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.

1 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.

² ...³

^2bis ...⁴

³ ...⁵

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

a.

a COVID-19 vaccination certificate under Article 1 letter a number 1 of the COVID-19 Certificates Ordinance of 4 June 2021⁷;

b.

a COVID-19 recovery certificate under Article 1 letter a number 2 of the COVID-19 Certificates Ordinance;

c.⁸ …

d.

a recognised foreign certificate certifying vaccination or recovery in accordance with Section 7 of the COVID-19 Certificates Ordinance.

Every person shall follow the recommendations of the Federal Office of Public Health (FOPH) on hygiene and social distancing during the COVID-19 epidemic⁹.

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 exempt 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 medical certificate is required from a professional who is authorised to practise their profession under their own professional responsibility in accordance with the Medical Professions Act of 23 June 2006¹⁰ or the Psychology Professions Act of 18 March 2011¹¹.

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 2009¹²;

b.

aircraft operated by companies holding an operating licence in accordance with Articles 27 or 29 of the Civil Aviation Act of 21 December 1948¹³ 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.¹⁴

persons in the sport and culture sectors who are exempted under a provision of this Ordinance from the requirement to wear a mask;

g.¹⁵

persons in restaurants, bars and clubs: if they sit at a table;

h.¹⁶

persons in the public area at events: when consuming food or drink while seated;

i.¹⁷

persons in in publicly accessible businesses and establishments or at events to which access is restricted to persons with a vaccination or recovery certificate.

³ and ⁴ ...¹⁸

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 exempt 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 2020¹⁹.

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,

2.²⁰ a Sars-CoV-2-rapid test for specialist use,

3.²¹

a laboratory immunological analysis for Sars-CoV-2 antigens;

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

² The precautionary measures plan must provide for the following:

a.

measures relating to hygiene and ventilation;

b.

measures relating to compliance with the requirement to wear a mask under Article 6;

c.

the recording of the contact data of persons present in accordance with Article 11 where required by this Ordinance.

d.

measures relating to persons who are not required to wear a mask in accordance with Article 6 paragraph 2;

e.

measures relating to maintaining the required distance, unless, in the case of persons aged 16 or over, access is restricted to persons with a certificate.²²

³ If entry for persons aged 16 and over is restricted to persons with a certificate, the precautionary measures plan must also include the following measures:

a.

measures on implementing the entry restrictions;

b.²³

… .²⁴

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.

Proprietors must restrict access to indoor areas to persons aged 16 and over with a certificate. Proprietors must ensure that the premises are effectively ventilated. Guests must be seated, unless access for persons aged 16 or over is restricted to persons with a vaccination or recovery certificate.

b.

Proprietors may restrict access to outdoor areas to persons aged 16 or over to persons with a certificate. If access to outdoor areas is not restricted, either the required distance must be maintained between each group of guests or effective partitioning must be in place.

c.

In the case of outdoor events to which access for persons aged 16 or over is restricted to persons with a certificate, this restriction also applies to the outdoor areas of restaurants, bars and clubs forming part of the event.²⁵

² ...²⁶

³ Workplace canteens, restaurants and food outlets in airport transit zones and social institutions, in particular those open to the public, may choose not to restrict entry to persons aged 16 and over with a certificate. However, in this case, they are required to have appropriate precautionary measures in place, such as requiring guests or groups of guests to maintain the required distance from each other and to remain seated while consuming food and drinks.²⁷

⁴ …²⁸

¹ Discotheques and dance venues must restrict entry for persons aged 16 and over to those with a certificate and record guests' contact details.

² Publicly accessible businesses and establishments in the culture, entertainment, leisure and sport sectors in which visitors do not only have access to outdoor areas must restrict entry for persons aged 16 and over to those with a certificate.³⁰

³ Discotheques and dance venues and businesses and establishments under paragraph 2 may the restrict access for persons aged 16 or over to persons with a vaccination or recovery certificate.³¹

¹ Access to outdoor events for persons aged 16 or over must be restricted to persons with a certificate. The organisers may restrict access for persons aged 16 or over to persons with a vaccination or recovery certificate.

² A restriction on access is not required if the following requirements are met:

a.

the maximum number of persons, whether visitors or participants, is 300;

b.

the visitors do not dance.

³ In the case of events involving family and friends (private events) with a maximum of 50 persons that take place outdoors but not in publicly accessible businesses and establishments, a restriction on access is not required and there is no requirement to draw up and implement a precautionary measures plan; only Article 4 applies.

¹ Access to indoor events for persons aged 16 or over must be restricted to persons with a certificate. The organisers may restrict access for persons aged 16 or over to persons with a vaccination or recovery certificate.

² In the case of religious events, funerals, events relating to the usual activities and services of authorities, events relating to the formation of political opinion and meetings of established self-help groups for addiction and mental health issues that are held indoors, a restriction on access is not required if the following requirements are met:

a.

