Event management during the Corona pandemic

Guidelines for hygiene planning – A framework for holding safe events!

FAQ -- Answers to the questions

1. Legal issues

• Are business meetings and conferences still allowed?

  Business meetings and conferences are still allowed. The current upper limits for persons and access conditions for events (see above) must be observed.

• Does my event need official approval?

  Events within the permissible upper limits of persons (see above) are not subject to approval.

  According to § 5 (1) of the Berlin Infection Protection Ordinance, those responsible must prepare an individual protection and hygiene concept in accordance with the specific requirements of the event in question and submit it to the responsible authority upon request.

  
  This means that the local health or public order office can demand the hygiene concept. However, you do not have to submit it without being asked in order to obtain a permit. Of course, this does not affect other district licensing obligations outside of the Corona regulations, e.g. when using public street space, etc.

• Have the health authorities authorised the Guidelines?

  Yes, all the districts (health authorities) have received the guidelines in advance and have had the opportunity to comment. In addition, event organisers can refer to the fact that, in accordance with the ordinance, the guidelines have been agreed with the Berlin Senate Department for Economic Affairs, Energy and Public Enterprises as well as the Senate Department for Health, Care and Gender Equality and approved as Hygiene Guidelines.

• How is "persons present" in the Infetion Protection Ordinance defined?

  The Infection Protection Ordinance refers to “persons present at the same time”, i.e., all persons present including employees and visitors equally.

• Who does “those responsible for events” refer to?

  The "persons responsible for events" are always the event organizers who are responsible and liable for the event.

• Do vaccinated & genesis guests count at events in terms of caps?

  Vaccinated persons (also with booster vaccination or negative test) and convalescents are still to be taken into account with regard to the applicable upper limits in the census.
  
  

• If claims for damages arise, who would be the liable party?

  Legal rulings on the questions of liability and claims for damages at an event in the case of a coronavirus infection are decided individually on a case-to-case basis.

  In principle, the following applies: The stronger the evidence of the hygiene plan being implemented in an orderly manner, the less successful an infected person or their relatives would be in pursuing a claim against the organiser.
  Or in legal terms: Where the hygiene plan and industrial safety provisions have been implemented in an orderly manner, the duty of care would not be violated in a way providing a legal prerequisite for claims derived from contractual, criminal or other special laws (Infection Protection Act (Infektionsschutzgesetz), industrial health and safety provisions).

• What happens if the Infection Protection Ordinance changes again?

  As soon as there are any changes regarding the currently valid regulation, these will be taken into account here as soon as possible.

   

   

   

• Are event-exhibitors considered "staff"?

  If we count exhibitors as personnel, § 8a para. 2 no. 2 applies: "Personnel who come into direct contact with customers or spectators may only consist of persons as defined in no. 1 (i.e. 2G) or must provide evidence of a negative test as defined in § 6 on each day of employment, in which case those responsible are obliged to document the result of the test,".

  Other persons who are not personnel (e.g. subcontractors) are listed by the addition in § 8a para. 2 no. 3: "No persons who do not fall under § 8 para. 2 nos. 1 to 4 (i.e., are not 2G) may be present in the areas of the operating or event rooms in which the 2G condition applies; no. 2 (i.e., the point above) applies accordingly,"

  An alternative likewise in Section 11(2), i.e., the events paragraph: "Persons who perform artistic performances at events or otherwise make contributions that are indispensable to the running of the event and cannot be justified by other persons need not belong to the group of persons under Section 8(2)(1) to (4) (i.e., 2G) if they provide evidence of negative testing as defined in Section 6."

  Therefore: test is enough. This must be proven and documented on the day of the exhibitor's work assignment. "Test within the meaning of § 6" means that the rules there apply. So a 24h old rapid or 48h old PCR test must be presented on the day of the work assignment.

2. Hygiene measures

• What are the current social distancing regulations?

  At events, suitable measures must always be taken to ensure that the minimum distance of 1.5 m between visitors is maintained. For event areas, appropriately dimensioned seat spacing and passage widths are to be planned as part of the seating plans. 

