Editor’s Note: Currently, the official translation is being worked by the Bavaria Legal Office. Once it is available, it will be posted to the 7th Army Training Command COVID-19 Portal: https://www.7atc.army.mil/COVID-19/
Bavarian Coat of Arms
Bavarian State Chancellery Press Release
MUNICH — Incidence will be replaced by hospital traffic lights as an indicator / Basically 3G principle indoors / Medical mask will be the new mask standard.
The fourth wave of the corona pandemic is reaching the Free State. However, different prerequisites and framework conditions now apply: Because vaccination works. Around 65% of the citizens of Bavaria over the age of 12 have had themselves fully vaccinated and protect themselves and the people around them as best as possible from the corona virus and COVID-19 disease. You have made a significant contribution to ensuring that this wave can be milder. The Bavarian State Government expressly thanks the citizens for this. At the same time, there is enough vaccine available so that anyone who has not yet been vaccinated can immediately accept a vaccination offer.
These new prerequisites enable new action in the fight against pandemics: Restrictions on private and public life no longer have to be made dependent on pure infection incidence values. The advanced vaccination campaign makes it possible to focus primarily on the burden on the health and hospital system with new headline indicators from a hospital traffic light. We will simplify previous restrictions and remove detailed regulations as far as possible. The basis for openings remains the 3G principle with freedom for vaccinated, convalescent and tested people. Against this background, the state government decides:
- A new, 14th Bavarian Infection Protection Measures Ordinance will be issued, which will come into force on September 2nd and apply up to and including October 1st (Friday).
- The 7-day incidence of infection, which has hitherto been the dominant criterion in combating pandemics, is being replaced. With it, all previously incidence-dependent regulations no longer apply. Only for the use of 3G (from an incidence of 35 as the starting point) does the 7-day incidence of infection remain relevant.
- The 7-day incidence of infection is replaced by a new hospital traffic light as an indicator of the burden on the health system.
- The yellow level is reached as soon as more than 1,200 patients with COVID-19 disease had to be admitted to hospitals across Bavaria within the last 7 days. This corresponds to a Bavaria-wide hospitalization incidence of 9.13 per 100,000 inhabitants. As soon as the yellow level is reached, the state government decides further measures, for example:
(1) Raising the mask standard to FFP2.
(2) Contact Restrictions.
(3) Requirement to submit a PCR test as evidence of the test (except in school).
(4) Maximum persons for public and private events.
- The red level is reached as soon as more than 600 patients with COVID-19 disease are in the Bavarian intensive care units (the figures from the DIVI intensive care register are decisive). As soon as the red level is reached, the state government will immediately take further measures in addition to the regulations already in place for the yellow level in order to prevent the then acute threat of overloading the health system.
- From a 7-day incidence of infection of over 35 in the district or in the district-free city, the 3G principle applies across the board: Therefore, only those who have been vaccinated, who have recovered or who are currently being tested have personal access. This applies to public and private institutions, events, sports facilities, fitness studios, the entire culture, theaters, cinemas, museums, memorials, gastronomy, accommodation, universities, hospitals, libraries and archives, extracurricular educational offers such as music schools and adult education, as well as leisure facilities Baths, thermal baths, saunas, cable cars and excursion boats, casinos, tourist coach traffic and the like. There are exceptions for children who have not yet started school. Students are considered tested in view of the regular tests at school.In old people’s and nursing homes, at trade fairs and at larger events for over 1,000 people, 3G applies regardless of the incidence, both indoors and outdoors.Excluded from the 3G principle are private rooms, retail, public transport, events exclusively in the open air for up to 1,000 people, church services and meetings within the meaning of Article 8 of the Basic Law. The already known special regulations apply to schools and day-care centers.The operator must monitor compliance with the 3G rules. Guests and visitors as well as operators who do not adhere to them must expect a fine.
- The FFP2 mask requirement does not apply. The medical mask (“surgical mask”) is the new mask standard. In addition, the following will be differentiated everywhere in the future:
- In the future there will generally no longer be a mask requirement in the open air. The only exceptions are the entrance and meeting areas of larger events (from 1,000 people).
- In closed rooms, the reverse applies in a general mask requirement. This does not apply to private rooms, as well as space in restaurants and any permanent seating or standing space, if it reliably maintains a minimum distance of 1.5 m from other permanent spaces that are not occupied by their own household members. As before, the health and safety regulations also apply to employees.
- In public transport and long-distance traffic, the mask requirement (in future surgical mask) applies without exception. Special regulations apply in schools and day care centers as well as old people’s and nursing homes.
- The general contact restrictions are no longer applicable.
- The previous upper limits for private and public events are no longer applicable. The following applies to the following events (sport, culture, congresses, etc.):
- Up to 5,000 people can use 100% of the capacity.
- For the part exceeding 5,000 people, 50% of the additional capacity of the venue may be used.
