendants in the open air as well as gatherings with more than 300 attendants 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. The approval may be subject to conditions, in particular with regard to the number of attendants, place, duration and manner of holding of implementation. When holding open-air gatherings with more than 1000 participants, the obligation to wear face masks according to section 8 applies, with the provision that persons speaking publicly may take off their face masks during speeches and lectures.

(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 face masks in accordance with section 8, with the provision that persons present may take off their face masks while seated, and 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
(1) In all buildings with public access, there is an obligation to wear a 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 face masks in accordance with section 8 with the provision that the masks may 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 face masks in closed rooms in accordance with section 8. The masks may be taken off while seated or standing in a fixed spot and if a minimum physical distance of 1.5 metres to other persons is maintained, or if only one person is present in a closed room. The face mask may also be taken off if this is absolutely necessary for the performance of the job. Any further legal requirements in the field of professional safety must be observed.

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 and at the corner Ballindamm, Bergstraße, Monday to Saturday 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 p.m. 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 p.m. 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 p.m. 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 p.m. 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 p.m. 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 p.m. 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 p.m. 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 p.m. 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.

(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 face masks; 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.

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 face mask in accordance with section 8, with the provision that persons present may take off their face masks while seated, and 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.

(2) For funerals and funeral services in cemeteries and funeral homes, the requirements of subsection (1) 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 face mask according to section 8. If public passenger transport is carried out in passenger cars, driving staff must also wear a 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, at fairgrounds and at weekly markets, the general hygiene requirements according to section 5 and the obligation to wear face masks according to section 8 apply to all persons present. The obligation to wear a 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 face masks 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 10 square metres of the service area;
  2. shops with a service area of more than 800 square metres are limited to 80 clients per 20 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. 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 Services with Physical Contact
Businesses providing personal and body care services (hairdressers’, beauty salons, massage parlours, tattoo studios and similar facilities) are closed. This does not apply to services if they are medically necessary, in particular physiotherapy, ergotherapy, logotherapy, podiatry and chiropody. The general hygiene requirements according to section 5 and the collection of contact details in accordance with section 7 applies to these services. Insofar as there are no official requirements according to section 5 (2), a protection concept must be drafted in accordance with section 6. All persons present in closed rooms must wear a face mask in accordance with section 8 with the provision that the persons present may remove their face masks for as long as this is necessary for the performance of the service.

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.

(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 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 face mask in accordance with section 8;
  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 10 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) For return travellers from abroad, the regulations in part 8 apply.

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, memorial sites and community cultural centres, the general hygiene regulations according to section 5 apply; section 4a (1) remains unaffected. In closed rooms, all persons present must wear face masks 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 (1) applies.

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 present may take off their face masks while seated or during physical activity according to subsection (2), and 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.

(2) Unless operation is prohibited by means of the restrictions of section 4b (1), subsection (1) also applies to 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. 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.

(3) For theoretical and practical driving instruction for the acquisition of driving licences, the general hygiene requirements according to section 5 apply. The operator must draft an infection protection concept according to section 6. During theory lessons in closed rooms, all persons present must wear face masks in accordance with section 8, with the provision that persons present may take off their face masks while seated, and teaching staff may take off their face masks while teaching. During practical driving lessons, learner drivers in closed vehicles must wear a face mask in accordance with section 8. This applies accordingly to training on driver practise courses; in closed vehicles the obligation to wear a face mask according to section 8 shall only apply if the participants do not belong to the same household according to section 3 (2) 1.

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 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. 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 the 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) 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.

Section 21 (cancelled)

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

Section 22 Universities
(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 persons present may take off their face masks while seated, and 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.

(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. Students may be exempt from compulsory attendance if there is suitable substitution by other curricular means; wearing a face mask may be made compulsory. 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.

Section 24 Nursing and Day Care Centres for Children
(1) Nursing and day care centres for children (Kitas) in Hamburg are open in limited operation. Nursing and day care shall be offered between 8 a.m. and 3 p.m. only. This temporal limitation does not apply to nursing or care for children with a special need for socio-educational support or for children whose legal caretakers are involved in the provision of services of general interest or whose activities serve the maintenance of important infrastructures or security. Furthermore, the temporal limitation shall not apply in cases of special individual emergencies.

