Under § 28 (2) 1) through 3) and 5) and § 28 (5) and (6) of the Communicable Diseases Prevention and Control Act and considering § 28 (8) of the same, the following restrictions are imposed:
[RT III, 29.05.2021, 2 - entry into force 01.06.2021]
1. A person who has crossed the
state border for the purpose of entering Estonia shall remain in their place of
residence or permanent place of stay for 10 calendar days after arrival in
Estonia.
[RT III, 29.10.2020, 2 – entry into force 30.10.2020]
11. [Repealed
– RT III, 01.04.2021, 2 – entry into
force 05.04.2021]
2. The
10-calendar-day restriction referred to in clause 1 does not apply if:
1) up to 72 hours before arrival in Estonia a
health care provider tested the relevant person 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 (hereinafter SARS-CoV-2 test), the
results of which came back negative, and after arrival in Estonia no earlier
than on the sixth day after the first test a health care provider tested the
person with a second SARS-CoV-2 RT-PCR test and the results of that test also
came back negative or a physician has declared the person not to be contagious.
Until the test has come back negative the person is required to remain in their
place of residence or permanent place of stay;
2) a health care provider has not tested the relevant
person with a SARS-CoV-2 RT-PCR test up to 72 hours before arrival in the
country or with a SARS-CoV-2 antigen RTD test up to 48 hours before
arrival in the country but the person took said test promptly after arrival in
Estonia and the results of that test came back negative and no earlier than on
the sixth day after the initial test the person took a second RT-PCR test for
the coronavirus SARS-CoV-2 causing COVID-19 and the results of that test also
came back negative or a physician has declared the person not to be contagious.
Until the test has come back negative the person is required to remain in their
place of residence or permanent place of stay;
3) a person arrives from a third country for which
information has not been released on the European Union green list published on
the website of the Ministry of Foreign Affairs (hereinafter European
Union green list) and promptly after arrival in Estonia a health care
provider tests the person with a SARS-CoV-2 test and the results of that test
come back negative and re-tests the person with a SARS-CoV-2 RT-PCR test no
earlier than on the sixth day after the initial test and the results of that
test also come back negative or a physician has declared the person not to be
contagious. Until the test has come back negative the person is required to
remain in their place of residence or permanent place of stay.
If according to this clause a health care provider tested a person with a
SARS-CoV-2 antigen RTD test and it came back positive but the person was
promptly re-tested with a SARS-CoV-2 RT-PCR test which came back negative, the
result of the SARS-CoV-2 RT-PCR test shall be the one that counts.
[RT III, 10.07.2021, 3 – entry into force 19.07.2021]
3. A person referred to in clauses 1 and 2 may leave their
place of residence or permanent place of stay provided the person takes
measures imposed by the Government of the Republic or the Health Board and all
other possible measures for preventing the possible spread of the communicable
disease and the following circumstances occur:
1) the person is given an order by a health care professional or a police
officer to leave their place of residence or permanent place of stay;
2) the person leaves their place of residence or permanent
place of stay because a health care professional has referred them to receive
health services or in the event of an emergency that puts the person’s life or
health at risk;
3) the person referred to in sub-clauses 1) and 2) of
clause 2 performs urgent and inevitably necessary duties by a decision of
their employer and up to 72 hours before arrival in the country a health
care provider tested the person with a SARS-CoV-2 RT-PCR test or up to
48 hours before arrival in the country with a SARS-CoV-2 antigen RTD test
or after arrival in the country with at least one test for the coronavirus
SARS-CoV-2 causing COVID-19, the results of which came back negative, or a
physician has declared the person not to be contagious. Until the test has come
back negative the person is required to remain in their place of residence or
permanent place of stay;
[RT III, 10.07.2021, 3 –
entry into force 19.07.2021]
4) a
person who arrives in Estonia from a third country referred to in
sub-clause 3) of clause 2 performs urgent and inevitably necessary
duties by a decision of their employer and after arrival in the country a
health care provider tested the person with a SARS-CoV-2 test and the results
of that test came back negative or if a physician has declared the person not
to be contagious. Until the test has come back negative the person is required
to remain in their place of residence or permanent place of stay. A person who
performs urgent and inevitably necessary duties is also deemed to be an
athlete, a coach or a team member who has an employment relationship with a
club playing in Estonian championship league or who is involved in an athlete’s
everyday training activities at the Estonian national team level or who
participates in an international high level competition as an athlete or an
athlete’s team member or who is directly involved in carrying out aforesaid
sports competition;
[RT III,
10.07.2021, 3 – entry into force 19.07.2021]
5) the
person attends an urgent family occasion and up to 72 hours before arrival
in the country a health care provider tested the person with a SARS-CoV-2
RT-PCR test or up to 48 hours before arrival in the country with a
SARS-CoV-2 antigen RTD test or after arrival in the country with at least one
test for the coronavirus SARS-CoV-2 causing COVID-19, the results of which came
back negative, or if a physician has declared the person not to be contagious.
This sub-clause applies to a person arriving from a third country referred to
in sub-clause 3) of clause 2 only if a health care provider tested
the person with a SARS-CoV-2 test promptly after arrival in Estonia and the
result of that test was negative. Until the test has come back negative the
person is required to remain in their place of residence or permanent place of
stay;
[RT III, 10.07.2021, 3 –
entry into force 19.07.2021]
6) the person is getting the everyday essentials near their place of residence
or place of stay because it is otherwise impossible;
7) the person is outdoors and completely avoids contact with other persons;
8) for the performance of urgent duties, acquiring an education or due to a
family occasion, the person returns to the country from where the person arrived
in Estonia provided up to 72 hours before leaving Estonia a health care
provider tested the person with a SARS-CoV-2 RT-PCR test or up to 48 hours
before leaving Estonia with a SARS-CoV-2 antigen RTD test, the results of which
came back negative, or if a physician has declared the person not to be contagious.
