Landungsbrücken

COVID-19 Corona Rules and Regulations in Hamburg

This is the draft of the corona regulations applicable from Saturday, 28 August 2021. Please note that this version is a non-official translation of the regulations in German. For more English information, please see our FAQs.

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

COVID-19 Regulations of the Free and Hanseatic City of Hamburg
These regulations are applicable from Saturday, 28 August 2021. Please note that this is a non-official translation of the regulations in German. For more English information, please see our FAQs.

Part 1 General Regulations

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

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

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

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

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

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

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

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

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

(7) For the purpose of these regulations, a high-risk area is an area according to section 2 17 IfSG with a particularly high incidence with regard to the spread of the SARS-CoV-2 coronavirus or with an increased risk of infection with the coronavirus in this area, in particular due to the rate of the spread observed there or due to insufficiently available or reliable epidemiological data. A virus variant area is an area within the meaning of section 2 17 IfSG with a specific variant of concern of the SARS-CoV-2 coronavirus which is not yet widespread in Germany if there are relevant indications or still uncertainty that

  1. certain vaccines licensed in the EU or prior infection with COVID-19 may provide no or limited protection against this variant; or
  2. it may have other similarly serious properties of concern, in particular because it may cause a more severe disease or increase mortality.

(8) For the purpose of these regulations, symptoms typical of an infection with COVID-19 are especially cough, fever, rhinitis (a runny nose and sneezing) as well as an impairment or loss of the sense of smell or taste and dyspnoea (trouble breathing).

Part 2 Physical Distancing and Contact Restrictions

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

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

  1. to members of the same household;
  2. between persons with a custody or contact relationship governed by family law; or
  3. to meetings with persons of other households;

exceptions to the physical distancing requirements according to numbers 1 to 3 apply to meetings of persons living in the same household with persons according to number 2 or 3, but only if no more than ten persons meet; children under the age of 14 are not counted; the physical distancing does also not apply if maintaining the minimum distance is not possible for technical or legal reasons.

Section 3a (cancelled)

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

  1. in the cases stated in section 3 (2);
  2. for the purpose of exercising a profession, unless otherwise restricted;
  3. for the purpose of performing duties or service as a member of the citizenry, as a member of the Hamburger Senat, as a member of the Constitutional Court, as a member of a constitutional body of the Federal Republic of Germany, as a civil servant, as a judge, as a member of a district assembly, as an ambassador or member of the consular corps as well as for the performance of duties in the public service or as an organ of the administration of justice;
  4. within the scope of participation in coping with the current situation of infections in accordance with participation in disaster control;
  5. in hospitals, medical or nursing facilities, medical offices, facilities for follow-up treatment and other health care facilities, facilities of service providers of integration assistance and youth welfare, facilities for family assistance, social assistance and counselling, and veterinary medical facilities; unless otherwise restricted;
  6. in courts of law and authorities and in other bodies or institutions performing functions of the public law; unless entering is restricted for non-officials;
  7. for press reports by representatives of the press, radio, film and other media;
  8. in the context of care and support of persons in need of assistance, including the services of sign language interpreters and persons otherwise involved in the support of persons in need of care assistance, if care and support are not otherwise possible and are not otherwise restricted;
  9. in the context of attendance at schools, youth welfare or other day-care centres, including privately organised care in small groups, as well as taking children and youths to and collecting them from these facilities; unless otherwise restricted;
  10. at events according to sections 9 and 11;
  11. at gatherings according to section 10;
  12. for the use of facilities open to the public, commercial enterprises, business premises, restaurants, accommodation or other offers open to the public, in particular those listed in these regulations, according to section 5 and the respective requirements stated in these regulations;
  13. in the context of public transport as stated in section 12;
  14. in the context of meetings between persons in prison and their immediate relatives; this includes meetings on private premises; and
  15. in state, private and confessional universities as stated in section 22, including their facilities;
  16. while doing sports and swimming according to section 20.

For numbers 2 to 9 and 15, physical distancing according to section 3 (2) does not apply. For numbers 2 to 9 and 15, section 9 does not apply.

(2) Collective stays of persons in public places, in vehicles for leisure-time purposes, or on private premises are only permitted 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. members of other households;

for meetings of persons of the same household (number 1) with persons according to number 2 or 3, no more than 5 persons in closed rooms and no more than ten persons in the open air are permitted;  children under the age of 14 are not counted; otherwise, meetings of children under the age of 14 are permitted with up to 10 individuals; it is recommended to reduce all physical contacts to an absolute minimum and comply with the general hygiene requirements. Section 4 (1) 8 and 9 apply accordingly; otherwise, these regulations shall not affect private property.

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

Section 4a Private Meetings and Celebrations

(1) 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. persons of other households;

only persons living in the same household (number 1) are allowed to meet with persons according to numbers 2 and 3, but only if no more than 10 persons meet; children of these households under the age of 14 are not counted; 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 and 9 apply accordingly.

(2) For private celebrations with up to ten persons, the requirements according to subsection (1) apply regardless of the location; the requirements specific of other locations, in particular for private celebrations in function rooms, club halls or catering facilities, shall remain unaffected.

(3) For private celebrations that go beyond the requirements of subsections (1) and (2), the general requirements for events according to section 9 apply regardless of the location, with the provision that section 9 (1) 2 shall not apply to the private host; the requirements specific of other locations, in particular for private celebrations in function rooms, club halls or catering facilities, shall remain unaffected.

(4) Otherwise, these regulations shall not affect private property.

Section 4b (cancelled)

Section 4c (cancelled)

Section 4d Ban on Alcohol Consumption in Certain Public Areas

(1) In the following public streets, squares, parks and areas, the consumption of alcoholic beverages is prohibited, with the exception of approved gastronomic services according to subsection (1b) as well as sections 15, 15a and 16 (1) 7, from Monday to Thursday from 2 p.m. to 6 a.m. the following morning, on Friday from 2 p.m., on Saturday all day, and Sunday and on holidays all day until 6 a.m. the following morning:

  1. on Reeperbahn street no. 1 to 31, including Nobistor and the Beatles-Platz squares, on Millerntorplatz square as well as on Spielbudenplatz square;
  2. on Große Freiheit street from no. 1 to 47;
  3. on Talstraße street from no. 1 to 36 and on Hamburger Berg street from no. 1 to 39;
  4. on Hans-Albers-Platz square;
  5. in the Antonipark (Park Fiction), including Bernhard-Nocht-Straße from no. 1 to 3 and St. Pauli Hafenstraße from no. 140 to 126;
    a. on Antonistraße street no. 1 to 5;
    b. on Friedrichstraße street no. 1 to 39;
  6. on Schulterblatt street from no. 1 to 106;
  7. on Susannenstraße street;
  8. on Bartelsstraße street from no. 63 to 1
  9. on Schanzenstraße street from no. 1 to 121;
  10. on Neuer Kamp street no. 30 (Lattenplatz);
  11. in Neuer Pferdemarkt park;
  12. on Beim Grünen Jäger street from no. 1 to 16;
  13. on Wohlwillstraße street from no. 29 to 55;
  14. on Paulinenplatz square and on Paulinenstraße street from no. 8 to 18;
  15. on Paul-Roosen-Straße street from no. 4 to 49;
  16. on Clemens-Schultz-Straße street from no. 1 to 56;
  17. on Wohlers Allee street in front of no. 78;
  18. in Schanzenpark;
  19. in Wohlers Park;
  20. in Emil-Wendt-Park;
  21. on Hansaplatz square, including the following areas:

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

  22. on Steindamm street from Steintorplatz up to no. 33;
  23. on Harvestehuder Weg street from no. 1a to 78b along the Alster lake banks including the adjacent parks “Alstervorland” and “Eichenpark”, on Krugkoppelbrücke street, on Alsterufer street up to no. 1 including the adjacent parks and lake banks, on Kennedybrücke street including the adjacent parks and lake banks;
  24. along the walkways surrounding the inner Alster lake (Binnenalster), on Jungfernstieg, Lombardsbrücke and Ballindamm streets;
  25. on Jungfernstieg street from no. 1 to 32 including the Alster piers;
  26. on Ballindamm street in front of no. 40, in the area between Ballindamm and Bergstraße streets;
  27. on Landungsbrücken piers 1 to 10 as well as the Überseebrücke pier;
  28. on Bornsteinplatz square;
  29. on Alma-Wartenberg-Platz square, including Bahrenfelder Straße street from no. 135 to 146 and from no. 183 to 188, on Kleine Rainstraße street from no. 3 to 6, on Nöltingstraße street from no. 5 to 12, on Friedensallee street from no. 7 to 14, on Bergiusstraße street up to no. 7 as well as on Piependreiherweg street and Nöltingstraße street from Alma-Wartenberg-Platz square up to no. 50;
  30. in Jenischpark.
  31. on Neuer Kamp street from no. 1 to 32, including the areas in front of U Feldstraße underground train stop;
  32. on Max-Brauer-Allee steet from no. 200 to 279;
  33. on Altonaer Straße street from no. 1 to 67;
  34. on Sternschanze street from no. 1 to 9 including the area in front of the S/U Sternschanze strain stops.

(1a) In the areas stated in (1) 1 to 16 and 31 to 34, on Fridays, Saturdays and on days preceding holidays between 8 p.m. and 6 a.m. the following morning, the following requirements apply:

  1. retail businesses may not sell alcoholic beverages, regardless of their form of distribution;
  2. in restaurants, cafés, bars and similar gastronomic facilities, alcoholic drinks may only be distributed to clients sitting at their table; the distribution or sale of alcoholic drinks for take away is prohibited; for the distribution of alcoholic drinks, the requirements of section 15 (4) apply;
  3. carrying alcoholic drinks is prohibited; this does not apply to persons living in the areas stated above if they carry their drinks in closed containers, such as bottles, cans or boxes.

(1b) Restaurants, cafés, bars and similar gastronomic facilities as well as facilities for dancing events according to section 15a in the areas stated in (1) 1 to 16 and 31 to 34 may not distribute alcoholic beverages in their outdoor areas between 11 p.m. and 6 a.m. the following morning; the requirements according to section 15 (4) for the temporal limitation of the opening hours of indoor areas of gastronomic facilities shall remain unaffected.

