Under § 27 (3) of the Communicable Diseases Prevention and Control Act and considering the provisions of § 27 (1) 1) and 2) 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:
[RT III, 01.06.2021, 8 - entry into force 02.06.2021]
1. Persons
who have been diagnosed with COVID-19 or whose SARS-CoV-2 RT-PCR or SARS-CoV-2
antigen RTD test by a health care provider has come back positive
(hereinafter infected person) are prohibited from leaving their
place of residence or permanent place of stay from the time they were diagnosed
or received their test results 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.
11. The restriction set out in clause 1 does not apply to an
employee of a health care provider who performs urgent duties by a decision of
their employer and if the following conditions are met:
1) the symptoms of
COVID-19 exhibited by the person are regressing;
2) the person takes
measures imposed by the Health Board for preventing the spread of the
communicable disease.
[RT III,
04.02.2022, 2 – entry into force 07.02.2022]
2. The
restriction set out in clause 1 does not apply when an infected person is
given an order by a health care professional, a police officer or an official
of the rescue service 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
7 calendar days. For a person who is living with or permanently staying in
the same place of stay as an infected person the 7-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 referred to in clause 1. For a person who has otherwise had
contact with an infected person the 7-calendar-day period starts from last
close contact with the infected person.
[RT III, 07.01.2022, 1 – entry
into force 10.01.2022]
31. In
the case of a person who is participating in schooling and education activities
carried out in a pre-school childcare institution, a general education school
or a vocational educational institution (hereinafter ‘educational
institution’) and whose SARS-CoV-2 RT-PCR test result is positive the
Health Board will send information about the date of testing, the person’s
given name and surname and the period of contagiousness to the head of the
relevant educational institution or person appointed thereby and to the general
education school’s or vocational educational institution’s provider of health
services in schools who will identify the names of persons who had close
contact with the person and the time of said close contact and who will send
this information to the Health Board.
[RT III, 12.11.2021, 2 –
entry into force 15.11.2021]
32. The
job description of the person appointed by the head of educational institution
must set out the right to process data received in performance of the duty referred
to in clause 31 and a non-disclosure agreement must be in
place.
[RT III, 12.11.2021, 2 –
entry into force 15.11.2021]
33. When
carrying out the requirements provided for in clause 31 the
head of educational institution is prohibited from retaining any personal data
longer than two business days after their receipt, unless the relevant person
gives their consent 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) or unless
there are other legal grounds for retaining personal data according to the
General Data Protection Regulation.
[RT III, 12.11.2021, 2 –
entry into force 15.11.2021]
4. The
restriction set out in clause 3 does not apply if the close contact is
showing no symptoms of COVID-19 and the following circumstances occur:
1) the close contact is given an order by a health care professional, a
police officer or an official of the rescue service 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 professional who 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 any contact with
other persons;
81) athletes or members of delegations participate in a high
level international competition in the competition calendar of an international
sports organisation taking place in Estonia where at least half of the
participants come from abroad and the Ministry of Culture has given an
assessment on the competition based on the respective sports organisation’s
application and the Health Board has approved the risk management plan for the
competition and the athletes or members of delegations comply with the
requirements approved by the international sports federation and their test
results as required by the risk management plan have been negative and they
comply 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;
[RT III, 17.09.2021, 3 – entry into force 20.09.2021]
82) [repealed - RT III, 01.10.2021, 1 – was in force up to and
including 26.10.2021]
9) the close contact is a person up to 18 years of
age (inclusive) or attaining the age of 19 years during the academic year
2021/2022 who had close contact upon provision of childcare services, in a
pre-school child care institution, a general education school, a vocational
educational institution, a hobby school or a youth work agency or in hobby
activities. For the purposes of this sub-clause, a close contact is also a
person who had contact with a person whose SARS-CoV-2 antigen RTD test intended
for self-testing is positive.