[RT III,
10.07.2021, 3 – entry into force 19.07.2021]
[Last sentence repealed – RT III,
10.07.2021, 3 – entry into force 19.07.2021]
31. [Repealed – RT III, 13.01.2021, 5 – entry into force 15.01.2021]
4. The provisions of clauses 1 through 3 do not apply to asymptomatic
persons:
1) who are employees of a diplomatic mission or a consular post of a foreign
country or the Republic of Estonia or their family members or holders of an
Estonian diplomatic passport;
2) who arrive in the Republic of Estonia in the framework of international
military cooperation;
3) who are members of foreign delegations arriving in the Republic of Estonia
for the performance of duties on the invitation of a state or local authority;
4) who are directly involved in transporting goods and raw products, including
loading of goods or raw products, and who arrive in Estonia for the performance
of duties;
5) who arrive in Estonia for the purpose of providing health services or
other services necessary for responding to an emergency;
6) 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, and who arrive in Estonia for the performance
of duties;
7) whose purpose for arriving in the Republic of Estonia is directly related
to the provision of passenger transport services and who are servicing travel
groups;
8) whose purpose for arriving in the Republic of Estonia is related to
ensuring the continuity of a vital service;
9) who are using the territory of the Republic of Estonia for immediate
transit;
10) who are nationals, residents or long-stay visa holders of a Member State of the European Union or a Schengen Member State or an EEA country or the Swiss Confederation or the Principality of Andorra or the Principality of Monaco or the Republic of San Marino or the Vatican City State (Holy See) or the United Kingdom of Great Britain and Northern Ireland or their family members and who arrive in the Republic of Estonia from said countries and who have been in one or several of said countries for the past 10 days in succession, provided the cumulative number of positive tests for the coronavirus SARS-CoV-2 causing COVID-19 per 100,000 inhabitants in said countries for the past 14 days is equal to or less than 75. The Ministry of Foreign Affairs publishes information on the morbidity rates by country on its website;
[RT III, 16.07.2021, 4 - entry into force 19.07.2021]
11) who are persons referred to in sub-clause 10) or persons who are
residents of a third country, according to the laws of that country, which is
on the European Union green list and who arrive in Estonia from said country,
provided the cumulative number of positive tests for the coronavirus SARS-CoV-2
causing COVID-19 per 100,000 inhabitants in said country for the past 14 days
is equal to or less than 75;
[RT III, 17.06.2021, 2 – entry into force 21.06.2021]
12) [repealed – RT III, 10.07.2021, 3 – entry into force 19.07.2021]
13) who cross the state border between the Republic of Estonia and the
Republic of Latvia at least twice a week for the purpose of urgent cross-border
work or studies, provided the relevant person has taken at least one test for
the coronavirus SARS-CoV-2 causing COVID-19 during the past seven days and the
results of that test have come back negative or a physician has declared the
person not to be contagious;
[RT III, 30.04.2021, 1 – entry into force 03.05.2021]
14) whose place of residence is in the administrative territory of the
local authorities of Valga in the Republic of Estonia or Valka in the Republic
of Latvia and who cross the state border between the Republic of Estonia and
the Republic of Latvia provided they will not go beyond the borders of the administrative
territory of the local authorities of Valga and Valka, respectively;
[RT III, 30.04.2021, 1 – entry into force 03.05.2021]
15) who arrive in Estonia for tourism purposes for up to 24 hours
if up to 72 hours before arrival in Estonia a health care provider tested
the person with a RT-PCR test for the coronavirus SARS-CoV-2 causing COVID-19
the results of which came back negative or if up to 48 hours before arrival
in Estonia a health care provider tested the person with a SARS-CoV-2 antigen
RTD test which came back negative, unless the person is released from the requirement
of testing on other grounds provided for in this Order;
[RT III, 10.07.2021, 3 – entry into force 19.07.2021]
16) who are nationals, residents or long-stay visa holders of a Member State of the European Union or a Schengen Member State or an EEA country or the Swiss Confederation or the Principality of Andorra or the Principality of Monaco or the Republic of San Marino or the Vatican City State (Holy See) or the United Kingdom of Great Britain and Northern Ireland or their family members and who arrive in the Republic of Estonia from said countries and who have been in one or several of said countries for the past 10 days in succession, if the cumulative number of positive tests for the coronavirus SARS-CoV-2 causing COVID-19 per 100,000 inhabitants in said countries for the past 14 days is greater than 75 but no higher than 200 and before arrival in Estonia a health care provider tested them with a SARS-CoV-2 test which came back negative or they were tested with said test promptly after arrival in Estonia and said test came back negative. Until the test has come back negative the person is required to remain in their place of residence or permanent place of stay. If according to this sub-clause a health care provider tested a person with a SARS-CoV-2 antigen RTD test and it came back positive but the person was promptly re-tested with a SARS-CoV-2 RT-PCR test which came back negative, the result of the SARS-CoV-2 RT-PCR test shall be the one that counts. The Ministry of Foreign Affairs publishes information on the morbidity rates by country on its website;
[RT III, 16.07.2021, 4 - entry into force 19.07.2021]
