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1 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. Ordinance on Measures to Combat the Coronavirus (COVID-19) (COVID-19 Ordinance 2) of 13 March 2020 (Status as of 2 April 2020) The Swiss Federal Council, on the basis of Article 7 of the Epidemics Act of 28 September 2012 1 , on Annex I Article 5 of the Agreement of 21 June 1999 2 between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the Free Movement of Persons and on Article 28 of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 3 on a Union Code on the rules governing movement of persons across borders (Schengen Borders Code), 4 ordains: Chapter 1 General Provisions 5 Art. 1 Subject matter and purpose 6 1 This Ordinance orders measures applicable to the population, organisations and institutions and the cantons to combat and reduce the risk of transmission of the coronavirus (COVID-19). 2 The measures serve to: a. prevent or contain the spread of the coronavirus (COVID-19) in Switzer- land; b. reduce the frequency of transmission, break transmission chains and prevent or contain localised outbreaks; AS 2020 773 1 SR 818.101 2 SR 0.142.112.681 3 OJ L 77 of 23.3.2016, p. 1; last amended by Regulation (EU) 2017/458, OJ L 74 of 18.3.2017, p. 1. 4 Amended by No I of the O of 18 March 2020, in force since 19 March 2020 (AS 2020 841). 5 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 6 Inserted by No I of the O of 16 March 2020, in force since 17 March 2020 (AS 2020 783). 818.101.24
Transcript
Page 1: 818.101.24 Ordinance on Measures to Combat the Coronavirus ... · b.14 they have a travel document; and 1. a residence document, in particular a Swiss residence permit, a cross-border

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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Ordinance on Measures to Combat the Coronavirus (COVID-19)

(COVID-19 Ordinance 2) of 13 March 2020 (Status as of 2 April 2020)

The Swiss Federal Council,

on the basis of Article 7 of the Epidemics Act of 28 September 20121, on Annex I Article 5 of the Agreement of 21 June 19992 between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the Free Movement of Persons and on Article 28 of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 20163 on a Union Code on the rules governing movement of persons across borders (Schengen Borders Code),4

ordains:

Chapter 1 General Provisions5

Art. 1 Subject matter and purpose6

1 This Ordinance orders measures applicable to the population, organisations and institutions and the cantons to combat and reduce the risk of transmission of the coronavirus (COVID-19).

2 The measures serve to:

a. prevent or contain the spread of the coronavirus (COVID-19) in Switzer-land;

b. reduce the frequency of transmission, break transmission chains and prevent or contain localised outbreaks;

AS 2020 773 1 SR 818.101 2 SR 0.142.112.681 3 OJ L 77 of 23.3.2016, p. 1; last amended by Regulation (EU) 2017/458, OJ L 74 of

18.3.2017, p. 1. 4 Amended by No I of the O of 18 March 2020, in force since 19 March 2020

(AS 2020 841). 5 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 6 Inserted by No I of the O of 16 March 2020, in force since 17 March 2020

(AS 2020 783).

818.101.24

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c. protect persons at high risk;

d. ensure Switzerland’s capacities to manage the epidemic, in particular to maintain the conditions required to provide the population with adequate care and a sufficient supply of therapeutic products.

Art. 1a7 Responsibility of the cantons

Unless this Ordinance provides otherwise, the cantons shall retain their responsibili-ties.

Art. 1b8 Enforcement

The cantons shall monitor compliance with the measures on their territory, unless the Confederation is responsible for enforcement. Chapter 2 Maintenance of Capacities to provide Healthcare9

Section 1 Principle10

Art. 2 Principle

1 In order to maintain Switzerland’s capacities to manage the COVID-19 epidemic and in particular to guarantee the conditions required to provide the population with adequate care and a sufficient supply of therapeutic products, the following measures in particular must be taken.

