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
[RT III, 12.06.2020, 2 - entry into force 12.06.2020]
Passed 16.05.2020 No. 169
RT III, 17.05.2020, 2
Entry into force 18.05.2020
Amended by the following legal instruments (show)
Passed | Published | Entry into force |
---|---|---|
21.05.2020 | RT III, 22.05.2020, 2 | 21.05.2020 |
28.05.2020 | RT III, 28.05.2020, 1 | 01.06.2020 |
12.06.2020 | RT III, 12.06.2020, 2 | 12.06.2020 |
06.07.2020 | RT III, 06.07.2020, 1 | 06.07.2020 |
28.08.2020 | RT III, 28.08.2020, 1 | 28.08.2020 |
11.09.2020 | RT III, 14.09.2020, 2 | 14.09.2020 |
19.02.2021 | RT III, 19.02.2021, 3 | 19.02.2021 |
17.06.2021 | RT III, 17.06.2021, 1 | 21.06.2021 |
07.07.2021 | RT III, 07.07.2021, 1 | 12.07.2021 |
15.07.2021 | RT III, 16.07.2021, 3 | 19.07.2021 |
23.08.2021 | RT III, 23.08.2021, 1 | 26.08.2021 |
15.10.2021 | RT III, 15.10.2021, 1 | 18.10.2021 |
16.12.2021 | RT III, 17.12.2021, 2 | 20.12.2021 |
23.12.2021 | RT III, 28.12.2021, 2 | 01.02.2022 |
27.01.2022 | RT III, 28.01.2022, 1 | 01.02.2022 |
01.03.2022 | RT III, 01.03.2022, 1 | 02.03.2022 |
Under § 17 (1) 1) of the State Borders Act and § 28 (2) 3) and § 28 (3) and (6) of the Communicable Diseases Prevention and Control Act:
[RT III, 07.07.2021, 1 - entry into force 12.07.2021]
1. In connection with the worldwide pandemic spread of the coronavirus SARS-CoV-2 causing COVID-19 and identification of the spread of the virus within Estonia and in order to prevent new mass infections, the crossing of the external border for the purpose of entering Estonia and, if the border control is temporarily reintroduced on the internal border, the crossing of the internal border are temporarily restricted.
2. Crossing of the state border for the purpose of entering Estonia is allowed for persons who have Estonian citizenship, Estonian residence permit or right of residence or whose permanent place of residence according to the population register is in Estonia.
3. Crossing of the state border for the purpose of entering
Estonia is allowed for foreigners who are asymptomatic and who are employees
of diplomatic missions or consular posts of foreign states in Estonia or their
family members or foreigners arriving in Estonia in the framework of international
military cooperation or members of a foreign delegation arriving in Estonia
for an official meeting on the invitation of a state or local authority.
[RT III,
28.08.2020, 1 – entry into force 28.08.2020]
4. Crossing of the state border for the purpose of entering Estonia is allowed for foreigners who are asymptomatic and who are directly involved in transporting goods and raw products, including loading of goods or raw products.
5. Crossing of the state border for the purpose of entering Estonia is allowed for foreigners who are asymptomatic and who are providing health services or other services necessary for responding to an emergency.
6. Crossing of the state border for the purpose of entering Estonia is allowed for foreigners who are asymptomatic and 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.
7. Crossing of the state border for the purpose of entering Estonia is allowed for foreigners who are asymptomatic and who are servicing travel groups and who are directly involved in the provision of passenger transport services.
8. Crossing of the state border for the purpose of entering Estonia is allowed for foreigners who are asymptomatic and whose purpose for arriving in Estonia is related to ensuring the continuity of a vital service.
9. Crossing of the state border for the purpose of entering Estonia is allowed for foreigners who are asymptomatic and whose arrival in Estonia is related to the maintenance or repair of or warranty or information and communication technology work on equipment of a company operating in Estonia if this is necessary for ensuring the operation of the company.
10. Crossing of the state border for the purpose of entering Estonia is allowed for foreigners for immediate transit through the territory of Estonia for reaching their country of residence, provided they are asymptomatic.
101. Crossing of the
state border for the purpose of entering Estonia is allowed for asymptomatic
nationals and residents and holders of a long-stay visa of the European Union,
the European Economic Area, the Swiss Confederation, the United Kingdom of
Great Britain and Northern Ireland or the Principality of Andorra, the
Principality of Monaco, the Republic of San Marino and the Vatican City State
(Holy See) and their asymptomatic family members.
