Under § 27 (3) and the preamble of § 28 (2) and § 28 (6) of the Communicable Diseases Prevention and Control Act and considering the provisions of § 27 (1) 1) and 2) and § 27 (6) and § 28 (8) of the same, requirements for quarantine for the purpose of avoiding and preventing the coronavirus SARS-CoV-2 causing COVID-19 from spreading outside the focus of the disease are imposed as follows:
1. Persons
diagnosed with COVID-19 (hereinafter infected person) 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 an infected 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, or when a health care professional
refers them to receive health services, or in the event of an emergency that
puts their life or health at risk.
3. A
person who is living with or permanently staying in the same place of stay as
an infected person or who has otherwise had close contact with an infected
person (hereinafter close contact) is prohibited from leaving their
place of residence or permanent place of stay during a period of
10 calendar days after becoming aware of the COVID-19 diagnosis of the
infected person. For a person who is living with or permanently staying in the
same place of stay as an infected person the 10-calendar-day period starts from
the onset of the infected person’s symptoms or, if the infected person exhibits
no symptoms, from the day the infected person took the positive test for
SARS-CoV-2. For a person who has otherwise had contact with an infected person
the 10-calendar-day period starts from last close contact with the infected
person.
4. The restriction set out in clause 3 does not apply if the
close contact is showing no symptoms of COVID-19, 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 other possible measures for preventing the spread of the communicable
disease and the following circumstances occur:
1) the close contact 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 close contact leaves their place of residence or permanent place
of stay when a health care professional refers them to receive health services
or in the event of an emergency that puts their life or health at risk;
3) the close contact is a health care professionalwho is performing urgent
duties by a decision of their employer;
4) the close contact 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;
5) if the person referred to in sub-clause 4) 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;
6) the close contact is getting the everyday essentials near their place
of residence or place of stay because it is otherwise impossible;
7) any and all contact between the close contact and an infected person
who is living in the same place of residence or staying in the same place of
stay is excluded;
8) the close contact is outdoors and completely avoids contact with other
persons;
9) a person has arrived in Estonia because of the European Golden League
- Men volleyball tournament, the person is tested according to instructions
from the Health Board and the European Volleyball Confederation’s “CEV hygiene
guidelines volleyball specifications” of 11 December 2020, the person was
tested for the coronavirus SARS-CoV-2 causing COVID-19 up to 72 hours before
arrival in Estonia and promptly after arrival in Estonia and is tested on each
day in Estonia and the results of those tests have been and are negative and
the person complies with the prohibition to leave their place of residence or
place of stay, except for training, competing, arriving in the country or leaving
the country. Said requirements also extend to the members of the Estonian delegation
who shall be tested one day before the start of the tournament and thereafter
on each day of the tournament.
[RT III, 21.05.2021, 7 – entry into force 22.05.2021]
5. The
provisions of clauses 3 and 4 do not apply to close contacts who have
suffered from COVID-19 and who have been declared healthy by a physician and no
more than six months have passed since they were declared healthy
(hereinafter recovered person), or to close contacts who have been
vaccinated against COVID-19 and no more than six months have passed since the
day of last vaccination (hereinafter vaccinated person), provided
that, during the 10-calendar-day period referred to in clause 3, the close
contacts:
1) wear a protective mask or cover their mouth
and nose (hereinafter mask) in indoor premises where they come into
contact with persons with whom they are not permanently staying in the same
place of residence or place of stay. A mask need not be worn by 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;
2) they carefully monitor
their health, they show no symptoms of the disease and they 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.
6. 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.
7. This
Order shall be published in the official gazette Riigi Teataja and in the mass
media.
8. This
Order takes effect on 2 February 2021 and remains in effect up to and
including 31 May 2021.
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 COVID-19.
