¹ This Ordinance introduces measures to combat the COVID-19 epidemic that apply to the general public, organisations and institutions, and the cantons.

² The measures serve to prevent the spread of the coronavirus (COVID-19) and to break chains of transmission.

¹ Unless this Ordinance provides otherwise, the cantons shall retain their responsibilities in accordance with the EpidA.

² The cantons are responsible for measures relating to compulsory and upper secondary schools.

Persons with a certificate in terms of this Ordinance are persons who hold one of the following certificates:

a.

a COVID-19 certificate in accordance with Article 1 letter a of the COVID-19 Ordinance on Certificates of 4 June 2021²;

b.

a recognised foreign certificate in accordance with Section 7 of the COVID-19 Ordinance on Certificates.

Every person shall follow the recommendations of the Federal Office of Public Health (FOPH) on hygiene and social distancing during the COVID-19 epidemic³.

¹ Persons travelling on public transport vehicles, such as trains, trams, buses, ships, aircraft and cableways, must wear a face mask in enclosed areas of such vehicles. The following persons are exempted from this requirement:

a.

children under the age of 12;

b.

persons who can prove that they are unable to wear face masks for compelling reasons, in particular medical reasons; in order to prove medical reasons, a certificate is required from a professional who is authorised to exercise their profession under their own professional responsibility in accordance with the Medical Professions Act of 23 June 2006⁴ or the Psychology Professions Act of 18 March 2011⁵.

² Public transport vehicles are:

a.

vehicles operated by companies with a concession under Article 6 or a licence under Article 7 or 8 of the Passenger Transport Act of 20 March 2009⁶;

b.

aircraft operated by companies holding an operating licence in accordance with Articles 27 or 29 of the Civil Aviation Act of 21 December 1948⁷ that are used for scheduled or charter flights.

¹ A face mask must be worn in publicly accessible indoor areas of businesses and establishments.

² The following persons are exempt from the requirement in paragraph 1:

a.

children under the age of 12;

b.

persons who can prove that they are unable to wear a face mask for compelling reasons, in particular medical reasons; proof of medical reasons must be provided in accordance with Article 5 paragraph 1 letter b;

c.

persons in institutions that provide childcare outside the family or in educational institutions, in the event that wearing a face mask significantly impedes the provision of care or the ability to teach;

d.

persons undergoing a medical or cosmetic procedure to the face;

e.

performers, in particular speakers;

f.

persons who are exempted under a provision of this Ordinance from the requirement to wear a mask:

1.

in the fields of sport, culture, leisure or entertainment,

2.

in restaurants, bars and clubs,

3.

at events.

³ Bathing establishments, including thermal baths and spas, may provide in their precautionary measures plans for exceptions to the requirement in paragraph 1.

⁴ Where entry to publicly accessible businesses and establishments or to events is restricted to persons with a certificate, the operators and organisers must provide that the persons working on the premises who are in contact with guests, customers or visitors:

a.

can provide a certificate themselves; or

b.

if not all can provide a certificate: all wear a face mask in indoor areas.

⁵ Socio-medical institutions may in consultation with the responsible cantonal authority provide in their precautionary measures plans that the following persons are exempted from the requirement under paragraph 1 in their publicly accessible areas:

a.

residents who have been vaccinated against COVID-19: for the period specified in Annex 2;

b.

residents who were infected with Sars-CoV-2 and have recovered: for the period specified in Annex 2.

⁶ The persons who are regarded as vaccinated in terms of paragraph 5 letter a are defined in Annex 2.

¹ The responsible cantonal authority shall place into quarantine persons who within the periods specified below have had close contact with the following infected persons:

a.

a person whose infection with Sars-CoV-2 has been confirmed or is probable and who is displaying symptoms, where contact takes place in the period from 48 hours before the symptoms began until 10 days thereafter;

b.

a person whose infection with Sars-CoV-2 has been confirmed but who is asymptomatic, where contact takes place in the period from 48 hours before the person was tested until the person goes into isolation.