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. 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 Testing Concepts in Certain Facilities
(1) The following institutions or companies are obliged to draft an institution- or company-related concept on testing of persons for direct pathogen detection of the SARS-CoV-2 corona virus (testing concept):

  1. facilities as defined in section 23 (3) 1 to 4 Infektionsschutzgesetz, preventive and rehabilitation facilities even if there is no medical care provided which is comparable to that provided by hospitals;
  2. facilities and companies as defined in section 23 (3) 11 or section 36 (1) 7 Infektionsschutzgesetz;
  3. facilities as defined in section 36 (1) 2 Infektionsschutzgesetz;
  4. outpatient services in integration support.

(2) This testing concept must comply with the requirements of the Coronavirus-Testverordnung with regard to the manner and scope of testing. It must be presented to the responsible authority on request.

Section 27 Hospitals and Other Mediacal 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 35 (1) 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 35 (1) may not enter these facilities for 14 days after returning from a high-risk area according to section 35 (1). Before the expiry of the period of 14 days after returning from a high-risk area according to section 35 (1), 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.

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 48 hours (PoC antigen test) and not older than three days (PCR test); the test must meet the requirements of the Robert Koch Institute;
  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 35 (1) 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 for a total of three hours per calendar week by no more than two persons at the same time, provided that these persons live in the same household or meet the requirements of section 3 (2) 2; visits which take place exclusively in the outdoor areas may take place without any time limit, but may not include more than two visitors at the same time, provided that these persons live in the same household or meet the requirements of section 3 (2) 2; further visits in the context of terminal care shall be approved; 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. the visiting persons enter the residential or short-term care facility only after prior notification and appointment; the institution may also determine and apply different procedures; when coordinating visits, access for persons must be restricted and monitored in such a way that attendants are able to maintain a distance of 1.5 metres;
  5. in order to trace chains of infection, the contact details of all visitors must be collected and stored; in addition to section 7, 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 35 (1) within the last 14 days, and does not experience current symptoms of a respiratory illness; section 7 (1) 2 to 5 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;
  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. visits and contact with persons in need of care or assistance should take place primarily in outdoor areas or room units set up there, or in visiting rooms established for this purpose; visits to double and multi-bed rooms may only take place if the person visited is alone in the room;
  9. at all meeting places specified above, section 5 (1) 5 and 6 apply respectively;
  10. visitors must wear a face mask at all times from entering to leaving the premises of the residential or short-term care facility; section 8 (1) and (2) apply accordingly; otherwise § 8 does not apply; a 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) 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;
  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; 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;
  6. the nursing and care staff in residential and short-term care facilities must wear face masks during working hours and the staff of mobile nursing services must wear face masks from the time they enter the clients’ premises until leaving, unless wearing an FFP2 face mask is recommended by the Robert Koch Institute; if this is the case, wearing an FFP2 face mask is mandatory;; section 8 (1) and (2) apply accordingly; otherwise, section 8 does not apply; the current information by the Robert Koch Institute, in particular those concerning the handling of persons in need of care or support suffering or suspected to be suffering from COVID-19, must be observed wherever possible; person to whom section 8 (1) and (2) does not apply must wear a face mask, or an FFP2 face mask, respectively, in direct physical contact according to numbers 4 and 5;
  7. persons in need of care or assistance who live in residential or short-term care facilities must be provided with face masks; 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;
  8. employees of the facilities or services must undergo regular testing for an infection with COVID-19 by means of a point-of-care (PoC) antigen test at least twice a 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.

(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 provision of spatially connected 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 35 (1) 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 35 (1). Before the expiry of the period of 14 days after returning from a risk area according to section 35 (1), 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 Facilities for Integration Support
(1) Institutions for persons with disabilities in which integration assistance services are provided in special forms of housing or in residential groups with outpatient care must draft an infection control concept for entering according to section 6 and the applicable hygiene and infection control regulations. The infection control concept must include facility-specific regulations for the return after an overnight stay outside a facility, for example PoC antigen testing, which must be repeated after five days.

