ESTONIA

Estonia: National Defence Committee discussed implementation of National Security Concept in national defence

NordenBladet — The National Defence Committee of the Riigikogu (Parliament of Estonia) got an overview of the implementation of the National Security Concept of Estonia in national defence from Prime Minister Jüri Ratas, and decided that in addition to solving national issues, it was also necessary to focus on military mobility and the level of defence spending.  

Chairman of the National Defence Committee Andres Metsoja said that the Committee had discussed the issues of national security of supply, and heard the representatives of the sector several times in its work. “It is clear that the emergency situations bring to the light challenges and problems, but they have to be faced,” Metsoja emphasised. He added that in connection with the National Defence Bill, the Committee had systematically focused on general crisis management. “The issue is in the levels of responsibility and in the support organisation,” Metsoja said. “In the case of crisis, there it has to be clear who is in charge, and responsibility must not be scattered.”

Deputy Chairman of the Committee Kalle Laanet underlined the importance of comprehensive national defence. He pointed out as a matter of concern that although we had a great number of volunteers, all agencies had their own databases. “In reality, there are much less people, because one person is often active in several fields,” Laanet said. In his opinion, it is necessary to have a central and common database of volunteers so that it could be seen how many of them there actually are and what competencies they have.

Prime Minister Ratas, who gave explanations to the Committee, thought that Estonia’s security was solid. He said that military threat against Estonia was low, although, as estimated in 2017, it could not be ruled out if NATO’s collective deterrence was not credible. The terrorist threat is also low, but not non-existent. Several hybrid threats also have to be kept in mind. “Our national defence readiness is good, and our membership in NATO and in the European Union, strong transatlantic relations with the United States and the Nordic-Baltic countries ensure our security,” Ratas assured.

The Prime Minister said that long-term planning and stable financing were the preconditions for successful security policy. He admitted that the state budget discussions were still ahead and the predictions were still coming, but the stable and targeted financing of national defence had to continue at the level of at least two per cent of GDP.

The Prime Minister will speak about the achievement of the Estonian security policy objectives at tomorrow’s sitting of the Riigikogu, which will be live streamed on the web.

 

Estonia: Agenda, 18–21 May 2020 of the 3rd Session of the Riigikogu Plenary Assembly

NordenBladet — Agenda for the 15th Working Week (18 May 2020–21 May 2020) of the 3rd Session of the Riigikogu Plenary Assembly

Monday, 18 May

1. Bill on Amendments to the Product Conformity Attestation Act (125 SE), initiated by the Government of the Republic
Third reading

2. Bill on Amendments to the General Part of the Civil Code Act and Other Acts (extension of the electronic options in the organisation of meetings and the making of decisions) (180 SE), initiated by the Government of the Republic
Third reading

3. Draft Resolution of the Riigikogu “Implementation of the State Reform” (181 OE), submitted by the Government of the Republic
First reading
Report by Jaak Aab, Minister of Public Administration
Report by Paul Puustusmaa, Chairman of the Constitutional Committee

Tuesday, 19 May

1. Draft Resolution of the Riigikogu “Appointment of the Representative of Estonia to the Control Committee of the Nordic Investment Bank” (188 OE), submitted by the Finance Committee
First reading
Report by Kersti Sarapuu, member of the Finance Committee

2. Draft Resolution of the Riigikogu “Appointment of Acknowledged Experts in the Field of Activity of the Estonian Public Broadcasting as Members of the Estonian Public Broadcasting Council” (189 OE), submitted by the Cultural Affairs Committee
First reading
Report by Aadu Must, Chairman of the Cultural Affairs Committee

3. Draft of “The Foreign Policy Development Plan 2030”, submitted by the Government of the Republic
Report by Urmas Reinsalu, Minister of Foreign Affairs
Report by Enn Eesmaa, Chairman of the Foreign Affairs Committee