(1c) In the Stadtpark Hamburg public park, subsections (1) and (1a) apply, with the provision that the requirements and restrictions apply on Fridays, Saturdays and days preceding a bank holiday from 9 p.m. until 6 a.m. the following morning.

(1d) Whenever restaurants, cafés, bars, dance clubs and similar establishments located in areas according to subsection (1) 1 to 16 and 31 to 34 implement the 2G access plan according to section 10j, the requirements according to subsection (1a) 2 as well as subsection (1b) shall not apply.

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

Section 4e (cancelled)

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

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

Part 3 General Requirements

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

  1. all attendants must comply with the physical distancing requirements according to section 3 (2); section 4 (1) sentence 2 applies accordingly;
  2. access for persons must be limited and monitored in such a way that all attendants on the area available are able to maintain the physical distancing requirement according to section 3 (2);
  3. persons experiencing symptoms typical of a COVID-19 infection according to section 2 (8) must not enter the premises;
  4. if queues are formed, suitable technical or organisational precautions must be taken to ensure that persons are able to comply with the physical distance requirements according to section 3 (2);
  5. in enclosed spaces, facilities for washing or disinfecting the hands must be provided;
  6. frequently touched surfaces and sanitary facilities must be cleaned regularly;
  7. in enclosed spaces, adequate ventilation must be ensured to reduce the risk of infection.

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

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

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

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

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

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

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

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

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

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

(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 (plausibility check); if a software application according to subsection (1) sentence 2 is used, this plausibility check must be fulfilled by the person responsible for the correct implementation of the software. Person who refuse to have their contact details collected or who provide obviously incomplete or incorrect data must be excluded from visiting or using the facility, business premises, restaurant, accommodation or shop, or from participating in the event. Whenever contact details are transmitted to a person collecting the data, the person visiting or participating is required to provide the information completely and truthfully.

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

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

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

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

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

Section 9 General Regulations for Organising Events

(1) Holding events is permitted for the following maximum numbers of participants:

  1. outdoors with fixed seating: no more than 500 participants;
  2. outdoors without fixed seating: no more than 250 participants;
  3. in closed rooms with fixed seating: no more than 100 participants;
  4. in closed rooms without fixed seating: no more than 50 participants.

For holding events, the following requirements apply:

  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, there is an obligation for all persons present in closed rooms to wear a medical face mask according to section 8, with the provision that speakers or performers may take off their face masks while speaking or performing, or while consuming goods at the fixed seat or standing place;
  6. dancing is prohibited for the persons attending; this does not apply to the organisation of dancing events according to section 15a;
  7. (cancelled)
  8. seating and standing places must be arranged in a way that all persons present can maintain the physical distancing requirements according to section 3 (2), with the provision that the physical distancing requirement on fixed seats may also be maintained by leaving one spare seat to the left and right, and to the front and behind the respective seat; this does not apply to persons according to section 3 (2);
  9. for event in closed rooms, entry may only be granted to persons who are able to present a negative test result according to section 10h.

To sales stalls and catering, sections 13 and 15 apply respectively, with the provision that the consumption is only permitted at the fixed seat or standing place. Provided that the organiser ensures, following the 2G access plan according to section 10j, that during the event only persons are present who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, these persons are not affected by the physical distancing requirements according to number 1 and section 5 (1) 1 as well as the requirements according to numbers 8 and 9; sentence 1 applies with the provision that the number of permissible participants is tripled in each case.

(2) Notwithstanding subsection (1), upon prior application the responsible authority may authorise a greater number of participants for events in special individual cases; the following conditions must be met in addition to the requirements of subsection (1) sentences 2 and 3:

  1. the event venue must have secure entrance and exit areas allowing for a segmentation of the flow of the audience in the entry and exit areas;
  2. (cancelled)
  3. the infection control concept according to section 1 number 2 must contain specifications of the arrangements of the seats and standing places, the segmentation of the flow of the audience in the entrance and exit areas, the sanitation and the general hygiene requirements;
  4. closed rooms must have ventilation systems that significantly reduce the risk of infection with the SARS-CoV-2 coronavirus according to the current state of the art; compliance with the state of the art shall be assumed if the respective recommendations of the Umweltbundesamt (German Environment Agency) and the general technological rules are complied with.
  5. the implementation of the event must be justifiable from an infection control point of view at the current epidemiological situation.

The organiser must deny apparently intoxicated person the entry to the event. The responsible authority shall determine the permissible number of participants in the permission, with respect to the maintenance of the physical distancing requirements. When determining the permissible number of participants, the capacities of the entrances and exits, the sanitary facilities and the gastronomical facilities at the venue as well as the capacities of the local public transport system and existing parking facilities for cars in the vicinity of the venue must be taken into account. The fact that the organiser ensures, according to the 2G access plan in accordance with section 10j, that during the event only persons are present who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18 may also be taken into consideration. The permission may be subject to infection control requirements. In particular, these requirements may contain restrictions on the occupancy of existing seats and standing places and provisions on the spatial distribution of the seats and standing places set up separately for the eventas well as restrictions on the distribution and consumption of alcoholic beverages. The permission may also be granted to a series of events of the same kind at the same venue or location. The permission may be revoked if the epidemiological situation deteriorates after the time of granting the permission to such an extent that the holding of the event is no longer justifiable from the point of view of infection control. The responsible local health office must be involved in the approval procedure.

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), the requirements of subsections 2 to 5 apply.

(2) For open-air gatherings, 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;
  3. for gatherings with more than 500 participants, 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; for gatherings with less than 500 participants, the organiser of the gathering must draft an infection control concept according to section 6 if this is requested by the responsible authority.

(3) For gatherings in closed rooms, the following requirements apply:

  1. gatherings with more than 300 participants are generally prohibited; they may be permitted by the responsible authority in special cases upon request if the organiser of the gathering can present an infection control concept according to section 6 and if the implementation of the gathering is justifiable from an epidemiological point of view; the permission may be subject to further restrictions, in particular for the total number of participants, and for place, duration and manner of implementation of the gathering;
  2. the general hygiene requirements according to section 5 (1) must be met;
  3. the organiser of the event must draft an infection control concept according to section 6;
  4. all participants must wear a medical face mask according to section 8, with the provision that the face mask may be removed by persons speaking publicly.

(4) The responsible authority or the police may issue further restrictions to a gathering for the purpose of containing the spread of the SARS-CoV-2 coronavirus. The police may end a gathering if:

  1. it is without prior notification according to subsection (2) number 1;
  2. if there is a deviation from the information given in the notification according to subsection (2) number 1;
  3. if the gathering fails to comply with the restrictions specified in subsection (2) 2 and 3 or subsection (3) 2 to 4;
  4. if there is no justifiable exception as specified in subsection (2);
  5. if the conditions for a prohibition according to subsection (1) are met; or
  6. if the gathering fails to comply with the requirements according to sentence 1 or subsection (3) 1.

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 sentence 1, subsection (3) 1, with the hygiene requirements according to section 5 (1) 1, or with the obligation to wear a face mask according to subsection (3) 4.

(5) The Versammlungsgesetz (Assembly Act) remains unaffected.

(6) 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.

(7) 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.

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 medical face mask in all areas open to the public in accordance with § 8, unless otherwise specified in these regulations. In buildings used by departments and other institutions of the City of Hamburg and their legal persons, all persons attending areas which are publicly accessible must wear medical face masks in accordance with section 8 with the provision that the masks may also be taken off if this is necessary for the fulfilment of sovereign functions. This does not apply to public buildings to which the provisions stated in sections 11 to 34a are applicable. […]

(2) Otherwise, the general occupational health and safety regulations and standards in combination with the sector-specific regulations of the responsible insurance provider must be implemented for all employees, unless specified otherwise in these regulations. Further legal requirements in the field of professional safety shall remain unaffected.

Section 10b Obligation to Wear Face Masks in Certain Streets, Squares and Areas
(1) (cancelled)

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

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

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

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

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

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

  1. 1.      the owner of the business must include in the infection control concept of the business according to section 6 a concept for testing their employees for direct pathogen detection of the SARS CoV-2 coronavirus, in which testing of the employees by means of an antigen rapid test or PCR test according to section 10d must be provided twice per week (business testing concept); if the professional activities are performed on more than two days per week, the testing must commence on two non-consecutive days;

  2. the tests and their results must be documented in written or electronic form (test log).

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

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

(4) Persons with valid proof of vaccination according to section 2 (5) or proof of recovery according to section 2 (6) are exempt from business-specific testing according to subsection (1); this does not apply to persons who show symptoms typical of an infection with COVID-19 according to section 2 (8) or who have tested positive for the SARS-CoV-2 coronavirus.

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

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

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

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

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

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

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

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

  1. only a negative test result by means of PCR testing or antigen rapid testing carried out by service providers as stated in section 6 (1) Corona-Testverordnung shall be considered as sufficient test evidence; testing serving as a basis of the test result must have been carried out no more than 48 hours (PCR testing) or no more than 24 hours (antigen rapid testing), respectively, prior to entering or using any such public facility or service; the test result must be made accessible in written or electronic form;
  2. additionally, an antigen rapid test shall also suffice as a valid test result if it is carried out on site immediately before entering or using any such public facility or service; the rapid testing must be carried out by professionally trained persons or under the supervision of professionally trained persons.

Otherwise, the provisions of section 10d apply. Unless specified otherwise in these regulations, children under the age of seven are exempt from the requirement to provide a negative test result for SARS-CoV-2; this exemption also applies to children who undergo testing twice or more times per week at school.

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

(3) The use of a negative test result according to subsection (1), or proof of vaccination or recovery according to section 2, by persons who show symptoms typical of an infection with COVID-19 according to section 2 (8) is not permitted. The use of proof of vaccination or recovery according to section 2, by persons who have tested positive for a current infection with the SARS-CoV-2 coronavirus.