a. measures to restrict the entry of persons from high-risk countries and areas;

b. controls on exports of goods important to the provision of healthcare.11

2 High-risk countries or areas are in particular countries or areas in which the author-ities have taken exceptional measures to prevent and combat the COVID-19-epidemic. A list of high-risk countries and areas is published in Annex 1 to this Ordinance. The Federal Department of Justice and Police (FDJP) shall compile and regularly update the list in consultation with the Federal Department of Home Af-fairs (FDHA) and the Federal Department of Foreign Affairs (FDFA).12

7 Inserted by No I of the O of 16 March 2020 (AS 2020 783). Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).

8 Inserted by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 9 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 10 Inserted by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 11 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 12 Amended by No I of the O of 18 March 2020, in force since 19 March 2020

(AS 2020 841).

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Section 2 Restrictions on Border Crossings13

Art. 3 Border crossings and controls

1 The competent border control authority shall refuse entry to Switzerland to persons coming from a high-risk country or from a high-risk area, unless they meet at least one of the following requirements:

a. they are Swiss citizens;

b.14 they have a travel document; and

1. a residence document, in particular a Swiss residence permit, a cross-border commuter permit, a visa issued by Switzerland for the purpose of attending professional consultations as a health sector specialist or for making an official visit of vital importance,

2. the assurance of a residence permit;

c. 15 they have rights under the Agreement on the Free Movement of Persons, have a work-related reason for entering Switzerland and can provide a con-firmation of notification (Meldebestätigung/ attestation d’annonce/ attestato di notifica);

d. they are transporting goods for commercial purposes and can provide a bill of lading for the goods;

e.16 they are simply travelling in transit through Switzerland with the intention of going directly to another country that they are permitted to enter;

f. they are in an emergency situation;

g.17 they are a specialist in the healthcare sector and need to enter Switzerland for important professional reasons.

1bis Entry with a cross-border commuter permit in accordance with paragraph 1 letter b number 1 is only permitted for work-related purposes.18

2 The persons concerned must provide credible evidence that they meet at least one of the above-mentioned requirements. The border control authority concerned shall assess whether an emergency in terms of paragraph 1 letter f applies.

3 Decisions taken by the competent authorities may be enforced immediately. Ap-peals against these decisions do not have suspensive effect. Article 65 of the Foreign

13 Inserted by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 14 Amended by No I of the O of 18 March 2020, in force since 19 March 2020

(AS 2020 841). 15 Amended by No I of the O of 18 March 2020, in force since 19 March 2020

(AS 2020 841). 16 Amended by No I of the O of 18 March 2020, in force since 19 March 2020

(AS 2020 841). 17 Inserted by No I of the O of 18 March 2020, in force since 19 March 2020

(AS 2020 841). 18 Inserted by No I of the O of 1 April 2020 (Channelling of Border Traffic),

in force since 2 April 2020 (AS 2020 1137).

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Nationals and Integration Act of 16 December 200519 (FNIA) applies mutatis mu-tandis.

4 The criminal provisions of Article 115 FNIA apply mutatis mutandis. In the event of any violation of the provision on entry, a ban on entry may also be imposed.

5 Foreign nationals at Schengen internal and external borders at airports may like-wise be refused entry, unless at least one of the requirements in paragraph 1 is met. The FDJP in consultation with the FDHA and the FDFA shall decide on the high-risk countries or areas to which this measure applies. Paragraphs 2 and 4 apply mutatis mutandis in such a case.20

Art. 421 Restrictions on cross-border passenger transport

1 The FDJP in consultation with the FDHA, the Federal Department of the Envi-ronment, Transport, Energy and Communications (DETEC), the Federal Department of Finance (FDF) and the FDFA shall decide on restrictions on road, rail, ship and air passenger services from high-risk countries or areas.

2 It may in particular suspend specific forms of passenger transport for certain routes, lines or flights, close individual border crossings, ports or airports to passen-ger transport from high-risk countries or areas or simply prohibit passenger transport to Switzerland from high-risk countries or areas.