17) who are 12 to 18-year-old nationals, residents or long-stay visa holders of a Member State of the European Union or a Schengen Member State or an EEA country or the Swiss Confederation or the Principality of Andorra or the Principality of Monaco or the Republic of San Marino or the Vatican City State (Holy See) or the United Kingdom of Great Britain and Northern Ireland and who have been in one or several of said countries for the past 10 days in succession, if the cumulative number of positive tests for the coronavirus SARS-CoV-2 causing COVID-19 per 100,000 inhabitants in said countries for the past 14 days is greater than 75, and who arrive in the Republic of Estonia together with their legal representative or a person authorised to accompany them who is not subject to the 10-calendar-day requirement to remain in their place of residence or permanent place of stay or to the requirements for testing for the coronavirus SARS-CoV-2 causing COVID-19, as set out in this Order, on the condition that before arrival in Estonia a health care provider tested them with a SARS-CoV-2 test which came back negative or a health care provider tested them with said test promptly after arrival in Estonia and said test came back negative. Until the test has come back negative the person is required to remain in their place of residence or permanent place of stay. If according to this sub-clause a health care provider tested a person with a SARS-CoV-2 antigen RTD test and it came back positive but the person was promptly re-tested with a SARS-CoV-2 RT-PCR test which came back negative, the result of the SARS-CoV-2 RT-PCR test shall be the one that counts. The provisions of this sub-clause do not apply to groups of minors travelling together (for instance, sports and tourist groups);
[RT III, 16.07.2021, 4 - entry into force 19.07.2021]
18) who are 12 to 18-year-old persons arriving in the Republic of Estonia from a third country on the European Union green list, if the cumulative number of positive tests for the coronavirus SARS-CoV-2 causing COVID-19 per 100,000 inhabitants in said country for the past 14 days is greater than 75, and who arrive in the Republic of Estonia together with their legal representative or a person authorised to accompany them who is not subject to the 10-calendar-day requirement to remain in their place of residence or permanent place of stay or to the requirements for testing for the coronavirus SARS-CoV-2 causing COVID-19, as set out in this Order, on the condition that before arrival in Estonia a health care provider tested them with a SARS-CoV-2 test which came back negative or a health care provider tested them with said test promptly after arrival in Estonia and said test came back negative. Until the test has come back negative the person is required to remain in their place of residence or permanent place of stay. If according to this sub-clause a health care provider tested a person with a SARS-CoV-2 antigen RTD test and it came back positive but the person was promptly re-tested with a SARS-CoV-2 RT-PCR test which came back negative, the result of the SARS-CoV-2 RT-PCR test shall be the one that counts. The provisions of this sub-clause do not apply to groups of minors travelling together (for instance, sports and tourist groups). The Ministry of Foreign Affairs publishes information on the morbidity rates by country on its website;
[RT III, 16.07.2021, 4 - entry into force 19.07.2021]
19) who are 12 to 18-year-old persons arriving in the Republic of Estonia from a third country not on the European Union green list and who arrive in Estonia together with their legal representative or a person authorised to accompany them who is not subject to the 10-calendar-day requirement to remain in their place of residence or permanent place of stay or to the requirements for testing for the coronavirus SARS-CoV-2 causing COVID-19, as set out in this Order, on the condition that a health care provider tested them with a SARS-CoV-2 test promptly after arrival in Estonia which came back negative. Until the test has come back negative the person is required to remain in their place of residence or permanent place of stay. If according to this sub-clause a health care provider tested a person with a SARS-CoV-2 antigen RTD test and it came back positive but the person was promptly re-tested with a SARS-CoV-2 RT-PCR test which came back negative, the result of the SARS-CoV-2 RT-PCR test shall be the one that counts. The provisions of this sub-clause do not apply to groups of minors travelling together (for instance, sports and tourist groups);
[RT III, 16.07.2021, 4 - entry into force 19.07.2021]
20) who are persons under 12 years of age arriving in the Republic of Estonia together with their legal representative or a person authorised to accompany them who is not subject to the 10-calendar-day requirement to remain in their place of residence or permanent place of stay or to the requirements for testing for the coronavirus SARS-CoV-2 causing COVID-19, as set out in this Order. The provisions of this sub-clause do not apply to groups of minors travelling together (for instance, sports and tourist groups).
[RT III, 16.07.2021, 4 - entry into force 19.07.2021]
41.[Repealed – RT III, 09.10.2020, 1 – entry into
force 12.10.2020]
42. [Repealed
– RT III, 01.04.2021, 2 – entry into
force 05.04.2021]
43. [Repealed – RT III,
30.04.2021, 1 – entry into force 03.05.2021]
44. [Repealed
– RT III, 13.01.2021, 5 – entry into
force 15.01.2021]
45. [Repealed – RT
III, 01.04.2021, 2 – entry into
force 05.04.2021]
5. [Repealed – RT III, 04.09.2020, 1 – entry into
force 04.09.2020]
6. [Repealed – RT III, 30.01.2021, 4 – entry into
force 01.02.2021]
61. The
10-calendar-day requirement to remain in one’s place of residence or permanent
place of stay and the requirements for being tested for the coronavirus
SARS-CoV-2 causing COVID-19, as referred to in this Order, are not applied if a
person:
1) has suffered from COVID-19 and no more than 180 days have passed since the SARS-CoV-2 test confirming the diagnosis was carried out or since the date of confirmation of the diagnosis;
[RT III, 16.07.2021, 4 - entry into force 19.07.2021]
2) has completed the vaccination series for COVID-19, has
developed full protection after the last dose of vaccine and no more than one
year has passed since;
3) has been given one dose of vaccine after recovering from COVID-19 and has developed full protection after the dose of vaccine and no more than one year has passed since, or, after the first dose of vaccine, has contracted COVID-19 and has recovered from COVID-19 and no more than one year has passed since the SARS-CoV-2 test confirming the diagnosis was carried out or since the date of confirmation of the diagnosis. If a person contracts COVID-19 within two weeks after the first dose of vaccine, the person will be subject to the provisions of sub-clause 1) applicable to recovered persons.
