Last Updated on July 5, 2021 by LawEuro
Full citation: Ordinance on protection against infection risks related to entry to Germany with regard to novel mutations of the SARS-CoV-2 coronavirus subsequent to the determination of an epidemic situation of national significance by the German Bundestag of 29 January 2021 (BAnz AT 29.01.2021 V1), last amended by the Ordinance of 27 April 2021 (Federal Gazette, Official Section, 28.04.2021, V1)
The Federal Government hereby issues the following Ordinance on the basis of section 36 (10) sentence 1 no. 2 (a) of the Protection Against Infection Act of 20 July 2000 (Federal Law Gazette I, p. 1045), as revised by Article 1 no. 18 (d) of the Act of 18 November 2020 (Federal Law Gazette I, p. 2397):
Section 1
Ban on carriage
(1) Carriers which carry passengers by means of cross-border rail, bus, sea or air traffic from a risk area which has been determined by the Federal Ministry of Health, in agreement with the Federal Foreign Office and the Federal Ministry of the Interior, Building and Community, to pose a particularly high risk of infection with the SARS-CoV-2 coronavirus because there is widespread occurrence of certain variants of the SARS-CoV-2 coronavirus in that risk area (ʻarea of variant of concernʼ pursuant to section 3 (2) sentence 1 no. 2 of the Ordinance on Coronavirus Entry Regulations (Coronavirus-Einreiseverordnung)) are prohibited from carrying passengers from that area to the Federal Republic of Germany.
(2) The ban does not apply to
1. the carriage of persons who have their place of residence and right of residence in the Federal Republic of Germany,
2. the carriage of persons who are merely stopping over in the Federal Republic of Germany within the transit area of a commercial airport,
3. exclusively mail, cargo or unladen transports,
4. the repatriation of aircraft, ships and crews,
5. the transportation of personnel in the public health interest, air-ambulance flights and flights carrying organs for transplantation, as well as the necessary escort personnel,
6. carriage for urgent humanitarian reasons,
7. carriage on behalf of the EURATOM Safeguards Office, the International Atomic Energy Agency as well as the United Nations and its organisations, or carriage of members of a foreign diplomatic mission or consular post whose appointment and arrival have been notified to the Federal Foreign Office.
(3) The carrier is required to notify each planned carriage in accordance with subsection (2) no. 1 to Federal Police Headquarters no later than three days prior to the planned entry into the Federal Republic of Germany. This does not apply to local public transport.
(4) In all other cases, the provisions of the Ordinance on Coronavirus Entry Regulations remain unaffected in the cases under subsection (2).
Section 2
Administrative offences
Anyone who intentionally or negligently, contrary to section 1 (1), does not prohibit passengers from travelling with them, is deemed to have committed an administrative offence within the meaning of section 73 (1a) no. 24 of the Protection Against Infection Act (Infektionsschutzgesetz).
Section 3
Entry into force; expiry
This Ordinance enters into force on 30 January 2021; it ceases to be effective upon revocation of the determination of an epidemic situation of national significance by the German Bundestag in accordance with section 5 (1) sentence 2 of the Protection Against Infection Act, or else upon the expiry of 12 May 2021 at the latest.
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