3 Restrictions on cross-border passenger transport are set out in Annex 2.

4 The Federal Customs Administration (FCA) may independently order and enforce the closure to passenger transport of small subsidiary land border crossings provided and for as long as this is necessary because of the situation. It shall notify the FDJP, DETEC and the FDFA immediately of any closures that it orders. It shall indicate closed border crossings as such and publish the current list of open land border crossings on its website22.23

5 It shall decide on the border crossings at which priority lanes (green lanes) will be provided for road traffic bringing important goods to maintain the national economic supply and for persons in priority professional groups, in particular persons working in the health sector. It shall lay down the conditions for using the green lanes for important goods in consultation with the Logistics Division at the Federal Office for National Economic Supply. It shall consult the cantons with regard to the use of green lanes by persons in priority professional groups. It shall publish the current list of green lanes and the conditions for their use on its website24.25

19 SR 142.20 20 Amended by No I of the O of 18 March 2020, in force since 19 March 2020

(AS 2020 841). 21 Amended by No I of the O of 18 March 2020, in force since 19 March 2020

(AS 2020 841). 22 www.ezv.admin.ch > Geöffnete Grenzübergänge 23 Inserted by No I of the O of 1 April 2020 (Channelling of Border Traffic),

in force since 2 April 2020 (AS 2020 1137). 24 www.ezv.admin.ch > Green Lanes 25 Inserted by No I of the O of 1 April 2020 (Channelling of Border Traffic),

in force since 2 April 2020 (AS 2020 1137).

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Art. 4a26 Granting of visas

The granting of Schengen visas and of national visas and the authorisation to issue visas to person from high-risk countries or areas in accordance with Annex 1 shall be suspended. Exempted from the foregoing are applications from persons in emer-gency situations or who are specialists in the healthcare sector and need to enter Switzerland for important professional reasons. Section 3 Export Controls for Protective Equipment27

Art. 4b28 Export licence

1 A licence from SECO is required for the export from Swiss customs territory of the protective equipment listed in Annex 3.

2 Paragraph 1 does not apply to the export of protective equipment:

a. provided reciprocity is guaranteed, to EU member states, the overseas coun-tries and territories listed in Annex II of the Treaty of 13 December 200729 on the Functioning of the European Union (Consolidated Version), Norway, Iceland, the United Kingdom, the Faroe Islands, Andorra, San Marino and the Vatican City;

b. by medical, disaster relief and civil protection personnel in order to carry out their professional duties or to provide first aid;

c. by other persons for their own personal use;

d. as equipment for providing first aid or for other emergency uses in buses, trains, aircraft or ships on international transport services;

e. to supply:

1. Swiss foreign representations, foreign missions and deployments for the European Border and Coast Guard Agency Frontex,

2. Swiss public institutions abroad,

3. members of the Swiss armed forces deployed abroad,

4. Swiss members of international police missions or civilian international peace-keeping missions.

26 Inserted by No I of the O of 18 March 2020, in force since 19 March 2020 (AS 2020 841).

27 Inserted by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 28 Originally Art. 10d. Inserted by No I of the O of 25 March 2020, in force since 26 March

2020 (AS 2020 1065). 29 OJ l. C 326 of 26.10.2012, p. 47.

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Art. 4c30 Procedure and decision

1 The application must be submitted via the ELIC electronic licensing system oper-ated by SECO.

2 SECO shall decide within five working days of receipt of the duly completed application. If particularly complex clarifications are required, this deadline may be extended by a further five working days.

3 SECO notifies the applicant of the decision in electronic form.

4 A licence shall be granted provided there is sufficient protective equipment for healthcare facilities, other medical personnel, patients, civil protection and civil defence and for rescue and security authorities and organisations in Switzerland.

5 Before making its decision, SECO shall consult the Federal Office for National Economic Supply, the FOPH, the Federal Office for Civil Protection and the Coor-dinated Medical Services. The Coordinated Medical Services shall in particular declare the quantities of protective equipment reported by the cantons in compliance with the duty to report under Article 10.

6 SECO may consult foreign authorities, provide them with relevant information and take account of information they have provided when reaching its decision.

