Under § 17 (1) 1) of the State Borders Act and § 28 (2) 3) and § 28 (3) and (6) of the Communicable Diseases Prevention and Control Act:
[RT III, 07.07.2021, 1 - entry into force 12.07.2021]
1. In connection with the worldwide pandemic spread of
the coronavirus SARS-CoV-2 causing COVID-19 and identification of the spread
of the virus within Estonia and in order to prevent new mass infections, the
crossing of the external border for the purpose of entering Estonia and, if
the border control is temporarily reintroduced on the internal border, the crossing
of the internal border are temporarily restricted.
2. Crossing of the state border for the purpose of entering
Estonia is allowed for persons who have Estonian citizenship, Estonian residence
permit or right of residence or whose permanent place of residence according
to the population register is in Estonia.
3. Crossing of the state border for the purpose of entering
Estonia is allowed for foreigners who are asymptomatic and who are employees
of diplomatic missions or consular posts of foreign states in Estonia or their
family members or foreigners arriving in Estonia in the framework of international
military cooperation or members of a foreign delegation arriving in Estonia
for an official meeting on the invitation of a state or local authority.
[RT III, 28.08.2020, 1 – entry into force
28.08.2020]
4. Crossing of the state border for the purpose of entering
Estonia is allowed for foreigners who are asymptomatic and who are directly
involved in transporting goods and raw products, including loading of goods
or raw products.
5. Crossing of the state border for the purpose of entering
Estonia is allowed for foreigners who are asymptomatic and who are providing
health services or other services necessary for responding to an emergency.
6. Crossing of the state border for the purpose of entering
Estonia is allowed for foreigners who are asymptomatic and who are directly
involved in international carriage of goods and passengers, including a crew
member and a ship’s crew member servicing an international means of transport
and a person performing repairs or warranty or maintenance work on such a means
of transport.
7. Crossing of the state border for the purpose of entering
Estonia is allowed for foreigners who are asymptomatic and who are servicing
travel groups and who are directly involved in the provision of passenger transport
services.
8. Crossing of the state border for the purpose of entering
Estonia is allowed for foreigners who are asymptomatic and whose purpose for
arriving in Estonia is related to ensuring the continuity of a vital service.
9. Crossing of the state border for the purpose of entering
Estonia is allowed for foreigners who are asymptomatic and whose arrival in
Estonia is related to the maintenance or repair of or warranty or information
and communication technology work on equipment of a company operating in Estonia
if this is necessary for ensuring the operation of the company.
10. Crossing of the state border for the purpose of entering
Estonia is allowed for foreigners for immediate transit through the territory
of Estonia for reaching their country of residence, provided they are asymptomatic.
101. Crossing of the state border for the purpose of
entering Estonia is allowed for asymptomatic nationals and residents and
holders of a long-stay visa of the European Union, the European Economic Area,
the Swiss Confederation, the United Kingdom of Great Britain and Northern
Ireland or the Principality of Andorra, the Principality of Monaco, the
Republic of San Marino and the Vatican City State (Holy See) and their
asymptomatic family members.
[RT III, 06.07.2020, 1 – entry into force 06.07.2020]
11. [Repealed – RT III, 14.09.2020, 2 – entry into force
14.09.2020]
12. [Repealed – RT III, 14.09.2020, 2 – entry into force
14.09.2020]
121. Crossing of the state border for the
purpose of entering Estonia is allowed for persons who are asymptomatic and
who arrive in the Republic of Estonia from a Member State of the European Union
or a Schengen Member State or the United Kingdom of Great Britain and Northern
Ireland.
[RT III, 28.05.2020, 1 – entry into force 01.06.2020]
122. Crossing of the state border for the purpose
of entering Estonia is allowed for persons who are asymptomatic and who arrive
from a country not listed in clauses 101 and 121 but
published on the website kriis.ee and who are said country’s residents pursuant
to the laws of said country.
[RT III, 17.12.2021, 2 – entry into force 20.12.2021]
123. Crossing of the state border for the purpose
of entering Estonia is allowed for persons who are asymptomatic and who arrive
from a third country not listed in clause 122 for the purpose
of work or for the purpose of studies in an educational institution registered
in Estonia.
[RT III,
06.07.2020, 1 –
entry into force 06.07.2020]
124. The provisions of clause 122 are
not applied if the country under whose laws the relevant person is deemed to be
its resident or is deemed to stay there legally does not permit mutual movement
of persons with the Republic of Estonia.
