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Second Ordinance on Measures Required to Protect the Population from Infections with the SARS-CoV-2 Coronavirus (Second SARS-CoV-2 Infection Protection Measures Ordinance – 2. InfSchMV) From March 4, 2021

This translation is for informational purposes only. Only the German text is legally binding.

In the Version of the Eighth Ordinance Amending the Second SARS-CoV-2 Infection Protection Measures Ordinance

From June 1, 2021

Based on § 2 sentences 1 and 2 of the Berlin COVID-19 Parliamentary Participation Act from February 1, 2021 (GVBl. P. 102) and § 32 sentences 1 and 2 in conjunction with § 28(1) and § 28a(1) of the Infection Protection Act of July 20, 2000 (BGBl. I p. 1045), last amended by Article 6 of the Act from May 7, 2021 (BGBl. I p. 850) and § 11 of the COVID-19 Ordinance on Exceptions to the Protective Measures from May 8, 2021 (BAnz 8 May 2021 V!), the Senate hereby enacts the following:

Preamble

The following Ordinance is part of the joint efforts on the part of the federal and state governments to combat the Covid-19 pandemic and quickly decrease the number of new infections, which has been rapidly increasing since March 2021. With the Fourth Act on the Protection of the Population in the Event of an Epidemic Situation of National Significance of April 22, 2021, federal lawmakers have put standardised measures in place nationwide which focus on the provisions of § 28b of the Infection Protection Act (Infektionsschutzgesetz).

Part 1 - Basic Obligations, Protection and Hygiene Regulations

§ 1 Ordinance objective; definitions

(1) The objective of this Ordinance is to control the progressive spread of SARS-CoV-2 coronavirus and COVID-19 disease caused by it; this is to be done by taking measures to protect public health and manage the disease’s impact on the public health system.

(2) For the purposes of this Ordinance, public space includes all places outside the private dwelling and the associated property (private space).

(3) An event within the meaning of this Ordinance is a planned event to take place for a limited time in which a group of people take part with a defined objective or intention, a program sequence with thematic, related content or purpose in the definable responsibility of an organiser, a person, an organisation or an institution. Assemblies according to Article 8 of the Basic Law and Article 26 of the Berlin Constitution are not considered events.

(4) A gathering within the meaning of this Ordinance occurs when persons come together and interact with each other but which is not an event as defined in sub-section 3 or an assembly as defined in Article 8 of the Basic Law and Article 26 of the Berlin Constitution.

(5) A community mask (mouth-and-nose covering) is a textile barrier made of commercially available cloth material, tightly fitting at the sides and covering the mouth and nose, which by its nature is suitable to reduce the spread of potentially infectious droplet particles and aero-sols produced by breathing, coughing, sneezing and speaking, irrespective of a label or cer-tified category of protection. The community mask shall be worn so that the mouth and nose are covered in such a way as to reduce the spread of potentially infectious droplets and aer-osols through breathing, coughing, sneezing or speaking. When this Ordinance requires a covering over the mouth and nose or when this is required based on the Ordinance, a medi-cal face mask may also be worn in accordance with subsection 6.

(6) For the purposes of this Ordinance, a medical face mask is a protective mask made of special materials which complies with the requirements of European standard EN 14683:2019+AC:2019 (often called “surgical masks”) or which complies with the requirements of European standard EN 149:2001+A1:2009 for FFP2 masks or comparable protective standards (e.g., KN95, N95 or KF94 masks), but regardless of the type, the mask must not have an exhalation valve. Subsection 5 sentence 2 shall apply mutatis mutandis. Respiratory protective masks as stated in § 28b of the Infection Protection Act include FFP2 masks or masks of comparable protective standards (for example KN95, N95 or KF94 masks). Medical face masks as stated in § 28b of the Infection Protection Act are protective masks that fulfil the European standard EN 14683:2019+AC:2019 (also called ‘surgical masks’).

§ 2 Contact restrictions, conduct in public spaces

(1) Each person is required to reduce physical social contact with people who are not part of his or her own household to an absolute necessary minimum, to refrain from travelling and to leave his or her own home or usual accommodation only for valid reasons. This applies in particular to Persons who have symptoms of an infection with Covid-19 as described by the criteria of the Robert Koch Institute at the time. Each person is asked to ensure that they are not infected with the coronavirus SARS-CoV-2 before a private or other event using a point-of-care (PoC) rapid antigen test, including self-tests, and to wear a medical face mask for all types of contact with persons other than those described in § 2(2).

(2) Subsections 1 and 2 do not apply to spouses, life partners, members of a per-son’s own household, persons for whom custody and access rights exist or to the critically ill or dying.

(3) When leaving the home or usual accommodation, staying in outdoor public spaces, especially on streets, paths, squares and in green areas is only permitted with the persons mentioned in subsection 2, or with members of a maximum total of five households; the maximum number of persons permitted to be present at one time is ten, whereby children who have not yet turned 14 years of age are not counted toward the maximum number of persons.

(4) Subsection 3 shall not apply

  1. for stays in public places outdoors for the purpose of reporting by representatives of the press, radio, film or other media,
  2. for the exercise of professional, mandate-related or voluntary activities, including the seasonally necessary cultivation of agricultural, horticultural and forestry land, and for political advertising by no more than two persons to individuals or individual groups of persons within the meaning of subsection 3 for the support of parties and voter communities as well as for referendums, popular initiatives, citizens’ petitions and residents’ motions,
  3. for the use of local public transport, trains, plans, passenger ferries and motor vehicles used for transporting passengers for a fee or for business purposes or which have to be shared by employees for professional and official purposes,
  4. for carrying out pedagogical activities outdoors by public schools and independent schools, including second chance schools and private-sector facilities within the meaning of the Schools Act (Schulgesetz) of January 26, 2004 (Law and Ordinance Gazette (GVBl.), p. 26), as last amended by Article 35 of the Act from October 12, 2020 (GVBl., p. 807), as amended, as well as day care facilities and day care services within the mean-ing of the Child Care Support Act (Kindertagesförderungsgesetz) of June 23, 2005 (GVBl., p. 322), as last amended by Article 30 of the Act from October 12, 2020 (GVBl., p. 807), as amended, and in the context of privately organised childcare and youth welfare services,
  5. for homeless people, as far as and to the extent that they are not provided housing by the municipal government according to regulatory or local laws, and the upper limit of ten persons present at the same time is not exceeded,
  6. for the provision of integration assistance services and assistance for homeless persons,
  7. for participation in outdoor events and assemblies permitted under this Ordinance and
  8. for engaging in sports permitted under this Ordinance.
    Important and unavoidable purposes as stated in § 28b(1) sentence 1 number 2 letter f of the Infection Protection Act apply in particular to the reasons named in sentence 1 numbers 1 to 6.

§ 3 Distance requirement

(1) In public spaces, a minimum distance of 1.5 metres must be maintained when having contact with persons other than those named in § 2(2), including all private gatherings and events. Sentence 1 shall not apply if physical proximity less than 1.5 metres cannot be avoided under the circumstances, in particular

  1. in the provision of health care and nursing activities, including the supply of therapeutic, assistance and nursing aids
  2. in childcare for children within the meaning of § 22 of Book Eight of the Social Code (Sozialgesetzbuch) – Child and Youth Services – in the version published on September 11, 2012 (Federal Law Gazette (BGBl.) I p. 2022), last amended by Article 3(5) of the Act of October 9, 2020 (Federal Law Gazette I p. 2075), as amended, in schools including institutions of the second educational pathway within the meaning of the Schools Act, and in vocational training,
  3. the provision of close-contact services,
  4. in structurally small spaces that must be used by several people at the same time, for example in public transport or motor vehicles, or
  5. if a sector-specific general hygiene policy pursuant to § 6(3) or a legal ordinance passed based on § 25 as an exception permits less than the minimum distance of 1.5 metres and other measures are in place to ensure protection against infec-tion.

(2) Subject to § 2(2), every person is required to maintain the minimum distance specified in subsection 1 wherever possible, even in private spaces.

§ 4 Medical face mask and mouth-and-nose covering (community mask)

(1) A medical face mask must be worn in enclosed spaces

  1. by non-driving staff when using public transport, including stations, airports and ferry terminals, and other vehicles with changing passengers,
  2. in other vehicles by persons who are not driving if the use of the vehicle does not take place exclusively by the persons named in § 2(2),
  3. by staff in retail shops of all kinds and shopping centres (malls) as well as in handicraft, service and other commercial enterprises open to the public, in service and handicraft enterprises in the field of close-contact services,
  4. by participants in religious and cultic events according to Article 4 of the Basic Law and Article 29(1) of the Berlin Constitution,
  5. in vocational education and general adult education including the respective examinations,
  6. by personnel in doctors’ practices and other health care institutions, provided that the medical treatment in question does not prevent this,
  7. in restaurants by guests and by staff with guest contact,
  8. in covered sports facilities, including indoor swimming pools and similar premises used for practicing sport, except while practicing sport,
  9. by employees and visitors in office and administrative buildings unless they stay in a specific seat or can maintain a minimum distance of 1.5 metres,
  10. in lifts,
  11. by participants in events when they are not in their seats,
  12. by participants at assemblies in enclosed spaces,
  13. if this is required in addition to the occasions specified in numbers 1 to 14 in a sector-specific hygiene concept in accordance with § 6(3) or a legal ordinance issued on the basis of § 25.