Wednesday, 20 May

1. Bill on Amendments to the Courts Act and the Prosecutor’s Office Act (134 SE), initiated by the Government of the Republic
Third reading (Majority vote of the members of the Riigikogu)

2. Bill on Amendments to the Riigikogu Rules of Procedure and Internal Rules Act (176 SE), initiated by the Constitutional Committee
Third reading (Majority vote of the members of the Riigikogu)

3. Bill on Amendments to the Atmospheric Air Protection Act and the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act (159 SE), initiated by the Government of the Republic
Third reading

4. Bill on the Approval of the Agreement Amending Section 14 of the Statutes, Annexed To the Agreement of 11 February 2004 between Denmark, Estonia, Finland, Iceland, Latvia, Lithuania, Norway and Sweden Concerning the Nordic Investment Bank (174 SE), initiated by the Government of the Republic
Second reading
Report by Aivar Kokk, Chairman of the Finance Committee

5. Overview of the achievement of the Estonian security policy objectives
Report by Jüri Ratas, Prime Minister

6. Bill on Amendments to the Working Conditions of Employees Posted to Estonia Act (158 SE), initiated by the Government of the Republic
Second reading
Report by Signe Riisalo, member of the Social Affairs Committee

7. Bill on Amendments to the Obligation to Leave and Prohibition on Entry Act and the Act on Granting International Protection to Aliens (prevention of mass immigration) (110 SE), initiated by the Government of the Republic
Second reading
Report by Paul Puustusmaa, Chairman of the Constitutional Committee

8. Bill on Amendments to the Aliens Act (135 SE), initiated by the Government of the Republic
Second reading
Report by Lauri Läänemets, Deputy Chairman of the Constitutional Committee

9. Bill on Amendments to the Family Benefits Act and Amendments to Other Associated Acts (185 SE), initiated by the Government of the Republic
First reading
Report by Riina Solman, Minister of Population
Report by Priit Sibul, member of the Social Affairs Committee

10. Bill on Amendments to § 13 of the Citizenship Act (147 SE), initiated by the Social Democratic Party Faction
First reading
Report by Jevgeni Ossinovski, Member of the Riigikogu
Report by Andrei Korobeinik, member of the Constitutional Committee

11. Bill on Amendments to the Waste Act and the Packaging Act (190 SE), initiated by the Government of the Republic
First reading
Report by Rene Kokk, Minister of the Environment
Report by Erki Savisaar, Chairman of the Environment Committee

Thursday, 21 May

1. Act on Amendments to the Rescue Act and the Weapons Act (128 UA) which the President of the Republic refused to proclaim
Renewed deliberation
Report by representative of the Constitutional Committee
Report by representative of the Legal Affairs Committee

2. Bill on Amendments to the Government of the Republic Act and Other Acts (formation of the Education and Youth Board, renaming of the Language Inspectorate as the Language Board) (163 SE), initiated by the Government of the Republic
Second reading
Report by Marko Šorin, member of the Cultural Affairs Committee

On Monday, 18 May, after all items on the agenda have been discussed, the time for unscheduled statements begins, to continue until no further requests for the floor are made, but not longer than until 12 midnight.

On Wednesday, 20 May, from 12 noon to 2 p.m., Question Time takes place.

 

Source: Parliament of Estonia

 

Estonia: The Riigikogu passed the Act supporting conduct of military intelligence

NordenBladet — Today, the Riigikogu passed an Act that gives the Defence Forces additional rights in performing background checks and implementing authorisation for the use of human intelligence sources.

The Act on Amendments to the Estonian Defence Forces Organisation Act, the Security Authorities Act and the Chancellor of Justice Act (152 SE), initiated by the Security Authorities Surveillance Select Committee, provides for extending the rights of the Defence Forces to conduct background checks to the extent that would ensure meeting the essential purpose of the check, that is, assessment of a person’s suitability to serve or be employed in the Defence Forces or to cooperate with the Defence Forces. Pursuant to the planned amendments, the Defence Forces will be able to perform acts beyond the current “check against registers” in order to obtain the information necessary for background check. The Defence Forces are given the right to use covert measures when collecting information for the circumstances assessed within the framework of background checks, in order to ensure concealment of the collection of information.

