Issuer: Vabariigi Valitsus
Type: korraldus
In force from: 22.05.2021
In force until: 31.05.2021
Publication notation: RT V, 25.05.2021, 1

Imposition of quarantine on persons diagnosed with the COVID-19 disease caused by the coronavirus SARS-CoV-2 and on persons living with or permanently staying in the same place of residence as them and on persons who have otherwise had close contact with a person diagnosed with the disease

Passed 30.01.2021 No. 47
RT III, 30.01.2021, 3
Entry into force 01.02.2021

Amended by the following acts
Passed - Published - Entry into force
20.05.2021 - RT III, 21.05.2021, 7 - 22.05.2021

Under § 27 (3) and the preamble of § 28 (2) and § 28 (6) of the Communicable Diseases Prevention and Control Act and considering the provisions of § 27 (1) 1) and 2) and § 27 (6) and § 28 (8) of the same, requirements for quarantine for the purpose of avoiding and preventing the coronavirus SARS-CoV-2 causing COVID-19 from spreading outside the focus of the disease are imposed as follows:

1. Persons

diagnosed with COVID-19 (hereinafter infected person) are prohibited

from leaving their place of residence or permanent place of stay from the time

they were diagnosed until their recovery. A place of residence or a permanent

place of stay also means places where shelter services and safe house services

are provided. Whether a person has made a recovery is decided by a physician.





2. The

restriction set out in clause 1 does not apply when an infected 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, or when a health care professional

refers them to receive health services, or in the event of an emergency that

puts their life or health at risk.





3. A

person who is living with or permanently staying in the same place of stay as

an infected person or who has otherwise had close contact with an infected

person (hereinafter close contact) is prohibited from leaving their

place of residence or permanent place of stay during a period of

10 calendar days after becoming aware of the COVID-19 diagnosis of the

infected person. For a person who is living with or permanently staying in the

same place of stay as an infected person the 10-calendar-day period starts from

the onset of the infected person’s symptoms or, if the infected person exhibits

no symptoms, from the day the infected person took the positive test for

SARS-CoV-2. For a person who has otherwise had contact with an infected person

the 10-calendar-day period starts from last close contact with the infected

person.





4. The restriction set out in clause 3 does not apply if the 

 close contact is showing no symptoms of COVID-19, they carefully monitor their 

 health, comply with measures imposed by the Government of the Republic or the 

 Health Board for preventing the possible spread of the communicable disease 

 and take all other possible measures for preventing the spread of the communicable 

 disease and the following circumstances occur:


 1) the close contact 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 close contact leaves their place of residence or permanent place 

 of stay when a health care professional refers them to receive health services 

 or in the event of an emergency that puts their life or health at risk;


 3) the close contact is a health care professionalwho is performing urgent 

 duties by a decision of their employer;


 4) the close contact is a person who is performing urgent duties by a decision 

 of their employer and with advice from the Health Board and without whom the 

 performance of a task of a state or local authority would be impossible or highly 

 complicated;


 5) if the person referred to in sub-clause 4) is a person ensuring 

 the continuity of a vital service, they may perform urgent duties only by a 

 decision of their employer and on the latter’s proposal justified in writing 

 and with the approval of an authority or local authority referred to in § 36 

 of the Emergency Act and with advice from the Health Board;


 6) the close contact is getting the everyday essentials near their place 

 of residence or place of stay because it is otherwise impossible;


 7) any and all contact between the close contact and an infected person 

 who is living in the same place of residence or staying in the same place of 

 stay is excluded;


 8) the close contact is outdoors and completely avoids contact with other 

 persons;


 9) a person has arrived in Estonia because of the European Golden League 

 - Men volleyball tournament, the person is tested according to instructions 

 from the Health Board and the European Volleyball Confederation’s “CEV hygiene 

 guidelines volleyball specifications” of 11 December 2020, the person was 

 tested for the coronavirus SARS-CoV-2 causing COVID-19 up to 72 hours before 

 arrival in Estonia and promptly after arrival in Estonia and is tested on each 

 day in Estonia and the results of those tests have been and are negative and 

 the person complies with the prohibition to leave their place of residence or 

 place of stay, except for training, competing, arriving in the country or leaving 

 the country. Said requirements also extend to the members of the Estonian delegation 

 who shall be tested one day before the start of the tournament and thereafter 

 on each day of the tournament.


