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Measures and restrictions necessary for preventing the spread of COVID-19

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Legend:
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Issuer:Government
Type:order
In force from:10.05.2021
In force until:16.05.2021
Translation published:08.05.2021

Under the preamble of § 28 (2) and under § 28 (6) of the Communicable Diseases Prevention and Control Act and considering § 28 (2) 2) and 3) and § 28 (5) and (8) of the same, the following restrictions are imposed:
[RT III, 19.02.2021, 7 - entry into force 22.02.2021]

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11[Repealed – RT III, 01.04.2021, 2 – entry into force 05.04.2021]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:
[RT III, 01.04.2021, 2 – entry into force 05.04.2021]
1) up to 72 hours before arrival in the country a person took a test for the coronavirus SARS-CoV-2 causing the COVID-19 disease and the results of that test came back negative and, following arrival in Estonia, no earlier than on the sixth day after the first test the person takes a second test for the coronavirus SARS-CoV-2 causing the COVID-19 disease and the results of that test also come back negative or a physician declares 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 person who failed to take a test for the coronavirus SARS-CoV-2 causing the COVID-19 disease up to 72 hours before arrival in the country took the 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 takes a second test for the coronavirus SARS-CoV-2 causing the COVID-19 disease and the results of that test also come back negative or a physician declares 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, 13.01.2021, 5 – entry into force 15.01.2021]

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 if in the country from where the person arrives and under whose laws the person is deemed to be its resident or is deemed to stay there legally the cumulative number of positive tests for the coronavirus SARS-CoV-2 causing COVID-19 per 100,000 inhabitants for the past 14 days is greater than 16 or if the above information is not available for that country and there is a high risk of the virus spreading in that country and the person arrives in the Republic of Estonia under the Aliens Act for the purpose of work or studies in an educational institution registered in Estonia and the person is tested for the coronavirus SARS-CoV-2 causing COVID-19 immediately after arrival in Estonia and the results of that test come back negative and the person is re-tested no earlier than on the sixth day after the first test and the results of that test also come back negative or a physician declares 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. The Ministry of Foreign Affairs publishes information on the morbidity rates by country on its website.
[RT III, 01.04.2021, 2 – entry into force 05.04.2021]

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 or after arrival in the country the person has taken 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;
 4) a person who is an athlete, a coach or a team member who arrives in Estonia from a third country referred to in sub-clause 3) of clause 2 for the purpose of working and 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 championship as an athlete or an athlete’s team member or who is directly involved in carrying out aforesaid sports competition performs urgent and inevitably necessary duties by a decision of their employer if after arrival in the country the person has taken 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. Until the test has come back negative the person is required to remain in their place of residence or permanent place of stay;
 5) the person attends an urgent family occasion and up to 72 hours before arrival in the country or after arrival in the country the person has taken 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. Until the test has come back negative the person is required to remain in their place of residence or permanent place of stay;

 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 the person took 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.

The provisions of sub-clause 5) of this clause do not apply to a person referred to in sub-clause 3) of clause 2.
[RT III, 01.04.2021, 2 – entry into force 05.04.2021]

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 the COVID-19 disease per 100,000 inhabitants in said countries for the past 14 days is equal to or less than 150. The Ministry of Foreign Affairs publishes information on the morbidity rates by country on its website;
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 16;
[RT III, 01.04.2021, 2 – entry into force 05.04.2021]
12) who arrive from a third country that is not on the European Union green list and if in the country from where they arrive and under whose laws they are deemed to be its residents or are deemed to stay there legally the cumulative number of positive tests for the coronavirus SARS-CoV-2 causing COVID-19 per 100,000 inhabitants for the past 14 days is equal to or less than 16 and if the above information is available for that country and there is no high risk of the virus spreading in that country. The Ministry of Foreign Affairs publishes this information on its website;
[RT III, 01.04.2021, 2 – entry into force 05.04.2021]

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]

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]

61The 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) suffered from COVID-19 and no more than six months have passed since the person was declared healthy by a physician;
2) has been vaccinated against COVID-19 and no more than six months have passed since the day of last vaccination.
[RT III, 30.01.2021, 4 – entry into force 01.02.2021]

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]

81In public indoor spaces, up to two persons may be and move around together while keeping at least two metres of distance from others. 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, 22.04.2021, 1 – entry into force 03.05.2021]

82In public indoor spaces people are required to wear a protective mask or cover their mouth and nose (hereinafter ‘mask’). Said requirement does not apply to children under 12 years of age and in cases when wearing a mask is not possible for health reasons, due to the nature of work or other activities or for other significant reasons.
[RT III, 23.11.2020, 1 – entry into force 24.11.2020]

9. Customers may be and move around in indoor sales area of stores, in service providers’ service points and in public spaces of commercial establishments if the following requirements are met:
1) up to two persons may be and move around together while keeping at least two metres of distance from others, except for families and in cases when said requirements cannot be reasonably ensured;
2) a mask is worn indoors. Said requirement does not apply to children under 12 years of age and in cases when wearing a mask is not possible for health reasons, due to the nature of work or other activities or for other significant reasons;
3) up to 50% of occupancy is ensured in sales area of stores, in service providers’ service points and in public spaces of commercial establishments;
4) at least at the entrance to and exit from the sales area and service point the possessor thereof has ensured the availability of disinfectants to employees and customers;
5) compliance with the disinfection requirements according to instructions from the Health Board is ensured.
[RT III, 03.12.2020, 1 – entry into force 05.12.2020]