(2) An FFP2 mask is to be worn in enclosed spaces

  1. by passengers when using public transport including train stations, airports and ferry terminals as well as other vehicles with alternating passengers,
  2. by patients and persons accompanying them in doctors’ practices and other healthcare institutions, provided that the medical treatment in question does not prevent this,
  3. by visitors and patients or residents in hospitals if they are outside of their room or are receiving visitors,
  4. by customers in retail shops of all kinds and shopping centres (malls9 as well as in handicraft, service and other business operations open to the public,
  5. by visitors in libraries and archives,
  6. by visitors in cultural and leisure activity institutions and
  7. in situations and locations other than those listed in the numbers 1-6 if this is required by a sector-specific hygiene concept according to § 6(3) or a legal ordinance issued according to § 25.

(3) A medical face mask must be worn outdoors:

1. in public spaces
a) at markets,
b) in queues,
c) on train platforms and at public transport stops,
d) in areas listed in Appendix to this Ordinance in the time period between 6 a.m. until midnight
e) in the outdoor areas of cultural and leisure activity institutions;
f) in restaurants by staff who have contact with guests and by guests if they are not in their seats and
g) by participants in events if they are not in their seats;
this shall not apply when using vehicles outside pedestrian areas; subsection 1 numbers 1 and 2 as well as subsection 2 number 1 shall apply to the use of enclosed vehicles; and
2. by participants at outdoor assemblies in accordance with the provisions of § 10(2).
Each person is also required to wear a community mask outdoors where the minimum distance according to § 3(1) sentence 1 can typically not be maintained, especially on shopping streets and other crowded streets and plazas.

4) The obligation to wear a community mask or a medical face mask, including an FFP2 mask, shall not apply to
  1. children up to the age of six,
    1. a children up to the age of 14 in regard to FFP2 masks, although they must wear medical face masks instead,
  2. persons who cannot wear a community mask or medical face mask due to a health impairment, chronic illness or disability, as certified by a physician; the responsible persons are authorised to see the original medical certificate to check whether the requirements for this exception are met,
  3. persons whose use another device to reduce the spread of droplet particles that at least fulfil the requirements set down in § 1(5) if they fall under subsection 3 or the requirements set down in § 1(6) if they fall under subsections 1 and 2 such that the spread of potentially infectious droplets and aerosols is reduced,
  4. deaf persons and the hard of hearing as well as persons who communicate with them, as well as persons accompanying them,
  5. for customers in handicraft and service operations in the area of bodily hygiene for the duration of a service during which the customer cannot continuously wear a medical face mask (services close to the face) or
  6. if additional exceptions are provided for in a sector-specific hygiene concept in accordance with § 6(3) or a legal ordinance issued on the basis of § 25.

§ 5 Documentation of attendance

(1) The persons responsible for

  1. events,
  2. canteens and restaurants,
  3. hotels,
  4. companies offering close-contact services,
  5. the practice of sport in covered sport facilities including indoor swimming pools, rooms used for sport and for sport-related activities as well as sport outdoors according to § 19,
  6. state, private and denominational universities for event rooms in which on-site courses are held,
  7. state, private and confessional universities for course rooms in which on-site courses are held,
  8. retail stores subject to sentence 2, and
  9. other institutions stated in a sector-specific hygiene concept in accordance with § 6(3) or a legal ordinance issued on the basis of § 25,
    must document attendance in closed rooms and if, in the case of number 2, it is not only to pick up food or beverages. Those responsible for events must also document attendance if the event takes place wholly or partly outdoors. Those responsible for canteens and restaurants must also keep documentation of attendance where food or drink is served outdoors or is served for consumption by self-service in the approved outdoor dining area. The requirement to document attendance may also be fulfilled using digital applications, including those that enable automated data collection without the person responsible being involved in the data collection process. A possibility to document attendance without using a digital application must be provided in all cases. By way of derogation from sentence 1 number 8, retail shops for food and beverages, tobacco products, writing supplies, newspapers, magazines, books and products necessary to care for animals, pharmacies, establishments with medical supplies and hearing and sight aids, drugstores, health food shops, petrol stations, stores specialised in items for babies, florist shops, garden centres, pick-up and delivery services, weekly markets, art and used item markets (flea markets), specialised markets, commercial handicraft supplies and bicycle and car repair shops are not required to document attendance.

(2) The attendance list may only be used to execute infection control laws, especially for contact tracing, and must contain the following information:

  1. Name and surname,
  2. Phone number,
  3. Borough or municipality of the place of residence or permanent residence (may be omitted when using digital applications),
  4. Full address and email address, if one exists,
  5. Time the person was present and
  6. Seat or table number, if applicable (may be omitted when using digital applications).

The attendance list pursuant to sentence 1 is to be stored or saved in a place not accessible to third parties for a period of four weeks after the end of the event or service. The competent authorities must be given access to the attendance list on request to control the obligations according to subsections 1, 3 and 4. It must also be handed over or otherwise made available in an appropriate manner to the competent authority on request if it is established that one of the participants was ill, suspected of being infected, infectious or a virus-shedder within the meaning of the Infection Protection Act at the time of the event, visit or service. After the retention period has expired, this attendance list must be deleted or destroyed. Sentences 2 to 4 shall not apply if attendance is documented by the users by means of a digital application that does not allow the responsible person(s) to adhere to these provisions for technical reasons. The responsible persons are authorised and required to examine the original certificate according to § 6b(1) sentence 1 number 3 or 4 and to check the identity of the person present by means of an official form of identification with a photo.

(3) The information in accordance with subsection 2 sentence 1 must be provided completely and truthfully. This also applies in the case of registration in a digital application for the users to document attendance.

(4) The persons responsible referred to in subsection 1 must deny access or permis-sion to remain to any person present who provides incomplete or manifestly false information. If attendance is documented using a digital application that does not allow the responsible person(s) to adhere to these provisions for technical reasons, sentence 1 applies with the condition that the responsible person(s) must ensure that the digital application is used properly.

(5) Subsections 1 to 4 shall not apply to events pursuant to § 9(3) numbers 2 and 3.

§ 6 Protection and hygiene plan

(1) Those responsible for events in companies and other establishments, in particular businesses, restaurants, hotels, sales outlets, cultural and educational establishments, foundations, information and advice centres, educational offers, integration measures under the Social Code, publicly funded establishments, projects and measures, as well as for clubs, sports facilities, hospitals, doctors’ practices, care facilities including outpatient care services and offers financed by fees and grants shall draw up an individual protection and hygiene plan in accordance with the specific requirements of the service, program or event and submit it to the competent authority on request. The persons responsible according to sentence 1 must ensure that the protective measures included in the protection and hygiene plan are ad-hered to. Notwithstanding sentence 1, the obligation to create an individual protec-tion and hygiene concept and to present it on request applies to private events and gatherings as described in § 9(7) with more than 20 persons present at the same time.

(2) When creating the protection and hygiene plan, the Robert Koch Institute’s relevant recommendations for infection protection in their respective version and the specifications of the respective occupational health and safety authorities must be taken into account, and the provisions of this Ordinance and sector-specific ordinances issued based on § 27 are to be observed. The main objectives of the protective measures to be taken are reducing con-tacts, complying with the minimum distance of 1.5 metres and the maximum number of per-sons permitted for the respective area, controlling access and avoiding queues as well as sufficiently airing out enclosed spaces. Another essential objective of the protective measures is to ensure contact tracing is possible using appropriate measures. Notices stat-ing the regulations for maintaining distance and hygiene must be posted so that they are clearly visible.

(3) The Senate Department responsible in each case can, in agreement with the Senate Department responsible for health, set down a sector-specific framework hygiene policy that regulates details on the requirements for the protection and hygiene concept according to subsection 2, including provisions on threshold limits and access and visiting regulations.

(4) Subsections 1 to 3 shall not apply to events pursuant to § 9(3) numbers 2 and 3.

§ 6a Testing requirement

(1) Private and public employers, including employers in the judicial system, are required to offer their employees who work at least part of the time at their workstation on-site a free test twice per week for an infection with the coronavirus SARS-CoV-2 using a point-of-care (PoC) antigen test, and these tests must be organised by the employer. The requirement according to sentence 1 can be fulfilled by providing the employees with point-of-care (PoC) antigen self-tests. If employees take part in public testing offers according to § 4a of the Coronavirus Test Ordinance from March 8, 2021 (BAnz AT 9 March 2021 V 1), this does not release employers from their obligation according to sentence 1. Subject to sentence 5, employers are required to issue a certificate of the test result or have such a certificate issued. A certificate of the result of a point-of-care (PoC) antigen self-test is only to be issued if the self-test was carried out under supervision; § 6b(2) applies mutatis mutandis.

(2) Employees who typically have physical contact with customers or other third parties as part of their tasks are required to take part in the offer described in subsection 1; this re-quirement can be fulfilled using point-of-care (PoC) antigen self-tests only if the self-test is carried out under supervision.

(3) Self-employed persons who have physical contact with customers or other third parties as part of their professional activities are required to be tested twice per week for an infection with the coronavirus SARS-CoV-2 using a point-of-care (PoC) antigen test and to retain the proof of test issued for four weeks and, upon request, to allow the responsible authority access to the proof to check whether the aforementioned obligations are being fulfilled.

(4) Subsections 1 to 3 shall only apply if sufficient tests are available and it is reasonable for them to be procured.

§ 6b Proof of a negative test for an infection with the coronavirus SARS-CoV-2

(1) If it is required by this Ordinance or by § 28b of the Infection Protection Act that persons must have tested negative for an infection with the coronavirus SARS-CoV-2 or show proof of a negative test result from a recognised test for an infection with the coronavirus SARS-CoV-2, this requirement is to be fulfilled as follows:
1. The person can permit a point-of-care (PoC) antigen test for an infection with the coro-navirus SARS-CoV-2 to be carried out on-site and this shows a negative test result (“on-site testing location”),
2. Under the supervision of the person responsible or a person charged with supervising the test, the person who needs to show a negative test result carries out a point-of-care (PoC) antigen self-test for an infection with the coronavirus SARS-CoV-2 and this shows a nega-tive test result after being carried out properly (“expanded entrance control”),
3. The person shows written or electronic proof according to subsection 2 of a negative re-sult for a point-of-care (PoC) antigen test or self-test for an infection with the coronavirus SARS-CoV-2 carried out within the last 24 hours to the person responsible or a person charged with the task,
4. The person shows written or electronic proof according to subsection 2 of a negative re-sult for a current PCR test for an infection with the coronavirus SARS-CoV-2 that is no more than 24 hours old to the person responsible or a person charged with the task.,

In the case of sentence 1 numbers 1 and 2, the person getting a test has the right to have a certificate of the test result issued by the person responsible or the person charged with supervising or carrying out the test. In the attendance documentation according to § 5, it must be noted that the test according to sentence 1 numbers 1 or 2 or showing proof according to sentence 1 numbers 3 or 4 was carried out if the documentation is not carried out using a digital application that does not permit the person responsible to adhere to this requirement. Provisions on testing at schools according to the School Hygiene Covid-19 Ordinance (Schul-Hygiene-Covid-19-Verordnung) of November 24, 2020 (GVBl. p. 894), last amended by the Ordinance from April 17, 2021 (GVBl. p. 386), that deviate from this section remain unaffected.

(2) The certificate of a negative test result for a current point-of-care (PoC) antigen test, including self-tests, or PCR test for an infection with the coronavirus SARS-CoV-2 must in-clude at least the date and time the test was carried out, the name of the person tested and the business/authority that carried out the test or, in cases that fall under subsection 1, sentence 1, number 2, the business/authority that supervised the test. If the person carrying out the test or, in cases that fall under subsection 1, sentence 1, number 2, the person supervising the test, does not personally know the person being tested, then before the certificate is issued, the identity of the person being tested must be checked using an official form of identification with a photo. The certificate should otherwise correspond to the template provided by the Senate Department responsible for health. Issuing a certificate as described in subsection 1, sentence 1, number 3 in relation to a point-of-care (PoC) antigen self-test for an infection with the coronavirus SARS-CoV-2 and supervising testing may only be carried out by a person charged with doing so by the responsible authority in each case as part of the tasks with which they were charged.

(3) If it is required in this Ordinance that persons must have tested negative for an infection with the Coronavirus SARS-CoV-2, this does not apply to children up to the age of 6.

§ 6c Exceptions from testing requirement and proof of a negative test for an infection with the coronavirus SARS-CoV-2

(1) Notwithstanding § 6b(3), the requirement according to this Ordinance or § 28b of the Infection Protection Act to have tested negative for an infection with the coronavirus SARS-CoV-2 or to show proof of a negative test result from a recognised test for an infection with the coronavirus SARS-CoV-2 shall not apply to the following persons:
1. Vaccinated persons who have been vaccinated with a vaccine against Covid-19 approved by the European Union and whose final required vaccination was at least 14 days prior,
2. Persons who can show proof of a positive PCR test result for an infection with the coronavirus SARS-CoV-19 taken at least six months ago and who have received at least one vaccination against Covid-19 with a vaccine approved by the European Union and whose last vaccination was at least 14 days ago and
3. Persons who can show proof of a positive PCR test result for an infection with the coronavirus SARS-CoV-19 taken at least 28 days ago but no more than six months ago.

(2) For the groups of persons described in subsection 1, by way of derogation from § 6a(2), there is no requirement to accept the testing offer or, by way of derogation from § 6a(3), there is no requirement to take a test for an infection with the coronavirus SARS-CoV-2 using a point-of-care (PoC) antigen test.

Part 2 - Further Hygiene and Protection Rules for Particular Sectors

§ 7 Singing in enclosed rooms

Singing together in enclosed rooms shall only be permitted if the hygiene and infection protection standards laid down in a general hygiene concept according to § 6(3) or a legal ordinance from the Senate Department responsible for culture issued based on § 25 are observed. Sentence 1 shall not apply to persons listed in § 2(2).

§ 7a Workplaces

(1) Commercial and public employers must ensure that a maximum of 50 percent of established office workstations in a workplace according to § 1(1) of the Workplace Or-dinance (Arbeitsstättenverordnung, ArbStättV) from August 12, 2004 (BGBl. I S. 2179), last amended by Article 4 of the Act from December 22, 2020 (BGBl. I S. 3334), as amended, are used at the same time.

(2) Subsection 1 does not apply to office workstations that must be occupied out of absolute necessity for client or patient contact related to the work tasks, for answering emergency calls or calls reporting problems, for monitoring operational plants, for ensuring the functioning of the legal system, law enforcement and penal institutions, and core tasks of public administration, and for carrying out vocational education according to § 1 of the Vocational Training Act (Berufsbildungsgesetz, BBiG) in the version promulgated on May 4, 2020 (BGBl. I S. 920).

§ 8 Serving, distribution, and sale of alcoholic beverages; consumption in public places

(1) Serving, distributing and selling alcoholic beverages shall be prohibited between midnight and 5 a.m.

(2) The consumption of alcoholic beverages in parking lots and public parks is prohibited, with public parks being defined as in the Outdoor Spaces Act of November 24, 1997 (GVBl. P. 612), last amended by § 15(1) of the Act from September 29, 2004 (GVBl. P. 424), in the currently valid version.

§ 9 Events, maximum number of persons

(1) Outdoor events with more than 500 persons present at the same time are prohibited.

(2) Events in closed rooms with more than 100 persons present at the same time are prohibited.

(3) Subsections 1 and 2 shall not apply to

  1. religious and cultic events according to Article 4 of the Basic Law and Article 29(1) of the Berlin Constitution, these must be reported to the responsible regulatory office at least two working days before the planned event if more than ten participants are expected, unless the religious and ideological communities have established a hygiene concept that complies with the current hygiene framework concept of the Senate Department respon-sible for culture or is more strict than the provisions in that concept,
  2. assemblies according to Article 8 of the Basic Law and Article 29(1) of the Berlin Constitution,
  3. events, including meetings, of the European Parliament and its groups and committees, the German Bundestag and its groups and committees, the Bundesrat and its committees, the House of Representatives and its groups and committees, the European Council, the Council of the European Union, the European Commission, the Federal Government, the Senate of Berlin, the Council of Mayors and its committees, the Berlin Constitutional Court, the borough assemblies and their groups and committees or those of foreign diplomatic missions, the judicial organs, the organs, bodies and authorities of the European Union, of international organisations, of the Federal Government and the Länder, and of other such bodies and institutions who carry out public legal tasks,
  4. political party meetings and meetings of electoral communities, if they are required by the Political Parties Act (Parteiengesetz) in the version published on January 13, 1994 (BGBl. I S. 149), last amended by Artikel 13 of the Ordinance from June 19, 2020 (BGBl. I S. 1328), as amended, or are carried out to prepare for participation in general elections,
  5. events according to § 17(2) of the Works Constitution Act (Betriebsverfassungsgesetz) in the version published on September 25, 2001 (BGBl. I p. 2518), as last amended by Article 6 of the Act of May 20, 2020 (BGBl. I p. 1044), as amended, and
  6. sessions of works councils, general works councils and group works councils according to the Works Constitution Act (Betriebsverfassungsgesetz) as well as the staff council, general staff council and main staff council according to the Staff Representation Act (Personalvertretungsgesetz) in the version published on July 14, 1994 (GVBl. p. 337; 1995 p. 24), last amended by Article 13 of the Act of April 6, 2021 (GVBl. p. 362), as amended.

