Third Ordinance Amending the SARS-CoV-2 Infection Protection Ordinance

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

From 04 August 2020

On the basis of § 32 sentence 1 of the Protection against Infection Act (Infektionsschutzgesetz) of July 20, 2000 (Federal Law Gazette (BGBl.) I, p. 1045), last amended by Article 5 of the Act of June 19, 2020 (BGBl I, p. 1385), the Senate hereby enacts the following:

Article 1 - Amending the SARS-CoV-2 Infection Protection Ordinance

The SARS-CoV-2 Infection Protection Ordinance of June 23, 2020 (GVBl. p. 562), which was amended by the Ordinance from Juli 21, 2020 (GVBl. p. 625), is amended as follows:

Part 1 - Basic Obligations, Protection and Hygiene Regulations

§ 1 Basic Obligations

(1) Each person is required to reduce physical social contact with other people to a minimum.

(2) A minimum distance of 1.5 metres must be maintained when having contact with other persons. 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 I p. 2022), last amended by Article 16a of the Act of 28 April 2020 (Federal Law Gazette I p. 960), in schools including institutions of the second educational pathway within the meaning of the Schools Act (Schulgesetz) of January 26, 2004 (GVBl. p. 26), last amended by Article 1 of the Act of June 11, 2020 (GVBl. p. 538), and in vocational training,
  3. in the provision of close-contact services, or
  4. in small structural spaces that must be used by several people at the same time, for example in public transport or motor vehicles,
  5. if a general hygiene policy pursuant to § 2(3) as an exception permits less than the minimum distance of 1.5 metres and other measures are in place to ensure protection against infection.

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

§ 2 Protection and Hygiene Plan

(1) Those responsible for events in companies and other establishments, in particular businesses, restaurants, hotels, sales outlets, places of entertainment, 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. Sentence 1 shall not apply to private or family events.

(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. The main objectives of the protective measures to be taken are reducing contacts, complying with the minimum distance of 1.5 metres and the maximum number of persons permitted for the respective area, controlling access and avoiding queues as well as ensuring sufficient ventilation in enclosed spaces. Notices regarding the rules of distance and hygiene must be posted in a clearly visible place.
More detailed information on the requirements of the protection and hygiene plan, including regulations on the maximum number of persons or access and visiting regulations, can be determined by the respective competent Senate department in agreement with the Senate department responsible for health in a sector-specific general hygiene concept.

(4) Subsections 1 to 3 shall not apply to events pursuant to § 6(3) numbers 2 and 3.

§ 3 Documentation of Attendance

(1) Beyond § 2, the persons responsible for
  1. events,
  2. restaurants,
  3. hotels,
  4. amusement arcades, casinos, betting shops and similar establishments,
  5. cinemas, theatres, concert and opera houses,
  6. companies offering close-contact services,
  7. the practice of sport in covered sports facilities including indoor swimming pools, fitness and dance studios and similar sports facilities, and for sports-related and similar leisure activities as well as sport outdoors according to § 5(7) sentence 1 letters b) to g) and
  8. state, private and denominational universities for event rooms in which on-site courses are held
    must document attendance in closed rooms. For private or family events, the obligation to keep a record of attendance applies if more than 20 persons are present at the same time.
(2) The attendance documentation may only be used for contact tracing in accordance with infection control laws and must contain the following information:
  1. Name and surname,
  2. Phone number,
  3. Full address or email address,
  4. Time the person was present and
  5. Seat or table number, if applicable.
    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 and handed over 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.

(3) Subsection 1 shall not apply to events pursuant to § 6(3) numbers 2 and 3.

