Under § 27 (3) of the Communicable Diseases Prevention and Control Act and considering the provisions of § 27 (1) 1) and 2) and § 27 (6) of the same, requirements for quarantine for the purpose of avoiding and preventing the coronavirus SARS-CoV-2 causing the COVID-19 disease from spreading outside the focus of the disease are imposed as follows:
1. Persons
diagnosed with the COVID-19 disease are prohibited from leaving their place of
residence or permanent place of stay from the time they were diagnosed until
their recovery. A place of residence or a permanent place of stay also means
places where shelter services and safe house services are provided. Whether a
person has made a recovery is decided by a physician.
2. The
restriction set out in clause 1 does not apply when a 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, upon referral by a health care
professional to receive health services, or in the event of an emergency that
puts the person’s life of health at risk.
3. A
person who is living with or permanently staying in the same place of stay as a
person referred to in clause 1 or who has otherwise had close contact with
a person referred to in clause 1 is prohibited from leaving their place of
residence or permanent place of stay for 14 calendar days after last close
contact, unless they are showing no symptoms of the COVID-19 disease, they
carefully monitor their health, comply with measures imposed by the Government
of the Republic or the Health Board for preventing the possible spread of the
communicable disease and take all possible measures for preventing the spread
of the communicable disease and the following circumstances occur:
[RT III, 29.10.2020, 3 – entry into force 30.10.2020]
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
upon referral by a health care professional to receive health services or in
the event of an emergency that puts the person’s life of health at risk;
3) the person is a health care professional who is performing urgent duties
by a decision of their employer;
[RT III, 29.10.2020, 3 – entry into force 30.10.2020]
31) the person is a person who is performing urgent duties by
a decision of their employer and with advice from the Health Board and without
whom the performance of a task of a state or local authority would be impossible
or highly complicated;
[RT III, 29.10.2020, 3 – entry into force 30.10.2020]
32) if the person referred to in sub-clause 31
is a person ensuring the continuity of a vital service, they may perform urgent
duties only by a decision of their employer and on the latter’s proposal justified
in writing and with the approval of an authority or local authority referred
to in § 36 of the Emergency Act and with advice from the Health Board;
[RT III, 29.10.2020, 3 – entry into force 30.10.2020]
33) the person has arrived in Estonia due to the EuroBasket
Qualifiers in men’s basketball, the person is tested according to instructions
from the Health Board and requirements of “COVID-19 Protocol for FIBA Official
National Team and Club Competitions” adopted by the International Basketball
Federation FIBA on 26 October 2020, at least before every game no earlier
than one calendar day before the game and on the day of the game the person
has been tested for the coronavirus SARS-CoV-2 causing the COVID-19 disease
and the test results have come back negative and the person complies with the
prohibition on leaving their place of residence or place of stay, except for
training or competing or arriving in or leaving the country;
[RT III, 26.11.2020, 5 – entry into force 26.11.2020, in force up
to 01.12.2020.]
4) the person is getting the everyday essentials near their place of residence
or place of stay because it is otherwise impossible;
5) any and all contact between the person and a person diagnosed with the
COVID-19 disease who is living in the same place of residence or staying in
the same place of stay is excluded;
6) the person is outdoors and completely avoids contact with other persons.
31. The
restriction set out in clause 3 does not apply to a person who is living
with or permanently staying in the same place of stay as a person referred to
in clause 1 or who has otherwise had close contact with a person referred
to in clause 1:
1) if no earlier than on the 10th calendar day since the
last close contact identified by the Health Board the person takes a test for
the coronavirus SARS-CoV-2 causing the COVID-19 disease and the test comes back
negative;
2) if a physician declares the person not to be contagious;
3) if the non-application of the restriction is decided by the Health Board.
[RT III, 29.10.2020, 3 – entry into force 30.10.2020]
4. Supervision
over the requirements imposed by this Order is exercised by the Health Board,
involving the Police and Border Guard Board by way of professional assistance,
where necessary.
5. This
Order shall be published in the official gazette Riigi Teataja and in the mass
media.
6. This
Order takes effect on 1 October 2020 and remains in effect through
31 December 2020.
For the
protection of the life and health of people and overriding public interest,
this Order imposes quarantine requirements for preventing the spread of the
coronavirus SARS-CoV-2 causing the COVID-19 disease.
Government
of the Republic Order No. 257 “Imposition of quarantine on persons
diagnosed with the COVID-19 disease caused by the coronavirus SARS-CoV-2 and on
persons living with or permanently staying in the same place of residence as
them and on persons who have otherwise had close contact with a person
diagnosed with the disease” of 16 July 2020 is in effect from 16 July
2020 through 30 September 2020. This Order hereby extends the current
requirements and imposes the same restrictions again as of 1 October 2020.
Essentially
similar requirements were in effect during the emergency situation from
26 March 2020 until the end of the emergency situation on 17 May
2020. After the end of the emergency situation the Government of the Republic
imposed a quarantine on persons diagnosed with the COVID-19 disease and on
persons close to them from 18 May 2020 until 1 July 2020.
