The necessary hygiene concept for the company is regulated in the newly inserted § 11 b (autumn markets, Christmas markets) of the Corona Ordinance, which will come into force tomorrow, October 8, 2021
Hanover (pm). The leaves are falling, it's getting colder and rainier - autumn is here and Christmas isn't long in coming. For many, visiting the autumn and Christmas markets is part of this darkening season. Despite the ongoing pandemic, these markets should be made possible with certain provisions.
Anyone who wants to eat or drink (mulled wine is also possible) or use a ride at a Christmas market must first provide evidence of full vaccination, recovery or a current negative test. This does not apply to children and adolescents under the age of 18 or to people who are not allowed to be vaccinated due to medical contraindications or participation in a clinical study. If you just want to stroll around and/or buy something at a Christmas market, you do not need proof – just like in retail.
Paragraph 4 of the newly inserted § 11 b (autumn markets, Christmas markets), which will come into force tomorrow, October 8, 2021, stipulates that the operator of the respective market must draw up a hygiene concept that regulates how the 3G specification applicable to consumption and amusement rides should be ensured.
For example, this can be done as follows:
a. by enclosing the area of the autumn or Christmas market with access controls at central entrances, i.e. by a fence with several entrances and exits or
b. through unmistakable and non-transferable identification of the authorized persons before accepting any hospitality service or service of a ride at the autumn or Christmas market. This is the ribbon regulation already discussed, but it is also possible to use other identifiers (stamps, etc.). These license plates can either be issued centrally at several points or decentrally at the individual catering stands or rides.
But are also possible
c. Decentralized checks of the respective evidence by the stand operators before the catering services or the services of a ride are provided. With this variant, however, it is unfortunately not possible for one person to buy drinks or food for a whole group. Here each and every individual has to prove their own entitlement.
In the hygiene concept - to be submitted together with the application for a commercial license for the autumn or Christmas market - measures must also be provided
which limit and control the number of people based on the respective spatial capacities and
which determine the distances between the stands based on the local conditions in such a way that large crowds of people are avoided. Every stand, including open stalls and other points of sale as well as amusement rides, should, according to § 11 b paragraph 2 sentences 2 and 3, maintain a minimum distance of two meters to the next stand, unless other minimum distances result from other legal provisions. Depending on the local conditions, the competent authority can provide for smaller or larger minimum distances; Minimum distances resulting from other legal regulations (e.g. escape route regulations) remain unaffected.
The hygiene concept must explain how
Flows of people, including arrivals and departures, are controlled and queues are avoided. Overall, regulations tailored to the type and size of the Christmas market can be agreed with the municipalities in the hygiene concept. This should enable flexible handling that suits the respective situation on site. There is grandfathering for permits granted under previous law.
The new § 11 b of the Corona Ordinance further provides that
Catering services at an autumn or Christmas market may not be provided or received in stalls that are closed on all sides or other rooms that are closed on all sides. (Section 11b paragraph 2, sentence 1)
A mouth-and-nose cover only has to be worn in all-round closed (sales or sanitary) rooms that are accessible to the public or as part of a visit or customer traffic. (Section 11b paragraph 3)
Contact details do not have to be collected.
The implementation of the respective hygiene concept and compliance with the requirements contained therein and otherwise in § 11 b must be randomly checked by the competent authority.
§ 11 b paragraph 7 allows for an optional 2G regulation, i.e. a limitation of hospitality services and the use of rides only to fully vaccinated or recovered people - regardless of the respective warning level. From warning level 3, 2G is mandatory.
If they are neither vaccinated nor recovered, people working at an autumn or Christmas market must test negative at least twice a week under a 3G regulation. At 2G, these employees must present negative test evidence on a daily basis and wear an "FFP" (or comparable) mask.
Two other changes in the Corona Ordinance, which will also come into force tomorrow, should be expressly pointed out:
The change in § 11 paragraph 6 sentence 2 also allows major events beyond the previous maximum limit of 25,000 people if only fully vaccinated or recovered visitors are admitted (= 2G).
There is another change in § 8 paragraph 6 and in several other places of the Corona Ordinance: for people who present a medical certificate that they are not allowed to be vaccinated due to medical contraindications or participation in a clinical study, the Evidence of any test within the meaning of § 7 is recognized as sufficient. This represents a simplification compared to the previous legal situation. Previously, proof of a negative PoC antigen test was required in accordance with Section 7 Paragraph 1 Sentence 1 No. 2. Starting tomorrow, proof of a self-test under supervision in accordance with Section 7 Paragraph 1 Clause 1 No. 3 will also suffice.
Corona regulation from October 8th, 2021: