Interpretative notes on the Ordinance on the restriction of social contacts and the operation of facilities and services due to the Corona ...
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Interpretative notes on the
Ordinance on the restriction of social contacts
and the operation of facilities and services
due to the Corona pandemic
(Corona Contact and Operation Restriction Ordinance)
Date: January 11, 2021
Introduction
The Ordinance Restricting Social Contact and Operation of Facilities and Offerings Due to the Corona
Pandemic was adopted on May 7, 2020, and became effective on May 9, 2020. It was last amended
on January 6, 2021. The Corona Contact and Operating Restrictions Ordinance (CoKoBeV) replaces
the Third Corona Virus Control Ordinance of March 14, 2020, and the Fourth Corona Virus Control Or-
dinance of March 17, 2020. Whereas at the time these ordinances were issued, the focus was still on
the requirement for a rapid "lock-down," the CoKoBeV has since regulated the conditions of the se-
cond "lockdown" that has become necessary.
The CoKoBeV aims at the containment as well as the preservation of the successes achieved in the
fight against the novel SARS-CoV-2 virus, which has spread worldwide in a very short time. It deter-
mines contact-reducing measures to slow down the infection process and protect particularly vul-
nerable groups. The SARS-CoV-2 virus is transmitted from person to person by so-called droplet in-
fection but also in the form of aerosols. Aerosols are mixtures of solid airborne particles, including the
virus, and a gas, such as is produced during exhalation. By restricting contact, closing certain facilities
and establishing various distance and hygiene rules, chains of infection are to be interrupted. These
measures are designed to protect the health of the population and also to prevent overburdening of
the healthcare system and the people working in this area.
With increasing mobility and the associated additional contacts in the pre-Christmas period, Germany
was once again experiencing exponential growth in the number of infections. A further increasing bur-
den on the health care system and an unacceptably high number of daily deaths are the result. It was
therefore necessary to take further far-reaching measures to restrict contacts. The goal is to perman-
ently reduce the number of new infections to a value of no more than 50 infections per 100,000 inhabi-
tants per week, so that it will once again be possible for health offices to identify and interrupt chains
of infection as completely as possible and thus further reduce the number of new infections. The Ro-
bert Koch Institute (RKI) continues to classify the risk posed by the SARS-CoV-2 virus to the health of
the population as high, and even as very high for risk groups. Especially in the autumn and winter pe-
riod, further respiratory diseases are added, so that especially in this period an overload of the overall
1good health care system in Hesse must be prevented. In addition, social life shifts from outdoor areas
to enclosed spaces, increasing the risk of infection.
The Corona pandemic also left its mark on Christmas and the turn of the year 2020/2021. The popula-
tion refrained from important encounters, especially during this time, in order to protect themselves
and others. A precise assessment of the development of the infection is extremely difficult at the be-
ginning of the new year. Due to the numerous holidays, there may have been testing and reporting
delays. In addition, the effects of the special visiting and traveling behavior during the holidays will only
show up later in the infection incidence. It can be assumed that the current reporting figures tend to
underrepresent the actual incidence of infection. However, it can be said with certainty that the in-
cidence of infection throughout Germany is still at far too high a level.
In particular, the burden in the health care system is currently high and has continued to rise. The
presumed easing of the infection situation has not yet had any positive effect on hospital occupancy
rates.
The federal and state governments are also concerned about the development of mutations of the
SARS Cov2 virus. The common goal of the federal and state governments is to limit the entry and
spread of virus variants with possibly less favorable characteristics as much as possible.
Against this background, the Hessian state government - in unison with the other federal states - has
decided to extend the strict restrictions currently in force until January 31, 2021. In an extension of the
previous decisions, private gatherings will be further restricted.
Staying in public spaces is only permitted alone, with members of one's own household and with a
maximum of one other person not living in the household. When meeting other people, a minimum dis-
tance of 1.5 meters must be kept. Public behavior such as dancing, which is generally likely to endan-
ger the distance requirement, is prohibited regardless of the number of people. Celebrating together in
public spaces is prohibited. Consumption of alcoholic beverages in the public space is prohibited. Vi-
olators will be fined.
For private gatherings (especially in one's own home), a restriction to one's own household and a ma-
ximum of one other person not living in the household is strongly recommended.
Retail outlets are now required to close by January 31, 2021. Exceptions are provided for the basic
supply of the population. The sale of non-food products in the food retail trade, which are not to be al-
located to daily needs, may continue to take place to the current extent, but may not be expanded un-
der any circumstances.
If the subject matter of the trade is changed or extended to include new goods or services that are not
customary for trades of the registered type, this must be reported to the competent authority. A viola-
tion of this provision constitutes a misdemeanor (Section 146 (2) No. 2 GewO).
2Meetings and events are only permitted in the case of special public interest and with the approval of
the competent authority, in compliance with the applicable distance and hygiene rules and enabling
contact tracing. Gatherings within the meaning of Article 8 of the Basic Law (for example, demonstrati-
ons, political meetings and party days) are still possible without prior authorization.
By closing as many establishments, businesses and meeting places as possible and discontinuing
most services, close social contacts are to be minimized to the absolute minimum and chains of infec-
tion interrupted. Service businesses in the personal hygiene sector, such as hairdressing establish-
ments, cosmetic studios, massage practices, tattoo studios and similar establishments, will be closed
because physical proximity is essential in this sector. This also applies if these prohibited body-related
services are offered at the customer's home or otherwise outside the customer's own business premi-
ses. In these cases, too, the services cannot be offered without the necessary and currently infecti-
ously undesirable physical proximity. Medically necessary treatments, for example physiotherapy, oc-
cupational therapy and logotherapy, as well as podiatry/foot care, remain possible. The provision of
services, consulting services and handicraft activities is still permitted - with some exceptions (see be-
low) - in compliance with the recommendations of the RKI on hygiene, in particular on contacts and
compliance with the safety distance.
