On the basis of subsection 3 of § 27 of the Communicable Diseases Prevention and Control Act and considering the provisions of clauses 1 and 2 of subsection 1 of § 27 thereof and on the basis of clauses 1 through 3 and 5 of subsection 2 of § 28 and subsections 3, 5 and 6 of § 28 of the Communicable Diseases Prevention and Control Act and considering subsection 8 of the same section and subsection 1 of § 452 thereof and on the basis of clause 1 of subsection 1 of § 17 of the State Borders Act and subsections 2 and 3 of § 3 of Government of the Republic Regulation No 54 ‘Conditions of and Procedure for Involvement of Law Enforcement Agency in Performance of Functions of Health Board’ of 27 May 2021:
Part I
Measures and Restrictions Pertaining to Crossing of State Border
1. A
person who has crossed the state border for the purpose of entering Estonia must
remain in their place of residence or permanent place of stay for
10 calendar days after arrival in Estonia.
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 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
did not test 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 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;
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 will be the one that counts.
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 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 SARS-CoV-2 test, 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) the person has arrived in
Estonia from a third country referred to in sub-clause 3) of clause 2
and 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 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;
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 SARS-CoV-2 test, the results
of which came back negative, or 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 tests the person with a SARS-CoV-2 test promptly after arrival in
Estonia and the result of that test is negative. 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 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
a physician has declared the person not to be contagious.
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
services indispensable for responding to a health emergency related to COVID-19;
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;
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;
12) 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 SARS-CoV-2
test 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;
13) 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;
14) 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;
15) 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 will be the one that counts. The Ministry of Foreign Affairs publishes
information on the morbidity rates by country on its website;
16) 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 SARS-CoV-2 testing, 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 will 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);
17) 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 will 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;
18) 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 will 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);
19) [repealed – RT III, 10.09.2021, 1 – entry into force 15.09.2021]
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, 24.09.2021, 1 – entry into force 27.09.2021]
21) who are persons up to 18 years of age and who, within 10 calendar
days after arrival in Estonia, take part in provision of childcare services
or in schooling and education activities and youth work or hobby education and
hobby activities carried out in a pre-school child care institution or a general
education school or a vocational educational institution where the only participants
are the same people who take part in schooling and education activities within
the childcare services or in the pre-school child care institution or general
education school or vocational educational institution. The release from self-isolation
provided for in this sub-clause only applies in relation to participation in
said activities and going to said venues and in the case the relevant person
takes a SARS-CoV-2 RT-PCR test on the third day after arrival in Estonia and
said test is negative. The provisions of this sub-clause also apply to persons
who attain the age of 19 years during the academic year 2021/2022.
[RT III, 24.09.2021, 3 – entry into force 27.09.2021]
5. The
10-calendar-day requirement to remain in one’s place of residence or permanent
place of stay and the requirements for being tested for the coronavirus
SARS-CoV-2 causing COVID-19, as referred to in this Order, are not applied if a
person:
1) [repealed – RT III, 24.09.2021, 1 – entry into force 27.09.2021]
2) has recovered 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;
3) 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 the last dose of
vaccine;
31) 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, 3 – entry
into force 18.10.2021]
4) 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 the last
dose of vaccine, 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 (hereinafter person considered equal to a
vaccinated person). 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 2) applicable to recovered persons;
5) is a person directly
involved in an activity according to and on the conditions provided for in
clause 12. The Health Board will establish necessary restrictions on the
freedom of movement of the persons referred to in said clause.
[RT III, 10.09.2021, 1 –
entry into force 15.09.2021]
The requirements for testing for the coronavirus
SARS-CoV-2 are also not applied if vaccinating and testing a person are not
possible by a decision of a physician, considering the person’s state of
health, or if the person is under 12 years of age,
except in the event provided for in sub-clause 21) of clause 4.
