TRANSLATION FROM THE GERMAN LANGUAGE

Bavarian Ministerial Gazette – Bayerisches Ministerialblatt

BayMBl. 2020 No. 240 5 May 2020

2126-1-8-G

Fourth Bavarian Ordinance on Protective Measures Against Infectious Diseases

Vierte Bayerische Infektionsschutzmaßnahmenverordnung [4. BayIfSMV]

dated 5 May 2020

Pursuant to § 32 sent 1 of the Law on Protection Against Infectious Diseases [Infektionsschutz-

gesetz/IfSG] dated 20 July 2000 (Federal Law Gazette I p. 1045), last amended by Art. 1, 2 and 3 of the

Law dated 27 March 2020 (Federal Law Gazette I p. 587) in conjunction with § 9 No. 5 of the Delegation

Ordinance [Delegationsverordnung/DelV] dated 28 Jan 2014 (Federal Law Gazette p. 22, Compilation of

Bavarian Laws 103- 2-V), last amended by Ordinance dated 13 Jan 2020 (Bavarian GOV Gazette p.

11), the Bavarian State Ministry for Health and Care decrees the following:

Part I

General Provisions

§ 1 General Distancing Requirement, Mouth-Nose Coverings

(1) Every individual is required to reduce all physical contacts with other persons, except for family members living in the same household, to the absolute minimum extent possible. Wherever possible, a minimum distance of 1.5m [4.9 feet] must be maintained between two individuals. (2) Insofar as provided in this ordinance on mouth-nose coverings (duty to wear mask), the following applies:

1. Children under 6 years of age are exempt for wearing such coverings.

2. Persons are exempt who can credibly substantiate that it is impossible or unreasonable for them to wear a mouth-nose covering due to disability or health reasons.

3. Removal of the mouth-nose covering is permissible for identification purposes or communication with hearing-impaired persons.

Part 2 General Contact Restrictions

§ 2

Contact Restrictions in Public Areas

(1) The presence of several individuals in a public area should be so arranged that the group at most consists of members living in the same household, spouses, life partners, non-marital partners, direct relatives, siblings, and one other person.

(2) Partying and barbecuing in public squares and parks is prohibited, irrespective of who is present.

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(3) Para (1) does not apply to professional and official activities which require the gathering or cooperation of several persons.

§ 3 Contact Restrictions in Private Areas, Babysitting

The participants of a gathering in privately used spaces and on private property may only consists of members living in the same household, spouses, life partners, non-marital partners, direct relatives, siblings, and one other person. Deviating from sentence 1, the reciprocal, free of charge, non-professional babysitting of minors in fixed childcare groups organized by families or neighbors is permitted if the children come from a maximum of three households. § 4 remains unaffected thereby.

§ 4

Special Bans on Visits

(1) Visits to the following are prohibited:

1. Hospitals as well as preventive and rehabilitation facilities which offer equivalent medical care (facilities IAW Section 23 Paragraph (3) Numbers 1 and 3, IfSG); except for obstetric and pediatric wards for close relatives, and palliative wards and hospices.

2. Inpatient care facilities within the meaning of §71 Paragraph (2) of the Eleventh Book of the Social Code [SGB XI].

3. Facilities for disabled persons within the meaning of Section 2 Paragraph (21) of the Ninth Book of the Social Code [SGB IX] where integration assistance is provided day and night.

4. Outpatient assisted living communities within the meaning of § 2 Paragraph (3) of the Law on Nursing and Living Quality Act [Pflegewohnqualitätsgesetz/PfleWoqG] for the provision of outpatient intensive care [IntensivpflegeWGs] in which outpatient nursing services are provided IAW Section 23 Paragraph (6a) IfSG.

5. Elder-Homes and residential homes for senior citizens.

(2) Notwithstanding para (1), each patient or resident may be visited once a day by one person from the group of family members outlined in § 3 sent. 1. Regarding minors, either parents or guardians may visit jointly [together], or another specific [permanent, fixed] person during scheduled visitation hours. All visitors must be registered by name with the facility.

(3) Accompanying dying persons by closest relatives is permitted at any time, notwithstanding paras 1 and 2.