91Customers may be and move around in catering establishments’ sales and seating areas if the following requirements are met:
1) up to six persons may be and move around together while keeping at least two metres of distance from others, except in cases when said requirements cannot be reasonably ensured. The requirement for being and moving around in groups of up to six persons does not apply to families;
[RT III, 30.01.2021, 4 – entry into force 01.02.2021]
11) a mask is worn indoors. Said requirement does not apply to children under 12 years of age and in cases when wearing a mask is not possible for health reasons, due to the nature of work or other activities or for other significant reasons;
[RT III, 23.11.2020, 1 – entry into force 24.11.2020]
2) the service provider ensures that from 21:00 to 06:00 the only persons in the catering establishment’s sales or seating area are persons who want takeaway or who provide delivery or transport services, the proprietor or their representative, employees, persons involved in emergency work or persons necessary for economic servicing of the establishment;
[RT III, 30.01.2021, 4 – entry into force 01.02.2021]
21) the service provider ensures that the occupancy of the catering establishment’s sales or seating area is no more than 50%;
[RT III, 19.02.2021, 7 – entry into force 22.02.2021]
3) the service provider ensures the availability of disinfectants;
[RT III, 12.11.2020, 5 – entry into force 16.11.2020]
4) the service provider ensures compliance with the disinfection requirements according to instructions from the Health Board.

The restriction referred to in sub-clause 2) does not apply on board of aircraft used for international carriage of passengers or to places of business located inside the security restricted area of an international airport and places of business located beyond the boarding gates in the waiting area of a passenger terminal of an international port. The restriction on business hours referred to in sub-clause 2) does not apply to petrol stations if the service provider ensures that its customers will not consume any food or beverages on the premises.
[RT III, 12.11.2020, 5 – entry into force 16.11.2020]

10. Customers may be and move around in places where leisure services are provided if the following requirements are met:
1) up to six persons may be and move around together while keeping at least two metres of distance from others, except in cases when said requirements cannot be reasonably ensured. The requirement for being and moving around in groups of up to six persons does not apply to families;
[RT III, 30.01.2021, 4 – entry into force 01.02.2021]
11) a mask is worn indoors. Said requirement does not apply to children under 12 years of age and in cases when wearing a mask is not possible for health reasons, due to the nature of work or other activities or for other significant reasons;
[RT III, 23.11.2020, 1 – entry into force 24.11.2020]
2) the service provider ensures that indoors the occupancy of the place of provision of service is no more than 50% and the number of customers is no higher than 200 people and that outdoors the number of customers is no higher than 250 people and people are scattered;
[RT III, 19.02.2021, 7 – entry into force 22.02.2021]
3) the service provider ensures that from 21:00 to 06:00 the only persons in the place of provision of leisure services are the proprietor or their representative, employees, persons involved in emergency work or persons necessary for economic servicing of the establishment;
[RT III, 30.01.2021, 4 – entry into force 01.02.2021]
4) the service provider ensures the availability of disinfectants;
[RT III, 12.11.2020, 5 – entry into force 16.11.2020]
5) the service provider ensures compliance with the disinfection requirements according to instructions from the Health Board.
[RT III, 12.11.2020, 5 – entry into force 16.11.2020]
Said requirements also apply during the provision of leisure services. The requirements referred to in sub-clause 1) and the limit on the number of customers set out in sub-clause 2) do not apply to children’s playrooms.
[RT III, 23.11.2020, 1 – entry into force 24.11.2020]

11. People may attend indoor public meetings, public events, including conferences, theatre performances, concerts and film screenings, public religious services and other public religious rites where a specific seat is ensured for persons in the designated area on the condition that:
[RT III, 30.01.2021, 4 – entry into force 01.02.2021]
1) the number of attendees up to 400 people is ensured;
[RT III, 23.11.2020, 1 – entry into force 28.11.2020]
2) the organiser of an indoor event ensures up to 50% attendance capacity and that people are scattered when seated;
[RT III, 30.01.2021, 4 – entry into force 01.02.2021]
3) outside the seating area, up to two persons may be and move around together while keeping at least two metres of distance from others, except for families and in cases when said requirements cannot be reasonably ensured;
[RT III, 23.11.2020, 1 – entry into force 24.11.2020]
4) a mask is worn indoors. Said requirement does not apply to children under 12 years of age and in cases when wearing a mask is not possible for health reasons, due to the nature of work or other activities or for other significant reasons;
[RT III, 23.11.2020, 1 – entry into force 24.11.2020]
5) the organiser of an event ensures the availability of disinfectants;
[RT III, 23.11.2020, 1 – entry into force 24.11.2020]
6) the organiser of an event ensures compliance with the disinfection requirements according to instructions from the Health Board.
[RT III, 23.11.2020, 1 – entry into force 24.11.2020]

12. Passengers are subject to a total restriction on the freedom of movement concerning going on a ferry sailing on the route Tallinn–Stockholm–Tallinn for the purpose of a pleasure trip.