[RT III, 24.09.2021, 1 – entry into force 27.09.2021]
6. The
time when the full protection referred to in sub-clauses 3) and 4) of 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 must 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, 10.09.2021, 1 –
entry into force 15.09.2021]
Part II
National Measures and Restrictions
7. In
public indoor spaces, persons may be and move around together while practising
physical distancing. This restriction does not apply to families and in cases
when said requirements cannot be reasonably ensured. For the purposes of this
Order, public indoor space means a space that has been given to the disposal of
unspecified people or that is at the disposal of unspecified people or in which
unspecified people are allowed to be; among other things, public transport
vehicles are also public indoor space.
8. In
public indoor spaces people are required to wear a protective mask or cover
their mouth and nose. 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 valid
reasons. This restriction does also not apply if in the event set out in
clause 10 compliance with the requirements provided for in Part III
(hereinafter requirements provided for in Part III) or compliance
with the requirements of sub-clause 4) of clause 14 is ensured.
[RT III, 10.09.2021, 1 –
entry into force 15.09.2021]
9. The
availability of disinfectants and compliance with the disinfection requirements
according to instructions from the Health Board must be ensured in public
indoor spaces.
10. For
the purpose of preventing the spread of the coronavirus SARS-CoV-2 causing
COVID-19, the following measures and restrictions apply to the activities set
out in this clause:
1) engaging in sports,
training, youth work, hobby activities, hobby education and refresher training
are allowed if the requirements provided for in Part III and in indoor
settings additionally the requirements provided for in clauses 7 and 9 are
met. The requirements provided for in Part III do not apply to activities
of disabled persons or to activities related to the military defence or
internal security of the state if the requirements provided for in
clauses 7 through 9 are met in indoor settings;
2) sports competitions and
sports and exercise events are allowed if the requirements provided for in
Part III and in indoor settings additionally the requirements provided for
in clauses 7 and 9 are met. The requirements provided for in Part III
do not apply to the activities referred to in this sub-clause if they take
place in outdoor settings in an unconfined territory. The requirements provided
for in Part III do also not apply to activities of disabled persons or to
activities related to the military defence or internal security of the state if
the requirements provided for in clauses 7 through 9 are met in indoor
settings;
3) people may be and move
around in public saunas, spas, swimming pools and water parks if the
requirements provided for in Part III and in indoor settings additionally
the requirements provided for in clauses 7 and 9 are met;
4) public meetings, public
events, conferences, theatre performances, concerts and film screenings and
provision of entertainment services are allowed if the requirements provided
for in Part III and in indoor settings additionally the requirements
provided for in clauses 7 and 9 are met. The requirements provided for in
Part III do not apply to the activities referred to in this sub-clause if
they take place in outdoor settings in an unconfined territory, or to public
meetings that are held in indoor settings if it is ensured that the total
number of attendees is no higher than 50 people and the requirements
provided for in clauses 7 through 9 are met;
5) 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 7
through 9 are met. The restrictions on occupancy and the number of people as
well as the restriction provided for in clause 8 do not apply in indoor
settings if the requirements provided for in Part III are met. In outdoor
settings, in a confined territory, 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, unless the requirements provided for in
Part III are met;
6) people may be and move
around in museums and exhibition facilities if the requirements provided for in
Part III and in indoor settings additionally the requirements provided for
in clauses 7 and 9 are met;
7) customers may be and move
around in catering establishments’ sales or service area if the requirements
provided for in Part III and in indoor settings additionally the
requirements provided for in clauses 7 and 9 are met, except for when
customers are and move around in catering establishments’ sales or service area
for the purpose of takeaway or provision of delivery or transport services or
on board of passenger ferries used for domestic carriage of passengers or if
catering service is provided in connection with a funeral that is not public
and in indoor settings the requirements provided for in clauses 7 through
9 are met. The restriction on stay and movement set out in this sub-clause,
except for the requirements provided for in clauses 7 through 9, does not
apply to catering establishments’ sales or seating area located inside the
security restricted area of an international airport, catering establishments’
sales or seating area located beyond the boarding gates in the waiting area of
a passenger terminal of an international port, catering establishments’ sales
or service area located on board vessels servicing international routes, and on
board of aircraft used for international carriage of passengers;
[RT III, 10.09.2021, 1 –
entry into force 15.09.2021]
8) 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 the
requirements provided for in clauses 7 through 9 are met.