² The following persons are exempted from contact quarantine:

a.

persons who prove that they have been vaccinated against COVID-19: for the period specified in Annex 2;

b.

persons who prove that they were infected with Sars-CoV-2 and have recovered: for the period specified in Annex 2;

c.

persons who carry out an activity that is of high importance to society and for which there is an acute shortage of staff; while working and when travelling to work.

³ The persons who are regarded as vaccinated in terms of paragraph 3 letter a are defined in Annex 2.

⁴ Persons working for businesses that have a testing plan that meets the following requirements are exempted from contact quarantine while working and when travelling to work:

The plan allows employees simple access to tests and provides that employees are regularly informed of the advantages of the tests.

Employees are able to take a test at least once a week.

c.

The requirements are met for the Confederation to pay the cost of the tests in accordance with Annex 6 Sections 3.1 and 3.2 the COVID-19 Ordinance 3 of 19 June 2020⁸.

⁵ The persons specified in paragraph 4 must remain in contact quarantine when not at work or travelling to work.

⁶ In respect of specific persons or categories of persons, the responsible cantonal authority may:

a.

in justified cases authorise additional exemptions from or relaxations of the regulations on contact quarantine for specific persons;

b.

in cases other than those under paragraph 1 or even if the requirements under paragraphs 2 and 3 are met, place a person in contact quarantine if this is necessary in order to prevent the spread of COVID-19.

⁷ It shall notify the FOPH of measures taken in respect of specific categories of persons under paragraph 6.

¹ Contact quarantine shall last for 10 days from the time of last close contact with the person under Article 7 paragraph 1.

² Persons in contact quarantine may leave quarantine early if the following requirements are met:

a.

the person provides the responsible cantonal authority with proof of a negative result for one of the following tests on or after the seventh day of quarantine:

1.

a molecular-biological test for Sars-CoV-2,

2.

a Sars-CoV-2-rapid test according to the diagnostic standard;

b.

the responsible cantonal authority agrees to the early termination of quarantine.

³ Persons over the age of 12 who leave quarantine early pursuant to paragraph 4 must wear a face mask and maintain a distance of at least 1.5 metres from other persons when outside their home or accommodation until the point in time at which quarantine would have ended.

¹ The responsible cantonal authority shall order persons who are suffering from COVID-19 or who have been infected with Sars-CoV-2 to isolate for 10 days.

² If a person displays particularly serious symptoms or if he or she suffers from severe immunosuppression, the responsible cantonal authority may order a longer period in isolation.

³ The period in isolation begins:

a.

on the day that symptoms begin;

b.

if the person suffering from COVID-19 or infected with Sars-CoV-2 is asymptomatic: on the day the test is carried out.

⁴ The responsible cantonal authority shall terminate isolation after 10 days at the earliest, provided the person in isolation:

a.

has been symptom-free for at least 48 hours; or

b.

continues to display symptoms but these are such that the continuation of isolation is no longer justified.

¹ Operators of publicly accessible establishments and businesses, including education and training institutions, and organisers of events must draw up and implement a precautionary measures plan.

² If entry for persons aged 16 and over is not restricted to persons with a certificate, the precautionary measures plan must meet the following requirements:

a.

It must include measures relating to hygiene and social distancing for the establishment, the business or the event.

b.

It must include measures that guarantee compliance with the requirement to wear a mask under Article 6.

c.

It must arrange for the recording of the contact data of persons present in accordance with Article 11, if in indoor areas:

1.

a face mask need not be worn and the required distance need not be maintained in accordance with this Ordinance; and

2.

no effective protective measures are taken, such as erecting suitable barriers.

³ If entry for persons aged 16 and over is restricted to persons with a certificate, the precautionary measures plan must include measures on hygiene and on implementing the entry restrictions.

⁴ The requirements of paragraphs 2 and 3 are specified in more detail in Annex 1.

⁵ A person must be designated in the precautionary measures plan as responsible for implementing the plan and as the contact for the competent authorities.