(2) Workshops for persons with disabilities and other day-structuring facilities for integration support, day care centres, meeting places of outpatient social psychiatry and interdisciplinary early intervention centres must draft a protection concept for entering according to section 6 and the applicable hygiene and infection control regulations. The concept of workshops for persons with disabilities, of other day-structuring facilities for integration support and of day care centres must also contain specifications

  1. with regard to the special features of the services and the recommendation of the Federal Ministry of Labour and Social Affairs on occupational health and safety in times of the corona pandemic (SARS-CoV-2 Arbeitsschutzstandard);
  2. on distinctions of groups of people, workplaces and, where appropriate, employment periods;
  3. on the requirement for approval of the persons with disabilities or their legal guardians to resume employment and care; and
  4. on the implementation of the requirements according to section 7.

The concept for entering meeting places of outpatient social psychiatry and interdisciplinary early intervention centres must contain requirements according to subsection (2) 1 and (2) 2 number 4.

(3) The facilities referred to in subsections (1) and (2) may only be entered if the facility-specific infection control concepts are fulfilled. In addition, the facilities referred to in subsection (1) must not be entered by employees and visitors if there is proven evidence of a positive antigen test. In addition to the persons referred to in the second sentence, the facilities referred to in subsection (2) must not be entered by clients if there is proven evidence of a positive antigen test. In outpatient social psychiatry meeting places, the organisation of group support services is prohibited. Individual support services are permitted.

(4) The facilities referred to in subsection (2) sentence 2 must provide the contractually agreed services to persons who are not otherwise looked after or cared for.

(5) Clients of the facilities referred to in subsection (2) sentence 2 shall be guaranteed reasonable outward and return transport. As far as spatial conditions allow, section 3 (2) applies accordingly. During transportation, all users as well as driving staff and accompanying persons must wear a face mask covering mouth and nose according to section 8 (1). Persons with symptoms of a respiratory illness are excluded from transport.

(6) Section 5 applies to the facilities referred to subsections (1) and (2). In addition, section 30 (4) 2, 3 and 5, subsections (5) to (8) and subsections (10) and (11) apply to the facilities referred to in subsection 1, respectively.

(7) By order of the health authorities, the organisation responsible for the facilities mentioned in subsections (1) and (2) must test all clients and employees immediately for SARS-CoV-2 if they have had contact with a person of category I as defined by the Robert Koch Institute. In agreement with the public health department, the testing can be limited to clients in individual parts of the facility and to employees working there.

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 35 (1) within the previous 14 days;
  2. before the period of 14 days after returning from a risk area according to section 35 (1) 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 35 (1) 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 masks 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 face mask during working hours; section 8 (1) and (2) apply accordingly; otherwise section 8 does not apply; with respect to the regulations of the use of FFP2 face masks, section 30 (4) 6 applies accordingly;
  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. The driver must wear a face mask covering mouth and nose during transport; section 8 (1) and (2) apply accordingly; otherwise section 8 does not apply. The obligation to wear face masks according to section 8 also applies to day care clients during transport. 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 Suspension of Routine Checks
Routine checks of residential facilities (according to section 30 HmbWBG, lit. Hamburg Quality Act for Residential and Day Care) shall be suspended until further notice.

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 face mask according to section 8. The responsible judiciary authority may permit exceptions for certain situations or areas in the facilities.

Part 8 Official Quarantine Orders for Entry and Return

Section 35 Isolation upon Entry and Return; Observation
(1) Persons entering the City of Hamburg by land, sea or air from abroad who at any time within 10 days prior to their entry have stayed in an area which, according to subsection (2) 17 Infektionsschutzgesetz, has been declared as a high-risk area for an infection with the SARS-CoV-2 coronavirus (high-risk area) must go directly to their own home or other accommodation suitable for isolation immediately after entry and remain there in isolation for the following 10 days; this also applies to persons who first entered another German federal state. During this period, persons subject to these isolation orders must not receive visits from persons who do not belong to their household. Persons in care or custody of others must ensure that the children living with them in the same household comply with these rules. Pending a federal regulation, persons subject to these specifications are also obliged to undergo testing for an infection with the SARS-CoV-2 coronavirus no more than 48 hours before or immediately after entering the Federal Republic of Germany. The test result must be submitted in German, English or French and in paper form or in an electronic document to the responsible health authority on request without delay within ten days of entry. The underlying testing must meet the requirements of the Robert Koch Institute, which are published on the Internet (https://www.rki.de/covid-19-tests; archive available in English on the site). The test result must be kept for at least ten days after entry. These obligations shall not apply to persons exempted from isolation according to section 36.

