Englisch

In the following, we have translated the General Decree of the District of Heilbronn dated 26 March 2020 into English. The translation serves for better understanding and has been prepared to the best of our knowledge, but is no legally binding

document. Any translation-related linguistic deviations in the wording do not constitute an amendment to the Decree. Only the German original version is legally binding.

Official Announcements by the District of Heilbronn

By way of direct jurisdiction, the Heilbronn District Office enacts in accordance with § 16 (7) in conjunction § 28 of the Infection Protection Law (Infektionsschutzgesetz, IfSG)

• for the towns of Bad Friedrichshall, Bad Rappenau, Bad Wimpfen, Beilstein, Brackenheim, Eppingen, Guglingen, Gundelsheim, Lauffen a.N., Leingarten, Lowenstein, Mockmuhl, Neckarsulm, Neudenau, Neuenstadt a.K., Schwaigern, Weinsberg, Widdern and

• for the municipalities of Abstatt, Cleebronn, Eberstadt, Ellhofen, Erlenbach, Flein, Gemmingen, Hardthausen, Ilsfeld, Ittlingen, Jagsthausen, Kirchardt, Langenbrettach, Lehrensteinsfeld, Massenbachhausen, Neckarwestheim, Nordheim, Obersulm, Oedheim, Offenau, Pfaffenhofen, Roigheim, Siegelsbach, Talheim, Untereisesheim, Untergruppenbach, Wustenrot, Zaberfeld the following

GENERAL DECREE

for the home isolation of persons infected with the novel coronavirus SARS-CoV-2 and those with whom they have been in contact for the containment and protection against the spread of the respiratory disease COVID-19 I. DECREE IN RESPECT OF PERSONS INFECTED OR SUSPECTED OF BEING INFECTED WITH THE NOVEL CORONAVIRUS (SARS COV-2)

The term "infected" refers to persons who were tested positive for the SARS-CoV-2 virus.

Potentially infected (suspected cases) are persons suffering from respiratory symptoms and/or fever (body temperature above 38.5° C). Respiratory symptoms in this sense are mainly coughing and shortness of breath, which cannot be attributed to a pre-existing underlying disease. The occurrence of a significant reduction in the sense of smell and taste can be a further indication of the presence of an infection. The status of a potentially infected person no longer applies if an infection with SARS CoV-2 has been excluded by medical diagnosis.

The entirety of the group of infected persons and the presumed infected persons is hereinafter referred to as "infected persons".

The following applies to infected persons:

1. Instructions

a) Infected persons shall place themselves under home quarantine for isolation.

b) In infected persons, isolation begins with the onset of symptoms; if the disease progresses without noticeable symptoms, isolation begins with the collection of the swab. Isolation shall last for at least 14 days. It shall end at the earliest 48 hours after the patient is symptom-free. If an infection is suspected, isolation at home ends after receipt of a negative result.

c) During the isolation, infected persons are prohibited from leaving their home without the express consent of the health authorities. This does not apply if it is absolutely necessary to leave the home to protect life or health (e.g. in the event of a house fire or medical emergency).

d) During the period of isolation, infected persons are prohibited from receiving visits from persons not belonging to their household.

e) If possible, infected persons shall maintain a temporal and physical separation from other members of the household. Temporal separation can be achieved, for example, by taking meals not together but one after the other. Physical separation can be achieved, for example, by placing the infected person in a different room from the other members of the household. In particular, the hygiene rules under point I. No. 2. f. below, shall apply.

