Landungsbrücken

COVID-19 Corona Rules and Regulations in Hamburg

This is the draft of the corona regulations applicable from Tuesday, 15 September 2020. Please note that this version is a non-official translation of the regulations in German. For more English information, please see our FAQs.

See Hamburg's latest rules and regulations

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 Tuesday, 15 September 2020. Please note that this is a non-official translation of the regulations in German. For more English information, please see our FAQs.

Part 1 General Regulations

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

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

(2) For the purpose of these regulations, a household is any type of dwelling in which a person lives alone or with other persons. Persons experiencing homelessness who have joined in forming a shelter and support community and who live and sleep together in a tent or camp are considered persons living in the same household for the purpose of this regulation.

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

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

Part 2 Physical Distancing and Contact Restrictions

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

(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 spouses, life partners, partners in a non-marital partnership, immediate relatives, siblings or to persons who take physical care and custody of each other under family law;
  3. to meetings of members of only one other household;
  4. to meetings of up to ten persons;
  5. if maintaining the physical distance is not possible for technical or legal reasons.

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

  1. in the cases stated in section 3 (2);
  2. for the purpose of exercising a profession, unless otherwise restricted;
  3. for the purpose of performing duties or service as a member of the citizenry, as a member of the Hamburger Senat, as a member of the Constitutional Court, as a member of a constitutional body of the Federal Republic of Germany, as a civil servant, as a judge, as a member of a district assembly, as an ambassador or member of the consular corps as well as for the performance of duties in the public service or as an organ of the administration of justice;
  4. within the scope of participation in coping with the current situation of infections in accordance with participation in disaster control;
  5. in hospitals, medical or nursing facilities, medical offices, facilities for follow-up treatment and other health care facilities, facilities of service providers of integration assistance and youth welfare, facilities for family assistance, social assistance and counselling, and veterinary medical facilities; unless otherwise restricted;
  6. in courts of law and authorities and in other bodies or institutions performing functions of the public law; unless entering is restricted for non-officials;
  7. for press reports by representatives of the press, radio, film and other media;
  8. in the context of care and support of persons in need of assistance, 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 sports, swimming and sauna as stated in section 20; and
  15. in state, private and confessional universities as stated in section 22, including their facilities.

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

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

Part 3 General Requirements

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

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

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

(2) The general occupational health and safety regulations and standards must be implemented for all employees together with the sector-specific arrangements with the accident insurance company. 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 that contact details of attendants be collected and stored to facilitate tracing chains of infection (collection of contact data), the following applies:

  1. the contact details to be collected are the attendant’s name, address and a telephone number;
  2. the data 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 provided to the responsible authority on request;
  4. the records of the contact details must be deleted or destroyed after the period of four days;
  5. the use of the contact details for purposes other than those mentioned in these regulations and their disclosure to unauthorised third parties is prohibited.

(2) The person responsible for collecting the data must exclude persons who refuse to provide their contact details from visiting or using the facility, business premises, restaurant or accommodation, or from participating in the event.

Section 8 Obligation to Wear Face Masks
(1) As far as this regulation requires 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. For the obligation to wear a face masks, the following applies:

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

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

Section 9 General Regulations for Organising Events
(1) Unless stated otherwise in these regulations, events with a number of participants greater than 1000 persons (major events) are prohibited.

(2) Unless stated otherwise in these regulations, events can be permitted only if the conditions specified in subsection 3 or 4 are complied with and the following requirements are met:

  1. the general hygiene requirements according to section 5 must be complied with;
  2. an infection control concept according to section 6 must be drafted;
  3. the attendants’ 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. (cancelled)
  6. dancing is prohibited for the attendants.

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

(3) Seated events are permitted with up to 1000 attendants in the open air and up to 650 participants in closed rooms. At events with more than 200 attendants, the arrangements of fixed seating, access and exit routes for the attendants, ventilation, sanitary facilities and general hygiene requirements must be described in detail in the infection control concept according to section 6.

(4) Events without fixed seating are permitted with up to 200 attendants in the open air up to 100 attendants in closed rooms. If alcoholic beverages are sold during the event or breaks, the number of attendants permitted is reduced by the half.

(5) Events and celebrations are permitted in private properties with up to 25 persons. It is recommended that physical contact be reduced to an absolutely necessary minimum and that appropriate hygiene requirements be observed. Otherwise, this regulation does not apply to meetings in private property.

(6) Subsections (1), (3) and (4) as well as subsection (2) 3 do not apply to public open-air screenings of films or open-air performances of live events to attendants in enclosed cars in the open air.

(7) Notwithstanding subsections (1) and (3), in special individual cases subject to authorisation by the responsible authority upon application, a higher number of participants may attend an event if it takes place at a venue with fixed seating and without a closed roof construction, provided there are secured entrances and exits for monitoring admission and an unlimited supply of fresh air, especially in stadiums with 10,000 or more seats. Approval can only be granted if the organiser can present an infection control concept according to section 6, in which the seating arrangement, the entry and exit of the audience, the sanitary facilities as well as the general hygiene measures are described in detail, and if the event is justifiable from the point of view of protection along the lines of the infection control concept. The sale of alcoholic beverages is not permitted. The permission of these events may be subject to conditions of infection control. Such conditions may include limitations on the occupancy of fixed seats as well as limitations on the positioning and occupancy of additional seats set up specifically for the event. The permission of these events may be revoked if after the date of permission, the epidemiological situation deteriorates to such an extent that the organisation of the event is no longer justifiable from the point of view of infection control. The public health authority must be involved in the permission procedure. Subsection (2) applies and must be complied with.

Section 10 Gatherings
(1) For public and private gatherings (according to Part 8 Basic Law) in the open air and in closed rooms which are not restricted to the persons according to section 3 (2) numbers 1 to 4, the following requirements apply:

  1. notice of open-air gatherings must be given to the responsible authority 48 hours in advance; for urgent open-air gatherings, the notice period shall be 24 hours in advance;
  2. the general hygiene requirements according to section 5 (1) must be met; section 5 (1) numbers 4 to 7 and sentence 3 do not apply to open-air gatherings;
  3. on request by the responsible authority, the organiser of the gathering must draft an infection control concept according to section 6, which must be presented to the responsible authority in the event of a notification.

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

(2) Open-air gatherings in the form of parades, unless these are restricted to persons according to section 3 (2) numbers 1 to 4, and gatherings with more than 1,000 attendants in the open air as well as gatherings with more than 300 attendants in closed rooms are generally prohibited; in exceptional cases they can be approved by the responsible authority upon application and in compliance with the specifications under assembly law if this is justifiable in terms of the infection protection law. The approval may be subject to conditions, in particular with regard to the number of attendants, place, duration and manner of holding of implementation.

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

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

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

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

Part 4 Requirements Specific of Location

Section 11 Religious Events
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 (1) to (4) do not apply.

Section 12 Public Transport
Persons using public transport facilities according to section 2 (3) must wear a face mask according to section 8. If public passenger transport is carried out in passenger cars, driving staff must also wear a face mask according to section 8, provided that there are no other means to prevent droplet infection in the vehicle. The physical distancing requirements according to section 3 (2) apply unless restricted by the spatial conditions. Persons experiencing symptoms of a respiratory illness must not enter the facility; this does not apply to rescue services. Otherwise, section 5 shall not apply. Operators of public transport vehicles and facilities must remind their passengers to comply with the requirements in individual cases by means of written or spoken notices or pictures, and verbal warnings in the event of refusal to comply. Staff are also entitled to deny transport to persons refusing to comply with the requirements; taxi drivers and staff of similar means of transport are obliged to deny transport to any such person. For transport conducted by coach services, contact details must be collected according to section 7; this does not apply to school buses.

Section 13 Retail Shops, Fairs 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, at fairgrounds and at stalls at weekly markets, the general hygiene requirements according to section 5 and the obligation to wear face masks according to section 8 apply to all attendants. For facilities in gastronomy, section 15 applies accordingly. Section 9 does not apply.

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

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

(4) Police may prohibit the sale of alcoholic beverages for take-away in certain places 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 until 6 a.m. of the following day.

Section 14 Services with Physical Contact
In hairdressers’ shops and service businesses of personal hygiene, the general hygiene requirements according to section 5 and the obligation to collect contact data according to section 7 apply. If there are no requirements according to section 5 (2), an infection control concept must be drafted according to section 6.

Section 14a Sex Work and Sexual Services
(1) Sex work facilities under licence according to section 12 (1) ProstSchG (Prostitutionsschutzgesetz, lit. Prostitution Protection Act) can operate according to section 2 (4), provided the following requirements are complied with:

  1. access by clients is only permitted upon prior notification;
  2. the clients' contact details must be collected according to section 7;
  3. the general hygiene requirements according to section 5 must be complied with;
  4. in addition to the general hygiene requirements according to section 5, 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), especially those that have come into contact with blood, excrement and other bodily excretions, 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;
  5. during their stay in the sex work facility, clients and sex workers must wear face masks according to section 8 (1) and (2);
  6. 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, these may be used in accordance with section 20 (4) and (4a).

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

  1. meetings between sex workers and clients may only be carried out after prior telephone or digital arrangement;
  2. no arrangements may be made with any person experiencing symptoms of a respiratory illness; they must be excluded from sexual services; prior telephone or digital clarification is mandatory;
  3. the contact details of clients must be collected according to section 7; the address of the site or place where the sexual service is carried out must be included in the contact details;
  4. clients and sex workers must wear face masks according to section 8 (1).