A task of the Defence Forces is specified: the collection and processing of information to protect the restricted military area of the Defence Forces and to prevent threats. For that, it is provided that, in the case of persons posing an immediate threat to the restricted military area of the Defence Forces, the Defence Forces can verify the personal data of a person and do it covertly, use shadow information and covert measures, as well as conduct covert intelligence. The Act establishes more specific and effective guarantees that ensure performance of the notification obligation in the event of interference with the fundamental rights of a person. It is provided that a person whose fundamental rights are restricted and who is identified in the course of such activity is notified of the time and type of the act immediately after the declassification of the information collected.

The Chancellor of Justice Act is also amended. At least every two years, the Chancellor of Justice exercises supervision over the justification of the cases where persons are not notified of acts under the Security Authorities Act and the Estonian Defence Forces Organisation Act.

The Supreme Court has declared the Act on Amendments to the Estonian Defence Forces Organisation Act, passed by the Riigikogu on 29 May 2019, to be in conflict with the Constitution.

During the debate, Johannes Kert took the floor on behalf of the Reform Party Faction.

83 members of the Riigikogu voted for the passing of the Act.

The Riigikogu passed another Act

The Act on Amendments to the Medical Devices Act, the Emergency Act and Other Acts (165 SE), initiated by the Government, brings the Medical Devices Act into conformity with European Union law.

Under an amendment to the Emergency Act, the authority coordinating the resolution of an emergency may give authorities of executive power, local authorities and other public authorities orders taking into account the powers and authorities of such authorities and persons, in order to resolve a situation. Such orders include issue of administrative acts or performance of acts, termination of performance of acts or prohibition of performance of acts, and partial or full suspension of performance of acts.

The amendments to the Communicable Diseases Prevention and Control Act are due to the urgent need to ensure that, after the emergency situation, the Health Board will have legal clarity and security to tackle situations that may arise. The purpose of the amendments is to ensure efficient and effective prevention of the spread of communicable diseases by giving the Health Board the right to implement various requirements and measures to control viruses, based on its powers and authorities.

The directives on medical devices, active implantable medical devices and in vitro diagnostic medical devices have been regulating the field of medical devices in the European Union so far. Two new EU Regulations will be applied gradually in the future to replace them. The regulations aim to establish a more robust, transparent, predictable and sustainable regulatory framework for medical devices. This will ensure better safety of devices and a high level of health whilst supporting innovation. In connection with the application of the Regulations, the Medical Devices Act and other associated Acts need to be amended.

During the debate, Signe Riisalo (Reform Party) and Helmen Kütt (Social Democratic Party) took the floor on behalf of the factions. Riisalo said that it was not clear how long the restrictions provided for by the Act could last. She noted that the Reform Party had submitted a motion to amend the Bill at the second reading, according to which the provisions would remain in force until the end of this year. “Towards the end of this year, we would have been able to discuss a well-considered and well-prepared Bill,” Riisalo said. Kütt said that the concern was whether the restrictions imposed by the Act, and their scope and combined effect had been set out clearly enough. “Even if this Act is in conformity with the Constitution, the decisions made on the basis of it may not be. And the reason for this is precisely that the provisions set out are largely unclear which makes it all the more impossible to implement them lawfully,” she said.

47 members of the Riigikogu were in favour of passing the Act and 42 were against.

Three Bills passed the second reading

The Bill on Amendments to the Atmospheric Air Protection Act and the Alcohol, Tobacco, Fuel and Electricity Excise Duty Act (159 SE), initiated by the Government.