  The minimum distance of 1.5 m may be undercut if the event takes place indoors, as here compliance with an FFP2 mask requirement (also at the fixed seating area) as well as exclusive access of recovered and vaccinated persons additionally negative test or booster vaccination ("2G-Plus") apply. The distance restriction also does not apply to outdoor events with 1000 persons or more with FFP2 mask obligation (except at the fixed seat) and "2G-Plus" regulation.

  The ordinance does not provide any specific information on the extent to which the minimum distance can be undercut. The organiser can determine this in his hygiene concept in an infectiologically sensible manner if it is ensured that sufficient measures are taken to protect against droplet infections/aerosols.
   

   

• Do attendees have to wear a face mask?

  At events, visitors are generally required to wear an FFP2 mask. Exception: At events with less than 1000 participants // outside, a medical mask is sufficient.
  The obligation to wear masks also applies indoors at the fixed seating area outdoors the masks may be removed at the fixed seating area.

• Do the personnel have to wear a face mask?

  Yes, masks are compulsory for event staff (medical mask).

• Who is responsible for monitoring the distance / hygiene regulations?

  The event organisers responsible and liable for the event are required to implement the requisite social distancing and hygiene measures and ensure these are followed. If clients or customers act as organisers, they must bear the liability in cases where regulations are violated.

  The event organisers must ensure that all service providers involved in the event are informed of the social distancing and hygiene regulations and pass this relevant information on to their employees.

  During the event, stewards and security staff are to monitor compliance with the valid social distancing regulations in the guest areas, avoid congestion leading to larger groups (if necessary, by additional mobile patrols), and disperse such groups if they should form.

• What are the specifications for mechanical ventilation?

  Events are to take place in spaces where adequate ventilation is ensured. The aim is to exchange the room air and provide a continual and defined supply of fresh air to the event spaces and rooms. Existing ventilation/air conditioning systems are to be operated where possible with fresh air and circulating air is to be avoided.

  Event rooms without air conditioning or ventilation systems are to regulate the supply of fresh air via windows, skylights, smoke dampers, and doors, etc. The spaces are to be aired at least 45 minutes before the event begins / the rooms are opened, and airing should continue where possible until the end of the event / the opening hours for visitors. At least once an hour, spaces are to be thoroughly aired for at least ten minutes by cross ventilation / intensive airing by opening the windows, skylights, smoke dampers, doors, etc. as wide as possible.

  These measures vary depending on the technical and spatial conditions in the particular event spaces and rooms. A concrete ventilation and airing plan is to be drafted which is adapted for the particular venue and takes into account the pertinent recommendations, opinions, and statements. (Statement by the Indoor Air Hygiene Commission (IRK) of the Federal Environment Agency: Link 1, Recommendations of the Federal Institute for Occupational Safety and Health (BAUA): Link 2.)

  For further details see in the Hygiene Framework Concept point 3.6.

3. Mandatory testing

• Does the testing obligation also apply to event staff?

  Yes, the wording in the Infection Protection Ordinance refers to all persons present and includes both employees and visitors.

• How is proof of negative tests to be provided?

  Option 1: Participant is tested on-site with a point-of-care (PoC) antigen test (test site at the event location)

  Option 2: Participant performs a point-of-care (PoC) antigen test for self-testing on-site under the supervision of the respective responsible person or persons appointed by her/him (self-testing site at the event location)

  Option 3: Participant submits a written or electronic certificate of a negative test result of a point-of-care (PoC) antigen test or self-test for SARS-CoV-2 coronavirus infection within the last 24 hours (decentralised testing) to the relevant responsible person or persons authorised by him/her.

  Option 4: Participant submits written or electronic certification of a daily negative test result of a current PCR test that is no more than 48 hours old to the respective responsible person or persons authorized by her/him (decentralized testing)

• Are vaccinated & recovered persons (also) obliged to be tested?

  For participation in 2G-Plus events, the testing obligation is waived for persons who have received a booster vaccination.