13. Public meetings are allowed only if the following requirements are met:
1) the organiser of a meeting ensures numbered seats for attendees in an indoor meeting and that attendees are scattered when seated. Outside the seating area, up to two persons may be and move around together while keeping at least two metres of distance from others, except for families and in cases when said requirements cannot be reasonably ensured;
[RT III, 30.01.2021, 4 – entry into force 01.02.2021]
2) the organiser of an indoor meeting ensures up to 50% attendance capacity and the number of attendees no higher than 200 people;
[RT III, 19.02.2021, 7 – entry into force 22.02.2021]
3) the organiser of an outdoor meeting ensures that the number of attendees is no higher than 250 people and people are scattered;
[RT III, 19.02.2021, 7 – entry into force 22.02.2021]
4) a mask is worn indoors. Said requirement does not apply to children under 12 years of age and in cases when wearing a mask is not possible for health reasons, due to the nature of work or other activities or for other significant reasons;
[RT III, 23.11.2020, 1 – entry into force 24.11.2020]
41) the organiser of a meeting ensures that from 21:00 to 06:00 the only persons at the venue are the proprietor or their representative, employees, persons involved in emergency work or persons necessary for economic servicing of the establishment;
[RT III, 30.01.2021, 4 – entry into force 01.02.2021]
5) the organiser of a meeting ensures the availability of disinfectants;
[RT III, 23.11.2020, 1 – entry into force 24.11.2020]
6) the organiser of a meeting ensures compliance with the disinfection requirements according to instructions from the Health Board.
[RT III, 23.11.2020, 1 – entry into force 24.11.2020]

14. People may not be or move around in public saunas, spas, swimming pools or water parks. This restriction 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, professional sports activities within the competitions system of a sports federation, including members of and candidates for Estonian adult and youth teams, activities related to the military defence or internal security of the state, activities of disabled persons, including provision of social or occupational rehabilitation services, or indispensable services that are used to ensure people’s personal hygiene. In public saunas, spas, swimming pools and water parks, people may be and move around in sales and seating areas of catering establishments in said venues on the conditions provided for in clause 91 and in service providers’ service points in said venues on the conditions provided for in clause 9 and for using accommodation services or for engaging in sports and training on the conditions provided for in clause 18.
[RT III, 19.02.2021, 7 – entry into force 22.02.2021]

15. Public events are allowed only if the following requirements are met:
1) the organiser of an event ensures numbered seats for attendees at an indoor public event and that attendees are scattered when seated. Outside the seating area, up to two persons may be and move around together while keeping at least two metres of distance from others, except for families and in cases when said requirements cannot be reasonably ensured;
[RT III, 30.01.2021, 4 – entry into force 01.02.2021]
2) the organiser of an indoor event ensures that the occupancy is no more than 50% and the number of attendees is no higher than 200 people;
[RT III, 19.02.2021, 7 – entry into force 22.02.2021]
3) the organiser of an outdoor event ensures that the number of attendees is no higher than 250 people and people are scattered;
[RT III, 19.02.2021, 7 – entry into force 22.02.2021]
4) a mask is worn indoors. Said requirement does not apply to children under 12 years of age and in cases when wearing a mask is not possible for health reasons, due to the nature of work or other activities or for other significant reasons;
[RT III, 23.11.2020, 1 – entry into force 24.11.2020]
41) the organiser of an event ensures that attendees are not at the venue from 21:00 to 06:00;
[RT III, 30.01.2021, 4 – entry into force 01.02.2021]
5) the organiser of an event ensures the availability of disinfectants;
[RT III, 23.11.2020, 1 – entry into force 24.11.2020]
6) the organiser of an event ensures compliance with the disinfection requirements according to instructions from the Health Board.
[RT III, 23.11.2020, 1 – entry into force 24.11.2020]

16. Public religious services and other public religious rites are allowed only if the following requirements are met:
1) the organiser ensures numbered seats for attendees at an indoor event and that attendees are scattered when seated. Outside the seating area, up to two persons may be and move around together while keeping at least two metres of distance from others, except for families and in cases when said requirements cannot be reasonably ensured;
[RT III, 30.01.2021, 4 – entry into force 01.02.2021]
2) [repealed – RT III, 30.01.2021, 4 – entry into force 01.02.2021]
3) it is ensured that indoor occupancy does not exceed 50% and the number of attendees is no higher than 200 people;
[RT III, 19.02.2021, 7 – entry into force 22.02.2021]
4) the organiser of an outdoor event ensures that the number of attendees is no higher than 250 people and people are scattered;
[RT III, 19.02.2021, 7 – entry into force 22.02.2021]
5) a mask is worn indoors. Said requirement does not apply to children under 12 years of age and in cases when wearing a mask is not possible for health reasons, due to the nature of work or other activities or for other significant reasons;
6) the availability of disinfectants is ensured;
7) compliance with the disinfection requirements according to instructions from the Health Board is ensured.
[RT III, 23.12.2020, 1 – entry into force 24.12.2020]