§ 4 Mouth and Nose Covering (Community Mask)

(1) A covering for the mouth and nose (community mask) must be worn:

  1. by passengers and non-driving staff when using public transport, including stations, airports and ferry terminals, and other vehicles with changing passengers,
  2. by customers in retail shops of all kinds 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 such as in particular hairdressing businesses, cosmetic studios, massage practices, tattoo studios and similar businesses, also by personnel who work in close contact with customers,
  3. in restaurants by staff with guest contact and guests when they are not in their seat,
  4. by visitors in cinemas, theatres, concert halls and opera houses, libraries, archives, amusement arcades, casinos, betting shops and similar establishments, as long as they are not seated at their seats, in museums, memorials and similar cultural and educational establishments,
  5. by patients and those accompanying them in doctors’ practices and other health care institutions, provided that the medical treatment in question does not prevent this,
  6. in hospitals and nursing homes by visitors and patients or residents if they are outside their room or are receiving visitors,
  7. in covered sports facilities, including indoor swimming pools, fitness and dance studios, and similar premises used for the practicing sport, except while practicing sport and
  8. in vocational education and training, where the minimum distance of 1.5 metres cannot be observed, with the exception of vocational schools and
  9. in schools pursuant to § 1(2) sentence 2 number 2, with the exception of instruction and extra-curricular as well as supplementary support and supervision.

(2) The obligation to wear a mouth-and-nose covering shall not apply to

  1. children up to the age of six,
  2. persons who cannot wear a mouth-and-nose covering due to a health impairment or disability,
  3. persons whose use other device to reduce the spread of droplet particles or
  4. deaf persons and the hard of hearing as well as people who communicate with them, as well as persons accompanying them.

§ 5 Further Hygiene and Protection Rules for Particular Sectors

(1) Singing together in closed rooms shall only be permitted if the hygiene and infection protection standards laid down in the Hygiene Guidelines of the Senate Department responsible for culture in accordance with § 2(3) are observed. Sentence 1 shall not apply to persons listed in § 1(3).

(2) For assemblies according to Article 8 of the Basic Law (Grundgesetz) and Article 26 of the Berlin Constitution, 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 the requirement to wear a mouth-and-nose covering, 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. § 17a(2) of the Assembly Act (Versammlungsgesetz) in the version published on November 15, 1978 (Federal Law Gazette I p. 1789), last amended by Article 2 of the Act of December 8, 2008 (Federal Law Gazette I p. 2366), does not preclude the wearing of a mouth-and-nose covering to protect against infection.

(3) 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 situation intensifies. Further details shall be determined by the Senate Department responsible for health.

(4) When opening sales outlets, only one person per 10 square metres of business premises may be admitted in closed rooms. If the size of the sales floor is less than 10 sqm, a maximum of one customer may be admitted at a time. Access to department stores and shopping centres (malls) shall be regulated separately by the operator. The minimum area of 10 square metres per person pursuant to sentence 1 shall apply to all sales areas located there. Incentives for staying in the department stores and shopping centres (malls) are not permitted.

(5) For public and waiting areas in the public authorities’ buildings, other public bodies of the State of Berlin and legal entities under public law directly under the jurisdiction of the State of Berlin, with the exception of the courts, subsection 4 sentences 1 and 2 shall apply mutatis mutandis, subject to sector-specific access regulations for reasons of infection protection.

(6) In restaurants and pubs, food and beverages may only be consumed at tables. The seating must be arranged such that a minimum distance of 1.5 metres is maintained between people who do not fall under the exception in § 1(3); no persons may be present within this distance. Notwithstanding sentence 2 and § 1(2) sentence 1, groups of up to six persons with a distance of less than 1.5 metres between them may sit at a table. Outdoors, the minimum distance according to sentence 2 may be reduced provided that protection against droplet infections and aerosols is ensured. No persons are allowed to stay within the minimum distance area. An enhanced cleaning and disinfection schedule must be ensured.

(7) Subject to sentence 2, sport may only take place without contact and in compliance with the distance regulations according to § 1(2). Insofar as it is absolutely necessary for practicing the sport, the restriction in sentence 1 shall not apply:
a) for the group of persons referred to in § 1(3),
b) for cadre athletes, Bundesliga teams and professional athletes,
c) for team and group sports in fixed training groups of no more than 30 persons, including the trainers and other support staff,
d) for martial arts in fixed training groups of a maximum of 4 persons in addition to the trainers and other support staff, whereby the total number of training groups allowed depends on the specifications for the sports facility used,
(e) for set dance and other sports couples,
(f) for the sporting use of sailing boats, rowing boats and canoes, with the exception of dragon boats,
g) for trainers and athletes, insofar as they provide assistance necessary for practicing the sport.
Before the start of the sport, the responsible persons must point out the necessity of complying with the protection and hygiene concept according to § 2(1) and to ensure its implementation.

(8) Competitions in contactless sports are permitted, provided that they take place within the framework of a usage and hygiene concept made by the respective sports association. The same applies to the competitive operation of other sports from August 21, 2020. For their national leagues, competitions will be permitted from August 15, 2020. Competitions for qualification to existing national cup competitions in contact sports can only be held before August 15, 2020, with the approval by the Senate Department responsible for sports. From August 21, 2020, spectators shall be permitted, subject to the upper limits for persons laid down in § 6, whereby the persons required for the operation of the game must be included when calculating the maximum number of persons. Fan singing and chanting is not allowed. The protection and hygiene concepts of event venues can provide more detailed regulations.

(9) Swimming pools, open-air and beach pools may only be opened with the permission of the local public health office.

(10) In the area of childcare, the Senate Department responsible for youth and family affairs may, in cases where the use of qualified personnel in the facilities is restricted due to the infection situation, make further regulations in order to be able to fulfil the scope of care while observing the hygiene requirements in accordance with the Child Day Care Support Act of June 23, 2005 (GVBl. p. 322), which was last amended by Article 1 of the Act of June 11, 2020 (GVBl. p. 535).

(11) The supply of sexual services without sexual intercourse, in particular erotic massages, bondage and related sexual practices, is permitted; practices carried out close to the face are not permitted. Prostitution facilities within the meaning of the Prostitute Protection Act (Prostituiertenschutzgesetz) of October 21, 2016 (BGBl I, p. 2372), last amended by Article 182 of the Ordinance from June 19, 2020 (BGBl. I, p. 1328), are permitted as long as they only offer services permitted in sentence 1. In addition to the first half-sentence of the first sentence, sexual services involving sexual intercourse are permissible from September 1, 2020; this also applies to prostitution facilities and prostitution agencies. Sexual services in accordance with sentences 1 and 3 shall be permitted in prostitution vehicles within the meaning of the Prostitute Protection Act from October 1, 2020. The organisation or holding of prostitution events as defined by the Prostitute Protection Act is prohibited. The person offering the services in accordance with sentences 1 and 3 and the operator of a prostitution business within the meaning of the Prostitute Protection Act must draw up an individual protection and hygiene concept in accordance with § 2(1) sentence 1 and § 2(2) and submit it to the competent authority on request. The offer of services pursuant to sentences 1 and 3 is only permitted by appointment and exclusively to individual persons. § 3(1) sentence 1 number 6 and § 3(2) as well as § 4(1) number 2 and § 4(2) numbers 2 to 4 apply mutatis mutandis.

Part 2 - Maximum Number of Persons and Bans

§ 6 Maximum Number of Persons for Events

(1) Outdoor events with more than 1 persons present at the same time are prohibited up to and including 31 August 2020. Outdoor events with more than 5000 persons present at the same time are prohibited from September 1, 2020, up to and including October 24, 2020.

(2) Events in closed rooms with more than 500 persons present at the same time are prohibited from August 1, 2020, up to and including August 31, 2020. Events in closed rooms with more than 750 persons present at the same time are prohibited from September 1, 2020, up to and including September 30, 2020. Events in closed rooms with more than 1000 persons present at the same time are prohibited from October 1, 2020, up to and including October 24, 2020.

(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 (worship services),
  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, and
  4. political party meetings and meetings of electoral communities, if they are required by the provisions of the Political Parties Act (Parteiengesetz) or are necessary to prepare for participation in general elections.

§ 7 Prohibitions

(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 5 of the Act from June 19, 2020 (BGBl. I, p. 1403), are prohibited from being open to the public in enclosed rooms.

(2) Restaurants which are registered as discotheques and similar businesses 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), are prohibited from opening to the public in enclosed rooms. They may offer food and beverages on-site, for pick-up or delivery. Dance events are also not permitted in other restaurants.

(3) Saunas, steam baths and similar facilities must remain closed. These types of areas in hotels, fitness studios and similar facilities must also be kept closed. Sentence 1 shall not apply to dry saunas; using water in dry saunas is prohibited.

(4) State, private and confessional universities are to generally conduct their teaching activities using online formats rather than face-to-face teaching up to and including September 30, 2020. Classroom teaching, practical formats and examinations can be carried out in compliance with the basic obligations and the protection and hygiene rules according to Part 1.

