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Order of the person in charge of emergency situation for imposing additional restrictions on the freedom of movement and prohibition on stay in combating the spread of the coronavirus causing the COVID-19 disease in the rural municipalities of Saaremaa and Muhu

Passed 28.03.2020 No. 54

Due to the emergency situation declared by the Government of the Republic Order No. 76 “Declaration of an emergency situation in the administrative territory of the Republic of Estonia” of 12 March 2020, the person in charge of emergency situation decides to impose under § 31 (1) and (3) of the Emergency Act additional restrictions in the rural municipalities of Saaremaa and Muhu as follows:

1. A prohibition on stay is imposed in establishments providing services that require close contact and in other places where services are rendered. Services that require close contact as referred to in this clause are plastic surgery services, beauty and personal services and massage and other rehabilitation services as wellness services.
2. A prohibition on stay is imposed at the locations of all stores, markets, catering establishments (including restaurants, bars and cafés) and libraries.
3. This restriction does not cover e-commerce or the provision of other e-services and it does not apply to the following stores and services rendered, including those located in shopping centres:
1) grocery stores;
2) pharmacies;
3) eyeware stores;
4) parcel terminals;
5) post offices;
6) horticulture stores;
7) home improvement stores where instead of the sales area goods are sold and handed over through a service window;
8) bank offices;
9) points of sale of telecommunications companies;
10) stores where technical aids and medical devices are sold or rented on the basis of technical aid card or medical device card;
11) catering establishments (including restaurants, bars and cafés) where food is not consumed on site but only sold as takeaway.
4. The restrictions provided for in clauses 1 and 2 do not apply to the employees in and the owner or a representative of the owner of the area covered by the prohibition on stay.
5. A person residing or permanently or temporarily staying in Saaremaa Rural Municipality or Muhu Rural Municipality who has no symptoms of the virus causing the COVID-19 disease and who is not a person living with or permanently staying in the same place of residence as an infected person as referred to in sub-clause 2 of clause 1 of Order of the person in charge of emergency situation No. 52 of 26 March 2020 and who is closely monitoring their health and following the rule of keeping at least two metres of distance from other people (except for families), unless it is impossible considering the principle of reasonableness, may leave their place of residence or permanent place of stay for a short period of time to:
1) get the everyday essentials (including food, medicine) from places listed in clause 3 of this Order near their place of residence or place of stay because it is otherwise impossible;
2) go see a health care professional for medical reasons;
3) take a pet for a walk or to a veterinarian;
4) take their child to nursery school and bring their child home;
5) take a walk or exercise outside alone or together with their family;
6) move around on their property, do gardening, do forestry or agricultural work and go fishing;
7) go help the elderly, disabled people and others in need of assistance if personal protective equipment is used;
8) go to work if the person’s employer has not allowed or the nature of work does not enable telecommuting.
6. Under § 28 (1) of the Law Enforcement Act, a requirement to carry an identity document is imposed on all persons residing and temporarily staying in the territory of Saaremaa Rural Municipality and Muhu Rural Municipality.
7. I strongly urge undertakings and authorities performing public administration duties to allow their employees to telecommute.
8. Said measures shall apply until this Order is changed and the need for these measures shall be assessed no later than after every two weeks.
9. Under § 24 (2) of the Emergency Act, for responding to the emergency that led to the declaration of an emergency situation, the Police and Border Guard Board is assigned the duty of ensuring the application of and supervision over the restrictions on movement provided for in this Order.
10. Broadcasters shall publish the Order promptly in unaltered form and free of charge.
11. Clauses 1 through 4 and 7 through 10 take effect on 29 March 2020 and clauses 5 and 6 take effect on 30 March 2020.

Failure to duly comply with measures of emergency situation will prompt the application of the administrative coercive measures set out in § 28 (2) or (3) of the Law Enforcement Act. According to § 47 of the Emergency Act, the amount of penalty payment is 2000 euros. This penalty payment, which serves the purpose of enforcing the restriction on the freedom of movement and preventing the spread of the virus, may be imposed repeatedly.
Penalty payment is not a punishment.
This Order establishes specific measures for the protection of the life and health of people and overriding public interest, said measures being essential for preventing the spread of the virus. 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.