Government
of the Republic Order No. 455 “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 17 December 2020 is in effect from 1 January
2021 through 1 February 2021. This Order hereby extends the current
requirements and imposes the same restrictions for another period as of
2 February 2021.
Quarantine
has been applied since the emergency situation from 26 March 2020. After
the end of the emergency situation the Government of the Republic imposed a
quarantine on persons diagnosed with COVID-19 and on persons close to them from
18 May 2020 until 1 July 2020. 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 was in effect from 16 July 2020 through
30 September 2020.
Government of the Republic Order No. 336 “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 29 September 2020 was in effect from
1 October 2020 through 31 December 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
first COVID-19 vaccines have only recently been granted a marketing
authorisation in the European Union and vaccination against COVID-19 has also
started in Estonia but there is still no disease-specific effective treatment,
it is necessary to extend the restrictions. On 26 January 2021,
357 new tests came back positive in 24 hours. According to the
population register the most new positive tests were recorded in Harju County
and Ida-Viru County where 201 and 46 persons, respectively, were diagnosed
with the coronavirus (the morbidity rate per 100,000 inhabitants is 586.6
and 867, respectively). The Estonian morbidity rate per
100,000 inhabitants for the past 14 days is 541.62. 409 people
have been hospitalised, 41 of them are in intensive care and 21 of
the latter are on mechanical ventilation. For the past 14 days, infected
persons were recorded in all counties. 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 COVID-19 caused by
the coronavirus SARS-CoV-2.
Under
§ 2 (2) of the Communicable Diseases Prevention and Control Act,
COVID-19 corresponds to the signs of a dangerous novel 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 COVID-19. The quarantine imposed by this
Order is necessary because the spread of the infection has noticeably increased
over the past two months – when on 20 November 2020 the cumulative
morbidity per 100,000 inhabitants for the past 14 days was 253.5,
then on 26 January 2021 the relevant coefficient was 541.62. 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 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. Exceptions may be made for close contacts
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.
There is
still little scientific research about the probability of recovered and
vaccinated persons becoming infected again and transmitting COVID-19 but
according to current knowledge the probability of recovered persons becoming
infected again within six months is low and therefore the quarantine
requirement should not be applied to them during said time. The relevant
exception is provided for in clause 5 of the Order.
Vaccination
against COVID-19 in Estonia started on 27 December 2020 using the
Comirnaty vaccine (Pfizer/BioNTech; according to data of 26 January 2021,
Estonia has received 49,140 doses). According to data of 26 January
2021, 1200 doses of the Moderna COVID-19 vaccines have been delivered to
Estonia. Both vaccines are mRNA vaccines and have similar mechanism of action.
On 26 January 2021, other vaccines had not been granted a marketing
authorisation in the European Union. On 26 January 2021, there were
27,180 persons in Estonia who had had at least one dose of vaccine and
3078 persons had been given all required doses.
The
Estonian Society for Infectious Diseases and the Science Council advising the
Government of the Republic recommend releasing people who have been given all
required doses of vaccine from the quarantine requirement.
This
recommendation is based on the following knowledge. Currently there is
information only about Pfizer/BioNTech and Moderna vaccines that have been
granted a marketing authorisation in the European Union. Both Pfizer/BioNTech
(Comirnaty) and Moderna (Moderna COVID-19 vaccine) vaccines are highly
effective and vaccination prevents the majority of symptomatic cases. There is
little information about whether the vaccine also prevents transmission
(asymptomatic infection) but this is primarily due to the fact that currently
we can rely on the results of third stage clinical trials that focus on the
effectiveness of the vaccine – prevention of the disease – and not on reducing
transmission.
However,
asymptomatic infection has been studied with Moderna vaccine. In the Moderna
vaccine trials the SARS-CoV-2 RNA from nasal swab was determined before the
second vaccine dose (on the 28th day). In mITT population (persons
who had received at least one dose of the vaccine) PCR positivity was found in
0.1% of the people in the vaccine group (N = 15) and 0.3% of the
people in the placebo group (N = 39). This leads to the conclusion that
the vaccine also reduces asymptomatic infection even after one dose. Yet it is
important to observe that all PCR positive cases counted irrespective of the
time of occurrence. Infections during the first 12 to 14 days is not
surprising because the formation of antibodies takes a couple of weeks (the
same applies to asymptomatic infection). There is no data on how much the
completion of the vaccination scheme (2 doses) reduces asymptomatic
infections but it is reasonable to guess that more than after one dose.
