COVID-19 Act on Measures

  1. General information

The COVID 19 Measures Act as amended, first came into force on 16 March 2020. Together with the associated decrees based on this Act regulates the provisional measures for containing the COVID 19 pandemic. The COVID 19 Measures Act will expire on December 31, 2021.

  1. 5th. COVID-19 measures decree

After several protective and emergency decrees, the 5th COVID-19 measures decree, has entered into force on November 15, 2021 and expires on Novermber 24, 2021. The3rd COVID-19 measures decree, which was I force previously expired on November 15, 2021..

It is pointed out that the federal states are free to refrain from relaxing the regulations in certain areas and to require stricter rules. Currently, Vienna makes use of this possibility, which is why there may be differences to the Decree.

To find more details on the current decree read the following sections.

For the purposes of this Decree, a mask is considered to be a respirator of protection class FFP2 (FFP2 mask) without an exhalation valve or a mask with at least an equivalent standard.

For the purposes of this decree, evidence of a low epidemiological risk shall mean

“1G-Proof”: proof of vaccination against COVID-19 with a centrally licensed vaccine:

  • second vaccination, whereby the first vaccination must not have taken place more than 360 days ago and at least 14 days must have elapsed between the first and second vaccination, or
  • vaccination from the 22nd day after vaccination for vaccines for which only one vaccination is scheduled, provided that this vaccination was not carried out more than 270 days previously; or 
  • vaccination, provided that a positive molecular biological test for SARS-CoV-2 or evidence of neutralizing antibodies was available at least 21 days prior to vaccination, whereby the vaccination must not have taken place more than 360  days previously or, 
  • further vaccination, whereby this must not have taken place more than 360 days previously and at least 120 days have elapsed between this and a vaccination within the meaning of the previously mentioned provisions

“2G-Proof”: Proof as described above, or

  • medical confirmation of SARS-CoV-2 infection recovered from within the last 180 days, confirmed by molecular biology, 
  • a certificate of segregation, if this was issued for a person who had demonstrably contracted SARS-CoV-2 180 days prior to the intended testing, 

“2,5G-Proof”: Proof as described above, or evidence from an authorized body of a negative result in a molecular biology test for SARS-CoV-2 taken no more than 72 hours previously,

“3G-Proof”: Proof as described above, or

  • evidence from an authorized body of a negative result from an antigen test for SARSCoV-2 taken no more than 24 hours previously,
  • evidence of neutralizing antibodies, which must not be older than 90 days.
  • evidence of a negative result of a SARS-CoV-2 antigen test for self-testing, which is recorded in an official data processing system and the testing must have been carried out no more than 24 hours previously.
  • a proof of a negative result in accordance with the Covid-19 school regulation BGBl. No. 374/2021.

The evidence from an authorized body of a negative result from an antigen test for SARSCoV-2 taken no more than 24 hours previously as well as the evidence of neutralizing antibodies, which must not be older than 90 days and the evidence of a negative result of a SARS-CoV-2 antigen test for self-testing, which is recorded in an official data processing system carried out 24h previously are no longer considered “3G-Proof”.

According to the decree the “3G-Proof” is replaced by the “2G- Proof” especially in Hotels and lodging establishments, restaurants, leisure and sports facilities, cultural facilities and events for more than 25 persons.  

The following people are exempt from the “2G-Proof”:

With this decree a lockdown for people without “2G-Proof” is mandatory. Children under the age of 12 years are exempt. In the following section the decree is discussed in detail.

A. Entering public places

A mask must be worn when entering indoor public places.

B. Public transportation and carpooling

When using 

  • Cabs and cab-like services,
  • means of mass transportation,

and in associated stations, platforms, stops, stations and airports and their respective connecting structures, a mask must be worn in indoor areas.

The following applies to the use of cable and rack railroads:

  • The operator of cable and rack railroads may admit people who do not use the cable or rack railroad to cover necessary basic needs of daily life only if they present a 2G-Proof.
  •  A mask must be worn in closed or closable means of transport (gondolas, cabins, closable seats) as well as in closed rooms of the respective stations.
  • The operator of cable and rack railroads must appoint a COVID 19 officer and draw up and implement a COVID 19 prevention concept

 C. Place of professional activity

Employees, owners and operators may only enter workplaces where physical contact with other people cannot be ruled out if they have 3G-Proof. Contacts in this context do not include a maximum of two physical contacts per day that take place outdoors and last no longer than 15 minutes each.

For employees a “2G-Proof” is mandatory in the following areas:

  • Night clubs, discotheques, apres ski,
  •  Care facilities and nursing homes
  • Hospitals
  • Mobile nursing
  • For events with more than 250 participants.

The owner of a work site with more than 51 employees must appoint a COVID-19 officer and develop and implement a COVID-19 prevention plan.

With regard to the wearing of a mask and the presentation of evidence of a low epidemiological risk, stricter regulations going beyond this Decree may be provided for in justified cases.