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

  1. meetings between sex workers and clients may only be carried out after prior telephone or digital arrangement;
  2. clients with symptoms of a respiratory illness are not to be allowed access; they must be excluded from sexual services; prior telephone or digital clarification is mandatory;
  3. the contact details of clients must be collected according to section 7; the address of the site or place where the sexual service is carried out must be included in the contact details;
  4. it must be ensured that all people present can wash or disinfect their hands;
  5. 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), especially those that have come into contact with blood, excrement and other bodily excretions, 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;
  6. clients and sex workers must wear face masks according to section 8 (1).

(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) Operators of a sex work facility licensed under these regulations must draft an infection control concept according to section 6 for compliance with the requirements under subsections (1) and (2) and present it to the authority responsible for granting permits for sex work on request. Sex workers licensed under these regulations must draft an infection control concept according to section 6 for compliance with the requirements under subsection (3) and present it to the authority responsible for registering as a sex worker on request.

(6) 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
(1) For the operation of restaurants, including staff restaurants, canteens and restaurants in the context of accommodation, the following requirements apply:

  1. the general hygiene requirements according to section 5 apply;
  2. contact details must be collected according to section 7;
  3. seating or standing areas for guests must be arranged in such a way that a physical distance of at least 1.5 metres can be maintained between guests subject to the physical distance requirements according to section 3 (2) if there are no suitable partition walls;
  4. shishas and other waterpipes must not be used by more than one person; disposable hoses and mouthpieces must be used and the waterpipes must be cleaned after each use.

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

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

(3) Catering facilities falling under the special operating modes of dance clubs or discotheques may not be opened to the public. If the actual operating mode of the restaurant differs from the operating mode specified in the permit, the actual operating mode applies.

(4) Section 13 (4) applies accordingly.

Section 16 Accommodation
(1) When providing overnight accommodation in tourist establishments, in holiday homes, on campsites and in other facilities, the following requirements must be met:

  1. the general hygiene requirements according to section 5 apply;
  2. contact details must be collected according to section 7;
  3. for swimming pools and whirlpools or similar facilities, section 20 (4) applies accordingly; for saunas and steam baths, section 20 (4a) applies accordingly;
  4. dormitories must not be provided for more than 4 persons;
  5. tourists must confirm in writing that they have not stayed in an area in which, according to the Robert Koch Institute, the number of new coronavirus infections exceeds 50 per 100,000 inhabitants in the previous 7 days.

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

(3) 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.

(4) Notwithstanding subsection (1), the provision of overnight accommodation for tourists who have stayed in an area referred to in subsection (1) number 5 is only permitted if the respective guests present on arrival a medical certificate to the operator of the accommodation confirming that there is no evidence of infection with the coronavirus. The medical certificate must be based on a molecular-biological test carried out within the previous 48 hours. The time of the result of the test shall determine the start of this period. A result obtained from a specialist medical laboratory shall be considered a medical certificate. Text form shall suffice; either digital or on paper.

(5) For return travellers from abroad, the regulations in part 8 apply.

Section 17 Facilities for Leisure Activities
For leisure activities in the open air and in closed rooms, which are not specifically stated in this regulation, the general hygiene requirements according to section 5 apply. For leisure activities in closed rooms, the organiser must additionally draft an infection control concept according to section 6 and collect the participants’ contact details according to section 7.  Sections 13 and 15 apply respectively to retail facilities and restaurants located on the premises. If activities are offered in which an increased emission of breath is to be expected, the attendants must maintain a minimum physical distance of 2.5 metres from one another; the exceptions to the physical distance requirements according to section 3 (2) apply accordingly.

Section 18 Cultural Facilities
(1) For the operation of theatres, operas, concert halls, musical theatres, cinemas and planetariums, the general hygiene regulations according to section 5 apply and organiser must collect the attendants’ contact details according to section 7. An infection control concept must be drafted according to section 6. A minimum physical distance of 2.5 metres must be maintained between the audience and the stages on which performances take place. Sections 13 and 15 apply respectively to retail facilities and restaurants located on the premises.

(2) For the operation of libraries, archives, museums, exhibition centres, galleries, literature houses, memorial sites and community cultural centres, the general hygiene regulations according to section 5 apply. A minimum physical distance of 2.5 metres must be maintained between the audience and stages or podiums on which performances take place. Sections 13 and 15 apply respectively accordingly to retail facilities and restaurants located on the premises. For courses and counselling programme as well as rentals to associations and groups in community cultural centres, section 19 (1) applies.

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

  1. the general hygiene requirements according to section 5 apply;
  2. contact details must be collected according to section 7;
  3. an infection protection concept must be drafted according to section 6;
  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.

