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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)

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) who is asymptomatic and whose entry in the country is justified under a special request.

13¹. Crossing of the state border for the purpose of entering Estonia is allowed for persons referred to in clauses 12³ (work or studies), 12⁵ (family member) and 13 (by way of an exception) 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, 16.07.2021, 3 – entry into force 19.07.2021]

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. 24 of 27 January 2022

For the protection of the life and health of people and overriding public interest, including 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.

On the basis of the Orders that take effect on 1 February 2022 a person may participate in controlled activities or cross the state border if no more than 270 days have passed since their vaccination. This amendment arose from the delegated act, adopted by the European Commission on 21 December 2021 under the EU Digital COVID Certificate regulation No. 2021/9531, establishing a standard acceptance period of vaccination certificates (270 days), starting from the completion of the primary vaccination series. Vaccination series have been completed after two doses of the Pfizer/BioNTech vaccine Comirnaty or two doses of the AstraZeneca vaccine Vaxzevria or two doses of the Moderna COVID-19 vaccine Spikevax or one dose of the Janssen COVID-19 vaccine.

Adults have the chance to get a booster dose before the expiry of the 270 days and thereby get a new certificate. The set term of validity is based on the guidance of the European Centre for Disease Prevention andControl¹ regarding the administration of booster doses as of six months after completion of the primary vaccination series.

As per 24 January 2022 the European Medicines Agency,the Health Security Committee and the European Centre for Disease Prevention and Control have made no decisions regarding the administration of booster doses to minors. Therefore, this amendment to the Order seeks to extend the validity of the vaccination certificates of minors from 270 days to 15 months (455 days). Should any new decisions or recommendations be made, the term of validity of the certificate as amended by this Order will be reviewed.

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.ecdc.europa.eu/sites/default/files/documents/Implications-emergence-spread-SARS-CoV-2%20B.1.1.529-variant-concern-Omicron-for-the-EU-EEA-Nov2021.pdf