Landungsbrücken

COVID-19 Corona Rules and Regulations in Hamburg

This is the draft of the corona regulations applicable from Saturday, 15 January 2022. 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, 15 January 2022. 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 evidence in accordance with section 2 number 3 of the COVID-19-Schutzmaßnahmen-Ausnahmenverordnung (lit. ‘Ordinance of the Exceptions from COVID-19 Protection Measures’; German only)

(6) For the purpose of these regulations, proof of recovery is a piece of evidence in accordance with section 2 number 5 of the COVID-19-Schutzmaßnahmen-Ausnahmenverordnung.

(6a) For the purpose of these regulations, proof of booster vaccination is a piece of written or electronic evidence of a further vaccination jab against the SARS-CoV-2 coronavirus after a previously completed series of vaccination in accordance with section 2 number 3 of the COVID-19-Schutzmaßnahmen-Ausnahmenverordnung in English, French, Italian or Spanish.

(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).

(9) A vaccinated person is a person with a valid vaccination certificate according to subsection (5) issued in his or her name.

(10) A recovered person is a person with a valid certificate of full recovery from an infection with the SARS-CoV-2 coronavirus according to subsection (6) which was issued in his or her name.

Section 2a Obligation to Provide Proof for Exemptions
In the case that persons, within the scope of these regulations, make use of the exemptions according to section 2 of the COVID-19-Schutzmaßnahmen-Ausnahmenverordnung, they must be able to provide proof of vaccination or proof of recovery according to 2 (5) and (6), respectively, of these regulations.

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 permissible according to section 4 or section 4a.

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

(3) Notwithstanding subsection (1), physical distancing is recommended in the following areas:

  1. while exercising a profession according to section 12 (1) of the Grundgesetz Basic Law, unless specified otherwise in these regulations;
  2. while fulfilling the duties as a member of the Bürgerschaft parliament, the Senate, the constitutional court, a federal or state constitutional institution, as a civil servant, judge, or member of a district assembly or other civil or community bodies, as an ambassador or while fulfilling civil service or legal duties;
  3. in the context of the containment of the current pandemic situation;
  4. in hospitals, in medical or care facilities, doctors’ offices, rehabilitation facilities or other public health facilities, social work facilities, facilities for the support of children and young adults, social support and counselling facilities and veterinary facilities;
  5. at court or in civil service and public authority offices or in any other institutions that fulfil public duties;
  6. during broadcasts by members of the press, broadcasting or film companies and other media;
  7. while caring for or supporting persons with disabilities or in need for care or support;
  8. while visiting schools, child care centres, youth support facilities or other people’s support facilities including privately organised support in small groups as well as while accompanying children and young adult to and from these facilities;
  9. in public transport according to section 12;
  10. at state, private and confessional schools of higher education according to section 22, including their institutes and facilities;
  11. during sport and swimming according to section 20.

In the case specified in sentence 1, section 9 shall not apply.

Section 3a (cancelled)

Section 4 Contact Restrictions
For persons who are neither vaccinated according to section 2 (9) nor recovered according to section 2 (10), private meetings and celebrations in the public or private space are only permitted with

  1. members of the same household; and
  2. no more than two persons from another household;

this includes vaccinated and recovered persons; children belonging to these household who are under the age of 14 are not counted. Spouses and life partners shall be counted as the same household. Sentence 1 does not apply to persons

  1. under the age of 14; or
  2. who cannot get vaccinated against the SARS-CoV-2 coronavirus because of medical contraindication and who have medical proof of this condition according to section 10j (2).

Private meetings occurring exclusively in the context of exercising custodial law shall remain unaffected.

Section 4a Private Meetings and Celebrations of Vaccinated and Recovered Persons
(1) Private meetings and celebrations in which the only persons participating are

  1. fully vaccinated persons according section 2 (9);
  2. fully recovered persons according to section 2 (10);
  3. persons who cannot get vaccinated against the SARS-CoV-2 coronavirus because of medical contraindication and who have medical proof of this condition according to section 10j (2); and
  4. persons under the age of 14.

are permitted with no more than 10 persons. Children under the age of 14 shall not be counted. Section 9 and 15a shall not apply. Sentence 1 does not apply to private meetings of members of the same household or persons fulfilling duties of supervision according to custodial law.

(2) For private meetings and celebrations with persons other than those stated in subsection (1) sentence 1, the requirements according to section 4 shall apply.

Section 4b Prohibition of Gatherings and Fireworks on New Year’s Eve and New Year’s Day
(1) Between 31 December 2021, 7 p.m. and 1 January 2022, 7 a.m., any gathering of more than 10 persons on public streets and squares shall be prohibited; children under the age of 14 shall not be counted. This does not apply to gatherings according to section 10 and religious ceremonies according to section 11.

(2) On 31 December 2021 and 1 January 2022, the use of firecrackers and pyrotechnics shall be prohibited outside private property, with the exception of category F1 pyrotechnics. The display of public fireworks shall be prohibited for the same period of time.

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 sections 15, 16 (1) sentence 2 and 18b Fridays and Saturdays as well as on days which are followed by public holidays from 2 p.m. to 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 no. 1 to 31;
  2. on Große Freiheit street from no. 1 to 47;
  3. on Talstraße street from no. 1 to 36 and on Hamburger Berg street from no. 1 to 39;
  4. on Hans-Albers-Platz square;
  5. in the Antonipark (Park Fiction), including Bernhard-Nocht-Straße from no. 1 to 3 and St. Pauli Hafenstraße from no. 140 to 126;
  6. on Antonistraße street no. 1 to 5;
  7. on Friedrichstraße street no. 1 to 39;
  8. on Schulterblatt street from no. 1 to 106;
  9. on Susannenstraße street;
  10. on Bartelsstraße street from no. 63 to 1
  11. on Schanzenstraße street from no. 1 to 121;
  12. on Neuer Kamp street no. 30 (Lattenplatz);
  13. in Neuer Pferdemarkt park;
  14. on Beim Grünen Jäger street from no. 1 to 16;
  15. on Wohlwillstraße street from no. 29 to 55;
  16. on Paulinenplatz square and on Paulinenstraße street from no. 8 to 18;
  17. on Paul-Roosen-Straße street from no. 4 to 49;
  18. on Clemens-Schultz-Straße street from no. 1 to 56;
  19. on Wohlers Allee street in front of no. 78;
  20. in Schanzenpark;
  21. in Wohlers Park;
  22. in Emil-Wendt-Park;
  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 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;
  29. on Neuer Kamp street from no. 1 to 32, including the areas in front of U Feldstraße underground train stop;
  30. on Max-Brauer-Allee street from no. 200 to 279;
  31. on Altonaer Straße street from no. 1 to 67;
  32. on Sternschanze street from no. 1 to 9 including the area in front of the S/U Sternschanze train stops.

(1a) In the areas stated in (1) 1 to 18 and 29 to 32, 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) (1b) 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 sections 15, 16 (1) sentence 2, 18b and 18c, Mondays to Thursdays, from 2 p.m. to 6 a.m. the following morning, on Fridays from 2 p.m., all day on Saturdays as well as on Sundays and days which are followed by public holidays from all day until 6 a.m. the following morning:

  1. 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;

  2. on Steindamm street from Steintorplatz up to no. 33.

(1c) In the Stadtpark Hamburg public park, subsections (1) and (1a) 3 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.