Section 10i Testing Records for Businesses

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

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

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

Section 10j Public Activities for Vaccinated and Recovered Persons Only (2G Access Plan)

(1) Wherever these regulations provide exemptions from the requirements of these regulations for the operation of public facilities, commercial or business premises, restaurants, tourist accommodation other offers with public access if it is ensured that all persons present hold valid proof of vaccination according to section 2 (5) or valid proof of recovery from an infection with COVID-19 according to 2 (6) or who are under the age of 18 (2G access plan), the following requirements apply:

  1. entry to the establishment, facility or venue or participation in the activity is permitted only for persons who hold a valid proof of vaccination according to section 2 (5) or valid proof of recovery from an infection with COVID-19 according to 2 (6), in connection with a valid ID card or passport, or for persons who can proof by way of their ID card or passport that they are under the age of 18;
  2. the proof according to number 1 must be presented upon request to the operator, the organiser or the service provider before entering the establishment, facility or venue before entry or taking part in the activity, as well as to the responsible authority;
  3. the obligation to provide proof according to number 1 shall also apply to all persons employed or otherwise working in the establishment, facility or at the venue who are present on the same premises or in the same areas as clients, visitors, guests, participants or other persons who make use of the respective offer or activity;
  4. the owner of the establishment, the operator, the organiser or the service provider must ensure by means of effective access control that the requirements according to numbers 1 to 3 are complied with; in this context, compliance with the requirements must be checked from person to person;
  5. the owner of the establishment, the operator, the organiser or the service provider must indicate in a suitable, clearly recognisable manner that the offer or activity is aimed exclusively at persons fulfilling the requirements of number 1;
  6. the owner of the establishment, the operator, the organiser or the service provider must notify the responsible authority in advance that the offer or activity is aimed exclusively at persons fulfilling the requirements of number 1 and must ensure compliance with the requirements according to numbers 1 to 5; the notification must be transmitted electronically via the website http://www.hamburg.de/Zwei-G-Zugangsmodell-Anzeige (German only); operating the business, facility or venue under the 2G access plan is only permitted after successful transmission of the notification.

The requirements according to numbers 1, 2 and 4 must be fulfilled by using suitable software applications by means of which the coronavirus vaccination certificate is presented by the respective person and verified, in combination with an official photo ID, by the person responsible for access control; it is recommended that the software application CovPassCheck, published by the Robert Koch Institute for this purpose, should be used for access control.

(2) In the event of a breach of the requirements of these regulations, the responsible authority may temporarily or permanently prohibit the owner, operator, organiser or service provider from operating the establishment, facility, business, restaurant, accommodation or other activity with public access in accordance with the 2G access plan.

Part 4 Requirements Specific of Location

Section 11 Religious Events and Funeral Services
(1) For religious events or gatherings in churches, mosques or synagogues, for religious events or gatherings in religious meeting places of other denominations or ideological communities as well as for corresponding open-air events, the general hygiene requirements according to section 5 apply. An infection control concept must be drafted according to section 6. Section 9 does not apply. In closed rooms, all persons present must wear a medical face mask in accordance with section 8, with the provision that performers may take off their face masks during the performance of liturgical or other comparable acts. Collective singing in the congregation is prohibited; this does not apply if the singers wear medical face masks according to section 8 while singing or follow the restrictions for choir rehearsals according to section 19 (2) in connection with section 19 (1). 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. As far as it is ensured, according to the 2G access plan in accordance with section 10j, that during the religious event or gathering only persons are present who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, sentences 5 and 6 do not apply.

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

Section 12 Public Transport, Touristic City Tours and Harbour Cruises

(1) While using public transport facilities according to section 2 (3), all clients and visitors must wear a medical face mask according to section 8. If public passenger transport is carried out in passenger cars, driving staff must wear a medical face mask according to section 8. The physical distancing requirements according to section 3 (2) apply unless restricted by the spatial conditions. Persons experiencing symptoms typical of an infection with COVID-19 must not enter the facility or vehicle; 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.

(2) For touristic city tours and harbour cruises both by water and by land and similar cruises for touristic purposes, the requirements of subsection (1) apply. In addition, the contact details of the participants must be collected according to section 7. For gastronomic facilities, section 15 applies accordingly. As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that during the touristic city cruise or harbour cruise or a similar activity only persons are present who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, subsection (1) sentence 1 does not apply in the open air; section 15 (1a) does not apply.

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

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

(2a) Public access must be monitored by suitable technical or organisational measures in such a way that the number of clients present must be limited to one client per 10 square metres of the publicly accessible sales area. Shopping centres and malls, the total sales area applies. Facilities with less than 10 square metres of area open to public access may grant access to one customer plus any necessary accompanying person according to section 4 (1) 8. The obligation to limit public access does not apply to operators of sales stalls at regular outdoor markets.

(2b) (cancelled)

(2c) (cancelled)

(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 13a Trade Fairs

For trade fairs and exhibitions, the following requirements apply:

  1. the general hygiene requirements according to section 5 must be met;
  2. an infection control concept according to section 6 must be drafted;
  3. contact details must be collected according to section 7;
  4. participation is allowed only upon prior registration and appointment;
  5. for all persons present in closed rooms, the obligation to wear a medical face mask according to section 8 applies;
  6. entry may only be granted to clients after they have tested negative for the SARS-CoV-2 coronavirus according to section 10h; this does not apply if the offers take place in the outdoors only.

(2) Public access must be monitored by suitable technical or organisational measures in such a way that the number of clients present must be limited to one client per 10 square metres of the publicly accessible sales area.

(3) As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that during the trade fair only persons are present who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to subsection (1) 1 in connection with section 5 (1) 1 as well as the requirements according to subsection (1) 6 and subsection (2) as well as section 9 (1) 1 do not apply.

Section 14 Body Care and Hygiene Services

For body care services, especially beauty studios, massage parlours, tattoo studios, hairdressing services and podiatry, the following rules shall apply:

  1. the general hygiene requirements according to section 5 must be met;
  2. an infection control concept according to section 6 must be drafted;
  3. contact details must be collected according to section 7;
  4. all services may only be provided upon arrangement with individual appointment;
  5. for all persons present in closed rooms, the obligation to wear a medical face mask applies, with the provision that the face mask may be removed if this is absolutely necessary for the service;
  6. the infection control concept according to section 6 must contain a business-specific concept for testing for the SARS-CoV-2 coronavirus according to section 10e,
  7. all services may only be provided after the client can present evidence of testing negative for the SARS-CoV-2 coronavirus according to section 10h.

Section 14a Sex Work and Sexual Services

Sex work facilities under licence according to section 2 (4) and section 12 (1) ProstSchG (Prostitutionsschutzgesetz) the following requirements apply:

  1. the general hygiene requirements according to section 5 apply; in addition, towels and bedding (sheets, uncovered blankets and duvet covers, pillow cases) must be changed after each sexual service provided, and frequently touched surfaces must be cleaned, in particular all surfaces and objects (including sex toys), must be disinfected; objects for which adequate disinfection cannot be ensured must be used specific to individual persons or as disposable products and must then be stored and labelled separately or, in the case of disposable products, be disposed of;
  2. an infection control concept must be drafted according to section 6;
  3. the clients' contact details must be collected according to section 7;
  4. access by clients is only permitted upon prior appointment or registration;
  5. access to the services is only permitted for persons who are able to present a negative test result according to section 10h;
  6. during their stay in the sex work facility, clients and sex workers must wear face masks according to section 8;
  7. the infection control concept must contain a business-specific testing concept according to section 10e, with the provision that testing must be implemented on each day of active work;
  8. alcohol and other substances that increase the breathing rate may not be offered or consumed.

If the sex work facility has swimming pools, saunas, steam baths or whirlpools, the requirements of section 20 (3) apply accordingly. For gastronomical services on the premises, the requirements of section 15 apply accordingly.

(2) For the arrangement of sexual services according to section 2 (7) ProstSchG, the following requirements must be met:

  1. the general hygiene requirements according to section 5 must be met;
  2. an infection control concept according to section 6 must be drafted;
  3. the clients’ contact details must be collected according to section 7; the place where the service is used must be included in the records;
  4. meetings between sex workers and clients may only be carried out after prior telephone or digital arrangement;
  5. no arrangements may be made with any person experiencing symptoms typical of an infection with COVID-19 according to section 2 (8); they must be excluded from sexual services; prior telephone or digital clarification is mandatory;
  6. clients and sex workers must wear face masks according to section 8 (1);
  7. using the services is only permitted for persons who are able to present a negative test result according to section 10h.

(3) When providing sexual services or arranging sexual services outside sex work facilities under license, the following requirements must be complied with:

  1. the general hygiene requirements according to section 5 apply; in addition, towels and bedding (sheets, uncovered blankets and duvet covers, pillow cases) must be changed after each sexual service provided, and frequently touched surfaces must be cleaned, in particular all surfaces and objects (including sex toys), must be disinfected; objects for which adequate disinfection cannot be ensured must be used specific to individual persons or as disposable products and must then be stored and labelled separately or, in the case of disposable products, be disposed of;
  2. an infection control concept must be drafted according to section 6;
  3. the clients’ contact details must be collected according to section 7; the place where the service is used must be included in the records;
  4. meetings between sex workers and clients may only be carried out after prior telephone or digital arrangement;
  5. no arrangements may be made with any person experiencing symptoms typical of an infection with COVID-19 according to section 2 (8); they must be excluded from sexual services; prior telephone or digital clarification is mandatory;
  6. using the services is only permitted for persons who are able to present a negative test result according to section 10h;
  7. clients and sex worker must be able to wash or disinfect their hands;
  8. clients and sex workers must wear face masks according to section 8 (1);
  9. the infection control concept must contain a business-specific testing concept according to section 10e, with the provision that testing must be implemented on each day of active work;

(4) Sexual services permitted in these regulations may only take place between one sex worker and one client. Other persons may not be present in the same room.

(5) Events including sexual services as stated in section 2 (6) ProstSchG are not permitted. Vehicles may not be made available for use for the performance of sexual services as stated in section 2 (5) ProstSchG.