[RT III,
04.02.2022, 2 – entry into force 07.02.2022]
10) [repealed
– RT III, 04.02.2022, 2 – entry into force
07.02.2022]
5. The
provisions of clauses 3 and 4 do not apply to a close contact who:
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 (hereinafter recovered person);
[RT III, 16.07.2021, 2 – entry into force 19.07.2021]
2) has completed their vaccination series for COVID-19, has developed full
protection after the last dose of vaccine and no more than 270 days have
passed since the last dose of vaccine (hereinafter vaccinated person);
[RT III, 28.12.2021, 2 – entry into force
01.02.2022]
21) has completed their vaccination series for
COVID-19, has developed full protection and after the completion of the series
has received an additional dose of vaccine and no more than one year has passed
since the additional dose of vaccine;
[RT III, 15.10.2021, 2 – entry into force
18.10.2021]
3) is considered equal to a vaccinated person
(hereinafter person considered equal to a vaccinated person). A
person considered equal to a vaccinated person is deemed to be a person who 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 270 days have
passed since the last dose of vaccine, or who, after the first dose of vaccine,
has contracted COVID-19 and has recovered from COVID-19 and no more than
270 days have passed since the SARS-CoV-2 test confirming the diagnosis
was taken or since the date of confirmation of the diagnosis. If a person
contracts COVID-19 within 14 calendar days after the first dose of
vaccine, the person will be subject to the provisions of sub-clause 1)
applicable to recovered persons.
[RT III, 28.12.2021, 2 – entry into force
01.02.2022]
6. The
time when the full protection referred to in clause 5 is developed is,
according to the manufacturers, 7 calendar days after the second dose of
vaccine for Pfizer/BioNTech Vaccine Comirnaty, 14 calendar days after the
second dose of vaccine for AstraZeneca Vaccine Vaxzevria and Moderna COVID-19
Vaccine, and 14 calendar days after one dose of vaccine for Janssen
COVID-19 Vaccine. For other COVID-19 vaccines not mentioned in this clause, the
specific manufacturer’s instructions for full protection shall be followed.
Full protection for recovered persons vaccinated with one dose is deemed to
have been developed at the times stated in this clause.
[RT III, 23.08.2021, 1 – entry into force 26.08.2021]
61. If
a recovered person contracts COVID-19 again at a time when more than
60 days have passed since their previous SARS-CoV-2 test confirming the
diagnosis was taken or since the date of confirmation of the diagnosis, the
180-day period when the provisions of clause 3 are not applied to the
recovered person starts again from when the recovered person was diagnosed with
COVID-19 or when a health care provider tested them with a SARS-CoV-2 RT-PCR
test or SARS-CoV-2 antigen RTD test.
[RT III, 07.04.2022, 4 – entry into force 12.04.2022, applied retroactively as of
13 October 2021]
7. [Repealed
– RT III, 01.06.2021, 8 – entry into force 02.06.2021]
8. The
rights and obligations provided for in this Order also apply to persons who are
close contacts at the time this Order takes effect or who have recovered from
COVID-19 or have been vaccinated before the entry into force of this Order.
9. The
time of development of full protection for persons vaccinated before the entry
into force of this Order or persons considered equal to vaccinated persons is
calculated according to clauses 5 and 6.
10. In
the events described in sub-clause 3) of clause 5 before the entry
into force of this Order a person is deemed to be a person considered equal to
a vaccinated person for the purposes of this Order.
11. 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
or in another manner provided by law, where necessary.
111. Clause 61 of
this Order is applied retroactively as of 13 October 2021.
[RT III, 07.04.2022, 4 – entry into force 12.04.2022]
12. 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.
13. This
Order takes effect on 1 June 2021 and remains in effect through
30 June 2022.
[RT III, 15.03.2022, 2 – entry into force
16.03.2022]
14. This
Order shall be published in the official gazette Riigi Teataja and on the
website kriis.ee.
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.
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. 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 was in effect from 1 January 2021
through 1 February 2021. 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
is in effect from 1 February 2021 through 31 May 2021.
This
Order extends the requirements for quarantine and imposes restrictions and
measures for another period of time starting from 1 June 2021.
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
as of 17 May 2021 vaccination against COVID-19 has been available to the
entire population of Estonia but providing vaccines for all still depends on
the quantities of vaccines arriving in Estonia and there is still no
disease-specific effective treatment, it is necessary to extend the
restrictions. On 25 May 2021, 160 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 81 and 30 persons,
respectively, were diagnosed with the coronavirus (the morbidity rate per
100,000 inhabitants is 207.3 and 550.4, respectively). The Estonian
morbidity rate per 100,000 inhabitants for the past 14 days is 236.1.
189 people have been hospitalised, 25 of them are in intensive care
and 13 of the latter are on mechanical ventilation. 3138 infected
persons were recorded within the past 14 days. Although the infection
rates and the workload of hospitals has somewhat decreased, the spread of the
infection has not been stopped and not applying restrictions may result in increased
spread of the infection and higher workload of hospitals.
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 for containing disease clusters and for slowing the spread
of the disease down.
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. As a new requirement, a person tested with a
SARS-CoV-2 RT-PCR or SARS-CoV-2 antigen RTD test by a health care provider, if
the test results are positive, is also required to be quarantined. 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.