(4) At events, the seating and arrangement of tables shall be such that a minimum distance of 1.5 metres is maintained between persons not covered by the exception in § 2(2) or such that adequate protection against infection can be ensured by other protective measures or protective devices to reduce the spread of potentially infectious droplet particles. At outdoor events, attendees present must be assigned a specific seat. The minimum distance according to sentence 1 can be reduced provided that protection against droplet infections and aerosols is ensured or all attendees present have tested negative as described in § 6b. For points of sales and food and beverages, § 15 and § 16(1) apply mutatis mutandis.

(5) By way of derogation from subsection 2, events may be carried out in enclosed rooms with more than the number of persons listed there present at the same time, but with a maximum of 500 persons present at the same time, if the provisions of the hygiene concept according to § 6(3) of the Senate Department responsible for culture, business or sport are adhered to and include at least provisions on mechanical ventilation.

(6) (repealed)

(7) By way of derogation from subsection 1, events or gatherings with family, acquaintances or friends (private events) outdoors are only permitted with those persons described in § 2(2) and additionally with the members of a maximum total of five households; the maximum number of persons allowed at the same time is ten whereby their children who have not yet turned 14 years of age are not counted toward the maximum number of persons. In deviation from subsection 2, private events in enclosed rooms are only permitted with those persons described in § 2(2) or with members of a maximum total of three households; the maximum number of persons allowed at the same time is six, whereby their own children who have not yet turned 14 years of age are not counted toward the maximum number of persons.

(8) For burials and funerals at cemeteries or in funeral parlours, subsection 3 number 1 applies mutatis mutandis. By way of derogation from subsection 7, funerals and celebrations on the occasion of a funeral as well as private events taking place for an important reason, in particular wedding celebrations, birthday celebrations, or celebrations of religious festivals that are not included in sentence 1 are permitted with up to 50 persons present at the same time. The persons required for the performance of the respective celebration shall not be taken into account in the calculation of the upper limit for persons in sentence 2.

(9) The Senate Department responsible for the respective issue may permit exceptions from the provisions of this Ordinance in agreement with the Senate Department responsible for health in justified individual cases to test hygiene, protection or testing policies. This applies in particular to permitting events with a number of participants that deviates from the provisions of subsections 1 or 2. The permit may be granted for individual event locations.

(10) Only those persons who have tested negative as described in § 6b may take part in events as described in subsection 1 with more than 250 persons present at the same time. Only those persons who have tested negative as described in § 6b may take part in events as described in subsection 2, subsection 3 numbers 4 to 6 and subsection 8 with more than ten persons present at the same time.

§ 10 Assemblies

(1) When holding assemblies as defined in Article 8 of the Basic Law and Article 26 of the Berlin Constitution, the minimum distance of 1.5 metres between participants must always be observed, with the exception of the persons named in § 2(2). § 3(1) sentence 2 shall not apply. The person organising the assembly must draw up an individual protection and hygiene plan, which must specify the measures to be taken to ensure the minimum distance and the hygiene rules are observed, such as wearing a medical face mask, if applicable, or the prohibition of participants chanting together during the assembly, and to ensure the number of participants permitted according to the usable area of the place of assembly when the meeting is held is not exceeded. The assembly authority may demand the presentation of this protection and hygiene plan from the person organising the assembly and obtain an evaluation of the concept in terms of infection protection from the competent health authority. When carrying out the assembly, the organiser must ensure that the protection and hygiene plan is followed.

(2) A medical face mask must be worn by participants in outdoor assemblies in accordance with Article 8 of the Basic Law and Article 26 of the Berlin Constitution unless the assembly is carried out as a march but only uses motor vehicles; in this case, § 4(1) number 2 applies mutatis mutandis. § 4(3) remains unaffected. § 19(1) number 1 of the Berlin Freedom of Assembly Act (Versammlungsfreiheitsgesetz Berlin) from February 23, 2021 (GVBl. S. 180) does not preclude the wearing of a medical face mask to protect against infection.

(3) Only persons who have tested negative as described in § 6b may take part in assemblies in enclosed spaces with more than ten persons present at the same time.

§ 11 Hospitals

Authorised hospitals may carry out planned admissions, operations and treatments provided that reservation and availability requirements are met and that the return to a crisis mode can be implemented at short notice at any time if the pandemic situa-tion intensifies.

§ 12 Integration assistance, social assistance, assistance for the homeless

(1) Service providers with agreements based on § 123 of Book Nine of the Social Code from December 23, 2016 (BGBl. I, p. 3234), last amended by Article 3(6) of the Act from October 9, 2020 (BGBl. I, p. 2075), as amended, or § 75 of Book Twelve of the Social Code – Social Assistance – (Article 1 of the Act from December 27, 2003, BGBl. I, p. 3022, 3023), last amended by Article 4 of the Act from December 21, 2020 (BGBl. I, p. 3096), as amended, are authorised to occupy their personnel with tasks others than those described in the service agreement in order to mitigate dangers to staff and those receiving services as long as the tasks are related to the content of their services. It must be ensured that all persons receiving services are given basic, essential care and supplies.

(2) The daytime and overnight assistance programs for homeless persons shall remain open to ensure adequate care for those affected.

§ 13 Childcare centres, universities, education

(1) In all childcare centres, limited regular operations shall take place. To the extent it is organisationally possible, childcare should take place in fixed groups. If this requires the childcare hours to be limited, this is permissible after discussion with the supervisory authority according to § 45 of the Eighth Social Code (Sozialgesetzbuch). The Senate Department responsible for youth and family can set down additional details on how the offer is to be provided, including offers that are part of other areas of children and youth assistance, under consideration of the infection situation.

(2) As part of alternative organisation of care for children, it shall be permissible to exceed the maximum number of persons permitted according to § 2(4) and § 9(7) if it is the reciprocal, unpaid, non-commercial supervision of children under 14 years of age in fixed, family or neighbourhood-organised care communities comprising children from no more than two households.

(3) State, private and denominational universities, including their institutions, are prohibited from opening to the public. Universities are to start their teaching activities in the summer semester 2021 using online formats rather than face-to-face teaching. Practical formats and examinations can be carried out in a face-to-face format in compliance with the basic obligations and the protection and hygiene rules according to Part 1 and the particular regulations valid at the respective universities. As part of their protection and hygiene concepts, the universities shall regulate testing of students for an infection with the coronavirus SARS-CoV-2 if students are present at the universities, in particular in order to participate in practical courses and on-campus examinations. Students may only participate in practical courses and on-campus examinations if they have tested negative as described in § 6b. In particular, sentence 3 includes the following:

  1. practical courses, especially those that require specialised laboratory or working rooms at the universities,
  2. practical lessons in medical-clinical courses of study,
  3. artistic lessons,
  4. practical sports exercises and
  5. face-to-face formats for the introduction of first-year students.

In practical formats according to sentence 6, the maximum number of 25 participating students may not be exceeded. In justified cases, the universities may grant limited access to persons in derogation of sentence 1. Sentence 1 shall not apply to the Botanical Garden. University libraries may offer lending and online services and may open workstations and computer pools for persons who have tested negative as described in § 6b if they are only admitted to enter after previously booking an appointment and it is ensured that entry is controlled to maintain the minimum distance of 1.5 and the general obligations and protection and hygiene rules according to Part 1 are observed. For canteens of the Student Services organisations (Studierendenwerk), the provisions for gastronomy and canteens according to § 16 apply mutatis mutandis.