Section 15 Restaurants and Similar Catering Facilities

For the operation of restaurants, staff canteens, and similar gastronomic facilities in which food and drink is distributed for on-site consumption, the following requirements apply:

  1. the general hygiene requirements according to section 5 must be met;
  2. an infection control concept according to section 6 must be drafted;
  3. contact details must be collected according to section 7;
  4. consumption is only permitted at the tables;
  5. seating and standing places for the guests must be arranged in a way that the physical distancing requirements be maintained between persons according to section 3 (2), unless there are separating elements to reduce the risk of infection significantly;
  6. only persons according to section 3 (2) sentence 2 may be seated at the same table;
  7. service in indoor areas is only permitted if the client is able to present a negative test result according to section 10h;
  8. the infection control concept according to section 6 must contain a business-specific testing concept according to section 10e, with the provision that only those persons are required to test regularly who work in areas with frequent contact to clients;
  9. for all persons present in closed rooms, the requirements to wear a medical face mask according to section 8 applies, with the provision that clients may remove the face masks while seated at their table; the manager must ensure that all members of staff comply with the requirement to wear a medical face mask according to section 8; the obligation to wear a medical face mask also applies to lines and crowds forming in the entrance areas and on outside premises including parking lots;
  10. dancing activities are prohibited with the exception of dancing events in accordance with section 15a;

  11. shishas and hookahs may only be provided and used in outdoor areas; it must be ensured that shishas and hookahs are only used by one and the same person, that disposable hoses and mouth pieces must be used and that the shishas and hookahs are cleaned after each use.

Numbers 3 and 7 do not apply to staff restaurants without public access, canteens in medical or care facilities or to gastronomic facilities of care service providers as well as to services offers for persons experiencing homelessness.

(1a) As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present in the restaurant who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to subsection (1) 1 in connection with section 5 (1) 1 as well as the requirements according to subsection (1) 4, 5, 6, 7 and 11 and subsection (4) as well as section 4d (1a) 2 and (1b) do not apply; subsection (1) 9 applies with the provision that guests may remove their masks while seated or on fixed standing places.

(2) Food and drink collected for take away may not be consumed on site or in the immediate vicinity. Subsection (1) 3 to 7 do not apply to the sale of food and beverages for take away.

(3) The sale and distribution of alcoholic beverages for take away 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) The operation of indoor areas of gastronomic facilities for the public, including private circles, is prohibited in the period between 11 p.m. and 5 a.m. the following morning. Food delivery and the sale of food for collection from the restaurant remain permitted.

(5) For club rooms and community areas in sports and culture clubs, the requirements of subsection (1) to (4) apply accordingly.

(6) Dancing events, especially in clubs, discotheques and music venues may not be hosted, neither in the open air nor indoors.

Section 15a Dancing Events

Events involving dancing, specially in clubs, discotheques and live music venues may not be held in closed rooms. For the implementation of open-air dancing events, the following requirements apply:

  1. the general hygiene requirements according to section 5 must be met;
  2. an infection control concept according to section 6 must be drafted;
  3. the infection control concept according to section 6 must contain a testing concept according to section 10e;
  4. contact details must be collected according to section 7;
  5. the organiser must deny obviously intoxicated persons entry to the event;
  6. entry may only be granted to persons who are able to present a negative test result according to section 10h;
  7. the total number of participants must be limited to 250 persons and monitored and limited by technical or organisational measures in such a way that all persons present can maintain the physical distancing requirements according to section 3 (2) on the entire premises of the venue at all times;
  8. the consumption of food and drink is permitted only at the tables;
  9. in order to use the sanitary facilities on the premises, closed rooms may be entered, provided that the physical distancing requirements are complied with;
  10. an extended physical distance of 2.5 metres must be maintained between the audience and the stages used for performances;
  11. it must be ensured that shishas and hookahs are only used by one and the same person, that disposable hoses and mouth pieces must be used and that the shishas and hookahs are cleaned after each use.

Otherwise, section 15 (1) and section 9 shall not apply.

(2) As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that during the event only persons are present who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to subsection (1) 1 in connection with section 5 (1) 1 as well as the requirements according to subsection (1) 6 to 10 as well as section 4d (1a) 2 and (1b) do not apply; the total number of participants permitted must be limited to 750 persons in the outdoors and 150 persons in closed rooms; in closed rooms, the obligation to wear medical face masks according to section 8 applies, with the provision that guests may remover their masks while seated or on fixed standing places.

Section 16 Accommodation; Clearance of Cruise Ships

For accommodation in hotels, holiday homes, on campsites or in similar establishments, the following requirements apply:

  1. the general hygiene requirements according to section 5 must be met;
  2. an infection control concept according to section 6 must be drafted;
  3. contact details must be collected according to section 7;
  4. for all persons present in closed rooms, the obligation to wear a medical face mask according to section 8 applies; this does not apply to the individual guest rooms and while eating and drinking at the table;
  5. accommodation may only be granted to persons able to show a negative test result according to section 10h; testing negative must be repeated after every 72 hours;
  6. dormitories must not be provided for more than 4 persons;
  7. for restaurants, cafeterias and similar catering facilities, the requirements of section 15 apply, with the provision that section 15 (1) 3 and 7 do not apply to registered guests;
  8. (cancelled);
  9. the infection control concept according to section 6 must contain a testing concept according to section 10e, with the provision that only those members of staff are subject to the testing requirements who have regular contact to guests.

(1a) As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present in the facility who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to subsection (1) 1 in connection with section 5 (1) 1 as well as the requirements according to subsection (1) 5 and 6 do not apply; section 15 (1a) and section 15a (2) apply accordingly.

(2) For the clearance of cruise ships as well as their stay on waterways within the City of Hamburg, subsection (1) 4, 6, 7 and 9 apply accordingly. When boarding a cruise ship in order to start a cruise, all passengers must be able to present a negative test result according to section 10h. Subsection (1) sentence 2 applies accordingly.

(3) Notwithstanding subsection (1) 6, the accommodation of youth groups in youth hostels and similar facilities shall be permissible in the context of integration and work activities for children and young adults and in the context of trips organised by kitas. For gastronomic facilities, the requirements of section 15 (1) 5 and 6 do not apply to members of the group. This does not apply to members of different groups; between members of different groups, the physical distancing requirements according to section 3 (2) apply. If after testing according to subsection (1) 5 positive test results should occur among member of the group, the manager of the youth hostel or similar facility must provide for the isolation of the person(s) affected according to section 10g.

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

(5) (cancelled)

Section 17 Facilities for Leisure Activities and Guided Tours
(1) For leisure activities, unless specified otherwise in these regulations, the following requirements apply:

  1. the general hygiene requirements according to section 5 must be met;
  2. an infection control concept according to section 6 must be drafted;
  3. contact details must be collected according to section 7;
  4. for all persons present in closed rooms, the obligation to wear a medical face mask according to section 8 applies;
  5. for activities, for which an increased emission of breathing air is to be expected, the persons present must maintain an extended physical distance of 2.5 metres to each other; the exceptions of section 3 (2) apply accordingly;
  6. activities in closed rooms may only be offered to persons able to present a negative test result according to section 10h;
  7. for group activities the group size must be limited in a way that the group members are able to maintain the physical distancing requirements according to section 3 (2);

  8. the entrance area to the premises must be monitored in such a way that the persons present are able to maintain the physical distancing requirements according to section 3 (2) and groups of persons according to number 7 are separated from other groups; for the access to activities in closed rooms, the requirements of section 13 (2a) apply accordingly.

As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present in the activity who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to subsection (1) 1 in connection with section 5 (1) 1 and according to sentence 1 number 5 as well as the requirements according to sentence 1 numbers 6 to 8 do not apply.

(2) (cancelled)

(3) For touristic guided tours, especially guided city tours, the following requirements apply:

  1. the general hygiene requirements according to section 5 must be met;
  2. an infection control concept according to section 6 must be drafted;
  3. contact details must be collected according to section 7;
  4. the total number of participants in guided group tours must be limited in such a way that all participants are able to maintain the physical distancing requirements according to section 3 (2);

  5. for all activities in closed rooms, the obligation to wear a medical face mask according to section 8 applies;
  6. activities in closed rooms may only be offered to persons able to present a negative test result according to section 10h;

As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present during the service who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to sentence 1 number 1 in connection with section 5 (1) 1 as well as the requirements according to sentence 1 numbers 4 to 6 do not apply.

Section 18 Cultural Facilities

(1) For the operation of theatres, opera houses, concert halls, live music venues, musical stages, cinemas, planetariums and literature houses, the following requirements apply:

  1. the general hygiene requirements according to section 5 apply;
  2. an infection control concept must be drafted according to section 6;
  3. contact details must be collected according to section 7;
  4. for all persons present in closed rooms, the obligation to wear a medical face mask according to section 8 applies;
  5. seats must be arranged in a way that the physical distancing requirements according to section 3 (2) can be maintained;
  6. entry is only permitted for persons who can present a negative test result according to section 10h;
  7. an extended physical distance of 2.5 metres must be maintained between the audience and the stages used for performances.

The physical distancing requirements can be met by arranging the seating in a way that the seat to the left and right, in front of and behind a reserved seat remain free; persons according to section 3  (2) may be seated next to each other. For gastronomical facilities and restaurants located on the premises, especially for dinner plays, section 15 applies accordingly, with the provision that food and drink may be consumed while seated on the reserved seat. For retail outlets located on the premises, section 13 applies. Section 9 (1) does not apply to indoor events. For outdoor events in the facilities stated in sentence 1, the requirements according to section 9 apply. As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present in the facility who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to sentence 1 number 1 in connection with section 5 (1) 1 as well as the requirements according to sentence 1 numbers 5 to 7 do not apply.

(2) With respect to the requirements of subsection (1), music venues may hold concerts, shows or similar events, with the provision that there must be fixed seating for the audience; dancing events or activities may only be carried out in accordance with section 15a. As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present during the event who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to subsection (1) 1 in connection with section 5 (1) 1 as well as the requirements according to subsection (1) 5 to 7 do not apply; both seating and standing places shall be permitted; section 18a (1) sentence 4 applies accordingly; for dancing activities, the requirements according to section 15a (2) apply.