[RT III,
06.07.2020, 1 –
entry into force 06.07.2020]
125. Crossing of the state border for the
purpose of entering Estonia is allowed for asymptomatic family members of a
person referred to in clause 123 if the person referred
to in clause 123 takes up employment in a start-up company,
as a top specialist or in a position in information and communication technology.
[RT III, 19.02.2021, 3 – entry into
force 19.02.2021]
126. Crossing of the state border for the
purpose of entering Estonia is allowed for persons who are asymptomatic and
who arrive from a third country not listed in clause 122 and
who
1) have completed vaccination series for COVID-19, have
developed full protection after the last dose of vaccine and no more than one year
has passed since the last dose of vaccine;
2) have completed their vaccination series for COVID-19, have developed
full protection and after the completion of the series have received an additional
dose of vaccine and no more than one year has passed since the additional dose
of vaccine.
Crossing of the state border for the purpose of entering Estonia together with
a person referred to in this clause is allowed for persons under 18 years
of age who have not completed vaccination series or who have not received an
additional dose if the person referred to in this clause is the minor’s legal
representative or a person authorised to accompany the minor on the condition
that up to 72 hours before arrival in Estonia a health care provider
tested the minor with RT-PCR test for the coronavirus SARS-CoV-2 causing
COVID-19 or up to 48 hours before arrival in Estonia with a SARS-CoV-2
antigen RTD test approved by the European Union Health Security Committee, the
results of which came back negative. The requirements for testing for the
coronavirus SARS-CoV-2 are not applied to persons under 12 years of age.
The exception set out in this clause for persons under 18 years of age is
not applied to groups of minors travelling together (for instance, sports and
tourist groups).
[RT III, 15.10.2021, 1 – entry into
force 18.10.2021]
127. The time when the full protection
referred to in clause 126 is developed is, according to
the manufacturers, 7 calendar days after the second dose of vaccine for
Pfizer/BioNTech Vaccine Comirnaty, 14 calendar days after the second dose
of vaccine for AstraZeneca Vaccine Vaxzevria and Moderna COVID-19 Vaccine, and
14 calendar days after one dose of vaccine for Janssen COVID-19 Vaccine.
For other COVID-19 vaccines not mentioned in this clause, the specific manufacturer’s
instructions for full protection shall be followed. Full protection for recovered
persons vaccinated with one dose is deemed to have been developed at the times
stated in this clause.
[RT III, 23.08.2021, 1 – entry into force 26.08.2021]
13. By way of an exception, the Police and Border Guard
Board may allow the state border to be crossed for the purpose of entering Estonia
by a foreigner:
1) who is asymptomatic and whose direct blood relative in the ascending
or descending line or spouse is an Estonian citizen or a person holding an Estonian
residence permit or right of residence;
2) who is asymptomatic and whose entry in the country is justified under
a special request.
131. Crossing
of the state border for the purpose of entering Estonia is allowed for persons
referred to in clauses 123 (work or studies), 125 (family
member) and 13 (by way of an exception) if up to 72 hours before arrival
in Estonia a health care provider tested the relevant person with a RT-PCR test
for SARS-CoV-2 causing COVID-19 or up to 48 hours before arrival in
Estonia with a SARS-CoV-2 antigen RTD test approved by the European Union
Health Security Committee, the results of which came back negative. The
requirements for testing for the coronavirus SARS-CoV-2 are not applied to
persons under 12 years of age.
[RT III, 16.07.2021, 3 – entry into force 19.07.2021]
14. [Repealed – RT III, 12.06.2020, 2 – entry into
force 12.06.2020]
15. [Repealed – RT III, 12.06.2020, 2 – entry into
force 12.06.2020]
151. [Repealed
– RT III, 12.06.2020, 2 – entry into force 12.06.2020]
16. [Repealed – RT III, 12.06.2020, 2 – entry into
force 12.06.2020]
17. [Omitted from this text.]
171. List of countries referred to in clause 122 along
with the information referred to in clause 124 is published
on the website kriis.ee.