[RT III, 06.07.2020, 1 – entry into force 06.07.2020]
11. [Repealed – RT III, 14.09.2020, 2 – entry into force 14.09.2020]
12. [Repealed – RT III, 14.09.2020, 2 – entry into force 14.09.2020]
121. Crossing of the state border for the
purpose of entering Estonia is allowed for persons who are asymptomatic and
who arrive in the Republic of Estonia from a Member State of the European Union
or a Schengen Member State or the United Kingdom of Great Britain and Northern
Ireland.
[RT III, 28.05.2020, 1 – entry into force 01.06.2020]
122. Crossing
of the state border for the purpose of entering Estonia is allowed for persons
who are asymptomatic and who arrive from a country not listed in clauses 101 and
121 but published on the website kriis.ee and who are said
country’s residents pursuant to the laws of said country.
[RT III, 17.12.2021, 2 – entry into force
20.12.2021]
123. Crossing
of the state border for the purpose of entering Estonia is allowed for persons
who are asymptomatic and who arrive from a third country not listed in
clause 122 for the purpose of work or for the purpose of
studies in an educational institution registered in Estonia.
[RT III, 06.07.2020, 1 – entry into force 06.07.2020]
124. The
provisions of clause 122 are not applied if the country
under whose laws the relevant person is deemed to be its resident or is deemed
to stay there legally does not permit mutual movement of persons with the
Republic of Estonia.
[RT III, 06.07.2020, 1 – entry into force 06.07.2020]
125. Crossing of the state border for the
purpose of entering Estonia is allowed for asymptomatic family members of a
person referred to in clause 123 if the person referred
to in clause 123 takes up employment in a start-up company,
as a top specialist or in a position in information and communication technology.
[RT III, 19.02.2021, 3 – entry into force
19.02.2021]
126. Crossing of the state border for the
purpose of entering Estonia is allowed for persons who are asymptomatic and
who arrive from a third country not listed in clause 122 and
who
1) have completed vaccination series for COVID-19, have developed full
protection after the last dose of vaccine and no more than 270 days have
passed since the last dose of vaccine;
[RT III, 28.12.2021, 2 – entry into force 01.02.2022]
2) have completed their vaccination series for COVID-19, have developed
full protection and after the completion of the series have received an additional
dose of vaccine and no more than one year has passed since the additional dose
of vaccine.
Crossing of the state border for the purpose of entering Estonia together with
a person referred to in this clause is allowed for persons under 18 years
of age who have not completed vaccination series or who have not received an
additional dose if the person referred to in this clause is the minor’s legal
representative or a person authorised to accompany the minor on the condition
that up to 72 hours before arrival in Estonia a health care provider tested
the minor 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, the results of
which came back negative. The requirements for testing for the coronavirus SARS-CoV-2
are not applied to persons under 12 years of age. The exception set out
in this clause for persons under 18 years of age is not applied to groups
of minors travelling together (for instance, sports and tourist groups);
[RT III, 15.10.2021, 1 – entry into force 18.10.2021]
3) is up to 18 years of age and has completed the vaccination series
for COVID-19, has developed full protection after the last dose of vaccine and
no more than one year and three months have passed since the last dose of vaccine.
[RT III, 28.01.2022, 1 – entry into force 01.02.2022]
127. The time when the full protection
referred to in clause 126 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]
13. By way of an exception, the Police and Border Guard
Board may allow the state border to be crossed for the purpose of entering Estonia
by a foreigner:
1) who
is asymptomatic and whose direct blood relative in the ascending or descending
line or spouse is an Estonian citizen or a person holding an Estonian residence
permit or right of residence;
2) whose
entry in the country is justified under a special request.
[RT III,
01.03.2022, 1 – entry into force
02.03.2022]
131. Crossing
of the state border for the purpose of entering Estonia is allowed for persons
referred to in clauses 123 (work or studies) and 125 (family
member) if up to 72 hours before arrival in Estonia a health care provider
tested the relevant person with a RT-PCR test for 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, the results of
which came back negative. The requirements for testing for the coronavirus
SARS-CoV-2 are not applied to persons under 12 years of age.
[RT III,
01.03.2022, 1 – entry into force
02.03.2022]
132. Crossing
of the state border for the purpose of entering Estonia is allowed for a
Ukrainian citizen and his or her direct blood relative in the ascending or
descending line or spouse.