 [RT III, 21.05.2021, 7 – entry into force 22.05.2021]





5. The

provisions of clauses 3 and 4 do not apply to close contacts who have

suffered from COVID-19 and who have been declared healthy by a physician and no

more than six months have passed since they were declared healthy

(hereinafter recovered person), or to close contacts who have been

vaccinated against COVID-19 and no more than six months have passed since the

day of last vaccination (hereinafter vaccinated person), provided

that, during the 10-calendar-day period referred to in clause 3, the close

contacts:
1) wear a protective mask or cover their mouth

and nose (hereinafter mask) in indoor premises where they come into

contact with persons with whom they are not permanently staying in the same

place of residence or place of stay. A mask need not be worn by children under

12 years of age and in cases when wearing a mask is not possible for

health reasons, due to the nature of work or other activities or for other

significant reasons;
2) they carefully monitor

their health, they show no symptoms of the disease and they comply with

measures imposed by the Government of the Republic or the Health Board for

preventing the possible spread of the communicable disease and take all

possible measures for preventing the spread of the communicable disease.





6. Supervision

over the requirements imposed by this Order is exercised by the Health Board,

involving the Police and Border Guard Board by way of professional assistance,

where necessary.





7. This

Order shall be published in the official gazette Riigi Teataja and in the mass

media.





8. This

Order takes effect on 2 February 2021 and remains in effect up to and

including 31 May 2021.





For the

protection of the life and health of people and overriding public interest,

this Order imposes quarantine requirements for preventing the spread of the

coronavirus SARS-CoV-2 causing COVID-19.