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

  1. the general hygiene requirements according to section 5 apply;
  2. an infection control concept must be drafted according to section 6;
  3. contact details must be collected according to section 7;
  4. all persons present in closed rooms must wear a medical face mask according to section 8; in all outdoor areas, an obligation to wear a face mask applies on Saturdays, Sundays and on holidays from 10 a.m. to 6 p.m.;
  5. activities in closed rooms may only be offered to persons able to present a negative test result according to section 10h;

  6. the total number of participants in guided group tours must be limited in such a way that all participants are able to maintain the physical distancing requirements according to section 3 (2);

As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present on the premises who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to sentence 1 number 1 in connection with section 5 (1) 1 as well as the requirements according to sentence 1 numbers 5 and 6 do not apply.

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

  1. the general hygiene requirements according to section 5 apply;
  2. an infection control concept must be drafted according to section 6;
  3. contact details must be collected according to section 7;
  4. all persons present in closed rooms must wear a medical face mask according to section 8;
  5. the total number of participants in guided group tours must be limited in such a way that all participants are able to maintain the physical distancing requirements according to section 3 (2);

  6. (cancelled)
  7. for the access of person to closed rooms, the requirements of section 13 (2a) apply accordingly.

For libraries which are only open for ordering and picking up media, the requirements of numbers 3 and 6 do not apply. As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present in the facility who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to sentence 1 number 1 in connection with section 5 (1) 1 as well as the requirements according to sentence 1 numbers 5 and 6 do not apply.

Section 18a Sport Events in Front of an Audience

(1) For sport events in front of an audience in facilities that suit this specific purpose, especially stadiums and gymnasiums, the following requirements apply:

  1. the general hygiene requirements according to section 5 apply;
  2. an infection control concept must be drafted according to section 6; the concept must contain specifications concerning the spatial distribution of the seats, the monitoring and segmentation of the flow of the audience in entrance and exit areas, the sanitary facilities and the general hygiene measures on site;
  3. contact details must be collected according to section 7;
  4. the venue must have secured access for monitoring and segmentation in the entrance and exit areas;
  5. the audience must stay in fixed seats or standing places, which must be arranged in a way that the audience can maintain the physical distancing requirements according to section 3 (2); the physical distancing requirements can be met by arranging the seating in a way that the seat to the left and right, in front of and behind a reserved seat remain free; persons according to section 3 (2) may be seated next to each other;
  6. all persons present in closed rooms must wear a medical face mask according to section 8, with the provision that the face masks may be removed by the persons exercising sports and the persons necessary for supervision as well as while consuming food or drink according to sentence 2;
  7. tickets for admission may only be sold in advance;
  8. access may only be granted to persons who are able to present a negative test result according to section 10h; this does not apply if the event takes place exclusively outdoors;
  9. between the audience and areas in which sport is exercised, there must be an extended physical distance of at least 2.5 metres;
  10. there may be no more than 650 members of the audience;
  11. (cancelled)
  12. closed rooms must have sufficient technological means of ventilation to reduce the infection with the SARS-CoV-2 coronavirus significantly; compliance with the technological state of the art will be assumed if the recommendations of the ministry of the environment and the generally applicable rules for the technological means can be proved to be met.

For gastronomical facilities and restaurants located on the premises, sections 13 and 15 apply accordingly, with the provision that consuming food and drink is only permitted at the assigned seat or standing place. Section 9 (1) does not apply. As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present during the event who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to sentence 1 number 1 in connection with section 5 (1) 1 as well as the requirements according to sentence 1 numbers 5 and 8 to 10 do not apply; in closed rooms the audience may not be greater than 1300 persons, in the open air the audience may not be greater than 2000 persons.

(2) Notwithstanding subsection (1) 10, upon application by the authority responsible for sports in special cases a greater audience may be permissible if the requirements of subsection (1) and the following requirements are complied with:

  1. closed rooms must be equipped with ventilation devices of the current state of the art to reduce the risk of an infection with the SARS-CoV-2 coronavirus significantly; compliance with the current state of the art is assumed if the recommendations of the Federal Ministry for the Environment and the general technological requirements are met;
  2. the implementation of the event must be in line with the current requirements from an epidemiological point of view.

The organiser shall deny access to persons who are clearly intoxicated. The authority responsible for sport shall determine the permissible number of spectators in the permission according to sentence 1, taking into account the physical distancing requirements. When determining the permissible number of spectators, the capacities of the entrances and exits, the sanitary facilities and the catering facilities of the venue as well as the capacities of the local public transport system and existing parking facilities for cars in the vicinity of the venue must be taken into account. If it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present during the event who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, this fact may also be taken into account. The permission may be subject to conditions in the context of infection control. In particular, these conditions may contain provisions on the arrangement of fixed seats and standing places and conditions on the spatial design of seats and standing places that are specially set up for the event as well as restrictions on the distribution and consumption of alcoholic beverages. The permission may be granted to a series of events of the same kind at the same venue or location. The permit may be revoked if the epidemiological situation deteriorates after the time of granting the permit to such an extent that the holding of the event is no longer justifiable from the point of view of infection control. The responsible health authority must be involved in the approval procedure.

(3) Running events, bicycle races or similar non-stationary sporting competitions of non-contact sports in public spaces and in the open air are permissible with no more than 250 participants. The following requirements apply:

  1. the general hygiene requirements according to section 5 apply;
  2. contact details of the participants must be collected according to section 7;
  3. the start of the athletes shall be phased in such a way that a maximum of 30 athletes start at the same time;
  4. an infection control concept according to section 6 must be drafted; in particular, the arrangement of the starting places, the phasing of the athletes at the start as well as the sanitary facilities must be outlined in this concept;
  5. participation in the event is only permissible on the basis of prior booking;
  6. for the installation of separate areas for an audience, in particular in the start and finish areas, the requirements according to section 9 apply; other gatherings of an audience in the public space must be avoided by the organiser.

As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present in the facility who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to sentence 2 number 1 in connection with section 5 (1) 1 as well as the requirements according to sentence 2 number 3 do not apply; sentence 1 applies with the provision that 750 athletes may participate. Notwithstanding sentence 1 or 3, the authority responsible for sports may, upon prior request, allow a greater number of participants if this is justifiable with respect to the current epidemiological situation as well as to the infection control concept according to sentence 2; the local public health authority and the responsible district authority must be involved in the decision. If it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present in the facility who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, this fact may be taken into account. The permission may be subject to further conditions for the protection against infections. These conditions may contain specifications of the availabilities of the fixed seating and standing places as well as of the spatial design of seating and standing places that are put up specifically for the event as well as of the distribution and consumption of alcoholic beverages. The permission may be granted to a series of events of the same kind at the same venue or location. If the epidemiological situation deteriorates after the date of approval of the protection concept to such an extent that the holding or continuation of the event is no longer justifiable from the point of view of infection protection, the authority responsible for sport may prohibit the holding or continuation of the event.

Section 18b Funfairs

(1) Traditional open-air funfairs may be held if he requirements according to sentence 5 are met and if the organiser can present an infection control concept which is approved by the authority responsible for the economy. Approval may only be granted if the holding of the funfair according to this concept is justifiable from the point of view of infection control. The local public health office and the responsible district office must be involved in the approval procedure. The infection control concept must, in particular, specify a numerical limit to the number of persons present on the fairground at the same time in compliance with the physical distancing requirements; the capacities of the entrance and exit areas, the sanitary facilities and the gastronomic facilities must also be taken into account. The following requirements apply to the holding of the funfair:

  1. the general hygiene requirements according to section 5 apply;
  2. contact details must be collected according to section 7;
  3. all persons present in closed rooms must wear a medical face mask according to section 8;
  4. dancing is prohibited for all participants;
  5. entry may only be granted to persons who can present a negative test result according to section 10h;
  6. the fairground must have secured access for monitoring and segmentation in the entrance and exit areas;
  7. access to the fairground must be monitored by suitable technological or organisational means in order for the total number of visitors to be limited to the extent that the physical distancing requirements according to section 3 (2) can be met and the total number of persons allowed on the premises as defined in the infection control concept is not exceeded;
  8. obviously intoxicated persons must be denied entry to the funfair.

For sales outlets and gastronomic facilities located on the premises, sections 13 and 15 apply accordingly. Further conditions on infection control may be issued. Section 9 (1) does not apply. As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to sentence 5 number 1 in connection with section 5 (1) 1 as well as the requirements according to sentence 5 numbers 5 and 7 do not apply; notwithstanding sentence 5 number 4, section 15a applies to dancing activities accordingly. In the process of permitting the infection control concept according to sentence 1, the responsible authority may take the case into account that the funfair is visited only by persons subject to the conditions stated in sentence 9.

(2) 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.

(3) Otherwise, public funfair events shall be prohibited.

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 of all participants 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; the face masks may be removed in examination situations and during speeches by the person speaking provided that the physical distancing requirements according to section 3 (2) are complied with;
  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;
  6. the number of participants of a study group must be limited in a way that the physical distancing requirements according to section 3 (2) can be maintained;

  7. all activities in losed rooms may only take place if the participants can present a negative test result according to section 10h; in the case of daily activities this means that at least two test results per week taken from non-consecutive days must be provided;
  8. the infection control concept according to section 6 must contain a testing concept according to section 10e.

For extracurricular catering facilities, the requirements according to section 15 apply accordingly, with the provision that section 15 (1) 3 and 7 do not apply; section 15 (1a) applies accordingly. As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to sentence 1 number 1 in connection with section 5 (1) 1 as well as the requirements according to sentence 1 numbers 4 to 7 do not apply.

(2) Artistic and musical trainings, in particular music schools, choir rehearsals, orchestra and big band rehearsals and dance schools, including voluntary group activities and non-professional rehearsals, the requirements of subsection (1) apply, with the provision that face masks may be removed while playing music or during physical activities if this is absolutely necessary; subsection 1 (8) does not apply to voluntary group activities and the non-professional rehearsals. While singing or playing wind or brass instruments as well as during activities with increased body movement and increased breathing air emissions, especially when dancing or doing ballet, the persons present in closed rooms must maintain a minimum physical distance of 2.5 metres between one another; the exception of the physical distancing requirements according to section 3 (2) apply accordingly. Subsection (1) sentence 3 applies with the provision that the extended physical distancing requirements according to sentence 3 does not apply.

