Courtesy Translation: German Federal Chancellor's video conference with heads of the state governments on Feb. 16, 2022.

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WIESBADEN, HE, GERMANY

02.17.2022

Story by Nadine Bower 

U.S. Army Garrison Wiesbaden   

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Press Release from the Federal German Government from 17 FEB 2022
Courtesy Translation: Roland Schedel, Public Affairs Specialist

German Federal Chancellor's video conference with heads of the state governments on Feb. 16, 2022

DECISION

Press release 54
Wednesday, Feb. 16, 2022
Press and Information Office of the Federal Government (BPA)

The Omikron variant of the Corona virus is spreading in Germany. However, the peak of the Omikron wave seems to have passed in most states.

In its current statement dated Feb. 14, 2022, the German government's expert council assumes that the increase in numbers will come to an end in the next few weeks. As a result, the wave is expected to level off, and the number of new infections with the omikron variant BA.1 will decrease. Therefore, they said, now is the time to plan and communicate opening strategies with foresight.

Thanks to the responsible and prudent behavior of the vast majority of citizens, Germany has managed the Omikron wave comparatively well so far. The infection control measures have prevented the elderly and vulnerable people from falling ill in large numbers. This has saved many lives.

The experts point out that unvaccinated people are at the highest risk of severe disease progression, also due to Omikron infections - along with those over 60 and people with severe underlying illnesses. Currently, the number of new infections in the over-60 age group is still low compared to other age groups. However, this number is currently increasing. This means that the number of admissions to intensive care units would gradually increase for this age group.

According to the Expert Council, the unvaccinated and the elderly are likely to become more infected and ill again when protective measures are relaxed. These groups carry the highest risk for a severe course of the disease and must be further protected. In the age group over 60, the absolute number of unvaccinated people is still very high: currently, just under three million individuals are not "boostered" - meaning they have not yet had their third vaccination dose. 2.8 million individuals of this age group don't even have the two-step basic vaccination protection. Many other European countries, which are currently being looked at for wide-ranging opening strategies, have significantly higher vaccination rates - and younger populations.

At the same time, the expert council points out that the spread of the omikron variant BA.2 could lead to renewed increases in incidence and an extension of the omikron wave.

Against this background, the experts believe that there is a risk of renewed waves of infection in the fall at the latest. In addition to the risk of further mutations, previous virus variants such as the Delta strain would continue to circulate and could trigger new waves of infection. According to current knowledge, unvaccinated people are not reliably protected against infection with other variants after infection with the Omikron variant.

According to the expert council, we are now in a new phase of the pandemic. However, a high level of attention is required. It would seem sensible to scale back government infection control measures as soon as a stable decline in hospitalization and intensive care admissions and occupancy is seen. Opening the door too early would risk a renewed increase in the burden of disease.

Initially, it is still essentially mandatory to wear masks. They are highly effective, especially with highly contagious variants such as Omikron. The experts also point out that it is important to avoid contact with other people (self-isolation) and to test oneself in the event of corresponding symptoms.

The German Chancellor and the heads of the state government agree that the infection protection measures currently in place should now be scaled back responsibly and in controlled steps. It is important to proceed in as coordinated a manner as possible in all 16 Federal states. The following applies: as many restrictions as possible in the current situation should be withdrawn. At the same time, as many accompanying measures as necessary should be maintained in order not to jeopardize what has been achieved and to continue to protect citizens as well as possible from severe courses of the disease.

The federal and state governments will continue to intensively promote vaccination and make vaccination offers that are easy to reach. After all, vaccination helps. The Expert Council also believes that at least triple vaccination is the most effective tool for minimizing the burden of the disease from COVID-19 and gradually bringing the pandemic to an end. Existing immunity gaps should be closed and a new wave of infection in the fall/winter should be prevented.

Against this background, the Federal Chancellor and the heads of governments of the German states reach the following agreements:

1. The Federal Chancellor and the heads of government of the federal states agree on a three-step process of opening up in areas of cross-regional or fundamental importance. In areas that have little or no cross-regional impact, the states will decide on their own responsibility on opening steps in light of differences in infection incidence and vaccination rates and the burdens on the health care system. By the start of spring on Mar. 20, 2022, the far-reaching restrictions on social, cultural and economic life are to be gradually rolled back. After that, basic protective measures such as the wearing of medical masks in particular are to take effect. The following system is based on the current situation assessment and forecast. Before each step, it has to be examined in both directions whether the planned measures are appropriate to the situation.

a. In a first step, private meetings for vaccinated and recovered persons will again be possible without limiting the number of participants. Due to the special vulnerability of the unvaccinated individuals, the restrictions in these individuals will remain in place until March 19, 2022. Once an unvaccinated person attends a meeting, the contact restrictions for unvaccinated persons continue to apply: The meeting is then limited to the person's own household and no more than two people from another household. Children and adolescents up to the age of 14 are exempt.