Although
studies on post-vaccination immunity are still on-going and any data is
preliminary, the Expert Committee on Immunoprofylactics at the Ministry of
Social Affairs has, by relying on available information, found that there is no
reason to believe that post-vaccination immunity would be reduced during at
least 6 to 8 months after the completion of the vaccination series1,
and it will presumably last even longer. The precise duration of post-vaccination
immunity and the precise time when re-vaccination becomes necessary due to
reduced immunity is not known because the studies are still on-going and more
and more data becomes available. It must also be considered that currently
there is also not enough information about how effective the protection
provided by COVID-19 vaccines that hold a marketing authorisation in the
European Union currently is against new strains of the virus, but there are
studies being conducted. When new strains emerge it may turn out that vaccines
that have been granted a marketing authorisation in the European Union do not
provide sufficient protection against them and even those who have already
completed their vaccination series must be re-vaccinated. As new data becomes
available, release from quarantine and the appropriateness thereof shall be
reviewed.
Clause 5
of the Order sets out that close contacts who have recovered from the disease
or who have been vaccinated or who are considered equal to vaccinated persons
are subject to release from quarantine during the period of time provided by
the Order.
According
to available data, post-recovery immunity lasts for at least 6 months2,3,4,5.
However, according to the Expert Committee on Immunoprofylactics and available
information, this may depend on the severity of COVID-19. For ensuring
subsequent adequate protection, the Expert Committee on Immunoprofylactics
recommends vaccinating recovered persons with one dose at six months after
recovery. According to the European Centre for Disease Prevention and Control
(ECDC)6, preliminary information shows that naturally developed
immunity reduces over time and may not last long. However, available data shows
that contracting the disease again within six months after recovery happens in rare
cases. But having recovered from the disease may not protect against new
strains.
This
Order set out release from quarantine for one year for persons who have
completed their vaccination series for COVID-19, have developed full protection
after their last dose of vaccine and no more than one year has passed since
that time. A person is deemed to have completed their vaccination series:
1) after the administration of the second dose of vaccine for two-dose
vaccines; 2) after the administration of one dose of vaccine for one-dose
vaccines. Release from quarantine does not arise immediately after completion
of the vaccination series but after the passing of the time required for the
development of full protection. Full protection is developed after different
periods of time for different vaccines.
One year
is estimated to be an optimum period of time during which data about the
duration of immunity and need for re-vaccination, including against new
strains, should become available. Since it is impossible to predict the precise
time when such data will become available and when possible new strains will
emerge, there is a chance that the one-year release from quarantine must be
either prolonged or shortened at some point. Consequently, the Order contains a
clause 12 that allows the conditions of the Order to be changed if
justified by the epidemiological situation.
Vaccination
against COVID-19 in Estonia started on 27 December 2020 using the
Pfizer/BioNTech Vaccine Comirnaty (as per week 21 of 2021, Estonia has
received 470,340 doses). As per week 21 of 2021, Estonia has received
82,800 doses of the Moderna COVID-19 Vaccine, 252,000 doses of the
AstraZeneca Vaccine Vaxzevria and 19,600 doses of the Janssen COVID-19
Vaccine. On 25 May 2021, there were 442,089 persons in Estonia who
had had at least one dose of vaccine and 226,105 persons had completed
their vaccination series.
A person
considered equal to a vaccinated person is deemed to be a person who has been
given one dose of vaccine after recovering from COVID-19, has developed full
protection after the last dose of vaccine and no more than one year has passed
since the development of full protection after the dose of vaccine, or who has
contracted COVID-19 after the first dose of vaccine and no more than one year
has passed since the person was declared healthy by a physician. Should a
person be infected within 14 calendar days after the first dose of
vaccine, they will be regarded as recovered and they will be subject to the
provisions concerning recovered persons.
Information
about the vaccine used, the date of administration of the last dose of vaccine
and so on is entered on immunisation certificate but the latter does not
reflect the time when full protection is reached, which is calculated from the
day of completion of the vaccination series and the duration of which depends
on the time specified in the summary of product characteristic of the specific
vaccine.
Despite
the specifications set out in the Order 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). Therefore, for
10 calendar days, close contacts 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.
The
implementing provision of the Order is necessary to specify how are the
provisions of the Order applied to persons who are close contacts at the time
this Order takes effect or who have recovered from COVID-19 or have been
vaccinated before the entry into force of this Order.