¹ If contact data are recorded in accordance with Annex 1 number 1.4, the persons concerned must be informed about the recording and its purpose. If the contact data are already known, the persons concerned must be informed that the data will be used and of the purpose for which they are used.

² The contact data must on request be passed on in electronic form without delay to the responsible cantonal authority or organisation in accordance with Article 33 EpidA for the purpose of identifying and notifying persons who may have been infected.

³ The data recorded may not be used for any purposes other than those provided for in this Ordinance, must be retained for 14 days after the persons concerned participated in the event or visited the establishment or business, and must be destroyed immediately thereafter.

¹ In restaurants, bars and clubs in which food and drinks are consumed on the premises, the following applies:

a.

In indoor areas:

1.

either the required distance must be maintained between individual groups of guests or effective partitioning must be in place;

2.

guests must be seated; in particular, persons consuming food and drinks in the restaurant area must be seated;

3.

guests must wear a face mask if they are not sitting at their table;

4.

operators must record the contact data of one person in each group of guests.

b.

In outdoor areas either the required distance must be maintained between individual groups of guests or effective partitioning must be in place.

² If entry for persons aged 16 and over is restricted to persons with a certificate, paragraph 1 does not apply.

³ In workplace canteens, only the following applies:

a.

Persons consuming food and drinks in the restaurant area must be seated.

b.

In indoor areas all guests must maintain the required distance from each other.

c.

Only persons working in the business concerned may be served.

⁴ For discotheques and dance venues, only Article 13 applies.

¹ Discotheques and dance venues must restrict entry for persons aged 16 and over to those with a certificate.

² In publicly accessible businesses and establishments in the culture, entertainment, leisure and sport sectors in which entry for persons aged 16 and over is restricted to those with a certificate, no restrictions apply in terms of this Ordinance other than the requirement to draw up and implement a precautionary measures plan in accordance with Article 10 paragraph 3.

¹ The following applies to events where entry is not restricted to persons with a certificate:

a.

the maximum number of persons, whether visitors or participants, is 1000; with regard to the foregoing, the following applies:

1.

if visitors must be seated, a maximum of 1000 visitors may be allowed entry;

2.

if visitors are allowed to stand or if they may move freely around, a maximum of 250 visitors may be allowed entry to indoor areas and 500 visitors to outdoor areas.

b.

Establishments may be occupied to a maximum of two-thirds of their capacity.

c.

Holding events at which people dance is prohibited.

² The following applies in addition to paragraph 1 to events in indoor areas:

a.

The requirement to wear a face mask is governed by Article 6; the required distance must be maintained wherever possible.

b.

The consumption of food and drinks is only permitted in restaurant-type establishments. It is permitted in seating areas outside a restaurant-type establishment, provided contact data is recorded.

³ In the case of events involving family members and friends (private events) that are not held in publicly accessible establishments or businesses, a maximum of 30 persons may attend indoor events and a maximum of 50 persons may attend outdoor events. Only Article 4 applies. The requirement to draw up and implement a precautionary measures plan does not apply.

¹ For events in which entry for persons aged 16 and over is restricted to those with a certificate, subject to paragraph 2 no restrictions apply in terms of this Ordinance other than the requirement to draw up and implement a precautionary measures plan in accordance with Article 10 paragraph 3.

² Article 16 and 17 apply to events with more than 1000 persons.

¹ Any person planning to hold an event involving more than 1000 persons, whether visitors or participants, (large-scale events), shall require authorisation from the competent cantonal authority.

² Authorisation shall be granted provided:

a.

it can be assumed that the epidemiological situation in the canton or region concerned permits the event to be held;

b.

it can be assumed that at the time the event is held the canton has the required capacities in the following areas:

1.

capacities to identify and notify persons who may have been infected as required under Article 33 EpidA,

2.

capacities in the healthcare sector to treat both COVID-19-patients and other patients without restriction; this includes in particular the capacity to carry out non-urgent medical procedures;

c.

the organiser submits a precautionary measures plan under Article 10 paragraph 3.