(2) Subsection (1) also applies to music schools, choirs, dance schools, providers of artistic education, such as ballet schools and children's drama schools, as well as independent artistic teachers, even if they work in changing locations. Whenever such indoor activities can be expected to involve increased emissions of breath, especially when dancing, doing ballet, singing or playing wind instruments, the persons involved must maintain a minimum physical distance of 2.5 metres between one another. The exceptions to the physical distance requirements according to section 3 (2) apply accordingly.

(3) For theoretical and practical driving instruction for the acquisition of driving licences, the general hygiene requirements according to section 5 apply. The operator must draft an infection protection concept according to section 6. In practical driving lessons, the obligation to wear a face mask according to section 8 applies to learner drivers in closed vehicles.

Section 20 Sports, Fitness, Swimming and Sauna Facilities; Playgrounds
(1) Trainings 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.

(2) For playing sports on public, school and private sports grounds, the following requirements must be met:

  1. the general hygiene requirements according to section 5 apply;
  2. contact details must be collected according to section 7;
  3. notwithstanding section 3 (2), the physical distancing rules do not apply to the performance of team sports with up to 30 participants;
  4. for indoor sports, a sports-specific infection control concept must be drafted according to section 6;
  5. for performing indoor sports, a minimum physical distance of 2.5 metres applies; the exceptions to the physical distance requirement under section 3 (2) apply accordingly.

(3) For the performance of outdoor sports courses and training outside sports facilities, subsection (2) 1 to 3 apply accordingly.

(4) In swimming pools, the water must be treated and disinfected according to the general rules of technology. Natural and summer swimming pools may be operated. The general hygiene requirements according to section 5 must be met. The attendants’ contact details of must be collected according to section 7. An infection control concept must be drafted according to section 6. It is strongly recommended to draft the infection protection concept according to the Pandemieplan Bäder der Deutschen Gesellschaft für das Badewesen e.V. (Pandemic Plan for Swimming Pools by the German Society for Swimming Facilities). A minimum physical distance of 2.5 metres is required for sports and swimming in indoor swimming pools. The exceptions to the physical distance requirements under section 3 (2) apply accordingly. For the retail facilities and restaurants located on the premises, sections 13 and 15 apply respectively. The use of sauna areas connected to the facilities according to subsection (4a) is permitted. The use of whirlpools or similar facilities is only allowed for one person at a time or a group of persons according to section 3 (2). For thermal baths, the rules in this subsection apply accordingly.

(4a) For sauna and steam bath facilities, the general hygiene requirements according to section 5 apply. An infection control concept must be drafted according to section 6. The contact details of the users must be recorded according to section 7. The use of saunas, steam baths or similar facilities is only permitted for one person at a time or for a group of persons according to section 3 (2). For the sales outlets and restaurants located on the premises, sections 13 and 15 apply respectively.

(5) For fitness and sports studios, yoga studios and similar facilities as well as indoor playgrounds, subsection (2) applies accordingly. In addition, the operator must arrange the fitness and other training devices, or playground devices in such a way that a distance of at least 2.5 metres between the equipment and devices to be used can be maintained. Operation must be arranged in such a way that a distance of at least 2.5 metres between the attendants is guaranteed. The exceptions to the physical distance requirement according to section 3 (2) applies accordingly. For the use of sauna areas connected to the facilities, subsection (4a) applies accordingly. For the retail facilities and restaurants located on the premises, sections 13 and 15 apply respectively.

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

(7) 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
(1) For the operation of casinos, betting shops and similar facilities, the general hygiene requirements according to section 5 apply; an infection control concept must be drafted according to section 6, and contact details must be collected according to 7. Public access must be monitored by suitable technical or organisational measures in such a way that the number of attendants in the business area open to the public is limited to one person per twelve square metres. A distance of 1.5 metres must be maintained between the slot machines or betting machines. Slot machines must be separated from each other by partition walls. Partition walls must be provided in areas where compliance with the physical distance requirements is difficult, in particular in the entrance the checkout areas.

(2) In betting shops, the supply, consumption or sale of food and drink for consumption on or off the premises are prohibited.

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

Section 22 Universities
(1) The general hygiene requirements according to section 5 apply to the operation of universities; an infection control concept must be drafted according to section 6. Courses are subject to section 9 (1), (3) and (4). The operation of the Studienkolleg Hamburg is restricted according to section 23 (3).

(2) During the summer term 2020, teaching at state universities will be in the form of digital courses unless the respective course requires the collective presence of students and lecturers. During the winter term 2020/2021, teaching at state universities will mainly be in hybrid form.

