Measures and Restrictions Necessary for Preventing Spread of COVID-19
Passed 23.08.2021 No. 305
RT III, 23.08.2021, 1
Entry into force 26.08.2021
Amended by the following legal instruments (show)
Passed | Published | Entry into force |
---|---|---|
09.09.2021 | RT III, 10.09.2021, 1 | 15.09.2021 |
24.09.2021 | RT III, 24.09.2021, 1 | 27.09.2021 |
24.09.2021 | RT III, 24.09.2021, 3 | 27.09.2021 |
15.10.2021 | RT III, 15.10.2021, 3 | 18.10.2021 |
21.10.2021 | RT III, 21.10.2021, 2 | 25.10.2021 |
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 if they take a SARS-CoV-2
RT-PCR test on the fourth day after arrival in Estonia and said test is negative,
and who within six days after finding out the results of said test take part
in schooling and education activities carried out in a general education school,
a vocational educational institution or a hobby school or in activities carried
out in a youth work agency. The release from self-isolation provided for in
this sub-clause only applies in relation to participation in said activities
and moving between said venues and one’s place of residence or permanent place
of stay. 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, 21.10.2021, 2 – entry into force 25.10.2021]
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 if the person responsible
for activities ensures 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.
[RT III,
21.10.2021, 2 – entry into force
25.10.2021]
8. In
public indoor spaces people are required to wear a protective mask. In the
event provided for in clause 10, the person responsible for activities is
required to ensure compliance with the requirement to wear a protective mask.
[RT III,
21.10.2021, 2 – entry into force 25.10.2021]
81. The provisions of clause 8 do not apply in the event:
1) the person is under 12 years of age;
2) wearing a protective mask is not possible for health
reasons and the person produces a certificate to that effect, issued by a
health care provider;
3) in the cases set out in clause 10 compliance
with the requirements provided for in Part III is ensured;
4) compliance with the conditions of sub-clause 4)
of clause 14 is ensured.
[RT III, 21.10.2021, 2 – entry into force 25.10.2021]
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 or to
refresher training and related examinations necessary for renewing a temporary
certificate in proof of acquisition of a qualification if the requirements
provided for in clauses 7 through 9 are met in indoor settings;
[RT III, 21.10.2021, 2 – entry into force 25.10.2021]
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.Furthermore, the requirements
provided for in Part III do not apply to persons whose champion’s league
club or sports federation has set out in its sports or training environment
risk assessment and has applied risk management measures for a specific venue
and said person has complied with these requirements;
[RT III, 21.10.2021, 2 – entry into force 25.10.2021]
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, 16 and 17 is ensured.
[RT III,
21.10.2021, 2 – entry into force
25.10.2021]
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 the
person is 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,
21.10.2021, 2 – entry into force
25.10.2021]
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. [Repealed – RT III, 21.10.2021, 2 – entry into force 25.10.2021]
16. Before
a person participates in activities the person responsible for activities is
required to verify the circumstances provided for in clause 14, including
the authenticity and validity of the certificate. If there is reasonable doubt,
the person responsible for activities is required to establish the identity of
the person producing the certificate.
[RT III,
21.10.2021, 2 – entry into force
25.10.2021]
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. 362 of 21 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, 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 other rights and freedoms that the state is also required to ensure. The state may circumscribe the rights and freedoms set out in the Constitution for legitimate reasons 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. The Constitution protects enterprise, free self-realisation, assembly, education and so on, but it allows setting restrictions if these have a legitimate reason and are necessary and just. The Order protects the life and health of people, the continuity of the state and the availability of medical care and this cannot be done without the restrictions referred to in the Order.
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. As a rule, 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.
Restrictions on the freedom of movement and various measures for preventing and stopping the spread of the coronavirus SARS-CoV-2 causing COVID-19 have been established by the Government of the Republic Order No. 305 ‘Measures and Restrictions Necessary for Preventing Spread of COVID-19’ of 23 August 2021 (hereinafter Order No. 305), which serve the purpose of reducing contact between people and preventing the spread of the virus.