³ If a large-scale event is being held in two or more cantons, authorisation is required from each canton. The cantons shall coordinate the procedure together.

⁴ Any person who wishes to hold similar events regularly in the same establishment may request authorisation to do so in a single application.

⁵ The canton shall revoke authorisation or shall issue additional restrictions if:

a.

the epidemiological situation has deteriorated to the extent that holding the event is no longer possible, in particular because the required capacities under paragraph 2 letter b can no longer be guaranteed; or

b.

an organiser did not comply with the measures set out in the precautionary measures plan at an event that has already been held and cannot guarantee that the measures will be complied with in future.

¹ Persons aged 16 and over may only be allowed entry to a large-scale event if they can provide a certificate.

² In the case of outdoor sports events that are held over longer routes or on routes in the open air, the cantons may permit exceptions to the requirement in paragraph 1 if no control on access to the event is possible because of local conditions or circumstances.

Trade and consumer fairs must draw up and implement a precautionary measures plan in accordance with Article 10. In addition, the following applies:

a.

If more than 1000 persons are present on any day, whether they are visitors or participants, fairs require authorisation from the competent cantonal authority; the authorisation requirements and the requirements for revoking authorisation in Article 16 paragraphs 2, 4 and 5 apply.

b.

If entry for persons aged 16 and over is restricted to those with a certificate, no restrictions apply in terms of this Ordinance other than the requirement to draw up and implement a precautionary measures plan and the authorisation requirement in accordance with letter a.

¹ Restrictions on numbers do not apply to the following events:

a.

meetings of the legislatures at federal, cantonal and communal level;

b.

meetings of public-sector bodies that cannot be postponed;

c.

meetings required to ensure the proper functioning of institutional beneficiaries under Article 2 paragraph 1 of the Host State Act of 22 June 2007⁹.

² Articles 10 and 11 do not apply to political and civil society demonstrations and to collecting signatures.

³ Articles 14-17 do not apply to events in accordance with paragraphs 1 and 2.

The following applies to persons carrying out sports or cultural activities:

a.

The requirements to wear a face mask and to maintain the required distance do not apply.

b.

If the activities are carried out as part of events, Articles 14 and 15 apply with regard to the number of persons and capacity restrictions.

c.

A precautionary measures plan must be drawn up and implemented only if the activities are carried out in groups of more than 5 persons; in the case of persons who carry out activities in terms of their employment, the requirements in Article 25 apply.

d.

In the case of activities in indoor areas:

1.

contact data must be recorded unless the establishment or business concerned restricts entry for persons aged 16 and over to those with a certificate;

2.

effective ventilation must be available.

In the case of the activities of organisations and institutions involved in public child and youth work involving children and young people born in 2001 or later, only the requirement to draw up and implement a precautionary measures plan in accordance with Article 10 applies. The precautionary measures plan shall indicate the permitted activities.

The responsible cantonal authority may authorise a relaxation of the requirements under Article 10 paragraphs 2-4 and Article 20 provided:

overriding public interests so require;

b.

the epidemiological situation in the canton or the region concerned permits this; and

c.

the organiser or operator submits a precautionary measures plan under Article 10 that includes specific measures to prevent the spread of the coronavirus and to break transmission chains.

¹ The canton shall take additional measures under Article 40 EpidA if:

a.

the epidemiological situation in the canton or in a region so requires; it shall assess the situation in particular based on recognised indicators and their trends;

b.

as a result of the epidemiological situation, it is no longer able to provide the capacities required to identify and notify persons who may have been infected as stipulated in Article 33 EpidA.

² It shall in particular guarantee freedom of religion and conscience and that political rights may be exercised.

¹ The operator and organisers must:

a.

submit their precautionary measures plan to the responsible cantonal authorities if requested to do so;

b.

allow the responsible cantonal authorities access to the establishments, businesses or events.

² The responsible cantonal authorities shall conduct regularly checks on compliance with the precautionary measures plans, in particular in restaurant-type establishments.