7 The decision whether to grant a licence shall be based on all relevant considera-tions, including where applicable the question of whether the export will support:

a. states or international organisations that have made a request to Switzerland;

b. aid organisations abroad that are protected under the Geneva Convention on Refugees31;

c. the Global Outbreak Alert and Response Network (GOARN) of the World Health Organization (WHO).

Chapter 3 Measures that apply to the Population, Organisations and Institutions32

Art. 5 Schools, higher education institutions and other education and training institutions

1 Events requiring physical presence at schools, higher education institutions and other education and training institutions are prohibited.

2 Examinations that have already been scheduled may be held provided suitable protection measures are taken.

30 Originally Art. 10e. Inserted by No I of the O of 25 March 2020, in force since 26 March 2020 (AS 2020 1065).

31 Convention of 28 July 1951 relating to the Status of Refugees (SR 0.142.30) 32 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).

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3 The cantons shall ensure that the required childcare services are provided for children who cannot be cared for privately. Persons at high risk may not be involved in providing such services.33

4 Children’s nurseries may only be closed if the competent authorities provide alter-native suitable childcare services.34

Art. 635 Events and businesses

1 Public or private events, including sports events and club activities are prohibited.

2 Publicly accessible establishments shall be closed to the public; the foregoing applies in particular to:

a. shops and markets;

b. restaurants and cafés;

c. bars, discotheques, night clubs and strip clubs;

d. leisure and entertainment businesses, in particular museums, libraries, cinemas, concert halls, theatres, casinos, sports centres, fitness centres, swimming pools, spas, ski resorts, botanical and zoological gardens and zoos;

e. businesses offering personal services involving physical contact such as hairdressers, massage parlours, tattoo studios and cosmetics studios;

f.36 campsites.

3 Paragraph 2 does not apply to the following establishments and events:

a. food stores and other shops (for example newsagents, petrol station shops), provided they offer foodstuffs and/or everyday household articles;

b. take-away businesses, staff canteens, meal (home) delivery services and res-taurants and cafés for hotel guests;

c. pharmacies, drugstores and shops supplying medical aids (e.g. spectacles, hearing aids);

d. post offices and sub-post offices;

e. sales points for telecommunications providers;

f. banks;

g. petrol stations;

h. railway stations and other public transport facilities;

i. workshops for vehicles and other means of transport;

33 Amended by No I of the O of 16 March 2020, in force since 17 March 2020 (AS 2020 783).

34 Inserted by No I of the O of 16 March 2020, in force since 17 March 2020 (AS 2020 783).

35 Amended by No I of the O of 16 March 2020, in force since 17 March 2020 (AS 2020 783).

36 Inserted by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).

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j. public administration offices;

k. social work establishments (e.g. contact points);

l. funerals of close family members;

m. healthcare facilities, such as hospitals, clinics and medical practices, as well as practices and facilities operated by healthcare specialists under federal and cantonal law;

n.37 hotels and accommodation establishments, and pitches for caravans and mo-tor homes that are intended for long-term rental or for the travelling commu-nity.

4 The establishments and events in paragraph 3 must comply with the recommenda-tions issued by the Federal Office of Public Health (FOPH) relating to hygiene and social distancing. The number of persons present must be limited accordingly, and gatherings of people must be prevented.

Art. 6a38 Company meetings

1 In the case of company meetings, the organiser may, regardless of the probable number of participants and without complying with the period of notice for conven-ing meetings, order the participants to exercise their rights exclusively:

a. in writing or online; or

b. through an independent proxy appointed by the organiser.

2 The organiser shall decide within the period specified in Article 12 paragraph 5. Notification of the order must be given in writing or published online no later than four days before the event.