During the second reading, the lead committee had submitted a motion to amend the Bill to bring the Bill into conformity with the amendment to the Liquid Fuel Act that had entered into force on 1 April 2020. The committee had specified that, from the entry into force of the Act, suppliers would have to fulfil the monthly obligation to reduce fuel life cycle greenhouse gas emissions pursuant to year-based calculation.

The Bill will amend the definition of supplier in order to also include among reporting entities enterprises who make available electricity, gaseous fuels and hydrogen used in transport. Also, for the purposes of better functioning of the fuel monitoring database, the tasks of the chief processor of the Ministry of the Environment will be given to the Environment Agency who is the entity processing and collecting data, and the list of the data entered into the database will be specified.

The Alcohol, Tobacco, Fuel and Electricity Excise Duty Act will be amended to ensure legal clarity in the interpretation of the definition of shale-derived fuel oil. In addition, the Act will be amended by adding a new code of the combined nomenclature which will begin to be used in the definition of the main Estonian oil products in the future. The abovementioned amendment is due to the implementation of a new laboratory method for determination of aromatic compounds.

The Bill on Amendments to the Courts Act and the Prosecutor’s Office Act (134 SE), initiated by the Government. The amendment is necessary in order that Estonia could participate in the European Public Prosecutor’s Office (EPPO). The amendments mainly concern the legal status of the Estonian prosecutors working for the EPPO and the extent to which the Prosecutor’s Office Act is applied while they work for the EPPO.

Amendments will be made to the Courts Act so as to allow a judge to stand as a candidate for the position of European Prosecutor or European Delegated Prosecutor. The amendments proceed from the current principle according to which the authority and the service relationship of a judge are suspended when the judge assumes office as a judge at an international court institution or a post equivalent thereto.

The status of the European Prosecutors and the European Delegated Prosecutors, and the extent to which Estonian law will be applied to such persons, will be provided for in the Prosecutor’s Office Act. The European Prosecutors will not be included in the Estonian prosecutor service because they must be independent in the performance of their duties. Differently from the European Prosecutors, the Delegated Prosecutors must be members of the national prosecutor’s office in order that they could perform their duties equivalently to national prosecutors, and they must have all the powers of national prosecutors. The term of office of a European Prosecutor is six years and it can be extended only once for three years at the end of the six-year period. The term of office of the Delegated Prosecutors is five years and it can be extended repeatedly.

The EPPO is established with the aim of ensuring more efficient proceedings on criminal offences affecting the financial interests of the Union, and ensuring that criminal proceedings are not affected by the departmental or political interests or goals of a Member State. 22 Member States have officially joined the EPPO by now. The European Commission has promised that the EPPO will start operating at the end of 2020.

The EPPO consists of a “central level” with a seat in Luxembourg, and a local level located in the participating Member States. The central level is comprised of the European Chief Prosecutor and the European Prosecutors. The local level is comprised of European Delegated Prosecutors (at least two in each participating Member State) who are based in their own Member States and manage criminal proceedings there and represent prosecution in the court of the Member State.

The Bill on Amendments to the General Part of the Civil Code Act and Other Acts (extension of the electronic options in the organisation of meetings and the making of decisions) (180 SE), initiated by the Government, will eliminate unjustified differences between legal persons in the regulation of holding meetings and making decisions. Thus the Bill will extend the opportunities for all bodies of legal persons to make decisions without the need to hold regular meetings that require physical presence.

The explanatory memorandum notes that although the need to draft the Bill became apparent particularly clearly during the emergency situation declared on 12 March, the solutions proposed in the Bill are also meant to be used after the end of the emergency situation.

The Bill will eliminate the requirement that the list of participants in the general meeting which is an appendix to the minutes of the general meeting of members of a non-profit association must be signed in handwriting. With the amendment, the requirements for the preparation of the minutes and the registration of participants in the general meeting of members of a non-profit association will be harmonised with the requirements in place for other associations.