(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 3 (3) sentence 1 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 6 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, without exhalation valve. 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) Whenever wearing a medical face mask is obligatory, wearing an FFP2 face mask, or a medical face mask with a similar or higher technical standard, is recommended.

Section 9 General Regulations for Events
(1) For events, unless stated otherwise in these regulations, the following requirements apply:

  1. the requirements of the obligatory 2G plus access plan according to section 10k must be met;
  2. the general hygiene requirements according to section 5 must be met, with the exception of section 5 (1) 1 and 2;
  3. an infection control concept according to section 6 must be drafted;
  4. contact details of all participants must be collected according to section 7;
  5. the obligation to wear a medical face mask according to section 8 applies to all persons present, with the provision that the face mask may be removed by performers, speaker or lecturers while performing, speaking or lecturing as well as while consuming food and drink according to sentence 2;

  6. with special regard to subsection (2), the number of participants must be limited as follows:
    a) no more than 200 participants indoors;
    b) no more than 1000 participants outdoors;

  7. for all participants, dancing is prohibited.

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

(2) Notwithstanding subsection (1) 6, the responsible authority may approve a greater number of participants in special cases if the following requirements are met:

  1. the event location must have secure entrance and exit areas that allow for a segmentation of the audience when entering or exiting the premises;
  2. the infection control concept according to subsection (1) 3 must contain the placement of the seats and standing places, the segmentation of the audience when entering or exiting the premises as well as the sanitary facilities;
  3. closed rooms must have ventilation systems that significantly reduce the risk of infection with the coronavirus in accordance with the current state of the art; compliance with the current state of the art is presumed if the recommendations of the Umweltbundesamt in this regard and the generally recognised rules of technology are met;
  4. holding the event with a greater number of participants must be justifiable from the point of view of infection control, with respect to the current epidemiological situation; when determining the number of participants, the capacities of the entrance and exit areas, the sanitary and gastronomic facilities of the venue as well as the capacities of the local public transport system and local parking facilities of the venue must be taken into account in particular.

Permission may also be granted for a series of events of the same kind at the same venue. The permission may be subject to further infection control requirements, in particular requirements on the occupancy of seating and standing areas and on the arrangement of seating and standing areas set up separately for the event, as well as restrictions on the sale and consumption of alcoholic beverages.

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 prior to public announcement; for urgent open-air gatherings, the notice period shall be 24 hours prior to holding the gathering;
  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 100 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 according to sentence 1; for gatherings with fewer than 100 participants, the organiser of the gathering must draft an infection control concept according to section 6 if this is requested by the responsible authority;

  4. the obligation to wear a medical face mask according to section 8 applies, with the provision that speakers and lecturers may remove their face mask while speaking or lecturing.

(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, especially with respect to the number of participants as well as to the place, duration or manner of the gathering, or prohibit it altogether. For outdoor gatherings with more than 5000 participants, there shall be restrictions to the total number of participants, with respect to the current epidemiological situation and the local conditions of the place of the gathering. 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 to 4 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, sentence 2 or subsection (3) 1.

As soon as a gathering is officially ended according to sentence 3, 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 according to 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 (2) 4 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 of political parties, 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. For indoor gatherings, the obligation to wear a medical face mask according to section 8 applies, with the provision that the face mask may be removed by speakers or lecturers while speaking or lecturing as well as while consuming food and drink according to section sentence 5. For gastronomy, sections 9 and 15 apply accordingly. If the gathering takes place in accordance with the optional 2G plus access plan according to section 10k, instead of the requirements according to sentences 1 to 4, only the following requirements shall apply:

  1. the general hygiene requirements according to section 5 must be complied with, with the exception of section 5 (1) 1 and 2;
  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. in closed rooms, the obligation to wear a medical face mask applies to all persons present, with the provision that the face mask may be removed by performers, speaker or lecturers while performing, speaking or lecturing; this requirement shall not apply if fixed seating is arranged in a way that there is a spare seat to the left and right and to the front and behind every taken seat; if section 3 (2) sentence 2 applies to the persons seated, the spare seat need not be left.

Section 10a Obligation to Wear a Face Mask in Public Buildings and in Places of Work and Business; Access to Courts and Public Offices; Occupational Health and Safety
(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. This does not apply to public buildings to which the provisions stated in sections 11 to 34a are applicable.

(2) 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.

(2a) Unless stated otherwise in these regulations or in the IfSG, access to official buildings and institutions of the Free and Hanseatic City of Hamburg may only be granted to persons who have tested negative according to section 10h. This does not apply to

  1. the Bürgerschaft parliament;
  2. the Senate;
  3. the district assemblies;
  4. the committee for the election of judges;
  5. facilities of the police;
  6. the inspection of construction plans or similar documents with public access;
  7. the district service points of psychiatric, care or social work services;
  8. the service points for housing emergencies;
  9. cashiers’ offices;
  10. the state office for grocery, fruit and flower wholesale;
  11. the service points for children’s and family aid;
  12. counselling service points according to the ProstSchG;
  13. the Altona AIDS and STI help and service centre (CASAblanca);

  14. the GESAH14 help and service centre;

  15. community sport courts; and
  16. the Welcome Center at the Authority for the Interior.

Sentence 1 does also not apply to postal services and for deliveries and services ordered by the civil offices. Whenever the requirement according to sentence 1 applies, persons who do not hold negative test certificate according to section 10h can report issues if they are cannot be delayed. The authorities stated in sentence 2 numbers 1 to 4 may issue further conditions upon entering sessions or events.

(3) For all buildings of the courts, the responsible president or director may regulate that access may only be granted to persons who have tested negative according to section 10h, with the exception of persons involved in trials, their legal representatives, witnesses, assessors and persons who employ legal application services; this may also apply to voluntary and lay judges. […]

(4) 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 occupational health and 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;
  5. facilities according to section 23 Infektionsschutzgesetz.

(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 (cancelled)

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 or antigen rapid testing carried out according to section 4 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 in combination with a valid proof of ID;
  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 require the operation of public facilities, commercial or business premises, restaurants, tourist accommodation or other areas with public access to implement the 2G access plan (obligatory 2G access plan) or enables them to refrain from certain requirements stated in these regulations (optional 2G access plan), the following requirements apply:

  1. entry to the establishment, facility or venue or participation in the activity is, with respect to subsection (2), 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 16;
  2. the proof according to number 1 or subsection (2) must be presented upon request to the operator, the organiser or the service provider before entering the establishment, facility or venue or taking part in the activity, as well as to the responsible authority;
  3. all persons employed by or working otherwise in the facility, business or at the event who do not have proof of full vaccination according to section 2 (5) or recovery according to section 2 (6) must be able to present a valid negative test result according to section 10h; for these persons, the obligation to wear a medical face mask according to section 8 applies, with the provision that the face masks may be removed if this is absolutely necessary for the exercise of the profession;
  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 and subsection (2) 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;

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; such a suitable software application as well as the mobile device used for this purpose must be held ready. The requirements according to sentence 1 numbers 1,2 and 4 may be fulfilled if the manager, operator or organiser employs a service provider exercising the checks according to sentence 1 numbers 1, 2 and 4 and provide customers, patrons, guests or visitors who meet the requirements according to sentence 1 and 2 with forgery-proof, personal and non-transferable proof of admission which is valid only for the day of checking and which must be presented and checked before entering the business premises, the facility or the event venue; this proof of admission shall only be valid for the areas defined by the manager, operator or organiser; the responsibilities of the manager, operator or organiser for the compliance with the requirements according to sentence shall remain unaffected.