[RT III, 16.07.2021, 4 - entry into force 19.07.2021]
62. The time when the full
protection referred to in clause 61 is developed is,
according to the manufacturers, 7 calendar days after the second dose of
vaccine for Pfizer/BioNTech Vaccine Comirnaty, 15 calendar days after the
second dose of vaccine for AstraZeneca Vaccine Vaxzevria, 14 calendar days
after the second dose of vaccine for 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, 29.05.2021, 2 – entry into force 01.06.2021]
63. In addition to the bases set out in sub-clauses 1)
through 3) of clause 61 of this Order, the requirements
for testing for the coronavirus SARS-CoV-2 causing COVID-19 as provided for in
this Order are not applied if the relevant person:
1) is under 12 years of age;
2) has special needs and their testing is not sensible
considering other significant reasons.
[RT III, 10.06.2021, 3 – entry into
force 11.06.2021]
7. Public events, sports
competitions and sports and exercise events if the requirements established for
the participants differ from those set out in this Order are allowed on the
following conditions:
[RT III, 08.01.2021, 1 – entry into force 11.01.2021]
1) there is an
overriding public or national interest in the relevant event;
2) the local authority
of the location of the event has provided an opinion on the activity;
3) the Health Board has
provided an opinion on the suitability of the risk management plan drawn up by
the organiser of the event for preventing the spread of the coronavirus
SARS-CoV-2 causing the COVID-19 disease.
8. The 10-calendar-day
requirement to remain in one’s place of residence or permanent place of stay
and the requirements for being tested for the coronavirus SARS-CoV-2 causing
COVID-19, as referred to in this Order, are not applied to persons performing
at a public event referred to in clause 7 or persons directly involved in
carrying out such an event or persons who participate in a sports competition
or a sports event as an athlete or an athlete’s team member or who are directly
involved in carrying out a sports competition or a sports event. The Health
Board shall establish necessary restrictions on the freedom of movement of said
persons.
[RT III, 30.01.2021, 4 – entry into force 01.02.2021]
81. In
public indoor spaces, persons may be and move around together while practising
physical distancing. This restriction does not apply to families and in cases
when said requirements cannot be reasonably ensured. For the purposes of this
Order, public indoor space means a space that has been given to the disposal of
unspecified people or that is at the disposal of unspecified people or in which
unspecified people are allowed to be; among other things, public transport
vehicles are also public indoor space.
[RT III, 29.05.2021, 2 – entry into force 31.05.2021]
82. [Repealed
– RT III, 01.06.2021, 7 – entry into
force 02.06.2021]
83. Persons are required to wear a protective mask or cover their mouth and nose while in public transport vehicles referred to in clause 81. Said restriction does not apply to persons under 12 years of age and in cases when wearing a protective mask or covering one’s mouth and nose is not reasonable for health reasons or for other significant reasons.
[RT III, 30.07.2021, 2 - entry into force 02.08.2021]
9. [Repealed – RT III, 14.05.2021, 1 – entry into force 17.05.2021]
91. [Repealed – RT III, 14.05.2021, 1 – entry into force 17.05.2021]
10. [Repealed – RT III, 14.05.2021, 1 – entry into force 17.05.2021]
11. [Repealed – RT III, 14.05.2021, 1 – entry into force 17.05.2021]
12. [Repealed – RT III, 10.06.2021, 3 – entry into force 11.06.2021]
13. [Repealed – RT III, 14.05.2021, 1 – entry into force 17.05.2021]
14. [Repealed – RT III, 14.05.2021, 1 – entry into force 17.05.2021]
15. [Repealed – RT III, 14.05.2021, 1 – entry into force 17.05.2021]
16. [Repealed – RT III, 14.05.2021, 1 – entry into force 17.05.2021]
17. [Repealed – RT III, 14.05.2021, 1 – entry into force 17.05.2021]
18. [Repealed – RT III, 14.05.2021, 1 – entry into force 17.05.2021]
19. [Repealed – RT III, 14.05.2021, 1 – entry into force 17.05.2021]
20. [Repealed – RT III, 14.05.2021, 1 – entry into force 17.05.2021]
201. [Repealed – RT III, 01.06.2021, 7 – entry into force 02.06.2021]
202. [Repealed – RT III, 16.01.2021, 1 – entry into force 18.01.2021]
203. [Repealed – RT III, 16.01.2021, 1 – entry into force 18.01.2021]
204. [Repealed – RT III, 08.01.2021, 1 – entry into force 11.01.2021]
205. [Repealed – RT III, 08.01.2021, 1 – entry into force 11.01.2021]
206. [Repealed – RT III, 08.01.2021, 1 – entry into force 11.01.2021]
207. [Repealed – RT III, 08.01.2021, 1 – entry into force 11.01.2021]
208. [Repealed – RT III, 16.01.2021, 1 – entry into force 25.01.2021]
209. [Repealed – RT III, 16.01.2021, 1 – entry into force 01.02.2021]
2010. [Repealed – RT III, 29.12.2020, 1 – entry into force 30.12.2020]
2011. [Repealed – RT III, 30.01.2021, 4 – entry into force 01.02.2021]
2012. [Repealed – RT III, 30.01.2021, 4 – entry into force 03.02.2021]
2013. [Repealed – RT III, 01.06.2021, 7 – entry into force 02.06.2021]
2014. As of 2 August 2021, for the purpose of preventing the spread of the coronavirus SARS-CoV-2 causing COVID-19, the following measures and restrictions shall additionally apply:
1) engaging in sports, training, youth work, hobby activities, hobby education and refresher training are allowed indoors if it is ensured that the number of participants is no higher than a total of 500 people and the requirements provided for in clause 81 are met. The availability of disinfectants and compliance with the disinfection requirements according to instructions from the Health Board shall be ensured. The restriction on the number of people provided for in this sub-clause does not apply to activities related to the military defence or internal security of the state;
2) engaging in sports, training, youth work, hobby activities, hobby education and refresher training are allowed outdoors if it is ensured that the number of participants is no higher than a total of 1500 people. This restriction does not apply to activities related to the military defence or internal security of the state;
3) outdoor sports competitions and sports and exercise events in a confined territory are allowed if it is ensured that the number of participants and spectators is no higher than a total of 1500 people;