The closure of all catering establishments, with the exception of take-away food, drinks and delivery
services, and the restriction of overnight accommodation to necessary purposes also serve to prevent
the rapid spread of the virus.
The operation of gas stations and rest stops on federal highways as well as the car service stations
serves the basic supply and is still permitted. The same applies to travel supply stores in the non-
public areas of airports behind security checkpoints.
In open establishments, sales outlets and in the public areas of all buildings open to the public, at per-
mitted events and gatherings, and in public transport, it is compulsory to wear mouth-to-nose
coverings. Mouth-to-nose covering must also be worn in all workplaces and business premises. This
does not apply in the workplace, even if a distance of 1.5 meters from other persons can be safely
maintained (see § 1a CoKo-BeV and https://www.hessen.de/fuer-buerger/corona-hessen/mund-na-
sen-bedeckung). This measure is an important element in containing the transmission of the virus.
Soup kitchens and similar charitable institutions are allowed to open. Here, the consumption of food
and beverages is also permitted if it is ensured that the required minimum distance of 1.5 meters can
be maintained, in particular through the spacing of the tables.
The interpretative notes use specific, non-exhaustive case studies to provide guidance on under-
standing the ordinance. References to paragraphs without naming the legal regulation refer to the Co-
KoBeV.
3Responsibility
In deviation from Section 5 (1) of the Hessian Public Health Service Act, the local public health
authorities are responsible for enforcing the ordinance on the restriction of social contacts and
the operation of facilities and services due to the Corona pandemic.
public health authorities are responsible if the public health authorities cannot be reached or
take action in time to avert an existing dangerous situation. Whether a dangerous situation
is to be decided by the responsible authorities on site. See also the application notes / guide-
lines for the enforcement of the prohibitions and restrictions from the Corona ordinances.
In justified exceptional situations, i.e. those characterized by a particular local hazard situation,
the locally responsible authorities remain authorized to order measures that go beyond the or-
dinance.
4Overview
The Corona Contact and Operating Restrictions Ordinance (CoKoBeV) regulates broad areas of
public life, the operation of institutions, as well as sales outlets and gastronomic establishments, and
extracurricular education and training. Due to the ongoing dynamic events in the current pandemic si-
tuation, the regulations of the ordinance are regularly reviewed and evaluated.
The following list is organized according to the provisions of the regulation and provides an
The following list is structured according to the regulations of the ordinance and provides an overview
of frequent inquiries, repeats areas explicitly mentioned in the ordinance, if applicable, and explains
the applicable hygiene rules. It is not exhaustive. The interpretative notes do not replace the regulati-
ons of the ordinance.
The current regulations for covering the mouth and nose can be found at
https://www.hessen.de/fuer-buerger/corona-hessen/mund-nasen-bedeckung.
The respective hygiene regulations of the ordinance must be observed. The overview will be updated
regularly.
51. Gatherings and Events
Public gatherings are only allowed with members of the household and with a maximum of one
other person not living in the household. The age of the persons is not relevant. When meeting
other people, a minimum distance of 1.5 meters must be kept. Public space in the sense of the
ordinance includes, among other things, all public traffic and green areas, public buildings
and, in particular, facilities in accordance with § 3. Public space also includes playgrounds, bo-
tanical and other public gardens and parks as well as memorials (for events in memorials, § 1
para. 2b is to be observed, meetings in memorials are to be evaluated in accordance with Art. 8
GG) and facilities in which people come together in accordance with § 1 para. 2. However, the
exceptions in the corresponding paragraph apply here. Schools and day-care centers are not
part of the public space in the sense of § 1 para. 1.
The restriction to one household and one additional person does not apply in the context of the care
and accompaniment of minors and persons in need of support (§1 Para. 2 No. 4). For example, car
pools may still be formed for the care of minors on their way to school. The care of siblings by, for exa-
mple, grandparents not living in the household also remains possible. In the context of family care
communities, up to three households may meet as an exception, if social contacts are otherwise re-
duced as far as possible (§1 Para. 2 No. 5).
For private gatherings (especially in one's own home), a restriction to one's own household and a ma-
ximum of one other person not living in the household is strongly recommended.
Special regulations apply to public transport, see below. These restrictions are still necessary
to further slow down the spread of infection.
Wherever a large number of people are permitted to gather, those responsible must take further pro-
tective measures and ensure and monitor compliance with them. Mouth-to-nose coverings must be
worn while participating in the gathering.
The recommendations of the Robert Koch Institute on hygiene must be observed at all meetings.
Meetings and events according to § 1 para. 2
Accompaniment and care of minors or persons in need of support as well as accompanied
contact
Professional academies
Family care communities (maximum of three families)
Fishing examinations
Research institutions
Research and teaching activities at institutions of higher education,
court hearings
Social hunts (as far as for professional purposes or in the course of official duties) as well as
fitness tests of hunting dogs
music academies
6 press conferences
examinations, state examinations, career examinations
Marriage ceremonies by the registry office (not the subsequent celebration!)
meetings (especially of state, corporate and municipal collegial bodies*, as well as meetings
of parliamentary groups, meetings of political parties and groups of voters to nominate candi-
dates for elections and other meetings for political decision-making)
meetings of apartment owners
Meetings for business, professional, official, educational or care-related reasons, if the per-
sons have to work together directly.
For example: staff councils, works councils, bodies of parents' and pupils' representation as well as
students' representation, conferences of teachers and school conferences as well as election mee-
tings from which these bodies emerge; contracting parties, work colleagues who are in regular
exchange, pupils and teachers, kindergarten children and educators.
The need for cooperation is subject to the assessment of the respective employers, principals or other
responsible parties.