Art. 739 Exceptions

The competent cantonal authority may authorise exceptions to the bans under Arti-cles 5 and 6 if:

a. overriding public interests so require, for example for education and training institutions and in the case of supply or service provision problems; and

b. the education and training institution, the organiser or the establishment manager submits a protection plan that includes the following preventive measures:

1. measures to exclude persons who are or who feel ill,

2. measures to protect persons at high risk,

37 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 38 Inserted by No I of the O of 16 March 2020, in force since 17 March 2020

(AS 2020 783). 39 Amended by No I of the O of 16 March 2020, in force since 17 March 2020

(AS 2020 783).

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3. measures to inform the persons present about general protection measures such as hand hygiene, social distancing and hygiene for per-sons with coughs and colds,

4.40 adapting the layout of rooms in order to comply with the recommenda-tions of the FOPH relating to hygiene and social distancing.

Art. 7a41 Providing the population with food

1 Postal service providers as defined in Article 1 letter a of the Postal Service Ordi-nance of 29 August 201242 are permitted to deliver to the population on each day of the week and in all parts of the country foodstuffs and articles for daily needs that have been ordered online.

2 Special authorisation from the State Secretariat for Economic Affairs (SECO) for working on Sundays and an exemption from the prohibition of Sunday driving for related deliveries are not required, provided the postal service provider is registered with the Federal Postal Services Commission.

3 Pursuant to Article 3 paragraph 3 of the Road Traffic Act of 19 December43, postal service providers making deliveries in terms of paragraph 1 are also exempted from the requirement to comply with driving prohibitions and other traffic restrictions, in particular in town centres and pedestrian zones.

Art. 7b44 Universal provision of services by SwissPost

The Federal Department of the Environment, Transport, Energy and Communica-tions (DETEC) may in response to a justified request from Swiss Post authorise the temporary restriction or temporary selective suspension of local, regional or supra-regional services that form part of universal postal services and universal payment transaction services in accordance with the Postal Services Act of 17 December 201045 (PSA). Goods transport and payment transactions in accordance with the PSA Act must be maintained if at all possible.

Art. 7c46 Ban on gatherings of people in public areas

1 Gatherings of more than five persons in public areas, in particular in public places, on footpaths or in parks are prohibited.

2 In the case of gatherings of up to five persons, each person must keep a distance of at least two metres from the others.47

40 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 41 Inserted by No I of the O of 20 March 2020, in force since 21 March 2020

(AS 2020 863). 42 SR 783.01 43 SR 741.01 44 Inserted by No I of the O of 20 March 2020, in force since 21 March 2020

(AS 2020 863). 45 SR 783.0 46 Inserted by No I of the O of 20 March 2020, in force since 21 March 2020

(AS 2020 863). 47 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).

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3 The police and enforcement bodies authorised by the cantons shall ensure compli-ance with the requirements that apply in public areas.

Art. 7d48 Preventive measures on construction sites and in industry

1 Employers in the main and ancillary construction industry and in other industries are required to comply with the recommendations issued by the FOPH relating to hygiene and social distancing. In particular, the number of persons present on con-struction sites or in other workplaces must be limited accordingly, the organisation of construction sites and other workplaces must be adapted and the use in particular of break rooms and canteens must be suitably restricted.49

2 Pursuant to the health protection provisions in Article 6 of the Employment Act of 13 March 196450, the executive authorities under the Employment Act and the Federal Act of 20 March 198151 on Accident Insurance are responsible for enforcing paragraph 1. 3 The competent cantonal authorities may close individual businesses or construction sites in the event of any failure to comply with the obligations under paragraph 1.

Art. 7e52 Exceptions for cantons in special risk situations

1 If, as a result of the epidemiological situation, there is a special risk to the health of the population in any canton, the Federal Council may in response to a justified request authorise the canton concerned to restrict or suspend the activities of certain sectors of the economy for a limited time and in specific regions.

2 The Federal Council may authorise requests under paragraph 1 in their entirety or in part, provided the following requirements are met:

a. The canton has insufficient capacity in the healthcare sector even after sup-port is provided by other cantons.

b. The sectors concerned are highly unlikely to be able to implement the pre-ventive measures under Article 7d paragraph 1.

c. The social partners, once consulted, agree to the measures provided for in paragraph 1.

d.53 The provision of the population with goods to meet daily needs and with es-sential services, and the provision of healthcare facilities and their suppliers remains guaranteed.

e. The ability of the relevant sectors of the economy to function is compro-mised by the absence of cross-border commuters.