4) indoor sports competitions and sports and exercise events are allowed if it is ensured that the total number of participants and spectators is no higher than 500 persons and the requirements provided for in clause 81 are met. The availability of disinfectants and compliance with the disinfection requirements according to instructions from the Health Board shall be ensured;
5) people may be and move around in indoor public saunas, spas, swimming pools and water parks if it is ensured that the total number of participants is no higher than 500 persons and the requirements provided for in clause 81 are met. The availability of disinfectants and compliance with the disinfection requirements according to instructions from the Health Board shall be ensured indoors. It is allowed to be and move around in outdoor public saunas, spas, swimming pools and water parks on the condition that the number of participants is no higher than a total of 1500 people. The restriction on the number of people provided for in this sub-clause does not apply to the proprietor of a place of provision of service or their representative, employees, persons involved in emergency work or persons necessary for economic servicing of the place;
6) indoor public meetings, public events, including conferences, theatre performances, concerts and film screenings, provision of entertainment services and people being and moving around at public indoor religious services and other public indoor religious rites are allowed if it is ensured that the total number of attendees is no higher than 500 people and the requirements provided for in clause 81 are met. The availability of disinfectants and compliance with the disinfection requirements according to instructions from the Health Board shall be ensured. The restriction on the number of people set out in this sub-clause does not apply to organisers or the proprietor of a place for carrying out activities or providing services or their representative, employees, contractors, artists, persons involved in emergency work or persons necessary for economic servicing of the place;
7) in a confined territory, outdoor public meetings, public events, including conferences, theatre performances, concerts and film screenings, provision of entertainment services and people being and moving around at public outdoor religious services and other public outdoor religious rites are allowed if it is ensured that the number of attendees is no higher than a total of 1500 people. This restriction does not apply to organisers or the proprietor of a place for carrying out activities or providing services or their representative, employees, contractors, artists, persons involved in emergency work or persons necessary for economic servicing of the place;
8) people may be and move around in indoor museums and exhibition facilities if it is ensured that the total number of visitors is no higher than 500 people per room and the requirements provided for in clause 81 are met. The availability of disinfectants and compliance with the disinfection requirements according to instructions from the Health Board shall be ensured. The restriction on the number of people set out in this sub-clause does not apply to organisers or the proprietor of a place for carrying out activities or providing services or their representative, employees, contractors, artists, persons involved in emergency work or persons necessary for economic servicing of the place;
9) in indoor settings, customers may be and move around in catering establishments’ sales or service area, the sales area of stores and public spaces of commercial establishments and service providers’ service areas if compliance with the requirements provided for in clause 81 is ensured. The availability of disinfectants and compliance with the disinfection requirements according to instructions from the Health Board shall be ensured.
[RT III, 26.07.2021, 1 – entry into force 02.08.2021]
2015. [Repealed – RT III, 01.06.2021, 7 – entry into force 02.06.2021]
2016. An organiser of activities
may carry out activities with a number of participants higher than the number
of people provided for in clause 2014 if the application
of other restrictions and measures provided for in clause 2014 for
the relevant area and compliance with the requirements provided for in
clauses 2017 through 2020 are ensured. If a
public event, sports competition or sports and exercise event is planned to be
organised on conditions different from those provided for in clauses 2014 and
2017 through 2020, clause 7 shall apply.
[RT III, 22.06.2021, 6 – entry into force 23.06.2021]
2017. An organiser of activities
may carry out activities in the event provided for in clause 2016
if it is ensured that no more than 6000 people attend in indoor settings
and no more than 12,000 people attend in outdoor settings per calendar day
on the condition that the activities are attended by persons who have been
tested by a health care provider as set out in this clause and the test results
came back negative, on the following conditions:
[RT III, 22.06.2021, 6 – entry into force 28.06.2021]
1) an antigen RTD
test for the coronavirus SARS-CoV-2 causing COVID-19 must be takenup to
48 hours before participation in the activities;
[RT III, 10.07.2021, 3 –
entry into force 19.07.2021]
2) an
RT-PCR test for the coronavirus SARS-CoV-2 causing COVID-19 must be taken up to
72 hours before participation in the activities.
[RT III, 22.06.2021, 6 – entry
into force 23.06.2021]
2018. When arranging the testing
provided for in clause 2017, an organiser of activities shall
ensure compliance with the requirements provided for in clause 81 and
the availability of disinfectants and compliance with the disinfection requirements
according to instructions from the Health Board.
[RT III, 22.06.2021, 6 – entry into force 23.06.2021]
2019. The following persons are
released from the testing provided for in clause 2017:
1) persons under 12 years of age;
2) persons with special needs if testing them is not reasonable considering
other important reasons;
3) on the conditions provided for in clauses 61 and
62, persons who have recovered from COVID-19 or who are vaccinated
or persons considered equal to vaccinated persons if they present a certificate
evidencing those facts before participating in activities.
[RT III, 22.06.2021, 6 – entry
into force 23.06.2021]
2020. An organiser of activities is required to verify the
authenticity and validity of the test or certificate provided for in
clauses 2017 and 2019 and establish
the identity of the person presenting the certificate or test before the person
participates in activities.