Employees, owners and operators who do not have 3G-Proof must wear a mask at all times at the place of work. However, this provision will expire on November 15, making 3G-Proof at the workplace mandatory once and for all.

D. Customer areas

When entering and driving into the customer area of the following business premises:

  • public pharmacies,
  • food retail outlets (including food producer outlets and petrol stations with connected food outlets)
  • banks, postal offices as defined in section 3 (7) of the PMG (Postmarktgesetz – Postal Market Act) and postal service providers, including their postal partners and
  • administrative authorities and administrative courts in the case of communication with parties,

customers are required to wear a mask in indoor areas.

When entering and driving into other customer areas, costumers are required to weara FFP2 mask.. Furthermore, costumer areas may only be entered if the costumer can provide a “2G-Proof”. The costumer shall keep this proof available during the duration of the stay.

Customers without “2G-Proof” are exempt from costumer areas, except for the following areas:

  • public pharmacies,
  • food retail outlets (including food producer outlets and petrol stations with connected food outlets)
  • Drugstores
  • Shops for medical and sanitary products, medical aids and appliances,
  • Health and nursing services,
  •  services for persons with disabilities provided by the provinces under disability assistance, social assistance, participation or equal opportunity laws,
  • veterinary services,
  • Shops for pet food,
  • Shops for maintenance of security and emergency products,
  • Agricultural trade, including animal auctions, and horticulture business and land product trade of seeds, feeds and fertilizers,
  • Gas stations and electric charging stations, and car washes,
  • Postal offices including their postal partners, but exclusively for the provision of postal services and telecommunications,
  • Tobacco stores and newsstands,
  • Automobile and bicycle repair shops.

E. Restaurants and catering businesses

Customers are only permitted to enter and drive onto premises of all types of hospitality businesses for the purpose of purchasing goods or using hospitality services if they present a 2G-Proof.

Neither molecular biology test for SARS-CoV-2 nor antigen test for SARSCoV-2 are sufficient as entry certificate. Accordingly, a “2G-Proof” applies for customers. The customer must keep the proof ready for the duration of the stay.

The operator must appoint a COVID 19 representative and draw up and implement a COVID 19 prevention concept. Self-service is permitted provided that appropriate hygiene measures are put in place to minimize the risk of infection. These measures must be shown in the COVID 19 prevention concept.

The requirement of showing evidence of a low epidemiological risk does not apply to:

  • the collection of food and beverages. Customers must wear a mask when indoors;
  • Snack and food service stands. Customers must wear a mask when indoors;
  • Hospitality business types operating within the following facilities:
  • Hospitals and sanatoriums for patients;
  • Homes for the elderly, nursing homes, and residential care facilities for the disabled for residents;
  • Facilities for the care and accommodation of children and adolescents, including schools and elementary educational institutions;
  • o establishments, if they may be used exclusively by employees of the establishment or persons working there on a professional basis;

means of mass transportation.

 F. Events

Meetings with more than 25 participants are permitted only on condition that the person responsible for the meeting admits the participants only if they show a 2G-Proof. The participant must keep this proof ready for the duration of the stay.

If not all participants are able to provide a “2G-Proof” a FFP-2 mask has to be worn.

Events with more than 50 participants are only permitted under the following conditions:

  • The person responsible for the event must notify the locally competent district administrative authority of the event at least one week in advance. The following information must be provided:
  • Name and contact details (telephone number, e-mail address) of the person responsible for the event,
  • Time, duration and place of the event,
  • Purpose of the event,
  • number of participants.
  • The notification must be made electronically to an e-mail address provided by the competent district administrative authority or via a web application.
  • Admission is only permitted with a 2G-Proof.

The operator must appoint a COVID 19 representative and draw up and implement a COVID 19 prevention concept.

Events with more than 250participants are permitted only under the following conditions:

  • The person responsible for the event must obtain a permit from the locally competent district administrative authority. The above-mentioned certificates  must be provided, and a prevention concept must be submitted. The decision period for the permit is two weeks from the complete submission of the documents.
  • Admission is only permitted with a 2G-Proof.

Several gatherings may take place at the same time at one location, provided that suitable measures, such as spatial or structural separation or staggering of time, are taken to prevent the mixing of participants at the gatherings taking place at the same time and to minimize the risk of infection.

The above regulations do not apply to:

  • Gatherings in private homes, except for gatherings in places not used to satisfy an immediate residential need, such as, but not limited to, garages, gardens, sheds, or barns;
  • funerals;
  • gatherings in accordance with the assembly law (Versammlungsgesetz)
  • Meetings for professional purposes, if they are necessary to maintain professional activity;
  • Meetings of bodies of political parties;
  • Meetings of bodies of legal entities; Meetings under the Labor Constitution Act (Arbeitsverfassungsgesetz);
  •  driving to theaters, concert halls and arenas, cinemas, varietés and cabarets, if this is done with multi-lane vehicles.