(5) Workshops, daycare centres and daycare support centres for people with disabilities shall not be fully open up to and including September 30, 2020. The provision of services is only permitted if the disabled person has agreed to resume providing services. In workshops for persons with disabilities, the number of simultaneously used work and care places is limited to up to 90 percent of the places that were available in the workshop on March 17, 2020. In order to avert dangers for employees and beneficiaries, the pay-financed service providers of integration assistance and assistance measures to overcome particular social difficulties are authorised to deploy staff in deviation from the service agreements, in particular in other services, in order to ensure that the beneficiaries as a whole are provided for.

Part 3 - Quarantine Measures

§ 8 Domestic Quarantine for Incoming and Returning Travelers from Abroad; Observation

(1) Persons who enter the state of Berlin by land, sea, or air from another country and who were in a risk area listed in subsection 4 at any time within the 14 days before entering the state of Berlin shall be obliged to go directly to their own home or other suitable accommodation immediately after entry and to remain there without interruption for a period of 14 days after entry; this shall also apply to persons who first entered another state of the Federal Republic of Germany. During this period, the persons referred to in the first sentence of sentence 1 shall not be permitted to receive visits from persons not belonging to their household.

(2) The persons included in subsection 1 sentence 1 are obligated to contact the health office responsible for them without delay and to report that they are subject to domestic quarantine according to the conditions described in subsection 1. The persons covered by subsection 1 sentence 1 are also obligated to inform the responsible authority immediately if symptoms of illness occur that suggest they might have COVID-19 according to the criteria of the Robert Koch Institute currently valid at the time.

(3) During the period of isolation, the persons covered by subsection 1 sentence 1 shall be subject to observation by the responsible public health office.

(4) Risk area within the meaning of subsection 1 sentence 1 is a state or region outside the Federal Republic of Germany for which there is an increased risk of infection with the coronavirus SARS-CoV-2 at the time of entry into the Federal Republic of Germany. Classification as a risk area is carried out by the Federal Ministry of Health, the Federal Foreign Office and the Federal Ministry of the Interior, Building and Community and is published by the Robert Koch Institute.

§ 9 Exceptions to Domestic Quarantine

(1) Furthermore, § 8(1) sentence 1 shall not apply to persons who enter the Federal Republic of Germany or the state of Berlin only for the purpose of transit; such persons shall immediately leave the territory of the state of Berlin by direct route. The necessary transit through the territory of the state of Berlin is permitted.

(2) The following persons are excluded from § 19(1) sentence 1:
1. those who, for professional reasons, transport other persons, goods and merchandise across borders by road, rail, sea or air, and have stayed in a state as described in § 8(4) for less than 72 hours or who will stay in the State of Berlin for less than 48 hours for this purpose,

2. those whose activities are absolutely necessary for the maintenance of
a) maintaining diplomatic and consular relations,
b) the functioning of the representation of the people, the government and administration of the Federation, the Länder and the municipalities, or
c) the functioning of the institutions of the European Union and international organisations;
the absolute necessity must be determined by the employer and certified in writing or
3. who, in the course of their work as employees of air, ship, rail or bus transport companies or as crew of aircraft, ships, trains or buses, have stayed in a state as described in § 8(4) for less than 72 hours or who will stay in the State of Berlin for less than 48 hours for this purpose,

(3) Not covered by § 8(1) sentence 1 are persons who have a medical certificate together with current laboratory findings in German or English confirming that there are no indications of infection with the coronavirus SARS-CoV-2 and who present this certificate to the competent authority without delay on request. The medical certificate in accordance with the first sentence above must be based on a molecular biological test for the presence of infection with the coronavirus SARS-CoV-2 carried out in a member state of the European Union or another state published by the Robert Koch Institute and carried out no more than 48 hours before entry into the Federal Republic of Germany. The medical certificate in accordance with sentence 1 shall be retained for at least 14 days after entry.

(4) Besides the exemptions covered in subsections 1 to 3, exemptions from § 8(1) may also be granted in duly justified cases, provided that this is justified in the light of all interests involved and epidemiological considerations. In particularly urgent individual cases, the Senate Department responsible for health may grant an exemption pursuant to sentence 1; the responsible health office shall be informed of the exemption.