(2) The persons subject to isolation orders according to subsection (1) must notify the responsible authority immediately and draw attention to the orders stated in subsection (1). This obligation must be fulfilled

  1. by way of a digital notice of return under ‘https://www.einreiseanmeldung.de’ (English and other language versions available on the site, transmitting all relevant data in full; persons returning must keep the confirmation of the successful digital registration on entry and present it on request to the carrier or to the authority responsible for border control, or
  2. in exceptional cases when notification according to number 1 is not possible, by submitting a written replacement notification to the authority responsible for border control, or
  3. in exceptional cases when notification according to numbers 1 and 2 are not possible, by the immediate submission of a replacement notification to the responsible authority in written form.

(3) While the isolation is in effect, persons subject to quarantine orders according to subsection (1) shall be observed by the responsible authority.
The responsible authority is authorised to disclose the name, date of birth and address of a person specified in subsection (1), as well as the obligation to isolate and its duration, to the facilities specified in section 33 of the Infektionsschutzgesetz in order to contain and control infections if it can be assumed that the person concerned is cared for or employed in a respective facility. Insofar as the responsible authority does not know in which facility a person is cared for or employed, the authority may disclose the personal data to the supervising authority responsible for the facility. The supervising authority may disclose the personal data to the respective facility for the purpose of infection control. The use of personal data for purposes other than those specified in these regulations and their disclosure to unauthorised third parties is prohibited.

(4) (cancelled)

Section 36 Exceptions
(1) Section 35 (1) does not apply to persons entering the Federal Republic of Germany or the City of Hamburg only for reasons of transit; any such person shall leave the territory of the City of Hamburg by direct route. The transit through the territory of the City of Hamburg required for this is permitted.

(2) Section 35 (1) does not apply

1. to persons who, in the course of border traffic with neighbouring countries, have spent less than 24 hours in a high-risk area according to section 35 (4) or who enter the Federal Republic of Germany for no more than 24 hours;

2. to visits for less than 72 hours

a. by persons entering because of a visit to first-degree relatives, to a spouse or life partner not belonging to the same household, or because of a shared custody or access right;

b. and if appropriate protection and hygiene concepts are observed, by persons whose work indispensable for the maintenance of the health care system at short notice and if this is certified by the employer or client;

c. and if appropriate protection and hygiene concepts are observed, by professional persons who transport other persons or goods across borders by road, rail, sea or air;

d. and if appropriate protection and hygiene concepts are observed, by senior members of the diplomatic and consular services and governments,

3. if appropriate protection and hygiene measures are observed, by cross-border commuters

a. who are residents of the City of Hamburg and who, as a matter of absolute necessity, go to their place of work, study or training in a high-risk area for reasons of their profession, studies or training and return to their place of residence regularly, at least once a week;

b. who are residents of a high-risk area and who, as a matter of absolute necessity enter the City of Hamburg for reasons of their profession, study or training and return to their place of residence regularly, at least once a week;

this absolute necessity as well as compliance with appropriate protection and hygiene concepts must be certified by the employer, client or educational institution.

(3) Section 35 (1) does not include

1. persons whose profession and the performance of which is absolutely necessary for the maintenance of the

a. functionality of the health care system, especially physicians, nurses, medical care staff and all-day care staff;

b. public safety and order;

c. diplomatic relationships;

d. functionality of legal administration;

e. functionality of democratic representation, government and administration at federal, Bundesland and district level;

f. functionality of the institutions of the European Union and of international organisations;

g. functionality of facilities providing services of general interest (energy, heat and water supply, sewage treatment, waste disposal);

the absolute necessity must be certified by the employer or client.