- A maximum of 25,000 people are allowed. This corresponds to the resolution of the Federal Chancellor and the heads of government of the federal states of August 10, 2021.
- Unlimited standing spaces may also be allocated within this framework.
- If the minimum indoor distance is not reached, according to the general rules, there is a permanent mask requirement, which must be guaranteed by the organizer. There will therefore also be a fine for the organizers and participants.
- For events of 1,000 people or more, the organizer must not only develop and observe an infection protection concept, but also submit it to the district administrative authority in advance for review.
- The primary goal for the school is classroom teaching. The following applies here:
- Regulations on alternating lessons with an incidence of 100 or more will be deleted without replacement.
- At the start of lessons in the new school year 2021/2022 (September 14), a special protective measure that is incidence-independent until further notice applies – even after you have taken up your seat or work station. As before, cloth masks can be used at primary school level, while teachers and students from grade 5 are required to wear a medical face mask.
- The tests in schools will be expanded again: In the elementary school level as well as at special schools with a focus on mental development, physical and motor development as well as vision – as soon as the organizational prerequisites have been created – a PCR pool test (” Lollitest ”), as well as a self-test carried out three times a week at secondary schools. That means: until the lollipop tests are available in the primary school, tests will also be carried out there three times a week.
- In the interest of the most reliable classroom instruction possible and to ensure that the children are looked after in the day-care centers, the quarantine order for contact persons is to be restricted to as few cases as possible. If there is a case of infection in the class, unlike in the past, quarantine should not always be set for the entire class, but quarantine with a sense of proportion. It is then to be limited to the pupils who had direct and unprotected close contact with the sick pupil, and if the PCR test is negative, it can also end again quickly after five days. The health department decides on a case-by-case basis. With the correct use of air purification devices, there is even no need to quarantine the other students at all. Daily tests can be carried out for the other students in the class for a certain period of time.
- Finally, as part of the adapted STIKO vaccination recommendation for children and adolescents, a corona vaccination can also be offered and carried out during class time.
- In addition to school operations, ensuring regular operations in the childcare facilities has top priority. The regulations on limited regular operation from an incidence of 100 are also deleted here without replacement. The offer of twice-weekly tests for supervised children is an important component in detecting corona infections at an early stage. This is why the tried and tested test concept with authorization certificates will also be continued in the new daycare year 2021/2022 until the end of 2021 in cooperation with the pharmacies. Here, too, in the event of an infection, quarantine will only take place with a sense of proportion, taking into account the interests of the children and childcare facilities.
- The general regulations on 3G and mask compulsory apply to universities. This means that face-to-face teaching will again be comprehensively possible for the coming semester. However, according to general rules, it is mandatory to wear a mask at the seat if the distance of 1.5 m is not maintained in the lecture halls. Tests will continue to be provided free of charge to students with student IDs.
- Worship services and meetings in door according to Art. 8 GG can in future be carried out without the previous restrictions on the number of people if only vaccinated, convalescent or tested people take part (3G). Otherwise, the previous restrictions on space remain. In future, the mask requirement will be based on the new general rules (this means that FFP2 is no longer applicable). The ban on singing in worship from incidence 100 and above, as well as the previous ban on major religious events, is no longer applicable.
- The previous corona-related curfew (previously 1 hour) is no longer applicable in the catering trade. Incidentally, the general regulations on 3G and mask requirements will also apply here in the future.
- In the area of accommodation, the previous restrictions, according to which rooms may only be allocated within the framework of the contact restrictions, no longer apply. In the context of 3G, it is sufficient here if the test is presented on arrival as before and every 72 hours thereafter. In addition, the general regulations apply, in particular to the mask requirement.
- In trade, services and leisure facilities, the previous square meter customer or visitor restrictions no longer apply. The mask requirement is based on the general basic rule.
- As in retail, there is no area-dependent visitor limit at trade fairs. Instead, a new daily visitor limit of 50,000 people will be introduced. 3G always applies. The mask requirement is based on the general basic rule.
- Folk festivals (“public festivities”) are prohibited. For alternative events that remain possible by way of individual exceptions, 3G applies regardless of the incidence.
- There are plans to reopen clubs and discos with a safety margin in mind from the beginning of October with a view to returning travelers from the holidays. Access should then only be possible for vaccinated and convalescent people as well as for those tested with a PCR test.
- The regulation will be fundamentally simplified and streamlined. The special provisions on assemblies according to Article 8 of the Basic Law, company accommodation, extracurricular education, libraries, archives and the examination system, which will be dispensable due to the future generally applicable regulations on 3G and the mask requirement, are no longer applicable. The need for specific infection protection concepts in the areas in which they existed so far, as well as the ban on alcohol on public traffic areas and sports facilities, will remain unchanged.
- The State Ministry of Health and Care will now make the necessary changes to the law and adjust the associated catalog of fines.