(5) §§ 1 to 4 shall only apply if the persons named therein do not exhibit any symptoms that indicate an infection with COVID-19 in the sense of the currently valid criteria of the Robert Koch Institute. Persons to whom §§ 2 to 4 apply must immediately inform the responsible public health office if, within 14 days of entering the state of Berlin, they exhibit any symptoms that indicate an infection with COVID-19 according to the currently valid criteria of the Robert Koch Institute.

(6) § 8(2) shall not apply to persons who, after entering the State of Berlin, are immediately in state accommodation if the obligations according to § 8(2) are fulfilled by another agency. Accommodation in official care must be provided in compliance with the specifications of the Senate Department responsible for health and the respective responsible health office.

§ 9a Domestic Quarantine for Incoming and Returning Travelers from within Germany; Observation

The provisions of § 8 (1 to 3) and § 9 shall apply mutatis mutandis to persons who enter the State of Berlin from within Germany and who at any time within 14 days prior to entry have stayed in a risk area within the Federal Republic of Germany. A risk area within the meaning of sentence 1 is a region for which there is an increased risk of infection with the coronavirus SARS-CoV-2 at the time the person enters the State of Berlin. Classification as a risk area pursuant to sentence 1 shall be carried out by the Senate Department responsible for health in agreement with the Senate Chancellery and shall be published by the Senate Department responsible for health.

Part 4 - Final Provisions

§ 10 Restriction of Fundamental Rights

This regulation 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).