[RT III, 22.06.2021, 6 – entry into force 23.06.2021]
21. Under § 44 (1) of
the Communicable Diseases Prevention and Control Act, supervision over the
requirements imposed by this Order is exercised by the Health Board. The Health
Board may involve the Police and Border Guard Board in the supervision,
adhering to the requirements and procedure for professional assistance provided
for in the Administrative Co-operation Act.
22. The
restrictions and measures established by this Order shall apply until the date
specified in this Order or until this Order is changed or repealed under
§ 53 (1) 4) and (2) 3) and § 66 (2) 1) of
the Administrative Procedure Act and the need for these restrictions and
measures shall be reviewed no later than after every two weeks.
[RT III, 14.05.2021, 1 – entry into
force 17.05.2021]
23. This Order takes effect on
19 August 2020. Clause 2 and sub-clause 3) of clause 3 take
effect on 1 September 2020.
24. [Omitted from this text.]
25. This Order shall be
published on the website of the Government of the Republic and in the official
gazette Riigi Teataja.
This Order is issued considering the fact that under
§ 2 2) of the Communicable Diseases Prevention and Control Act the
COVID-19 disease caused by the coronavirus SARS-CoV-2 corresponds to the signs
of a dangerous novel communicable disease because there is no effective
treatment and the spread of the disease may exceed the hospital treatment
capacity, and the requirements, measures and restrictions established by this
Order clearly have a significant social and economic effect. The risk of the
virus spreading is currently very high and therefore, in order to minimise the
risk, it is proportional to restrict people’s freedom of movement in the places
referred to in the Order for the protection of the life and health of people
and overriding public interest in order to prevent the spread of the
coronavirus SARS-CoV-2 causing the COVID-19 disease.
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 establishes requirements, measures and restrictions that
are inevitably necessary for preventing the spread of the virus. 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.
Failure to duly comply with measures for preventing the spread
of the virus will prompt the application of the administrative coercive
measures set out in § 28 (2) or (3) of the Law Enforcement Act. The
maximum amount of penalty payment is 9600 euros. This penalty payment,
which serves the purpose of enforcing the requirements, measures and
restrictions imposed by this Order and preventing the spread of the virus, may
be imposed repeatedly.
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.
Reasons for the amendments made by the Government of the
Republic Order No. 270 of 30 July 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.
It is justified to apply certain restrictions for preventing the spread of the virus causing COVID-19. Setting restrictions on rights and freedoms requires a fair balance between the objective sought by the restriction and the scope and effect of the restriction. Whereas, it is important to consider how can people, in the long run, exercise their other fundamental rights, such as right to liberty of movement and to engage in enterprise, if the virus that causes COVID-19 is not contained in Estonia and health care institutions are overloaded and health workers are overworked. Proportional restrictions necessary for stopping the virus are justified by the above compelling objectives.
Under § 28 (2), (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.
Restrictions on the freedom of movement and various measures for preventing and stopping the spread of the coronavirus SARS-CoV-2 causing COVID-19 have been established by the Government of the Republic Order No. 282 “Measures and restrictions necessary for preventing the spread of COVID-19” of 19 August 2020 (hereinafter Order No. 282), which serve the purpose of reducing contact between people and preventing the spread of the virus.
Establishment of the restrictions by the Order is based on the fact that COVID-19 caused by SARS-CoV-2 is an infectious disease that spreads from one person to another by way of droplet infection, primarily upon close contact with an infectious person. The virus can be contracted when in close contact with an infected person, by inhaling particles of the virus1, or through contaminated surfaces or, for example, contaminated hands.
The virus can spread in poorly ventilated and/or crowded indoor settings, where people tend to spend longer periods of time. The risk of becoming infected with SARS-CoV-2 is also present outdoors where close contact with a lot of people takes place. In Estonia, such cases have taken place, for instance, at sports events which resulted in 16 infected persons (as per 26 July 2021) and entertainment events which resulted in 64 infected persons (as per 26 July 2021).
The spread of the Delta variant of the coronavirus SARS-CoV-2 has brought about a significant increase in the spread of the virus in Estonia in recent weeks. The Delta variant spreads 60% more effectively than the Alpha variant, this means easier secondary and tertiary transmissions and the latent period is also shorter. Current data has shown that the level of immunity developed after a single dose of vaccine (for 2-dose vaccines) is about17% less effective against the Delta variant compared to the Alpha variant dominant thus far2. However, in respect to immunity developed after completion of the vaccination series the efficiency of the vaccine is about10% lower. There has been no noticeable reduction of responsiveness as to immunity developed after completion of the vaccination series. Considering that as per 29 July 2021 41.85% of the population have completed their vaccination series, the effect of vaccination is not yet sufficient to prevent possible increased morbidity caused by the Delta variant. This makes it necessary to impose additional restrictions and measures.
This Order has been drawn up considering the fact that the intensity of morbidity is high throughout Estonia. On 29 July 2021, the ratio of positive tests from the last 14 days to 100,000 inhabitants was 107.83 and the average rate of positive tests from the last 7 days was 133.
On 23 July 2021, the ratio of positive tests from the last 14 days to 100,000 inhabitants was 65.46 and the average rate of positive tests from the last 7 days was 75. On 7 July 2021 said figures were 31.83 and 32; on 21 June 2021 49.81 and 40; and on 16 June 2021 64.11 and 49.
14-day morbidity per 100,000 population is high in Estonia and the growth rate of new cases is still on the rise. Figures concerning hospital capacity and the health care system are moderate and stable.