Part 3

Public Life

§ 5

Ban on Events, Assemblies and Gatherings

Apart from more specific rules set forth in this Ordinance, events, assemblies and gatherings are prohibited Bavaria-wide. Exemptions can be issued on request by the responsible district administrative authority, as long as the individual case is reasonable from an infection control perspective.

§ 6

Worship Services, Gatherings of Religious Communities

Publicly accessible worship services in churches, synagogues and mosques as well as gatherings of other religious communities are permitted in deviation of § 1 para. (1) under the following conditions:

1. For worship services and gatherings

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(a) If held in buildings, the maximum number of participants depends on the number of available seats; whereby a minimum distance of 2 meters between each seat must be maintained; and the minimum distance of 2 meters must be maintained between each participant.

(b) If held outdoors, the maximum number of participants is 50, and the minimum distance of 1.5m must be observed.

2. All participants must wear mouth-nose coverings; except for liturgical readings and preaching.

3 The worship service or gathering is limited to a maximum of 60 minutes.

4. There must be a protection plan for worship services or gatherings to minimize possible infection for the religious community and rite. The religious community must be able to present such a protection plan to the responsible district administrative authorities on demand. The responsible district administrative authorities may issue supplemental directives if so required for reasons of infection control.

§ 5 sent. 2 applies accordingly.

§ 7 Gatherings IAW the Bavarian Public Assembly Act

Public gatherings within the meaning of the Bavarian Public Assembly Act are permitted under the following prerequisites:

1. The number of participants is limited to a maximum of 50.

2. A minimum distance of 1.5m must always be maintained between all participants and any physical contact among participants or third parties should be avoided, which also includes that no flyers or other items may be distributed.

3. The assembly takes place exclusively outdoors and at a fixed location.

4. The duration of the assembly is limited to a maximum of 60 minutes.

5. The same organizer or the same assembly participants will hold a maximum of one assembly per calendar day.

§ 5 sent. 2 applies accordingly.

§ 8

Local Public Transport, School Transport

Persons must wear mouth-nose coverings when using local public transport as well as the associated buildings and bus shelters. The foregoing sentence 1 also applies to cost-free school bus transport.

Part 4

Sports, Games, Leisure Time

§ 9

Sports (1) The operation of sports halls, sports fields, sports grounds and sports facilities and their use

is strictly prohibited. Training activities for individual sports as popular and recreational sports can be started under the following conditions:

1. Outdoor exercise in public spaces or on public or private outdoors sports facilities or in riding-halls.

2. Compliance with the restrictions outlined under § 1 para. 1.

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3. Exercise alone or in smaller groups of up to five persons.

4. Exercise without physical touch.

5. No use of changing rooms.

6. Strict adherence to hygiene or disinfectant measures, especially when sharing sports equipment.

7. No use of wet areas, the opening of separate toilet facilities is possible.

8. Avoid forming waiting lines at facility entrances.

9. No use of social and community rooms in sports facilities. Entering a facility exclusively for the purpose of fetching or returning the required sports equipment mandatory for a respective sport is permitted.

10. No special endangerment of vulnerable persons due to the start of the training practice,

and

11. No spectators.

(2) Operation for training purposes by professional athletes and by athletes of the federal and

state Olympic and Paralympic teams is permitted, provided that the training sessions will be performed in compliance with the prerequisites set forth under para 1 sent. 2 No. 5 thru 11. Training sessions may only be performed by the individual, by two persons or in smaller groups up to five persons.

§ 10

Playgrounds

(1) Outdoor playgrounds are only open to children who are accompanied by an adult. The accompanying adults are required to avoid any type of gatherings and, wherever possible, ensure the physical distancing of the children.

(2) The police and municipal security authorities are required to close overcrowded playgrounds temporarily or partially.

§ 11

Recreational Facilities

Club houses, conference and events sites, clubs, discotheques, swimming pools, thermal spas, wellness centers, saunas, youth centers, amusement parks, city tours, fitness studios, dance schools, gambling halls, brothels and comparable recreational facilities remain closed. Bus vacation tours are also prohibited. Sent 3 does not apply for the conduct of final exams IAW § 15 and for advanced and continuing education IAW § 16 para 3.