If not already provided for or implemented, the restriction on access that has often applied in the past will no longer apply in the retail sector. Access to the retail sector is to be possible nationwide for all persons without controls. In any case, medical masks must be worn to counter the still high risk of infection indoors. The use of FFP2 masks is recommended unless required by state law.

b. In a second step, taking into account the situation in hospitals, from Mar. 4, 2022 on, access to gastronomy will be made possible for vaccinated persons, recovered persons and persons with a daily test (3G regulation). Overnight accommodation will also be available to vaccinated persons, recovered persons and persons with a daily test (3G regulation).

Discotheques and clubs ("Tanzlustbarkeiten") are open for recovered and vaccinated persons with daily updated test or with third vaccination (2G-Plus).

At major cross-regional events (including sports), recovered individuals and vaccinated persons (2G regulation or recovered and vaccinated persons with a daily test or third vaccination (2G plus regulation)) may participate as spectators. For indoor events, a maximum occupancy of 60 percent of the maximum capacity is permitted, not to exceed 6,000 spectators. For outdoor events, a maximum occupancy of 75 percent of the maximum capacity is permitted, not to exceed 25,000 spectators. Medical masks (preferably FFP2 masks) should be worn and hygiene concepts should be provided.

c. In a third and final step, starting on Mar. 20, 2022, all more in-depth protective measures should be eliminated if the situation in the hospitals permits. Home office regulations, which are mandatory under the Infection Protection Act, will also be eliminated. However, employers may continue to offer home office options in agreement with employees if there are no operational reasons to the contrary and this is in the interest of operational infection protection (e.g., when working in open-plan offices).

2. The Federal Chancellor and the heads of the governments of the German states agree that low-threshold basic protection measures are needed to contain the incidence of infection and protect vulnerable groups, even beyond Mar. 19, 2022. In the view of the federal states, these include, in particular, mask requirements in indoor areas of public facilities as well as in buses and trains, the distance requirement, general hygiene requirements, the possibility of providing for testing requirements in certain areas, and the obligation to provide proof of vaccination, recovery, and testing status. These options are also necessary for schools and daycare facilities. In addition, in the view of the German states, area-specific protective measures must continue to be possible for facilities with vulnerable persons (in particular hospitals, nursing and comparable facilities) in order to also effectively protect persons who are particularly at risk. The federal states ask the German Bundestag to create the legal basis for them to be able to take appropriate measures. They note that a corresponding legislative procedure is currently being prepared in the Federal Republic. It is to be completed in good time before Mar. 20, 2022, and is also to include a provision for supplementary protective measures in the event of a local outbreak in individual states, districts or independent cities where there is a risk of the local capacities of the healthcare system being overloaded. Should the infection situation worsen significantly after Mar. 20, 2022, and more extensive protective measures are needed to contain the virus, the federal government will swiftly initiate the necessary legislative procedures to create the legal basis needed to do so.

3. The Federal Chancellor and the heads of the government of the German states ask citizens to continue to behave responsibly to protect their own health and the health of their families and friends. It is particularly important to pay attention to the spatial conditions at private gatherings, to test oneself on one's own responsibility and to take appropriate hygiene measures to protect those taking part. This is because the risk of new infections remains high there. Responsible action is important in this phase of the pandemic, especially to protect elderly and pre-infected citizens and to allow them to participate safely in gatherings and events.

4. The Federal Chancellor and heads of government of the German states ask the expert commission set up to evaluate the Infection Protection Act to complete its important work in time for the findings to be incorporated into a more fundamental revision of the Act in good time before the fall of 2022.

5. Efficient monitoring of the indicators that determine the burden of disease can serve as an early warning system. The Federal Chancellor and the heads of government of the German states ask the health ministers to work on ensuring that the parameters relevant for recording the burden of the disease (7-day incidence of new infections, incidence of hospitalizations, occupancy of intensive care units) can be recorded and digitally transmitted on an age-dependent, daily basis, in regionalized form and with good quality. This requires systematic data collection, as called for by the Expert Council in its 4th statement of Jan. 22, 2022.

