Due to the exceptional circumstances linked to the ongoing second wave of COVID-19 pandemic, the bill of law 7683 has been adopted on 29 October 2020 (the Law). The Law amends the latest version of the "Covid law" enacted in September and provides not only new measures, but new restrictions and sanctions.
The new measures will apply until 31 December 2020; while the national curfew should be applicable until 30 November 2020 inclusive, unless further restrictive measures shall be adopted in the meantime.
THE NEW MEASURES AND RESTRICTIONS
Further to the enactment of the Law, the new measures and restrictions are as follows:
A curfew will apply from 23.00 (11.00 p.m. CET) to 6.00 (6.00 a.m. CET) until 30 November 2020 inclusive.
- Some exceptions to the curfew are, however, provided for travels (i) to work for the purpose of professional activity or for training or teaching purposes; (ii) health emergencies (including for the purchase of medicines or health products); (iii) for urgent family reasons, for assistance and care of vulnerable or precarious persons or for childcare; (iv) in response to a judicial, police or administrative summons; (v) to or from a railway station or airport as part of a trip abroad; (vi) linked to transit on the motorway network; (vii) within a radius of one kilometer around the place of residence for needs of pets; (viii) in case of force majeure or situation of necessity.
- Wearing a mask is compulsory in all circumstances for activities open to the public. This obligation applies as well for all gatherings, which brings together more than four (4) persons, in a closed or open-air space. However, the obligation to wear a mask does not apply in particular to minors under six (6) years old or to people with a disability or pathology who have a medical certificate justifying this exemption, or to cultural and sportive actors during the exercise of their activities.
- The "+4" rule becomes of paramount importance and will govern gatherings.
- In bar and restaurants, there can only be a maximum of four (4) people per table unless the persons are part of the same household or cohabitate and the wearing of a mask is compulsory for each person when not sitting at the table (interior and exterior). There can only be a maximum of one hundred (100) clients in these establishments. The closing time for food and drink establishments is advanced to 23.00.
- Any commercial operation with a sales area of four hundred (400) square metres or more, which is accessible to the public, is subject to a limit of one customer per ten (10) square metres.
- Gatherings at home or private events, in a closed or open-air space, are strictly restricted to four (4) people, considering that persons who are part of the household or who live in the same household are not taken into account for the counting. In addition, persons who are part of the same household or who cohabit, as well as invited persons, are not subject to the obligation of physical distancing and wearing the mask.
- For gatherings of between ten (10) and one hundred (100) persons, all persons must be masked and seated with a minimum distance of two (2) meters. Some restrictive exceptions are provided in the Law for funerals, fairs, markets, museums, etc.
- Gatherings of more than one hundred (100) persons are prohibited; however, this prohibition does not apply to the freedom to demonstrate or to weekly markets outside.
THE NEW PENALITIES
The Law increases the penalties. For individuals violating the rules set by the Law are subject to penalties amounting to minimum one hundred (100) Euros to maximum five hundred (500) Euros.
Infringements of preventive measures committed by traders, shopkeepers, craftsmen or managers are punishable by an administrative fine of up to four thousand (4,000) Euros.
In the event of the commission of a repeated offence, the maximum amount is doubled and the business licence may be suspended for a period of three (3) months by the Minister having the power to do so. In addition, these defaulting companies are not eligible for the financial aid set up in favour of companies in the context of the Covid-19 pandemic.
ENTRY INTO FORCE
The Law enters into force today, 30 October 2020.
Should you need any further information, please contact Pierre-Alexandre Degehet by sending an email to padegehet [at] bsp.lu.