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

(3) For driving lessons, section 19 (1) applies accordingly. During practical driving lessons, all persons present in closed vehicles must wear a medical face mask in accordance with section 8. The requirements of sentences 1 to 2 apply accordingly to training in flight schools. The requirements of sentence 1 apply accordingly to training on driver practise courses.

Section 20 Sports, Sports Facilities and Playgrounds

For exercising sports on and in all public and private sportsgrounds, the following requirements apply without affecting the requirements according to subsection (2) to (8):

  1. the general hygiene requirements according to section 5 apply;
  2. on private sports grounds, the users’ contact details must be collected according to section 7;
  3. the use of locker rooms, showers and bathrooms is only permitted if the physical distance can be maintained and the hygiene requirements are met;
  4. exercising sports in closed rooms is only permitted for persons who can present a negative test result according to section 10h; for instructional staff offering activities on a daily basis, this applies with the provision that test results must be provided on two non-consecutive days per week;
  5. while exercising sports, an extended physical distance of 2.5 metres to other persons must be maintained; notwithstanding the exceptions according to section 3 (2), the physical distancing requirements shall also not apply if while exercising sports, the position of the persons exercising sports and their distance to other persons does not remain stationary, in particular while exercising team sports or contact sports;
  6. equipment for sports and exercise must be arranged in an extended distance of 2.5 metres from each other;
  7. for the access of indoor activities, the requirements of section 13 (2a) apply accordingly.

As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present in the activity who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to sentence 1 number 1 in connection with section 5 (1) 1 as well as the requirements according to sentence 1 numbers 3 to 7 do not apply.

(2) Public swimming pools and thermal baths may open; the following requirements apply:

  1. the water of the swimming pools must be treated and disinfected in a way that follows the general technological guidelines; natural swimming facilities (Natur- und Sommerbäder) may also open;
  2. the general hygiene requirements according to section 5 apply;
  3. contact details must be collected according to section 7;
  4. activities in closed rooms are only permitted for persons who are able to present a negative test result according to section 10h; for instructional staff offering activities in closed rooms on a daily basis, this applies with the provision that test results must be provided on two non-consecutive days per week;

  5. an infection control concept must be drafted according to section 6; it is recommended that this concept should follow the guidelines of the Deutsche Gesellschaft für das Badewesen e.V.;
  6. while swimming, the physical distancing requirements according to section 3 (2) apply;
  7. entry and exit areas must be monitored in a way that allows the clients to maintain the minimum physical distance according to section 3 (2).

For swimming classes for children and young adults, numbers 4 and 6 do not apply. The use of saunas, steam baths and similar facilities is only permitted individually or by a group of persons according to section 3 (2). For gastronomical facilities located on the premises, sections 13 and 15 apply accordingly. As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present in the swimming activity who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to sentence 1 number 2 in connection with section 5 (1) 1 and the physical distancing requirements according to sentence 1 number 6 as well as the requirements according to sentence 1 numbers 4 to 7 do not apply.

(3) For sauna and steam bath facilities, the requirements of subsection (2a) apply accordingly. The use of saunas, steam baths and similar facilities is only permitted individually or by a group of persons according to section 3 (2). Subsection (2) sentence 5 applies accordingly. In the case of subsection (2) sentence 5, sentence 2 of this subsection does not apply.

(4) Gyms, yoga studios and similar facilities may open. 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 control concept must be drafted according to section 6;
  4. activities in closed rooms are only permitted for persons who are able to present a negative test result according to section 10h; for instructional staff offering activities in closed rooms on a daily basis, this applies with the provision that test results must be provided on two non-consecutive days per week;
  5. while attending classes or exercising sports, an extended physical distance of 2.5 metres to other persons must be maintained; notwithstanding the exceptions according to section 3 (2), the physical distancing requirements shall also not apply if while exercising sports, the position of the persons exercising sports and their distance to other persons does not remain stationary, in particular while exercising team sports or contact sports;
  6. equipment for sports and exercise must be arranged in an extended distance of 2.5 metres from each other;
  7. for the access of indoor activities, the requirements of section 13 (2a) apply accordingly; access to activities in the open air must be monitored in such a way that all persons present are able to maintain the physical distancing requirements according to section 5 anywhere on the premises;
  8. the use of locker rooms, showers and bathrooms is only permitted if the physical distance can be maintained and the hygiene requirements are met.

For gastronomical facilities and restaurants located on the premises, sections 13 and 15 apply accordingly. For sauna and steam baths located on the premises, the requirements of subsection (2) apply accordingly. The use of saunas, steam baths and similar facilities is only permitted individually or by a group of persons according to section 3 (2). As far as it is ensured by the operator of the respective sports activity, according to the 2G access plan in accordance with section 10j, that only persons are present in the sports or other activity who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to sentence 1 number 1 in connection with section 5 (1) 1 and the physical distancing requirements according to sentence 1 number 5 as well as the requirements according to sentence 1 numbers 4 and 6 to 8 do not apply.

(5) Prescribed 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. an infection control concept must be drafted according to section 6;
  4. while attending classes or exercising sports, an extended physical distance of 2.5 metres to other persons must be maintained; notwithstanding the exceptions according to section 3 (2), the physical distancing requirements shall also not apply if while exercising sports, the position of the persons exercising sports and their distance to other persons does not remain stationary, in particular while exercising team sports or contact sports.

As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only persons are present in the sports activity who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6) or who are under the age of 18, the physical distancing requirements according to sentence 1 number 1 in connection with section 5 (1) 1 and the physical distancing requirements according to sentence 1 number 4 do not apply.

(6) 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. For trainings and sports competitions in front of audiences, the requirements of section 18a apply accordingly.

(7) 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. For trainings and sports competitions in front of audiences, the requirements of section 18a apply accordingly. 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.

(8) Sports activities provided for in school, academic or vocational curricula, sports activities in correctional facilities, including the detention centre for juveniles, and sports activities required by official regulations as part of public service are permitted. The responsible authorities may impose further restrictions.

(9) 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 Casinos and Betting Shops

For the operation of casinos, betting shops and similar businesses, the following requirements apply:

  1. the general hygiene requirements according to section 5 apply;
  2. an infection control concept must be drafted according to section 6;
  3. contact details must be collected according to section 7;
  4. seating must be arranged in a way that clients can maintain the minimum physical distance according to section 3 (2); only persons according to section 3 (2) sentence 2 may be seated at the same table;
  5. access may only be granted to persons who are able to present a negative test result according to section 10h;
  6. the infection control concept must contain a business-specific testing concept according to section 10e, with the provision that only those members of staff must be tested regularly who have frequent contact with clients;
  7. for all persons present in closed rooms, the obligation wear a medical face mask according to section 8 applies; the manager must ensure that the members of staff comply with the obligation to wear a medical face mask according to section 8; the obligation to wear a face mask also applies to persons waiting in lines and to crowds forming in the entrance and exit areas as well as on the outside premises and parking lots;
  8. only one slot machine or betting machine may be positioned per 12 square metres of business area;
  9. slot machines must be separated from each other by using separation walls;
  10. access must be monitored in a way that the clients can maintain the minimum distance requirements according to section 3 (2); for the entry, the requirements according to section 13 (2a) apply accordingly.

(2) For gastronomic facilities, the requirements of section 15 apply accordingly.

(3) As far as it is ensured by the operator, according to the 2G access plan in accordance with section 10j, that only clients are present who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6), the physical distancing requirements according to sentence 1 number 1 in connection with section 5 (1) 1 as well as the requirements according to sentence 1 numbers 4, 5, 9 and 10 do not apply.

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

Section 22 Universities and Examination Offices

(1) For the operation of universities, the following requirements apply:

  1. the general hygiene requirements according to section 5 apply; as far as the spatial situation allows, the physical distancing requirements according to section 3 (2) apply;
  2. universities draft individual infection control concepts according to section 6 which are tailored to their facility and meet the minimum standard set by the responsible authority of education;
  3. all persons present in closed rooms with public access must wear face masks in accordance with section 8, with the provision that teaching staff and other lecturing persons may take off their face masks while teaching or lecturing;
  4. participation in classes or other curricular activities in closed rooms is only permitted for persons who have tested negative for the SARS-CoV-2 coronavirus according to section 10h, who hold proof of vaccination according to section 2 (5) or of recovery from COVID-19 according to section 2 (6).

Universities are permitted to collect the contact details of participants in classes according to section 7. […] Section 9 does not apply. Persons violating the regulations of the infection control concept according to sentence 1 number 2 shall be expelled from the university premises by university staff and excluded from university events. This does not apply if, in an individual case, compliance with the protection concept would cause particular personal hardship.  The circumstances of such a case of hardship must be made credible.

(2) The employment contract and service obligations of the university staff shall remain unaffected by the provisions of these regulations.

(3) For the operation of the Studienkolleg Hamburg, the requirements of section 23 shall apply.

(4) For the operation of university libraries, section 18 (4) shall apply, with the provision that section 5 (1) 1 and 2 do not apply; it must be ensured that all persons present are able to comply with the physical distancing requirements according to section 3 (2) as far as the spatial conditions allow.

(5) At the state universities, teaching is generally carried out in person and on site. Hybrid and digital formats are still possible.

(6) For examinations at facilities of higher education which take place on site, the respective institution may order, within the framework of the infection control concept according to section 6, that the persons present are not required to wear face masks if the physical distancing requirements are maintained. In all other respects, subsection (1) shall apply accordingly to examination situations. The institution responsible for the examination may also stipulate that, in the case of PCR testing, the testing on which the result is based must not have been performed more than 24 hours previously or that the test must have been carried out the same day.

(7) The general hygiene requirements according to section 5 also apply to in-class teaching at the University of Applied Sciences at the Hamburg Police Academy. An infection control concept according to section 6 must be drafted. Deviations from section 5 (1) 1 may occur if training or examination objectives are endangered and if suitable compensatory measures are provided for in the infection control concept according to section 6. The infection control concept may also contain regulations on deviations from the requirements of the training and examination regulations for Hamburg police officers for the administration of courses and examinations if the deviations do not jeopardise the training objectives. Section 4 (1) 3 and section 19 do not apply to teaching.