(2) The restriction of access according to subsection (1) 1 does not apply to persons who, before entering a business, facility or venue or taking in an activity, are able to present an official medical statement in original form that the respective person cannot vaccinate against the SARS-CoV-2 coronavirus because of a medical contraindication, provided that the respective person can present a negative test result according to section 10h. The medical statement must contain the following information:

  1. name, date of birth and address of the respective person;
  2. identity of the person who has issued the official medical statement;
  3. the identification of a medical contraindication against the vaccination against the SARS-CoV-2 coronavirus;
  4. in the case of a temporal medical contraindication, the estimated period of existence of this condition;
  5. the date of issue of the statement.

(3) in the case of the implementation of an optional 2G access plan, 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 subsection (1) 1 and (2) and must ensure compliance with the requirements according to subsection (1) and (2); 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. 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.

(4) The owner of the facility, the operator or organiser must fulfil the obligations according to subsection (1) 1 to 4, and for the purpose of deciding on the employment of persons according to subsection (1) 3, the owner, operator or organiser may collect personal data on the vaccination status according to section 2 (5), the status of a recovery from an infection with COVID-19 according to section 2 (6), a negative test result, an official medical statement according to subsection (2) or the age of the person. The requirements of general data protection shall remain unaffected. […] The persons responsible for data collection must ensure that the data collected cannot be accessed by unauthorised third persons. The use of personal data for purposes other than those specified in these requirements is prohibited. The data must be irreversibly deleted as soon as they are no longer required for the purposes referred to in sentence 1.

Section 10k Public Activities for Vaccinated and Recovered Persons Only with an Additional Test Certificate (2G Plus Access Plan)
Wherever these regulations require the operation of public facilities, commercial or business premises, restaurants, tourist accommodation or other areas with public access to implement the 2G access plan (obligatory 2G access plan) or enables them to refrain from certain requirements stated in these regulations (optional 2G access plan), the following requirements apply:

  1. the requirements of the 2G access plan according to section 10j must be met;
  2. access to the business, the facility or the event location or participation in the activity shall only be permitted to clients, visitors, participants or guests who have tested negative for the SARS-CoV-2 coronavirus and can present a test certificate according to section 10h; section 10h (2) shall not apply.

Vaccinated persons according to section 2 (9) who present proof booster vaccination according to section 2 (6a) or proof of full recovery according to section 2 (6) shall be exempt from the obligation to present a negative test certificate according to sentence 1 number 2; the testing on which the proof of full recovery is based must have occurred after a full series of vaccination according to section 2 number 2 of the COVID-19-Schutzmaßnahmen-Ausnahmenverordnung has been completed.

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. The protection concept must provide that gatherings for which large numbers of visitors are expected which could exceed the capacity, taking into account the distance requirement, may only be held on prior registration of participants and access control.

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

(3) If the event or gathering is held in accordance with the optional 2G plus access plan in accordance with section 10k, instead of the requirements according to subsections (1) and (2), only the following requirements apply:

  1. the general hygiene requirements according to section 5 must be complied with, with the exception of section 5 (1) 1 and 2;
  2. an infection control concept according to section 6 must be drafted;
  3. at funeral services, the attending persons’ contact details must be collected according to section 7;
  4. for all persons present indoors, the obligation to wear a medical face mask according to section 8 applies, with the provision that performers may take off their face masks during the performance of liturgical or other comparable acts.

Section 9 does not apply.

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 comply with the following requirements:

  1. all persons aged 14 or over must wear an FFP2 face mask or other medical face mask of a similar or higher standard;
  2. children between ages 6 and 14 must wear a medical face mask according to section 8 (1a) sentences 2 and 3.

If public passenger transport is carried out in passenger cars, driving staff must wear a medical face mask according to section 8 as soon as one or more passengers are inside the vehicle; section 8 (1) 4 shall not apply to driving staff nor passengers. 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 following requirements apply:

  1. the requirements of the obligatory 2G plus access plan according to section 10k must be met;
  2. the general hygiene requirements according to section 5 must be met, with the exception of section 5 (1) 1 and 2;
  3. an infection control concept according to section 6 must be drafted;
  4. contact details must be collected according to section 7
  5. for all persons present indoors or in vehicles, the obligation to wear a medical face mask according to section 8 applies, with the provision that performers, speakers and lecturers may take off their face masks while performing, speaking or lecturing as well as while consuming food and drink according to sentence 2.

For gastronomic facilities, section 15 applies.

Section 13 Retail Shops and Markets
(1) On all premises of retail businesses, shops of service or craft enterprises, pawnshops and at their public auctions as well as other auctions, at travelling warehouses and at weekly markets, the following requirements apply:

  1. the requirements of the obligatory 2G access plan according to section 10j must be met;
  2. the general hygiene requirements according to section 5 must be met, with the exception of section 5 (1) 1 and 2;
  3. an infection control concept according to section 6 must be drafted;
  4. all persons present indoors must wear medical face masks according to section 8, with the provision that the face masks may be removed while consuming food and drink according to sentence 3.

In malls and outdoor shopping centres, the requirements according to number 1 may also be met by checking the customers according to section 10j before entering the mall or shopping centre premises. For gastronomy, section 15 applies. Section 9 does not apply.

(2) Subsection (1) does not apply to the following businesses, facilities or service offers of the essential supply for basic needs:

  1. groceries;
  2. pharmacies;
  3. retail of medical aid supplies, including opticians, hearing-aid technicians and medical aid supplies shops;
  4. drug stores;
  5. babies’ supplies shops
  6. Reformhäuser (health food shops);
  7. sales stalls at regular outdoor markets;
  8. beverage supplies shops;
  9. petrol/gas stations;
  10. banks;
  11. post offices;
  12. dry cleaners;
  13. laundrettes;
  14. book shops;
  15. writing supply shops;
  16. newsagents;
  17. pet supplies shops;
  18. flower shops;
  19. hardware stores and garden centres;
  20. wholesale;
  21. vehicle and bike repair shops;
  22. pick-up and delivery services.

For all of these businesses, facilities and activities, the following requirements apply:

  1. the general hygiene requirements according to section 5 must be met;
  2. all persons present must wear a medical face mask according to section 8; this also applies to waiting lines and crowds of people in outdoor areas and on parking lots; the obligation to wear a medical face mask does not apply to vendors at outdoor market stalls if they are fully vaccinated according to section 2 (5) or recovered according to section 2 (6);
  3. public access must be monitored by technical or organisational means so that the total number of customers must be limited to one customer per 10 square metres of sales area; for shopping malls, the total sales area shall be decisive; businesses with a total sales area of less than 10 square metres must not allow more than one customer, plus an accompanying persons if applicable according to section 3 (3) 7; this obligation to limit public access shall not apply to regular weekly markets, Christmas markets or winter markets, provided that they are held in the open air.

For gastronomy, section 15 applies. Section 9 does not apply.

(3) For businesses and facilities with a mixed stock of goods, the requirements according to subsection (2) shall apply if such goods which are conform with the stock typical of a business or facility stated in subsection (2) form the main part of the stock. These businesses or facilities may sell goods from all of their regular stock. The stock of goods that are not conform with the stock typical of businesses and facilities stated in subsection (2) may not be expanded.