The person in charge must appoint a COVID-19 officer and draw up and implement a COVID-19 prevention concept.

At events, except for the first and last mentioned, with more than 100 people, a mask must be worn indoors, unless all people show evidence of a low epidemiological risk.

Persons who cannot provide a “2G-Proof” are exempt from all events, with the exception of:

  • funerals;
  • gatherings in accordance with the assembly law (Versammlungsgesetz)
  • Meetings for professional purposes, if they are necessary to maintain professional activity;
  • Meetings of bodies of political parties; if a digital meeting is not possible
  • Meetings of bodies of legal entities; if a digital meeting is not posible
  • Meetings under the Labor Constitution Act (Arbeitsverfassungsgesetz);
  •  driving to theaters, concert halls and arenas, cinemas, varietés and cabarets, if this is done with multi-lane vehicles.
  • Meetings related to extracurricular youth education and youth work
  • Professional sporting events

G. Hotels and lodging establishments

The manager may only admit guests to accommodation establishments if they present a 2G-Proof. The guest must keep this proof ready for the duration of the stay.

The following people are excepted by the “2G-rule”:

  • Those, who are already accommodated for a certain period of time by the time this decree is coming to force.
  • Those, who are supervisors of people in need of sustained assistance.
  • Those, who are accomodated with urgent professional reasons.
  • Those, who have urgent housing needs.
  • Patients of health resorts, which are organised according to § 42a Krankenanstalten- und Kuranstaltengesetzes (KAKuG), BGBl. Nr. 1/1957, as an accomodation service with connected  outpatient-clinic according to § 2 Abs. 1 Z 5 KAKuG.
  • Patients of a rehabilitationscenter with a connected outpatients-clinic according to § 2 Abs. 1 Z 5 KAKuG.
  • Students, who are being accomodated in terms of study purposes.

However, the following list of people need to show a “3G-proof”.

For entering 

  • gastronomic facilities in accommodation establishments, the regulations of the subsection “Restaurants and catering businesses” applies accordingly.
  • Sports facilities in accommodation establishments the provisions of the subsection “Sport” apply accordingly

The person in charge must appoint a COVID-19 officer and draw up and implement a COVID-19 prevention concept.

H. Sports

Entering sports facilities for the purpose of exercising is only permitted under the following conditions:

  • The manager of non-public sports facilities may only admit customers if they present a 2G-Proof. The customer must keep this proof ready for the duration of the stay. T
  • he manager of a non-public sports facility must appoint a COVID 19 officer and draw up and implement a COVID 19 prevention concept.
  • Professional athletes including their coaches and trainers must provide a “3G-Proof”

I.Curfew regulations

Persons, who cannot provide a “2G-Proof” are permitted from leaving their own living place with the exception of the following:

  • Averting imminent danger to life, health and property,
  • Care of and assistance to persons in need of support, and exercise of family rights and the fulfillment of family obligations,
  • Fulfillment of basic needs and needs of daily life, such as in particular
    • contact with

a)  partner not living in a joint household,

b) individual close relatives (parents, children and siblings),

c) individual significant others with whom physical or non-physical contact is usually maintained several times a week,

    • The provision of basic necessities of daily life,
    • The use of health services, the use of a vaccination against COVID-19 or the use of a test for SARS-CoV-2,
    •  Housing needs,
    • Religious needs, such as visits to cemeteries and individual visits to places of worship; and
    • the care of animals,
  • Meetings for professional purposes, if they are necessary to maintain professional activity;
  • Outdoor activities with persons living in the same household or persons with whom contact is allowed under the decree
  • For official or judicial duties that cannot be postponed including public meetings of representative bodies and oral court hearings as well as hearings from the administrative authorities to preserve the principle of publicity
  • The participation of elections and the use of instruments of direct democracy
  • For entering customer areas see D above
  • For participating at events see F above

J. Sanctions

Fines can be imposed for administrative violations under the COVID-19 Measures Act or the Epidemics Act, which can range from up to EUR 500 or up to EUR 30.000, depending on the violation and the norm addressee.

The operator shall appoint a COVID 19 officer and prepare and implement a COVID 19 prevention concept.

K. Exception

The decree is not applicable for:

  • Educational institutions, childminders and schools,

universities, private colleges and technical colleges,

  •  legislative bodies, unless otherwise provided for in their house rules,
  • For the jurisdiction, with the exception of the communication of parties in administrative courts, provided that there are no regulations to the contrary in the house rules,
  • for practicing religion.

 

 

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Important note

The information provided here is only general information and assistance. The information provided is not to be understood as legal advice from Kunz Wallentin Rechtsanwälte GmbH and cannot replace individual legal advice.

Furthermore, Kunz Wallentin Rechtsanwälte GmbH assumes no liability whatsoever for the content and accuracy of this information.