(4) (repealed)

(5) For Volkshochschulen and other adult education centres, music schools, youth art schools, youth traffic schools, gardening schools as well as independent institutions within the meaning of the Schools Act and similar education institutions, face-to-face teaching, supervision and examinations may take place. Persons employed in teaching, supervision and examinations at the institutions listed in sentence 1, must show proof of a negative test result according to § 6b twice a week, but if they only perform these tasks on one day a week, then only one negative test according to § 6b is required on the day the task is performed. To participate in teaching, supervision and examinations according to sentence 1, § 9 shall apply. The requirement to test does not apply to participants who are tested as part of attending school. In addition, the following applies:
1. in music schools, youth art schools and in private lesson institutions for artistic or musical lessons and for offers related to cultural and historical-political education, the hygiene and infection protection standards set down by the Senate Department responsible for culture in the general hygiene concept must be followed,
2. at adult education centres (Volkshochschulen) and other institutions for general adult education, educational offers at which food or beverages are prepared or consumed are prohibited as face-to-face offers, and educational offers involving athletic activities, physically strenuous movements and direct physical contact are only permitted if the provisions of § 19(1) and (2) are observed.

(6) (repealed)

(7) (repealed)

§ 14 Vocational training

(1) Examinations in vocational education and training, in particular examinations pursuant to the Vocational Training Act (Berufsbildungsgesetz) in the version promulgated on May 4, 2020 (Federal Law Gazette I p. 920) and the Skilled Crafts Regulation (Handwerksordnung) in the version promulgated on September 24, 1998 (Federal Law Gazette I p. 3074; 2006 I p. 2095), as last amended by Article 21 of the Act of December 22, 2020 (Federal Law Gazette I p. 3256), as amended, as well as other examinations in the field of initial, continuing and further vocational education and training may be conducted in face-to-face form, subject to compliance with the basic obligations and the protection and hygiene rules of Part 1. Oral, written and practical examinations may be conducted face-to-face, including sport and musical examinations.

(2) To avoid physical social contacts, the persons responsible for vocational training programs are required to primarily carry out teaching in alternative forms, not face-to-face, if this is possible and reconcilable with the learning objectives. If programs are carried out face-to-face, it must be ensured that the provisions in this Ordinance are upheld.

(3) Subsection 2 shall apply mutatis mutandis to measures to promote integration into the labour market.

(4) For examinations, programmes and measures according to subsections 1 to 3, § 9(10) applies mutatis mutandis. For examinations, programmes and measures lasting more than one day with the same group members, participants must show proof of a negative test as described in § 6b twice in each calendar week with an appropriate spacing, whereby the first proof of a negative test is to be presented before the event begins on the first day of participation.

§ 15 Retail shops, markets

(1) (repealed)

(2) Retail shops within the meaning of the Berlin Shop Opening Act (Berliner Ladenöffnungsgesetz) of November 14, 2006 (GVBl., p. 1045), last amended by the Act from October, 2010 (GVBl., p. 467), as amended, may not open on Sundays and public holidays pursuant to § 6(1) and (2) of the Berlin Shop Opening Act. § 4 and § 5 of the Berlin Shop Opening Act remain unaffected.

(3) (repealed)

(4) When opening retail shops, department stores and shopping centres (malls) to the public, a guideline for the maximum permissible number of customers according to the sales area and business space applies for controlling access and ensuring a minimum distance can be maintained. For shops with a sales area of up to 800 square metres, a guideline of a maximum of one customer per 10 square metres of sales area applies. For shops with a total sales area of 801 square metres or more, a guideline of no more than one customer per 10 square metres of sales area applies to a sales area of 800 square metres and no more than one customer per 20 square metres of sales area in excess of 800 square metres. For shopping centres, the respective total sales area is decisive. If the size of the sales floor or business space is less than 20 sqm, a maximum of one customer may be admitted at a time. Incentives for staying in the business are not permitted.

(4a) Operators of department stores and shopping centres (malls) must organise testing possibilities for an infection with the coronavirus SARS-CoV-2 using a point-of-care (PoC) antigen test, including self-tests for use with supervision, for visitors to the department stores and shopping centres.

(5) Fairs and public festivals are prohibited.

§ 16 Gastronomy

(1) Restaurants within the meaning of the Restaurant Act (Gaststättengesetz, GastG) in the version published on November 20, 1998 (BGBl. I, p. 3418), last amended by Article 14 of the Act from March 10, 2017 (BGBl. I, p. 420), as amended, and canteens may open to the public. If there are enclosed rooms, they may only be used by guests who have tested negative as described in § 6b; this does not apply if the guest only goes inside to useto sanitary facilities, and for canteens not for the employees who are served by the canteen. For each group of seats or tables, the contact restrictions for outdoor public spaces according to § 2(3) apply, although by way of derogation from § 3(1) sentence 1, the minimum distance may be waived within the seat or table group. It is permitted for servers to wait the tables or for guests to pick up their own food and beverages. Food and beverages may only be consumed at the table. Opening enclosed rooms in restaurants according to sentence 1 is only permitted if the provisions of a hygiene concept according to § 6(3) from the Senate Department responsible for business is adhered to and this includes at least provisions on ventilating the rooms. The responsible persons are obligated to point out adherence to the respectively valid protection and hygiene concepts and to ensure that these are implemented.

(2) Restaurants and canteens may offer food and beverages for pick up or delivery subject to § 8(1). For picking up food and beverages, appropriate precautions are to be taken during the process to avoid gatherings of people.

(3) The seating and tables in restaurants and canteens must be arranged such that a minimum distance of 1.5 metres is maintained between people who do not fall under the exceptions in subsection 1 sentence 3 or § 2(2). No persons may be present within this distance. An enhanced cleaning and disinfection schedule must be ensured.

§ 17 Tourist offers, accommodation

(1) Excursions within the meaning of the Public Transport Act (Personenbeförderungsgesetz) in the version published in August 8, 1990 (BGBl I, p. 1690), last amended by Article 1 of the Act from April 16, 2021 (BGBl. I, p. 822), as amended, city sightseeing tours, boat excursions and similar offers for tourist purposes are permitted with a prior appointment for a set period of time for attendees who have tested negative as described in § 6b.

(2) Overnight stays in hotels, tourist accommodation, holiday homes and similar facilities may be offered by the operators of such facilities starting on June 11, 2021 if the provisions of a hygiene concept according to § 6(3) from the Senate Department responsible for business are adhered to and these include at least provisions on ventilation of the rooms; until that point, overnight stays are prohibited. The responsible persons are obligated to inform about adherence to the respectively valid protection and hygiene concepts and to ensure these are implemented. By way of derogation from § 16(1), food and beverages may be served to persons who are staying overnight without the persons needing to test negative as described in § 6b. Exceptions to the prohibition in sentence 1, second half-sentence are permitted for overnight stays for business trips and for necessary personal reasons. Before concluding a contract, before June 11, 2021, the operators of the facilities named in sentence 1 must inquire about the purpose of the rental or accommodation and document this together with the recorded personal data of the guest. Guests must provide complete and truthful information in this regard. 

§ 18 Services

(1) Personal care service industries such as hairdressers, beauty parlours, massage par-lours, tattoo parlours and similar establishments as well as tanning studios may open to the public or offering their services, if only those customers are serviced who have made an appointment in advance. There must be at least 2 metres space between the chairs for clients and no client may stay in this space; waiting clients may not wait within the establishment; the other general protection and hygiene provisions in this Ordinance remain unaffected. The services may only be provided to persons who have tested negative as described in § 6b.

(2) Subsection 1 does not apply to medically necessary treatments, in particular physical therapy, ergotherapy, logotherapy, podology, foot care, and treatments by alternative practitioners.

(3) Prostitution facilities within the meaning of the Prostitute Protection Act (Prostitu-iertenschutzgesetz) of October 21, 2016 (BGBl. I, p. 2372), amended by Article 5(1) of the Act from March 9, 2021 (BGBl. I, p. 327), as amended, are prohibited from opening to the public, and prostitution services are prohibited from being offered outside of the facilities. The provision and use of sexual services with physical contact and erotic massages are prohibited.

(4) Driving schools, boating schools, flying schools and similar institutions may open to the public or offer their services only for clients who have tested negative as described in § 6b.

The other general protection and hygiene regulations set down in this Ordinance are not affected by these provisions.


h3. § 19 Sports

(1) Subject to sentence 2, sport may only take place alone or with a maximum of ten persons from no more than five households and in compliance with the distance regulations according to § 3(1) sentence 1. The restriction of sentence 1 shall not apply to sport conducted outdoors if all of the participants participating in the sport including the supervisors or accompanying persons have tested negative as described in § 6b. The test requirement does not apply:
1. for the group of persons referred to in § 2(2), if no additional persons are involved,
2. for federal and state cadre athletes, professional leagues and professional sportsmen and sportswomen,
3. for medically prescribed rehabilitation sport or medically prescribed functional training within the meaning of § 64(1) numbers 3 and 4 of Book Nine of the Social Code in fixed groups of up to ten persons plus one person in charge of the exercise; in cases of particular hardship to be justified in the individual case, the participation of further persons is permitted if this is absolutely necessary to enable the participants to participate in rehabilitation sport or functional training
4. for children up to and including 14 years of age if the sport takes place outside in set groups of a maximum of 20 persons in addition to the supervising person; the supervising person must have tested negative as described in § 6b
5. for participants who have tested negative as part of attending school.