During week 29, 645 new cases were registered. Compared to the week before, the number of new cases was 72.0% higher. During week 29, 18,494 tests were analysed (1394 tests per 100,000 inhabitants), which is 33.1% less than in week 28. 3.5% of the tests came back positive (1.4% in week 28). As of week 26 the Delta variant has assumed the position of the dominant variant (33% in week 25, 67% in week 26, 92% in week 28 and 95% in week 29).
On 27 July 2021, the infection coefficient R was 1.4 across Estonia, which is on the rise. The infection coefficient R rising is related to the dominance of the Delta variant but also to the organisation of large events. Different events have resulted in 9 clusters which include 166 infected persons as per 26 July 2021. Each day reveals new infected persons in the clusters. Persons who attend events and also camps are usually from different parts of Estonia, thus spreading the disease. Considering that R is high, the Health Board anticipates that there will be nearly 200 secondary cases related to events alone in week 30. The Health Board finds that if the number of people allowed to attend events is not limited, there will be up to 2500 new infected persons a day in the middle of September.
This Order introduces the following fundamental changes in Order No. 282:
Starting from 9 August 2021 lowest limits will apply to activities and events across all areas of activity. This means that if the person responsible for activities does not verify that participants are not contagious, up to 50 persons will be allowed to participate in indoor settings and up to 100 persons in outdoor settings. In indoor and outdoor settings, up to 50 persons will be allowed to catering establishments and public saunas, spas, swimming pools and water parks.
In the future, said principle will apply to the following areas of activity, activities and venues:
– sports, training, youth work, hobby activities, hobby education and refresher training;
– sports competitions and sports and exercise events;
– public saunas, spas, swimming pools and water parks;
– public meetings, public events, including conferences, theatre performances, concerts and film screenings, provision of entertainment services, and public religious services and other public religious rites;
– visiting museums and exhibition facilities;
– being at catering establishments.
If the number of participants is higher than 50 in indoor settings or higher than 100 in outdoor settings, the person responsible for activities shall check people’s vaccination certificates or certificates of recovery or negative tests starting from the first participant. If the person responsible for activities verifies that participants are not contagious, activities will be allowed to be carried out with the participation of up to 6000 persons in indoor settings and up to 12,000 persons in outdoor settings.
The restriction on the number of people will not be applied to catering establishments if customers are and move around in catering establishments’ sales or service area for the purpose of takeaway or provision of delivery or transport services and in indoor settings the requirements provided for in clause 81 are met. The restriction on the number of people and the requirement to produce certificates or tests do not apply to commerce or to the provision of other services.
This Order revokes the obligation of persons responsible for activities to arrange the testing of persons participating in the activities. This means that, for instance, concert organisers will not be required to ensure the possibility of due testing for the audience. Every person will be required to prove themselves that they are not contagious. According to the new Order, a person responsible for activities may arrange for an opportunity to take a rapid antigen test if the person follows the relevant instructions of the Health Board. As before, for instance, concert organisers will have to check that all guests are vaccinated or have recovered from COVID-19 or produce a certificate for a negative PCR or rapid antigen test. Compared to the time when the previous wording was issued vaccination has become available to people as young as 12 years of age. Likewise, possibilities for vaccination have been made available in each and every county. This means that people have the option to choose between vaccination (free of charge) and being tested before attending an event.
The costs of COVID-19 testing will be covered by the person who wants to participate in a specific activity, unless said costs will be covered by the person responsible for activities. If the limits of 50 persons in indoor settings and 100 persons in outdoor settings are not exceeded, the state of not being contagious need not be proven.
Persons under 18 years of age need not prove that they are not contagious before participation in an activity. This means that they need not produce a certificate for a negative COVID-19 test or a vaccination certificate or a certificate of recovery from COVID-19. When the percentage of vaccinated persons among people under 18 years of age has increased and young people will have had enough time to get their second dose of vaccine, the age limit currently set will be reviewed and adjusted as necessary.
This Order does not change the principle that releases from the requirement to test for COVID-19 a person with special needs if testing them is not reasonable considering other important reasons and, on the conditions provided for in this Order, persons who have recovered from COVID-19 or who are vaccinated or persons considered equal to vaccinated persons if they present a certificate evidencing those facts before participating in activities. This means that one part of society need not be tested for COVID-19 before attending an event or going to a food establishment. The greater the vaccination percentage, the lower the need to be tested before participation in activities.
The Order that takes effect on 9 August 2021 specifies the principle that persons responsible for activities are required to verify the authenticity and validity of certificates or tests or the occurrence of other circumstances before persons participate in activities. If there is reasonable doubt, the person responsible for activities is required to establish the identity of the person producing the certificate or test. If a person does not want to prove that they are not contagious, they are not required to provide any data but in that case they must take into account that they have no right to participate in activities if there are more than 50 people participating in the activities in indoor settings or more than 100 persons in outdoor settings.
Under Order No. 282, persons responsible for activities have the right to verify whether or not a person is contagious before allowing the person to participate in activities. The objective of data processing is to ensure the protection of public health, infection-safety of events and activities and the security of everyone, to prevent the overload of the health care system and, in more general terms, ensure the continuity of the state. Processing of said data is also necessary for reasons related to important public interest, in this case above all to prevent the spread of the coronavirus. Said right is granted by this Order under the Communicable Diseases Prevention and Control Act and it is proportional to the underlying aim. Processing of data is necessary in public interests of the public health domain.
Persons responsible for activities shall comply with all principles of data processing while processing data. Above all this means that after verifying certificates or tests persons responsible for activities have no right to retain said data in any form whatsoever, unless the relevant person participating in activities gives their consent to that effect. Persons responsible for activities are liable for the lawfulness of data processing.
The requirement for wearing a mask is also restored in public transport vehicles as of 2 August 2021.