During the second reading, on the motion of the lead committee, an amendment was incorporated into the Bill under which the deadline for submission of the annual report was extended to 31 October 2020 for apartment associations, non-profit associations, foundations, commercial associations and companies.

In addition, the Bill contains an amendment to the Act on Amendments to the Commercial Code (transfer of share) under which the elimination of the formal requirement for a transaction constituting an obligation to transfer or pledge a share is enforced at the earliest opportunity. The elimination of the formal requirement for a transaction constituting an obligation to transfer or pledge needs to be enforced in short order because the notarial authentication of transactions has become complicated in the crisis situation due to the movement restrictions imposed by countries, as well as because the issuing of the documents of foreign countries and sending them to Estonia is requiring more time than usual.

During the debate, Heljo Pikhof (Social Democratic Party) and Toomas Kivimägi (Reform Party) took the floor.

Five Bills passed the first reading

The Bill on Amendments to the Recognition of Foreign Professional Qualifications Act and the Building Code (179 SE), initiated by the Government, will specify the provisions relating to the recognition of professional qualifications on the basis of a relevant EU directive that has been transposed into Estonian law; the European Commission has initiated infringement proceedings because it has found that the directive has not been transposed as required.

The purpose of the recognition of professional qualifications is to ensure access to the pursuit of regulated posts and professions in member states of the European Union, member states of the European Economic Area and the Swiss Confederation under equal conditions.

The Bill will specify the regulation of the recognition and the acquired rights of architects. The principles of automatic recognition of specialised doctors and specialised dental practitioners have been provided for by a Regulation of the Minister of Social Affairs which will also be brought into conformity with the relevant EU directive.

The Bill on Amendments to the Government of the Republic Act and Other Acts (merger of the Environmental Board and the Environmental Inspectorate) (184 SE), initiated by the Government, provides for the merger of the Environmental Board and the Environmental Inspectorate, two governmental authorities in the area of government of the Ministry of Environment. The name of the merged agency will be the Environmental Board. For that, amendments will be made to the Government of the Republic Act and 38 other Acts.

The merger of the Environmental Board, which implements the policy of environment use, nature conservation and radiation safety, and the Environmental Inspectorate, which exercises environmental supervision, is part of the state reform plan. The merger of the Environmental Board and the Environmental Inspectorate will also give a certain saving, in particular in terms of more effective use of vehicles and real estate.

According to the explanation, the Environmental Board and the Environmental Inspectorate employ a total staff of 512. The new agency will have its official address in Pärnu. Both agencies are already now in dispersed locations across Estonia. According to the current plan, the merged Environmental Board will start work on 1 January 2021.

The Bill on Amendments to the Public Holidays and Days of National Importance Act and the Estonian Flag Act (172 SE), initiated by the Government, provides for the inclusion of the Children’s Day, celebrated on 1 June, among days of national importance as a flag day. The Grandparents’ Day, which is celebrated on the second Sunday of September, will also be included among flag days.

Making the Children’s Day a day of national importance and a flag day is intended to pay attention to children’s rights and to value specialists who work with children.

The Grandparents’ Day is already now celebrated as a day of national importance in Estonia, but not as a flag day. Next to children, it is also very important to remember grandparents, and therefore it is appropriate to also make the Grandparents’ Day an official flag day in analogy to the Children’s Day.

The current Public Holidays and Days of National Importance Act establishes fourteen days of national importance, six of which are flag days.

The Bill on Amendments to the Public Holidays and Days of National Importance Act (131 SE), initiated by members of the Riigikogu Jüri Jaanson, Signe Kivi, Signe Riisalo, Toomas Kivimägi, Mart Võrklaev, Annely Akkermann, Kaja Kallas, Liina Kersna, Vilja Toomast, Yoko Alender, Andrus Seeme and Andres Sutt, provides for the inclusion of the Children’s Day, celebrated on 1 June, among days of national importance.

Siim Pohlak (Estonian Conservative People’s Party) took the floor during the debate.