Before starting the sport, the responsible persons must check to ensure the test requirement as described in sentence 2 was carried out and must ppoint out the necessity of complying with the protection and hygiene concept according to § 6(1) and to ensure its implementation. In addition, they must ensure that the basic obligations in Part 1 of this Ordinance are adhered to, in particular the documentation of attendance. Regulations governing sport at public schools and independent schools, at vocational training institutions and as a study-related subject taught at universities and as professionally required sports at state institutions shall take precedence over this subsection and subsection 2.

(2) The practice of sports in covered sports facilities, gyms, dance studios and similar facilities shall be permitted

  1. for national and state team athletes, professional leagues and professional athletes,
  2. for equestrian sports to the extent that is absolutely necessary from an animal protection point of view,
  3. for therapeutic treatments and for rehabilitation sport prescribed by a physician or functional training prescribed by a physician as described in § 64(1) numbers 3 and 4 of the Ninth Social Code (Sozialgesetzbuch) in fixed groups of a maximum of ten persons in addition to one person who is leading the exercises; in exceptional, individual hardship cases which must be justified, additional persons may participate if this is absolutely necessary to enable participants to carry out the rehabilitation sport or functional training.
  4. for individual persons and groups of up to ten persons who have all been tested negative as described in § 6b; the test requirement does not apply to participants who have been tested as part of attending school and
  5. for children up to and including age 14 if the sport is conducted in fixed groups of a maximum of 20 persons present in addition to one supervising person; the supervising person must have tested negative as described in § 6b.
    Fitness and dance studios and similar facilities may only be opened for use according to sentence 1 numbers 4 and 5 if the provisions of a common hygiene concept according to § 6(3) from the Senate Departments responsible for sport and for business are adhered to. The hygiene concept according to sentence 2 must at least include provisions on the maximum number of persons permitted, testing obligations, obligations to book appointments and on ventilating the rooms. The responsible persons are obligated to inform about adherence to the respectively valid protection and hygiene concepts and to ensure these are implemented.

(3) Professional sport competitions in the national and international leagues and similar professional competitive systems as well as competitions of national and state teams in Olympic and Para-Olympic disciplines as well as sport competitions for direct qualification for world or European championships are permitted, provided that they take place within the frame-work of a usage and hygiene concept made by the respective sports association. All persons involved in the operation of the competition must have tested negative as described in § 6b and show proof of this before entering the sporting facility. In all other respects, the provisions of § 9 shall apply.

(3a) Notwithstanding subsection 3, outdoor competitions are permitted if they take place following the provisions of a usage and hygiene concept from the respective sports association and all of the participants in the sport including the supervisors and functional personnel have tested negative as described in § 6b. The test requirement does not apply to participants who have tested negative as part of attending school. Spectators are prohibited; this does not apply to the persons required for the operation of the sport. In all other respects, the provisions of § 9 shall apply.

(4) The practice of sports in swimming pools is permitted exclusively for federal and state cadre athletes, professional sportsmen and sportswomen, for sport competitions according to subsection 3, for sport as a teaching subject at public schools and independent schools, at vocational training institutions, as a study-related teaching activity at universities, for training lifeguards by state-recognised aid organisations, as professionally required sports at state institutions, for therapeutic treatment and for use according to subsection 1 sentence 2 number 3. Beach pools and outdoor swimming pools may be opened after obtaining approval from the local public health office. The approval should be based on a use and hygiene concept submitted by the respective operator, and this concept must in particular ensure that the minimum distance requirement according to § 3 is adhered to. If pools are rented to third parties or third parties are given prioritised use of the pools, these third parties are the operators as meant in the provision above.

§ 20 Cultural facilities

(1) Cinemas, theatres, opera halls, concert halls and cultural event sites, whether publicly or privately owned, may open to the public according to the provisions of § 9.

(2) Museums, galleries, memorial sites, and libraries may open to the public. To control access and ensure the minimum distance is maintained, a guideline applies for the maximum number of visitors permitted for the exhibition or operating space. For facilities with an exhibition or operating space of up to 800 square metres, the guideline is a maximum of one visitor per 10 square metres of exhibition or operating space. For facilities with an exhibition or operating space of 801 or more square metres, the guideline is a maximum of one visitor per 10 square metres of exhibition or operating space up to 800 square metres and a maximum of one visitor per 20 square metres for the space exceeding the 800 square metres.

§ 21 Recreational facilities

(1) Dance clubs and similar businesses within the meaning of the Trade Regulation Act (Gewerbeordnung) in the version published on February 22, 1999 (BGBl. I, p. 202), last amended by Article 3 of the Act from January 18, 2021 (BGBl. I, p. 2), as amended, are prohibited from being open to the public.

(2) Saunas, steam baths, thermal baths and similar facilities must remain closed. Sentence 1 also applies to corresponding areas in accommodation facilities and similar establishments.

(3) Amusement venues as detailed in the Building Utilisation Ordinance (Baunutzungsverordnung) in the version published on November 21, 2017 (BGBl. I, p. 3786), amusement parks and operations for leisure time activities may not open if there are enclosed rooms; this does not apply to sanitary facilities. The facilities according to sentence 1 may only be attended by with a prior appointment and only by visitors who have tested negative as described in § 6b. Subsection 4 sentences 2 and 3 shall apply mutatis mutandis.

(3a) Amusement arcades, casinos, betting shops and similar establishments are prohibited from being open to the public.

(4) To control access to enclosed spaces in the Berlin Zoo, including the aquarium, the Berlin-Friedrichsfelde Zoo and the Berlin Botanical Garden, to ensure the minimum distance can be maintained, a guideline applies for the maximum number of visitors for the surface area on which visitors are permitted. For facilities with up to 800 square metres of surface area on which visitors are permitted, a guideline applies of a maximum of one visitor per 10 square metres of surface area on which visitors are permitted. For facilities with 801 or more square metres of surface area on which visitors are permitted, for the space of 800 square metres, a guideline applies of a maximum of one visitor per 10 square metres of surface area on which visitors are permitted, and for the space exceeding 800 square meters, a maximum of one visitor per 20 square metres of surface area on which visitors are permitted.

Part 3 - Quarantine Measures

§ 21a Quarantine at home for persons who have tested positive

(1) Persons who become aware that a point-of-care (PoC) antigen test that they have taken shows a positive result for infection with the coronavirus SARS-CoV-2 are obligated to immediately arrange for a test using nucleic acid for the coronavirus SARS-CoV-2 (PCR test) to confirm the result of the PoC antigen test subject to subsection 3, to immediately and directly go to their primary or secondary residence or other accommodation which allows for isolation after becoming aware that the PoC antigen test is positive, and to isolate themselves there at all times for a period of 14 days as of the time the point-of-care (PoC) antigen test was taken if the public health office does not mandate otherwise. For the purpose of the PCR test, the person may leave the location in which they are isolating. The persons described in sentence 1 are not permitted to receive visitors during this period who do not belong to their household.

(2) Persons who become aware that a test they took using nucleic acid for the corona-virus SARS-CoV-2 (PCR test) is positive are obligated to immediately and directly go to their primary or secondary residence or other accommodation which allows for iso-lation after becoming aware that the test is positive, and to isolate themselves there at all times for a period of 14 days as of the time the point-of-care (PoC) antigen test was taken if the responsible public health office does not mandate otherwise. The persons described in sentence 1 are not permitted to receive visitors during this period who do not belong to their household. For the period of isolation, the persons included in sentence 1 are subject to observation by the responsible public health office.

(3) For persons who become aware that a point-of-care (PoC) antigen self-test they took is positive for an infection with the coronavirus SARS-CoV-2, subsection 1 applies mutatis mutandis if the test was carried out under qualified supervision; if requested, a certificate stating the result is to be issued. If the test is not carried out under qualified supervision, the persons are required to immediately arrange for a test using nucleic acid for the coronavirus SARS-CoV-2 (PCR test); subsection 2 remains unaffected. Any person who is authorised to carry out PoC testing for other persons is considered qualified supervision as described in sentence 1.

(4) In cases of subsection 1, isolation ends with a negative result from a PCR test, but at the latest after 14 days after the time the point-of-care (PoC) antigen test was taken; in cases of subsection 2, isolation ends with a negative result of a PoC or PCR test carried out at the earliest on the 14th day after the PCR test that justified the isolation was taken.

(5) In all other cases, measures mandated by the responsible public health office or those based on a borough’s general ordinances on isolation remain unaffected. The responsible public health office may mandate measures that deviate from those in subsections 1 to 4 in individual cases.

(6) The obligation to report infections according to the Infection Protection Act remains unaffected.

