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CC 818.101.24 Ordinance 3 of 19 June 2020 on Measures to Combat the Coronavirus (COVID-19) (COVID-19 Ordinance 3)

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[818.101.24]

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 15 June 2020)

The Swiss Federal Council,

on the basis of Article 7 of the Epidemics Act of 28 September 20121 (EpidA),2

ordains:

  Chapter 1 General Provisions3 

  Art. 1 Subject matter and purpose1

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

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

  Art. 1a1Responsibility of the cantons

Unless this Ordinance provides otherwise, the cantons shall retain their responsibilities.


1 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).

  Art. 1b1Enforcement

The cantons shall monitor compliance with the measures on their territory, unless the Confederation is responsible for enforcement.


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


  Chapter 2 Maintenance of Capacities to provide Healthcare4 

  Section 1 Principle5 

  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.1
measures to restrict the entry of persons from high-risk countries and areas and the import and export of goods;
b.
controls on exports of goods important to the provision of healthcare;
c.2
measures to guarantee the provision of essential medical goods.3

2 High-risk countries or areas are in particular countries or areas in which the authorities 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 Affairs (FDHA) and the Federal Department of Foreign Affairs (FDFA).4


1 Amended by No I of the O of 16 April 2020 (Restrictions on the Import and Export of Goods), in force since 17 April 2020 (AS 2020 1245).
2 Inserted by No I of the O of 3 April 2020 (Provision of Essential Medical Goods), in force since 4 April 2020 (AS 2020 1155).
3 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).
4 Amended by No I of the O of 18 March 2020, in force since 19 March 2020 (AS 2020 841).


  Section 2 Restrictions on Border Crossings and the Admission of Foreign Nationals6 

  Art. 3 Border crossings and controls

1 Persons coming from a high-risk country or from a high-risk area who wish to enter Switzerland must meet at least one of the following requirements:1

a.
they are Swiss citizens;
b.2
they have a travel document;
1.3
a residence document, in particular a Swiss residence 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, and
2.4
an entry permit with a visa issued by Switzerland or the assurance of a residence permit;
c.5
they have rights under the Agreement on the Free Movement of Persons;
d.
they are transporting goods for commercial purposes and can provide a bill of lading for the goods;
e.6
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.7
they are a specialist in the healthcare sector and need to enter Switzerland for important professional reasons.

1bis ...8

1ter Foreign nationals who do not come within the scope of the Agreement of 21 June 19999 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 (AFMP) or the Convention of 4 January 196010 establishing the European Free Trade Association (EFTA Convention) must also meet the entry requirements set out in Article 5 of the Foreign Nationals and Integration Act of 16 December 200511 (FNIA).12

1quater The competent authorities shall conduct risk-based checks.13

2 The persons concerned must provide credible evidence that they meet at least one of the above-mentioned requirements. The State Secretariat for Migration shall issue the required directives.14

3 Decisions taken by the competent authorities may be enforced immediately. Article 65 of the FNIA applies mutatis mutandis. An appeal may be filed against the SEM decision within 30 days of notification. The appeal does not have suspensive effect.15

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 external borders at airfields may be refused entry, unless at least one of the requirements in paragraph 1 is met.16 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.17


1 Amended by No I of the O of 8 May 2020 (Transitional Phase 2: Relaxation of Migration Measures), in force since 11 May 2020 (AS 2020 1505).
2 Amended by No I of the O of 18 March 2020, in force since 19 March 2020 (AS 2020 841).
3 Amended by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), in force since 15 June 2020 (AS 2020 2099).
4 Amended by No I of the O of 8 May 2020 (Transitional Phase 2: Relaxation of Migration Measures), in force since 11 May 2020 (AS 2020 1505).
5 Amended by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), in force since 15 June 2020 (AS 2020 2099).
6 Amended by No I of the O of 18 March 2020, in force since 19 March 2020 (AS 2020 841).
7 Inserted by No I of the O of 18 March 2020, in force since 19 March 2020 (AS 2020 841).
8 Inserted by No I of the O of 1 April 2020 (Channelling of Border Traffic) (AS 2020 1137). Repealed by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), with effect from 15 June 2020 (AS 2020 2099).
9 SR 0.142.112.681
10 SR 0.632.31
11 SR 142.20
12 Inserted by No I of the O of 8 May 2020 (Transitional Phase 2: Relaxation of Migration Measures) (AS 2020 1505). Amended by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), in force since 15 June 2020 (AS 2020 2099).
13 Inserted by No I of the O of 8 May 2020 (Transitional Phase 2: Relaxation of Migration Measures), in force since 11 May 2020 (AS 2020 1505).
14 Amended by No I of the O of 16 April 2020 (Restrictions on the Import and Export of Goods), in force since 17 April 2020 (AS 2020 1245).
15 Amended by No I of the O of 8 May 2020 (Transitional Phase 2: Relaxation of Migration Measures), in force since 11 May 2020 (AS 2020 1505).
16 Amended by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), in force since 15 June 2020 (AS 2020 2099).
17 Amended by No I of the O of 18 March 2020, in force since 19 March 2020 (AS 2020 841).

  Art. 3a1

1 Inserted by No I of the O of 8 May 2020 (Transitional Phase 2: Relaxation of Migration Measures) (AS 2020 1505). Repealed by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), with effect from 15 June 2020 (AS 2020 2099).

  Art. 3b1Admission of foreign nationals without rights of free movement

1 In the case of foreign nationals who are not covered by the AFMP or the EFTA Convention2, concerns related to public health protection are not taken into consideration for the purposes of admission for a stay in order to work provided the admission requirements under the FNIA3 are met and:4

a.5
the foreign national concerned meets the requirements of Article 3 paragraph 1 letter f or g;
b.
the application for admission was approved before 19 March 2020, but the entry permit, visa or assurance of a residence permit could not be issued because of measures taken under this Ordinance;
c.
the application by the employer was filed before 19 March 2020; or
d.6
admission is in connection with work:
1.
that is in the overriding public interest, in particular in relation to the national economic supply,
2.
for which there is an urgent economic necessity, or
3.
that is carried out in an institution for education or training.

2 Admission for the purpose of work under paragraph 1 letter b or c in an establishment that is affected by measures in accordance with Chapter 3 and in particular that falls within the scope of Article 6 paragraph 2 is not permitted.


1 Inserted by No I of the O of 8 May 2020 (Transitional Phase 2: Relaxation of Migration Measures), in force since 11 May 2020 (AS 2020 1505).
2 SR 0.632.31
3 SR 142.20
4 Amended by No I of the O of 27 May 2020 (Transitional Phase 3: Relaxation of Migration Measures), in force since 8 June 2020 (AS 2020 1823).
5 Amended by No I of the O of 27 May 2020 (Transitional Phase 3: Relaxation of Migration Measures), in force since 8 June 2020 (AS 2020 1823).
6 Inserted by No I of the O of 27 May 2020 (Transitional Phase 3: Relaxation of Migration Measures), in force since 8 June 2020 (AS 2020 1823).

  Art. 3c1Family reunification

Concerns related to public health protection are not taken into consideration for admission:

a.2
for the purpose of family reunification under Articles 42–45 and 85 paragraph 7 FNIA3;
b.
in order to make administrative preparations for a wedding or for the certification of a registered partnership;
c.
of the unmarried partners of Swiss citizens or of foreign nationals who hold a residence or permanent residence permit.