* The general assemblies of the chambers of industry and commerce and the chambers of han-
dicrafts, for example, are collegial bodies within the meaning of the ordinance, but general assemblies
and general meetings of members are not. Due to the increased risk of infection and the fact that they
do not cover the core area of public life, general and members' meetings are to be assessed accord-
ing to § 1 para. 2b.
For the general prohibition to operate certain facilities and to make offers available, please refer to i-
tem 2 "Closure and operation of facilities, sports operations".
7Regulations for public passenger transport
Mouth-to-nose coverings must be worn on public transport for the duration of the stay. This does not
apply to children under the age of six or to persons who cannot wear a mask for health reasons.
Appendix to the design notes.
The minimum distance of 1.5 meters does not apply at bus stops and on train platforms, when boar-
ding and alighting from trains, as well as inside public transport vehicles, buses, buses for citizens,
exempted school transport, trains, trains, cabs, etc., as well as in ships, ferries and aircraft. Ferry ser-
vice is permitted.
For more information on mouth-to-nose coverings, see the Appendix to the Implementation Notes at
https://www.hessen.de/fuer-buerger/corona-hessen/mund-nasen-bedeckung.
Meetings of religious communities, funerals, mourning ceremonies according
to § 1 para. 2a, for example
Funerals
Common prayer
Religious services (also outdoors)
Religious ceremonies
eligious instruction (e.g. confirmation or confirmation classes) Marriages
Funeral services
Hygiene rules
Meetings are only allowed if
the required minimum distance of 1.5 meters between persons can be maintained or sepa-
rating devices are set up. The minimum distance does not apply between members of a
household and a maximum of one other person. In addition, the organizer must design the
spatial conditions in such a way that it is also possible to keep the distance; briefly falling be-
low the minimum distance, for example, in order to pass seated persons, is permissible,
no objects are accepted and subsequently passed on between persons who do not belong to
the same household,
appropriate hygiene concepts are adopted and implemented in accordance with the recom-
mendations of the Robert Koch Institute on hygiene, controlling access and avoiding queues,
notices on the required distance and hygiene measures are displayed in a clearly visible man-
ner,
the name, address and telephone number of the participants are recorded by the organizer
exclusively to enable the follow-up of infections,
8 a mouth-nose covering is worn. Clergy are exempt from the mask requirement for the duration
of the ceremony, provided the necessary minimum distance is maintained.
exempted.
The personal data collected must be kept for the competent authorities for a period of one month from
the start of the gathering, funeral service or burial, protected from inspection by third parties, and in
the event of confirmed infection of at least one participant must be forwarded to them and deleted or
destroyed immediately after expiry of the period in a secure manner and in accordance with data pro-
tection regulations. In the case of obviously false information (pseudonyms, "joke names"), efforts
should be made to ensure that the personal data is correct or to make use of the right of access. The
provisions of Art. 13 (duty to inform), 15 (right to information), 18 (right to restriction of processing) and
20 (right to data portability) of the GDPR do not apply; participants must be informed of these restric-
tions.
If the meeting is expected to fill spatial capacities, participation should only take place after prior re-
gistration.
It is strongly recommended to refrain from choral singing and other joint singing.
9Other meetings and events according to § 1 para. 2b
Other gatherings and events with personal participation are only permitted in the case of special public
interest and with the approval of the competent authority and in compliance with the distance and hy-
giene regulations (see below). Meetings and events are in the public interest if the interest of the ge-
neral public in holding them outweighs the interest of the general public in a general ban on events in
exceptional cases (e.g. for animal disease control or prevention). In the assessment, the effects on the
health system and dangers to life and limb of the population in particular must be taken into account in
the assessment in each individual case. A strict standard is to be applied. The mere interest of an indi-
vidual or a group of individuals does not constitute a public interest. The number of persons participa-
ting in the presence should be kept as low as possible and, in order to comply with hygiene regulati-
ons and the minimum distance, should be based, among other things, on the type and size of the ve-
nue. Wherever possible, telephone or video conferencing should be used.
For the following other meetings, the public interest exists in principle, but the meeting must be appro-
ved by the competent authority.
Blood donations
Memorials (events)
Social hunts outside of professional/official activities, if the respective hygiene concept en-
sures that no close social contacts occur among the participants.
Shooting ranges (including shooting cinemas) may be opened for hunters for the purpose of
shooting weapons and obtaining a shooting certificate required by hunting law. For this pur-
pose they do not fall under the facilities to be closed according to § 2 para 1a.
Self-help groups in the areas of addiction and mental illnesses
In the case of other miscellaneous gatherings, an individual examination of the public interest shall be
carried out by the competent authority. For example:
General and members' meetings
Informational meetings
Scientific meetings
Meetings and events of a social and club nature (e.g. choir, orchestra and band rehearsals)
(e.g. choir, orchestra and band rehearsals, performances) cannot be in the special public
interest, at least due to the current pandemic situation. The same applies to the direct sale
of products by way of "parties" and other social sales events.
Hygiene rules
Meetings and events that are in the special public interest and have been approved are
only permitted if
10 the required minimum distance of 1.5 meters can be maintained by suitable measures, in par-
ticular by controlling the number of visitors, or if separating devices have been set up. The mi-
nimum distance does not apply between members of a household and a maximum of one
other person. The distance must be maintained in all directions; the organizer must design the
spatial conditions in such a way that it is possible to maintain the distance; it is permissible to
fall short of the minimum distance for a short time, for example, in order to pass seated per-
sons,
suitable hygiene concepts are drawn up and implemented in accordance with the recommen-
dations of the Robert Koch Institute on hygiene, control of access to and exit from the venue
(e.g. by means of guidance systems and routing) and the avoidance of queues (e.g. by means
of electronic space and payment management),
notices on the required distance and hygiene measures are displayed in a clearly visible loca-
tion,
the name, address and telephone number of the participants are recorded by the organizer
exclusively to enable the tracking of infections,
a mouth-nose covering is worn.