11. The
restrictions and measures provided for in clause 10 apply to persons
carrying out activities and to the location of their permanent economic activity.
The restrictions and measures set out in this Order also apply solely in the
areas referred to in clause 10 in the course of performance of public law
functions in the performance of duties prescribed by law, an international
agreement or directly applicable legislation issued by the Council of the
European Union or the European Commission, except for social services organised
by state or local authorities. The restrictions and measures provided for in
clause 10 do not apply to the activities of natural persons if the
activities are aimed at specified people and the activities are not related to
earning a profit.
12. The
Government of the Republic may grant special permission for organising
activities on conditions different from those provided by this Order where:
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 COVID-19.
On the basis of sub-clause 5) of clause 5 the Health
Board will establish necessary restrictions on the freedom of movement of the
persons referred to in this clause.
[RT III, 10.09.2021, 1 –
entry into force 15.09.2021]
Part III
Restrictions and Measures Pertaining to Organisation of Controlled
Activities
13. Person
responsible for activities may carry out activities referred to in
clause 10 with the participation of no more than 6000 people in
indoor settings and no more than 12,000 people in outdoor settings per
calendar day. Activities are allowed if compliance with other relevant
requirements provided for in clause 10 and with the requirements for
persons responsible for activities or persons participating in activities as
provided for in clauses 14 through 17 is ensured.
14. A
person may participate in activities on the conditions provided for in
clause 13 if at least one of the following conditions is met:
1) the person is under
18 years of age;
2) vaccinating and testing
the person are not possible by a decision of a physician, considering the
person’s state of health, and the person produces a certificate to that effect
before participating in activities;
[RT III, 10.09.2021, 1 –
entry into force 15.09.2021]
3) on the conditions
provided for in clause 5, the person has recovered from COVID-19 or has
been vaccinated, including with an additional dose of vaccine, or is a person
considered equal to vaccinated persons and the person produces a certificate
evidencing those facts before participating in activities;
[RT III, 15.10.2021, 3 – entry into force
18.10.2021]
4) the person is a person
involved in the activities whose employer has set out in its working
environment risk assessment and has applied risk management measures for a
specific place of business and said person has complied with these
requirements;
5) the person is a person
responsible for activities or the latter’s representative or a person involved
in emergency work.
15. In
addition to the grounds provided for in clause 14 a person may participate
in activities if they produce a certificate proving the taking of a SARS-CoV-2
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 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 activities.
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 at the venue. Said test must give a negative result in order
to allow participation in the activities. The requirements set out in this
clause are also met where a person has taken, at the location of a general
pharmacy authorisation holder, a SARS-CoV-2 antigen RTD test intended for
self-testing according to guidelines issued by the Health Board, which must
produce a negative result and which has to be taken up to 48 hours before
participation in activities.
16. Before
a person participates in activities the person responsible for activities is
required to verify the circumstances provided for in clause 14 or 15,
including the authenticity and validity of the certificate or test. If there is
reasonable doubt, the person responsible for activities is required to
establish the identity of the person producing the certificate or test.
17. The
person responsible for activities is prohibited from retaining any personal
data, 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.
Part IV
Implementing Provisions
18. Supervision
over the requirements imposed by this Order is exercised by the Health Board,
involving another law enforcement agency by way of professional assistance or
in another manner provided by law, where necessary.
19. The
measures and restrictions established by this Order apply until the date
specified in this Order or until this Order is changed or repealed under
clause 4 of subsection 1 and clause 3 of subsection 2 of
§ 53 and clause 1 of subsection 2 of § 66 of the
Administrative Procedure Act and the need for these measures and restrictions
will be reviewed no later than after every two weeks.
20.–23. [Omitted
from this text.]
