The bill was adopted by the Federal Cabinet on 13 April 2021 and by the German Bundestag on 21 April 2021. The Bundesrat discussed the bill on 22 April 2021. The act enters into force on 23 April. Based on an assessment of the incidence rates over the past three days, all districts and municipalities will publish the rules that will apply in their area on the next day. The act thus becomes effective on 24 April 2021.
The federal “emergency brake” comes into force in all districts where the incidence rate has consistently been above 100 new infections per 100,000 inhabitants in the past 7 days (the decisive factor here are the figures recorded by the Robert Koch Institute). That means: If the incidence rate is higher than 100 on 3 consecutive days, the emergency measures set out in the Protection Against Infections Act apply 2 days later. When the incidence rate is higher than 165, schools must close (no more classroom-based learning), as must day-care centres, except for emergency childcare. If the 7-day incidence rate is lower than 100 or 165 respectively on 5 consecutive working days, the emergency restrictions are lifted 2 days later.
Here you will find an overview of the incidence rates in the districts and municipalities: www.rki.de/inzidenzen. The cities of Berlin and Hamburg are treated in the same way as rural districts, which means that the incidence rate in the entire city is the decisive factor, not that of the city districts.
When the 7-day incidence rate is higher than 100, a curfew is an important means of effectively preventing the spread of infection. Numerous scientific studies back this up (link to studies).
The curfew is limited solely to the period in which the “emergency brake” is in place. It cannot be imposed as a preventive measure.
Several courts have already confirmed that a curfew is legally acceptable. Curfews are not classed as a deprivation of liberty. They simply limit the use of public space during normal rest and sleeping times. People are still permitted to leave their homes if they have a valid reason to do so.
The coronavirus SARS-CoV-2 is mainly transmitted through respiratory air. The more people meet, the higher the risk of infection. Meetings in private homes are particularly challenging in terms of making sure that everyone involved complies with social distancing measures. This is why meetings are limited to the members of one household with a maximum of one person from another household. This measure is particularly effective in breaking chains of infection.
Children up to the age of 14 are not included in the numbers so that meetings permitted between adults can also take place in the presence of their children. This means that social contact is not limited excessively.
Yes, the act includes reopening strategies. The “emergency brake” is applied when there has been a stable incidence rate of 100 or more new cases per 100,000 members of the population in the last 7 days. If the 7-day incidence rate is lower than 100 on 5 consecutive days, the emergency restrictions are lifted 2 days later.
The Federal Government will permit exemption by ordinance, with the consent of the German Bundestag and Bundesrat. Special arrangements may be put in place in particular for people who have been vaccinated, who have recovered from COVID-19 or who have an up-to-date negative test result.
Lighter restrictions or exemptions introduced in federal state law for people who can be assumed to be immune to the coronavirus SARS-CoV-2 are to remain in effect until a federal statutory instrument is adopted.
Employers must offer office workers (or similar) the option to work from home where no compelling operational grounds prevent it, and employees must make use of this offer where there are no grounds preventing it on their side.
Meetings for the practice of religion as set out in Article 4 of the Basic Law are permitted. However, the federal states can impose protective measures for such meetings.
Limiting the number of attendees at funerals and wakes as part of infection prevention legislation is not a new measure – it is a continuation of measures that have proved effective in the federal states, where such measures have been in place throughout the pandemic. It is less restrictive than the general limits on social contact. It is of course important than mourners can give the deceased a dignified funeral. However, it is also important to act responsibly in situations where infection rates are high and large gatherings represent considerable risk of infection, and to strike a balance between the different interests to ensure that such gatherings do not further fuel the pandemic. The regulation strikes that balance.
In such cases, the stricter rules imposed by the state apply.