But until
it is absolutely certain that COVID-19 vaccines also protect against
transmission, it is necessary for close contacts to carefully monitor their
health, comply with measures imposed by the Government of the Republic and the
Health Board for preventing the possible spread of the communicable disease and
take all other possible measures for preventing the spread of the communicable
disease. It is as important for close contacts to wear a protective mask or
otherwise cover their nose and mouth indoors (for example, in public indoor
spaces, at work, in administrative agencies or educational institutions, and
sports and leisure facilities and so on) where they come into contact with
people with whom they do not share a place of residence, for the purpose of
preventing the potential spread of the virus (except in the special cases
referred to in the Order). The same principle also applies to recovered
persons. Therefore, for 10 calendar days, recovered and vaccinated persons
who are released from the restriction are still required to wear a mask or
other protective equipment in places specified in the Order. 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.
Being aware
of the positive and negative factors involved in amending said Order, the
Health Board, the Estonian Society for Infectious Diseases and the Science
Council advising the Government of the Republic find that the resulting gain
outweighs any possible negative aspects. Currently marketed vaccines are
sufficiently effective and the presented efficacy data is reliable.
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 May 2021.
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.
Reasons for the amendments
made by the Government of the Republic Order No. 203 of 20 May 2021
This Order makes changes in
Government of the Republic Order No. 47 “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 30 January 2021 (hereinafter Order
No. 47).
According to Order No. 47, persons who have had close contact
with a person diagnosed with COVID-19 are subject to the requirement of quarantine
until 10 days have passed since the identification of close contact.
The Order introduces a new basis that allows members of Estonian,
Latvian, Spanish and Belgian delegations participating in the European Golden
League - Men volleyball tournament (from 28 to 30 May 2021) to continue
training and participating in matches in a situation where the test for the
coronavirus SARS-CoV-2 causing COVID-19 of one or several members of the same
delegation comes back positive. This change also allows members of a delegation
to continue training and participating in matches as a close contact if their
own test comes back negative, including repeat tests, and the persons remain in
competition isolation which means that they are allowed to leave their place of
residence or place of stay – their hotel – only for training, competing,
arriving in the country or leaving the country. These conditions are based on
the Health Board’s instructions and, among others, on the fact that the transport
of the delegations to the place they are staying, to the training and
competition venue and upon arrival in and departure from the country shall be
arranged in a manner that avoids any and all contact with other delegations and
persons. This change is related to a one-time tournament in Estonia.
Members of delegations arriving from abroad will be tested with a
PCR test up to 72 hours before arrival in Estonia, promptly after arrival
in Estonia and thereafter on each day spent in Estonia. Members of the Estonian
delegation will be tested one day before the start of the tournament and
thereafter until the end of the tournament. If a rapid antigen test is used and
it comes back positive, a PCR test shall be taken right away. If the PCR test
also comes back positive, it is followed by isolation and the Health Board’s
new risk assessment on the entire delegation.
The person who tested positive will be immediately quarantined on
a separate floor of the accommodation establishment. When being escorted to the
isolation room it shall be ensured that the person has no contact with others.
The person shall be re-tested at the first opportunity to rule out a possible
false positive result. If the repeat test comes back negative, the person shall
take a third test after 24 hours. If necessary, close contacts shall be
re-tested after a positive result according to recommendations from the Health
Board to determine whether there are other persons who may have contracted the
virus.
This exception carries a minimum risk to the spread of the virus
because the delegations will be in competition isolation in Estonia – they will
be allowed to leave the hotel only for training and matches twice a day.
Delegations will not be allowed any additional trips and this will be ensured
by a security company. The delegations will have no contact with other persons
during their stay in Estonia. The competition is organised in accordance with
the European Volleyball Confederation’s “CEV hygiene guidelines volleyball
specifications” of 11 December 2020 pursuant to which close contacts must
be limited by ensuring distancing in transport, meals, meetings and overnight
stays, as well as the restrictions established in Estonia for preventing the
spread of the virus.
For safety purposes, matches with the participation of close
contact teams will be held without spectators.
Said provision shall apply from the time this Order takes effect
until 31 May 2021, which is also the date of expiry of Order No. 47.
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.