(4) 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.

(5) For facilities and businesses stated in subsections (1) to (3), 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
(1) For trade fairs and exhibitions, the following requirements apply:

  1. the requirements of the obligatory 2G plus access plan according to section 10k must be met;
  2. the general hygiene requirements according to section 5 must be met;
  3. an infection control concept according to section 6 must be drafted;
  4. contact details must be collected according to section 7;
  5. for all persons present in closed rooms, the obligation to wear a medical face mask according to section 8 applies, with the provision that performers, speakers and lecturers may remover their face masks while performing, speaking or lecturing as well as while consuming food and drink according to sentence 2.

For gastronomy, section 15 applies.

(2) (cancelled)

Section 14 Body Care and Hygiene Services
(1) For body care services, especially podiatry, beauty studios, massage parlours, tattoo studios, tanning salons as well as hairdressing services, the following requirements apply:

  1. the requirements of the obligatory 2G plus access plan according to section 10k must be met;

  2. the general hygiene requirements according to section 5 must be met, with the exception of section 5 (1) 1 and 2;

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

  4. contact details must be collected according to section 7;
  5. for all persons present in closed rooms, the obligation to wear a medical face mask according to section 8, with the provision that the face mask may be removed temporarily if this is necessary for the performance of the service.

(2) Notwithstanding subsection (1), hairdressers and podiatrists may also offer their services if the following requirements are 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. 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, with the provision that the mask may be removed if this is absolutely necessary for the service;
  5. 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,
  6. 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.

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, instead of the requirements according to subsections (1), only 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.

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. the requirements of the obligatory 2G plus access plan according to section 10k must be met;

  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.

For saunas, steam baths or whirlpools, section 20 (2) applies accordingly. For gastronomical services, section 15 applies 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. the requirements of the obligatory 2G plus access plan according to section 10k must be met.

(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. the requirements of the obligatory 2G plus access plan according to section 10k must be met;

  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 requirements of the obligatory 2G plus access plan according to section 10k must be met;
  2. the general hygiene requirements according to section 5 with the exception of section 5 (1) 1 and 2 must be met;
  3. an infection control concept according to section 6 must be drafted;
  4. contact details must be collected according to section 7;
  5. for all persons present in closed rooms, the obligation to wear a medical face mask according to section 8 applies, with the provision that patrons may remove their face masks while seated; the manager must ensure compliance of their staff and patrons with the obligation to wear a medical face mask according to section 8;

  6. consumption and service are only permitted at tables with seating; standing places are not allowed;

  7. dancing and the organisation of dancing opportunities shall be prohibited;

  8. Shishas and similar waterpipes may only be used by a single person with disposable hoses and mouth pieces; shishas and similar waterpipes must be cleaned completely after each use.

Opening indoor as well as outdoor seating areas in gastronomy for public access, including private parties for patrons, shall be prohibited between 11 p.m. and 5 a.m. the following morning.

(2) Subsection (1) does not apply to staff restaurants and cafeteria without public access, cafeterias in medical and health care facilities, cafeterias of integration support facilities and food supply services for persons experiencing homelessness; here, 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. consumption is only permitted at tables with seating; standing places are not allowed;

  4. seating 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;
  5. 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;
  6. for all persons present in closed rooms, the obligation to wear a medical face mask according to section 8 applies, with the provision that patrons may remove their face masks while seated at their tables; the manager must ensure compliance of their staff with the obligation to wear a medical face mask according to section 8.

Staff restaurants and cafeterias without public access may also be operated according to the requirements according to subsection (1).

(3) For the sale of take-away food and drink, the requirements according to subsection (1) 1 to 4 and subsection (1) sentence 2 do not apply. The requirement to wear a medical face mask according to section 8 applies. Food and drink collected for take away may not be consumed on site or in the immediate vicinity.

(4) 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.

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

Section 15a Dancing Events
Events involving dancing, especially in clubs, discotheques and live music venues, shall be prohibited.

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 requirements of the obligatory 2G plus access plan according to section 10k must be met, with the provision that testing negative for the SARS-CoV-coronavirus according to section 10k number 2 must be repeated every 72 hours;

  2. the general hygiene requirements according to section 5 must be met, with the exception of section 5 (1) 1 and 2;
  3. an infection control concept according to section 6 must be drafted;
  4. contact details must be collected according to section 7;
  5. 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 guests’ personal rooms and while consuming food and drink according to sentence 2.

For gastronomy, section 15 applies. Notwithstanding sentence 1 number 1, accommodation is permitted of persons

  1. who are vaccinated against the SARS-CoV-2 coronavirus with a vaccine that is not approved in the EU if they can provide written or electronic proof of vaccination and a negative PCR test which must not date back more than 48 hours; or
  2. who meet the requirements of section 6 (1) 3, 4, 8 to 10 and 11b, (2) 1a, b, bb and cc of the Coronavirus-Einreiseverordnung and provide a negative test result according to section 10h.

In the cases of sentence 3, testing negative for the SARS-CoV-2 coronavirus according to section 10h must commence before beginning the accommodation and repeated every 72 hours.

(2) For the clearance of cruise ships as well as their stay on waterways within the City of Hamburg, subsection (1) applies accordingly.

(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. In collective accommodation for seasonal workers or workers on building sites, the requirements of subsection (1) 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
For indoor leisure activities, unless specified otherwise in these regulations, and for indoor guided tours, the following requirements apply:

  1. the requirements of the obligatory 2G plus access plan according to section 10k must be met;
  2. the general hygiene requirements according to section 5 must be met, with the exception of section 5 (1) 1 and 2;
  3. an infection control concept according to section 6 must be drafted;
  4. contact details must be collected according to section 7;
  5. for all persons present, the obligation to wear a medical face mask according to section 8 applies, with the provision that performers, speakers and lecturers may remove their face masks while performing, speaking or lecturing as well as while consuming food and drink according to section 15.

If the event is thematically aimed at children or young adults under the age of 18, in addition to the requirements according to sentence 1, the obligation to wear medical face masks according to section 8 applies to all persons present, with the provision that the face mask may be removed during performances by the persons performing or during lectures and speeches by the persons lecturing or speaking.

(2) For outdoor leisure activities, unless specified otherwise in these regulations, and for outdoor 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. 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;
  5. 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);
  6. 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.

If the activities are operated according to the optional 2G access plan in accordance with section 10j, instead of the requirements according to sentence 1, only the requirements according to subsection (1) 2 to 4 apply.

Section 18 Cultural Facilities
For the indoor operation of theatres, opera houses, concert halls, musical stages, cinemas, planetariums, literature houses, live music venues and music clubs, the following requirements apply:

  1. the requirements of the obligatory 2G plus access plan according to section 10k must be met;
  2. the general hygiene requirements according to section 5 must be met, with the exception of section 5 (1) 1 and 2;
  3. an infection control concept according to section 6 must be drafted;
  4. contact details must be collected according to section 7;
  5. for all persons present in closed rooms, the obligation to wear a medical face mask according to section 8 applies, with the provision that performers, speakers and lecturers may remove their face masks while performing, speaking or lecturing as well as while consuming food and drink according to sentence 2;

  6. there may be a maximum of 1000 participants present at the event; section 9 (2) applies accordingly;
  7. dancing is prohibited for all visitors.

