Facilitation for the vaccinated and healthy

Why do different contact rules apply to vaccinated and healthy people?

According to the Robert Koch Institute, the risk of transmitting coronavirus in fully vaccinated individuals is, according to current knowledge, significantly lower from the 15th day after administration of the second vaccination dose at the latest than in the case. of a negative rapid antigen test in asymptomatic infected Persons. The situation is comparable for people who have recovered for a period of six months after recovering from an infection with SARS-CoV-2 coronavirus. For this reason, the federal legislature in section 28c of the Infection Protection Act has provided that there are simplifications or exceptions to the rules and prohibitions for persons who have been fully vaccinated or who have recovered from coronavirus infection. These simplifications or exemptions are standardized nationwide in the Executive Order issued by the Federal Government pursuant to section 28c of the Infection Protection Act to regulate simplifications and exceptions to protective measures to prevent the spread of COVID-19 (COVID-19 Protective Measures Exception Ordinance), available here on the Internet). regulated for all persons in Germany. These simplifications or derogations apply immediately throughout Germany.

Who is considered a vaccinated and healthy person?

Whether a person is considered to be vaccinated or healthy is determined in § 2 of the Exemption Order on COVID-19 protection measures (available here on the Internet):

A vaccinated person is a person who has issued a vaccination certificate. Evidence of vaccination is evidence of the existence of a complete vaccination against coronavirus in embedded or digital form (ie on paper or electronically), if the underlying vaccination is one or more from the Paul-Ehrlich Institute on the Internet at www.pei. the vaccines mentioned / vaccines / covid-19. This vaccination must consist of a series of vaccine doses published by the Paul-Ehrlich-Institut on the Internet at www.pei.de/impfstoffe/covid-19, which is required for a complete protective vaccination, and since the last required individual vaccination has gone at least Fourteen days. In the case of people who have already recovered from COVID, one dose of vaccination is sufficient.

A healed person is a person who has a recovery certificate. This is evidence of the existence of a previous coronavirus infection in embedded or digital form, if the underlying test was performed by laboratory diagnostics using nucleic acid detection (PCR, PoC-PCR or other methods of nucleic acid amplification technology) and for at. a minimum of 28 days and a maximum of six months in arrears.

However, the following are important: If a person has the typical symptoms of an infection with SARS-CoV-2 coronavirus (shortness of breath, new cough, fever and loss of smell or taste) or even a positive test result, they can not trust the status of a vaccinated and healthy person (see § 2 of the COVID-19 Exemption Order) (available here on the Internet).

Should vaccinated and healthy people still wear mouth and nose covers?

Those who have been vaccinated and those who have recovered must continue to wear mouth and nose covers, regardless of their immunization against coronavirus, once this is prescribed in Hamburg by the Hamburg SARS-CoV-2 containment regulation. The Federal Government Exemption Order on COVID-19 safeguard measures explicitly allows for this in this way in Section 1, Section 2, Number 1 (available here on the Internet). The Federal Government justified this on the grounds that population-based protection measures such as general contact reduction, maintaining a minimum distance, wearing a mask and intensive and regular ventilation when staying indoors are still necessary to effectively control the corona virus. However, these important measures can only be effective if they are widely accepted and implemented by the people and if everyone adheres to them together. In addition, despite vaccination or immunization due to a disease that has been overcome, there is still a residual risk of transmitting coronavirus to other people. This risk can be significantly reduced by consistently wearing masks.

Do vaccinated and healthy people still have to comply with the distance requirements?

For the same reasons (see answer above), vaccinated and healthy individuals must continue to comply with the distance requirement in public places. The Federal Government’s Exemption Order on COVID-19 safeguard measures explicitly provides for this in Section 1, Section 2, Number 2 (available here on the Internet). The same rules apply to all persons in public places: you must keep a minimum distance of 1.5 meters to other persons in public places, however, this does not apply to members of a common household, to persons who or visitation rights, as well as meetings with members of other households if there are not more than ten persons in total. However, children in these households up to the age of 14 do not count in this count.

Do the contact restrictions apply to vaccinated and healthy people?

With regard to contact restrictions during private gatherings and similar social contacts, there is relief for those who have been vaccinated and those who have recovered due to the Federal Government’s exemption order on COVID-19 protection measures: At private gatherings and similar social contacts, the applicable number is persons restriction in accordance with § 4a, para. 2 of the Hamburg SARS -CoV-2 containment regulation (the rule according to § 4a (2) is: a maximum of ten persons, children up to 14 years not included) Vaccinated do not count and recover people.