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

Section 23 Schools
(1) The general hygiene requirements according to section 5 apply to the operation of schools. the authority responsible for schools must publish a model hygiene concept for schools, within the framework of which a hygiene concept must be drafted for each individual school according to the Infektionsschutzgesetz. When students stay on the school premises, during lessons and student support as well as during school events with students at other locations, efforts must be made to ensure that the physical distancing requirements are observed, as far as this is compatible with the fulfilment of the educational and didactic task, and as far as the spatial conditions allow.

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

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

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

(4) Class outings and study trips are prohibited until 19 October 2020.

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

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

Section 24 Nursing and Day Care Centres for Children
(1) Nursing and day care centres for children in Hamburg are open and in regular operation. All children are entitled to care within the scope of the Hamburg Childcare Act (Hamburger Kinderbetreuungsgesetz).

(2) Children with a fever or cough which is not caused by a chronic illness may not be cared for in day care centres. Children who are subject to official quarantine orders or who live in the same household with a person subject to official quarantine orders may also not be looked after in day-care centres. Sections 35 and 36 remain unaffected.

(3) All other hygiene regulations remain unaffected.

(4) Overnight trips and outings from day care centres are prohibited.

Section 25 Youth Welfare Work Programmes
Work offers by the providers of youth welfare services are permissible. The general hygiene requirements according to section 5 apply, with the exception of section 5 (1) 1 and 2. A supervised group must not be mixed with persons from other groups. The institution must draft an infection control concept according to section 6 and collect the contact details of the participants according to section 7.

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

Part 6 Closures and Prohibitions on Services

Section 26 Closure of Certain Service Businesses and Facilities, Prohibitions on Services, Bomb Disposal
(1) Facilities in which dancing takes place, especially clubs, discotheques and music clubs, may not be opened to the public. Large-scale funfairs are prohibited, with the exception of funfairs as stated in section 17 (2).

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

Part 7 Protection of Particularly Vulnerable Persons; Correctional Institutions

Section 27 Visiting Rights in Hospitals
(1) Visitors with symptoms of a respiratory illness and visitors subject to official quarantine are not permitted to enter the following facilities:

hospitals and preventive and rehabilitation facilities providing medical care comparable to that of hospitals;

24-hours care facilities for mentally impaired children and young people.

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

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

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) All persons employed, or working on a voluntary basis, in facilities for officially arranged accommodation or assistance to persons experiencing homelessness who fall under the group of persons stated in section 35 (1) may not enter the facilities for a period of 14 days after returning from a risk area according to section 35 (4). Before the expiry of the period of 14 days after returning from a risk area according to section 35 (4), these persons may only enter the facilities if the requirements of section 36 (3) are met and if it is confirmed by a physician or general practitioner that a PCR test meeting the recommendations by the Robert Koch Institute was carried no sooner than five days after entry with two simultaneous swabs taken from the nasopharyngeal area, which produced a negative test result. Sentence 2 applies only if the employees or voluntary workers do not exhibit symptoms pointing to an COVID-19 infection according to the current criteria of the Robert Koch Institute.

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

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

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

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

  1. there are no persons in the facility building who are confirmed or suspected to be infected with coronavirus; no staff who have been isolated and tested positive have entered the facility for at least seven days;
  2. children under the age of 14, persons with symptoms of a respiratory illness, persons who have recently tested positive for COVID-19, visitors who fall under the contact person categories I and II as defined by the Robert Koch Institute, and returnees from risk areas according to section 35 (4) are not permitted to enter the residential and short-term care facilities’ premises;
  3. each person in need of care or assistance may only be visited for a total of three hours per calendar week by no more than two persons; visits which take place exclusively in the outdoor areas may take place without any time limit, but may not include more than two visitors at the same time; further visits in the context of terminal care shall be approved; in individual cases, the institution may agree to visits by more than two visitors at the same time, depending on the circumstances of the institution;
  4. the visiting persons enter the residential or short-term care facility only after prior notification and appointment; the institution may also determine and apply different procedures; when coordinating visits, access for persons must be restricted and monitored in such a way that attendants are able to maintain a distance of 1.5 metres;
  5. in order to trace chains of infection, the contact details of all visitors must be collected and stored; in addition to section 7, the institutions responsible for the residential or short-term care facility must also document the symptoms of illness of the visitors, the person visited and the start and end time of the visit; the visiting person confirms in writing to the residential facility that to the best of his or her knowledge, he or she has not had contact with person suffering from COVID-19 in the 14 days prior to the visit, has not tested positive for SARS-CoV-2, has not returned from a risk area according to section 35 (4) within the last 14 days, and does not experience current symptoms of a respiratory illness; section 7 (1) 2 to 5 respectively to the data collected;
  6. during the entire visit, the visitors must maintain the minimum physical distance of 1.5 metres to the persons in need of care or assistance; section 3 (2) does not apply; a reduction of the physical distance and direct physical contact between the visitors and the persons in need of care or assistance shall be permitted for a cumulative period of up to 15 minutes per visit;
  7. for visitors, section 5 applies accordingly, with the exception of section 5 (1) 1; the visitors must be instructed about the general hygiene requirements and, in addition, on their first visit, adverted verbally to the necessary hygiene requirements stated in section 5;
  8. visits and contact with persons in need of care or assistance should take place primarily in outdoor areas or room units set up there, or in visiting rooms established for this purpose; visits to double and multi-bed rooms may only take place if the person visited is alone in the room;
  9. at all meeting places specified above, section 5 (1) 5 and 6 apply respectively;
  10. visitors must wear a face mask at all times from entering to leaving the premises of the residential or short-term care facility; section 8 (1) and (2) apply accordingly; otherwise § 8 does not apply; a face mask must be worn in the outdoor areas of the residential facilities and short-term care facilities if the minimum physical distance of 1.5 metres cannot be maintained, for example when pushing a wheelchair, or in the event of direct physical contact according to number 6.