24. This
Order takes effect on 26 August 2021.
25. This
Order is to 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,
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.
This
Order imposes measures and restrictions for preventing and stopping the spread
of COVID-19 caused by the coronavirus SARS-CoV-2, which serve the purpose of
reducing contact between people and preventing the spread of the virus.
This
Order introduces the following fundamental changes compared to the measures and
restrictions in force thus far:
According
to the Order, as of 26 August 2021 the requirement to wear a mask will
extend to all public indoor spaces where COVID-19 certificates are not checked.
A mask will have to be worn in trade and provision of services, for instance at
the bank, post office or hairdresser’s or upon the provision of services
related to telecommunications. Likewise, a mask will have to be worn when
getting takeaway at a food establishment.
Moreover,
in public spaces where people need to prove their COVID-19 safety, the
provision of a COVID-19 certificate will have to be required of all customers
or participants regardless of the number of people. The Order sets out
exceptions as to people who need not present a COVID-19 certificate, such as
children under 18 years of age. This means that a COVID-19 certificate
must be presented when engaging in sports, training, youth work, hobby
activities and hobby education, refresher training; at sports competitions and
sports and exercise events; at saunas, spas, water parks and swimming pools; at
public meetings and events, including theatre, film screenings, concerts,
conferences; at museums and exhibition facilities; for entertainment services;
and when having a meal or a drink at the premises of a food establishment.
COVID-19
certificates need not be checked at outdoor events where the territory is not
confined.
COVID-19 certificates
need not be produced at shopping centres or stores. Also, people need not prove
that they are not infectious when getting takeaway at a restaurant or a café.
However, as mentioned above, a mask will have to be worn at said places or in
said cases.
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 19 August
2021 45.57% 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 19 August 2021, the ratio of positive tests
from the last 14 days to 100,000 inhabitants was 278.41 and the
average rate of positive tests from the last 7 days was 277.
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.
The
Order is imposed in consideration of the Estonian level of vaccination for
COVID-193 and
its planned progress in the coming weeks. As per 19 August 2021, 70.07% of
people 60 years of age and older are covered by vaccination.
605,586 people (45.57% of the population) have completed their vaccination
series.
14-day
morbidity per 100,000 population is high in Estonia and the growth rate of
new cases is on the rise. Figures concerning hospital capacity and the health
care system are moderate. When changing the restrictions and measures the risk
of infection must be assessed as high, which makes it justified to continue
with all the current restrictions and measures and to impose additional
restrictions compared to the current restrictions and measures.
The Delta
mutation of the coronavirus has been the dominant one in Estonia as of
week 26 (percentage: 33% in week 25, 67% in week 26, 92% in
week 28 and 95% in week 29, 94% in week 30 and 98% in
week 32).
During
week 32, a total of 1942 new cases were registered. Compared to
week 31, the number of new cases was 31.9% higher. During week 32, a
total of 39,715 tests were analysed (2993 tests per
100,000 population), which is 35.4% more than in week 31. Out of all
the tests 4.9% produced a positive result (5.0% in week 31).
The
highest percentage of positive tests can be seen in Jõgeva County (11.0%),
Põlva County (11.0%), Valga County (10.4%) and Võru County (10.2%). According
to the genotyping data from week 32 the percentage of the Delta variant is
98%. In addition, in week 32 sequencing identified two people infected
with the Gamma variant and two with the Alpha variant. In both cases one
identified case had been imported. In Estonia, the Delta variant is spreading
persistently within the country.
20,281 people
who filled in the traveller’s questionnaire arrived in Estonia in week 32
(19,266 in week 31):
From Latvia – 3196 people (2695 in week 31), from
Russia – 2400 people (1660 in week 31), from Germany –
1713 people (2012 in week 31), from Italy – 1256 people
(1279 in week 31), from Turkey – 1214 people (1395 in
week 31). Imported cases recorded in week 32 amounted to 130,
accounting for 6.7% of the total number of cases and 7.1% of cases for which
information about the location of contracting the infection is available. The
imported cases of week 32 are related to travelling in 24 countries.