[RT III, 01.03.2022, 1 – entry into force 02.03.2022]
14. [Repealed – RT III, 12.06.2020, 2 – entry into force 12.06.2020]
15. [Repealed – RT III, 12.06.2020, 2 – entry into force 12.06.2020]
151. [Repealed – RT III, 12.06.2020, 2 – entry into force 12.06.2020]
16. [Repealed – RT III, 12.06.2020, 2 – entry into force 12.06.2020]
17. [Omitted from this text.]
171. List of countries referred to in clause 122 along
with the information referred to in clause 124 is published
on the website kriis.ee.
[RT III, 17.12.2021, 2 – entry into force 20.12.2021]
18. This Order takes effect on 18 May 2020.
This Order is issued considering the fact that under § 2 2) of the Communicable Diseases Prevention and Control Act COVID-19 corresponds to the signs of a new dangerous communicable disease because COVID-19 is a disease with a high level of infectiousness which spreads rapidly and extensively and which may be serious or life‑threatening. There is also no effective treatment or it is not available and the spread of the disease may exceed the hospital treatment capacity.
For the protection of the life and health of people and overriding public interest, this Order establishes restrictions for preventing the spread of the coronavirus SARS-CoV-2 causing COVID-19. The reasons and considerations are set out in the explanatory memorandum to the Order, which will be published on the website of the Government of the Republic.
This Order can be appealed against by filing a challenge pursuant to the procedure provided by the Administrative Procedure Act within 30 days as of the day the relevant person became or should have become aware of the Order. This Order can also be appealed against by filing an action with the administrative court pursuant to the procedure provided for in the Code of Administrative Court Procedure within 30 days as of the day of announcement of this Order.
Reasons for the amendments made by the Government of the Republic Order No. 53 of 1 March 2022
An exception is added to Order No. 169 whereby the restrictions on the crossing of the state border established for preventing COVID-19 will not apply to a Ukrainian citizen and his or her direct blood relative in the ascending or descending line or spouse in connection with the massive armed conflict that started in the territory of Ukraine on 24 February 2022. Ukrainian citizens who hold a biometric passport can arrive in Estonia without a visa and Ukrainian citizens who do not hold a biometric passport can do so under another legal basis for stay (Schengen visa or general order No. 1.1-4.1/8 of the Director General of the Police and Border Guard Board of 24 February 2022 for entry in Estonia and temporary stay here, as appropriate). Consequently, Ukrainian citizens need no international protection for staying in Estonia. Considering the fact that Ukrainian citizens have the right to travel in the European Union without a visa, the Ukrainian citizens fleeing from the war zone should, when entering Estonia, meet the requirements for entry in the country as provided by Order No. 169. This order is issued for humanitarian considerations. Considering the situation in Ukraine it would not be proportionate to deny Ukrainian citizens who have reached the Estonian state border entry in Estonia if they can produce no certificate of completion of vaccination series for COVID-19 or a coronavirus SARS-CoV-2 test taken up to 72 hours earlier. This order has taken into account that a family member arriving in Estonia together with a Ukrainian citizen may not be a Ukrainian citizen. The purpose is to maintain family unity and to exclude situations where a child, parent or spouse of a Ukrainian citizen who has reached the Estonian state border would not be able to enter Estonia together with the Ukrainian citizen under the same conditions.
A person who arrives from Ukraine but does not meet the criteria set out in the provision can enter Estonia under a special request provided for in clause 13 of Order No. 169. In non-regulated cases the Police and Border Guard Board can exercise discretion and as to persons arriving from Ukraine take into account humanitarian considerations and the purpose of maintaining family unity even in a situation where kinship does not meet the provisions of the Order, for example in the event of live-in partners. For the purpose of maintaining family unity, the actual cohabitation of persons must therefore be taken into account when weighing whether or not to allow entry in Estonia.
Due to the exception made for humanitarian considerations it is also necessary to amend clauses 13 and 131 of Order No. 169 and to repeal the framework whereby the Police and Border Guard Board may allow, by way of an exception, the state border to be crossed only by persons who are asymptomatic and who have taken a negative SARS-CoV-2 test before entry in Estonia. In the crossing of the state border by persons fleeing from war, humanitarian considerations outweigh said precautions for preventing the coronavirus SARS-CoV-2 causing COVID-19. However, as a precaution, the requirement for isolation after crossing of the state border for persons who hold no COVID-19 certificate as arising from Government of the Republic Order No. 305 ‘Measures and Restrictions Necessary for Preventing Spread of COVID-19’ of 23 August 2021 will remain in effect.
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.