6. The Federal Chancellor and the heads of government of the German states urge all citizens to take advantage of the existing vaccination offers. Vaccination helps. We will only be able to defeat the virus if significantly more people in Germany are vaccinated. Vaccination is safe and protects. Sufficient vaccines are available. The federal government has launched an information campaign to support the efforts of the states to make easy-to-reach vaccination services available everywhere. It is intended to reach in particular those who have not yet been able to decide to be vaccinated. All experts agree that vaccination can effectively reduce the burden of disease from COVID-19 and thus prevent severe courses. A triple vaccination protects well against severe courses caused by the omicron variant. A high vaccination rate is the basic prerequisite for permanently dispensing with infection control measures and accepting a seasonal increase in infection cases. This is because only a high vaccination rate can prevent a high number of severe courses and the associated burden on the healthcare system. Against this background, the Federal Chancellor and the heads of government of the German states reaffirm the need to introduce a general vaccination requirement.

7. Patients and those in need of care and people with disabilities should be better protected against COVID-19 disease. Therefore, employees in health and care facilities and in integration assistance for people with disabilities are required by law to prove that they have been vaccinated or have recovered (or cannot be vaccinated for medical reasons). With the aim of continuing to ensure comprehensive care in the facilities concerned, the federal and state health ministers are currently engaged in an intensive coordination process. The health authorities have discretion in implementing the measures. An entry ban represents the final stage. For this reason, such entry bans will not be issued automatically across the board immediately. The opportunity principle applies to fine proceedings.

8. In the revision of the COVID-19-Schutzmaßnahmen-AusnahmenVerordnung (SchAusnahmV) initiated by the Federal Minister of Health, the delegation to the Paul Ehrlich Institute (PEI) and Robert Koch Institute (RKI) with regard to the definitions of vaccinated and recovered status is omitted. The rights of the states are preserved.

9. The heads of state governments ask the federal government to develop a testing strategy beyond Mar. 31, 2022, and to extend the testing regulation.

10. To take into account the increased incidence worldwide due to Omikron, the federal government will adjust the classification of high-risk areas. This is primarily to facilitate travel for families, as children under 12 are often not vaccinated and therefore cannot escape quarantine. This will be taken into account in the upcoming review of the relevant regulations.

11. In order to provide the best possible treatment to people suffering from Corona, the Federal Ministry of Health negotiated the supply of the oral therapeutic agent Paxlovid at an early stage. When taken early, the drug has high efficacy against COVID-19.

12. Children and adolescents have shown great solidarity over the past two years, but they are also suffering particularly from the pandemic and the restrictions it imposes. The Chancellor and the heads of government of the German states emphasize the need to continue to make every effort to mitigate the consequences of the pandemic for children and adolescents.

13. The federal states welcome the federal government's decision to extend the period of entitlement and special regulations for short-time allowance. For example, companies affected by work stoppages since the start of the COVID 19 pandemic will continue to be able to claim short-time allowance after Mar. 31, 2022. Bridging Assistance IV, a key Corona aid instrument, will also be extended until Jun. 30, 2022 to provide proven support to companies in times of continued uncertainty. The complementary Restart and Hardship Assistance programs will be extended in parallel with Bridging Assistance IV. The federal and state governments will take all necessary measures to prevent the criminal misuse of economic assistance. Based on the data already available in this regard, the federal states will provide sufficient organizational and human resources to investigate and prosecute suspected criminal acts beyond the assistance period. The Federal Government and the federal states will regularly inform each other of the measures they have taken and the results achieved. The federal states welcome the fact that the federal government will extend the assistance provided by the Special Fund for Cultural Events. In view of the burdens on hospitals, the federal states ask the federal government to extend the regulations on compensation payments, care surcharges and the designation of preventive and rehabilitation facilities as substitute hospitals until Jun. 30, 2022. The heads of government of the German states reaffirm the resolutions of the Conference of Economics Ministers of Feb. 8, 2022, and continue to believe that targeted aid is necessary.

14. The federal and state governments will closely monitor further developments of the infection. The head of the Federal Chancellery will regularly exchange information on the situation with the heads of the state and senate chancelleries. The Chancellor and the heads of the state governments will meet again on the Corona pandemic on Mar. 17, 2022. If the situation requires, they will meet earlier.


Protocol Statement by the State of Baden-Württemberg:

1. With regard to the Infection Protection Act, Baden-Württemberg calls on the federal government to initiate a solution that will enable the states to take necessary infection protection measures even after Mar. 19, 2022.

2. The opening steps jointly sought by the federal government and the states require safeguarding through appropriate measures. In addition, it must be ensured that the states can react appropriately to the hopefully not occurring case of an unexpectedly strong increase in cases with an overload of hospital care. An opening without safeguarding contradicts the precautionary principle.