Furthermore, the principle of calculating the number of people is changed and in the future all areas of activity will be subject to the principle that in addition to the provisions of the sub-clauses, the restriction on the number of people does not apply to organisers or the proprietor of a place for carrying out activities or providing services or their representative, employees, contractors, artists, persons involved in emergency work or persons necessary for economic servicing of the place.
This Order does not change the principle that public events and activities in indoor settings will remain subject to the requirement of physical distancing and the availability of disinfectants and compliance with the disinfection requirements as instructed by the Health Board will have to be ensured.
Considering the increase in the spread of the coronavirus SARS-CoV-2 across Estonia at the time this Order is issued, application of restrictions and measures in an altered form and continuation with other restrictions and measures that are not changed by this Order are an efficient and proportional measure for the protection of the life and health of people and for ensuring public health and the continuity of the health care system.
Under § 11 of the Constitution, rights and freedoms may only be circumscribed in accordance with the Constitution. Such circumscription must be necessary in a democratic society and may not distort the nature of the rights and freedoms circumscribed. The principle of proportionality arises from the second sentence of § 11 of the Constitution, according to which circumscription of rights and freedoms must be necessary in a democratic society. In this instance, the imposition of the restrictions and measures is in public interests and the restrictions and measures are imposed throughout the state. According to § 31 of the Constitution, Estonian citizens have the right to engage in enterprise and to form for-profit undertakings and organisations. Conditions and procedures for the exercise of this right may be provided by a law. The scope of protection of the freedom of enterprise and the right to liberty is infringed when the public authority adversely affects this freedom.
§ 12 of the Constitution provides for a general fundamental right of equality and prohibition of discrimination. This means that without reasonable and proper cause no-one may be treated differently. Comparable groups must be treated equally. In this case, comparable groups are persons who have been vaccinated against COVID-19 or who are considered equal to vaccinated persons or who have recovered from COVID-19 or who have taken a negative PCR test no earlier than 72 hours before participation in activities or a negative rapid test no earlier than 48 hours before participation in activities, on one hand, and persons who do not meet any of the above criteria, considering among other things that persons responsible for activities must ensure that people can participate in activities if vaccination, recovery or testing is not proved or reasonable due to the age of the relevant participant or other objective reasons, on the other hand. For instance, in circumstances where testing causes inconveniences due to a person’s special needs or where safe testing cannot be ensured due to a mental disorder.
Applying the principle of infection safety allows people who have tested negative for or have recovered from or have been vaccinated against COVID-19 or are considered equal to vaccinated persons to be treated differently compared to others who cannot prove the above results or who do not want to confirm said facts. Moreover, the application of this principle outweighs the public interest mostly because it allows keeping the society open and continuing with economic activities, which considers the objectives of the protection of public health.
The second sentence of § 31 of the Constitution gives the legislator authority to restrict the freedom of enterprise by the Communicable Diseases Prevention and Control Act. Any reasonable justification is sufficient for restricting the freedom of enterprise. This justification must be based on public interest or the need to protect the rights and freedoms of others, it must carry weight and it must naturally be lawful. Considering that the basis for restricting this freedom arises from the law and there is a legitimate and justified situation arising from public interest and the need to protect the rights and freedoms of others, the imposition of the restrictions and measures provided for in this Order is lawful.
The restrictions and measures imposed by the Order serve the purpose of limiting the spread of the coronavirus and the number of people getting infected and ensuring the continuity of the vital functions of the state. The restrictions and measures provided for in the Order have been carefully considered and it has been decided in favour of those that are more efficient than their alternatives in the context of the current spread of the infection based on currently available information. It has also been assessed that said restrictions and measures are fair and proportional in interaction of various fundamental rights and freedoms (e.g. §§ 12, 16, 19, 28, 31, 34, 37 and 47 of the Constitution). This means that the restrictions and measures as a whole affect all people for the purpose of public interest (protection of the life and health of people, continuity of the state).
Continuity involves a risk where a large number of people, e.g. medical staff, police officers, rescue workers, social workers, judges, teachers, state officials and members of the parliament falling ill has a perceivable effect on the availability of public services and the legal order of the state. When restrictions and measures are imposed, it is weighed for each area what is the fair balance between the protection of life, health and continuity of the state and the rights and freedoms circumscribed.
For instance, according to § 47 of the Constitution, everyone has the right to assemble peacefully and to conduct meetings without prior permission. This right may be circumscribed in the cases and pursuant to a procedure provided by law to safeguard national security, maintain public order, uphold public morality, ensure the safety of traffic and the safety of participants of the meeting, or to prevent the spread of an infectious disease. So, the right provided for in § 47 of the Constitution is also not an absolute right. The reason why § 47 of the Constitution specifically refers to the prevention of the spread of an infectious disease is that infectious diseases spread among people when people get together. Therefore, one of the most important and main measures of preventing the spread of infectious diseases in stopping the spread of an infection is to restrict interaction between people.
The reasons for the measures and restrictions are set out in the Order and the explanatory memorandum to the Order.
Under § 44 (1) of the Communicable Diseases Prevention and Control Act, supervision over the requirements imposed by this Order is exercised by the Health Board. Failure to duly comply with measures for preventing the spread of the virus will prompt the application of the administrative coercive measures set out in § 28 (2) or (3) of the Law Enforcement Act. The maximum amount of penalty payment is 9600 euros. This penalty payment, which serves the purpose of enforcing the requirements, measures and restrictions imposed by this Order and preventing the spread of the virus, may be imposed repeatedly.
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.
1 https://www.who.int/news-room/q-a-detail/coronavirus-disease-covid-19-how-is-it-transmitted
2 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/993879/Variants_of_Concern_VOC_Technical_Briefing_15.pdf
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