Part 5

Economy

§ 12

Trade and Service Industry

(1) For wholesale and retail businesses with customer traffic, the following applies:

1. The operator must take suitable measures to ensure that a minimum physical distance of 1.5m between the customers can be maintained.

2. The operator must take appropriate measures to ensure that the number of customers present in the retail store never exceeds one customer per 20 square meters of sales area.

3. Mouth-nose coverings are mandatory for staff, customers and accompanying persons.

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4. The operator must develop a protection and hygiene concept and, if a customer parking lot is

available, also a parking concept. Said plan(s) must be presented to the responsible district administrative authority upon request.

For shopping centers, the following applies:

1. For individual retail shops, sent. 1 applies.

2. For connecting passageways for customers, the following applies: a) Sentence 1 applies with the proviso that the protection and hygiene plan as well as parking

plan must take into account the total flow of customers within the shopping area.

b) No lounge areas may be offered.

Sentence 1 Nos. 3 and 4 applies accordingly to booths and stands on open markets

(2) For service establishments with customers, para 1 sent. 1 Nos. 1, 3, and 4 apply accordingly, with the proviso that the duty to wear a facial cover is inapplicable if the type of provided service does not allow such wearing of a facial cover.

(3) In medical and dental practices and all other type of other practices where medical, therapeutic and healthcare services are provided, para 1 sent. 1 Nos. 1 and 3 apply accordingly, with the proviso that the duty to wear a facial cover is inapplicable if the type of service provided does not allow such wearing of a facial cover. Further obligations to wear medical face protection masks remains unaffected hereby.

(4) The competent district administrative authorities can issue additional orders in individual cases, if this is necessary for infection control purposes.

§ 13 Hospitality Establishments

Prohibited are all types of hospitality establishments. Exempt are:

1. The pick-up or delivery of take-outs and beverages. 2. Company dining facilities and school cafeterias not open to the public if it is ensured that the 1.5m minimum physical distance is maintained between the guests. For instances covered under sent. 1 No. 2, the operator has to prepare a protection and hygiene plan which must be presented to the responsible district administrative authorities on demand. § 12 para 4 applies accordingly.

§ 14 Hotel Industry

(1) The operation of hotels, accommodation facilities, school camps, youth hostels and the provision of any type of lodging is prohibited, unless otherwise provided under para. 2. In particular, no overnight lodging may be made available for private tourists.

(2) The following lodging is permitted:

1. for business travelers. 2. in establishments for seminars and education, dormitories and comparable facilities for the purpose of advanced and continuing education, and 3. for private travelers if their stay is not for tourist reasons.

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Part 6 Education and Culture

§ 15

Examinations

The taking of exams is only permitted if there a constant minimum physical distance of 1.5m

is maintained at all times. Spectators who are not part of the examination are not permitted. § 5

sent. 1 applies accordingly.

§ 16

Vocational Training and Continuing Education

(1) Adult education within the meaning of Art. 1 of the Bavarian Adult Education Promotion

Act may not be conducted as a face-to-face event.

(2) Music schools may only offer individual lessons. Thereby a minimum physical distance of 1.5m must be maintained. Sent. 1 and 2 apply accordingly to music lessons outside of school buildings.

(3) Vocational training and continuing education is only permitted if there is a minimum

physical distance of 1.5m between all participants. § 5 sent. 2 applies accordingly.

§ 17 Driving Schools

For theoretical driving instructions and theoretical driving tests to obtain a driver’s license for the first-time, § 15 applies accordingly. Practical driving school lessons and practical driving tests are only permitted for a maximum of 60 minutes each; all participants have to wear mouth-nose coverings. Training courses for recertification or driver fitness seminars for the holder of the driver’s license will not take place.

§ 18 Universities

At present, there are no face-to-face events in any Bavarian universities. It is permitted to hold final exams as well as practical events requiring special laboratory or work areas at universities in deviation from sentence 1, however, the minimum physical distancing of 1.5m must be observed by all participants.