17. Engaging in sports, training, youth work, hobby activities, hobby education and refresher training outdoors are only allowed if the following requirements are met:
1) it is ensured that the number of attendees is no higher than 250 people who must be divided into groups of no more than 50, including the instructor, and that there is no contact between groups. This restriction does not apply to families and in cases when said requirements cannot be reasonably ensured;
[RT III, 19.02.2021, 7 – entry into force 22.02.2021]
2) the availability of disinfectants is ensured;
3) compliance with the disinfection requirements according to instructions from the Health Board is ensured.
The requirements referred to in sub-clause 1) do not apply to activities carried out under national curriculum, professional sports activities within the competitions system of a sports federation, including members of and candidates for Estonian adult and youth teams and team sport players in championship leagues, activities related to the military defence or internal security of the state, or activities of disabled persons, including provision of social or occupational rehabilitation services.
[RT III, 08.01.2021, 1 – entry into force 11.01.2021]

18. Engaging in sports, training, youth work, hobby activities, hobby education and refresher training indoors are only allowed if the following requirements are met:
1) it is ensured that only individual activities or individual training take place, including the instructor or trainer, and at least two metres of distance is kept from others. Group activities and group training are not allowed, except when such activities or training are carried out in a pre-school child care institution with children or pupils in the same group who, according to this Order, are not subject to the restriction on being and moving around in study buildings and who study in one and the same class. This restriction of individual activities or individual training does not apply to families and in cases when said requirements cannot be reasonably ensured;
2) it is ensured that the occupancy does not exceed 50% and the number of participants is no higher than 200 people;
3) a mask is worn. Said requirement does not apply to children under 12 years of age and in cases when wearing a mask is not possible for health reasons, due to the nature of work or other activities or for other significant reasons;
4) the availability of disinfectants is ensured;
5) compliance with the disinfection requirements according to instructions from the Health Board is ensured.
The requirements referred to in sub-clauses 1) and 2) do not apply to professional sports activities within a competitions system, including members of and candidates for Estonian adult and youth teams and team sport players in championship and premier leagues, activities related to the military defence or internal security of the state, or activities of disabled persons, including provision of social or occupational rehabilitation services and Astangu Vocational Rehabilitation Centre.
[RT III, 19.02.2021, 7 – entry into force 22.02.2021]

19. Sports competitions and sports and exercise events are allowed only if the following requirements are met:
1) only championship and premier league teams participating in the competitions system of sports federations, professional athletes, and members of and candidates for Estonian adult and youth teams may take part in indoor sports competitions and sports and exercise events, and the occupancy of the venue for sports competitions and sports and exercise events may not exceed 50% and the number of attendees may be no higher than 200 people;
2) the organiser of an event or a competition ensures that outdoor sports competitions and sports and exercise events are attended by no more than 250 people who must be divided into groups of no more than 50, including the instructor, and that there is no contact between groups. This restriction does not apply to families and in cases when said requirements cannot be reasonably ensured;
3) no spectators are allowed;
4) a mask is worn indoors. Said requirement does not apply to children under 12 years of age and in cases when wearing a mask is not possible for health reasons, due to the nature of activities or for other significant reasons;
5) the organiser of an event ensures that attendees are not at the venue from 22:00 to 06:00;
6) the organiser of a competition ensures the availability of disinfectants;
7) the organiser of a competition ensures compliance with the disinfection requirements according to instructions from the Health Board.
The requirements referred to in sub-clauses 1), 2) and 5) do not apply to students of general education schools who, according to this Order, may be in study buildings, activities related to the military defence or internal security of the state, or activities of disabled persons, including provision of social or occupational rehabilitation services. The requirements referred to in sub-clauses 2) and 5) do not apply to professional sports activities within the competitions system of a sports federation, including members of and candidates for Estonian adult and youth teams and team sport players in championship and premier leagues.
[RT III, 19.02.2021, 7 – entry into force 22.02.2021]

20. Visiting museums and exhibitions is only allowed if the following requirements are met:
1) up to two persons may be and move around together while keeping at least two metres of distance from others, except for families and in cases when said requirements cannot be reasonably ensured;
[RT III, 23.11.2020, 1 – entry into force 24.11.2020]
11) a mask is worn indoors. Said requirement does not apply to children under 12 years of age and in cases when wearing a mask is not possible for health reasons, due to the nature of work or other activities or for other significant reasons;
[RT III, 23.11.2020, 1 – entry into force 24.11.2020]
2) the service provider ensures the availability of disinfectants;
21) the service provider ensures compliance with the disinfection requirements according to instructions from the Health Board.
[RT III, 30.01.2021, 4 – entry into force 01.02.2021]
3) [repealed – RT III, 30.01.2021, 4 – entry into force 01.02.2021]
4) [repealed – RT III, 30.01.2021, 4 – entry into force 01.02.2021]
5) [repealed – RT III, 30.01.2021, 4 – entry into force 01.02.2021]
6) [repealed – RT III, 30.01.2021, 4 – entry into force 01.02.2021]

