In view of the sharp rise in the number of highly contagious cases of the coronavirus, the state government has decided to further tighten the containment regulations. The new regulations will come into force next month. The state government provides information on the results in a press release, excerpts of which we are publishing:
"Following the federal-state decision on the coronavirus measures of 7 January, the Brandenburg state government today adopted further amendments to the Second SARS-CoV-2 Containment Ordinance at a special meeting. The amended Corona Ordinance will come into force next Monday (17 January) and will initially apply until the end of 13 February 2022.
In view of the highly contagious Omikron variant, which is now also dominant in Brandenburg, and a renewed increase in infections from a high level, further targeted measures to contain the coronavirus are coming into force to protect the population and critical infrastructure.
Two key points: The so-called 2G Plus rule will apply in the catering sector, and FFP2 masks will be mandatory for passengers travelling on public transport. For people who have already received abooster vaccination, there are no additional restrictions - apart from changes to the mask requirement. They are also exempt from the quarantine rules.
In Brandenburg, the state-wide seven-day incidence is now 503.3 (previous week: 441.9). All districts and independent cities are well above the alarm value (threshold value: over 200 / corona traffic light: red). Since the beginning of the year, the number of coronavirus-related deaths has risen by 178. In Brandenburg, at least 1,669,566 people have been fully vaccinated (vaccination rate of those fully vaccinated: 66.0 per cent). A total of 1,004,796 people have received a booster vaccination (vaccination rate for booster vaccinations: 39.7 per cent) (source: RKI: Digital Vaccination Rate Monitoring).
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The changes to the Second SARS-CoV-2 Containment Ordinance in detail
2G Plus rule in the catering industry
Previously, the 2G rule applied in the catering industry in Brandenburg, according to which guests had to be vaccinated or recovered. Now the so-called 2G plus rule is being introduced. The reason for this stricter rule is that guests cannot wear masks permanently in the catering industry, making it particularly easy to transmit the virus variant.
2G-Plus rule means: Access to restaurants, cafés, bars or pubs is restricted to fully vaccinated people and people who have demonstrably recovered and can show a current, negative test certificate. Persons who have received abooster vaccination and all children under the age of 6 are exempt from this testing requirement. The testing requirement also does not apply to children and young people under the age of 18 who have been fully vaccinated or have demonstrably recovered (proof of vaccination or recovery). Non-vaccinated and non-recovered pupils are admitted with proof of testing as part of the regular school tests (self-test).
This means for children and young people:
- Children under the age of 6 or children who have been deferred from school do not need any proof of admission.
- Vaccinated and recovered children and adolescents under the age of 18 must present the relevant proof of vaccination (full immunisation, 2 vaccinations) or proof of recovery.
- Non-immunised (neither fully vaccinated nor recovered) children and adolescents must present a current, negative test certificate. Proof of regular testing as part of school attendance is sufficient (self-test).
Clarification: The restaurants and similar establishments in which the 2G Plus Rule is mandatory also include restaurants in leisure facilities such as zoos and water parks. Excluded from the 2G Plus rule in the catering sector are restaurants that offer prepared food or drinks exclusively for take-away as part of out-of-home sales and do not provide parking or seating, restaurants in the travel trade, canteens, canteens for company employees as well as service areas and car parks on motorways.
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Relaxation: The 2G Plus rule in the catering sector will be lifted throughout the state of Brandenburg if the burden on the health system decreases. This is the case if the state-wide seven-day hospitalisation incidence no longer exceeds the threshold value of 6 for seven days without interruption (corona traffic light: yellow) and the proportion of COVID-19 patients in the intensive care beds that can actually be operated throughout the state falls below the threshold value of 10 percent (corona traffic light: green). This relaxation applies from the day after the announcement(https://kkm.brandenburg.de/kkm/de/corona-informationen/fallzahlen-land-brandenburg/). If one of the two conditions is no longer met for three consecutive days, the 2G Plus rule in the catering sector will apply again nationwide from the day after the announcement.
Current values: Today, the seven-day hospitalisation incidence is 2.92 (Corona traffic light: green), the proportion of COVID-19 patients in the intensive care beds that can actually be operated nationwide is 16.1 percent (Corona traffic light: yellow).
Note on the test: Rapid test certificates must not be older than 24 hours. Free citizen tests can be used for the test certificate, but also tests that have been carried out as part of a company test by personnel who have the necessary training or knowledge. Self-testing on site under the supervision of the restaurateur is also permitted.
2G-Plus optional
If event organisers voluntarily opt for the 2G-Plus rule, the same obligations to provide evidence apply as in the catering sector. The 2G Plus rule can optionally be applied to events with an entertainment character, cultural and leisure facilities.
This means that in all areas in which the 2G Plus rule is optionally applied, the testing obligation applies in the same way as in the catering industry.