Under
§ 27 (5) of the Communicable Diseases Prevention and Control Act,
quarantine shall be terminated after the spread of the communicable disease has
been prevented, the requirements for the control of the communicable disease
have been fulfilled and the focus of the disease has been rendered harmless. As
the virus is highly contagious the Science Council advising the Government of
the Republic has recommended permanently imposing the quarantine requirement on
persons suffering from the disease and on persons who have had close contact
with them for the purpose of preventing the spread of the infection. Therefore
the Government of the Republic has sought to keep the quarantine requirements
in effect. Considering the number of persons infected, the rate at which the
disease spreads, the possible serious nature of the disease and the fact that
COVID-19 vaccines are still under development and there is no disease-specific
effective treatment, it is necessary to extend the restrictions. On
28 September 2020, 67 new tests came back positive in 24 hours.
The morbidity rate per 100,000 inhabitants for the past 14 days is
42.89. 33 persons have been hospitalised. According to the population
register the most new positive tests were recorded in Harju County where
34 persons were diagnosed with the coronavirus. 13 new coronavirus cases
were recorded in Ida-Viru County and another 13 in Võru County, two cases in
Viljandi County and one in Saare County, Lääne County and Jõgeva County each.
For two positive test results there was no place of residence indicated in the
population register. Infected persons can be found in every county. If no
restrictions are applied, the infection rate may rise further.
Under
§ 34 of the Constitution of the Republic of Estonia (hereinafter 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
freedom of movement may be circumscribed in the cases and pursuant to a
procedure which is provided by law to protect the rights and freedoms of
others, in the interests of national defence, in the case of a natural disaster
or a catastrophe, to prevent the spread of an infectious disease, to protect
the natural environment, to ensure that a minor or a person of unsound mind
does not remain unsupervised, or to ensure the proper conduct of a criminal
case. Under § 27 (3) of the Communicable Diseases Prevention and
Control Act, if the establishment of quarantine is accompanied with a
significant effect on the society or economy, the quarantine shall be
established by an order of the Government of the Republic. The purpose of the
quarantine imposed by this Order is to prevent and stop the further spread of
the COVID-19 disease caused by the coronavirus SARS-CoV-2 after the end of the
emergency situation in Estonia.
Under
§ 2 2) of the Communicable Diseases Prevention and Control Act the
COVID-19 disease corresponds to the signs of a new dangerous communicable
disease because COVID-19 is a disease with a high level of infectiousness which
spreads rapidly and extensively and which may be serious or life threatening
and currently there is also no effective treatment for COVID-19 and explosive
intensification of the spread of the disease may result in a situation where
the number of patients who need to be hospitalised exceeds the hospital
treatment capacity. The quarantine is necessary for the protection of the life
and health of people and overriding public interest in order to prevent and
stop the spread of the virus causing the COVID-19 disease. The quarantine
imposed by this Order is necessary because the spread of the infection has
noticeably increased over the past two months – when on 27 July 2020 the
cumulative morbidity per 100,000 inhabitants for the past 14 days was
1.2, then on 28 September 2020 the relevant coefficient was 42.89. To get
focuses of the infection under control and slow the spread of the disease down
isolating persons suffering from the disease and persons close to them from
others is an effective measure. Quarantine is imposed until recovery on persons
diagnosed with the COVID-19 disease. The quarantine requirement also applies to
persons living with or permanently staying in the same place of residence or
place of stay as diagnosed persons until the diagnosed person has been declared
healthy or until 14 days have passed since establishment of close contact,
unless the Health Board decides otherwise. But exceptions are also made as to
under which circumstances one may leave their place of residence or place of
stay.
Quarantine
is imposed on persons diagnosed with COVID-19 and on persons living with or
permanently staying in the same place of residence or place of stay as
diagnosed persons and on persons who have otherwise had close contact with a
person suffering from the disease. This quarantine requirement is justified
because the virus spreads fast and may cause great damage to health and without
effective application of the restrictions the slightest focus of the disease
may lead to extensive spread of the disease and weigh heavily on the healthcare
system. Exceptions are made for asymptomatic persons in quarantine and in
justified cases they may leave home. For instance, persons who have had close
contact with a diagnosed person are allowed to go outside or to a store provided
they carefully monitor their health, comply with measures imposed by the
Government of the Republic or the Health Board for preventing the possible
spread of the communicable disease and take all possible measures for
preventing the spread of the communicable disease. So the freedom of movement
of asymptomatic persons is not excessively restricted.
Imposing
a quarantine on infected persons and persons suspected of having been infected
ensures the protection of the health of persons in a risk group, including
persons suffering from chronic diseases, persons with a weak immune system and
the elderly. According to §§ 16 and 28 of the Constitution, the state
shall ensure the protection of the life and health of people but people
themselves also play an important role – they must look out for the health of
their family and colleagues as well as the weaker groups of society and the
public as a whole.
Since
§ 27 (3) of the Communicable Diseases Prevention and Control Act
requires that in the event of a quarantine the term of quarantine shall be set
out and a quarantine cannot be established without a term, it was planned upon
the issue of this Order that the Order will remain in effect through
31 December 2020.
Failure
to duly comply with measures for preventing the spread of the communicable
disease will prompt the application of the administrative coercive measures set
out in § 28 (2) or (3) of the Law Enforcement Act. According to
§ 23 (4) of the Law Enforcement Act, the 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 a communicable disease, 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.
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