Government

of the Republic Order No. 455 “Imposition of quarantine on persons

diagnosed with the COVID-19 disease caused by the coronavirus SARS-CoV-2 and on

persons living with or permanently staying in the same place of residence as

them and on persons who have otherwise had close contact with a person

diagnosed with the disease” of 17 December 2020 is in effect from 1 January

2021 through 1 February 2021. This Order hereby extends the current

requirements and imposes the same restrictions for another period as of

2 February 2021.





Quarantine

has been applied since the emergency situation from 26 March 2020. After

the end of the emergency situation the Government of the Republic imposed a

quarantine on persons diagnosed with COVID-19 and on persons close to them from

18 May 2020 until 1 July 2020. Government of the Republic Order

No. 257 “Imposition of quarantine on persons diagnosed with the COVID-19

disease caused by the coronavirus SARS-CoV-2 and on persons living with or

permanently staying in the same place of residence as them and on persons who

have otherwise had close contact with a person diagnosed with the disease” of

16 July 2020 was in effect from 16 July 2020 through

30 September 2020.

Government of the Republic Order No. 336 “Imposition of quarantine on

persons diagnosed with the COVID-19 disease caused by the coronavirus

SARS-CoV-2 and on persons living with or permanently staying in the same place

of residence as them and on persons who have otherwise had close contact with a

person diagnosed with the disease” of 29 September 2020 was in effect from

1 October 2020 through 31 December 2020.





Under

§ 27 (5) of the Communicable Diseases Prevention and Control Act,

quarantine shall be terminated after the spread of the communicable disease has

been prevented, the requirements for the control of the communicable disease

have been fulfilled and the focus of the disease has been rendered harmless. As

the virus is highly contagious the Science Council advising the Government of

the Republic has recommended permanently imposing the quarantine requirement on

persons suffering from the disease and on persons who have had close contact

with them for the purpose of preventing the spread of the infection. Therefore

the Government of the Republic has sought to keep the quarantine requirements

in effect. Considering the number of persons infected, the rate at which the

disease spreads, the possible serious nature of the disease and the fact that

first COVID-19 vaccines have only recently been granted a marketing

authorisation in the European Union and vaccination against COVID-19 has also

started in Estonia but there is still no disease-specific effective treatment,

it is necessary to extend the restrictions. On 26 January 2021,

357 new tests came back positive in 24 hours. According to the

population register the most new positive tests were recorded in Harju County

and Ida-Viru County where 201 and 46 persons, respectively, were diagnosed

with the coronavirus (the morbidity rate per 100,000 inhabitants is 586.6

and 867, respectively). The Estonian morbidity rate per

100,000 inhabitants for the past 14 days is 541.62. 409 people

have been hospitalised, 41 of them are in intensive care and 21 of

the latter are on mechanical ventilation. For the past 14 days, infected

persons were recorded in all counties. If no restrictions are applied, the

infection rate may rise further.





Under

§ 34 of the Constitution of the Republic of Estonia (hereinafter 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

freedom of movement may be circumscribed in the cases and pursuant to a

procedure which is provided by law to protect the rights and freedoms of

others, in the interests of national defence, in the case of a natural disaster

or a catastrophe, to prevent the spread of an infectious disease, to protect

the natural environment, to ensure that a minor or a person of unsound mind

does not remain unsupervised, or to ensure the proper conduct of a criminal

case. Under § 27 (3) of the Communicable Diseases Prevention and Control

Act, if the establishment of quarantine is accompanied with a significant

effect on the society or economy, the quarantine shall be established by an

order of the Government of the Republic. The purpose of the quarantine imposed

by this Order is to prevent and stop the further spread of COVID-19 caused by

the coronavirus SARS-CoV-2.





Under

§ 2 (2) of the Communicable Diseases Prevention and Control Act,

COVID-19 corresponds to the signs of a dangerous novel 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 and

currently there is also no effective treatment for COVID-19 and explosive

intensification of the spread of the disease may result in a situation where

the number of patients who need to be hospitalised exceeds the hospital

treatment capacity. The quarantine is necessary for the protection of the life

and health of people and overriding public interest in order to prevent and

stop the spread of the virus causing COVID-19. The quarantine imposed by this

Order is necessary because the spread of the infection has noticeably increased

over the past two months – when on 20 November 2020 the cumulative

morbidity per 100,000 inhabitants for the past 14 days was 253.5,

then on 26 January 2021 the relevant coefficient was 541.62. To get

focuses of the infection under control and slow the spread of the disease down

isolating persons suffering from the disease and persons close to them from

others is an effective measure.





Quarantine

is imposed on persons diagnosed with COVID-19 and on persons living with or

permanently staying in the same place of residence or place of stay as

diagnosed persons and on persons who have otherwise had close contact with a

person suffering from the disease. This quarantine requirement is justified

because the virus spreads fast and may cause great damage to health and without

effective application of the restrictions the slightest focus of the disease

may lead to extensive spread of the disease and weigh heavily on the healthcare

system. Exceptions are made for asymptomatic persons in quarantine and in

justified cases they may leave home. Exceptions may be made for close contacts

provided they carefully monitor their health, comply with measures imposed by

the Government of the Republic or the Health Board for preventing the possible

spread of the communicable disease and take all possible measures for

preventing the spread of the communicable disease. So the freedom of movement of

asymptomatic persons is not excessively restricted.





There is

still little scientific research about the probability of recovered and

vaccinated persons becoming infected again and transmitting COVID-19 but

according to current knowledge the probability of recovered persons becoming

infected again within six months is low and therefore the quarantine

requirement should not be applied to them during said time. The relevant

exception is provided for in clause 5 of the Order.