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

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

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

  1. a minimum physical distance of 1.5 must be maintained at all times;
  2. the number of nursing or caring staff per person in need of care or assistance for must be reduced in the interests of reference care;
  3. nursing or care staff in residential and short-term care facilities and outpatient care services must consistently follow the current requirements of the Robert Koch Institute on the prevention and management of COVID-19 cases in inpatient or outpatient care for the elderly within the framework of the possibilities on site, unless the requirements by the responsible authority differ;
  4. the body temperature of all persons in need of care in residential and short-term care facilities must be taken daily; newly occurring coughing symptoms, changes in breathing frequency, increased body temperature and hoarseness in persons in need of care must be documented; in the event of pathological changes, the respective physician or general practitioner must be notified; the person in need of care must be isolated immediately as far as possible on site;
  5. direct contact between the nursing or care staff and the persons in need of care shall be limited to the professionally necessary minimum;
  6. the nursing and care staff in residential and short-term care facilities must wear face masks during working hours and the staff of mobile nursing services must wear face masks from the time they enter the clients’ premises until leaving; section 8 (1) and (2) apply accordingly; otherwise, section 8 does not apply; the current information by the Robert Koch Institute, in particular those concerning the handling of persons in need of care or support suffering or suspected to be suffering from COVID-19, must be observed wherever possible; person to whom section 8 (1) and (2) does not apply must wear a face mask in direct physical contact according to numbers 4 and 5;
  7. persons in need of care or assistance who live in residential or short-term care facilities must be provided with face masks; where the physical and mental condition of persons in need of care or assistance allows them to wear face masks, it must be ensured that they wear them when in contact with nursing and care staff and during stays in the common areas of the facility.

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

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

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

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

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

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

(10a) The provider of the residential or short-term care facility must, by order of the public health department, have a test for COVID-19 carried out immediately on all persons in need of care or assistance as well as employees if they have had contact with a person according to categories I and II as defined by the Robert Koch Institute. In agreement with the public health department, the testing can be limited to persons in need of care or assistance in individual parts of the facility and to employees working there.

(10b) All persons employed in the residential facility, short-term or outpatient care service who are subject to official quarantine orders according to section 35 (1) must not enter the residential or short-term care facility or the homes of persons in need of care or assistance for a period of 14 days after returning from a risk area according to section 35 (4). Before the expiry of the period of 14 days after returning from a risk area according to section 35 (4), employees may only enter the facilities or the homes of persons in need of care or assistance if the requirements of section 36 (3) are met and it is confirmed by a doctor that no sooner than five days after entry, a PCR test following the recommendations of the Robert Koch Institute was carried out from two simultaneous swabs taken from the nasopharyngeal area, which produced a negative test result. Sentence 2 only applies unless the employees show symptoms that indicate an infection with COVID-19 in the sense of the current criteria of the Robert Koch Institute.

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

Section 31 Facilities for Integration Support
(1) Institutions for persons with disabilities in which integration assistance services are provided in special forms of housing or in residential groups with outpatient care must draft an infection control concept for entering according to section 6 and the applicable hygiene and infection control regulations.

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

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

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

(3) The facilities referred to in subsections (1) and (2) may only be entered if the facility-specific protection concepts are fulfilled.

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

(5) Clients of the facilities referred to in subsection (2) sentence 2 shall be guaranteed reasonable outward and return transport. As far as spatial conditions allow, section 3 (2) applies accordingly. During transportation, all users must wear a face mask according to section 8 (1). The obligation to wear a face mask according to section 8 (1) also applies to the driving staff and other accompanying persons unless the vehicle is equipped with other devices to prevent droplet infection. Persons with symptoms of a respiratory illness are excluded from transport.