The personal data collected must be kept for the competent authorities for a period of one month from
the start of the event, protected from inspection by third parties, and, in the event of confirmed infec-
tion of at least one participant, must be forwarded to them and, immediately after expiry of the period,
deleted or destroyed securely and in accordance with data protection regulations. In the case of obvi-
ously false information (pseudonyms, "joke names"), efforts must be made to ensure that the personal
data is entered correctly, or use must be made of the right of access. The provisions of Art. 13 (duty to
inform), 15 (right to information), 18 (right to restriction of processing) and 20 (right to data portability)
of the GDPR do not apply; participants must be informed of these restrictions.
For reasons of controllability of the hygiene concept by competent authorities, it should be available in
writing during the approved event and identify a responsible person.
Governmental offers of youth work and youth social work can take place in groups of up to five per-
sons including the supervising person. This regulation applies to all youth work and youth social work
programs offered or sponsored by public youth welfare organizations (municipalities).
During the implementation of the offers, it must be ensured that
name, address and telephone number of the participants are recorded by the organizer exclu-
sively to enable the follow-up of infections,
suitable hygiene concepts are implemented in accordance with the recommendations of the
Robert Koch Institute on hygiene, controlling access and avoiding queues, and
notices on the required distance and hygiene measures are displayed in a clearly visible man-
ner.
Mouth-to-nose coverings must be worn in enclosed areas.
11For youth work and extracurricular youth education offerings with an educational or counseling content
and little physical interaction, § 5 of the ordinance applies. These are, for example, seminars or cour-
ses for groups. If these educational activities take place indoors, a mouth/nose covering must be worn.
The recommendations of the Robert Koch Institute on hygiene are to be observed wherever possible.
Note
For the period of the Corona pandemic, professional organizers must observe the additional occupati-
onal health and safety measures required for occupational infection control, as laid down in the SARS-
CoV-2 Occupational Health and Safety Standard, the SARS-CoV-2 Occupational Health and Safety
Rule and the working aids of the relevant employers' liability insurance association. By way of exa-
mple, for professional rehearsals of orchestra, singing and dance, reference is made here to the in-
dustry-specific guidance of the Verwaltungsberufsgenossenschaft "SARS-CoV-2 Occupational Health
and Safety Standard - Recommendations for the Stage and Studio Industry'' as amended from time to
time.
Professional musicians and visitors to studios with wind instruments should keep a sufficient
distance from other persons in the direction of the wind. According to current knowledge, this
distance should be at least 2 m, but preferably 3 m, due to the unpredictable formation of ae-
rosols depending on the instrument, which can remain in the room for a longer period of time.
Different air outlet volumes at the mouthpieces and air outlets of the various instruments lead
to unpredictable air turbulence and aerosols in a large radius around the instrument. In the
other directions, the minimum distance is 2 m. The specified minimum distances can be re-
duced outdoors (taking wind conditions into account) or by means of suitable technical protec-
tive measures, such as protective shields, partitions or screens.
For musical instruments with condensation, suitable measures for disposal and disinfection
must be provided.
Singing increases the risk of infection, particularly from aerosols, especially when the size of
the group increases. Therefore, permissible choral singing (professional) outdoors should be
preferred. This is pointed out, for example, by the statement of the German Society for Musici-
ans' Physiology and Musicians' Medicine of August 13, 2020. Nevertheless, with increased
ventilation (see above) and a large distance between choir members, rehearsals and perfor-
mances may be possible. In the direction of singing, a distance of at least 6 meters must be
maintained from other persons, and in all other directions a distance of at least three meters.
A reduction of the distance in the direction of singing to three meters can only take place with
increased ventilation and proven compliance with a maximum CO2 concentration of 800 ppm
in the room air.
A minimum distance of three meters is recommended outdoors and must be adapted to fo-
reseeable wind influences. If the minimum distance cannot be maintained and partitions are
not possible, mouth-nose coverings or respirators should be worn. Mouth-to-nose coverings or
respiratory protection are secondary to technical or organizational protective measures.
12Source:
Verwaltungsberufsgenossenschaft, Fachinformation Branchenenspezifische Handlungshilfe
zum SARS-CoV-2-Arbeitsschutzstandard für die Branche "Bühnen und Studios" im Bereich:
Proben- und Vorstellungsbetrieb --- Stand Oktober 2020.
Delimitation question: Relationship of events to educational/training offers according to § 5
In-house training offers by employers and similar institutions are to be subsumed under § 1
para. 2 no. 1.
External further training offers of employers, external providers in extracurricular educational instituti-
ons (academies, conference centers, etc.) are to be subsumed under § 5. The same applies to educa-
tional leave according to the Hessian Law on the Entitlement to Educational Leave. External continu-
ing education programs offered by employers, providers in facilities that are in principle also open to
the public and used for purposes other than education (e.g. hotels) are to be subsumed under Section
1 (2b), since they have the character of an event.
The differentiation is necessary and appropriate, since the facilities in which the offers are perceived
are not comparable with each other. Due to the expected contacts with uninvolved third parties, there
is a need to set strict requirements for educational offerings with an event character and to assess the
individual case by the competent authority.
Furthermore, it is pointed out that educational offers according to § 5 are to be distinguished from in-
formation events according to § 1 para. 2b. Information events have as their core the transfer of know-
ledge (e.g. developments on the stock exchange), whereas educational offers aim at the further deve-
lopment of the personality of the participants.
Family care communities
The mutual assumption of child care is permitted by a maximum of three families, regardless of the
number of children, if the social contacts are otherwise reduced as far as possible and take place in a
close private circle. The generally accepted rules of distance and hygiene (e.g. coughing and sneezing
etiquette, proper hand washing) should be observed.
Meetings in one's own home (apartment/garden)
It is strongly recommended that private gatherings with friends, relatives and acquaintances be limited
to one's own household and a maximum of one other person. . The age of the persons is not relevant.