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f) Personal contact with other persons in home isolation from other households is prohibited. g) If personal contact with other persons is unavoidable, the infected persons must expressly inform the other persons in advance about their infection with the coronavirus SARS CoV-2. If personal contact with other persons is unavoidable, the infected persons must wear tight-fitting mouth and nose protection (minimum standard FFP1), or, if such protection is not available, cover the mouth-nose area with fabric (e.g. scarf). Before unavoidable contact with other persons, infected persons must clean their hands thoroughly. h) Infected persons are monitored by the health authorities of the Heilbronn District Office for the duration of the isolation. i) Infected persons must identify contact persons as soon as the infection becomes known or after symptoms have appeared. Contact persons are persons mentioned under II. j) Infected persons must immediately inform their contact persons that they (themselves) are considered infected or suspected to be infected and inform the contact persons of their resulting status. Infected persons are obliged to notify their contact persons about the resulting home isolation and to draw their attention to the fact that the contact person must comply with the General Decree (in particular Section II). k) Infected persons must compile a list of the persons with whom they have been in contact. All persons with whom the infected person has had contact in the period of 48 hours before the onset of symptoms until the time of home isolation must be named. If there are no symptoms, the period starting 48 hours before the swab was taken, shall apply. The list of contact persons must, as far as possible, include the surname, first name and address of the contact persons and an indication of whether the infected person has been able to inform the contact person. Furthermore, if known, it must also indicate how these contact persons can be reached (e.g. by telephone or via e-mail), and, where appropriate, information on the profession of the contact person. l) Infected persons must immediately submit the list of the contact persons to the health authorities of the Heilbronn District Office (preferably via e-mail to [email protected]), as well as to the responsible local police office (mayor’s office - see instruction on legal remedies). In the event of suspected cases, the submission is only to be made after receipt of a positive result.

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m) If infected persons are unable to inform the contact persons themselves, to compile or submit the list of contact persons, they must immediately inform the health authorities of the Heilbronn District Office or the responsible local police authority (mayor's office).

2. Requirements

a) Until the end of the isolation period, the body temperature must be measured twice a day (morning and evening).

b) Infected persons must keep a diary of symptoms, body temperature, general activities and contact with other persons. The diary must document the results of daily body temperature measurements in the morning and evening.

c) Upon request, infected persons must provide the health authorities daily with information by telephone about their current state of health and the results of the temperature measurements.

d) If the health state deteriorates, in particular, if the symptoms of sore throat, coughing, hoarseness, runny nose, vomiting, nausea, headaches and aching limbs, back pain and general malaise, as well as a rise in body temperature above 38.5° C, infected persons must inform their family doctor by telephone immediately. In doing so, they must inform their family doctor of their coronavirus infection.

e) If infected persons need acute medical help (e.g. by general medical emergency service or the rescue services), they must notify the medical staff both in advance by telephone and at the first contact that they are infected with the coronavirus SARS CoV-2.

f) The following hygiene rules must be observed: • Contact with other persons must be avoided, or, in the case of unavoidable contact, minimised as far as possible. In any case, the minimum distance of two meters should be observed and the interaction should be limited in time to the absolutely necessary extent. • A temporal and physical separation from other members of the household must be maintained. Temporal separation can be achieved, for example, by taking meals not together, but one after the other. Physical separation can be achieved, for example, by placing infected persons into a different room from the other members of the household. • If the bathroom, toilet and kitchen are shared by infected persons and other household members, contact surfaces must be cleaned thoroughly after use by infected persons. • If infected persons cough or sneeze, they must keep their distance and turn

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away; cover their mouth and nose with the crook of their arm or use a handkerchief, which must be disposed of immediately. • Both infected persons and household members must wash their hands regularly with soap and water. • Household members should not touch their face with their hands, and thus principally avoid touching their eye, nose and mouth.