48 Inserted by No I of the O of 20 March 2020, in force since 21 March 2020 (AS 2020 863).

49 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 50 SR 822.11 51 SR 832.20 52 Inserted by No I of the O of 27 March 2020, paras 1–3 in force since 21 March 2020,

paras 4 and 5 in force since 28 March 2020 (AS 2020 1101). 53 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).

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3 If the measures taken by a canton exceed what the Federal Council has authorised, the canton shall not be entitled to compensation for short-time work from the Con-federation.

4 The Federal Council may exempt specific economic sectors or establishments that play an important role in the provision of goods to meet daily needs and of essential services from the restriction or suspension of their activities.54

5 Establishments that credibly demonstrate to cantonal workplace health and safety inspectorate that they are implementing the preventive measures under Article 7d paragraph 1 may continue to operate.

Art. 8 Controls by law enforcement agencies and obligations to cooperate

1 The competent cantonal authorities may carry out controls of establishments and venues at any time without prior notice.

2 Establishment managers, organisers and employers must grant the competent cantonal authorities access to the premises and venues.55

3 Orders issued by the competent cantonal authorities when carrying out on-site controls must be implemented immediately.

Art. 956 Chapter 4 Healthcare Provision57

Art. 10 Duty to report58

The cantons are required to report the following information regularly to the Coor-dinated Medical Services:

a. the total number and occupancy of hospital beds;

b.59 the total number and occupancy of hospital beds that are available for treat-ing cases of COVID-19 and the number of patients currently being treated for COVID-19;

c.60 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;

54 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 55 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 56 Repealed by No I of the O of 1 April 2020, with effect from 2 April 2020

(AS 2020 1131). 57 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 58 Inserted by No I of the O of 16 March 2020, in force since 17 March 2020

(AS 2020 783). 59 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 60 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).

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d. the total number and availability of devices for extracorporeal membrane oxygenation (ECMO);

e. quantities of personal protective equipment, in particular face masks, surgi-cal masks, gloves, aprons and protective eyewear;

f. details on the availability of medical and nursing staff in hospitals;

g. maximum capacity, i.e. the total number of all patients and the total number of COVID-19 patients that can be treated by their hospitals given the num-bers of beds and staff available.

Art. 10a61 Obligations of healthcare facilities

1 The cantons may require private hospitals and clinics to make their capacities available for the admission of patients.

2 Healthcare facilities under Article 6 paragraph 3 letter m, in particular hospitals and clinics, medical practices and dental practices are prohibited from carrying out non-urgent medical examinations, treatment and therapies (medical procedures).62

3 Non-urgent medical procedures are, in particular, procedures that:

a. may be carried out at a later time, unless the person concerned may be ex-pected to suffer disadvantages that go beyond minor physical and psycho-logical complaints; or

b. serve predominantly or solely aesthetic purposes, or bring increased perfor-mance or well-being.63

4 Healthcare facilities may carry out statutory medical procedures that are required for reasons of workplace safety on persons who work or may be required to work in particular in the provision of healthcare, in civil protection and civil defence, or for authorities and organisations that provide emergency services or that are responsible for public safety, security and order.64

5 In hospital departments that experience a substantial increase in work as a result of COVID-19, the application of the provisions of the Employment Act of 13 March 196465 relating to working hours and rest periods shall be suspended for as long as the exceptional situation requires. Time off in compensation or financial compensa-tion shall however continue to be granted. Employers however remain responsible for protecting the health of their employees and must in particular ensure that they are given sufficient rest periods.66