§ 19

Libraries, Archives

In public libraries, including lending and university libraries as well as state archives, no more

than one visitor per 20 square meters of accessible library or archive space may be admitted.

§ 20 Cultural Venues

(1) Museums, exhibitions, memorial sites and outdoor areas of animal parks and botanical

gardens can open under the following conditions: 1. No food or beverages may be offered. 2. Admission of no more than one visitor per 20 square meters of accessible area is permitted. 3. The operator has to prepare a protection and hygiene plan and a parking plan if available, to the district administrative authorities on demand. § 12 para 4 applies accordingly.

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(2) Theater and movie theaters are closed. Exceptions may be granted for open-air showings by the responsible district administrative authorities if justifiable from an infection control perspective.

Part 7 Final Provisions

§ 21

Administrative Offenses

A willfully or negligently committed infringement constitutes an administrative offense IAW § 73 para. (1a) No. 24 IfSG:

1. Punishable under § 2 para. 1 or § 3 for gathering with other persons in a public area.

2. Punishable under § 2 para. 2 for partying or BBQing in public areas or parks.

3. Punishable under § 3 for hosting persons in private space or visiting other persons.

4. Punishable under § 4 para. 1 for visiting one of the mentioned facilities.

5. Punishable under § 2 para. 4 for failing, as visitor of such a facility, to wear a mouth-nose covering.

6. Punishable under § 4 para. 2 for failing, as operator of a facility, to present a protection and hygiene

plan.

7. Punishable under § 5 sent 1 or § 7 for organizing or participating in an event or gathering.

8. Punishable under § 8 for failing to wear a mouth-nose covering.

9. Punishable under § 9 for operating or using a gym, sports field, sports grounds, sports facility.

10. Punishable under § 11 for operating establishments conducting tourist bus trips.

11. Punishable under § 12 para. 1

(a) For the operator of a retail store: (aa) For failure to ensure that the minimum physical distancing requirement is maintained and that the number of patrons present in the store at the same time does not exceed one patron per 20 square meters. (bb) For failure to ensure that there is never more than one customer per 20 square meters present in the store. (cc) For failure to ensure that the staff wear mouth-nose coverings, or (dd) For inability to present a protection and hygiene plan or a parking plan.

(b) For the operator of sales booth or stand at a market: (aa) For failure to ensure that the staff wear mouth-nose coverings, or (bb) For inability to present a protection and hygiene plan or a parking plan.

(c) For the operator of a shopping mall: (aa) For failure to ensure that the minimum physical distancing requirement can be maintained in the connecting customer passageways. (bb) For failure to ensure that there is never more than one customer per 20 square meters present in the connecting passageways.

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(cc) For failure to ensure that the staff wear mouth-nose coverings, or (dd) For inability to present a protection and hygiene plan or a parking plan. (ee) For making lounge areas available.

12. Punishable under § 12 para. 2 as responsible service provider:

a) For failure to ensure that, on principle, the statutory minimum physical distance can be

maintained.

b)Failure to ensure that the staff complies with the duty to wear mouth-nose covering, OR

c) For inability to present a protection and hygiene plan or a parking plan.

13. Punishable under § 12 para. 3, as operator of a practice: a) Failure to ensure that the statutory minimum distance can be maintained, or b) Failure to ensure that the staff wear mouth-nose coverings,

14. Punishable under § 12, failure of customer or accompanying person of one of the itemized

stores, sales points, service providing establishments or practices to wear a mouth-nose covering.

15. Punishable under § 13 for operating a food service operation.

16. Punishable under § 14 for operating hotels or lodgings for tourist purposes or making lodgings available.

17. Punishable under § 15 for failure that minimum distancing is maintained during final exams or

allowing access to spectators who are not part of the examination staff.

18. Punishable under § 16 for operating adult education facilities, music schools or professional vocational training and continuing education sites or gives private music lessons.

19. Punishable under § 17 for conducting driving school lessons

20. Punishable under § 20 para 1 as operator of a cultural venue:

a) For offering food or beverages b) Failure to ensure that the number of visitors does not exceed one visitor each per 20 square

meters of accessible area. c) Inability to present a protection and hygiene plan or parking plan.