Vaccination

against COVID-19 in Estonia started on 27 December 2020 using the

Comirnaty vaccine (Pfizer/BioNTech; according to data of 26 January 2021,

Estonia has received 49,140 doses). According to data of 26 January

2021, 1200 doses of the Moderna COVID-19 vaccines have been delivered to

Estonia. Both vaccines are mRNA vaccines and have similar mechanism of action.

On 26 January 2021, other vaccines had not been granted a marketing

authorisation in the European Union. On 26 January 2021, there were

27,180 persons in Estonia who had had at least one dose of vaccine and

3078 persons had been given all required doses.





The

Estonian Society for Infectious Diseases and the Science Council advising the

Government of the Republic recommend releasing people who have been given all

required doses of vaccine from the quarantine requirement.





This

recommendation is based on the following knowledge. Currently there is

information only about Pfizer/BioNTech and Moderna vaccines that have been

granted a marketing authorisation in the European Union. Both Pfizer/BioNTech

(Comirnaty) and Moderna (Moderna COVID-19 vaccine) vaccines are highly

effective and vaccination prevents the majority of symptomatic cases. There is

little information about whether the vaccine also prevents transmission

(asymptomatic infection) but this is primarily due to the fact that currently

we can rely on the results of third stage clinical trials that focus on the

effectiveness of the vaccine – prevention of the disease – and not on reducing

transmission.





However,

asymptomatic infection has been studied with Moderna vaccine. In the Moderna

vaccine trials the SARS-CoV-2 RNA from nasal swab was determined before the

second vaccine dose (on the 28th day). In mITT population (persons

who had received at least one dose of the vaccine) PCR positivity was found in

0.1% of the people in the vaccine group (N = 15) and 0.3% of the

people in the placebo group (N = 39). This leads to the conclusion that

the vaccine also reduces asymptomatic infection even after one dose. Yet it is

important to observe that all PCR positive cases counted irrespective of the

time of occurrence. Infections during the first 12 to 14 days is not

surprising because the formation of antibodies takes a couple of weeks (the

same applies to asymptomatic infection). There is no data on how much the

completion of the vaccination scheme (2 doses) reduces asymptomatic

infections but it is reasonable to guess that more than after one dose.





But until

it is absolutely certain that COVID-19 vaccines also protect against

transmission, it is necessary for close contacts to carefully monitor their

health, comply with measures imposed by the Government of the Republic and the

Health Board for preventing the possible spread of the communicable disease and

take all other possible measures for preventing the spread of the communicable

disease. It is as important for close contacts to wear a protective mask or

otherwise cover their nose and mouth indoors (for example, in public indoor

spaces, at work, in administrative agencies or educational institutions, and

sports and leisure facilities and so on) where they come into contact with

people with whom they do not share a place of residence, for the purpose of

preventing the potential spread of the virus (except in the special cases

referred to in the Order). The same principle also applies to recovered

persons. Therefore, for 10 calendar days, recovered and vaccinated persons

who are released from the restriction are still required to wear a mask or

other protective equipment in places specified in the Order. Said requirement

does not apply to children under 12 years of age and in cases when wearing

a mask is not possible for health reasons, due to the nature of work or other

activities or for other significant reasons.





Being aware

of the positive and negative factors involved in amending said Order, the

Health Board, the Estonian Society for Infectious Diseases and the Science

Council advising the Government of the Republic find that the resulting gain

outweighs any possible negative aspects. Currently marketed vaccines are

sufficiently effective and the presented efficacy data is reliable.





Imposing a

quarantine on infected persons and persons suspected of having been infected

ensures the protection of the health of persons in a risk group, including

persons suffering from chronic diseases, persons with a weak immune system and

the elderly. According to §§ 16 and 28 of the Constitution, the state

shall ensure the protection of the life and health of people but people

themselves also play an important role – they must look out for the health of

their family and colleagues as well as the weaker groups of society and the

public as a whole.