3. Instructions

a) Further provisions of other relevant regulations are not affected by this General Decree and must be observed. These include in particular the current version of the Corona Ordinance of the State of Baden Wuerttemberg.

b) Anyone under observation pursuant to § 29 of the Infection Protection Act (IfSG) must tolerate the necessary examinations by the representatives of the health authorities and follow the instructions of the health authorities. In particular, the necessary external examinations, skin and mucous membrane swabs, blood samples and X-ray examinations must be tolerated and the necessary examination material (e.g. saliva, blood) must be made available on request.

c) When under observation, infected persons are obliged to grant the representatives of the health authorities access to their home for questioning or examination, to provide information about all circumstances concerning their state of health upon request, and, in the event of a change of main residence or habitual domicile, to report immediately to the previously responsible health authorities, as well as the future responsible health authorities. This includes, among other things, the notification of home quarantine, as well as their state of health within the scope of the daily enquiry of the health authorities.

d) If infected persons do not / not sufficiently follow the instructions according to Section I. 1. a-f, they can be forcibly placed in a suitable isolated facility.

e) Compliance with the regulations and conditions can be enforced by administrative coercion.

f) Upon request, urgently needed health workers in critical health infrastructure may be granted exemptions from the instructions and/or requirements by health authorities at their dutiful discretion.

II. DECREE REGARDING CONTACT PERSONS

A contact person is defined as a person who has had personal contact with the group of persons specified under I. in the period starting 48 hours before the onset of symptoms to 48 hours after the patient was symptom-free.

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1. Instructions

a) Contact persons shall place themselves under home quarantine for isolation. Contact persons of suspected cases must only isolate themselves at home, once the positive result has been received.

b) For contact persons, isolation commences with the last contact with an infected person for a period of 14 days.

c) For the duration of the isolation, contact persons are prohibited from leaving the home without the express consent of the health authorities. This does not apply if it is absolutely necessary to leave the home to protect life or health (e.g. in the event of a house fire or medical emergency).

d) Contact persons are prohibited from receiving visits from persons who do not belong to their household for the duration of the isolation.

e) Contact persons must, as far as possible, maintain temporal and physical separation from other members of the household. Temporal separation can be achieved, for example, by taking meals not together but one after the other. Physical separation can be achieved, for example, by placing contact persons into a different room from the other household members. In particular, the rules of hygiene listed under Section I. 2. f. shall apply.

f) Personal contact with other contact persons isolated at their home or with infected or presumably infected persons from other households is prohibited.

g) If personal contact with other persons is unavoidable, the contact person must expressly inform the other persons in advance of their status as contact persons. In cases of unavoidable contact with other persons, contact persons must wear tight-fitting mouth-nose protection (minimum standard FFP1), or, if such protection is not available, cover the mouth and nose area with fabric (e.g. a scarf). Contact persons must thoroughly clean their hands before unavoidable contact with other persons.

h) For the duration of the isolation, contact persons are monitored by the health authorities of the Heilbronn District Office.

2. Requirements

For contact persons, the requirements for infected persons (section I. 2.) shall apply accordingly.

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3. Instructions

For contact persons, the instructions for infected persons (Section I. 3) shall apply accordingly.

III. REVOCATION OF PREVIOUS GENERAL DECREES

1. The General Decree of the Heilbronn District Office, dated 13 March 2020, on the prohibition and restriction of events for the containment of the respiratory disease SARS-CoV-2 (novel coronavirus 2019) is revoked for the future upon pronouncement of this General Decree.

2. The General Decree of the Heilbronn District Office, dated 13 March 2020, on the protection against the spread of the COVID-19 disease and on maintaining the functionality of facilities is revoked for the future upon pronouncement of this General Decree.

IV. ENTRY INTO FORCE

This General Decree shall apply from the day following its pronouncement.

V. CONTRAVENTIONS Anyone who violates an enforceable order pursuant to § 28 (1) sentence 2 IfSG shall be punished with imprisonment of up to two years or with a fine pursuant to § 75 (1) No. 1 of the Infection Protection Act (IfSG). The present General Decree constitutes such an enforceable order upon its pronouncement.

In the event of non-compliance with the instructions and requirements of this Decree, the responsible local police authority is entitled to enforce the Decree employing administrative coercion following the State Administrative Enforcement Act. This includes in particular, the threat and imposition of periodic penalty payments, as well as exercise of direct coercion.