This relief is specified in section 8, paragraph 2, of the Federal Government’s COVID-19 safeguard measures derogation (available here on the Internet). The regulation concerns the number of private gatherings. According to the explanatory memorandum to the Exemption Order on COVID-19 protection measures, cases such as meetings in residential institutions, funerals or similar matters are considered to be “similar social contacts” for private gatherings. A similar private gathering may also be the practice of outdoor sports permitted under § 20, paragraph 2 of the Hamburg SARS-CoV-2 Containment Ordinance, in particular on and in all public and private sports facilities without contact, alone or in groups of up to ten people . In connection with the current limit on the number of persons, vaccinated and recovered persons do not count. If outdoor sports are offered by commercial providers (especially fitness, sports and yoga studios and similar facilities) as permitted under section 20, section 2c of the Hamburg SARS-CoV-2 withholding regulation, the provider may only offer them in groups of 10 people ( § 20, para. 2c Hamburg SARS-CoV-2 Indeslutningsforordning), because it is not a “private gathering” or “similar social contacts” under § 8, para. 2 The Exception Order on COVID-19 protection measures, but a commercial offer for a number of different people. Within the framework of these commercial offers, the group size is set for all persons, so that the provider can set uniform conditions for its offers with a high level of protection for all participants. The same applies to the number of persons at outdoor events in accordance with Article 9 (3) of the Hamburg SARS-CoV-2 Containment Ordinance. As these are – usually commercial – events for a large number of people and not “private gatherings” or “similar social contacts”, the absolute total number of attendees counts regardless of the participants’ status as vaccinated and healthy. The same applies to the restriction of access to retail stores, which is based on the available space (cf. § 13, paragraph 2a of the Hamburg SARS-CoV-2 containment regulation).

In addition, in accordance with section 8, subsection 3 of the Executive Order on Exceptions to COVID-19 protection measures shall be special rules for the protection of persons who, due to their age or state of health, have an increased risk of a serious or fatal course. the disease. Such special rules apply especially to visitors to nursing homes. These special protection rules must also be observed by vaccinated and healthy persons.

Should vaccinated and healthy people take a test if, for example, they want to go to the hairdresser?

none Those who have been vaccinated and those who have recovered are always exempt from presenting test evidence. This is provided for in section 7 of the Executive Order on Exceptions to COVID-19 protection measures and also in section 10h, section 2 and section 3 of the Hamburg SARS-CoV-2 containment regulation. Because of these rules, a negative coronavirus test certificate is always equivalent to submitting a coronavirus vaccination certificate or health certificate. Anyone who has this proof always fulfills a test obligation laid down in certain areas under the Hamburg SARS-CoV-2 Withholding Regulation by submitting it.

Can any number of healthy and vaccinated people meet in the public space? Can any number of vaccinated and healthy people gather in the park for a picnic?

Yes, they are generally allowed to do so when it comes to private gatherings or similar social contacts. Because the specifications for the number of persons to whom the contact restriction in the public space applies in accordance with §§ 3, 4 and 4a of the Hamburg SARS-CoV-2 containment regulation do not apply to them. This follows – as explained above under question 5 – from § 8, para. 2 of the Exemption Order on COVID-19 protection measures (available here on the Internet). However, this only applies to private gatherings or similar social contacts.

Can any number of vaccinated and healthy people meet at a table in a restaurant?

Although these are private gatherings or similar social contacts, and the number of persons specified for vaccinated and healthy persons is therefore generally not applicable (cf. section 8, subsection 2 of the Exemption Order on COVID-19 protection measures, available here at Internet) in the catering. trade – as with other commercial offers, see the answer under 5 – restaurateurs implement and comply with certain protective measures in their shops: In outdoor gastronomy, restaurateurs may only place those persons at the tables to whom the distance requirement does not apply. (ie a maximum of ten persons, including children up to the age of 14, cf. § 15 (3a) of the Hamburg SARS-CoV-2 Withholding Ordinance). This obligation serves to protect all guests in the restaurant business against corona virus infection. In order for these plant-related specifications to also be implemented in practice and easily controlled, these operator obligations always apply to all persons. Restaurateurs must therefore also comply with these requirements in the case of vaccinated and healthy persons.

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