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

(7) All persons employed in an integration support institution who are subject to official quarantine orders according to section 35 (1) must not enter the facility for a period of 14 days after returning from a risk area as stated in section 35 (4). Before the period of 14 days after returning from a risk area as stated in section 35 (4) has expired, employees may only enter the facility if the conditions of section 36 (3) are met and it is confirmed by a doctor that no sooner than five days after entry, a PCR test following the recommendations of the Robert Koch Institute was carried out from two simultaneous swabs taken from the nasopharyngeal area, which produced a negative test result. Sentence 2 only applies unless the employees show symptoms that indicate an infection with COVID-19 in the sense of the current criteria of the Robert Koch Institute.

(8) By order of the health authorities, the organisation responsible for the facilities mentioned in subsections (1) and (2)must test all clients and employees immediately for COVID-19 if they have had contact with a person of category I as defined by the Robert Koch Institute. In agreement with the public health department, the testing can be limited to clients in individual parts of the facility and to employees working there.

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

  1. the day care facility may not be entered by persons who show symptoms of a respiratory illness or who are proven to be infected with COVID-19 or who have returned from a risk area according to section 35 (4) within the previous 14 days;
  2. before the period of 14 days after returning from a risk area according to section 35 (4) expires, employees may only enter the facility if the conditions of section 36 (3) are met and if it is confirmed by a doctor that no sooner than five days after entry, a PCR test following the recommendations of the Robert Koch Institute was carried out from two simultaneous swabs taken from the nasopharyngeal area, which produced a negative test result; this only applies if the employees do not show symptoms indicating an infection with COVID-19 in the sense of the current criteria of the Robert Koch Institute;
  3. clients and employees of the day care facilities as well as external persons regularly entering the facility during opening hours must take a PCR test once per week to rule out an infection with COVID-19; as an exception, clients shall not be tested if they do not sustain participation in the test due to cognitive impairments; a positive test result must be reported to both the public health department responsible for the person and the public health department responsible for the day care facility;
  4. on a weekly basis, the provider of the day care facility must inform the responsible authority in anonymised form of the number of persons to be tested, the number of persons who have been tested and the number of persons who have not been able to sustain testing due to cognitive impairments;
  5. it must be ensured that no clients or employees of the day care facility, nor any regular visitors who have tested positive for COVID-19 have entered the day care facility for a period of at least seven days;
  6. clients and employees of the day care facilities and external persons regularly entering the day care facility during opening hours who are contact persons of categories I and II according to the definition of the Robert Koch Institute may only enter the facility if it is confirmed by a doctor that no sooner than five days after the exposure, a PCR test following the recommendations of the Robert Koch Institute was carried out from two simultaneous swabs taken from the nasopharyngeal area, which produced a negative test result;
  7. for the purpose of official traceability, the contact details of day care clients, the period of presence and, if applicable, the identification with care groups, the presence and, if applicable, the identification of employees with individual care groups, the presence of external visitors and persons who bring guests to the facility or collect them from the facility must be recorded according to section 7;
  8. day care clients or their legal representatives must confirm in writing that he or she has not had contact with COVID-19 patients in the previous 14 days, has not tested positive for COVID-19, has not returned from a risk area according to section 35 (4) within the previous 14 days and shows no symptoms of a respiratory illness;
  9. a physical distance of 1.5 metres must be maintained during the entire stay in the day care facility; section 3 (2) numbers 1 and 2 apply accordingly; otherwise section 3 (2) sentence 2 does not apply; subsection (3) number 4 remains unaffected;
  10. section 5 applies accordingly;
  11. day care clients must wear masks on the premises according to section 8; this also applies to the outdoor areas of the day care facility if a physical distance of 1.5 metres cannot be maintained.

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

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

  1. the minimum physical distance of 1.5 metres must always be maintained;
  2. the number of nursing staff per day care client shall be reduced if possible;
  3. newly occurring symptoms of coughing, changes in breathing frequency, increased body temperature and hoarseness must be documented;
  4. direct physical contact between nursing staff and day care clients shall be limited to the necessary extent;
  5. the nursing staff must wear a face mask during working hours; section 8 (1) and (2) apply accordingly; otherwise section 8 does not apply;
  6. if possible, small groups should be formed within the group of day care clients.

(4) If possible, the day care clients should be brought and collected by relatives in agreement with the responsible person of the day care facility. If day care clients are collected by transport service, no more than 50 per cent of the seats in the transport vehicle may be used. If there are no other devices in the vehicle to prevent droplet infection, the driver must wear a face mask during transport; section 8 (1) and (2) apply accordingly; otherwise section 8 does not apply. The obligation to wear face masks according to section 8 also applies to day care clients during transport. The driver must remind day care clients to comply with the obligation in individual cases by means of written or acoustic notices or pictures as well as verbal warnings in the event of non-compliance.