VI. ADDITIONAL INFORMATION

This order constitutes a measure pursuant to § 28 (1) sentence 2 of the Infection Protection Act (IfSG) and is immediately enforceable pursuant to § 28 (3) in conjunction with § 16 (8) IfSG. Objections and legal challenge have no suspensive effect.

The present General Decree was issued as an emergency measure in the event of imminent danger in the place of the responsible local police authority. If this General Decree is not revoked by the responsible local police authority within two working days after notification, it shall be deemed to have been issued by the responsible local

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police authority.

VII. CIRCUMSTANCES AND REASONS

On 28 February 2020, a person in the Heilbronn district was diagnosed with the novel coronavirus (SARS CoV 2), which can lead to the COVID-19 disease. Since 28 February 2020, the number of cases in the district of Heilbronn has increased significantly. As suitable countermeasures, the Robert Koch Institute, as the conceptional authority in the sense of § 4 of the Infection Protection Act (IfSG), first and foremost recommends the observance of appropriate hygiene measures, reduction of contact and protection of particularly vulnerable groups (in particular elderly and previously ill people).

The RKI currently specifies droplet infection as the main transmission route of the SARS CoV 2 virus. Smear infection is also possible. According to the RKI, the incubation period of the virus is 14 days. Based on current knowledge, people may carry the virus and excrete it (i.e. they are infectious) before the first symptoms appear.

The RKI assumes a higher risk of infection in

• persons with cumulative personal (face-to-face) contact of at least 15 minutes, e.g. during a conversation. This includes, for example, cohabitation partners from the same household.

• persons with direct contact with secretions or body fluids, especially respiratory secretions of a confirmed COVID-19 case, e.g. through kissing, contact with vomit, mouth-to-mouth resuscitation, coughing, sneezing, etc.

• medical staff who come in contact with a confirmed COVID-19 case as part of the care or medical examination (< 2m), without using protective equipment.

• contact persons of a confirmed COVID-19 case on an aircraft: o passengers who were sitting in the same row as the confirmed COVID- 19 case or in the two rows in front or behind this confirmed case, regardless of the flight duration. o crew members or other passengers, if any of the other criteria apply (e.g. longer conversation; or similar).

The courses of the disease known to date suggest that immunocompromised patients and patients over the age of 60 years are particularly affected by severe and sometimes fatal courses of the disease, while previously healthy persons sometimes only show a mild or even symptom-free course.

There are therefore cases in which persons concerned (especially in children) are unaware of their illness due to the lack of symptoms. To effectively prevent the spread of this infectious disease, the risk of infection must be minimised as far as possible.

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Otherwise, there is a risk that the healthcare structures will be overburdened by the concurrent steep increase in the number of patients with similar treatment needs. Such overload must be avoided urgently.

The identification of infected persons and especially of contact persons naturally requires extensive research. It can be very time-consuming to identify the infected persons and contacts, to reach them and to take the necessary measures, in connection with the aim of containing the occurrence of the infection as far as possible. However, there may be no unnecessary delay before the persons concerned are made aware of the measures to be observed, as there is a possibility that they may unknowingly continue to spread the virus during this time. To protect public health, chains of infections must be broken as quickly and effectively as possible.

It is therefore expedient to oblige those concerned to take responsibility themselves according to their possibilities. On the one hand, the purpose of this General Decree is to inform those affected of their possible status as an infected or contact person, without the need for an investigation and direct interaction. On the other hand, these persons receive the necessary information and instructions via direct, short channels.

As a rule, only the infected persons themselves can provide information about their contact persons. It is reasonable and expedient to instruct the infected persons to identify and document the contact persons themselves and to inform the contact persons about this fact and the measures to be taken.

The instructions for home isolation of infected persons (I. No. 1 lit. a-g) (II. No. 1 lit. a- g) are based on § 16 (1) and § 30 of the Infection Protection Act (IfSG).