Even at private gatherings, the minimum distance of 1.5 meters between persons of different house-
holds should be observed, as well as compliance with general hygiene recommendations. A gathering
is private if it has a primarily personal (e.g. family, friendly or neighborly) character. Meetings of a busi-
ness, professional, official or political nature are not private. Private meetings are also characterized
by the fact that the number of participants is personally known to and limited by the organizer.
13It is strongly recommended to reduce the number of households with which contact is made
and not to change this in order to prevent the spread of infection.
Assemblies/Demonstrations
The ordinance does not contain any regulations specific to assemblies. The rules on events are there-
fore not applicable to assemblies within the meaning of Article 8 of the Basic Law (e.g. demonstrati-
ons, political assemblies or party conferences). The general rules of the Assembly Act continue to
apply to them. In order to balance the tension between protection against infection, which is derived
from the basic right to life and health according to Article 2 (2) of the Basic Law, and the basic right to
freedom of assembly according to Article 8 of the Basic Law, the assembly authorities evaluate each
individual case. An appropriate balance is then struck between the two constitutional rights as part of a
proportionate weighing-up process in accordance with the principles of practical concordance.
Information stands and events of parties and voter associations
The general rules of conduct in public spaces apply to information stands of parties and voter
associations:
o Adherence to the minimum distance of 1.5 meters or the construction of separating
devices. The minimum distance does not apply between members of a household and
a maximum of one other person.
o The wearing of a mouth-nose-covering is recommended, if no mask obligation
according to
§ 1a,(especially on heavily frequented traffic routes, squares and open-air areas, e.g. pedestrian zo-
nes and traffic junctions).
Hygiene concepts
Hygiene concepts must be drawn up and implemented in accordance with the recommendations of
the Robert Koch Institute on hygiene, controlling access and avoiding queues. Hygiene concepts must
be suitable in individual cases to prevent the transmission of the SARS-CoV-2 virus or to significantly
reduce the risk of infection. All necessary measures must be taken. Due to the particularities of each
individual case, it is not possible to give general guidelines for suitable hygiene concepts.
In principle, the following minimum requirements and further measures should be met, taking
into account the specific risk of infection in each individual case:
14 the required minimum distance of 1.5 meters between persons can be maintained or
separating devices are set up. The minimum distance does not apply between mem-
bers of a household and a maximum of one other person.
Avoid personal close contacts (e.g. shaking hands or hugging for greeting),
Observe hygiene rules (hand washing, coughing and sneezing etiquette),
Provide hygiene items, especially disinfectant,
wear mouth-nose covering if necessary in individual cases (the covering obligations of
the regulations remain unaffected),
regular disinfection of hand contact surfaces (for example door handles),
regular intensive ventilation of rooms; preference for outdoor contacts.
152. Closure and operation of facilities and sports operations.
Closure of certain establishments and prohibition of various offerings is necessary to slow down the
Slow down the infection process. These are establishments and events in or at which compliance
with distance and hygiene rules cannot typically be ensured due to the design of the offering, or
where particularly vulnerable groups come together that need to be protected in a special way. Rest-
rictions on recreational and cultural activities are also necessary to slow down the infection process
and keep close social contacts to a minimum. The following list provides an overview of frequently
requested areas, repeats areas explicitly mentioned in the VO where applicable, and is not ex-
haustive.
Facilities and services that are closed to the public are closed to
the public:
Offers for leisure activities (indoors and outdoors)
exhibitions
brothels
clubs
discotheques
ice halls
EMS studios
Gyms and similar facilities
amusement parks
Large-scale events where it is typically not possible to ensure compliance with distance and
hygiene regulations
Youth centers, provided that the recreational character or physical interaction is in the fore-
ground (offers with a clear educational or counseling goal according to § 5 or offers of child
and youth work as well as youth social work according to § 1 para. 7 are permitted under
consideration of the respective requirements)
Fairs
Prostitution establishments, prostitution events, prostitution boxes, street prostitution, daily ap-
pointment apartments, hourly hotels
Pilates studios
coach tours
saunas
boat trips
ski lifts
swimming pools
Senior citizen meeting places
casinos, gambling halls
city tours
dance halls
dance events
thermal baths
zoos
16 Yoga studios
Circus events
Zoological gardens
Museums, galleries, castles, theaters, operas, concert halls, cinemas and similar facilities are closed
until further notice. The Infection Protection Act provides that restrictions on the operation of cultural
institutions or on cultural events must take into account the importance of artistic freedom. As soon as
it is possible in view of the infection situation, the cultural institutions should therefore be able to reo-
pen. Archives, libraries and drive-in cinemas are not closed.
Sports operations
Recreational and amateur sports on and in all public and private sports facilities are permitted only a-
lone, in pairs or with one's own household.
The training and competition of top and professional sports is permitted in sports facilities, provided
that this is based on a comprehensive hygiene concept and the recommendations of the Robert Koch
Institute on hygiene are observed. This also applies to the training and rehearsal operations of profes-
sional stage dance and ballet, where the focus is on the sporting component. More detailed informa-
tion on the definition of top-level and professional sports can be found in a decree issued by the
HMdIS on November 3, 2020.
According to this decree, recreational and amateur sports can take place on outdoor sports facilities or
in covered facilities (sports halls, climbing gyms, shooting ranges, etc.) only alone, in pairs or with
one's own household. This allows, for example, couples dancing, tennis singles, table tennis singles,
golf in pairs, judo or shooting sports. These specifications apply accordingly to sports offered in folk
high schools, dance and ballet schools.