  
  For participation in (2G and) 3G events, the testing obligation is waived for the following groups of persons:

  1. vaccinated persons who have been vaccinated with a vaccine approved by the European Union and whose last required vaccination was at least 14 days ago,

  2. vaccinated persons who have been issued a vaccination certificate in a third country outside the European Union for an administered COVID-19 vaccine which is equivalent to one of the COVID-19 vaccines referred to in Article 5(5) of Regulation (EU) 2021/953,

  3. recovered persons who have a positive PCR test result for SARS-CoV-2 coronavirus infection more than six months old and who have received at least one vaccination against COVID-19 with a vaccine authorised by the European Union and at least 14 days old,

  4. recovered persons who can demonstrate a positive PCR test result for SARS-CoV-2 coronavirus infection at least 28 days and not more than six months ago.

  
  

• Are children required to be tested?

  The testing obligation is waived for children up to the age of six and for pupils who are subject to regular testing in the context of school attendance (e.g. the pupil ID card can be used as proof, but this does not apply during school holidays, as no regular testing takes place during this time). For children from 6 years of age who are subject to regular testing in the context of attending a day-care centre, the testing obligation is also waived.

• What are the requirements for the required test certificate?

  Certification of a negative test result from a current point-of-care (PoC) antigen test, including those for self-administration, or PCR test for SARS-CoV-2 coronavirus infection must have:

  - At a minimum, the date and time the test was performed,

  - the name of the person tested,

  - and the institution that performed or supervised the test.

  The certification shall conform to the model provided by the Senate Office of Health.

  The certification of a point-of-care (PoC) antigen test for self-administration as well as the supervision of the testing may only be carried out by a person authorised for this purpose by the respective responsible persons within the scope of the commissioning.

• Is there a documentation requirement for tests performed?

  Yes, the performance of the test is to be recorded in the attendance documentation according to § 4. This must be kept or saved for a period of two weeks, 48 hours if digital applications are used, after the end of the event.

• Do hygiene regulations apply despite negative coronatests?

  The obligation to carry out coronation tests and/or the application of the 2G or 2G-Plus conditions at events does not exempt from the basic obligation to take precautions and comply with the applicable hygiene regulations according to the Infection Protection Measures Ordinance. These must be ensured by the organiser during the entire production period.

• What time regulations have to be observed with regard to the tests?

  A negative test result, which is not older than 24 hours (PoC antigen test) or 48 hours (PCR test) at the time of admission, must be presented at each admission situation (start of event).

• Is a daily test required even for events lasting several days ?

  Yes, a negative test result that is not older than 24 hours (PoC antigen test) or 48 hours (PCR test) at the time of admission must be presented at each admission (start of event).

  If the event starts quite early the next day, the test from the previous day may still be sufficient. However, as soon as the 24-hour time limit is exceeded at entry, a new test is necessary, regardless of whether it is the same event series.

  
  

• What measures must be taken in the event of a positive test?

  Persons tested positive are not allowed to enter the venue. A person tested positive on site must immediately go into quarantine in compliance with the AHA rules, report to the responsible health authority and report to a responsible doctor for a PCR test. Quarantine of all event participants is not required.

4. Participant management

• What (contact) data do I need to collect from the attendees?

  At events, attendance has to be documented to provide the information to allow attendees to be traced if necessary. The attendance documentation must include at least the following information:

  - Name and family name

  - Phone number

  - District or municipality of the place of residence or permanent residence
  (dispensable when using digital applications)

  - Full address and email address, if available - These are the private addresses of those present!

  - Time the person was present

  - conducting of testing, if provided on-site, Certificate of negative test result, proof of vaccination or convalescence. If the proof of vaccination or convalescence is kept electronically, it is not necessary to document the presentation of this proof in the attendance documentation. 

  - Seat or table number, if available.
  (dispensable when using digital applications)

   

  The already existing data from the ticket booking can be used, if necessary supplemented by other necessary data. If there is a justified need, the data shall be made available exclusively to the health authorities.
  Consent to data storage must be obtained in each case (in accordance with DSGVO requirements).