201In general and special care homes (hereinafter ‘social welfare institution’) the following requirements must be met:
1) employees and visitors of social welfare institutions shall wear a mask as personal protective equipment inside and on the territory of the relevant institution;
2) a mask need not be worn by a person for whom it is contraindicated for medical reasons, and upon the performance of duties if any and all contact with the employees, customers and other visitors of the relevant social welfare institution is avoided, or in other justified cases;
3) when wearing and using masks the maximum duration of use specified by the manufacturer and instructions from the Health Board and the Consumer Protection and Technical Regulatory Authority shall be complied with.
[RT III, 14.09.2020, 1 – entry into force 14.09.2020]

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]

2013Students may be in study buildings, used for learning purposes, of general education schools, vocational educational institutions, institutions of professional higher education and universities only when:
1) learning takes place in general education schools in grades 1 through 4, 9 and 12 and for students of vocational educational institutions who will be taking their national examinations in the academic year 2020/2021;
[RT III, 29.04.2021, 1 – entry into force 03.05.2021]
2) students require educational support services or, according to their teacher, consultations for achieving learning outcomes or when they engage in practical studies or take exams or tests;
3) people are scattered in classrooms considering the nature of activities and outside classrooms the requirements set out in clause 81 are complied with;
4) the requirements for wearing a mask set out in clause 82 are complied with;
5) the availability of disinfectants and compliance with the disinfection requirements according to instructions from the Health Board are ensured.
The requirements referred to in this clause do not apply to students who receive enhanced support or special support or to educational institutions adapted for them or to activities of disabled persons.

[RT III, 22.04.2021, 1 – entry into force 03.05.2021]

2014Up to and including 16 May 2021 the provisions of clauses 9 through 11 and 13 through 20 of this Order do not apply and until said time the following measures and restrictions are applied:

[RT III, 06.05.2021, 3 – entry into force 10.05.2021]
1) engaging in sports, training, youth work, hobby activities, hobby education and refresher training indoors are allowed if two people participate, including the instructor, and if at least two metres of distance is kept from other persons. Group activities and group training are prohibited. This restriction does not apply to families and in cases when said requirements cannot be reasonably ensured. It must be ensured that occupancy does not exceed 25% and the requirements for wearing a mask provided for in clause 82 must be met, and the availability of disinfectants and compliance with the disinfection requirements according to instructions from the Health Board shall be ensured. The restriction on groups and occupancy set out in this sub-clause does not apply to activities carried out in a pre-school child care institution with children or pupils in the same group who, according to clause 2013, are not subject to the restriction on being and moving around in study buildings and who study in one and the same group or class. The restriction does also not apply to professional sports activities within the competitions system of a sports federation, including members of and candidates for Estonian adult and youth teams and team sport athletes in premier and championship leagues, activities related to the military defence or internal security of the state, refresher training and related examinations necessary for obtaining a temporary certificate in proof of acquisition of a qualification, or activities of disabled persons, including provision of social or occupational rehabilitation services and Astangu Vocational Rehabilitation Centre;
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 10 people in a group, including instructor, and that there is no contact with other groups. This restriction does not apply to families. The restriction does also not apply to professional sports activities within the competitions system of a sports federation, members of and candidates for Estonian adult and youth teams or team sport athletes in premier and championship leagues, activities related to the military defence or internal security of the state, refresher training and related examinations necessary for obtaining a temporary certificate in proof of acquisition of a qualification, or activities of disabled persons, including provision of social or occupational rehabilitation services;
3) outdoor sports competitions and sports and exercise events are allowed only if the number of participants is no higher than 150 people, if it is ensured that the number of participants is no higher than 10 people in a group and that there is no contact with other groups, and the organiser of an event ensures that attendees are not at the venue from 21:00 to 06:00. No spectators are allowed;
4) sports competitions and sports and exercise events where the participants are team sport athletes in premier and championship leagues, professional athletes competing within the competitions system of a sports federation, members of and candidates for Estonian adult and youth teams, or disabled persons or persons to whom social or occupational rehabilitation services are provided are allowed indoors only if the requirements provided for in clauses 81 and 82 are complied with, and the total number of participants may be no higher than 100 people and outdoors no higher than 200 people. The availability of disinfectants and compliance with the disinfection requirements according to instructions from the Health Board shall be ensured indoors. No spectators are allowed;
5) people may not be or move around in indoor public saunas, spas, swimming pools or water parks, except for in sales and seating areas or service areas of catering establishments in said venues on the conditions provided for in sub-clause 8) of this clause and in service providers’ service points in said venues on the conditions provided for in sub-clause 10) of this clause and for engaging in sports and training on the conditions provided for in sub-clauses 1) through 4) of this clause and also for using accommodation services. 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 if it is ensured that the number of participants is no higher than 10 people in a group and the total number of participants is no higher than 150 people and no person is at said venues from 21:00 to 06:00. The restriction on business hours and on stay and movement 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 as well as indispensable services that are used to ensure people’s personal hygiene;
6) indoor public meetings, public events, including conferences, theatre performances, concerts and film screenings and provision of entertainment services, all with or without designated seats, are not allowed. Said activities are allowed outdoors if it is ensured that the number of participants is no higher than 10 people in a group and the total number of participants is no higher than 150 people and no person is at said venues from 21:00 to 06:00;
7) people may be and move around in indoor museums and exhibition facilities and at public religious services and other public religious rites if compliance with the requirements provided for in clauses 81 and 82 is ensured and if no person is at said indoor venues from 19:00 to 06:00 and it is ensured that indoor occupancy does not exceed 25% per room. Group activities in museums and exhibition facilities are not allowed. Said activities are allowed outdoors if it is ensured that the number of participants is no higher than 10 people in a group and the total number of participants is no higher than 150 people and no person is at said venues from 21:00 to 06:00. The restriction on group activities is not applied, in the framework of hobby activities and hobby education, to children or pupils in the same group in a pre-school child care institution who, according to clause 2013, are not subject to the restriction on being and moving around in study buildings and who study in one and the same class. The restriction on business hours, number of people and occupancy set out in this sub-clause does not apply to organisers or the proprietor of a place of provision of service or their representative, employees, contractors, artists, persons involved in emergency work or persons necessary for economic servicing of the place;
8) customers may not be or move around in catering establishments’ indoor sales or service area, except for the purpose of takeaway or provision of delivery or transport services if it is ensured that the requirements provided for in clauses 81 and 82 and the requirement for no higher than 25% occupancy are met. Customers may be and move around in outdoor sales or service area if the service provider ensures that the sales or service area occupancy is no higher than 50% and if it is ensured that the number of people is no higher than 10 people at a table and from 21:00 to 06:00 people are and move around in said places only for the purpose of takeaway or provision of delivery or transport services. The restrictions on stay, movement, business hours and occupancy set out in this sub-clause do not apply to the proprietor of a place of provision of service or their representative, employees, contractors, artists, persons involved in emergency work or persons necessary for economic servicing of the place. The availability of disinfectants and compliance with the disinfection requirements according to instructions from the Health Board shall be ensured indoors and outdoors. The restrictions on stay, movement, business hours and occupancy set out in this sub-clause do not apply on board of aircraft used for international carriage of passengers. The restrictions on stay, movement, business hours and occupancy do not apply to catering establishments’ sales or seating area located inside the security restricted area of an international airport and catering establishments’ sales or seating area located beyond the boarding gates in the waiting area of a passenger terminal of an international port and catering establishments’ sales or service area located on board vessels servicing international routes. The restriction on being and moving around in indoor catering establishments’ sales or service area and on business hours thereof as set out in this sub-clause does not apply to petrol stations if the service provider ensures that its customers will not consume any food or beverages on the premises;
9) customers may be and move around in the sales area of stores and in public spaces of commercial establishments located indoors if compliance with the requirements provided for in clauses 81 and 82 is ensured and occupancy is no higher than 25%. The restriction on occupancy provided for in this sub-clause does not apply to the proprietor of a commercial establishment or their representative, employees, persons involved in emergency work or persons necessary for economic servicing of the place. The availability of disinfectants to employees and customers and compliance with the disinfection requirements according to instructions from the Health Board shall be ensured;
10) customers may be and move around in service providers’ service areas if compliance with the requirements provided for in clauses 81 and 82 is ensured and occupancy does not exceed 25%. The service provider shall ensure in its service areas the availability of disinfectants to employees and customers and compliance with the disinfection requirements according to instructions from the Health Board.
[RT III, 22.04.2021, 1 – entry into force 03.05.2021]

2015The restrictions on persons being and moving around and relevant measures provided for in this Order are not applied in study buildings and other places of general education schools, vocational educational institutions, institutions of professional higher education and universities when state-organised immunisation is being carried out or when handling of blood is being organised under the Blood Act. The organiser shall ensure compliance with the requirements provided for in clauses 81 and 82, the availability of disinfectants and compliance with the disinfection requirements according to instructions from the Health Board.
[RT III, 01.04.2021, 2 – entry into force 05.04.2021]

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 and the need for these restrictions and measures shall be assessed no later than after every two weeks.

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. 170 of 6 May 2021

This Order continues the measures and restrictions imposed so far for the protection of the life and health of people and overriding public interest, including for the protection of the continuity of the state, that are indispensable 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, 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, 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. 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.

Various 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, which serve the purpose of reducing contact between people and preventing the spread of the virus. The spread of the coronavirus SARS-CoV-2 is still wide in Estonia and the infection rates are high.

COVID-19 caused by the coronavirus SARS-CoV-2 is an infectious disease that spreads from one person to another by way of infectious droplets, primarily upon close contact with an infectious person. This means that a person can contract the virus when in close contact with an infected person or through contaminated surfaces or, for example, hands. The virus spreads faster in poorly ventilated indoor spaces and people in risk groups (including older people) are in greater risk of the disease becoming serious or of complications or of needing hospital treatment.