The maximum number of persons, whether visitors or participants, is 50.

b.

The requirement to wear a face mask in accordance with Article 6 is observed; in addition, the required distance must be maintained where possible.

c.

No food or drinks may be consumed.

d.

The organiser must draw up a precautionary measures plan in accordance with Article 10 and implement the same.

e.

The organiser must record the contact data of the persons present.

³ In the case of private events with a maximum of 30 persons that are not held in indoor areas of publicly accessible establishments or businesses, a restriction on access is not required and the requirement to draw up a precautionary measures plan does not apply; only Article 4 applies. It is however recommended that access be restricted to persons with a certificate if more than 10 persons are present.

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.³⁵

the organiser submits a precautionary measures plan under Article 10.

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. The organisers may restrict access for persons aged 16 or over to persons with a vaccination or recovery certificate.³⁶

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.

The following applies to trade and consumer fairs:

a.

If the fair does not take place exclusively outdoors, access must be restricted to persons aged 16 or over with a certificate.

b.

The organiser must draw up and implement a precautionary measures plan in accordance with Article 10.

c.

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

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 2007³⁸.

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.

If the canton or tertiary-level educational institution restricts access to teaching and research activities in a Bachelor or Master degree course or a PhD programme to certificate holders, it is not exempt from the requirement to provide for appropriate protective measures, and in particular the requirement to wear a face mask in accordance with Article 6.

The following applies to persons engaging in sports or cultural activities:

a.

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

b.⁴⁰

If the activities are engaged in as part of events, Articles 14 and 15 apply with regard to restrictions on the number of persons and access.

c.

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

d.⁴¹

In the case of activities in indoor areas:

1.

For persons aged 16 and over, entry must be restricted to those with a certificate.

2.

Effective ventilation must be available.

3.

If no mask is worn during the activity, the proprietor of the establishment or the organiser of the activity must record the contact data.

In the case of the activities of organisations and institutions involved in public child and youth work involving persons under the age of 16, 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.

^1bis In indoor areas, including vehicles, in which two or more persons are present, each person must wear a face mask. The requirement does not apply to:

a.

activities during which a mask cannot be worn on safety grounds or because of the nature of the activity;

b.

persons not required to wear a face mask in accordance with Article 6 paragraph 2.⁴³

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.

^2bis They are entitled to verify that their employees hold a certificate pursuant to Article 3 if this serves the purpose of ensuring appropriate precautionary measures or implementation of a testing plan pursuant to Article 7 paragraph 4. The result of such a verification may not be used for any other purpose.⁴⁴

^2ter If the employer chooses to verify that its employees hold a certificate pursuant to Article 2^bis, this and any resulting measures must be recorded in writing. The employees or their representative body must be consulted in advance.⁴⁵

³ For the protection of particularly vulnerable employees, Article 27a of COVID-19 Ordinance 3 of 19 June 2020⁴⁶ also applies.

¹ Pursuant to the health protection provisions in Article 6 of the Employment Act of 13 March 1964⁴⁷, the authorities implementing the Employment Act and the Federal Act of 20 March 1981⁴⁸ 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.⁴⁹

as an operator or organiser, wilfully or negligently failing to comply with any of the following provisions: Article 10 paragraphs 1-3, Articles 12, 13, 14 paragraphs 1 and 2, 15 paragraphs 1 and 2, 17 paragraph 1, 18 letters a and b 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.⁵⁰

wilfully holding an event involving more persons than are permitted under Articles 14 paragraphs 2 and 3; and 15 paragraphs 2 and 3 letter a;

d.⁵¹

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

e.⁵² wilfully or negligently failing to wear a face mask in contravention of Articles 5 paragraph 1, 6 paragraph 1 or 15 paragraph 2 letter b 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 applies;

f. .⁵³

...

g.⁵⁴

as a guest in a restaurant, wilfully contravening the requirement to be seated in Article 12 paragraph 1 letter a;

h.⁵⁵

as a person aged 16 or over without a valid certificate pursuant to Article 3, wilfully obtaining access to an establishment, business or event for which such a certificate is required, other than in the case of a private event in accordance with Article 15 paragraph 3 letter a.

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 2020⁵⁶ 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 2020⁵⁷ remain valid until 30 June 2021.

¹ Until 24 January 2021, documentary proof that a person can neither be vaccinated nor tested on medical grounds is deemed equivalent to a certificate under Articles 3 paragraph 1 and 3a. As proof, a medical certificate from a doctor who is authorised to practise their profession under their own professional responsibility under the Medical Professions Act of 23 June 2006⁵⁹ is required.

² Events, businesses and establishments that restrict access for persons aged 16 or over to persons with a vaccination or recovery certificate, may, in derogation from Annex 1 number 2 letter a, use a different method to verify whether a certificate complies with Article 3a letter c until 12 December 2021.

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