The Bill on Amendments to the Public Holidays and Days of National Importance Act and the Estonian Flag Act (132 SE), initiated by the Social Democratic Party Faction, is intended to amend the Public Holidays and Days of National Importance Act and the Estonian Flag Act by adding a clause providing that 1 June, the Children’s Day, is a day of national importance and a flag day.

Helmen Kütt (Social Democratic Party) took the floor during the debate.

 

Estonia: Foreign Affairs Committee supported the Foreign Policy Development Plan 2030

NordenBladet — At its video sitting today, the Foreign Affairs Committee approved the Foreign Policy Development Plan 2030 by a majority vote, and presented its own position on the Plan. 

The Chairman of the Committee Enn Eesmaa emphasised the need for the Development Plan to be a flexible and open document. “In light of the current crisis, it is particularly important that the Development Plan is not set in stone but can be complemented and changed as foreign or domestic factors change,” he said. The Chairman also thanked various representative bodies and Committees of the Riigikogu whose proposals on the Development Plan had been taken into consideration by the Foreign Affairs Committee in shaping its position.

The Deputy Chairman of the Committee Marko Mihkelson said that the Committee acknowledged this first ever comprehensive development plan on Estonia’s foreign policy. “As a small state, Estonia is vulnerable to global changes. This makes a common wording of foreign policy objectives crucial and helps us to act in a more systematic way in an increasingly complex international environment,” he explained. Mihkelson also remarked that the Committee is strongly advocating for the involvement of the parliament into the creation of the strategy on Estonia’s foreign relations, and for presenting an implementation review of the Development Plan to the Riigikogu once a year.

The position of the Foreign Affairs Committee stresses that the Foreign Policy Development Plan must be viewed in conjunction with relevant strategies, all of which should be regarded as one whole.

The Development Plan concerns the foreign policy activities of Estonia until 2030 and covers the importance of our security policy, development cooperation, and sustainable development, strengthening foreign economic policy, involving the Estonian diaspora, efficient consular services, and strong foreign service. The implementation of the goals of the Development Plan falls into the remit of the Ministry of Foreign Affairs.

Foreign Policy Development Plan will define the foreign policy goals and the activities for their implementation, support the implementation of strategic documents on foreign policy, plan foreign policy activities and resources, and introduce a strategic planning management system that creates the conditions for transferring to performance-based budgeting in 2020. The corner stones of the Development Plan are a strong foreign service and Estonia’s increased stature and influence.

The Foreign Policy Development Plan 2030 draft will be discussed at the plenary sitting on Tuesday, 19 May, starting at 10 a.m. The sitting is streamed live on the Riigikogu home page and in Facebook.

 

 

Estonia: Pentus-Rosimannus became member of NATO Innovation Advisory Board

NordenBladet — Member of the Foreign Affairs Committee of the Riigikogu (Parliament of Estonia) Keit Pentus-Rosimannus has been appointed a member of the Innovation Advisory Board of the NATO Maritime Unmanned Systems Initiative, which focuses on the developing of innovative unmanned solutions in the maritime domain.

Pentus-Rosimannus said that the function of the Innovation Advisory Board was to contribute to the topics of the future developments and the integration of different solutions of the maritime unmanned systems of the Allies. “We are expected to work on future scenarios and to display fresh perspectives. Estonia is happy to provide that,” she commented.At its first meeting in June, the Innovation Advisory Board will begin with addressing cross-domain integration challenges. Additionally, the IAB will review current progress and provide strategic recommendations on the future development of the NATO Maritime Unmanned Systems initiative. The Innovation Advisory Board will be chaired by Michael D. Brasseur, Director of the Maritime Unmanned Systems Innovation and Coordination Cell.