Indoor sports facilities may be used by no more than two persons or by members of a common house-
hold at the same time. Extensive sports facilities or outdoor sports facilities such as sports fields, ath-
letics stadiums, tennis courts, golf courses or riding arenas may be used simultaneously by several
individuals engaged in sports. It must be ensured that there is no mixing of the individual groups of pe-
ople. The prerequisite for this is that the different groups of people do not share changing rooms and
sanitary facilities and do not meet each other in any other way, so that the distance rules are observed
in any case. Group training in game sports is explicitly excluded from this possibility.
Transport facilities for winter sports and ice rinks are closed. The operation of ice rinks in the open air
is permitted, provided that the appropriate hygiene rules are observed.
Personal training with a maximum of two persons is allowed. Sports facilities may also be used for this
purpose. Personal training in gyms is not allowed. Gyms and similar facilities are to be closed. Unless
medically necessary treatments take place there (e.g. rehabilitation sports, physiotherapeutic treat-
ments).
17In public, citizens can exercise either alone, with members of their own household and a maximum of
one other person not living in the household. This allows, for example, families to do sports together in
public space and to go for a bike ride. It is thus possible to engage in individual sports in public
spaces, i.e. on paths, waterways and public water areas, in the forest or in parks, such as jogging,
cycling or hiking. Riding, rowing, sailing, gliding and cross-country skiing, for example, are also pos-
sible in the sense of recreational sports activities in public spaces, provided that the other contact rest-
rictions are observed. The removal of sports equipment from sports facilities is permitted for this pur-
pose.
The movement of horses is also permitted on the sports facility in the interest of animal welfare, and
individual riding courses are also permitted. This does not include group events, competitions or simi-
lar. Riding outdoors is only permitted if the distance regulations are observed.
These regulations are to be understood in the sense of a health sport character.
Sporting activities are permitted without restriction for the purpose of preparing for and taking tests,
performance assessments and other examinations in training and courses of study in which sport is an
essential component, and for the purpose of school sport. Sports facilities may also be opened for this
purpose.
In all of the above cases, spectators are not permitted. Only absolutely necessary accompanying per-
sons, such as legal guardians, may attend.
Club rooms, meeting rooms at sports facilities and the like are generally closed. Club meeting rooms
may be opened for permissible events as defined in the Corona Contact and Operating Restrictions
Ordinance.
Rehabilitation sport in accordance with § 64 Abs. 1 No. 3 SGB IX as well as function training in ac-
cordance with § 64 Abs. 1 No. 4 SGB IX does not fall under the conditions of § 2 Abs. 2 CoKoBeV,
since it concerns medical measures, i.e. the offers may be made available also in (small) groups. It is
recommended to reduce the group to five persons plus the trainer. The wearing of a mouth-nose-
covering is strongly recommended as far as the offer does not take place in publicly accessible buil-
dings, in which a mouth-nose-covering obligation prevails. Furthermore, a hygiene concept must be
drawn up for safety reasons.
Swimming pools and bathing facilities near bodies of water
All swimming pools, open-air pools, bathing lakes, thermal baths, saunas and similar facilities have
been closed to the public since November 2. The holding of swimming courses and the training of
sports clubs in popular and recreational sports is prohibited. The use of swimming pools for the purpo-
ses of top and professional sports or school sports does not constitute public traffic and is permitted.
The same applies to rehabilitation sports and functional training as defined by SGB IX.
183. Retail outlets and similar establishments
Retail outlets shall be closed to the public. Exceptions are provided for the basic supply of the popula-
tion. In the case of mixed goods stores, the emphasis in the assortment is decisive. If it is predomi-
nantly a permitted assortment, the store may remain open overall and may sell goods of the entire
assortment. Otherwise, the store must close. The extension of the assortment beyond the basic
supply is not allowed. Current and spontaneous expansions of the product range to generate a new
sales focus constitute a circumvention of the existing prohibition and are therefore prohibited.
The opening of "Tafeln" and similar charitable institutions is permitted subject to compliance with hygi-
ene regulations.
The provision of pick-up and delivery services is expressly permitted in sales outlets closed to the
public. Orders can be placed by telephone, email or online. Goods may be picked up or delivered.
Goods may only be picked up if it is ensured that
o it is ensured that the goods are available without waiting time or the waiting places are
designed in such a way that a distance of at least 1.5 meters between the people coll-
ecting the goods can be guaranteed,
o suitable hygiene measures are taken and monitored, and
o notices are posted on the required distance and hygiene measures.
DIY stores may only be open to tradesmen and craftswomen working on a commercial basis. The
bringing in of other persons, for example to select tiles, is not permitted.
Sales outlets for cut and potted flowers and for flower arrangements and grave decorations may open
to the public.
Establishments closed to the public may still be entered for internal company purposes, such as inven-
tory or renovation.
Open to the public may, for example:
o Pick-up and delivery services
o alteration shops/tailors
o pharmacies
o opticians
o Out-of-home sales by restaurants (pick-up or delivery)
o Car rental / operation of car rental stations / car sharing
o Car service stations (see service stations)
o Baby stores
19o Banks and savings banks
o DIY stores, for tradesmen's purchases only
o Building materials stores, for commercial customers
o morticians
o Flower stores and flower stalls (also at weekly markets)
o Fuel trade (oil, pellets, etc.)
o Copy store (trade in goods is only permitted in connection with the provision of
these services).
o monument, facade and building cleaners
o Direct sales from food producers (e.g. fruit stands, self-pickers, fish-rei on public
and private waters. At public waters the sales area regulation is not to be obser-
ved)
o drugstores
o Bicycle repair shops incl. sale of spare parts
o delicatessen shops
o financial investment brokers
o florists
o photo studios
o Liberal professions
o Cemetery nurseries
o Feed trade
o Garden centers and nurseries, insofar as permissible product ranges predominate
o Stores of the food trade (e.g. bakeries, butchers, etc.)