1 Inserted by No I of the O of 8 May 2020 (Transitional Phase 2: Relaxation of Migration Measures (AS 2020 1505). Amended by No I of the O of 27 May 2020 (Transitional Phase 3: Relaxation of Migration Measures), in force since 8 June 2020 (AS 2020 1823).
2 Amended by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), in force since 15 June 2020 (AS 2020 2099).
3 SR 142.20

  Art. 3cbis1Admission for education or training

For foreign nationals who are undergoing education or training under Article 27 FNIA2, concerns related to public health protection are not taken into consideration for admission for the purposes of a stay, provided the education or training course lasts for more than 90 days.


1 Inserted by No I of the O of 27 May 2020 (Transitional Phase 3: Relaxation of Migration Measures) (AS 2020 1823). Amended by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), in force since 15 June 2020 (AS 2020 2099).
2 SR 142.20

  Art. 3d1

1 Originally Art. 3a. Inserted by No I of the O of 16 April 2020 (Restrictions on the Import and Export of Goods) (AS 2020 1245). Repealed by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), with effect from 15 June 2020 (AS 2020 2099).

  Art. 3e1Health-related measures at the border

1 The FDHA, in consultation with the FDJP and the Federal Department of Finance (FDF), may order health-related measures at the border in accordance with Articles 35 and 41 paragraphs 2 and 4 EpidA for persons entering Switzerland from a high-risk country or area.

2 The measures are listed in Annex 7.


1 Inserted by No I of the O of 27 May 2020 (Transitional Phase 3: Relaxation of Migration Measures), in force since 3 June 2020 (AS 2020 1823).

  Art. 41Provisions on cross-border passenger and goods transport2

1 The FDJP in consultation with the FDHA, the Federal Department of the Environment, Transport, Energy and Communications (DETEC), the FDF and the FDFA shall decide on restrictions on air passenger services from high-risk countries or areas.3

2 It may in particular suspend passenger transport for certain flights, close individual airfields with international borders to passenger transport from high-risk countries or areas or simply prohibit passenger transport to Switzerland from high-risk countries or areas.4

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

4 and 5 ...5


1 Originally Art. 3a. Amended by No I of the O of 18 March 2020, in force since 19 March 2020 (AS 2020 841).
2 Amended by No I of the O of 16 April 2020 (Restrictions on the Import and Export of Goods), in force since 17 April 2020 (AS 2020 1245).
3 Amended by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), in force since 15 June 2020 (AS 2020 2099).
4 Amended by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), in force since 15 June 2020 (AS 2020 2099).
5 Inserted by No I of the O of 1 April 2020 (Channelling of Border Traffic) (AS 2020 1137). Repealed by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), with effect from 15 June 2020 (AS 2020 2099).

  Art. 4a1Granting of visas

The granting of Schengen visas and of national visas and entry permits to persons from high-risk countries or areas in accordance with Annex 1 shall be suspended. Exempted from the foregoing are applications from persons who are admitted in accordance with Article 3b paragraph 1 letters b and d or Article 3c or who meet the requirements of Article 3 paragraph 1 letter f or g.


1 Inserted by No I of the O of 18 March 2020 (AS 2020 841). Amended by No I of the O of 27. Mai 2020 (Transitional Phase 3: Relaxation of Migration Measures), in force since 8 June 2020 (AS 2020 1823).


  Section 3 Export Controls7 

  Art. 4b1Export licence

1 A licence from the State Secretariat for Economic Affairs (SECO) is required for the export from Swiss customs territory of the goods listed in Annex 3, if applicable in addition to the authorisation required under the law on therapeutic products and narcotics.2

2 Paragraph 1 does not apply to the export of goods:3

a.
provided reciprocity is guaranteed, to EU member states, the overseas countries and territories listed in Annex II of the Treaty of 13 December 20074 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.

1 Originally Art. 10d. Inserted by No I of the O of 25 March 2020, in force since 26 March 2020 (AS 2020 1065).
2 Amended by No I of the O of 8 May 2020 (Relaxation of Export Controls), in force since 11 May 2020 (AS 2020 1501).
3 Amended by No I of the O of 8 May 2020 (Relaxation of Export Controls), in force since 11 May 2020 (AS 2020 1501).
4 OJ l. C 326 of 26.10.2012, p. 47.

  Art. 4c1Procedure and decision

1 The application must be submitted via the ELIC electronic licensing system operated 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 are sufficient goods under Annex 3 for healthcare facilities, other medical personnel, patients, civil protection and civil defence and for rescue and security authorities and organisations in Switzerland.2

5 Before making its decision, SECO shall consult the Federal Office for National Economic Supply, the Federal Office of Public Health (FOPH), the Federal Office for Civil Protection and the Coordinated Medical Services (CMS). The competent bodies shall in particular declare the quantities of protective equipment or essential medical goods that have been reported in compliance with the duty to report under paragraphs 2–4.3

5bis SECO may decide on applications for the export of up to 10 000 items of goods in accordance with Annex 3 list 1 (protective equipment) without consultations in accordance with paragraph 5.4

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 considerations, 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 Refugees5;
c.
the Global Outbreak Alert and Response Network (GOARN) of the World Health Organization (WHO).

1 Originally Art. 10e. Inserted by No I of the O of 25 March 2020, in force since 26 March 2020 (AS 2020 1065).
2 Amended by No I of the O of 8 May 2020 (Relaxation of Export Controls), in force since 11 May 2020 (AS 2020 1501).
3 Amended by No I of the O of 3 April 2020 (Provision of Essential Medical Goods), in force since 4 April 2020 (AS 2020 1155).
4 Inserted by No I of the O of 8 May 2020 (Relaxation of Export Controls), in force since 11 May 2020 (AS 2020 1501).
5 Convention of 28 July 1951 relating to the Status of Refugees (SR 0.142.30)


  Section 48  Provision of Essential Medical Goods

  Art. 4d Definition

1 Medicinal products, medical devices and protective equipment (essential medical goods) that are important and urgently needed to prevent and combat the coronavirus (COVID-19) are the goods listed in Annex 4.

2 The FOPH is responsible for the list, shall update the same regularly in consultation with the Armed Forces Pharmacy, the Spiez Laboratory and the Therapeutic Products Division of the Federal Office for National Economic Supply with regard to the goods to be procured, and shall decide on the quantities required in each case.

  Art. 4e Duty to report

1 The cantons are obliged to report regularly to the CMS on the current stocks of essential medical goods in their healthcare facilities, subject to paragraphs 2 and 3.

2 The cantons, hospitals and manufacturers and distributors of medicinal products are obliged to report regularly to the Therapeutic Products Division of the Federal Office for National Economic Supply on their current stocks of specific medicinal products listed in Annex 4 number 1.

3 Laboratories and manufacturers and distributors of in vitro diagnostics (COVID-19 tests) are obliged to report regularly to the Spiez Laboratory on their current stocks of such tests.

4 The CMS may request details of stocks from companies that store essential medical goods.

  Art. 4f Procurement of essential medical goods

1 In order to support the provision of essential medical goods to the cantons and their healthcare facilities, charitable organisations (for example Swiss Red Cross) and third parties (for example laboratories, pharmacies), essential medical goods may be procured if requirements cannot be covered through the normal procurement channels.

2 The essential medical goods that are required shall be determined on the basis of the data transmitted in accordance with Article 4e.

3 The following bodies are responsible for procuring essential medical goods under paragraph 1 on behalf of the FOPH:

a.
for medical devices and protective equipment: the Armed Forces Pharmacy;
b.
for medicinal products: the FOPH in consultation with the Therapeutic Products Division of the Federal Office for National Economic Supply.