Section 23 Schools

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

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

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

(1a) Any person entering the Federal Republic of Germany from abroad may only enter the school grounds or participate in school events outside the school grounds within ten days following the entry if they can present a negative test result according to section 10h; section 10h (1) sentence 3 does not apply.

(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 typical of an infection with COVID-19 according to section 2 (8) 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) (cancelled)

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

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

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

Section 23a (cancelled)

Section 24 Day Care Centres for Children (Kitas)

(1) Nursing and day care centres for children (kitas) in Hamburg are open and offer regular service. Every child shall have access to regular care.

(2) Children with a body temperature of 38 degrees Celsius or more, or other symptoms typical of an infection with COVID-19 with regard to their age may not be cared for in kitas. Children who are subject to official isolation orders or who live together in a household with a person subject to official isolation orders may also not be cared for in kitas.

(3) All other hygiene regulations remain unaffected.

(4) (cancelled)

(5) Kita managers as well as managers at larger day care centres for children must enable three weekly opportunities for testing for the SARS-CoV-2 coronavirus according to section 10d, free of charge, to all staff at Kitas and day care centres for children.

Section 25 Youth Welfare Work Programmes
Work offers by the providers of youth welfare services are permissible. The general hygiene requirements according to section 5 apply, with the exception of section 5 (1) 1 and 2; for activities in closed rooms, the obligation to wear a medical face mask according to section 8 applies; with regard to the ability of the children partaking in the programme, the physical distancing requirement according to section 3 (2) must be complied with. 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 (cancelled)

Part 7 Protection of Particularly Vulnerable Persons; Correctional Institutions

Section 26a (cancelled)

Section 27 Hospitals and Other Medical Facilities

(1) Visitors who experience symptoms typical of an infection with COVID-19 according to section 2 (8) or visitors who are proven to be infected with COVID-19 are not permitted to enter facilities as listed in section 23 (3) 1, 3 and 5 Infektionsschutzgesetz.

(1a) Persons who have entered Germany and stayed in a risk area according to section 2 (7) within 10 days before entry may not enter the facilities as stated in subsection (1) for 10 days after returning; for persons returning from an area which at the time of return was classified as a virus variant area, the prohibition period is 14 days. The prohibition of entry expires before the period of 10 days for visitors who can present a negative test result according to section 10h, who hold a vaccination certificate according to section 2 (5) or who are recovered from an infection with COVID-19 according to section 2 (6). The possibility of shortening the prohibition period according to sentences 3 and 4 does not apply to visitors who have returned within the last 14 days from an area classified as a virus variant area according to section 2 (7) at the time of entry. Notwithstanding sentence 4, the shortening of the prohibition period according to sentences 2 and 3 is possible

  1. if the respective virus variant area is classified as a high-risk area after entry into Germany and before the end of the fourteen-day period; or
  2. if the person entering the country has been fully vaccinated against the coronavirus with a vaccine for which the Robert Koch Institute has determined and expressly announced on its website that this vaccine is sufficiently effective against the virus variant for which the classification as a virus variant area was made.

Notwithstanding sentences 1 and 4, the ban on entry also terminates if the respective high-risk area or virus variant area is no longer classified as a high-risk area or virus variant area, respectively, after entry into Germany and before expiry of the period of the ban on entry.

(2) The facilities stated in subsection (1) must ensure by restricting visits that the entry of corona viruses is impeded. Visitors who are able to present a negative test result according to section 10h shall be granted access. 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. The managers of the facilities may limit the number of visitors to one at a time per patient and to a duration of one hour each, in order to comply with the physical distance requirements.

(3) Canteens, cafeterias or similar gastronomic facilities for patients in facilities according to subsection (1) may be entered by visitors if the general hygiene and infection control requirements are complied with.

(4) For all members of staff employed in facilities as stated in subsection (1), the requirements of subsection (1a) apply accordingly.

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 (6) and (7) remain unaffected.

Section 30 Residential and Short-Term Care Facilities, Mobile Nursing Services

(1) Managers of residential care facilities must allow entry to the facility if the following requirements are met:

  1. there must be an infection control concept specific of the facility for visits as well as individual hygiene concepts which form the basic requirements for entry;

  2. there must be testing hours according to number 4 c to suit the visitors;

  3. the visitors must be informed about the general hygiene requirements according to section 5 as well as the hygiene concepts specific of the respective facility orally at their first visit;

  4. all visitors and persons entering the facilities for professional purposes must meet the following requirements:

    a. children under the age of 14 must be accompanied by an adult person;
    b. they may not enter the premises if they experience symptoms typical of an infection with COVID-19 according to section 2 (8), if they have tested positive for the SARS-CoV-2 coronavirus, or if they are a close contact person as defined by the Robert Koch Institute; confirmation in writing is required;
    c. they must have tested negative for an infection with the SARS-CoV-2 coronavirus immediately before entering the premises according to section 10d by way of testing carried out by the facility, or they must be able to present to the facility staff a negative test result for the SARS-CoV-2 coronavirus in written or digital form, provided that the testing does not date back longer than 24 hours (PoC testing) and 48 hours (PCR testing), respectively, prior to the visit; this does not apply to visitors who are fully vaccinated according to section 2 (5) or fully recovered according to section 2 (6); children under the age of 6 and persons entering the facility for reasons of terminal care are exempt from the testing requirement;
    d. they must wear a medical face mask according to section 8 from the time they enter the facility until they leave it;
    e. in order to trace chains of infection, the contact details must be collected according to section 7; additionally, the name of the person visited and the period of the visit must be recorded; section 7 (1) 2 to 5 apply to the records;
  5. number 4 c and e shall not apply to employees of ambulances, funeral services, public health offices and the Medizinischer Dienst (medical advisory service).

  6. the visitors must, in addition to the requirements of number 6, meet the following requirement during the visit:
    a.     during the time of the visit, the minimum physical distance of 1.5 metres must be maintained between the visitor and the person visited; section 3 (2) does not apply; deviation from the physical distancing requirement as well as direct physical contact  between visitors and persons visited are permitted for a total time of 15 minutes per visit; this does not apply to direct physical contact between visitors and persons visited who are fully vaccinated according to section 2 (5) or fully recovered according to section 2 (6); if both the persons visited and the persons visiting are fully vaccinated according to section 2 (5) or recovered according to section 2 (6), additionally to physical distancing the requirements the persons may refrain from wearing a medical face mask as stated in number 4 d.
    b. section 5 applies accordingly, with the exception of subsection (1) 1;

(2) Visitors and persons entering the facility for professional purposes who have returned from an area classified as a risk area according to section 2 (7) may not enter these facilities for 10 days after entry; for visitors returning from an area which at the time of return was classified as a virus variant area, the prohibition period is 14 days. The prohibition of entry expires before the period of 10 days for visitors who can present a negative test result according to section 10h, who hold a vaccination certificate according to section 2 (5) or who are recovered from an infection with COVID-19 according to section 2 (6). The exemption after testing according to sentence 2 may succeed no sooner than 5 days upon entry. The possibility of shortening the prohibition period according to sentences 3 and 4 does not apply to visitors who have returned within the last 14 days from an area classified as a virus variant area according to section 2 (7) at the time of entry. Notwithstanding sentence 4, the shortening of the prohibition period according to sentences 2 and 3 is possible

  1. if the respective virus variant area is classified as a high-risk area after entry into Germany and before the end of the fourteen-day period; or
  2. if the person entering the country has been fully vaccinated against the coronavirus with a vaccine for which the Robert Koch Institute has determined and expressly announced on its website that this vaccine is sufficiently effective against the virus variant for which the classification as a virus variant area was made.

Notwithstanding sentences 1 and 4, the ban on entry also terminates if the respective high-risk area or virus variant area is no longer classified as a high-risk area or virus variant area, respectively, after entry into Germany and before expiry of the period of the ban on entry.

(3) The managers of care facilities and mobile nursing services must meet the following requirements for prevention of infection:

  1. the current recommendations of the Robert Koch Institute for prevention and management of infections with COVID-19 in resident and outpatient care must be met as far as this is possible on the respective premises, unless specified otherwise in these regulations or by the responsible authority;
  2. the managers must provide the persons cared for in the facilities with medical face masks according to section 8;
  3. care staff of the facilities or services who are not fully vaccinated according to section 2 (5) or recovered according to section 2 (6) must undergo testing for the SARS-CoV-2 coronavirus according to section 10d at least twice per week; the result must be submitted to and recorded by the manager of the facility; a positive test result must be immediately reported to the responsible local health office; the manager must organise the testing;

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

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

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

(5) 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 neither fully vaccinated according to section 2 (5) nor recovered according to section 2 (6) to a residential or short-term care facility, the responsible physician or general practitioner must confirm that the person in need of care or assistance has tested negative by way of PCR testing according to section 10d within the previous 48 hours.

(6) When persons in need of care or assistance who are neither fully vaccinated according to section 2 (5) nor recovered according to section 2 (6) return to the residential or short-term care facility after a hospital stay, the responsible physician or general practitioner must confirm that the person in need of care or assistance has tested negative by way of PCR testing according to section 10d within the previous 48 hours. The test result must be submitted to the facility manager.

(7) If a hospital treatment of a person in need of care or assistance is necessary, 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.

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

(9) After an occurrence of a COVID-19 infection among persons in need of care or assistance or the employees of the facility, the manager of the residential or short-term care facility must, by order of the public health office, test all persons in need of care or assistance and employees for COVID-19 by means of PCR testing immediately and repeat the test after a 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.

(10) To all members of staff employed in the residential facility, short-term or outpatient care service, subsection (2) applies accordingly.