The instructions on the cooperation of infected persons (I. No. 1 lit. i-l) are based on § 16 (1) and (2) Infection Protection Act (IfSG).

The instructions to place infected persons (I. No. 1 lit. h) and contact persons (II. No. 1 lit. h) under observation is based on § 29 (1) of the Infection Protection Act (IfSG).

If there are indications of facts which may lead to the emergence of an infectious disease or if it is assumed that such facts exist, the responsible authority shall take the necessary measures to avert the dangers to individuals or the general public (§ 16 (1) IfSG). If there are suspected cases of infection, the responsible authority shall take the necessary protective measures (§ 28 (1) IfSG).

The scope of application of the IfSG and the aforementioned powers of action shall take effect based on the aforementioned findings. The SARS CoV-2 virus has already spread in the Heilbronn district. There are therefore facts that may trigger the occurrence of infectious diseases.

Quarantine measures for infected persons and persons suspected of being infected

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are necessary to interrupt infection routes and to effectively prevent or delay the spread of the infection to the extent necessary. The virus is primarily transmitted from person to person through contact. It is therefore advisable to prevent contact between infected, potentially infected or other persons as far as possible. These measures correspond to the findings and guidelines of the RKI. These measures are also necessary since more moderate approaches taken so far have failed to contain the disease and other, equally effective means are not apparent.

Due to the aforementioned need to contain the routes of infection, the resulting isolation measures and the fact that infected persons and contact persons are obliged to take measures at their responsibility, health authorities must be able to monitor the development both in general and individually, so that if required, the necessary measures can be taken promptly. This is taken into account by ordering the monitoring according to § 29 IfSG. This measure is appropriate for fulfilling the purpose and also represents the mildest and least burdensome means for those affected.

The issued order is proportionate. Infection poses a risk of illness and thus of a potentially severe or even fatal course of the disease, especially among vulnerable groups of persons such as immunocompromised, elderly or sick persons. Likewise, other persons that come into contact with infected or potentially infected persons, may be vectors for the virus.

The prevailing view is that a significant proportion of those who become ill can expect a severe course of the disease, some requiring hospitalisation or even intensive treatment. For some of the patients, a lethal outcome is expected. Hospitals in the Heilbronn district of Baden-Württemberg and throughout Germany have limited capacity to admit patients who require such intensive treatment. Also, the normal operation of the healthcare system must be maintained.

If the virus spreads uncontrolled and at great speed, the health system will no longer be able to cope with a high number of seriously ill people. This will be to the detriment of those suffering from a coronavirus infection and other patients requiring intensive treatment. The fundamental right to life and physical integrity of the individual is thus endangered, as is public health as a whole.

On the other hand, there is the limited right of free development of personality, which is restricted by the prohibition decree. However, in the light of a potentially fatal disease or the risk of a massive impairment of public health, this temporary restriction is acceptable. The right to free development of personality is therefore inferior.

Passing of the Decree by the Heilbronn District Office by way of urgent responsibility:

The Decree was issued by the Heilbronn District Office by way of urgent responsibility pursuant to § 16 (7) IfSG. Consequently, the health authorities are entitled to order the necessary measures in case of imminent danger. Due to the rapid spreading of the virus in the Heilbronn district, urgency is required. Because of the different local

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announcement regulations of the otherwise responsible local police authorities in the Heilbronn district, a General Decree issued by the local police authorities for their respective area of responsibility would become effective in a few days at the earliest. This would lead to different legal statuses prevailing in the Heilbronn district and also to an unacceptable delay.

The announcement statutes of the Heilbronn district allow publication on the Internet as a customary local announcement, i.e. the announcement of the Decree is deemed to have been made on the day after its publication if so specified in the Decree. This option is imperative here since according to the epidemiological findings of the RKI, the spread of the virus is increasing exponentially and therefore each day without appropriate measures entails a further high risk of spreading.