4 The responsible authorities may delegate the procurement of essential medical goods to third parties.

5 When procuring essential medical goods, the Armed Forces Pharmacy may take calculated risks and, having obtained the approval of the Federal Finance Administration, diverge from the provisions of existing directives and the Financial Budget Act of 7 October 20051 in relation to risks, such as prepayment without security or currency hedging.2


1 SR 611.0
2 Inserted by No I of the O of 29 April 2020 (Transitional Phase 2: Schools, Shops and Sport), in force since 30 April 2020 (AS 2020 1401).

  Art. 4g Allocation of essential medical goods

1 The cantons shall submit requests for allocation to the CMS as required.

2 Allocation shall be made continuously based on the supply situation and the current number of cases in each canton.

3 The CMS in consultation with the FOPH and the Therapeutic Products Division of the Federal Office for National Economic Supply may allocate essential medical goods to the cantons, to charitable organisations and to third parties.

4 The Spiez Laboratory in consultation with the FOPH is responsible for allocating in vitro diagnostics (COVID-19 tests). Allocation applies to all tests available in Switzerland.

  Art. 4h Delivery and distribution of essential medical goods

1 The Confederation or the third parties that it instructs shall ensure the delivery of the essential medical goods procured under Article 4f to a distribution centre for each canton. In exceptional cases, the Confederation in consultation with the cantons may supply eligible facilities and organisations directly.

2 The cantons shall designate cantonal distribution centres for goods that are not supplied directly to the recipient, and shall give notice of these to the responsible federal authorities.

3 They shall ensure that essential medical goods that have been delivered are distributed as required and in good time on their territory.

  Art. 4hbis1Direct sales by the Confederation

The Confederation may sell the essential medical goods defined in Article 4d on the market in return for payment, either itself or through third parties.


1 Inserted by No I of the O of 29 April 2020 (Transitional Phase 2: Schools, Shops and Sport), in force since 30 April 2020 (AS 2020 1401).

  Art. 4i Costs

1 The costs of procuring essential medical goods shall be funded in advance by the Confederation in the cases where it procures the goods.

2 The cantons, charitable organisations and third parties shall notify the Confederation as quickly as possible of the purchasing costs of the essential medical goods supplied to them where the Confederation has assumed responsibility for their procurement in accordance with Article 4f paragraph 1.

3 The Confederation shall bear the costs of delivering the procured essential medical goods to the cantons.

4 The cantons shall bear the costs of distributing these essential medical goods within the canton.

  Art. 4j Requisitioning

1 If the provision of essential medical goods under Article 4f cannot be guaranteed, the FDHA may require individual cantons or public healthcare facilities that have adequate stocks of medicinal products under Annex 4 number 1 to deliver part of their stocks to other cantons or healthcare facilities. The cantons or healthcare facilities shall charge the recipient directly for the costs of the goods and their delivery at the sale price.

2 Subject to the requirement of paragraph 1, the FDHA may order the requisitioning of essential medical goods held by companies. The Confederation shall pay compensation at the sale price.

  Art. 4k Manufacture

1 If the provision of essential medical goods under Article 4f cannot otherwise be guaranteed, the Federal Council may require manufacturers to produce essential medical goods, to prioritise the production of such goods or to increase production volumes.

2 The Confederation may contribute to the cost of production under paragraph 1 where manufacturers suffer financial disadvantages as a result of the changeover in production or the cancellation of private orders.

  Art. 4l Exceptions to the requirement of authorisation for medicinal products

1 Medicinal products that are manufactured with active substances under Annex 5 for the treatment of COVID-19 patients may, provided an application for authorisation of a medicinal product containing one of these active substances has been filed, be placed on the market without authorisation pending Swissmedic’s decision on authorisation. When examining applications for authorisation, Swissmedic may permit a relaxation of the relevant requirements for such medicinal products under the law on therapeutic products on the basis of a risk-benefit analysis.

2 Amendments to the authorisation for a medicinal product authorised in Switzerland containing an active substance under Annex 4 number 1 that is used to prevent and treat the coronavirus in Switzerland may be made immediately after filing a corresponding amendment application. Swissmedic may permit a relaxation of the relevant requirements for such amendments under the law on therapeutic products on the basis of a risk-benefit analysis.

3 The FOPH shall regularly update the list in Annex 5 after consulting Swissmedic.

4 Swissmedic may on the basis of a risk-benefit analysis permit changes to the manufacturing process approved within the framework of the authorisation of medicinal products used to prevent and treat the coronavirus in Switzerland. It shall specify criteria according to which the person responsible for technical matters may grant an early market release for medicinal products used to prevent and treat the coronavirus in Switzerland.

  Art. 4m Exceptions to the provisions on the import of medicinal products

1 Pharmacists that have pharmaceutical responsibility in a hospital pharmacy may import non-authorised medicinal products with active substances under Annex 5 for the treatment of COVID-19 patients. A company with a wholesale or import licence may be instructed to import such medicinal products.

2 Notice of the import must be given to Swissmedic within 10 days of the arrival of goods.

3 In order to prevent and treat the coronavirus in Switzerland, Swissmedic may allow the temporary placing on the market of a medicinal product as a short-term solution for the temporary non-availability of an identical medicinal product authorised in Switzerland, provided no essentially identical medicinal product is authorised and available in Switzerland.

  Art. 4n Exceptions for medical devices

1 In response to an application, Swissmedic may authorise the placing on the market and use of medical devices that have not undergone a conformity assessment procedure in accordance with Article 10 the Medical Devices Ordinance of 17 October 20011 (MedDO), provided their use for preventing and combating the coronavirus in Switzerland is in the interests of public health or patient safety or health and provided, taking account of their intended purpose, their fulfilment of the essential requirements and their effectiveness and performance are adequately proven.

2 When assessing the risks under paragraph 1, Swissmedic shall in particular take account of the procurement needs identified by the FOPH for preventing and combating the coronavirus in Switzerland.

3 Authorisation shall be granted to the Swiss distributor or the applicant institution or healthcare facility. It may be made subject to a time limit and other conditions and requirements.

3bis Facemasks which have not undergone a conformity assessment procedure under Article 10 MedDO may be placed on the market without authorisation under paragraph 1 provided:

a.
they are placed on the market exclusively for non-medical use; and
b.
their effectiveness has been proven by a Swiss testing laboratory that has been accredited in accordance with European standard SN EN ISO/IEC 17025, 2005, «General Requirements for the competence of testing and calibration laboratories»2.3

3ter Facemasks placed on the market in accordance with paragraph 3bis may not be used in hospitals or medical practices by persons in direct contact with patients.4

4 The obligations in relation to product surveillance under the MedDO, in particular to collecting reports of incidents, continue to apply.


1 SR 812.213
2 The text of this standard may be inspected at Swissmedic, Hallerstrasse 7, 3000 Bern 9; it may also be obtained for a fee from the Swiss Association for Standardization (SNV), Sulzerallee 70, 8404 Winterthur; www.snv.ch.
3 Inserted by No I of the O of 29 April 2020 (Transitional Phase 2: Schools, Shops and Sport), in force since 24 April 2020 (AS 2020 1401).
4 Inserted by No I of the O of 29 April 2020 (Transitional Phase 2: Schools, Shops and Sport), in force since 24 April 2020 (AS 2020 1401).