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.
The risk level of the spread of the coronavirus is very high in Estonia. Morbidity is on the rise. The number of infected people continues to climb in the age groups of 5 to 9 and 10 to 14 years and among their parents aged 35 to 39 and 40 to 44 years. The highest growth was in the age groups of 80 years and older (62%), 70 to 74 years (54%) and 20 to 24 years (38%). This week hospitals received a guideline to limit scheduled treatment and deploy ambulances with fewer crew members. In week 42 the number of beds is escalated.
There is a national epidemic spread of COVID-19 in Estonia and compared to other European countries the epidemiological situation in Estonia is among the worst ones. In addition to high infection rates the vaccination coverage among Estonian residents is one of the lowest ones in Europe. The infection rates are expected to keep climbing over the coming weeks. This present week, on average about 1400 infected persons a day and 10,000 infected persons a week can be expected. Given the higher number of infected people the number of people needing to be hospitalised is also increasing.
Without applying any additional restrictions it can be expected that the number of people requiring hospital treatment will rise up to 450 in the coming days, up to 500 by the end of October and up to 600 by the middle of November (maximum capacity is estimated to 700). The people ending up in hospital are mostly those who have not been vaccinated. And the ones dying are also mainly people who have not received the vaccine. The Health Board recommends imposing stricter social measures to contain the spread of the virus. Imposition of additional measures for preventing the spread of the virus is also recommended by the Science Council as the advisory body to the Government of the Republic.
This Order introduces the following fundamental changes in Order No. 305:
Additional measures and restrictions are imposed on people who have not been vaccinated because in this target group there is a significantly higher probability of becoming infected and having to be hospitalised as a result. This is why the national restrictions that allow participation in activities based on a negative SARS-CoV-2 test are omitted from the Order. Clause 15 of the Order currently in force provides for an additional option to participate in activities based on a negative SARS-CoV-2 RT-PCR or antigen RTD test in addition to participation on the basis of one’s certificate of vaccination or recovery from COVID-19. Currently, testing is possible on site, at pharmacies or at health care providers’.
This Order however sets out that in future it will be possible to
participate in activities if a person meets at least one of the following
conditions:
1) the person is under 18 years of
age;
2) vaccinating the person is 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;
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;
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.
Other people will have no right to participate in activities in the future. This measure seeks the purpose of reducing the spread of the virus and its pressure on the workload of hospitals, especially in terms of people who have not been vaccinated and who account for the majority of those in need of treatment. People who have not been vaccinated have also occupied intensive care beds and the death rates are high among them. This change concerns, above all, people at least 18 years of age who are guaranteed the option to get vaccinated free of charge. People will be allowed to participate in activities only if they have completed their vaccination series and have developed full protection as provided by this Order.
Further changes are made to the requirements of physical distancing and wearing a protective mask – compliance with these requirements will be the responsibility of the person responsible for activities. This means that a person may participate in commercial activities, ride in public transport vehicles and go to public religious services or other religious rites only if they are wearing a protective mask and the person responsible for activities checks compliance with said requirement. Should the person responsible for activities not be able to ensure compliance with the requirement to wear a protective mask, the Health Board may initiate state supervision proceedings, issue a precept, impose a non-compliance levy or apply other measures, including issue a decision to close down the respective establishment.
Moreover, it is specified that from now on a protective mask is only deemed to be a medical mask or another type of protective mask that meets the relevant standards, and it will not be allowed to otherwise cover one’s mouth and nose. Additional exceptions as to other reasons are omitted. This means that if a person cannot wear a protective mask, they will have to produce a certificate to that effect, issued by a health care provider.
The restrictions imposed by this Order will remain in effect at least until 10 January 2022, unless the Government of the Republic decides otherwise.
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 falling seriously ill, avoiding overload of the medical system 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 restrictions and measures 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 restrictions and measures 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