 

Estonia: A Bill on emergency passed the second reading in the Riigikogu

NordenBladet — The Bill on Amendments to the Medical Devices Act, the Emergency Act and Other Acts (165 SE), initiated by the Government, will bring the Medical Devices Act into conformity with European Union law. During the proceedings, the Social Affairs Committee included motions to amend the Emergency Act, the Communicable Diseases Prevention and Control Act, the Health Services Organisation Act and the Health Insurance Act, according to proposals by the Ministry of Social Affairs.

During the second reading, an amendment was voted into the Emergency Act under which, in order to resolve an emergency, the authority coordinating the resolution of the emergency may give authorities of executive power, local authorities and other public authorities orders taking into account the powers and authorities of such authorities and persons. Such orders include issue of administrative acts or performance of acts, termination of performance of acts or prohibition of performance of acts, and partial or full suspension of performance of acts.

The amendments to the Communicable Diseases Prevention and Control Act are due to the urgent need to ensure that, after the emergency situation, the Health Board will have legal clarity and security to tackle situations that may arise. The purpose of the amendments is to ensure efficient and effective prevention of the spread of communicable diseases by giving the Health Board the right to implement various requirements and measures to control viruses, based on its powers and authorities.

The directives on medical devices, active implantable medical devices and in vitro diagnostic medical devices have been regulating the field of medical devices in the European Union so far. Two new EU Regulations will be applied gradually in the future to replace them. The regulations aim to establish a more robust, transparent, predictable and sustainable regulatory framework for medical devices. This will ensure better safety of devices and a high level of health whilst supporting innovation. In connection with the application of the Regulations, the Medical Devices Act and other associated Acts need to be amended.

During the debate, Tarmo Kruusimäe (Isamaa), Peeter Ernits (Estonian Conservative People’s Party), Signe Riisalo (Reform Party), Kalle Laanet (Reform Party) and Mihhail Lotman (Isamaa) took the floor and pointed out problems and shortcomings relating to the Bill.

The Estonian Reform Party Faction moved to suspend the second reading of the Bill. The result of voting: 37 votes in favour, 47 against, one abstention. The motion was not supported. The Bill was sent to the third reading.

Another Bill passed the second reading

The Bill on Amendments to the Product Conformity Attestation Act (125 SE), initiated by the Government, will implement in Estonia the new directly applicable EU Regulation that replaces the Regulation that was in force before and concerns the mutual recognition of the conformity of goods marketed in another Member State. The Regulation helps stimulate trade in goods in the European single market and speed up and enhance the work of competent authorities in the evaluation of goods. The implementation of the new Regulation will make it simpler for Estonian economic operators to take their products to the EU market.

According to the principle of mutual recognition, products that have been placed on the market in a Member State under the rules in force there must be allowed to be freely placed on the market in EU Member States also when different requirements have been established for them in the country of destination. The Bill provides for the right of competent authorities to prohibit goods from being placed on the market and to require withdrawal of goods from the market in Estonia in pursuance of the procedure provided for in the directly applicable Regulation. Based on the Regulation, competent authorities must clearly justify restriction on market access. This can be done for example on the basis of overriding reasons of public interest, and it must be evaluated whether the restrictions are proportionate to the aim pursued.

For example, the Consumer Protection and Technical Regulatory Authority, the Health Board, the Maritime Administration, the Agricultural Board, the Environmental Inspectorate, the Road Administration and the Veterinary and Food Board will be the competent authorities on the basis of the legislation regulating the sector. In addition, the Act regulates the obligation of these authorities to exchange information with the competent authorities of other Member States.

A Bill passed the first reading:

The Bill on Amendments to the Public Procurement Act and the Commissioning of Artworks Act (177 SE), initiated by the Government, will amend the provisions regulating electronic information exchange. As a result of an amendment, suppliers will be released from the obligation of electronic information exchange in public procurements of small value, less than 30 000 euro in the case of supplies and services, and less than 60 000 in the case of works.