FFP2 masks in local public transport
FFP2 masks without an exhalation valve must be worn in local public transport. FFP2 masks are particularly effective in preventing infection. This is particularly important in view of the new Omikron virus variant, which is very easily transmitted from person to person.
Exceptions: This FFP2 mask requirement does not apply to children under the age of 14 or to control and service personnel and driving and steering personnel. According to the Federal Infection Protection Act, they must continue to wear at least one medical face mask (mouth and nose protection).
Children under the age of 6, people who are medically certified as being unable to wear a face mask or medical face mask due to a health impairment, a medically certified chronic illness or a disability, and deaf and hard of hearing people and people who communicate with them, as well as their companions, are completely exempt from the obligation to wear masks on public transport.
Clarification: In the buildings of railway stations and commercial airports that are open to the public and in the associated areas (in particular waiting areas, stops, platforms and station forecourts) that are not in the open air, medical masks must be worn as a minimum. This means, for example, that if you only buy something from a newsagent in a railway station, you do not need an FFP2 mask.
According to the Federal Infection Protection Act, the 3G rule applies in public transport. Passengers must therefore prove that they have been vaccinated, recovered or tested negative - in addition to the mask requirement. The rule also applies to air travel. Children up to the age of 6, schoolchildren (during school hours) and transport in taxis are exempt from this 3G rule.
Extension of the mask requirement
Until now, medical masks could be removed at events in enclosed spaces if participants were seated at a fixed seat and a distance of at least one metre was maintained between the seats. This exception has been removed from the ordinance.
This means that from 17 January, all guests, participants and spectators must at least wear a medical mask, even if they are in a fixed seat. This applies to
- Assemblies and parades,
- Religious events, non-religious weddings and funerals,
- Visitors to court hearings (clarification: parties to proceedings are exempt from the mask requirement),
- Events with and without entertainment character,
- Cultural and leisure facilities such as cinemas, theatres, concert halls and opera houses, museums, amusement arcades, casinos (clarification: fun and leisure pools, outdoor pools, saunas, thermal baths and wellness centres are still exempt from the mask requirement).
Easier verification checks for small sales outlets
Operators of sales outlets/retail outlets with a walk-in area of up to 100 square metres can also carry out 2G checks in the shop. This regulation also applies in Berlin.
This means that customers can enter small shops if proof of vaccination or recovery is checked immediately after entering (for example at the checkout area).
Mandatory testing in daycare centres and schools
Daycare centres: On 7 February, mandatory testing for daycare children will be introduced. The following will then apply: In after-school care centres, day-care centres and day-care centres for children aged one year and older, all children cared for there must present a negative test result on at least two non-consecutive days per week. As with schoolchildren, a self-administered antigen test carried out at home (without professional supervision), the negative result of which is certified by a parent or guardian, is sufficient for this testing requirement. For the after-school care centre, proof for the school is sufficient.
Parents can obtain the self-tests free of charge from the respective childcare centres. Details will be published by the Ministry of Education, Youth and Sport.
Clarification: Children up to the age of 6 and children who are deferred from school are generally exempt from compulsory testing in all other areas of life, even after 6 February.
Schools: There are no changes to the compulsory testing of pupils. In order to participate in face-to-face lessons, they must continue to be tested on at least three days per week as determined by the respective school. As before, a certificate signed by a parent or guardian confirming the negative result of a self-test will suffice as proof.
Note: This test certificate is still sufficient for pupils to access areas where the 2G, 2G Plus or 3G rule applies during school hours.
Other important rules of the Second SARS-CoV-2 Containment Ordinance that continue to apply
The contact restrictions remain in place: Private gatherings of vaccinated and recovered people are permitted with a maximum of ten people. For people who have not been vaccinated and have not recovered, the following still applies: only members of their own household and a maximum of two people from another household may meet. Children under the age of 14 are exempt from this rule.
In addition, the 2G regulations remain mandatory in many areas. These include, for example, retail (exceptions for basic services such as food, pharmacies, pet supplies, bookshops and newsagents), physical services, accommodation, events with an entertainment character, cinemas, theatres, concert halls, sports facilities, fun and leisure pools.
At 2G, access is permitted in accordance with the Brandenburg Corona Ordinance:
- vaccinated persons
- Recovered persons
- Children up to the age of 14
- Young people up to the age of 18(condition: negative test result)
- Persons for whom no vaccination recommendation has been issued by the Standing Vaccination Commission for health reasons; the health reasons must be proven on site by a written medical certificate in the original(conditions: negative test certificate and the obligation to wear an FFP2 mask without exhalation valve at all times)
Dance events in clubs, discotheques and similar establishments as well as large events with more than 1,000 guests present at the same time have already been banned in the state of Brandenburg since 15 December 2021. These coronavirus rules also remain unchanged.