The majority of cases are related to travelling to Turkey, Finland and Russia.
The
infection coefficient is 1.2 across Estonia (last week 1.2); it has remained on
the same level compared to week 31. Compared to the status on
9 August 2021 the infection coefficient has significantly increased in the
eastern region (1,1 → 1,35) because the number of cases has
increased by 43% against the background of low number of infected people. The
southern region’s infection coefficient has not changed (R=1.3).
14-day
morbidity has grown higher in all counties except for Ida-Viru County where it
has slightly fallen. The highest growth can be seen in Valga County (139.4%),
Jõgeva County (136.8%) and Saare County (90.9%). The regions with the highest
infection rates are Võru County (477.2/100,000 population), Põlva County
(446.3/100,000 population), Pärnu County (385.2/100,000 population),
Tartu County (341.8/100,000 population), Jõgeva County
(316.4/100,000 population) and Rapla County (303.5/100,000 population).
The age group becoming infected has shifted from young adults to middle-aged
and older people and the infection has mostly spread within family (36%).
Considering the present level of the infection coefficient the Health Board
estimates about20% increase in the number of infected people in
week 33, meaningabout 2300 infected people a week and 300 to
400 infected people a day.
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 as 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 measures
and restrictions 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 measures and restrictions 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 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 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
3 Estonia
considers the recommended level of vaccination against COVID-19 to be 70% of
the population. Should new strains of the virus that spread faster or are
resistant to vaccines emerge, said required percentage may prove higher.
https://www.terviseamet.ee/et/koroonaviirus/koroonakaart.
_________________________
Reasons for the amendments
made by the Government of the Republic Order No. 361 of 15 October
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, 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, general 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), (3),
(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.
This Order introduces sub-clause 31) into
clause 5, adding to the list of exceptions based on which a person is
released from the 10-calendar-day requirement to remain in one’s place of
residence or permanent place of stay and from the requirements for being tested
for SARS-CoV-2 if they have received an additional dose of COVID-19 vaccine.
Up until now, being vaccinated provided release from the
10-calendar-day requirement to remain in one’s place of residence or permanent
place of stay and from the testing requirements for people who had completed
their vaccination series for COVID-19, had developed full protection after the
last dose of vaccine and no more than one year had passed since the last dose
of vaccine. Also for people who had been given one dose of vaccine after
recovering from COVID-19 and had developed full protection after the dose of
vaccine and no more than one year had passed since the last dose of vaccine.
Administering additional doses of COVID-19 vaccine makes it
necessary to specify the current regulation by also, on bases similar to those
applicable to persons who have completed their vaccination series, setting out
release and exceptions to testing for persons who have received additional
doses of COVID-19 vaccine.
Additional doses of COVID-19 vaccine mean a dose of COVID-19
vaccine (extra dose or booster shot) administered after the completion of the
initial vaccination series. People with severe immunodeficiency who do not
develop adequate protection with two doses (or with one dose of the Janssen
vaccine) will need an extra dose to complete the vaccination series. People who
have completed their vaccination series and whose immunity has waned over time
may require a booster shot after the passing of some time.
From now on, release from the 10-calendar-day requirement to
remain in one’s place of residence or permanent place of stay and from the
testing requirements will also apply to people who have received an additional
dose of COVID-19 vaccine because people who have received an additional dose of
vaccine will have longer immunity.
This Order sets out that a person will not be subject to the
10-calendar-day requirement to remain in one’s place of residence or permanent
place of stay or to the requirements for testing for SARS-CoV-2 if the person
has completed their vaccination series for COVID-19, has developed full
protection and has received an additional dose and no more than one year has
passed since the additional dose of vaccine. A person who receives an
additional dose must generate a new certificate.
Based on the above amendment, sub-clause 3) of clause 14
of the Order is also specified to include persons who have received an
additional dose of vaccine among vaccinated people.
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 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 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.
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