For retail outlets and gastronomy located on the premises, especially for dinner plays, sections 13 and 15 apply respectively, with the exception of section 15 (1) 6. For outdoor events in the facilities stated in sentence 1, the requirements according to section 9 apply. Otherwise, section 9 (1) does not apply to indoor events in the facilities stated in sentence 1.

(2) For the indoor operation of museums, memorial sites, exhibition halls, libraries with the exception of university libraries according to section 22 (4) and archives, for events in galleries as well as for indoor activities in zoos and botanical gardens, the following requirements apply:

  1. the requirements of the obligatory 2G plus access plan according to section 10k must be met;
  2. the general hygiene requirements according to section 5 apply;
  3. an infection control concept must be drafted according to section 6;
  4. contact details must be collected according to section 7;
  5. for all persons present in closed rooms, the obligation to wear a medical face mask according to section 8 applies, with the provision that performers, speakers and lecturers may remove their face masks while performing, speaking or lecturing as well as while consuming food and drink according to sentence 3.

For libraries which are only open for ordering and picking up media as well as for the Bücherhallen Hamburg, the requirements according to subsection (1) 4 do not apply. For retail outlets and gastronomy, sections 13 and 15 shall apply accordingly.

(3) For the operation of outdoor areas in zoos, botanical gardens and memorial sites, 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. 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);

If activities are offered in accordance with the optional 2G access plan according to section 10j, instead of the requirements according to sentence 1, only the requirement according to subsection (1) 2 to 4 and subsection (1) sentence 2 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, notwithstanding subsections (3) and (4), the following requirements apply:

  1. the requirements of the obligatory 2G plus access plan according to section 10k must be met;

  2. the general hygiene requirements according to section 5 apply;
  3. an infection control concept must be drafted according to section 6;
  4. contact details must be collected according to section 7;
  5. for the audience present in closed rooms, the obligation to wear a medical face mask according to section 8 applies, with the provision that the face masks may be removed while consuming food and drink according to sentence 2;
  6. there are the following limitations to the number of visitors:
    a) no more than 200 visitors indoors;
    b) no more than 1000 visitors outdoors;
  7. there must be fixed seating or standing places for the audience.

For sales outlets and gastronomy located on the premises, sections 13 and 15 apply respectively; with the provision that consumption and service also permitted at seats without tables. Section 9 (1) does not apply.

(2) (cancelled)

(3) Notwithstanding subsection (1) 6, the authority responsible for sports may approve greater audiences in special cases if the following requirements are met:

  1. the event location must have secure entrance and exit areas that allow for a segmentation of the audience when entering or exiting the premises;
  2. closed rooms must have ventilation systems that significantly reduce the risk of infection with the coronavirus in accordance with the current state of the art; compliance with the current state of the art is presumed if the recommendations of the Umweltbundesamt in this regard and the generally recognised rules of technology are met;
  3. holding the event with a greater number of participants must be justifiable from the point of view of infection control, with respect to the current epidemiological situation; when determining the number of participants, the capacities of the entrance and exit areas, the sanitary and gastronomic facilities of the venue as well as the capacities of the local public transport system and local parking facilities of the venue must be taken into account in particular.

Permission may also be granted for a series of events of the same kind at the same venue. The permission may be subject to further infection control requirements, in particular requirements on the occupancy of seating and standing areas and on the arrangement of seating and standing areas set up separately for the event, as well as restrictions on the sale and consumption of alcoholic beverages. The permission may be revoked in whole or in part if the epidemiological situation deteriorates after the date of granting to such an extent that the staging of the event with the higher number of visitors is no longer justifiable from the point of view of infection control.

(4) Notwithstanding subsection (1), outdoor sports events according to subsection (1) with up to 100 visitors may be held if the following requirements are met:

  1. the general hygiene requirements according to section 5 apply;
  2. an infection control concept according to section 6 must be drafted;
  3. contact details of the participants must be collected according to section 7;
  4. there must be an extended physical distance of 2.5 metres between the audience and the areas in which sports are exercised.

(5) 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. 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;
  3. contact details of the participants must be collected according to section 7;
  4. the start of the athletes shall be phased in such a way that a maximum of 30 athletes start at the same time;
  5. 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 prevented by the organiser.

If the event takes place according to the optional 2G plus access plan according to with section 10k, instead of the requirements according to subsection (1), only the following requirements apply:

  1. the general hygiene requirements according to section 5 must be complied with, with the exception of section 5 (1) 1 and 2;
  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. for the arrangement of specific areas for audiences, in particular at start or finish areas, the requirements of section 9 apply; other clusters of members of the audience in public spaces must be prevented by the organiser.

Section 18b Funfairs
For traditional open-air funfairs, the following requirements apply:

  1. the requirements of the obligatory 2G plus access plan according to section 10k must be met;
  2. an infection control concept according to section 6 must be drafted; this concept must be approved by the authority responsible for the economy; the local public health office and the district civil service authority must be involved in the approval process;
  3. the general hygiene requirements according to section 5 apply, with the exception of subsection (1) 1 and 2;
  4. contact details must be collected according to section 7;
  5. the fairground must have secured access for monitoring and segmentation in the entrance and exit areas;
  6. access to the fairground must be monitored by suitable technological or organisational means to ensure compliance with the requirements according to section 10j;
  7. for all persons present, the obligation to wear a medical face mask according to section 8 applies, with the provision that the face masks may be removed while consuming food and drink according to sentence 3.

The local authorities may issue further restrictions to the implementation of the funfair. For gastronomy, section 15 applies. For dancing events, section 15a applies. For other sales outlets, the requirements according to section 13 apply. Section 9 (1) does not apply.

(2) If the epidemiological situation deteriorates after the date of approval according to subsection (1) 2 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 the economy may cancel the implementation or continuation. In this case, compensation or damage claims of the parties involved are excluded.

Section 18c (cancelled)

Section 19 Educational and Training Facilities, Driving Classes
(1) For the operation of 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. an infection protection concept must be drafted according to section 6;
  3. contact details of all participants must be collected according to section 7;
  4. for all persons present indoor and in closed vehicles, the obligation to wear medical face masks in accordance with section 8 applies; the face masks may be removed in examination situations, during speeches by the person speaking and while consuming food and drink according to sentence 2, provided that the physical distancing requirements according to section 3 (2) are complied with;
  5. 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;
  6. study breaks must take place in the form that different study groups enter common rooms or common areas at different times;
  7. 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;
  8. all activities in closed rooms may only take place if the participants can present a negative test result according to section 10h.

For extracurricular catering facilities, the requirements according to section 15 apply. If activities are offered in accordance with the optional 2G plus access plan according to section 10k, instead of the requirements stated in sentences 1 and 2, only the requirements according to subsection (2) apply.

(2) For educational activities that are not covered by subsection (1), as well as 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 following requirements apply:

  1. the requirements of the obligatory 2G plus access plan according to section 10k must be met;
  2. the general hygiene requirements according to section 5 must be complied with, with the exception of section 5 (1) 1 and 2;
  3. an infection control concept according to section 6 must be drafted;
  4. the attending persons’ contact details must be collected according to section 7;
  5. all persons present indoors must wear medical face masks according to section 8, with the provision that the face masks may be removed while making music or performing hard bodily work if this is absolutely necessary, or while consuming food and drink according to sentence 2.

For extracurricular gastronomy, the requirements according to section 15 apply.