Distancing requirement: Every person should maintain a minimum distance of 1.5 metres from other people outside of their private space (distancing requirement). The distancing requirement does not apply, for example, to spouses or partners, cohabiting partners, members of one's own household or persons for whom custody or statutory or court-ordered rights of access exist.
General obligation to wear a mask: If it is not possible to comply with the social distancing requirement outside of private spaces in closed rooms, a medical mask must be worn.
Avoid contact in case of symptoms: Every person is obliged to refrain from physical contact with other people if typical symptoms or other indications of infection with the SARS-CoV-2 virus are present. Typical symptoms include shortness of breath, a new cough, fever and loss of smell or taste.
Recovered, vaccinated, boostered
Under the Infection Protection Act, the German government can provide for relief or exemptions from certain infection protection measures for people who are assumed to be immunised against the coronavirus or who have tested negative. It has made use of this option with the COVID-19 Protective Measures Exemption Ordinance. It contains the definition in relation to vaccination status and recovered status. It also specifies who is considered vaccinated, boostered or recovered. Reference is made to this in the Brandenburg Corona Ordinance.
The federal government has updated the COVID-19 Protection Measures Exemption Ordinance this week, thereby adapting it to the federal-state resolution. Taking into account the current state of medical science, the federal government dynamically refers to information from the Paul Ehrlich Institute(www.pei.de/impfstoffe/covid-19) in its ordinance.
Shortening quarantine and isolation times
With the federal-state resolution of 7 January 2022, the Minister Presidents and the Federal Government also agreed to shorten quarantine and isolation times, in particular to protect the working capacity of critical infrastructure in the impending coronavirus pandemic.
Previously, quarantine and isolation could apply for up to 14 days in Germany, depending on the virus variant, vaccination and recovery status. For example, according to the previous COVID-19 protective measures exemption ordinance of the federal government, vaccinated and boostered persons also had to quarantine after contact with a person infected with a variant of the coronavirus (e.g. Omikron).
According to the federal-state resolution, the following quarantine and isolation regulations are now to be applied as uniformly as possible throughout Germany:
No quarantine for boosted persons (for definition of "boosted" see PEI and RKI publications).
boostered are on an equal footing with regard to the quarantine afterwards:
- "Vaccinated recovered persons" (e.g. vaccinated persons with a breakthrough infection or recovered persons who have received a vaccination following the illness),
- "newly" double-vaccinated persons if the second vaccination was less than three months ago and
- Recovered persons, if the illness occurred less than three months ago.
For isolation (after infection) or quarantine (of contact persons), the following rules should be applied uniformly throughout Germany:
The general rule is isolation for infected persons and quarantine for contact persons:
- With testing:Discharge after 7 days with subsequent testing by certified rapid antigen test or PCR test with corresponding proof/certificate.
- Without testing:Discharge after 10 days.
The following applies to employees in hospitals, care facilities and facilities providing integration assistance:
- Isolation(after infection): Discharge after 7 days with mandatory PCR testing and if previously symptom-free for at least 48 hours.
- Quarantine(of contact persons): With testing (PCR or rapid antigen test): Discharge after 7 days. Without testing: Discharge after 10 days.
The following applies to pupils and children (e.g. at school, daycare centres, after-school care centres):
- Isolation(after infection): With testing (PCR or rapid test): Discharge after 7 days. Without testing: discharge after 10 days.
- Quarantine(of contact persons): 5 days with subsequent testing with a certified rapid antigen test or PCR test.
With the approval of the Bundestag and Bundesrat, the Federal Government amended the COVID-19 Protection Measures Exemption Ordinance accordingly this week; the Bundesrat gave its approval today (Friday, 14 January). This creates the legal basis for the shortened quarantine and isolation regulations.
The Robert Koch Institute (RKI ) will publish new recommendations on contact person management based on the amended COVID-19 Protective Measures Exemption Ordinance: www.rki.de/kontaktpersonenmanagement.
The Brandenburg Ministry of Health has already informed the health authorities of the districts and independent cities about the shortening of quarantine and isolation periods. Now that the federal government has created the legal basis for this, the Ministry of Health will soon send the health authorities further technical recommendations in a letter to ensure standardised implementation in the state of Brandenburg.
Important: The basis for ordering quarantine in Germany is the Infection Protection Act (§30). In Brandenburg, quarantine is ordered by the local health authority. The assessment of the risk of infection and thus the ordering of a quarantine is always carried out by the health authority on a case-by-case basis. This means that the health authorities can deviate from the general quarantine recommendations in individual cases according to their professional judgement.
It is very important that an ordered isolation or quarantine is strictly adhered to - even if there are no symptoms. This means that you are not allowed to leave the place of isolation or quarantine (not even to go shopping) and you are not allowed to receive visitors. Violations constitute administrative offences and can be punished with a fine or imprisonment.