3. Against this background, an extension of the period of validity of Section 28a (7) and (8) IfSG by up to three months is appropriate. This also applies to Section 28b (1) IfSG, insofar as infectiologically risky areas are concerned (discotheques, meat processing plants, seasonal agricultural work, body-related services), and Section 28b (2) IfSG.

Protocol declaration of the Free State of Bavaria:

1. Bavaria is concerned about the protection of our children and adolescents in schools and daycare facilities if the infection protection legal basis for the current protective measures is eliminated or weakened. Safe face-to-face teaching in schools and the health protection of students during examinations are of central importance. A "contagion" of the younger generation is unacceptable. The federal government has a responsibility to continue to provide the legal means for consistent approaches including masking and testing requirements to protect students.
This also applies to safe care for children in daycare facilities.

2. Bavaria is committed to facility-based mandatory vaccination, but emphasizes the need for practical, uniform enforcement rules across the country. In particular, there must be no care chaos at the start of enforcement, which is why numerous unresolved issues still need to be clarified. The dialog that has begun between the federal government and the states must now be brought to a swift conclusion. The handout presented by the federal government to date is at best a first step. The absolute priority for a balanced implementation must be the security of care for people in need of treatment and care.

Protocol declaration of the Free State of Saxony

The Free State of Saxony regrets that the advice of the municipal level to the federal government on the implementation of the facility-based vaccination obligation has not been heard. The requests for help from the many independent providers of facilities in the health and care sector and the criticism of the design have not been taken seriously. Many health and care workers have done outstanding work over the past two years of the pandemic. We owe a great deal to their commitment. They and the people in our country rightly expect politicians to come up with a practical solution.

Ensuring the provision of healthcare and nursing care remains a top priority. Leaving this balancing process to the municipal level alone creates a lack of understanding and frustration. The facility-based vaccination requirement was decided against the background of the Delta variant. With the omicron variant, the framework conditions have changed fundamentally. In its 6th statement of February 13, 2022, the expert council of the federal government points out that the strong immune escape of the Omikron variant also leads to increased infections among vaccinated and recovered persons. The legislative purpose of facility-based mandatory vaccination can currently no longer be achieved. This should be acknowledged and the legal situation should be reviewed in connection with the amendment to the Infection Protection Act that is planned by the German government anyway.

As long as the preconditions for a general vaccination obligation are not clarified precisely, there can be no such obligation. From the point of view of the Free State of Saxony, a decision on this is only possible once a vaccination register has been established, there is further knowledge of possible virus variants and appropriate vaccines are available in sufficient quantities. Broad social acceptance for such a step is a prerequisite for success.
The Free State of Saxony considers the extensive abolition of the list of measures in the Infection Protection Act to be hasty. Declaring the pandemic over on the basis of a calendar date with the expiry of statutory enabling legislation and without taking into account health system criteria such as bed occupancy is wrong. A broad set of instruments must continue to be available to the states in order to be able to act quickly in an emergency.


Protocol statement by the state of Saxony-Anhalt:

1. Saxony-Anhalt considers the decision of the Conference of Minister Presidents and the Federal Chancellor to be an orientation framework for the actions of the federal states and reserves the right to deviate, taking into account local circumstances.

2. Saxony-Anhalt considers the departure from the constitutionally required standard of the danger of overloading the health care system to be problematic; this criterion has so far been the guiding principle for taking protective measures.

3. Following the resolution of the GMK of February 15, 2022, Saxony-Anhalt points out that important enforcement issues are still open with regard to the facility-based vaccination obligation. The present handout of the BMG is relevant, but remains non-binding. It remains questionable whether, taking into account the still unresolved labor law issues (No. 4 of the GMK resolution) and ensuring care in regions with high rates of unvaccinated employees in the affected facilities, it can be a sufficient flanking measure for law-abiding enforcement of the vaccination obligation.

Protocol declaration of the states of Hesse and Baden-Württemberg:

Hesse and Baden-Würtemberg consider a vaccination registry to be necessary in order to effectively counter pandemic situations in the future.


Protocol statement by the state of Schleswig-Holstein on paragraph 1, letter a:

The high vaccination and booster rates in all age groups in Schleswig-Holstein compared to other German states, as well as the stable situation in hospitals for weeks, already allow for a moderate adjustment of contact restrictions for gatherings in which unvaccinated persons also participate as a first step - in parallel to the lifting of contact restrictions for vaccinated and recovered persons.