The extended Corona Regulations of the State of Baden-Wuerttemberg came into force on 18 March 2020. The Corona Regulations contain all regulatory content of both the General Decree of the Heilbronn district office, dated 13 March 2020, on the prohibition and restriction of events for the containment of the respiratory disease SARS-CoV-2, as well as the General Decree of the Heilbronn district office dated 13 March 2020, on the protection against the spread of the COVID-19 disease and maintenance of the functionality of facilities. Consequently, these two General Decrees - although legally in themselves - are obsolete in substance. For reasons of legal clarity and the comprehensibility of the regulations to be observed for the addressees, these two General Decrees of the District Administrator's Office dated 13 March 2020, must therefore be revoked pursuant to § 49 of the Land Administrative Procedure Act (Landesverwaltungsverfahrensgesetz).

VIII. INFORMATION ON LEGAL REMEDIES

An appeal against this decision can be lodged with the responsible authority within one month of its announcement. The competent authority is

for the region of the town / the based in community Community administration Abstatt Abstatt Abstatt Municipality Bad Bad Friedrichshall Bad Friedrichshall Friedrichshall Bad Rappenau Municipality Bad Rappenau Bad Rappenau

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Bad Wimpfen Municipality Bad Wimpfen Bad Wimpfen

Municipality Beilstein Beilstein Beilstein Municipality Brackenheim Brackenheim Brackenheim Community administration Cleebronn Cleebronn Cleebronn Community administration Eberstadt Eberstadt Eberstadt Community administration Ellhofen Ellhofen Ellhofen Municipality Eppingen Eppingen Eppingen Community administration Erlenbach Erlenbach Erlenbach Community administration Flein Flein Flein Community administration Gemmingen Gemmingen Gemmingen Municipality Guglingen Guglingen Guglingen Municipality Gundelsheim Gundelsheim Gundelsheim Community administration Hardthausen am Kocher Hardthausen am Kocher Hardthausen am Kocher Community administration Ilsfeld Ilsfeld Ilsfeld Community administration Ittlingen Ittlingen Ittlingen Community administration Jagsthausen Jagsthausen Jagsthausen Community administration Kirchardt Kirchardt Kirchardt Community administration Langenbrettach Langenbrettach Langenbrettach Municipality Lauffen am Lauffen am Neckar Lauffen am Neckar Neckar Community administration Lehrensteinsfeld Lehrensteinsfeld Lehrensteinsfeld

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Municipality Leingarten Leingarten Leingarten Municipality Lowenstein Lowenstein Lowenstein Community administration Massenbachhausen Massenbachhausen Massenbachhausen Municipality Mockmuhl Mockmuhl Mockmuhl Municipality Neckarsulm Neckarsulm Neckarsulm Community administration Neckarwestheim Neckarwestheim Neckarwestheim Municipality Neudenau Neudenau Neudenau Municipality Neuenstadt am Neuenstadt am Kocher Neuenstadt am Kocher Kocher Community administration Nordheim Nordheim Nordheim Community administration Obersulm Obersulm Obersulm Community administration Oedheim Oedheim Oedheim Community administration Offenau Offenau Offenau Community administration Pfaffenhofen Pfaffenhofen Pfaffenhofen Community administration Roigheim Roigheim Roigheim Municipality Schwaigern Schwaigern Schwaigern Community administration Siegelsbach Siegelsbach Siegelsbach Community administration Talheim Talheim Talheim Community administration Untereisesheim Untereisesheim Untereisesheim Community administration Untergruppenbach Untergruppenbach Untergruppenbach Municipality Weinsberg Weinsberg Weinsberg

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Municipality Widdern Widdern Widdern Community administration Wustenrot Wustenrot Wustenrot Community administration Zaberfeld Zaberfeld Zaberfeld

Heilbronn, 26 March 2020

Detlef Piepenburg District Administrator

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