§ 11 Administrative Offences

(1) The prosecution of administrative offences shall be governed by § 73(1a) number 24 and subsection 2 of the Protection against Infection 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 185 of the Ordinance from June 19, 2020 (Federal Law Gazette p. 1328), 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 Protection against Infection Act to deliberately or negligently,
  1. in violation of § 1(2) sentence 1, not observe the minimum distance of 1.5 metres to persons other than those mentioned in § 1(3) and there is no exception under § 1(2) sentence 2, § 5(6) sentence 3, § 5(7) sentence 2 or § 5(8),
  2. in violation of § 2(1), as the person responsible, does not submit a hygiene plan on request, unless an exception under § 2(4) exists,
  3. in violation of § 2(1), as the person responsible or in charge, does not submit a hygiene plan on request, unless an exception under § 2(4) applies,
  4. in violation of § 3(1 and 2), not keep attendance documentation as the person responsible, not keep it for a period of four weeks or not hand it over at the request of the competent authority, unless an exception under § 3(3) applies,
  5. in violation of § 4(1), not wear a mouth-and-nose covering and there is no exception under § 4(2),
  6. in violation of § 5(1), sing together in closed rooms without complying with the standards of hygiene and protection against infection laid down in the Hygiene Guidelines of the Senate Department responsible for culture,
  7. in violation of § 5 (2), 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,
  8. in violation of § 5 (2), not ensure compliance with the protection and hygiene plan when holding the assembly,
  9. in violation of § 5(4), sentences 1 and 2, as the responsible operator of a point of sale, admit more than the maximum number of persons permitted by the area of the business premises,
  10. in violation of § 5 (4) sentences 3 and 4, as the responsible operator of a department store or shopping centre (mall), not guarantee compliance with the access regulation in relation to the maximum number of persons permitted for the respective area,
  11. in violation of § 5(6), as the responsible operator of a restaurant or bar, not ensure compliance with the rules on hygiene and spacing,
  12. in violation of § 5(7) sentence 1, not keep sports contactless and there is no exception under § 5(7) sentence 2 letters a) to g),
  13. in violation of § 5(8) sentence 1 and 2, conduct a competition without a usage and hygiene concept from the respective sports federation approved by the Senate Department responsible for sports or does not observe these regulations,
  14. in violation of § 5(8) sentence 2, conduct a competition in a sport with contact before August 21, 2020,
  15. in violation of § 5(8) sentence 3, conduct a competition in a national league before August 15, 2020,
  16. in violation of § 5(8) sentence 4, carries out a competition for qualification to existing national cup competitions in contact sports before August 15, 2020, without the approval by the Senate Department responsible for sports,
  17. in violation of § 5 (9), as the responsible operator of a swimming pool, open-air or beach pool, open the facility without the approval of the competent public health office,
    in violation of § 5(11) sentence 1, use sexual services carried out close to the face even without sexual intercourse,
  18. in violation of § 5(11) sentence 3, use sexual services involving sexual intercourse before September 1, 2020,
  19. in violation of § 5(11) sentence 3, operate prostitution facilities or prostitution agencies offering sexual services involving sexual intercourse before September 1, 2020,
  20. in violation of § 5(11) sentence 4, operate prostitution vehicles before October 1, 2020,
  21. in violation of § 5(11) sentence 5, organise or carry out prostitution events,
  22. in violation of § 5(11) sentences 2, 4 and 5, operate, organise or carry out a prostitution business within the meaning of the Prostitute Protection Act in which sexual services carried out close to the face even without sexual intercourse are offered, organised or carried out,
  23. in violation of § 5(11) sentence 6, as a person offering the services pursuant to § 5(11) sentences 1 and 3, or as an operator of a prostitution business within the meaning of the Prostitute Protection Act, not submit a hygiene concept on request,
  24. in violation of § 5(11) sentence 7, as an operator of a prostitution business according to § 5(11) sentences 1 and 3, offer services without appointments or not offer services exclusively to individual persons,
  25. in violation of § 6(1), as the person responsible for an outdoor event, not guarantee compliance with the number of participants permitted in each case and no exception under § 6(3) applies,
  26. in violation of § 6(2), as the person responsible for an event in an enclosed room, not guarantee compliance with the number of participants permitted in each case and no exception under § 6(3) applies,
  27. in violation of § 7(1), as the responsible operator, open a dance performance or a similar undertaking in enclosed spaces to the public,
  28. in violation of § 7(2) sentence 1, as the responsible operator, open a restaurant registered as a discotheque and similar establishments, which does not exclusively offer food and drink for consumption on the premises, for pick-up or delivery, to the public in enclosed rooms,
  29. in violation of § 7(2) sentence 3, as the responsible operator of a restaurant, carry out a dance event or a similar undertaking in an enclosed room,
  30. in violation of § 7(3), as the responsible operator, open a sauna, steam bath or a similar facility and no exception according to § 7(3) sentence 3 applies,
  31. in violation of § 7(3), as the responsible operator, use water in dry saunas,
  32. in violation of § 7(5) sentence 1, as the responsible operator of a workshop, day care centre and day care centre for people with disabilities, open fully before September 30, 2020, and not guarantee compliance with the number of participants permitted under § 7(5) sentence 3 in each case,
  33. in violation of § 8(1) sentence 1, not immediately after entry, as a traveller entering or returning from a risk area pursuant to § 8(4), take the direct route to his or her own home or other suitable accommodation, unless an exception pursuant to § 9(1 to 4) applies,
  34. in violation of § 8(1) sentence 1, not self-isolate as a traveller entering or returning from a risk area pursuant to § 8(4) for a period of 14 days after entry, unless an exception pursuant to § 9(1 to 4) applies,
  35. in violation of § 8(1) sentence 2, as a traveller entering or returning from a risk area pursuant to § 8(4), receive visits from persons who do not belong to his or her own household during the period of self-isolation,
  36. in violation of § 8(1) sentence 2, visit a person who is subject to the obligation of self-isolation under § 8(1) sentence 1,
  37. in violation of § 8(2) sentence 1, as a person entering or returning from a risk area in accordance with § 8(4), fail to contact the competent public health office immediately and draw attention to the obligation to self-isolate in accordance with § 8(1), unless an exception under § 9(6) applies,
  38. in violation of § 8(2) sentence 2, as a traveller entering or returning from a risk area pursuant to § 8(4), not immediately inform the competent public health office if symptoms of illness indicating an illness with COVID-19 as described in the currently valid criteria of the Robert Koch Institute arise, unless an exception under § 9(6) applies,
  39. in violation of § 9(5) sentence 2, in the event of the occurrence of symptoms of illness within 14 days of entry which indicate an illness with COVID-19 as described in the currently valid criteria of the Robert Koch Institute, immediately inform the competent public health office.
  40. in violation of § 9a sentence 1 in conjunction with § 8(1) sentence 1, not immediately after entry, as a person entering or returning from a risk area in accordance with § 9a sentences 2 and 3, take the direct route to his/her own home or other suitable accommodation, unless an exception under § 9a sentence 1 in conjunction with § 9(1 to 4) applies,
  41. in violation of § 9a sentence 1 in conjunction with § 8(1) sentence 1, as a person entering or returning from a risk area in accordance with § 9a sentences 2 and 3, not self-isolate for a period of 14 days after entering the State of Berlin unless an exception under § 9a sentence 1 in conjunction with § 9(1 to 4) applies,
  42. in violation of § 9a sentence 1 in conjunction with § 8(1) sentence 2, as an entrant or return traveller from a risk area in accordance with § 9a sentences 2 and 3, during the period of isolation, receive visits from persons who do not belong to his/her own household,
  43. in violation of § 9a sentence 1 in conjunction with § 8(1) sentence 2, visit a person who is subject to the isolation obligation under § 9a sentence 1 in conjunction with § 8(1) sentence 1,
  44. in violation of § 9a sentence 1 in conjunction with § 8(2) sentence 1, as the person entering or returning from a risk area in accordance with § 9a sentences 2 and 3, not immediately contact the competent health office and report the obligation to isolate in accordance with § 9a sentence 1 in conjunction with § 8(1), unless an exception under § 9a sentence 1 in conjunction with § 9(6) applies,
  45. in violation of § 9a sentence 1 in conjunction with § 8(2) sentence 2, as a traveller entering or returning from a risk area pursuant to § 9a sentences 2 and 3, not immediately inform the competent public health office if symptoms of illness indicating an illness with COVID-19 as described in the currently valid criteria of the Robert Koch Institute arise, unless an exception under § 9a sentence 1 in conjunction with § 9(6) applies,
  46. in violation of § 9a sentence 1 in conjunction with § 9(5) sentence 2, in the event of the occurrence of symptoms of illness within 14 days of entry which indicate an illness with COVID-19 as described in the currently valid criteria of the Robert Koch Institute, immediately inform the competent public health office.