  Art. 4o Exceptions for personal protective equipment

1 In the case of protective equipment in accordance with Annex 4 number 3 that is manufactured and placed on the market in Switzerland or imported into Switzerland and placed on the market here, a derogation may made from the rules and procedures for the conformity assessment under Article 3 paragraph 2 of the PPE Ordinance of 25 October 20171 (PPEO) if the use of the equipment for preventing and combating the coronavirus in Switzerland is in the interests the public health or patient safety or health.

2 Derogations under paragraph 1 are permitted provided an appropriate level of safety in view of the relevant legal requirements under the PPEO is guaranteed and the equipment is manufactured in accordance with:

a.
a harmonised European standard with a pending conformity assessment procedure;
b.
a standard mentioned in the WHO guidelines; or
c.
another, non-European standard or another technical solution.

3 The inspection bodies that are responsible for PPE under Annex 4 number 3 in accordance with Article 3 the EAER Ordinance of 18 June 20102 on Conducting Market Surveillance pursuant to Section 5 of the Ordinance on Product Safety shall examine and approve specific technical solutions in accordance with paragraph 2.


1 SR 930.115
2 SR 930.111.5


  Chapter 3 Measures that apply to the Population, Organisations and Institutions9 

  Art. 51Compulsory schools, upper secondary level schools, tertiary level institutions and other educational institutions

1 Classroom teaching in compulsory schools, upper secondary level schools, tertiary level institutions and in other educational institutions is permitted provided a precautionary measures plan in accordance with paragraphs 4-6 is implemented.

2 The cantons shall decide how classroom teaching is carried out in compulsory schools, upper secondary level schools and cantonal tertiary level institutions.

3 If classroom teaching does not take place in compulsory schools, the cantons shall provide suitable childcare services for school pupils.

4 In consultation with the Swiss Conference of Cantonal Directors of Education in the case of compulsory schools, upper secondary level schools and cantonal tertiary level institutions, and the Rectors’ Conference of the Swiss Universities (swissuniversities) for the higher education sector, the FOPH shall decide on the measures required to minimise the risk of transmission to pupils and students and to persons working in the school. The cantons shall ensure that the requirements of the precautionary measures plans are met in schools and in related childcare services.

5 In the domain of the Swiss Federal Institutes of Technology (ETH Domain), the FOPH shall work with the ETH Board to decide on the measures under paragraph 4. The ETH Board shall ensure that the relevant requirements are met in the ETH Domain through precautionary measures plans.

6 All other educational institutions, children’s nurseries and other childcare services must prepare and implement a precautionary measures plan. Article 6d applies mutatis mutandis.

4 The competent cantonal authority shall monitor the implementation of the precautionary measures plans.


1 Amended by No I of the O of 27 May 2020 (Transitional Phase 3: Further relaxation of measures), in force since 6 June 2020 (AS 2020 1815).

  Art. 5a1

1 Inserted by No I of the O of 29 April 2020 (Transitional Phase 2: Schools, Shops and Sport) (AS 2020 1401). Repealed by No I of the O of 27 May 2020 (Transitional Phase 3: Further relaxation of measures), with effect from 6 June 2020 (AS 2020 1815).

  Art. 61Events

1 ...

2 Events with over 300 persons are prohibited.

3 For events and for businesses and establishments where such events are held, such as cinemas, concert venues and theatres, the following applies:

a.
A precautionary measures plan in accordance with Article 6d must be prepared and implemented.
b.
If persons in attendance who do not live in the same household come into close proximity with each other, Article 6e on collecting contact details also applies.
c.
The event organiser must designate a person as responsible for ensuring compliance with the precautionary measures plan.

4 In the case of private events, in particular family events, that are not held in an establishment or business under Article 6a where the organisers know who the participants are, the following applies:

a.
The FOPH recommendations on hygiene and social distancing must be complied with; however compliance with these recommendations is not required if it is not expedient, in particular in the case of parents with their children or in the case of persons who live in the same household.
b.
If persons who do not live in the same household come into close proximity with each other, the obligation to pass on contact details under Article 6e paragraph 1 letter b applies.

5 For holiday camps for children and young adults, only paragraph 3 letters a and c apply, together with the obligation to pass on contact details under Article 6e paragraph 1 letter b.

6 For sports events, only the requirements of Article 6c apply.


1 Amended by No I of the O of 27 May 2020 (Transitional Phase 3: Further relaxation of measures), in force since 6 June 2020, with exception of para. 1 in force since 6 July 2020 (AS 2020 1815).

  Art. 6a1Establishments and businesses

1 Publicly accessible establishments and businesses must prepare and implement a precautionary measures plan in accordance with Article 6d. This applies in particular to:

a.
shops and markets for selling goods;
b.
shops and businesses offering services, such as post offices, banks, travel agents, hairdressers or tattoo studios;
c.
museums, libraries and archives;
d.
stations and other public transport facilities and businesses, as well as tourist transport systems;
e.
public administration offices;
f.
social work establishments (e.g. contact points);
g.
healthcare facilities, such as hospitals, clinics and medical practices, as well as practices and facilities operated by healthcare specialists under federal and cantonal law;
h.
hotel and accommodation establishments, as well as campsites and pitches for the travelling community;
i.
take-away businesses, and meal (home) delivery services;
j.
restaurant-type businesses, including cafés, bars and canteens (staff or school canteens);
k.
discotheques, dance halls and nightclubs;
l.
leisure and entertainment establishments, such as cinemas, concert venues, theatres, casinos, sports centres, fitness centres, swimming pools, spas, botanical and zoological gardens and zoos;
m.
strip clubs and services offered by sex workers, including those offered on private premises.

2 If persons who do not live in the same household come into close proximity with each other in establishments and businesses under paragraph 1 letters k–m, Article 6e on collecting contact details also applies.

3 Discotheques, dance halls and nightclubs may permit a maximum of 300 guests to enter their premises each day.

4 The following also applies to restaurant-type businesses under paragraph 1 letter j:

a.
The groups of guests must be placed at individual tables in such a manner that compliance with the FOPH recommendations on social distancing between the groups is ensured; the foregoing does not apply to canteens in compulsory schools.
b.
Guests must sit when consuming food and drinks.
c.
For each group of guests comprising 4 or more persons, the contact details of at least one guest must be obtained. Article 6e paragraph 1 applies; the foregoing does not apply to the self-service areas, canteens in compulsory schools and staff canteens;
d.
Staff canteens may only be used by persons working in the establishment concerned and canteens in compulsory schools may only be used by school pupils, teaching staff and other school employees.

5 Restaurant-type businesses under paragraph 1 letter j and discotheques, dance halls and night clubs must remain closed between midnight and 6.00am.


1 Inserted by No I of the O of 16 April 2020 (Transitional Phase 1; Employees at High Risk; Employers’ Obligations) (AS 2020 1249). Amended by No I of the O of 27 May 2020 (Transitional Phase 3: Further relaxation of measures), in force since 6 June 2020 (AS 2020 1815).

  Art. 6b1Political rallies and demonstrations and collecting signatures

1 No more than 300 persons may participate in any political rally or demonstration.

2 For rallies and demonstrations under paragraph 1 and when collecting signatures, the organiser must:

a.
prepare and implement a precautionary measures plan under Article 6d;
b.
designate a person as responsible for ensuring compliance with the precautionary measures plan and as a contact person for the competent authorities during the rally, demonstration or signature collection.