As per 5 May 2021, the ratio of positive tests in the past 14 days to 100,000 inhabitants is 363.21. On 30 March 2021 the same indicator was 1364.21. As per 5 May 2021, according to the Health Board, the intensity of morbidity is high in Estonia and the spread of the virus is wide. The basic reproduction number R, or the infection coefficient, remains steady at around 0.9 across Estonia. The infection coefficient has started climbing up in all regions. The morbidity growth rate is decreasing and stabilisation in morbidity and a slight increase can be expected in the near future. Considering the changed restrictions as of 3 May 2021, people’s decreased sense of danger1 and increased risk behaviour, the Health Board finds that it is very likely that the basic reproduction number R will rise above 1 again soon.

This Order extends the restrictions on public events, entertainment, being at catering establishments, engaging in sports and training and other activities and areas of activity until 16 May 2021. The restrictions are extended in consideration of the fact that the coronavirus is still spreading widely in Estonia and the risk of infection is still high. The risk of the spread of the virus increasing is presumably higher due to the changes in the restrictions pertaining to being in educational institutions and other changes that took effect on 3 May 2021 which increase contact between people, thereby lowering social sense of danger. The first negative effect of the changes that took effect on 3 May 2021 on the infection figures will be revealed no earlier than within a week, but the full impact can be seen within three weeks. Therefore, restrictions must be applied considering the possible negative effect of the changes in restrictions that took effect on 3 May 2021.

When looking at different areas of activity and different activities separately, none of them, compared to others, will result in a significantly higher risk than currently present as to the spread of the coronavirus but taken and applied as a whole they will amplify the effects brought about by other activities and will therefore increase the risk of infection. For the purposes of decreasing the risk of infection the Government of the Republic seeks to ease the restrictions step by step, having also regard to the possible negative effect of the aforesaid changes in restrictions as of 3 May 2021 on the spread of the virus. Subsequent decisions about restrictions and measures will be made no later than before 16 May 2021.

When imposing restrictions and measures the Government of Republic assesses the risks of the spread of the coronavirus in a universal manner and considers all areas that the restrictions and measures affect. Even if from a regional or area perspective or from the perspective of an individual it may seem that a specific activity carries a low risk, this may prove untrue in reality. If an activity that carries a risk of infection results in significantly higher coronavirus rates or an epidemic spread, considering various new mutations of the virus, this means expenses for the health care system, employers and other people that, as a rule, are covered by society as a whole. Currently there is also no justified expectation that the risk caused by the spread of the virus has completely passed. In crisis management the Government of the Republic imposes restrictions and measures based on public interest. Right now the public interest is to avoid all of the above risks. Those risks can only be avoided if the spread of the virus is under control along with the restrictions and measures imposed. All restrictions and measures as well as decisions for changing them must be viewed as a whole.

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 Research and analyses | Ministry of Social Affairs (sm.ee).

Issuer:Government
Type:order
In force from:09.08.2021
In force until:
Translation published:10.08.2021

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]

61The 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]

81In 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 and at public religious services and other public religious rites. 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, 06.08.2021, 1 - entry into force 09.08.2021]

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]

2014As of 9 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 50 people and the requirements provided for in clause 81 are met. The restriction on the number of people does not apply to activities related to the military defence or internal security of the state or to Astangu Vocational Rehabilitation Centre. The restriction on the number of people does also not apply to persons under 18 years of age;
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 100 people. This restriction does not apply to activities related to the military defence or internal security of the state or to Astangu Vocational Rehabilitation Centre. The restriction on the number of people does also not apply to persons under 18 years of age;
3) outdoor sports competitions and sports and exercise events in a confined territory are allowed if it is ensured that the number of participants is no higher than a total of 100 people. This restriction does not apply to Astangu Vocational Rehabilitation Centre;
4) indoor sports competitions and sports and exercise events are allowed if it is ensured that the total number of participants is no higher than 50 persons and the requirements provided for in clause 81 are met. This restriction does not apply to Astangu Vocational Rehabilitation Centre;
5) people may be and move around in public saunas, spas, swimming pools and water parks if it is ensured that the total number of participants is no higher than 50 persons and in indoor settings the requirements provided for in clause 81 are additionally met;
6) indoor public meetings, public events, including conferences, theatre performances, concerts and film screenings and provision of entertainment services are allowed if it is ensured that the total number of attendees is no higher than 50 people and the requirements provided for in clause 81 are met;
7) in a confined territory, outdoor public meetings, public events, including conferences, theatre performances, concerts and film screenings and provision of entertainment services are allowed if it is ensured that the number of attendees is no higher than a total of 100 people;
8) in indoor settings, public religious services and other public religious rites are allowed if the total number of attendees is no higher than 50 people or if up to 50% occupancy is ensured and the requirements provided for in clauses 81 and 83 are met. In a confined territory, outdoor public religious services and other public religious rites are allowed if it is ensured that the total number of attendees is no higher than 100  people;
9) 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 50 people and the requirements provided for in clause 81 are met;
10) customers may be and move around in catering establishments’ sales or service area if it is ensured that the total number of customers is no higher than 50 people and in indoor settings the requirements provided for in clause 81 are additionally met. The restriction on the number of people does not apply 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 does also not apply on board of passenger ferries used for domestic carriage of passengers;
11) in indoor settings, customers may be and move around in 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.