§ 12 Entry into Force, Abrogation

(1) This Ordinance shall enter into force on the day following its promulgation in the Berlin Law and Ordinance Gazette; it shall expire at the end of October 24, 2020.

(2) When this Ordinance enters into force, the SARS-CoV-2 Containment Ordinance of March 22, 2020, promulgated on March 22, 2020, in accordance with § 2(1) of the Promulgation of Acts and Ordinances Act of January 29, 1953 (GVBl. p. 106), last amended by Article V of the Act of November 9, 1995 (GVBl. p. 794), and subsequently published in the Berlin Law and Ordinance Gazette (GVBl. p. 220), last amended by Ordinance of June 16, 2020, also promulgated in accordance with Section 2(1) of the Promulgation of Laws and Ordinances Act on June 16, 2020, and subsequently published in the Berlin Law and Ordinance Gazette (GVBl. p. 557), shall cease to apply; for administrative offence proceedings already initiated up to this point in time on the basis of the SARS-CoV-2 Containment Ordinance, the SARS-CoV-2 Containment Ordinance in the version applicable at the time of the offence shall continue to apply.

(3) When this Ordinance enters into force, the Prohibition of Large Events Ordinance of April 21, 2020, which was promulgated on April 21, 2020, in accordance with § 2(1) of the Promulgation of Acts and Ordinances Act and subsequently published in the Berlin Official Gazette (GVBl. p. 269), as last amended by the Ordinance of May 28, 2020, which was also promulgated on May 29, 2020, in accordance with § 2(1) of the Promulgation of Acts and Ordinances Act and subsequently published in the Berlin Official Gazette (GVBl. p. 518), shall cease to apply.

Article 2 - Entry into Force

This Ordinance shall enter into force on the day following its promulgation in the Berlin Law and Ordinance Gazette.

Berlin, August 4 , 2020

The Senate of Berlin

Michael Müller
Governing Mayor

Andreas Geisel
Senator for Senator for Health, Care and Equality

Third Ordinance Amending the SARS-CoV-2 Infection Protection Ordinance From 04 August 2020

PDF-Document (177.9 kB) Document: Senatskanzlei