(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) Balcony concerts and other outdoor performances which are performed in such a way that there is no physical gathering of the audience and the purpose of which is the social or cultural participation of the residents of residential care facilities, short-term care facilities, accommodation of service staff, hospices and similar facilities, are permitted if the following requirements are met:

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

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

Section 31 Housing Facilities for Integration Support

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

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

  1. the implementation of the collection of contact details according to section 7;
  2. the documentation of visitors and time and date of the visit;
  3. compliance with preventive actions in the support of eligible persons with respect to the maximum number of care staff per eligible person and the reduction of direct physical contact between these persons;
  4. the reduction of direct physical contact between persons who are not fully vaccinated according to section 2 (5) or fully recovered according to section 2 (6);
  5. compliance with the current recommendations of the Robert Koch Institute concerning support facilities for the elderly and for persons with disabilities, as well as for the public health service; and
  6. the organisation of group activities.

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

(4) The respective facilities must accept new admissions within the scope of their capacities. Before an eligible person is admitted to any such facility, a negative result of PCR testing for SARS-CoV-2 according to section 10d must be submitted, the underlying test of which must not be older than 48 hours. Section 10h (2) applies accordingly.

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

(6) In the case that an eligible person who is not fully vaccinated according to section 2 (5) or fully recovered according to section (6) returns to the care facility after an overnight stay, the returnee

  1. must be able to present a negative test result according to section 10d, section 10h also applies; or

  2. must undergo antigen rapid testing on the facility premises according to section 10d.

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

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

(8) Visitors must, from the point of entrance until the point of exiting the facility, wear a medical face mask according to section 8; in all outdoor areas on the facility premises, the obligation to wear a medical face mask applies whenever the minimum physical distance of 1.5 metres cannot be maintained, for example when pushing a wheelchair or in the event of direct physical contact. Eligible persons who are fully vaccinated according to section 2 (5) or fully recovered according to section 2 (6) may receive visitors with immediate contact in indoor areas.

(9) Facility staff who are neither fully vaccinated according to section 2 (5) or fully recovered according to section 2 (6) must undergo testing regularly at least twice per week for the SARS-CoV-2 coronavirus by means of antigen rapid testing according to section 10d; the result must be submitted to and documented by the manager. The manager of the facility is required to organise the testing.

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

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

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

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

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

(1) Workshops for persons with disabilities and other day-structuring facilities for integration support must draft an infection control concept specific of location according to section 6 for entering the facility and for the hygiene and infection control requirements. The requirements for the collection of contact details according to section 7 must be implemented. For the workshops for persons with disabilities and other day-structuring facilities, must meet the requirements for the agreement of persons with disabilities or their legal representatives to the continued support in the facility.

(2) Additionally, the infection control concept for the participation in group activities of other day-structuring facilities must contain provisions for the testing of clients by means of antigen rapid testing according to section 10d; section 10h applies accordingly.

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

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

(5) All clients of facilities for persons with disabilities or other day-structuring facilities for integration support who are neither fully vaccinated according to section 2 (5) or fully recovered according to section 2 (6) must undergo testing regularly at least twice per week for the SARS-CoV-2 coronavirus by means of antigen rapid testing according to section 10d, unless there is shift or alternating operation in the respective facility; the result must be submitted to and documented by the manager of the facility. The manager of the facility shall organise the necessary testing.

(6) All facility staff who are neither fully vaccinated according to section 2 (5) or fully recovered according to section 2 (6) must undergo testing regularly at least twice per week for the SARS-CoV-2 coronavirus by means of antigen rapid testing according to section 10d; the result must be submitted to and documented by the manager of the facility. The manager of the facility shall organise the necessary testing.

(7) During transportation, all clients as well as driving staff and accompanying persons must wear a medical face mask according to section 8, with the provision that a surgical mask shall not suffice. Section 3 (2) applies accordingly. Persons with symptoms typical of an infection with COVID-19 according to section 2 (8) must be excluded from transport.

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

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

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

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

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

(2) Additionally, the infection control concept for entering meeting places of outpatient social psychiatry must contain provisions for the testing of clients by means of antigen rapid testing according to section 10d; section 10h applies accordingly.

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

(4) Facility staff and service providers according to subsection (1) who are neither fully vaccinated according to section 2 (5) or fully recovered according to section 2 (6) must undergo testing regularly at least twice per week, all other facility staff must undergo testing at least twice per week, for the SARS-CoV-2 coronavirus by means of antigen rapid testing according to section 10d; the result must be submitted to and documented by the manager of the facility. The manager of the facility shall organise the necessary testing.

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

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

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

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

Section 32 Day Care Facilities for Persons in Need of Care or Assistance

(1) Managers of day care facilities for persons in need of care or assistance must enable the use of the facility within the regular operation hours, with regard to the following conditions:

  1. the manager of the day-care facility must draft an infection control concept specific of the facility as well as tailored hygiene concepts by which the use of the facility shall be enabled; the total number of day-care clients in the day-care facility must be limited to spatial conditions, the infection control concept and the hygiene concept, with regard to the total number of persons fully vaccinated; the manager of the day-care facility shall determine who is eligible for the services of the day-care facility;
  2. (cancelled)
  3. day care clients and external persons regularly entering the facility during opening hours must be instructed in the general hygiene requirements according to section 5;
  4. external persons may only enter the facility with the consent of the manager of the facility; in the event that access is granted, number 5 and section 30 (2) shall apply accordingly;
  5. the day-care clients must meet the following requirements:
    a. they must not show symptoms typical of an infection with COVID-19 according to section 2 (8), they must not have tested positive recently for the SARS-CoV-2 coronavirus, and they must not be a contact person according to the definition by the Robert Koch Institute; they or their legal representative must confirm this in written form;
    b. they must test negative regularly, if they visit the facility several times a week at least twice a week, immediately prior to visiting the facility by means of a rapid test carried out by the facility in accordance with §10d, or must be able to present a negative test result to the staff, the underlying testing of which must not date back more than 24 hours in the case of PoC testing and no more than 48 hours in the case of PCR testing; presenting a vaccination certificate according to section 2 (5) or proof of recovery according to section 2 (6) shall be equivalent to the presentation of a negative test result; as an exception, testing a day-care client may be waived if they do not tolerate participation in the test due to cognitive impairment;

    c. they must wear medical face masks according to section 8 from the time of entering until the time of leaving the facility; this does not apply if there are only persons present in the building who are fully vaccinated according to section 2 (5) or recovered according to section 2 (6);

    d. for the purpose of tracing chains of infection, their contact details and the period of presence must be recorded.

(1a) (cancelled)

(2) 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; for contact between day-care clients who are fully vaccinated according to section 2 (5) or fully recovered according to section 2 (6), the physical distancing requirements and the obligation to wear a medical face mask may be refrained from; in addition, the physical distancing requirements and the obligation to wear a face mask may be refrained from if the proportion of day-care clients who are fully vaccinated according to section 2 (5) or recovered according to section 2 (6) is at least 87 per cent and if appropriate exchange of air is ensured;
  2. immediate physical contact between care staff and day-care clients who are not full vaccinated according to section 2 (5) or fully recovered according to section 2 (6) should be reduced to an absolute minimum;
  3. care staff who are not fully vaccinated according to section 2 (5) or fully recovered according to section 2 (6) must undergo testing at least twice per week for an antigen testing according to section 10d; the result must be presented to the manager of the day-care facility and documented by them; in the event of a positive result, the manager must inform the responsible authority immediately; the manager must organise the means necessary for testing;
  4. the current guidelines of the Robert Koch Institute on the prevention and management of COVID-19 infections in inpatient or outpatient geriatric care must be consistently followed within the scope of the possibilities on site, unless other regulations are made by legal ordinance or the responsible authority.

(3) If possible, day care clients who are not fully vaccinated according to section 2 (5) or recovered according to section 2 (6) should be brought and collected by relatives in agreement with the manager of the day-care facility. If day care clients are collected by transport service from a facility in which less than 87 per cent of the clients are fully vaccinated according to section 2 (5) or recovered according to section 2 (6), no more than 50 per cent of the seats in the transport vehicle may be used. This does not apply if only clients are transported who are fully vaccinated according to section 2 (5) or fully recovered according to section 2 (6). If only clients from a facility in which 87 or more per cent of the clients are fully vaccinated according to section 2 (5) or recovered according to section 2 (6), the full capacity of the vehicle may be used. During transport, the obligation to wear a medical face mask according to section 8 applies to the driver of the vehicle as well as to day care clients. The driver must remind day care clients to comply with the obligation in individual cases by means of written or acoustic notices or pictures as well as verbal warnings in the event of non-compliance.

(4) Activities for day-care clients involving movement and singing, may be performed indoors only at a minimum physical distance of 2.5 metres. An effective means of ventilation must be ensured.

(5) The requirements stated in section 30 (2) and (9) to (11) apply accordingly to managers of day care facilities.

Section 33 Group Activities and Meetings for Senior Citizens

For group activities for senior citizens, the following requirements apply:

  1. the general hygiene requirements according to section 5 apply;
  2. an infection control concept must be drafted according to section 6;
  3. the contact details of all participants must be collected according to section 7;
  4. for all persons present in closed rooms, an obligation to wear medical face masks according to section 8 applies, with the provisions that the face mask may be removed while seated; section 34 (2) applies accordingly;
  5. participation in the activities is only permitted if the participants can show a negative test result according to section 10h;
  6. activities with an increased emission of breath, such as physical exercises, may be performed in closed rooms with a minimum physical distance of 2.5 metres and outdoors with a minimum physical distance of 1.5 metres.

Section 34 Group Activities for Senior Citizens in Service Accommodation Facilities

(1) At service accommodation facilities, group activities may be organized if the requirements according to section 9 are met. For the organisers of courses and group activities, the testing requirements according to section 10h apply.

(2) While providing activities in which all participants as well as organisers and staff are fully vaccinated according to section 2 (5) or fully recovered according to section 2 (6), participants, organisers and staff may refrain from wearing a medical face mask and from maintaining the physical distance.

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

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

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

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

Part 8 (cancelled)

Part 9 Modelling Strategies for Testing Alternative Protection Concepts

Section 37 Pilot Projects for Testing Alternative Protection Concepts

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

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

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

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

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

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

Part 10 Restriction of Basic Rights, […] Expiry

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

Section 38a Damage, Removal, Obliteration of Signs

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

[…]

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

(2) These regulations shall expire at the end of 25 September 2021.

Issued by the Assembly of the Senate,
Hamburg, 20 August 2021.

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