Since

§ 27 (3) of the Communicable Diseases Prevention and Control Act

requires that in the event of a quarantine the term of quarantine shall be set

out and a quarantine cannot be established without a term, it was planned upon

the issue of this Order that the Order will remain in effect through

31 May 2021.





Failure to

duly comply with measures for preventing the spread of the communicable disease

will prompt the application of the administrative coercive measures set out in

§ 28 (2) or (3) of the Law Enforcement Act. According to

§ 23 (4) of the Law Enforcement Act, the amount of penalty payment is

9600 euros. This penalty payment, which serves the purpose of enforcing

the requirements, measures and restrictions imposed by this Order and

preventing the spread of a communicable disease, 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.





 





Reasons for the amendments

made by the Government of the Republic Order No. 203 of 20 May 2021





This Order makes changes in

Government of the Republic Order No. 47 “Imposition of quarantine on

persons diagnosed with the COVID-19 disease caused by the coronavirus

SARS-CoV-2 and on persons living with or permanently staying in the same place

of residence as them and on persons who have otherwise had close contact with a

person diagnosed with the disease” of 30 January 2021 (hereinafter Order

No. 47).





According to Order No. 47, persons who have had close contact

with a person diagnosed with COVID-19 are subject to the requirement of quarantine

until 10 days have passed since the identification of close contact.





The Order introduces a new basis that allows members of Estonian,

Latvian, Spanish and Belgian delegations participating in the European Golden

League - Men volleyball tournament (from 28 to 30 May 2021) to continue

training and participating in matches in a situation where the test for the

coronavirus SARS-CoV-2 causing COVID-19 of one or several members of the same

delegation comes back positive. This change also allows members of a delegation

to continue training and participating in matches as a close contact if their

own test comes back negative, including repeat tests, and the persons remain in

competition isolation which means that they are allowed to leave their place of

residence or place of stay – their hotel – only for training, competing,

arriving in the country or leaving the country. These conditions are based on

the Health Board’s instructions and, among others, on the fact that the transport

of the delegations to the place they are staying, to the training and

competition venue and upon arrival in and departure from the country shall be

arranged in a manner that avoids any and all contact with other delegations and

persons. This change is related to a one-time tournament in Estonia.





Members of delegations arriving from abroad will be tested with a

PCR test up to 72 hours before arrival in Estonia, promptly after arrival

in Estonia and thereafter on each day spent in Estonia. Members of the Estonian

delegation will be tested one day before the start of the tournament and

thereafter until the end of the tournament. If a rapid antigen test is used and

it comes back positive, a PCR test shall be taken right away. If the PCR test

also comes back positive, it is followed by isolation and the Health Board’s

new risk assessment on the entire delegation.





The person who tested positive will be immediately quarantined on

a separate floor of the accommodation establishment. When being escorted to the

isolation room it shall be ensured that the person has no contact with others.

The person shall be re-tested at the first opportunity to rule out a possible

false positive result. If the repeat test comes back negative, the person shall

take a third test after 24 hours. If necessary, close contacts shall be

re-tested after a positive result according to recommendations from the Health

Board to determine whether there are other persons who may have contracted the

virus.





This exception carries a minimum risk to the spread of the virus

because the delegations will be in competition isolation in Estonia – they will

be allowed to leave the hotel only for training and matches twice a day.

Delegations will not be allowed any additional trips and this will be ensured

by a security company. The delegations will have no contact with other persons

during their stay in Estonia. The competition is organised in accordance with

the European Volleyball Confederation’s “CEV hygiene guidelines volleyball

specifications” of 11 December 2020 pursuant to which close contacts must

be limited by ensuring distancing in transport, meals, meetings and overnight

stays, as well as the restrictions established in Estonia for preventing the

spread of the virus.





For safety purposes, matches with the participation of close

contact teams will be held without spectators.





Said provision shall apply from the time this Order takes effect

until 31 May 2021, which is also the date of expiry of Order No. 47.





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.