Part 4 - Authorisation to issue ordinances; transitional and final provisions

§ 25 Authorisation to issue ordinances

(1) The responsible Senate Department for the respective matter is also authorised, in agreement with the Senate Administration responsible for health, by way legal ordinances according to § 2 sentence 1 of the Berlin COVID-19 Parliamentary Participation Act and § 32 sentence 1 of the Infection Protection Act,
1. to issue ordinances according to § 6(3),
2. to regulate exceptions to the requirement to maintain a minimum distance of 1.5 metres beyond those in § 3(1) sentence 2,
3. to determine situations beyond § 4(1) to (3) in which the obligation to wear a medical face mask, an FFP2 mask or a community mask
4. as well as to determine requirements for community masks to be worn in certain situations that deviate from § 1(5),
5. to regulate exceptions to the obligation to wear a medical face mask, an FFP2 mask or a community mask that go beyond § 4(4) and
6. to determine area-specific regulations for the maintenance of attendance documentation in addition to § 5(1) sentence 1, in particular also for responsible persons from facilities other than those specified in § 5(1) sentence 1.

(2) The Senate Department responsible for education is authorised, in agreement with the Senate Department responsible for health, to extend by ordinance in accordance with § 2 sentence 1 of the Berlin COVID-19 Parliamentary Participation Act and the first sentence of § 32 of the Infection Protection Act the obligation to wear a medical face mask or a community mask, which may also include areas outside enclosed spaces. It is further authorised, in agreement with the Senate Department responsible for health and in accordance with § 2 sentence 1 of the Berlin COVID-19 Parliamentary Participation Act and the first sentence of § 32 of the Infection Protection Act, to issue ordinances to impose conditions on the continued operation of schools as well as childcare facilities and day care services for children and other child and youth welfare facilities or to order their closure; this shall be without prejudice to § 13(1) and (4) and the possibility of general requirements on another legal basis for the purpose of containing the SARS-CoV-2 pandemic, such as, in particular, under § 45 of the Eighth Book of the Social Code.

(3) The responsible Senate Department for the respective matter is also authorised, in agreement with the Senate Department responsible for health, by way of legal ordinances according to § 2 sentence 1 of the Berlin COVID-19 Parliamentary Participation Act and § 32 sentence 1 of the Infection Protection Act, to regulate planned admissions, operations and treatments in accredited hospitals. It is also authorised to use legal ordinances according to § 2 sentence 1 of the Berlin COVID-19 Parliamentary Participation Act and § 32 sentence 1 of the Infection Protection Act to establish conditions and requirements, especially hygiene requirements, for hospitals as well as regulations on entering or visiting health care facilities, especially hospitals.

(4) The Senate Department responsible for nursing care is authorised to set down conditions and requirements, especially hygiene requirements, for nursing care facilities as well as regulations on entering or visiting nursing care facilities by legal ordinance according to § 2 sentence 1 of the Berlin COVID-19 Parliamentary Participation Act and § 32 sentence 1 of the Infection Protection Act. The aim should be to achieve a very high vaccination rate. Ordinance according to sentence 1 may permit exceptions from the provisions in § 7, § 9(1), § 9(2), § 9(5) and § 9(6) as well as § 19.

(5) The Senate Department responsible for social matters is authorised, in the field of integration assistance and social assistance, to use legal ordinances in accordance with § 2 sentence 1 of the Berlin COVID-19 Parliamentary Participation Act and § 32 sentence 1 of the Infection Protection Act to ensure basic provision for those entitled to benefits.

(6) The Senate Department responsible for culture is also authorised, in agreement with the Senate Department responsible for health, by way legal ordinances according to § 2 sentence 1 of the Berlin COVID-19 Parliamentary Participation Act and § 32 sentence 1 of the Infection Protection Act, to regulate hygiene and infection protection standards for singing in enclosed rooms.

(7) The Senate Department responsible for labour is also authorised, in agreement with the Senate Department responsible for health, by way legal ordinances according to § 2 sentence 1 of the Berlin COVID-19 Parliamentary Participation Act and § 32 sentence 1 of the Infection Protection Act, to regulate the following:

1. measures for hygiene and infection protection at workplaces, in work rooms and work-stations as referred to in § 2(1), (3) and (4) of the Workplace Ordinance (Arbeitsstättenverordnung),
2. more information on the exceptions according to § 7a(2).

§ 26 Restriction of Fundamental Rights

This Ordinance restricts the fundamental rights of the freedom of the person (Article 2(2) sentence 2 of the Basic Law), the freedom of assembly (Article 8(1) of the Basic Law), the freedom of movement (Article 11(1) of the Basic Law) and the inviolability of the home (Article 13 of the Basic Law).

§ 27 Administrative Offences

(1) The prosecution of administrative offences shall be governed by § 73(1a) number 24 and subsection 2 of the Infection Protection Act and the Act on Administrative Offences (Gesetz über Ordnungswidrigkeiten) in the version promulgated on February 19, 1987 (Federal Law Gazette I p. 602), last amended by Article 3 of the Ordinance from November 30, 2020 (Federal Law Gazette p. 2600), in the respectively valid version.

(2) Administrative offences may be punished by a fine of up to EUR 25,000 pursuant to the second half-sentence of § 73(2) of the Protection against Infection Act.

(3) It is an administrative offence within the meaning of § 73(1a) number 24 of the Infection Protection Act to deliberately or negligently,