Imposing
quarantine on infected persons and persons suspected of having been infected
ensures the protection of the health of persons in risk groups, 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
2021. The date was chosen due to the fact that by 31 December 2021 more or
less a year will have passed since the beginning of vaccination in Estonia and
by that time enough reliable studies will presumably have been published to
clarify the need for re-vaccination and the duration of immunity after
vaccination and recovery as well as the efficacy against new strains.
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 non-compliance
levy is 9600 euros. This non-compliance levy, 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.
1 https://www.nejm.org/doi/full/10.1056/NEJMc2103916
2 https://science.sciencemag.org/content/371/6529/eabf4063
3 https://www.gavi.org/vaccineswork/natural-immunity-covid-19-may-be-long-lasting?gclid=EAIaIQobChMI0MaQ7uGR8AIVBHYYCh1mDAihEAAYAiAAEgJFYPD_BwE
4 https://science.sciencemag.org/content/371/6529/eabf4063
5 https://www.cell.com/immunity/fulltext/S1074-7613(20)30445-3
6 European Centre for Disease Prevention and Control
Reasons
for the amendments made by the Government of the Republic Order No. 118 of
7 April 2022
This Order amends
Government of the Republic Order No. 305 ‘Measures and Restrictions Necessary
for Preventing Spread of COVID-19’ of 23 August 2021, Government of the
Republic Order No. 212 ‘Imposition of quarantine on persons who have been
diagnosed with or have tested positive for COVID-19 and on persons who have had
close contact with them’ of 28 May 2021, and Government of the Republic
Order No. 169 ‘Imposition of temporary restrictions on crossing the state
border in order to prevent a new outbreak of the coronavirus SARS-CoV-2 causing
the COVID-19 disease’ of 16 May 2020.
The purpose of amending
these Orders is to extend the validity of vaccination certificates and time of
release from isolation applicable to persons under 18 years of age. Also,
a period of time between two cases of onset of COVID-19 is established. The
establishment of this period of time entitles a person to create a new recovery
certificate before the expiry of the previous one should the person fall ill
again during the validity of the existing certificate.
Currently
the vaccination certificate of a person under 18 years of age is accepted
for crossing of the state border for one year and three months. However, on
29 March 2022, the European Commission adopted an amendment to Regulation (EU) 2021/95312, on the
basis of which the vaccination certificate of minors is accepted until reaching
maturity or until 270 days have passed from the last dose of vaccine.
Currently, a minor returning from travelling is released from isolation if a
year and three months have passed since their vaccination. This is how long
vaccinated minors also have the right to cross the state border for the purpose
of entering Estonia if they come from a third country and are asymptomatic. As
a result of this amendment to the Order the release from isolation and the
possibility to cross the state border will be available until they reach
maturity or, if they have been vaccinated right before reaching maturity, until
270 days have not yet passed since the last dose of vaccine.
A person who has recovered
from COVID-19 will get a recovery certificate that will be accepted for
180 days. Under the current Order, should a person fall ill again within
180 days they will not get a new recovery certificate. As a result of this
amendment to the Order, if the period of time between two cases when a person
contracts COVID-19 is more than 60 days, that person will become entitled
to a new recovery certificate that will also last for 180 days.
The provisions governing
the extension of the acceptance period of vaccination certificates of persons
under 18 years of age will take effect when published in Riigi Teataja.
Since according to the above directly applicable EU Regulation it is to be
applied as of 6 April 2022, the provisions will also be applied on the
basis of the Orders retroactively as of 6 April 2022.
The provisions governing
the creation of a new recovery certificate will take effect on 12 April
2022 and will be applied retroactively as of 13 October 2021 since a
recovery certificate can be generated retroactively in the health information
system. A development by the Health and Welfare Information Systems Centre
allows creating certificates retroactively for 180 days which is also the
acceptance period of the recovery certificate. For instance, if a person had
COVID-19 in September 2021 and became infected again in January 2022 and on
both times also took a SARS-CoV-2 PCR test, then now that person will have the
right to retroactively create a recovery certificate proving the illness
suffered in January.
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 non-compliance
levy is 9600 euros. This non-compliance levy, 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.
The explanatory memorandum
to the Order is available on the website kriis.ee.
1 Regulation (EU) 2021/953 lays down a
framework for the issuance, verification and acceptance of interoperable
COVID-19 vaccination, test and recovery certificates (EU Digital COVID
Certificate) for the purpose of facilitating the holders’ exercise of their
right to free movement during the COVID-19 pandemic.
2 https://ec.europa.eu/transparency/documents-register/detail?ref=C(2022)2050⟨=en
(available on 5 April 2022).
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