As to indoor activities provided for in this clause, 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 clause applies to each and every location of activity. In addition to the provisions of the sub-clauses, the restriction on the number of people set out in this 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.
[RT III, 06.08.2021, 1 - entry into force 09.08.2021]

2015. [Repealed – RT III, 01.06.2021, 7 – entry into force 02.06.2021]

2016. Person responsible for activities may carry out activities with a number of participants higher than the number of people provided for in clause 2014 if compliance with other requirements provided for in clause 2014 for the relevant area and in clauses 2017 and 2020 is ensured. Liability for proving the facts or for complying with the requirements for testing as provided for in clauses 2018 and 2019 lies with the relevant person who takes part in the activities, unless testing is arranged by the person responsible for activities. 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, 30.07.2021, 2 - entry into force 09.08.2021]

2017. Person responsible for 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.
[RT III, 30.07.2021, 2 - entry into force 09.08.2021]

2018. In the event provided for in clause 2016 a person may participate in activities if at least one of the following conditions is met:
1) the person is under 18 years of age;
2) the person has special needs and testing them is not reasonable considering other important reasons;
3) on the conditions provided for in clauses 61 and 62, the person has recovered from COVID-19 or is vaccinated or a person considered equal to vaccinated persons and the person produces a certificate evidencing those facts before participating in activities;
4) the person produces a negative test result pursuant to the procedure provided for in clause 2019.
[RT III, 30.07.2021, 2 - entry into force 09.08.2021]

2019. In the event provided for in sub-clause 4) of clause 2018 a person may participate in activities if they produce a certificate proving the taking of a test which gave a negative result and which was administered by a health care provider on the following conditions
1) an antigen RTD test for the coronavirus SARS-CoV-2 causing COVID-19, approved by the European Union Health Security Committee, must be taken up to 48 hours before participation in the activities;
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 activitie.

If a person participating in activities has failed to comply with the requirements set out in this clause, the person responsible for activities may arrange for an antigen RTD test for SARS-CoV-2 as instructed by the Health Board. Said test must give a negative result in order to allow participation in the activities.
[RT III, 30.07.2021, 2 - entry into force 09.08.2021]

2020. Person responsible for activities is required to verify the authenticity and validity of the certificate or test provided for in clauses 2018 or 2019 or the occurrence of other circumstances before the relevant person participates 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. The person responsible for activities is prohibited from retaining any personal data, unless the relevant person gives their consent to that effect under Article 4(11) and Article 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 04.05.2016, pp. 1–88).
[RT III, 30.07.2021, 2 - entry into force 09.08.2021]

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. 279 of 6 August 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.

Compared to previous weeks the spread of the coronavirus has significantly increased and the Delta variant has assumed the position of the dominant variant. 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 4 August 2021 42.85% 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 Order has been drawn up considering the fact that the intensity of morbidity is high throughout Estonia. On 4 August 2021, the ratio of positive tests from the last 14 days to 100,000 inhabitants was 163.06 and the average rate of positive tests from the last 7 days was 193. 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. Therefore, 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 30, 1246 new cases were registered. Compared to the week before, the number of new cases was 93.2% higher. During week 30, 25,282 tests were analysed (1905 tests per 100,000 inhabitants), which is 36.7% more than in week 29. 4.9% of the tests came back positive (3.5% in week 29). The highest percentage of positive tests can be seen in Viljandi County (12.3%), Pärnu County (11%) and Põlva County (10.8%).

The infection coefficient R is 1.55 across Estonia and it is on the rise. The increased infection rates are related to the dominance of the Delta variant but also to the organisation of events.

Slightly reduced growth rate of new cases can be expected in week 31 but 2000 infected people, that is over 60% increase in the number of cases can also be expected this week. The growth will also continue in the coming weeks before the effect of measures and restrictions can be seen. Consequently, in mid-August there will probably be around 2500 new cases a week and days when more than 300–400 new infected people are registered.

The growth rate should slow down but it is still likely that we will see 500 new infected people a day in the second half of August. This will depend on the rate of vaccination, possible new restrictions and the behaviour of people. The increased number of new cases is mostly due to infections among young people but continued growth is also expected among older people.

This Order introduces the following fundamental changes in Order No. 282:

As of 9 August 2021 the Order will no longer impose restrictions on the freedom of movement of people under 18 years of age who participate in indoor and outdoor sports, training, youth work, hobby activities and refresher training. The restrictions on the number of people as provided by the Order will apply to people over 18 years of age and to the activities listed.

Clause 2014 of the Order will set out exceptions for public religious services and other religious rites and in indoor settings there will be a requirement to wear a protective mask or cover one’s mouth and nose at public religious services and other religious rites. An exception will also be provided for food establishments located on passenger ferries used for domestic carriage of passengers. The requirement to ensure physical distancing and the availability of disinfectants and compliance with the disinfection requirements as instructed by the Health Board will also remain in effect.

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.

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, 40 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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