61 Inserted by No I of the O of 16 March 2020, in force since 17 March 2020 (AS 2020 783).

62 Amended by No I of the O of 20 March 2020, in force since 21 March 2020 (AS 2020 863).

63 Inserted by No I of the O of 20 March 2020, in force since 21 March 2020 (AS 2020 863).

64 Inserted by No I of the O of 20 March 2020, in force since 21 March 2020 (AS 2020 863).

65 SR 822.11 66 Inserted by No I of the O of 20 March 2020 (AS 2020 867). Amended by No I of the O of

27 March 2020, in force since 28 March 2020 (AS 2020 1101).

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818.101.24 Chapter 567 Persons at High Risk68

Art. 10b Principle

1 Persons at high risk should remain at home and avoid gatherings of people.

2 Persons at high risk are persons aged 65 and over and persons suffering from any of the following diseases in particular: high blood pressure, diabetes, cardio-vascular diseases, chronic respiratory diseases, diseases and treatments that weaken the immune system, cancer.

Art. 10c69 Employers’ obligations

1 Employers shall make it possible for employees who are at high risk to carry out their work from home. They shall take the required organisational and technical measures to achieve this.

2 If work activities can only be carried out at the customary place of work because of the nature of the activity or the absence of feasible measures, employers are obliged to take appropriate organisational and technical measures to ensure compliance with the federal recommendations on hygiene and social distancing.

3 If it is not possible for employees at high risk to carry out their work within the framework of paragraphs 1 and 2, their employer shall grant them leave and contin-ue to pay their salaries.70

4 Employees shall give notice that they are at high risk by making a personal decla-ration. The employer may request a medical certificate.

Art. 10d and 10e71 Chapter 672 Criminal Provisions73

Art. 10f

1 Unless a more serious offence under the Criminal Code74 has been committed, any person who wilfully fails to comply with any measures under Article 6 is liable to a custodial sentence not exceeding three years or to a monetary penalty.

67 Inserted by No I of the O of 16 March 2020, in force since 17 March 2020 (AS 2020 783).

68 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 69 Amended by No I of the O of 20 March 2020, in force since 21 March 2020

(AS 2020 863). 70 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 71 Repealed by No I of the O of 1 April 2020, with effect from 2 April 2020

(AS 2020 1131). 72 Inserted by No I of the O of 16 March 2020, in force since 17 March 2020

(AS 2020 783). 73 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).

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2 A fine shall be imposed on any person who:

a. violates the ban on gatherings of people in public areas under Article 7c;

b.75 exports protective equipment for which a licence is required under Article 4b paragraph 1 without holding such a licence.

c.76 violates restrictions on cross-border passenger transport at border crossings in accordance with Article 4 paragraph 477

3 The following offences carry a fixed penalty fine of 100 francs pursuant to the procedure under the Fixed Penalties Act of 18 March 201678.

a. violations of the ban on gatherings of people in public areas under Article 7c;

b. violations of restrictions on cross-border passenger transport at border cross-ings in accordance with Article 4 paragraph 4.79

4 The FCA is authorised within the scope of its controlling powers to impose fixed penalty fines for violations of Article 4 paragraph 4. If the fine is not paid immedi-ately paid, it shall refer the matter to the competent prosecution- authority.80 Chapter 7 Final Provisions81

Art. 11 Repeal of another enactment

The Ordinance of 28 February 202082 on Measures to Combat the Coronavirus (COVID-19) is repealed.

Art. 12 Commencement and duration

1 Subject to paragraph 2, this Ordinance comes into force on 13 March 2020 at 15.30.

2 Article 5 comes into force on 16 March 2020 at 06.00.

3 Subject the following paragraphs, this Ordinance applies for a maximum of 6 months from its commencement in accordance with paragraph 1.83

74 SR 311.0 75 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 76 Inserted by No I of the O of 1 April 2020 (Channelling of Border Traffic), in force since

2 April 2020 (AS 2020 1137). 77 Inserted by No I of the O of 20 March 2020 (AS 2020 863). Amended by No I of the O of

25 March 2020, in force since 26 March 2020 (AS 2020 1065). 78 SR 314.1 79 Inserted by No I of the O of 20 March 2020 (AS 2020 863). Amended by No I of the O of

1 April 2020 (Channelling of Border Traffic), in force since 2 April 2020 (AS 2020 1137).

80 Inserted by No I of the O of 1 April 2020 (Channelling of Border Traffic), in force since 2 April 2020 (AS 2020 1137).