o stores with specialized home improvement assortments such as paint or
stores specializing in flooring for the purchase of craftsmen and craftswomen only
o beverage stores
o Wholesalers
o Farm stores, farm-gate sales
o hearing aid acousticians
o real estate agents
o Internet cafés (trade in goods is permitted only in connection with the provision of
these services; the sale of food and beverages for on-site consumption is not per-
mitted)
o Hunting and fishing supplies
o Jewelers (repair only)
o Chimney sweep
o Motor vehicle sign services
o Car repair shops incl. sale of spare parts
o kiosks
o Agricultural trade with fertilizers and pesticides, seeds, agricultural machinery,
spare parts, etc.
o Food retail trade
o Specialty food stores such as wine stores, liquor stores, candy stores (for sale
only)
20o orthopedic technicians and orthopedic shoe technicians
o parcel stations, post offices
o Pawnshops (trading in goods is only permitted in connection with the provision of
these services, sales to third parties are only permitted on collection or delivery)
o Raiffeisen markets
o health food shops
o dry cleaners
o Travel stores in the non-accessible areas of airports behind security checkpoints,
provided that the focus is on permissible product ranges.
o travel agencies
o medical supply stores
o Service points of telecommunications companies (companies offering services
such as the conclusion of mobile phone and other telecommunications contracts
as well as repairs. Trade in goods is only permitted in connection with the provi-
sion of these services.
o Key services
o Shoe and key repair
o Troubleshooting services
o Solariums (the covering of the mouth and nose may be removed during use)
o Tobacco and e-cigarette shops
o Gas stations and rest stops on federal highways as well as freeway service sta-
tions (gas stations and gas station stores, sanitary facilities and take-away food)
o Gas stations and gas station shops
o Pet supplies
o Animal shelters, boarding kennels and commercial pet sitters (reducing (physical)
customer contact to the bare minimum and complying with all hygiene regulations)
o Transportation services of all kinds including cabs
o insurance intermediaries
o Betting offices exclusively for issuing and accepting gambling tickets and bets.
(The stay, for example to follow the games and events to which the bets relate, is
not permitted. The sale of food and beverages for consumption on site is not per-
mitted).
o weekly markets
o laundrettes
o dental technicians
o Newspaper and magazine sales
o Newspaper delivery
The consumption of food and beverages in the immediate vicinity of the point of sale, on heavily fre-
quented traffic routes, squares and open-air areas, in pedestrian zones and at traffic junctions where it
is obligatory to wear a mouth-nose covering is prohibited. Here it is not possible to ensure that the mi-
nimum distance of 1.5 meters from people in other households is maintained at all times. The con-
sumption of food and beverages of the food trade on site (e.g. in bakeries and butcher's shops) is not
permitted, cf. point 4 Restaurants and overnight accommodation.
21Hessian lottery administration (Lotto / Toto) sales points are open if they are part of a store or facility
open to the public.
Prohibited for the public traffic is for example:
o clothing stores
o nurseries
o bookstores, if the focus of the assortment is here
o Individual appointments in the prohibited retail trade
o Electrical retail (workshop, if any may open)
o Factory stores, beyond the permitted assortments
o Manufacturer direct sales centers
o Fairs and special markets
o Motor vehicle dealerships, including outside (except truck and commercial vehicle
dealerships) the purchase or pickup and delivery of all types of vehicles are still per-
mitted
o cosmetics stores / natural cosmetics shops
o mixed goods stores, the assortment of which is predominantly not permitted
o outlet centers, beyond the permitted assortments
o stationery shops
o toy trade
Sales outlets and similar establishments
Hygiene rules
Compliance with the minimum distance of 1.5 meters between persons must be ensured by suitable
measures, in particular by controlling the number of visitors, unless suitable separating devices are
available to maintain this distance; this means that each individual must keep a distance from other
persons, with the exception of members of a household and a maximum of one other person. . In addi-
tion, the organizer must design the spatial conditions in such a way that keeping the distance is also
possible,
Notices on the required distance and hygiene measures shall be prominently displayed.
No more than one customer per 10 square meters or part thereof shall be admitted to the first
800 square meters of sales area.
No more than one customer per 20 square meters or part thereof may be admitted to the sa-
les area exceeding 800 square meters.
Entry into the public area of stores is permitted only if for the entire duration of the
if the customer wears a mask covering his or her mouth and nose for the entire duration of the
visit. Any covering of the mouth and nose that can reduce the spread of the virus, e.g., any
virus, e.g., self-tailored masks, scarves, shawls (see attachment to the design notes).
22For shopping centers, the respective total sales area is decisive for the calculation of the permissible
number of customers. Sales personnel are not included in the calculation of the permissible number of
persons. The sales area or total sales area of shopping centers includes all areas accessible to the
public, such as aisles, staircases in salesrooms, checkout areas, vestibules and customer toilets (cf.
Section 11 (3) BauNVO). The sales area is to be distinguished from, for example, office and social
rooms, parking spaces for cars and storage areas. If sales are made from the warehouse or if the sa-
les area is also used for storage purposes, the storage area is to be counted towards the sales area.
Converted parking spaces (e.g. by erecting a sales tent at DIY stores, parking cars of a car dealership
for exhibition purposes) are also counted as sales spaces.
The obligation to wear a mouth-nose covering also applies in covered or covered shopping
streets of shopping centers, covered shopping arcades, at weekly markets, as well as in front
of the stores and in the associated parking areas.
Special and weekly markets
The holding of weekly markets remains permitted in their current composition. The holding of special
markets such as flea markets is prohibited. For reasons of practicability, there is no need to control
access due to the square meter regulation at weekly markets. For this reason, special attention is to
be paid to the observance of the distance and hygiene rules. Mouth-to-nose coverings must be worn
at all times.
On the traffic areas of weekly markets the consumption of food and beverages is basically forbidden.
When consuming food and beverages during breaks, vendors should withdraw to an area where there
is no direct contact with customers or colleagues.