§ 22

Local Measures

Further directives by local health authorities remain unaffected hereby.

§ 23

Modification of Ordinance on Quarantine for Inbound Travelers

(1) § 4 of the Ordinance on Quarantine for Inbound Travelers [Einreise-Quarantäneverordnung/EGV] dated 9 April 2020 (Bavarian Ministerial Gazette p. 209, Bavarian Ministerial Gazette No. 192, Compilation of Bavarian Laws 2126-1-6-G), last amended by § 11 of the Ordinance dated 1 May 2020 (Bavarian Gazette p. 239, Bavarian Ministerial Gazette No. 205) is modified in that the date “10 May 2020” is replaced by “17 May 2020”.

(2) The Third Bavarian Ordinance on Protective Measures Against Infectious Diseases dated 1 May 2020 (Bavarian Gazette p. 239, BayRS 2126-1-7-G) is changed as follows:

1. § 4 is modified as follows:

a) Para 1 sent. 2: The words “sports fields and playgrounds” are replaced by the word “sports fields”.

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b) Para 5 sent 3 is defined as follows:

For service providers with customer service para 4 sent. 1 Nos. 3 to 5 and Sent. 2 is applicable with the proviso that mouth-nose coverings do not have to be worn if the type of service provided does not allow for such facial covering.

2. § 7 is defined as follows:

Ҥ 7 Contact Restrictions in Public Areas

(1) The presence of several individuals in a public area should be so designed that the group at most consists of members living in the same household, spouses, life partners, non-marital partners, direct relatives, siblings, and one other person.

(2) Partying and barbecuing in public squares and parks is prohibited, irrespective of who is present.

(3) Para (1) does not apply to professional and official activities which require the gathering or cooperation of several persons.” 3. The following §§ 7a and 7b are added:

Ҥ 7a Contact Restrictions in Private Areas

The group of participants in a gathering in privately used rooms and on private premises may only consists of members living in the same household, spouses, life partners, non-marital partners, direct relatives, siblings, and one other person. Deviating from sentence 1, the reciprocal, free of charge, non-professional babysitting of minors in fixed childcare groups organized by families or neighbors is permitted if the children come from a maximum of three households. § 5 remains unaffected thereby.

Ҥ 7b Playgrounds

(1) Outdoor playgrounds are only open to children who are accompanied by an adult. The accompanying adults are required to avoid any type of gatherings and, wherever possible, ensure the physical distancing of the children.

(2) The police and municipal security authorities are required to close overcrowded playgrounds temporarily in full or partially.” 4. § 9 is modified as follows: a) No. 6 is defined as follows: “6. In violation of § 4 para 5.

a) For failure, as responsible service provider, to ensure that the staff wears mouth-nose coverings, or the inability to present a protection and hygiene plan or parking plan.

b) For failure, as customer, to wear a mouth-nose covering.”

b) Numbers 8 and 9 are defined as follows: “8. In violation of § 7 para 1 for being present in a public area. 9. In violation of § 7 para 2 for partying or barbecuing in public areas or parks.”

c) Numbers 10 and 11 were added:

“10. In violation of § 7a for receiving persons in private rooms or visiting other persons.

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11. In violation of § 8 for failure to wear mouth-nose covering.” (3) The Third Bavarian Ordinance on Protective Measures Against Infectious Diseases dated 1

May 2020 (Bavarian Gazette p. 239, BayRS 2126-1-7-G), last amended by § 23 pra 2 of this Ordinance, is changed as follows:

1. The wording in para. 1.

2. Para 2 is added as follows: “(2) Notwithstanding para (1), each patient or resident may be visited once a day by one person from the group of family members outlined in § 3 sent. 1. For visits to minors, both parents or guardians jointly, or another specific person during scheduled visitation hours. All visitors must be registered by name with the facility. Additional exemptions to para. 1 sent. 1 are visitors for medical, legal or pastoral purposes of for the provision of other services. Such visits require prior approval by the management of the facility. Mouth-nose coverings must be worn by the visitors, and the physical distancing of 1.5m must be maintained if possible. A protection and hygiene plan must be prepared and presented to the district administrative authorities on demand. The responsible district administrative authorities can issue additional directives in individual cases if so required from an infection control perspective.”