(3) Examination boards may order that the participation in examinations be subject to testing negative according to section 10h; the examination board may also issue that PCR testing must not date back more than 24 hours or be undergone on the day of the examination.

Section 20 Sports, Sports Facilities and Playgrounds
For exercising sports on and in all public and private sportsgrounds, the requirements of sentences 2 to 5 apply without affecting the requirements according to subsection (2) to (7). For all indoor sports activities, the following requirements apply:

  1. the requirements of the obligatory 2G plus access plan according to section 10k must be met;
  2. the general hygiene requirements according to section 5 apply, with the exception of section 5 (1) 1 and 2;
  3. an infection control concept according to section 6 must be drafted;
  4. the contact details of all participants must be collected according to section 7.

For sports activities that exclusively take place in the outdoors, the following requirements apply:

  1. the general hygiene requirements according to section 5 apply;
  2. the use of locker rooms, showers and bathrooms is only permitted if the physical distance can be maintained and the hygiene requirements are met;
  3. 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;
  4. equipment for sports and exercise must be arranged in an extended distance of 2.5 metres from each other.

If the outdoor sports activities take place according to the optional 2G access plan in accordance with section 10j, instead of sentence 3 numbers 1 to 4, only the requirements according to sentence 2 number 2 to 4 apply. For gastronomy, the requirements according to section 15 apply.

(2) For public swimming pools, thermal baths, saunas and steam baths. The following requirements apply:

  1. the requirements of the obligatory 2G plus access plan according to section 10k must be met;
  2. the general hygiene requirements according to section 5 apply, with the exception of section 5 (1) 1 and 2;
  3. an infection control concept according to section 6 must be drafted;
  4. the contact details of all participants must be collected according to section 7.

For gastronomy, the requirements according to section 15 apply.

(3) For the operation of gyms, sports studios and yoga studios, dance schools, and similar facilities, the requirements according to sentences 2 to 6 apply. For indoor facilities, the following requirements apply:

  1. the requirements of the obligatory 2G plus access plan according to section 10k must be met;
  2. the general hygiene requirements according to section 5 apply, with the exception of section 5 (1) 1 and 2;
  3. an infection control concept according to section 6 must be drafted;
  4. the contact details of all participants must be collected according to section 7;
  5. access to the facilities must be limited in a way that the clients are able to maintain the physical distancing requirement according to section 3 (2).

For sports, fitness and yoga activities that take place exclusively in the open air, 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 according to section 6 must be drafted;
  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;
  5. equipment for sports and exercise must be arranged in an extended distance of 2.5 metres from each other;
  6. the use of locker rooms, showers and bathrooms is only permitted if the physical distance can be maintained and the hygiene requirements are met.

If sports, fitness and yoga activities offered in the open air take place in accordance with the optional 2G plus access plan according to section 10k, instead of the requirements stated in sentence 3 numbers 1 to 6, only the requirements stated in sentence 2 numbers 2 to 4 shall apply. For gastronomy, the requirements according to section 15 apply. For saunas and steam baths located in the facilities stated in sentence 1, the requirements according to subsection (2) apply.

(4) 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.

If rehabilitation sport activities take place in accordance with the optional 2G plus access plan according to section 10k, instead of the requirements according to sentence 1 numbers 2 to 4, only the following requirements apply:

  1. the general hygiene requirements according to section 5 must be complied with, with the exception of section 5 (1) 1 and 2;
  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.

(5) 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.

(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. For trainings and sports competitions in front of audiences, the requirements of section 18a apply accordingly. The organiser must ensure that in the area surrounding the stadium and training facilities, there are no gatherings of fan crowds. Other professional sports competitions and league matches deviating from section 3 (2) 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) 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.

(8) 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 requirements of the obligatory 2G plus access according to section 10k plan must be met;
  2. the general hygiene requirements according to section 5 apply, with the exception of section 5 (1) 1 and 2;
  3. an infection control concept according to section 6 must be drafted;
  4. the contact details of all participants must be collected according to section 7;
  5. for all persons present indoors, the obligation to wear a medical face mask according to section 8 applies, with the provision that the face mask may be removed while consuming food and drink according to sentence 2.

For gastronomy, section 15 applies.

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.

(1a) If a university or a faculty of a university implements the optional 2G plus access plan according to section 10k, instead of the requirements according to subsection (1), only the following requirements apply:

  1. the general hygiene requirements according to section 5 apply, with the exception of section 5 (1) 1 and 2;
  2. an infection control concept according to section 6 must be drafted;
  3. the contact details of all participants must be collected according to section 7;
  4. all persons present indoors must wear medical face masks according to section 8, with the provision that lecturers may remover their face masks while lecturing.

Operation in accordance with the optional 2G plus access plan according to 10k is only permissible if there are compensational offers for students who are not allowed to take part in classes according to section 10k.

(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, the following requirements apply:

  1. the general hygiene requirements according to section 5 apply, with the exception of section 5 (1) 1 and 2;
  2. an infection control concept according to section 6 must be drafted;
  3. the contact details of all users must be recorded according to section 7; this does not apply to libraries which are only open to pick up and return services;
  4. for all persons present indoors, the obligation to wear medical face mask applies.

If libraries operate in accordance with the optional 2G plus access plan according to section 10k, instead of the requirements according to sentence 1, only the requirements according to subsection (1a) apply; the requirements according to subsection (1a) 3 do not apply to libraries which are only open to pick up and return services. Operation according to the optional 2G plus access plan according to section 10k is only permissible if there are compensational offers for students who are not allowed to take part in classes according to section 10k.

(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. The institution responsible for the examination may also stipulate that in addition to valid proof of vaccination according to section 2 (5) or recovery according to section 2 (6), a negative test result according to section 10h (1) must be presented; section 10h (2) does not apply.

(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 3 (3) 2 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, with the provision that section 8 shall not apply;
  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; this also applies to vaccinated persons according to section 2 (9) and recovered persons according to section 2 (10); 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.

(1b) Persons other than students may enter the school premises only if they hold a negative test certificate according to section 10h, or if they are fully vaccinated according to section 2 (5) or recovered according to section 2 (6). This does not apply to the students’ persons of custody, to the police, ambulance services, fire fighters, civil protection and employees of the local district office. The model hygiene plan may further require that persons according to sentence 1 must provide proof of vaccination according to section 2 (5) or proof of recovery according to section 2 (6) as well as an additional negative test according to section 10h or proof of a booster vaccination according to section 2 (6a).

(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.

The model hygiene concept according to subsection (1) sentence 2 may see further restrictions or exceptions.

(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). They are also permitted, in the scope of shortening the isolation period for students, to issue test certificates which must at least include the information according to section 10i (1) 4a to 4e.

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 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. This also applies, with the exception of sentences 3 to 5, to children with a body temperature of 38 degrees Celsius or more, or other symptoms typical of an acute infectious disease. Notwithstanding sentence 2, children with mild symptoms of an infectious disease may be cared for at kitas if they tested negative for an infection with SARS-CoV-2 before; the negative test result must be presented by the persons entitled to custody to the kita managers on request. Mild symptoms of an infectious disease according to sentence 3 are symptoms of a cold, but without a fever and in an otherwise healthy state. For children who have recovered from an acute infectious disease in the sense that they are free from fever and in an overall healthy state, sentences 3 and 4 apply accordingly.