234. Restaurants and overnight accommodation establishments
Restaurants Ice cream parlors, ice cream parlors and other trades may offer food and beverages for
pickup or delivery only. When food and beverages are picked up at restaurants and other busines-
ses, consumption in the immediate vicinity of the restaurant - as well as at retail establishments - is
prohibited.
Pick-up and delivery
Hygiene rules
Collection of food and beverages may only take place if
o it is ensured that the food and beverages are available without waiting time or the wai-
ting places are designed in such a way that a distance of at least 1.5 meters between
the persons picking up the food and beverages can be guaranteed,
o suitable hygiene measures are taken and monitored, and
o notices are posted on the required distance and hygiene measures.
Drive-in services are also included in the pick-up service, since in such cases the food is not consu-
med on site either.
Canteens and refectories are generally closed for on-site consumption. The taking of food and bevera-
ges is permitted. Mouth-to-nose coverings must be worn while in canteens or dining halls. Consump-
tion of food and beverages in the immediate vicinity of the point of sale is prohibited.
Canteens in facilities and companies where it is necessary to ensure organizational procedures (inclu-
ding occupational health and safety), in particular in hospitals, rehabilitation clinics and day clinics as
well as old people's and nursing homes (cf. Section 23 Para. 3 Sentence 1 No. 1, 3 and 5 as well as
Section 36 Para. 1 No. 2 IfSG), may also offer food and beverages for consumption on site for com-
pany employees. It must be ensured that the required minimum distance of 1.5 meters can be maintai-
ned, in particular through the spacing of the tables, if no suitable separating devices are available.
Service stations (service stations) and motorway service stations remain open in order to maintain the
supply of travellers and professional drivers.
Hierzu gehören insbesondere:
Bars
Pubs
Shisha-Bars
24Hotels and overnight accommodation
Overnight accommodations are allowed only for necessary purposes. Overnight accommodation for
tourist purposes is not allowed. This includes river cruise ships and rentals of vacation homes and
campsites. Bus tours for tourist purposes are also not permitted.
not be allowed. The personal use of vacation homes, apartments, caravans (also as so-called "perma-
nent campers") or similar is generally permitted.
Overnight stays for necessary purposes include, in particular, unpostponable professional or com-
pelling family obligations,
or compelling family obligations or personal requirements.
A necessary professional obligation is given if the personal participation on site is
is necessary for compelling professional reasons and it is not possible to use alternative means of
communication (telecommunication) or to have a representative attend the event. This includes
in particular the participation in measures of animal disease prevention and control.
A compelling family obligation is given if health reasons require the personal presence. This includes,
in particular, gatherings of family members and their permanent partners in connection with births, ne-
cessary care, palliative treatments, deaths and funeral services or burials.
(Round) birthdays, weddings and other festive occasions (e.g. anniversaries, school enrollments,
celebrations with a religious background) do not constitute family obligations that constitute a
necessary purpose.
Personal requirements represent, for example, medical reasons that cannot be postponed. It
recommended to have such a requirement confirmed by the attending physician by means of a certifi-
cate.
certificate.
Establishments and persons offering overnight accommodation for necessary purposes must seriously
check whether there are any signs of misrepresentation. If there are reasonable doubts, the overnight
stay must be refused.
The permissible offer of overnight accommodation also includes hospitality and catering for
guests.
255. Universities, vocational academies and academies of music.
§ Section 1, Section 1a and Section 5a together form the framework for the operation of higher educa-
tion institutions, vocational academies and music academies and non-university research institutions
and in teaching for Hesse's hybrid semester concept for the 2020/2021 winter semester. The higher
education institutions have drawn up concepts to ensure that courses are offered and teaching conti-
nues during the winter semester. The concept includes a priority of online teaching and provides for
justified exceptions, such as in particular practical events, laboratory activities, internships, practical
and artistic training sections and examinations). This will be continued. The regional particularities of
the pandemic situation are taken into account by the local universities. They can therefore immediately
convert events to digital formats or create follow-up or transitional arrangements.
The main requirements for the hygiene protection concepts of the scientific institutions are as follows
Exception to contact restriction,
Minimum distance of 1.5m,
Mouth-to-nose covering requirement,
contact trapping.
In the operation of universities, vocational and music academies and non-university research instituti-
ons, the contact restriction of § 1 para. 1 sentence 1 does not apply, provided that this operation is ba-
sed on a comprehensive distance and hygiene concept (§ 1 para. 2 no. 2). This exception from the
contact restriction corresponds to the experience that the operation of the above-mentioned science
facilities can be organized in the vast majority of areas in conformity with the infectiological require-
ments of a pandemic. The testing and approval within the institution is carried out by the hygiene con-
cept. This must be prepared in writing by the university, vocational college or music academy. It must
also include a responsible person. The recommendations of the Ro-bert-Koch-Institute for hygiene are
to be observed wherever possible. This also includes ventilation requirements. This regulation is flan-
ked by an instruction from the ministry responsible for the subject, which stipulates, among other
things, that every state scientific institution must appoint a central contact person for the local health
authority.
Areas in which the hygiene rules cannot be easily observed (e.g. sports, refectories) are regulated se-
parately in the ordinance. The pandemic-related occupational health and safety requirements were not
to be regulated in the ordinance, as these are considered federal law. They must be taken into ac-
count in hygiene concepts wherever employees are deployed. This means that hygiene concepts in
these cases must be preceded by a risk assessment.
The contact restriction of § 1 Para. 1 Sentence 1 also does not apply to examinations within the
named scientific institutions (§ 1 Para. 2 No. 3). The term "examination" also includes all assessment
examinations prior to admission to a course of study. This exception from the contact restriction is jus-
tified, since examinations can be organized in conformity with the infectiological requirements of a
pandemic. This applies to all forms of examinations. The necessary adjustments are to be made in the
hygiene concepts and, if necessary, by resolutions of the examination boards, as far as this is possible
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