81 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131). 82 [AS 2020 573] 83 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).

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4 Article 4a applies until 15 June 2020.84

5 ...85

6 The measures under Chapter 3 (Art. 5–8) and Article 10f paragraphs 1, 2 letter a and 3 apply until 19 April 2020.86

84 Amended by No I of the O of 18 March 2020, in force since 19 March 2020 (AS 2020 841).

85 Repealed by No I of the O of 16 March 2020, with effect from 17 March 2020 (AS 2020 783).

86 Inserted by No I of the O of 16 March 2020 (AS 2020 783). Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).

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Annex 187 (Art. 2 para. 2)

List of high-risk countries and areas

All Schengen states (with the exception of the Principality of Liechtenstein), in each case including civil aviation from such States)

All other states (civil aviation from such States)

87 Originally Annex. Amended by No I of the FDJP O of 24 March 2020, in force since 25 March 2020 (AS 2020 1059).

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Annex 288 (Art. 4 para. 3)

Restrictions on cross-border passenger transport

The following applies to flights from abroad:

1. Flights carrying passengers from abroad shall be directed to the national air-ports at Zurich-Kloten, Geneva-Cointrin and Basel-Mulhouse.

2. Passenger flights from abroad to other Swiss customs aerodromes are sus-pended.

3. Cargo and work flights, flights for maintenance purposes and air-ambulance flights are not regarded as passenger flights.

88 Inserted by No II para. 2 of the O of 18 March 2020, in force since 19 March 2020 (AS 2020 841).

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Annex 389 (Art. 4b para. 1)

Protective equipment

The equipment listed in this Annex corresponds to the provisions the PSA Ordi-nance of 25 October 201790. Category Description Customs tariff no

Protective eyewear and visors

– Protection against potentially infectious material

– Covering the eyes and surrounding areas

– Compatible with different models of filtering facepiece FFP masks and facial masks

– Transparent lens

– Reusable (may be cleaned and disinfected) and single-use items

ex 3926.9000

ex 9004.9000

Face shields – Equipment to protect the facial area and associated mucous membranes (e.g. eyes, nose, mouth) against po-tentially infectious material

– Includes a visor of transparent material

– Usually includes fixations to secure over the face (e.g. bands, temples)

– Can include mouth-nose protection equipment as described below

– Reusable (can be cleaned and disinfected) and single-use items

ex 3926.9000

ex 9020.0000

89 Inserted by No II of the O of 25 March 2020 (AS 2020 1065). Revised by No II of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).

90 SR 930.115

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Mouth-nose pro-tection equipment

– Masks to protect the wearer against potentially infectious material and to protect the environment against potentially infectious material spread by the wearer

– Can include a face shield as de-scribed above

– With or without a replaceable filter

ex 4818.9000

ex 6307.9099

ex 9020.0000

Protective gar-ments

– Garments (e.g. gowns, suits) to protect the wearer against potential-ly infectious material and to protect the environment against potentially infectious material spread by the wearer

ex 3926.2090

ex 4015.9000

ex 4818.5000

ex 6113.0000

ex 6114

ex 6210.1000

ex 6210.2000

ex 6210.30

ex 6210.4000

ex 6210.50

ex 6211.3200

ex 6211.3300

ex 6211.3910

ex 6211.3990

ex 6211.4210

ex 6211.4290

ex 6211.4300

ex 6211.4910

ex 6211.4920

ex 6211.4990

ex 9020.0000

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Gloves – Gloves to protect the wearer against potentially infectious material and to protect the environment against potentially infectious material spread by the wearer

ex 3926.2010

4015.1100

ex 4015.1900

ex 6116.1000

ex 6216.0010

ex 6216.0090


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