(2a) Persons other than children, employees or day care staff may enter the kita only if they have tested negative according to section 10h, or if they are fully vaccinated according to section 2 (5) or recovered according to section 2 (6). This does not apply to pick-up areas on the kita outdoor premises and for police forces, emergency staff, firefighters or civil protection forces. All persons present must wear a medical face mask according to section 8 with the exception of children, employees and day care staff.

(3) All other hygiene regulations remain unaffected.

(4) Overnight outings and stays within the framework of kita care are prohibited.

(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.

(6) Kitas may issue test certificates for the testing completed in order to reduce the isolation period for children as well as for persons according to subsection (2a), provided that these test certificates at least include the information according to section 10i (1) 4 a to e.

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 Requirements for Fire and Rescue Services

Section 26 Fire and Rescue Services
Public authorities, private businesses, aid organisations and other participants involved in the public or private rescue service as defined in section 1 (1) of the Hamburgisches Rettungsdienstgesetz (Hamburg Rescue Services Act) must ensure compliance with the prevention measures stated below. Employees who are not fully vaccinated according to section 2 (5) or recovered from a previous COVID-19 infection according to section 2 (6) must, before they start working, undergo testing for the SARS-CoV-2 coronavirus by means of antigen rapid testing in accordance with section 10d at least every two working days and after an absence from work for a period of more than two days; the result must be submitted to and documented by the person responsible for the facility as stated in sentence 1; positive test results must be declared to the responsible authority immediately; the facilities as stated in sentence 1 must organise the testing according to the requirements of section 10f (2).

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. Visitors entering the facility for the purpose of terminal care are exempt from the obligation to present a negative test result according to section 10h. 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.

(2a) Notwithstanding subsection (2), access to facilities stated in subsection (1) shall be granted to visitors under the age of 16 if they meet the following requirements:

  1. children under the age of 12 must be accompanied by an adult person;
  2. they must undergo testing at the facility according to section 10d immediately before entering the facility or present a negative test result to the facility staff, provided that the testing must not date back more than 24 hours (antigen testing) or 48 hours (PCR testing), respectively, before the visit; presenting proof of vaccination according to section 2 (5) or recovery according to section 2 (6) shall have the same effect as a negative test result; children under the age of 6 are exempt from the obligation to provide a negative test result; section 2 sentence 3 applies accordingly.

(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 of persons experiencing homelessness must draft an institution-specific infection control concept according to section 6. These facilities may include in their infection control concepts that access is only permitted to persons who have tested negative for the SARS-CoV-2 coronavirus according to section 10h prior to their entry.

(2) Institutions providing support for persons experiencing homelessness must draft an institution-specific infection control concept according to section 6 which shall include requirements for the registration of users that allows them to be identified and contacted in order to trace chains of infection.

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, the testing must have been carried out the same day (antigen testing) or does not date back more than 48 hours (PCR testing), respectively, prior to the visit; 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 an FFP2 or other medical face mask or similar or higher standard 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 requirements 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;
    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. all care staff of the facilities or services must wear an FFP2 or other medical face mask or similar or higher standard and undergo testing for the SARS-CoV-2 coronavirus according to section 10d every working day before work; 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. persons cared for in the facility who are fully vaccinated according to section 5 or fully recovered according to section 6 must be offered means of testing for an infection with the SARS-CoV-2 coronavirus according to section 10d once per week, in the event of social events or activities outside the facility at least twice per week; this does not apply to persons cared for in the facility who have already received a booster vaccination shot; persons cared for in the facility who cannot provide proof of vaccination or recovery must be offered testing every two days; the test results must be presented to the manager of the care facility and recorded by them; a positive test result must be reported by the manager of the care facility to the responsible authority immediately; the manager of the care facility must arrange for the respective testing.

(4) (cancelled)

(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 is no longer contagious by means of testing negative 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) (cancelled)

(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 Suspension of Routine Checks
Routine checks of residential facilities (according to section 30 (1) 2 HmbWBG; lit. Hamburg Quality Act for Residential and Day Care) shall be suspended until further notice.

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;
  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 an FFP2 or other medical face mask or similar or higher standard; in all outdoor areas on the facility premises, the obligation to wear a medical face mask according to section 8 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 for the SARS-CoV-2 coronavirus by means of antigen rapid testing according to section 10d every working day before work and otherwise regularly at least twice per week or after an absence of more than two days; the result must be submitted to and documented by the manager. The manager of the facility is required to organise the testing. All facility or service staff must wear an FFP2 or similar medical face mask of similar or higher standard during work hours.

(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) Clients who accept services in special housing forms, who do not have to get tested according to section 31a (5) and who are neither fully vaccinated according to section 2 (5) nor fully recovered according to section 2 (6) must test negative for the SARS-CoV-2 coronavirus at least 5 times per week; the test result must be submitted to and documented by the manager of the facility. The manager must organise for the respective testing.

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.

(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.

(2a) The infection control concept for workshops for persons with disabilities must also include specifications with regard to the obligation for clients to wear an FFP2 face mask or other medical face mask with a similar or higher standard.

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

(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 every day they enter the facility or otherwise at least twice per week for the SARS-CoV-2 coronavirus by means of antigen rapid testing according to section 10d; the result must be submitted to and documented by the manager of the facility. The manager of the facility shall organise the necessary testing.

(6) All facility staff who are neither fully vaccinated according to section 2 (5) or fully recovered according to section 2 (6) must undergo testing for the SARS-CoV-2 coronavirus by means of antigen rapid testing according to section 10d every working day or otherwise regularly at least twice per week; the result must be submitted to and documented by the manager of the facility. The manager of the facility shall organise the necessary testing. All facility or service staff must wear an FFP2 or similar medical face mask of similar or higher standard during work hours.

(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) (cancelled)

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 for the SARS-CoV-2 coronavirus by means of antigen rapid testing according to section 10d regularly every working day or otherwise at least twice per week; the result must be submitted to and documented by the manager of the facility. The manager of the facility shall organise the necessary testing. All facility or service staff must wear an FFP2 or similar medical face mask of similar or higher standard during work hours.

(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) (cancelled)

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 immediately prior to visiting the facility by means of a rapid test carried out by the facility in accordance with section 10d; 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;

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

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

  1. the minimum physical distance of 1.5 metres and the obligation to wear a medical face mask according to section 8 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 requirement may be refrained from

    a) 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

    b) if appropriate exchange of air is ensured;

  2. immediate physical contact between care staff and day-care clients should be reduced to an absolute minimum;
  3. all care staff who are not fully vaccinated according to section 2 (5) or fully recovered according to section 2 (6) must wear an FFP2 face mask during work hours and undergo testing for an infection with the SARS-CoV-2 coronavirus according to section 10d every working day before work; 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 driving staff must wear an FFP2 face mask or a medical face masks with a similar or higher standard and the day-care clients must wear a medical face mask according to section 8. 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 and meetings for senior citizens, the following requirements apply:

  1. the requirements of the obligatory 2G plus access plan according to section 10k must be met;
  2. the general hygiene requirements according to section 5 must be complied with, with the exception of section 5 (1) 1 and 2;
  3. an infection control concept according to section 6 must be drafted;
  4. the participants’ contact details must be collected according to section 7;
  5. for all persons present indoors, the obligation to wear a medical face mask according to section 8 applies; with the provision that the face mask may be removed while consuming food and drink according to sentence 2.