§ 24 Entry into Force, Expiration

This Ordinance becomes legally effective on 11 May 2020 and will expire on 17 May 2020. Notwithstanding sentence 1, § 23 para 1 and 2 become legally effective on 6 May 2020 and § 23 para. 3 on 9 May 2020.

Munich, 5 May 2020

Bayerisches Staatsministerium für Gesundheit und Pflege Bavarian State Ministry of Health and Care

Melanie Huml, Minister of State

END OF TRANSLATION

FOR THE TRANSLATION: Brigitte Klose, court-certified translator 7th Army Training Command, OSJA, International Law, Ansbach Law Center Member of American and German Translator Associations [ATA & BDÜ] DATE: 6 May 2020

TRANSLATION FROM THE GERMAN LANGUAGE

Bavarian Ministerial Gazette – Bayerisches Ministerialblatt

BayMBl. 2020 No. 247 7 May 2020

2126-1-7-G, 2126-1-8-G

Ordinance Amending the Third Bavarian Ordinance on Protective Measures Against Infectious Diseases and

Fourth Bavarian Ordinance on Protective Measures Against Infectious Diseases Verordnung zur Änderung der Dritten Bayerischen Infektionsschutzmaßnahmenverordnung und

Vierten Bayerischen Infektionsschutzmaßnahmenverordnun

dated 7 May 2020

Pursuant to § 32 sent 1 of the Law on Protection Against Infectious Diseases [Infektionsschutz-

gesetz/IfSG] dated 20 July 2000 (Federal Law Gazette I p. 1045), last amended by Art. 1, 2 and 3 of the

Law dated 27 March 2020 (Federal Law Gazette I p. 587) in conjunction with § 9 No. 5 of the Delegation

Ordinance [Delegationsverordnung/DelV] dated 28 Jan 2014 (Federal Law Gazette p. 22, Compilation of

Bavarian Laws 103- 2-V), last amended by Ordinance dated 13 Jan 2020 (Bavarian GOV Gazette p.

11), the Bavarian State Ministry for Health and Care decrees the following:

§ 1

Amending the Third Bavarian Ordinance on Protective Measures Against Infectious Diseases

The Third Bavarian Ordinance on Protective Measures Against Infectious Diseases [3. BayIfSMV] dated 1 May 2020 (Bavarian Ministerial Gazette No. 229, Compilation of Bavarian Laws 2126-1-7-G), amended by § 23 paras 2 and 3 of the Ordinance dated 5 May 2020 (Bavarian Ministerial Gazette Nos. 240, 245), is hereby amended as follows:

1. § 7 para. (1) is reworded as follows: The words “one other person” is replaced by the words “members of another household”.

2. § 7a sent. 1 is reworded as follows: The words “one other person” is replaced by the words “members of another household”.

§ 2

Amending the Fourth Bavarian Ordinance on Protective Measures Against Infectious Diseases

The Fourth Bavarian Ordinance on Protective Measures Against Infectious Diseases [4. BayIfSMV] dated 5 May 2020 (Bavarian Ministerial Gazette No. 240, 245, Compilation of Bavarian Laws 2126-1-8-G), is hereby amended as follows:

1. § 2 para. (1) is reworded as follows: The words “one other person” is replaced by the words “members of another household”.

2. § 3 sent. 1 is reworded as follows: The words “one other person” is replaced by the words “members of another household”.

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§ 24 Entry into Force, Expiration

This Ordinance becomes legally effective on 8 May 2020.

Munich, 7 May 2020

Bayerisches Staatsministerium für Gesundheit und Pflege Bavarian State Ministry of Health and Care

Melanie Huml, Minister of State

END OF TRANSLATION

FOR THE TRANSLATION: Brigitte Klose, court-certified translator 7th Army Training Command, OSJA, International Law, Ansbach Law Center Member of American and German Translator Associations [ATA & BDÜ] DATE: 8 May 2020