1. in violation of § 2(3) stay in an outdoor public space with persons other than those named and no exception under § 2(4) or § 13(2) applies,
2. in violation of § 3(1) sentence 1, not observe the minimum distance of 1.5 metres to persons other than those mentioned in § 2(2) and there is no exception under § 3(1) sen-tence 2, § 9(4), § 16(1) or § 19,
3. in violation of § 4(1), (2) or (3) or in violation of § 10(2), not wear a medical face mask including an FFP2 mask and no exception under § 4(4) or, § 10(2) sentence 2 applies,
4. in violation of § 5(1), (2) or (4), not keep attendance documentation as the person responsible, not maintain it fully, not keep it or save it for a period of four weeks, not hand it over, make it accessible, or otherwise provide it at the request of the competent authority, not delete or destroy it after the retention period is over or not deny access or permission to remain to persons who have given incomplete or manifestly incorrect information according to § 5(2) sentence 1, not check the test certificate, not check the identity of the person presenting the certificate or not ensure that the digital applications are used properly unless an exception under § 5(1) sentence 6, § 5(4) sentence 2 or § 5(5) applies,
5. in violation of § 5(3), give incomplete or inaccurate information according to § 5(2) sentence 1, unless an exception under § 3(5) applies,
6. in violation of § 6(1), as the person responsible, not submit a protection and hygiene plan at the request of the responsible authority, unless an exception under § 6(4) exists, or not ensure the protective measures in the protection and hygiene concept are adhered to,
7a. in violation of § 6a(1), as an employer, not provide or organise an opportunity for testing, unless an exception under § 6(4) applies,
7b. in violation of § 6b(2) sentence 2, as the person who is carrying out or supervising the testing, not check the identity of the person being tested,
7c. in violation of § 6a(3), as a self-employed person, not carry out testing, not retain proof of testing for a period of four weeks or not make the proof of testing accessible to the responsible authority upon request, unless an exception under § 6(4) applies,
8. in violation of § 7 sentence 1, sing together in closed rooms without complying with the standards of hygiene and protection against infection laid down in a framework hygiene concept or in a legal ordinance from the Senate Department responsible for culture, if no exception under § 7 sentence 2 applies,
8a. in violation of § 7a(1), permit the simultaneous use of more than 50 percent of the established office workstations for employees and no exception under § 7a(2) applies,
9. in violation of § 8(1), serve, distribute or sell alcoholic beverages between midnight and 5 a.m.,
10. in violation of § 8(2), consume alcoholic beverages in public parks or car parks,
11. in violation of § 9(1), as the person responsible for an outdoor event, not guarantee compliance with the number of participants permitted and no exception under § 9(3) or (9) applies,
12. in violation of § 9(2), as the person responsible for an event in an enclosed room, not guarantee compliance with the number of participants permitted and no exception under § 9(3), (5) or (9) applies,
13. in violation of § 9(4), as the responsible organiser of an event, not ensure compliance with the rules on hygiene and distance,
14. in violation of § 9(5), as the responsible person for an event in enclosed rooms, not ensure that the maximum number of participants is adhered to or not follow the rules of the hygiene concept from the responsible Senate Department and no exception under § 9(9) applies,
15. (repealed),
16. in violation of § 9(7), as the person responsible, carry out private events or gatherings with family, acquaintances or friends (private events) in enclosed rooms with persons other than those named in that provision and no exception according to § 13(2) applies,
17. in violation of § 9(7) participate in events or gatherings with family, acquaintances or friends (private events) in enclosed rooms with persons other than those listed and no exception according to § 13(2) applies,
18. in violation of § 9(8) sentence 2, as the person responsible for a funeral or celebration events related to a funeral or wedding celebrations, birthday celebrations or celebrations of religious festivals, not guarantee compliance with the number of participants permitted,
18a. in violation of § 9(10), participate in an event as described in § 9(1) with more than 250 persons present at the same time without having tested negative as described in § 6b,
18b. in violation of § 9(10), participate in an event as described in § 9(2) or (3) numbers 4 to 6 with more than ten persons present at the same time without having tested negative as described in § 6b,
18c. in violation of § 10(1) sentence 1, not maintain a minimum distance of 1.5 metres to persons other than those described in § 2(2) during assemblies,
19. in violation of § 10(1) sentences 3 and 4, as the person organising the assembly, not draw up a protection and hygiene plan or not submit this to the assembly authority at the latter’s request,
20. in violation of § 10(1) sentence 5, as the person organising the assembly, not ensure compliance with the protection and hygiene plan when holding the assembly,
20a. in violation of § 10(3), take part in an assembly with more than ten persons present at the same time in an enclosed space without having tested negative as described in § 6b,
21. (repealed),
22. in violation of § 15(2) sentence 1, as the responsible operator of a point of sale, open the point of sale on Sunday or holidays and no exception according to § 15(2) sentence 2 or 3 applies,
23. in violation of § 15(4), as the responsible operator of a point of sale, a department store or a shopping centre (mall), admit more than the maximum number of persons permitted by the area of the business premises or create incentives to stay,
24. in violation of § 15(5), hold fairs or public festivals,
25. in violation of § 16(1) to (3), as the responsible operator of a restaurant or canteen, not ensure compliance with the rules on hygiene and distance or not take measures to control the purchase process or to avoid gatherings of people,
26. in violation of § 16(1) sentence 2, visit a restaurant without having been tested negative as described in § 6b if there are enclosed rooms,
27. in violation of § 17(1), when conducting excursions, sightseeing tours, boat excursions or similar offers for tourist purposes, not ensure adherence with the hygiene rules,
28. in violation of § 17(2) sentence 1, as the responsible operator of a hotel, accommodation facility, holiday home or similar facility, offer overnight accommodation before June 11, 2021, and no exception according to § 17(2) sentence 4 applies,
29. in violation of § 17(2) sentence 3, before concluding a contract prior to June 11, 2021, as the responsible operator of a hotel, accommodation facility, holiday home or similar facility, not inquire about the purpose of the rental or accommodation and document this together with the recorded personal data of the guest,
30. in violation of § 17(2) sentence 6, as the guest of a hotel, accommodation facility, holiday home or similar facility, not give complete or true information,
31. in violation of § 18(1), as the responsible operator of a service company in the area of personal hygiene, serve customers who have not made an appointment in advance,
31a. in violation of § 18(1), take advantage of services in the area of personal hygiene without having a negative test result as described in § 6b,
31b. in violation of § 18(3) sentence 1, engage in the business of prostitution,
32. in violation of § 18(3) sentence 2, purchase sexual services with physical contact or erotic massages,
33. in violation of § 18(4) sentence 1, as the responsible operator of a driving school, boating school, flying school or similar facility, not ensure the protection and hygiene regulations are upheld,
33a. in violation of § 18(4) sentence 1, visit a driving school, boating school, flying school or similar facility without having tested negative according to § 6b,
34. in violation of § 19(1) sentence 1, not practice sport without maintaining the minimum distance or practice sport with more than the persons listed there and no exception under § 19(1) sentence 2 applies,
35. in violation of § 19(2), as the responsible operator of a covered sports facility, fitness or dance studio or similar facility, open it for the use of persons other than those stated in the provision,
36. in violation of § 19(3), conduct a competition without a usage and hygiene concept from the respective sports federation, not observe these regulations or not ensure the maximum number of participants is adhered to,
36a. in violation of § 19(3), conduct a competition without a usage and hygiene concept from the respective sports federation, not observe these regulations or permit spectators,
37. in violation of § 19(4) sentence 1, as the responsible operator of a swimming pool, open it for the purposes permitted,
38. in violation of § 19(4) sentence 2, as the responsible operator of an outdoor swimming pool or beach pool, open without the approval of the local public health office or not ensure the hygiene and minimum distance regulations are upheld,
39. (repealed),
40. in violation of § 20(2), as the responsible operator of a museum, gallery or memorial site, permit visitors to enter without previously booking an appointment or permit more than the maximum number of visitors allowed according to the exhibition or operating space,
41. in violation of § 21(1), as the responsible operator, open a dance performance or a similar undertaking to the public,
42. in violation of § 21(2), as the responsible operator, open a sauna, steam bath, thermal bath or a similar facility,
43. in violation of § 21(3), open to the public any amusement venues, amusement arcades, casinos, betting shops or similar establishments if these are in enclosed rooms,
44. in violation of § 21a(1) sentence 1 or § 21a(3) sentence 2, not immediately arrange for a PCR test,
45. in violation of § 21a(1) sentence 1, not immediately and directly go to the primary or secondary residence or other accommodation suitable for isolation after becoming aware of the positive result of a test, unless an exception pursuant to § 21a(1) sentence 1 applies,
46. in violation of § 21a(1) sentence 1, not isolate at all times for a period of 14 days until the result of a test using nucleic acid for the coronavirus SARS-CoV-2 is received, unless an exception pursuant to § 21a(1) sentence 1 applies,
47. in violation of § 21a(1) sentence 2, receive visitors who do not belong to the person’s own household,
48. in violation of § 21a(2) sentence 1, not immediately and directly go to the primary or secondary residence or other accommodation suitable for isolation,
49. in violation of § 21a(2) sentence 1, not isolate at all times for a period of 14 days and until a negative point-of-care (PoC) antigen test or a PCR test has been carried out after this period,
50. in violation of § 21a(2) sentence 2, receive visitors who do not belong to the person’s own household,

§ 28 Entry into force, expiration

(1) This Ordinance shall enter into force on the day after it is promulgated in the Law and Ordinance Gazette for Berlin. At the same time, the SARS-CoV-2 Infection Protection Measures Ordinance from December 15, 2020 (GVBl. p. 1463), last amended by the Ordi-nance on February 11, 2021 (GVBl. p. 111), shall expire.

(2) This Ordinance shall expire at the end of the day on July 1, 2021.

Berlin, 1 June 2021

The Senate of Berlin

Michael Müller
Governing Mayor

Dilek Kalayci
Senator for Health, Long-Term Care and Gender Equality

Appendix (to § 4(3) sentence 1 number 1 letter de)

Designation of the areas in which a mouth-and-nose covering is to be worn

I. Streets

  1. Alte Schönhauser Straße in the district Mitte,
  2. Bergmannstraße in the district Kreuzberg,
  3. Bölschestraße in the district Friedrichshagen,
  4. Friedrichstraße in the district Mitte,
  5. Hermannstraße in the district Neukölln,
  6. Karl-Liebknecht-Straße in the district Mitte,
  7. Karl-Marx-Straße in the district Neukölln,
  8. Kurfürstendamm in the districts Wilmersdorf und Charlottenburg,
  9. Rathausstraße in the district Mitte,
  10. Schloßstraße in the district Steglitz,
  11. Sonnenallee in the district Neukölln,
  12. Tauentzienstraße in the districts Charlottenburg und Schöneberg,
  13. Turmstraße in the district Moabit,
  14. Unter den Linden in the district Mitte,
  15. Wilmersdorfer Straße in the district Charlottenburg

II. Squares

  1. Alexanderplatz,
  2. Bebelplatz,
  3. Boxhagener Platz,
  4. Breitscheidplatz,
  5. Europaplatz,
  6. Hardenbergplatz,
  7. Hermannplatz,
  8. Lausitzer Platz,
  9. Leipziger Platz,
  10. Olympischer Platz, if events, in particular football matches, are held there or in the Olympic stadium,
  11. Pariser Platz,
  12. Potsdamer Platz,
  13. Rosa-Luxemburg-Platz,
  14. Rosenthaler Platz,
  15. Washingtonplatz,
  16. Wittenbergplatz

III. Other Locations

  1. Old city of Spandau,
  2. Hackescher Markt,
  3. Kottbusser Tor,
  4. Lustgarten

Second Ordinance on Measures Required to Protect the Population from Infections with the SARS-CoV-2 Coronavirus (Second SARS-CoV-2 Infection Protection Measures Ordinance – 2. InfSchMV)

In the Version of the Eighth Ordinance Amending the Second SARS-CoV-2 Infection Protection Measures Ordinance

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