For gastronomy, the requirements according to section 15 (1a) apply.

Section 34 Group Activities for Senior Citizens in Service Accommodation Facilities
(1) At service accommodation facilities, group activities may be organised if the requirements according to section 9 are met.

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.

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

(3) The permission of unescorted prison furlough may be subject to the requirement that the person on furlough must undergo up to 4 antigen tests within seven days of return under the supervision of a member of facility staff and that the person in furlough must agree to this requirement in written form. The management of the correctional facility shall determine the number and timing of the tests according to sentence 1, taking into account the duration of the unescorted furlough. In the case that a person in prison should refuse one or more of the tests according to sentences 1 and 2 upon their return, subsection (1) 1 sentence 3 shall apply, with the provision that a determination of the medical necessity by the medical service of the correctional institution shall not be required.

(4) Visitors and voluntary workers may enter the facilities of correctional institutions if they are able to present a negative test result according to section 10h. Section 10h (2) shall not apply.

(5) All visitors and voluntary workers over the age of 14 must wear an FFP2 face mask or other medical face mask with a similar or higher standard. For all other persons in correctional institutions, the obligation to wear a medical face mask according to section 8 applies. The responsible judiciary authority may permit exceptions for certain situations or areas in the facilities and, notwithstanding sentence 2, order the requirement to wear an FFP2 face mask or other medical face mask with a similar or higher standard.

(6) For juvenile detention, subsections (1) and (2) shall not apply.

(7) For open prison, the judicial authority may issue different regulations.

Part 8 Isolation of Infected Persons and Close Contact Persons

Section 35 Isolation Obligation for Infected Persons and Close Contact Persons
(1) Persons who have tested positive for the SARS-CoV-2 coronavirus by means of antigen rapid testing must undergo PCR testing immediately and seclude themselves in their main or secondary residence or other place suitable for isolation until the PCR test result is available. In the event of a negative PCR test result, the obligation to isolate according to sentence 1 shall expire.

(2) Persons who have tested positive for the SARS-CoV-2 coronavirus by means of PCR testing shall be considered infected persons and must immediately seclude themselves in their main or secondary residence or other place suitable for isolation; they must not receive visitors from other households. The obligation to isolate shall not apply

  1. to persons, notwithstanding sentence 3, who can present a valid negative PCR test result or valid negative antigen test result conducted by approved service providers according to section 6 (1) of the Corona-Testverordnung to the responsible public health office; the underlying testing must not date back more than 7 days after the testing according to sentence 1;
  2. without a valid negative test result according to number 1 after a period of 10 days upon testing according to sentence 1.

For persons who are employed or work otherwise in facilities according to sections 27, 30 to 33 and 34a, the obligation to isolate, notwithstanding sentence 2 number 1, shall only expire before the end of a period of 10 days upon the testing according to sentence 1 if they have not shown any symptoms typical of an infection with the SARS-CoV-2 coronavirus according to section 2 (8) for at least 48 hours and if the testing underlying the test result according to sentence 2 number 1 has been conducted by means of PCR testing.

(3) The obligation to isolate according to subsection (2) sentence 1 shall also apply to persons who

  1. live in the same household as an infected person;
  2. have been notified by the responsible public health office that they classify as a close contact person of an infected person.

In the case of sentence 1 number 2, the responsible public health office must inform the person affected when the respective contact to an infected person has occurred. The obligation to isolate shall expire

  1. in cases of sentence 1 number 1 after a period of 10 days since testing the infected person according to subsection (2) sentence 1 or, if the infected person had already had symptoms typical of an infection with COVID-19 according to section 2 (8), 10 days after these symptoms started occurring;
  2. in cases of sentence 1 number 2 after a period of 10 days since the responsible public health office’s notice to the contact person of contact with the infected person.

The obligation to isolate shall also not apply to persons who can present a valid negative PCR test result or valid negative antigen test result conducted by approved service providers according to section 6 (1) of the Corona-Testverordnung to the responsible public health office; the underlying testing may be held no sooner than 7 days after the testing according to sentence 1 number 1 or 2.  For students and children cared for in kita facilities, sentence 4 applies with the provision that the testing may already be held on the 5th day after the day of contact to an infected person specified by the public health office.

(4) The obligation to isolate for close contact persons according to subsection (3) 1 and 2 shall not apply

  1. vaccinated persons according to section 2 (9) who hold proof of booster vaccination according to section 2 (6a);
  2. vaccinated persons according to section 2 (9) who hold proof of recovery according to section 2 (6) if the testing underlying the proof of recovery was conducted after a full series of vaccinations according to section 2 number 3 COVID-19-Schutzmaßnahmen-Ausnahmenverordnung;
  3. vaccinated persons according to section 2 (9) if the completion of the full series of vaccinations according to 2 number 3 COVID-19-Schutzmaßnahmen-Ausnahmenverordnung does not date back more than 3 months;
  4. recovered persons according to section 2 (10) if the testing underlying the certificate of recovery according to section 2 number 5 does not date back more than 3 months.

(5) The isolation according to subsections (1) to (3) may be suspended

  1. in order to undergo testing according to subsection (2) sentence 3 or subsection (3) sentence 4; and
  2. if this is absolutely necessary for the protection of health and life.

In cases of sentence 1 number 1, persons aged 14 years or over must wear an FFP2 face mask or other medical face mask with a technically comparable or higher standard, and children aged 6 years or over must wear a medical face mask according to section 8 (1a) sentence 2.

(6) Persons with a custody or contact relationship governed by family law must ensure compliance with the obligations according to subsections (1) to (3) and (5) by the children living together with them in the same household in a manner appropriate to their developmental stage and safeguarding the best interests of the child.

(7) Subsections (1) to (6) shall not apply if the public health office issues other orders in individual cases. Such orders shall apply in particular in relation to virus variants of concern. These orders shall also be considered to ensure the functionality of critical infrastructure, as well as for school students and children cared for in kitas.

Section 35a Temporary Order on the Obligation to Isolate According to Section 35
Section 35 (2) sentences 2 and 3 as well as subsection (3) sentences 3 to 5 shall also apply to persons who were subject to isolation orders according to section 35 (2) sentence 1 or subsection (3) sentence 1 expiring on 14 January 2022.

Section 36 Duties During Isolation
(1) Persons subject to an obligation to isolate according to section 35 are subject to observation by the public health office according to section 29 IfSG. They must tolerate all necessary examinations by the representatives of the of the public health office and to provide the material necessary for the examinations. They must also allow the representatives of the public health office access to their home for the purpose of questioning or examination and give them information on request about all circumstances concerning their state of health.

(2) Persons subject to an obligation to isolate according to section 35 must also

  1. check their body temperature at least twice per day; and
  2. compile a written or digital log of their symptoms, body temperature, general activity and contacts to other persons.

(3) Persons subject to an obligation to isolate according to section 35 must also maintain physical separation from other members of their household and appropriate hygiene measures.

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 38b Manufacture, procurement, sale, distribution or use of fraudulent vaccination, recovery or testing certificates.
It is prohibited to make fraudulent entries in non-personalised or personalised documents according to section 2 (5) or (6) or section 10h (1), to purchase, otherwise obtain, sell or deliver any such documents with fraudulent entries or to use them to deceive as to a person’s status as a vaccinated, recovered or tested person.

[…]

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 12 February 2022.

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

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