2. persons entering because of

a. a visit to first-degree relatives, to a spouse or life partner not belonging to the same household, or because of a shared custody or access right;

b. urgent medical treatment;

c. care or assistance of persons in need of care or assistance;

3. police officers returning from duty abroad;

4. persons who have stayed for up to five days in a high-risk area for absolutely necessary professional reasons due to their training or studies and enter the Federal Republic of Germany; the absolute necessity must be certified by the employer, client or educational institution;

5. persons who are accredited by the organising committee for the preparation, participation and implementation of international sports events or who are invited by a national sports association to participate in training;

6. holiday returnees from a high-risk area who, immediately before returning, have undergone a test at the site of their holiday stay with a negative COVID-19 test result, provided that

a. special epidemiological precautions were taken;

b. the infection situation in the respective high-risk area does not prevent non-fulfilment of the requirements stated in section 35 (1);

c. the Federal Office of Foreign Affairs did not issue a travel warning for the respective region because of an increased risk of infection.

This only applies if the persons have a negative COVID-19 test result on paper or in electronic form in German, English or French and if they submit this document on request without delay to the responsible authority within ten days of entry. Testing must either have been carried out no more than 48 hours before entry or must be carried out on entry into the Federal Republic of Germany. Testing must meet the requirements of the Robert Koch Institute. The test result must be retained for at least ten days after entry.

(4) Section 35 (1) does not apply to

  1. persons as listed in section 54 Infektionsschutzgesetz;
  2. members of foreign armed forces who enter or return to Germany for official purposes;
  3. persons who enter the Federal Republic of Germany for the purpose of taking up work for at least three weeks, provided that at the place where they are accommodated and work and in the first ten days after their entry, appropriate hygiene measures and precautions to avoid contact outside the working group are taken, which are comparable to the isolation orders according to section 35 (1), and provided that leaving the accommodation is only permitted for carrying out work; the employer must notify the responsible authority of the work term before it begins and documents the measures taken; the responsible authority must verify compliance with these provisions.

(5) In certain justified cases, the responsible authority may, upon request, grant further exceptions if there is a valid reason.

(6) Subsections (1) to (5) apply only if the persons do not experience symptoms of a COVID-19 infection according to the current criteria of the Robert Koch Institute. If typical symptoms of such an infection occur within ten days of entry, the responsible authority must be informed immediately.

Section 36a Reduction of the Isolation Period
(1) The isolation according to section 35 (1) may end no sooner than on the fifth day after entry, and only if a person has a negative COVID-19 test result on paper or in an electronic document in German, English or French and presents it without delay to the responsible authority on request within ten days of entry.

(2) Testing may not be carried out before the fifth day after entry into the Federal Republic of Germany. Testing must meet the requirements of the Robert Koch Institute.

(3) The test result must be kept for at least ten days after entry.

(4) The isolation according to section 35 (1) may be suspended for the time required to carry out testing according to subsection (1). Persons entitled to suspend isolation must go directly to a physician or a test centre. During the suspension of the isolation, a minimum physical distance of 1.5 metres must be maintained in public places from all persons who do not belong to the same household. In addition, during the suspension of the isolation, an obligation to wear a face mask in public places applies according to section 8 (1). The use of public transport is not permitted. After testing, the persons must immediately and directly return to their own homes or other suitable accommodation and continue the isolation.

(5) Subsection (1) applies only if the person does not show any symptoms typical of a COVID-19 infection in the sense of the current criteria of the Robert Koch Institute. If symptoms typical of such an infection occur within ten days of entry, the person must immediately inform the responsible authority.

(6) Subsections (1) to (5) shall apply to all persons stated in section 36 (4) 3.

Section 36b (cancelled)

Part 9 Restriction of Basic Rights, […] Expiry

Section 37 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 40 Expiry
(1) The Hamburg SARS-CoV-2 Containment Order of 26 May 2020 (HmbGVBl. p. 285) in the current version shall be repealed.

(2) These regulations shall expire at the end of 31 January 2021.

Issued by the Assembly of the Senate,
Hamburg, 30 June 2020.

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