1 Originally Art. 6a. Inserted by No I of the O of 16 March 2020 (AS 2020 783). Amended by No I of the O of 27 May 2020 (Transitional Phase 3: Further relaxation of measures), in force since 6 June 2020 (AS 2020 1815).

  Art. 6c1Sport

1 In the case of sports events, including matches in the presence of spectators, no more than 300 persons may be present.

2 The organisers of sports activities, in particular clubs and operators of sports facilities, must prepare and implement a precautionary measures plan under Article 6d.

3 For sports activities that require continuous close physical contact, in particular competitive dancing, wrestling, American football and rugby, the following applies:

a.
training sessions are only permitted for established teams and provided a list of contact details is kept; Article 6e paragraph 1 letters b and c apply.
b.
matches are prohibited.

4 For matches with spectators the following applies:

a.
The spectators must comply with the FOPH recommendations on hygiene and social distancing, and a person must be designated as responsible for compliance; the recommendations on social distancing do not apply to persons for whom compliance is not expedient, in particular parents with their children or persons who live in the same household.
b.
If spectators come into close proximity with each other, Article 6e on the collection of contact details applies.

1 Inserted by No I of the O of 27 May 2020 (Transitional Phase 3: Further relaxation of measures), in force since 6 June 2020 (AS 2020 1815).

  Art. 6d1Precautionary measures plans

1 The precautionary measures plans that must be prepared and implemented by the operators of establishments and organisers of events under Articles 6–6c must guarantee that the risk of transmission is minimised for:

a.
customers, clients, visitors and participants; and
b.
persons working in the establishment or business, or at the event.

2 The FOPH shall specify the requirements for precautionary measures plans; it shall do so in cooperation with other responsible federal authorities, in particular SECO in relation to employment law aspects, the Federal Food Safety and Veterinary Office in relation to restaurant-type businesses and the Federal Office of Sport in relation to sports activities.

3 The sectoral or professional or sports associations shall if possible devise general plans for their sectors or field that take account of the requirements referred to in paragraph 2. The sectoral or professional associations shall consult their social partners thereon.

4 The operators and organisers shall if possible base their precautionary measures plans on the general plans for their sector or their associations under paragraph 3 or directly on the requirements under paragraph 2.

5 The competent cantonal authorities shall close individual facilities or prohibit individual events where the operator or organiser fails to prepare for adequate precautionary measures or fails to implement such measures.


1 Inserted by No I of the O of 27 May 2020 (Transitional Phase 3: Further relaxation of measures), in force since 6 June 2020 (AS 2020 1815).

  Art. 6e1Collection of contact details at events and in establishments and businesses

1 Where persons come into close proximity with each other, the precautionary measures plan must contain the following measures on collecting contact details:

a.
The first name, surname and telephone number of participants, visitors or guests must be recorded; they must be informed of the reason for doing this beforehand.
b.
Pursuant to Article 33 EpidA, these contact details must be passed on to the responsible cantonal authority at its request for the purpose of identifying and notifying persons who may have been infected.
c.
The contact details may not be used for any other purpose, must be kept for 14 days after the person concerned participated in the event or visited the establishment or business and thereafter must be destroyed immediately; the foregoing does not apply if the person concerned expressly consents to the further processing of the data.

2 Persons come into close proximity under paragraph 1 if they are within two metres of each other for a period of more than fifteen minutes, unless protective measures are taken, such a wearing a face mask or providing suitable protective barriers.

3 In setting out the requirements for precautionary measures plans under Article 6d paragraph 2, the FOPH shall specify in greater detail what is considered to be in close proximity with regard to the activities in specific sectors or areas. In doing so, it shall take account of the latest medical science.


1 Inserted by No I of the O of 27 May 2020 (Transitional Phase 3: Further relaxation of measures), in force since 6 June 2020 (AS 2020 1815).

  Art. 6f1Company 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 convening 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 10. Notification of the order must be given in writing or published online no later than four days before the event.


1 Inserted by No I of the O of 27 May 2020 (Transitional Phase 3: Further relaxation of measures), in force since 6 June 2020 (AS 2020 1815).

  Art. 71Exceptions

The competent cantonal authority may authorise exceptions to the bans under Articles 5–6 if:

a.
overriding public interests so require; and
b.
the organiser or the establishment manager submits a precautionary measures plan under Article 6d that also includes specific preventive measures, in particular:
1.
measures to exclude persons who are or who feel ill,
2.
measures to protect persons at high risk,
3.
measures to avoid chains of infection.

1 Amended by No I of the O of 27 May 2020 (Transitional Phase 3: Further relaxation of measures), in force since 6 June 2020 (AS 2020 1815).

  Art. 7a1Providing the population with food

1 Postal service providers as defined in Article 1 letter a of the Postal Service Ordinance of 29 August 20122 are permitted to deliver to the population on each day of the week and in all parts of the country foodstuffs and everyday household articles that have been ordered online.

2 Special authorisation from 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 December3, 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.


1 Inserted by No I of the O of 20 March 2020, in force since 21 March 2020 (AS 2020 863).
2 SR 783.01
3 SR 741.01

  Art. 7b1Universal provision of services by SwissPost

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 20102 (PostSA). Goods transport and payment transactions in accordance with the PostSA must be maintained if at all possible.


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

  Art. 7c1Ban on gatherings of people in public areas

1 Gatherings of more than 30 persons in public areas, in particular in public places, on footpaths or in parks are prohibited. The foregoing does not apply to gatherings of school children in school playgrounds.2

2 In the case of gatherings of up to 30 persons, the FOPH recommendations on hygiene and social distancing must be complied with; the recommendations on social distancing do not apply to persons for whom compliance is not expedient, in particular schoolchildren, parents with their children, or persons who demonstrably live in the same household.3

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


1 Inserted by No I of the O of 20 March 2020, in force since 21 March 2020 (AS 2020 863).
2 Amended by No I of the O of 27 May 2020 (Transitional Phase 3: Further Relaxation of Measures), in force since 30 May 2020 (AS 2020 1815).
3 Amended by No I of the O of 27 May 2020 (Transitional Phase 3: Further Relaxation of Measures), in force since 30 May 2020 (AS 2020 1815).

  Art. 7d1Preventive 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 construction 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.2

2 Pursuant to the health protection provisions in Article 6 of the Employment Act of 13 March 19643, the executive authorities under the Employment Act and the Federal Act of 20 March 19814 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.

1 Inserted by No I of the O of 20 March 2020, in force since 21 March 2020 (AS 2020 863).
2 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).
3 SR 822.11
4 SR 832.20

  Art. 7e1Exceptions 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 support is provided by other cantons.
b.
The sectors concerned are highly unlikely to be able to implement the preventive measures under Article 7d paragraph 1.
c.
The social partners, once consulted, agree to the measures provided for in paragraph 1.
d.2
The provision of the population with goods to meet daily needs and with essential 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 compromised by the absence of cross-border commuters.

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 Confederation.

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.3

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.


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

  Art. 8 Controls by law enforcement agencies and obligation 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.1

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


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

  Art. 91

1 Repealed by No I of the O of 1 April 2020, with effect from 2 April 2020 (AS 2020 1131).


  Chapter 4 Healthcare Provision10 

  Art. 10 Duty to report1

The cantons are required to report the following information regularly to the CMS:

a.
the total number and occupancy of hospital beds;
b.2
the total number and occupancy of hospital beds that are available for treating cases of COVID-19 and the number of patients currently being treated for COVID-19;
c.3
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;
d.
the total number and availability of devices for extracorporeal membrane oxygenation (ECMO);
e.4
...
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 numbers of beds and staff available.