³ If they establish that no adequate precautionary measures plan has been drawn up or that a plan has not been implemented or only in part, they shall take appropriate measures immediately. They may issue reminders, close down establishments or businesses or prohibit or break up events.

¹ Employers must guarantee that their employees are able to comply with the FOPH recommendations on hygiene and social distancing. To do so, they must plan and implement related measures.

² Employers shall take further measures in accordance with the STOP Principle (Substitution, Technical measures, Organisational measures, Personal protective equipment), in particular the option of working from home, physical separation, separate teams, regular ventilation of rooms or wearing face masks.

³ For the protection of particularly vulnerable employees, Article 27a of COVID-19 Ordinance 3 of 19 June 2020¹⁰ also applies.

¹ Pursuant to the health protection provisions in Article 6 of the Employment Act of 13 March 1964¹¹, the authorities implementing the Employment Act and the Federal Act of 20 March 1981¹² on Accident Insurance are responsible for implementing Article 25.

² The competent implementing authorities may conduct inspections of businesses and locations at any time without prior notice.

³ Employers must allow the competent implementing authorities access to their premises and locations.

⁴ The instructions given by the competent implementing authorities during their on-site inspections must be implemented immediately.

The cantons are required to report the following to the Coordinated Medical Services regularly:

a.

the total number and occupancy of hospital beds;

b.

the total number and occupancy of hospital beds that are intended for the treatment of COVID-19 cases, and the number of patients currently being treated for COVID-19;

c.

the total number and occupancy of hospital beds in intensive care and the number of patients with COVID-19 currently being treated and ventilated in intensive care;

d.

the total number and occupancy of devices for extracorporeal membrane oxygenation (ECMO);

e.

the details of availability of medical and nursing staff in hospitals;

f.

the maximum numbers, i.e. the total number of patients and total number of COVID-19 patients, that can be treated by their hospitals, taking account of the available beds and the available staff.

Any person who commits any of the following acts shall be liable to a fine:

a.

as an operator or organiser, wilfully or negligently failing to comply with any of the following provisions: Article 10 paragraphs 1-3, Article 12, 13 paragraph 1, 14 paragraphs 1 and 2, 15 paragraph 1, 17 paragraph 1 and 20;

b.

as an operator or organiser, wilfully or negligently processing contact data recorded pursuant to Article 11 for other purposes in contravention of Article 11 paragraph 3 or retaining such details for longer than 14 days after the person or persons concerned participated in the event or visited the establishment or business;

c.

wilfully holding an event involving more persons than are permitted under Article 14 paragraphs 1 letters a and b and 3;

d.

wilfully holding a large-scale event under Article 16 paragraph 1 or a trade or consumer fair under Article 18 letter a without the required authorisation or in derogation from the approved precautionary measures plan;

e.

wilfully or negligently failing to wear a face mask in contravention of Article 5 paragraph 1, 6 paragraph 1 or 14 paragraph 2 letter a in enclosed areas of public transport vehicles or in publicly accessible indoor and outdoor areas of businesses and establishments, unless an exception pursuant to Article 5 paragraph 1 or 6 paragraph 2 or 4 applies;

f.

as a guest of a restaurant, bar or club, wilfully contravening the requirement to be seated in Article 12 paragraph 1 letter a number 2;

¹ The Federal Department of Home Affairs shall update Annexes 1 and 2 in accordance with the latest scientific knowledge.

² It shall update Annex 1 in consultation with the Federal Department of Economic Affairs, Education and Research and Annex 2 in consultation with the Federal Commission for Vaccination.

The COVID-19 Special Situation Ordinance of 19 June 2020¹³ is repealed.

The amendment of other legislation is regulated in Annex 3.

Authorisations for pilot projects that have been granted on the basis of Article 6b^quater of the COVID-19 Special Situation Ordinance of 19 June 2020¹⁴ remain valid until 30 June 2021.

This Ordinance comes into force on 26 June 2021 at 00.00.