  Contact data collection can be done through digital applications (apps).

• How long do I have to keep the attendance records?

  The attendance documentation must be kept for a period of two weeks, 48 hours if digital applications are used, after the end of the event. They are to be kept or stored in a place not accessible to third parties. After the required period, the attendance lists are to be deleted or destroyed.

  The attendance record shall be made available to the competent authorities on request for the purpose of monitoring the obligations under paragraphs 1 and 2. In addition, the attendance record shall be handed over to the competent authorities on request or made accessible to them in another appropriate manner if it is established that a person was ill, suspected of being ill, infectious or an excretor within the meaning of the Infection Protection Act at the time of the event, the visit or the use of the service.

• Is there a documentation obligation of vaccinated/genetically proven?

  According to § 4 para. 1 no. 7, only the performance of the test (e.g. if the guest performs a self-test on site under the supervision of the staff) or the presentation of a certificate must be documented. Whether the certificate is a recovery certificate, vaccination certificate or negative test result must not be recorded separately, if only to protect health data.

  The recommendation of the Senate Department for Economic Affairs, Energy and Enterprises - in consultation with the health administration - is to note in the attendance documentation in a column "certificate submitted" or "obligation not applicable" (e.g. for vaccinated persons and children under 6 years of age). In this way, no health data is recorded.

5. Other

• What are the limits on numbers for streaming-only events?

  Streaming events are to be treated legally like film shoots or television recordings and thus fall into the category of "regular professional practice" in the sense of "enabling an event". Accordingly, the maximum person limits for events specified in § 11 of the SARS-CoV-2 Infektionsschutzverordnung do not apply to this type of event.

  Regardless, of course, the distance and hygiene rules apply as they do for other occupations, and no regular attendees may be physically present. Those present must be indispensable for the creation of the live panel (camera operators, cable operators, sound assistants, beauticians, etc.).

   

• Are self-service buffets permitted?

  Gastronomic offerings in the indoor area are only permitted under the 2G-Plus condition. Outdoor catering is not subject to the 2G condition.

  
  In addition to self-service buffets, seated meals (indoors) with on-site service are also possible. 
  A "flying buffet" and the consumption of food and drinks while standing is also possible, provided that the event takes place under 2G conditions and the food is consumed at tables. Standing tables and counters are also considered tables

  .
  In the outdoor catering area, food and drinks may also only be consumed at tables, provided the event has not been placed under 2G conditions.  This also includes bar tables and counters. Under the 2G condition, food may also be consumed away from tables.

   

• Can I book a band to perform at an indoor event?

  As a performance, bands and vocal music are allowed indoors. In the Hygiene Guidelines of the Senate Department responsible for culture, singing together and a band performing are subject to the conditions stipulated under IV (see Infection Protection Ordinance, Section 5, Para. 1).

• What requirements are there for exhibitions?

  For the entire duration of the exhibition, the event organiser is to ensure compliance with the hygiene regulations, the valid social distancing regulations and further coronavirus health and safety standards (Federal Ministry of Labour and Social Affairs).

  Appropriate methods, such as floor markings, room partitions, automated gate systems, signal light systems and pull principles can help to regulate flows at entrances and exits so they comply with the present regulations on social distancing. Allocating time slot tickets helps to avoid queues forming in the entrance areas.

  The flow of visitors can be smoothly steered by marking traffic paths. Flows of people in opposite directions are to be avoided through the use of one-way systems, distance markers and spacers. The currently valid regulations on social distancing must also be applied at stands for merchandise, sponsors, etc.

  Interaction with visitors is only possible under very strict conditions, and these must be set out in the individual hygiene plan. Interactive displays and devices must be cleaned after each use.

  Organisers have to ensure that visitors or participants are informed of the valid hygiene and safety measures even during the exhibition (if appropriate, via announcements).

  During the event / exhibition, stewards and security staff are responsible for ensuring compliance with social distancing regulations.

• Is dancing at events possible?

  Dancing is not permitted until further notice.