[RT III, 17.12.2021, 2 – entry into force 20.12.2021]
18. This Order takes effect on 18 May 2020.
This Order is issued considering the fact that under § 2 2) of the
Communicable Diseases Prevention and Control Act COVID-19 corresponds to the
signs of a new dangerous communicable disease because COVID-19 is a disease
with a high level of infectiousness which spreads rapidly and extensively and
which may be serious or life‑threatening. There is also no effective treatment
or it is not available and the spread of the disease may exceed the hospital
treatment capacity.
For the protection of the life and health of people and overriding public interest,
this Order establishes restrictions for preventing the spread of the coronavirus
SARS-CoV-2 causing COVID-19. The reasons and considerations are set out in the
explanatory memorandum to the Order, which will be published on the website
of the Government of the Republic.
This Order can be appealed against by filing a
challenge pursuant to the procedure provided by the Administrative Procedure
Act within 30 days as of the day the relevant person became or should have
become aware of the Order. This Order can also be appealed against by filing an
action with the administrative court pursuant to the procedure provided for in
the Code of Administrative Court Procedure within 30 days as of the day of
announcement of this Order.
Reasons for the amendments made by the Government
of the Republic Order No. 445 of 16 December 2021
For the protection of the life and health of
people and overriding public interest, including for the protection of the
continuity of the state, this Order imposes indispensable measures and
restrictions for preventing the spread of the coronavirus SARS-CoV-2 causing
COVID-19.
§ 28 (1) of the Constitution of the
Republic of Estonia (hereinafter the Constitution) provides for
everyone’s right to protection of his or her health. In this case the
fundamental right protects different values. Firstly, the scope of protection
includes people’s right to protection of their health by having the state do
everything in its power to stop the spread of the virus. Also covered by the
scope of protection is public interest in avoiding increased spread of the
virus and mass infections as well as overload of the health care system. In a
situation where contact with other people poses a great risk of the virus
spreading the state has an obligation to minimise the risk of infection, which
also means that, for the purpose of achieving this objective, contact between
people may be restricted in an appropriate manner.
The Constitution provides for rights and freedoms
that the state is also required to ensure. The state may circumscribe the
rights and freedoms set out in the Constitution considering the nature of the
right or freedom in question and the conditions arising from the Constitution
itself. For instance, under § 34 of the Constitution everyone whose
presence in Estonian territory is lawful has the right to move freely in that
territory and to choose freely where to reside. The right to move freely may be
circumscribed in cases and pursuant to the procedure provided by law for the
purpose of protecting the rights and freedoms of others and preventing the
spread of a communicable disease, among others.
Under § 28 (2), (3), (5) and (6) of the
Communicable Diseases Prevention and Control Actand considering
§ 28 (8) thereof, the Government of the Republic may take measures
for preventing communicable diseases when the application of measures and restrictions
for the prevention of an epidemic spread of communicable diseases has a
significant effect on society or economy. The following preconditions must be
met: it is an extremely dangerous communicable disease or a dangerous novel
communicable disease; the Health Board has given the Government of the Republic
information and a recommendation on a measure (obligation or restriction) on
the basis of epidemiological, laboratory and clinical information; the measure
is absolutely necessary for preventing the spread of the virus or in other
words the requirement must be proportional and rational; the measure is
temporary or in other words limited in time and it brings about a significant
social or economic effect.
This Order imposes measures and restrictions for
preventing and stopping the spread of COVID-19 caused by the coronavirus
SARS-CoV-2, which serve the purpose of reducing contact between people and
preventing the spread of the virus.
The reasons for the restrictions and measures are
set out in the Order and the explanatory memorandum to the Order.
On a temporary basis, this Order suspends the
time restriction whereby persons who are not persons responsible for
activities, their representatives, persons involved in activities or persons
involved in emergency work are not allowed to be in public indoor spaces from
23:00 to 06:00. Said exception will apply from 23:00 on 31 December 2021
to 06:00 on 2 January 2022.
Also, references to the website of the Ministry
of Foreign Affairs in Orders No. 305 and 169 are replaced by references to
the website kriis.ee where crisis information on COVID-19 is available.
This Order can be appealed against by filing a
challenge with the Government of the Republic pursuant to the procedure
provided by the Administrative Procedure Act within 30 days as of the day
the relevant person became or should have become aware of the Order. This Order
can also be appealed against by filing an action with the administrative court
pursuant to the procedure provided for in the Code of Administrative Court
Procedure within 30 days as of the day of announcement of this Order.
The explanatory memorandum to the Order is
available on the website kriis.ee.