1 Inserted by No I of the O of 16 March 2020, in force since 17 March 2020 (AS 2020 783).
2 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).
3 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).
4 Repealed by No I of the O of 3 April 2020 (Provision of Essential Medical Goods), with effect from 4 April 2020 (AS 2020 1155).

  Art. 10a1Hospitals and clinics2

1 ...3

2 The cantons shall ensure that sufficient capacities (in particular beds and specialist staff) are available in the inpatient departments of hospitals and clinics for COVID-19 patients and for other urgently required medical examinations and treatments, in particular in the intensive care units and the general internal medicine departments.4

3 For this purpose, they may require hospitals and clinics:

a.
to make their inpatient capacities available immediately or on demand; and
b.
to restrict or suspend non-urgent medical procedures and treatments.5

4 The hospitals and clinics must ensure that supplies of medicinal products for COVID-19 patients and for other urgently required medical examinations and treatments is guaranteed in their outpatient and inpatient departments.6

5 ...7


1 Inserted by No I of the O of 16 March 2020, in force since 17 March 2020 (AS 2020 783).
2 Amended by No I of the O of 22 April 2020 (Transitional Phase 1; Relaxation of Measures in the Healthcare Sector), in force since 27 April 2020 (AS 2020 1333).
3 Repealed by No I of the O of 22 April 2020 (Transitional Phase 1; Relaxation of Measures in the Healthcare Sector), with effect from 27 April 2020 (AS 2020 1333).
4 Amended by No I of the O of 22 April 2020 (Transitional Phase 1; Relaxation of Measures in the Healthcare Sector), in force since 27 April 2020 (AS 2020 1333).
5 Inserted by No I of the O of 20 March 2020 (AS 2020 863). Amended by No I of the O of 22 April 2020 (Transitional Phase 1; Relaxation of Measures in the Healthcare Sector), in force since 27 April 2020 (AS 2020 1333).
6 Inserted by No I of the O of 20 March 2020 (AS 2020 863). Amended by No I of the O of 22 April 2020 (Transitional Phase 1; Relaxation of Measures in the Healthcare Sector), in force since 27 April 2020 (AS 2020 1333).
7 Inserted by No I of the O of 20 March 2020 (AS 2020 867). Repealed by No I of the O of 20 May 2020 (Religious Services and other Religious Events including Funerals), with effect from 30 May 2020 (AS 2020 1751).

  Art. 10abis1Assumption of costs for diagnostic molecular-biological analyses

1 Where the costs of diagnostic molecular-biological analyses for SARS-CoV-2 in the case of persons displaying symptoms that meet the FOPH clinical criteria for suspicion, sampling and reporting of 22 April 20202 are not covered under the provisions of the Federal Act of 18 March 19943 on Health Insurance or the Federal Act of 20 March 19814 on Accident Insurance, the analyses shall be deemed to be medical investigations ordered in accordance with Articles 31 paragraph 1 and 36 EpidA.

2 In these cases, in accordance with Article 71 letter a EpidA, the costs shall be paid by the canton in which the person concerned is resident.


1 Inserted by No I of the O of 29 April 2020 (Transitional Phase 2: Schools, Shops and Sport), in force since 30 April 2020 (AS 2020 1401).
2 Available at www.bag.admin.ch > Krankheiten > Infektionskrankheiten bekämpfen > Meldesysteme für Infektionskrankheiten > Meldepflichtige Infektionskrankheiten > Meldeformulare.
3 SR 832.10
4 SR 832.20


  Chapter 511  Persons at High Risk12 

  Art. 10b Principle

1 ...1

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.

3 The categories mentioned in paragraph 2 shall be specified according to medical criteria in Annex 6. This list is not exhaustive; the clinical assessment of the risk in individual cases is reserved.2

4 The FOPH shall regularly update Annex 6.3


1 Repealed by No I of the O of 27 May 2020 (Transitional Phase 3: Further relaxation of measures), with effect from 6 June 2020 (AS 2020 1815).
2 Inserted by No I of the O of 16 April 2020 (Transitional Phase 1; Employees at High Risk; Employers’ Obligations), in force since 17 April 2020 (AS 2020 1249).
3 Inserted by No I of the O of 16 April 2020 (Transitional Phase 1; Employees at High Risk; Employers’ Obligations), in force since 17 April 2020 (AS 2020 1249).

  Art. 10c1Employers’ obligations related to protecting the health of employees at high risk

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 it is not possible for an employee to carry out normal working duties from home, the employer shall in derogation from the contract of employment assign the employee concerned equivalent alternative work that can be carried out from home for the same pay. The employer shall take the organisational and technical measures required to do this.

3 If for operational reasons the presence of employees at high risk in the normal workplace is essential, the employees may carry out their normal working duties in their normal workplace provided the following requirements are met:

a.
The workplace is organised so as to prevent any close contact with other persons, in particular by providing the employee concerned with his or her own room or a clearly separate working area that allows the employee to maintain a minimum distance of two metres from others.
b.
In cases where close contact cannot be avoided at all times, appropriate protective measures shall be taken in accordance with the STOP principle (substitution, technical measures, organisational measures, personal protective equipment).

4 If it is not possible for the employees concerned to work in accordance with paragraphs 1–3, the employer shall in derogation from the contract of employment assign them equivalent alternative work in their normal workplace for the same pay in conditions which meet the requirements of paragraph 3 letters a and b.

5 Before the employer takes any measures, he or she shall consult the employees concerned.

6 The employee concerned may decline to carry out work assigned to him or her if the employer fails to meet the requirements of paragraphs 1–4 or if the employee regards his or her personal risk of infection with the coronavirus for specific reasons as being too high despite the employer taking measures in accordance with paragraphs 3 and 4. The employer may request a medical certificate.

7 If it is not possible for the employee concerned to work in accordance with paragraphs 1–4, or if the employee declines the work assigned in terms of paragraph 6, the employer shall furlough the employee while continuing to pay his or her salary.

8 Employees shall give notice that they are at high risk by making a personal declaration. The employer may request a medical certificate.


1 Amended by No I of the O of 16 April 2020 (Transitional Phase 1; Employees at High Risk; Employers’ Obligations), in force since 17 April 2020 (AS 2020 1249).

  Art. 10d and 10e1

1 Repealed by No I of the O of 1 April 2020, with effect from 2 April 2020 (AS 2020 1131).


  Chapter 613  Criminal Provisions14 

  Art. 10f

1 Unless a more serious offence under the Criminal Code1 has been committed, any person who wilfully commits any of the following offences is liable to a custodial sentence not exceeding three years or to a monetary penalty:

a.
organises or holds an event prohibited under Article 6;
b.
as the organiser or person responsible fails to comply with or implement the requirements for holding events under Article 6 paragraphs 3–5;
c.
as the person responsible for an establishment or business that is accessible to the public fails to comply with or implement the requirements under Article 6a;
d.
as the organiser or person responsible fails to comply with or implement requirements for holding rallies or demonstrations or collecting signatures under Article 6b;
e.
organises or conducts sports activities that are prohibited by Article 6c;
f.
as the organiser or person responsible fails to comply with or implement the requirements for sports activities permitted under Article 6c.2

2 A fine shall be imposed on any person who:

a.3
violates the ban on gatherings of people in public areas under Article 7c paragraph 1;
b.4
exports protective equipment or essential medical goods for which a licence is required under Article 4b paragraph 1 without holding such a licence;
c.5 ...
d.6
... .7