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

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

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

Section 33 Suspension of Routine Checks
Routine checks of residential facilities (according to section 30 HmbWBG, lit. Hamburg Quality Act for Residential and Day Care) shall be suspended until further notice.

Section 34 Group Activities and Meetings for Senior Citizens
For service offers for retired persons and senior citizens, the following requirements apply:

  1. the physical distance requirements according to section 3 (2) apply, with the exception of section 3 (2) 3 and 4;
  2. the general hygiene requirements according to section 5 must be met;
  3. an infection control concept must be drafted according to section 6;
  4. the contact details of all participants must be collected according to section 7;
  5. 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 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. Further details are to be determined by the responsible judicial authority.

(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.

Part 8 Official Quarantine Orders for Entry and Return

Section 35 Isolation upon Entry and Return; Observation
(1) Persons entering the City of Hamburg by land, sea or air from abroad who at any time within 14 days prior to their entry have stayed in a risk area according to subsection (4) must go directly to their own home or other suitable accommodation immediately after entry and remain there permanently for 14 days; this also applies to persons who first entered another German federal state. During this period, persons subject to these quarantine orders must not receive visits from persons who do not belong to their household. Persons in care or custody of others must ensure that the children living with them in the same household comply with these rules.

(2) The persons subject to quarantine orders according to subsection (1) must inform the responsible authority immediately and draw attention to the orders stated in subsection (1). Persons subject to quarantine orders stated in subsection (1) must inform the authority in charge immediately in the event of symptoms indicating an illness possibly connected with COVID-19 under the current criteria of the Robert Koch Institute.

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

(4) Risk areas according to subsection (1) are states or regions outside the Federal Republic of Germany for which there is an official notice of an increased risk of infection with the SARS-CoV-2 coronavirus at the time of entry into Germany. The classification as a risk area is made by the Federal Ministry of Health, the Federal Foreign Office and the Federal Ministry of the Interior and is published by the Robert Koch Institute.

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

(2) Section 35 (1) does not apply to persons whose professional activity is absolutely necessary for the maintenance of diplomatic and consular relations; the absolute necessity of the professional activity of diplomatic and consular staff must be examined and certified by the employer.

(3) Section 35 (1) does not apply to persons holding a medical certificate in German or English confirming that there is no indication of an infection with the SARS-CoV-2 coronavirus and who present it on request to the responsible authority immediately. This medical certificate must be based on a molecular biological test for an infection with the SARS-CoV-2 coronavirus, carried out in a member state of the European Union or another state accredited by the Robert Koch Institute, and the test must be carried out no more than 48 hours prior to the entry into the Federal Republic of Germany. This medical certificate must be retained for at least 14 days after entry. A finding from a specialist medical laboratory is equivalent to a medical certificate.

(3a) Persons subject to quarantine orders according to section 35 (1) may suspend quarantine for the sole purpose of going directly to a facility for taking samples for molecular biological testing for an infection with COVID-19. During the period of quarantine suspension, a minimum physical distance of 1,5 metres must be maintained in public places from all persons not belonging to the same household. In addition, during the period of quarantine suspension, the obligation to wear a face mask in all public spaces applies according to section 8 (1). The use of public transport is not permitted. After the test, the persons shall immediately and directly return to their own homes or other suitable accommodation and continue the official quarantine.

(4) Exemptions may be granted if justifiable after consideration of all the interests involved.

(5) Subsections (1) to (4) apply only if persons referred to do not experience symptoms indicating a COVID-19 infection according to the current criteria of the Robert Koch Institute. In the event of symptoms indicating a COVID-19 infection according to the current criteria of the Robert Koch Institute within 14 days following the entry, the persons stated in subsections (2) to (4) must inform the responsible authority immediately.

Part 9 Restriction of Basic Rights, […] Expiry

Section 37 Restriction of Basic Rights
These regulations restrict the basic rights of the freedom of the person (section 2 (2) of the German Basic Law), the freedom of movement (section 11 (1) of the German Basic Law), the inviolability of the home (section 13 of the German Basic Law) and the freedom of assembly (section 8 (1) of the German Basic Law).

[…]

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

(2) Section 23 (4) shall expire at the end of 19 October 2020. Otherwise, these regulations shall expire at the end of 30 November 2020.

Issued by the Assembly of the Senate,
Hamburg, 25 August 2020.

Disclaimer: We are a small team providing a non-official, but comprehensive (human) translation of the current corona regulations within the City of Hamburg, for your convenience. This process may take several days to be completed, so be sure to check back soon for the finished product. If in doubt, please see the full regulations in German. For more English information, please see our FAQs.

*By integrating this * asterisk-marked offer, we may receive a commission from the dealer upon purchase. These purchased products will not be more expensive for you as a user.