3 The following offences carry a fixed penalty fine of 100 francs pursuant to the procedure under the Fixed Penalties Act of 18 March 20168.

a.9
violations of the ban on gatherings of people in public areas under Article 7c paragraph 1;
b.10...
c.11
... .12

4 ...13

5  ...14


1 SR 311.0
2 Amended by No I of the O of 27 May 2020 (Transitional Phase 3: Further relaxation of measures), in force since 6 June 2020 (AS 2020 1815).
3 Amended by No I of the O of 27 May 2020 (Transitional Phase 3: Further Relaxation of Measures), in force since 30 May 2020 (AS 2020 1815 1835).
4 Amended by No I of the O of 3 April 2020 (Provision of Essential Medical Goods), in force since 4 April 2020 (AS 2020 1155).
5 Inserted by No I of the O of 1 April 2020 (Channelling of Border Traffic) (AS 2020 1137). Repealed by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), with effect from 15 June 2020 (AS 2020 2099).
6 Inserted by No I of the O of 16 April 2020 (Restrictions on the Import and Export of Goods (AS 2020 1245). Repealed by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), with effect from 15 June 2020 (AS 2020 2099).
7 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).
8 SR 314.1
9 Amended by No I of the O of 27 May 2020 (Transitional Phase 3: Further Relaxation of Measures), in force since 30 May 2020 (AS 2020 1815 1835).
10 Repealed by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), with effect from 15 June 2020 (AS 2020 2099).
11 Inserted by No I of the O of 8 May 2020 (Transitional Phase 2: Relaxation of Migration Measures) (AS 2020 1505). Repealed by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), with effect from 15 June 2020 (AS 2020 2099).
12 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).
13 Inserted by No I of the O of 1 April 2020 (Channelling of Border Traffic) (AS 2020 1137). Repealed by No I of the O of 8 May 2020 (Transitional Phase 2: Relaxation of Migration Measures), with effect from 11 May 2020 (AS 2020 1505).
14 Inserted by No I of the O of 16 April 2020 (Restrictions on the Import and Export of Goods) (AS 2020 1245). Repealed by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), with effect from 15 June 2020 (AS 2020 2099).


  Chapter 7 Final Provisions15 

  Art. 11 Repeal of another enactment

The Ordinance of 28 February 20201 on Measures to Combat the Coronavirus (COVID-19) is repealed.


1 [AS 2020 573]

  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 1.1

4 ...2

5 ...3

6 ...4

7 ...5

8 ...6

9 ...7

10 Chapter 3 (Arts 5–8) and Article 10f paragraphs 1, 2 letter a and 3 letter a apply, subject to the following paragraphs, until 5 July 2020.8

11 Article 6b applies until 30 June 2020.9

12 Article 6 paragraph 1 applies until 31 August 2020.10


1 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).
2 Repealed by No I of the O of 27 May 2020 (Transitional Phase 3: Relaxation of Migration Measures), with effect from 8 June 2020 (AS 2020 1823).
3 Repealed by No I of the O of 16 March 2020, with effect from 17 March 2020 (AS 2020 783).
4 Inserted by No I of the O of 16 March 2020 (AS 2020 783). Repealed by No I of the O of 8 April 2020, with effect from 9 April 2020 (AS 2020 1199).
5 Inserted by No I of the O of 8 April 2020 (AS 2020 1199). Repealed by No I of the O of 16 April 2020 (Transitional Phase 1; Employees at High Risk; Employers’ Obligations), with effect from 27 April 2020 (AS 2020 1249).
6 Inserted by No I of the O of 16 April 2020 (Transitional Phase 1; Employees at High Risk; Employers’ Obligations) (AS 2020 1249). Repealed by No I of the O of 29 April 2020 (Transitional Phase 2: Schools, Shops and Sport), with effect from 11 May 2020 (AS 2020 1401).
7 Inserted by No I of the O of 29 April 2020 (Transitional Phase 2: Schools, Shops and Sport) (AS 2020 1401). Repealed by No I of the O of 27 May 2020 (Transitional Phase 3: Further relaxation of measures), with effect from 6 June 2020 (AS 2020 1815).
8 Inserted by No I of the O of 29 April 2020 (Transitional Phase 2: Schools, Shops and Sport) (AS 2020 1401). Amended by No I of the O of 27 May 2020 (Transitional Phase 3: Further relaxation of measures), in force since 6 June 2020 (AS 2020 1815).
9 Inserted by No I of the O of 27 May 2020 (Transitional Phase 3: Further relaxation of measures), in force since 6 June 2020 (AS 2020 1815).
10 Inserted by No I of the O of 27 May 2020 (Transitional Phase 3: Further relaxation of measures), in force since 6 June 2020 (AS 2020 1815).


  Annex 11 

(Art. 2 para. 2)

  List of high-risk countries and areas

All states outside the Schengen area (civil aviation)


1 Originally Annex. Amended by No I of the FDJP O of 8 June 2020, in force since 15 June 2020 (AS 2020 2097).

  Annex 21 

(Art. 4 para. 3)

  Restrictions on cross-border passenger transport


1 Inserted by No I of the O of 18 March 2020 (AS 2020 841). Amended by No I of the FDJP O of 24 March 2020 (AS 2020 1059). Revised by No II of the O of 27 May 2020 ((Transitional Phase 3: Relaxation of Migration Measures), in force since 8 June 2020 (AS 2020 1823).

  Annex 31 

(Art. 4b para. 1)

  Goods requiring an export licence

  1. Protective equipment

The protective equipment listed in this Annex corresponds to the provisions the PPE Ordinance2 or the MedDO3.

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
–
Can be sealed to the skin of the face

ex 3926.9000

ex 9004.9000

Mouth-nose protective equipment

–
Masks intended to protect the wearer against potentially infectious material or prevent the wearer from spreading such material
–
Reusable (may be cleaned and disinfected) and single-use items
–
Can include a face shield
–
With or without a replaceable filter

ex 4818.9000

ex 6307.9099

ex 9020.0000

Protective clothing

–
Non-sterile clothing (e.g. gowns, suits) intended to protect the wearer against potentially infectious material or prevent the wearer from spreading such material
–
Reusable (may be cleaned and disinfected) and single-use items

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

  2. Essential medical goods

Category

Description

Customs tariff no

Active substances or medicinal products with the listed active substances

1. Propofol
2. Rocuronium Bromide
3. Atracurium Besilate
1. (ex 3003.9000, ex 3004.9000)
2. (ex 3003.9000, ex 3004.9000)
3. (ex 3003.9000, ex 3004.9000)

1 Inserted by No II of the O of 25 March 2020 (AS 2020 1065). Amended by No II of the O of 8 May 2020 (Relaxation of Export Controls), in forces since 11 May 2020 (AS 2020 1501).
2 SR 930.115
3 SR 812.213

  Annex 41 

(Art. 4d para. 1)

  List of important medicinal products, medical devices and protective equipment (Essential Medical Goods)

  1. Active substances or medicinal products with the listed active substances

1. Lopinavir/Ritonavir

2. Hydroxychloroquine

3. Tocilizumab

4. Remdesivir

5. Propofol

6. Midazolam

7. Ketamine

8. Dexmedetomidine

9. Etomidate

10. Sufentanil

11. Remifentanil

12. Rocuronium Bromide

13. Atracurium Besilate

14. Suxamethonium

15. Cisatracurium

16. Noradrenalin

17. Adrenalin

18. Insulin

19. Fentanyl

20. Heparin

21. Morphine

22. Lorazepam

23. Azithromycin

24. Co-Amoxicillin

25. Piperacillin/Tazobactam

26. Meropenem

27. Imipenem/Cilastatin

28. Cefuroxime

29. Ceftriaxone

30. Amikacin

31. Posaconazole

32. Vaccine against influenza

33. Vaccines against bacterial pneumonia (Prevnar 13 and Pneumovax 23)

34. Medical gases

  2. Medical devices

1. Ventilators

2. Monitoring equipment for intensive care

3. In vitro diagnostics (COVID-19 tests)

4. Surgical masks / OP masks

5. Surgical gloves / examination gloves

6. Medical oxygen

7. Infusion solutions

  3. Personal protective equipment and other equipment

1. hygiene masks

2. Protective masks

3. Disposable gloves

4. Aprons

5. Protective overalls

6. Protective eyewear

7. Hand disinfectants

8. Surface disinfectants

9. hygiene products for intensive care (such as absorbent pads, diapers, faecal collectors, oral hygiene items)


1 Inserted by No II para.2 of the O of 3 April 2020 (Provision of Essential Medical Goods), in force since 4 April 2020 (AS 2020 1155).

  Annex 51 

(Art. 4l)

  List of active substances for the treatment of COVID-19

1. Hydroxychloroquine

2. Lopinavir/Ritonavir

3. Remdesivir

4. Tocilizumab i.v.in mg


1 Inserted by No II para.2 of the O of 3 April 2020 (Provision of Essential Medical Goods), in force since 4 April 2020 (AS 2020 1155).

  Annex 61 

(Art. 10b para. 3)

  Categories of persons at high risk

According to the current state of scientific knowledge, only certain categories of adults can be assumed to be at high risk. The following criteria therefore apply to adults only.

  1. High blood pressure (hypertension)

–
Arterial hypertension with end-organ damage
–
Therapy-resistant arterial hypertension

  2. Cardio-vascular diseases

  2.1 General criteria

–
Patients with dyspnea of functional class NYHA II–IV and NT per BNP > 125 pg/ml
–
Patients with at least 2 cardio-vascular risk factors (one of which is diabetes or arterial hypertension)
–
Prior stroke and/or symptomatic vasculopathy
–
Chronic renal insufficiency (Stage 3, GFR <60ml/min)

  2.2 Other criteria

  2.2.1 Coronary heart disease

–
Myocardial infarction (STEMI and NSTEMI) in the past 12 months
–
Symptomatic chronic coronary syndrome despite medical treatment (irrespective of any prior revascularisation)

  2.2.2 Disease of the heart valves

–
Moderate or serious stenosis and/or regurgitation in addition to meeting at least one general criterion
–
Any surgical or percutaneous valve replacement in addition to meeting at least one general criterion

  2.2.3 Cardiac insufficiency

–
Patients with dyspnea of functional class NYHA II–IV or NT-Per BNP > 125pg/ml despite medical treatment for any LVEF (HFpEF, HFmrEF, HFrEF)
–
Cardiomyopathy with any cause
–
Pulmonary arterial hypertension

  2.2.4 Arrhythmia

–
Auricular fibrillation with a CHA2DS2-VASc score of at least 2 points
–
Prior implant of pacemaker (incl. ICD and/or CRT implantation) in addition to meeting one general criterion

  2.2.5 Adults with congenital heart disease

–
Congenital heart disease according to the individual assessment of the attending cardiologist

  3. Chronic respiratory diseases

–
Chronic obstructive lung diseases GOLD Grade II-IV
–
Pulmonary emphysema
–
Unmanaged asthma, in particular serious bronchial asthma
–
Interstitial lung diseases
–
Active lung cancer
–
Pulmonary arterial hypertension
–
Pulmonary vascular disease
–
Active sarcoidosis
–
Cystic fibrosis
–
Chronic lung infections (atypical mycobacteriosis, bronchiectasis, etc.)
–
Ventilated patients

  4. Diabetes

–
Diabetes mellitus, with long-term complications or a HbA1c von > 8%

  5. Diseases/Therapies that weaken the immune system

–
Serious immunosuppression (e.g. CD4+< 200µl)
–
Neutropenia ≥1 week
–
Lymphocytopenia <0.2x109/L
–
Hereditary immunodeficiencies
–
Use of medication that suppresses the immune defences (such as long-term use of glucocorticoids, monoclonal antibodies, cytostatics, etc.)
–
Aggressive lymphomas (all entities)
–
Acute lymphatic leukaemia
–
Acute myeloid leukaemia
–
Acute promyelocytic leukaemia
–
T-cell prolymphocytic leukaemia
–
Primary lymphomas of the central nervous system
–
Stem cell transplantation
–
Amyloidosis (light-chain (AL) amyloidosis)
–
Aplastic anaemia undergoing immunosuppressive treatment
–
Chronic lymphatic leukaemia
–
Asplenia / splenectomy
–
Multiple myeloma
–
Sickle-cell disease

  6. Cancer

–
Cancer undergoing medical treatment

  7. Obesity

–
Patients with a body-mass index (BMI) of 40 kg/m2 or more

1 Inserted by No II of the O of 16 April 2020 (Transitional Phase 1; Employees at High Risk; Employers’ Obligations) (AS 2020 1249). Revised by No I of the FOPH O of 12 May 2020 (Annex 6: Persons at High Risk), in force since 14 May 2020 (AS 2020 1585).

  Annex 71 

(Art. 3e para. 2)

  Health-related measures at the border


1 Inserted by No II para. 2 of the O of 27 May 2020 (Transitional Phase 3: Relaxation of Migration Measures), in force since 3 June 2020 (AS 2020 1823).


 AS 2020 773


1 SR 818.1012 Amended by No I of the O of 12 June 2020 (Entry for Persons with Rights of Free Movement), in force since 15 June 2020 (AS 2020 2099).3 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).4 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).5 Inserted 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 1 April 2020 (AS 2020 1131). Amended by No I of the O of 8 May 2020 (Transitional Phase 2: Relaxation of Migration Measures), in force since 11 May 2020 (AS 2020 1505).7 Inserted by No I of the O of 1 April 2020 (AS 2020 1131). Amended by No I of the O of 8 May 2020 (Relaxation of Export Controls), in force since 11 May 2020 (AS 2020 1501).8 Inserted by No I of the O of 3 April 2020 (Provision of Essential Medical Goods), in force since 4 April 2020 (AS 2020 1155).9 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).10 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).11 Inserted by No I of the O of 16 March 2020, in force since 17 March 2020 (AS 2020 783).12 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).13 Inserted by No I of the O of 16 March 2020, in force since 17 March 2020 (AS 2020 783).14 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).15 Amended by No I of the O of 1 April 2020, in force since 2 April 2020 (AS 2020 1131).

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This text is not in force
Decision 13 March 2020
In force 13 March 2020
Pub. abr. 19 June 2020
Abrogation 22 June 2020

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All editions of this law

22.06.2020 - 01.01.2022
Ordinance 3 of 19 June 2020 on Measures to Combat the Coronavirus (COVID-19) (COVID-19 Ordinance 3)
 
13.03.2020 - 22.06.2020
Ordinance 3 of 19 June 2020 on Measures to Combat the Coronavirus (COVID-19) (COVID-19 Ordinance 3)
 

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