Under the current Act, high-security electronic exchange of information must be used in the case of every public procurement regardless of the value. The purpose of the amendment is to enable simpler electronic information exchange (e.g. by e-mail) in public procurements of smaller value whereby the workload of contracting authorities and the administrative burden of tenderers will be significantly reduced. In the case of reopening a competition on the basis of a framework agreement, the obligation of electronic information exchange would not apply where the estimated value of the public contract to be awarded is below the simple procurement threshold, that is, below 30 000 euro in the case of supplies and services. In the case of public procurements that do not fall within a simplified procurement threshold provided for by law, the obligation of electronic information exchange would apply starting from the public procurement threshold.

On the proposal of the Ministry of Culture, after the coordination with the relevant parties, an amendment has been included in the Commissioning of Artworks Act to increase the threshold that requires the commissioning of artworks in connection with contracting for works. The current threshold is 450 000 euro and will be raised to 750 000 euro. In addition, the Minister of the Environment will be given the authority to establish mandatory environmentally sound criteria in procurements to purchase furniture, cleaning products and services, office IT-equipment, and copying and graphic paper.

The Riigikogu heard replies to three interpellations

Members of the Riigikogu Hele Everaus, Urmas Kruuse, Urve Tiidus, Vilja Toomast, Ants Laaneots, Maris Lauri, Hanno Pevkur, Kaja Kallas, Erkki Keldo, Toomas Kivimägi, Jüri Jaanson, Signe Riisalo and Andrus Seeme had submitted an interpellation concerning ensuring the availability of family physician service (No. 20) to the Minister of Social Affairs Tanel Kiik.

The interpellators wished to know if the Ministry of Social Affairs had planned strategic systematic action to ensure sustainability of family medical practice in all regions of Estonia.

Kiik confirmed that the availability of primary medical care was undoubtedly a national health care organisational priority. The Ministry of Social Affairs together with the Health Board, the Estonian Health Insurance Fund and the Estonian Family Physicians’ Association is adhering to and continues to comply with the cooperation agreement jointly signed on 19 March last year which aimed to agree on objectives and actions that would be implemented in cooperation to ensure availability and development of family medical care in the coming years.

Kiik explained that, in view of the objective of the agreement, the parties met regularly within the framework of separate working groups. “I for one participate in several such meetings, in particular with representatives of the Estonian Health Insurance Fund and the Health Board and the Estonian Family Physicians’ Association, to discuss the potential needs in the service management model and the funding model, issues relating to the establishment of health care centres, the issue of working hours, as well as the issue of the mobility of doctors, and certainly the issues of new generations,” Kiik said.

He added that, as a recent noteworthy change to be pointed out, with a view to ensuring the sustainability of family medical care, an amendment had entered into force on 1 April, as a result of which the current additional remunerations to family physicians had increased by several times, and the range of the persons who received the remuneration outside Tallinn and Tartu and the municipalities bordering thereon would be extended.

Kiik said that financial motivation was just one part of the motivational package. A modern working environment, a supporting team, work offering flexible challenges, and the above-mentioned good cooperation between local governments and family physicians were equally important. By the same token, all activities directed at increasing the availability of family medical care and the quality of the family medical services agreed upon earlier, also arising from the above-mentioned agreement or the good practice agreement between the Estonian Family Physicians’ Association, the Estonian Health Insurance Fund, the ministry and the Health Board, continue.

The Minister of Social Affairs also replied to interpellations concerning care home fees (No. 30) and the unjustifiably high prices of medicinal products (No. 32).

The sitting ended at 9.41 p.m.

Estonia: Riigikogu amended the Electronic Communications Act

NordenBladet — Today, the Riigikogu passed an Act that would authorise the Government to introduce the obligation to provide information about the technology used in communication networks in order to ensure a high level of security in communication networks.

The explanatory memorandum of the Act on Amendments to the Electronic Communications Act (138 SE), initiated by the National Defence Committee, says that with a view to ensure the quality of networks, minimise the impact of cyber-attacks, and prevent political manipulations, it must be ensured that the establishment of communication networks and the provision of communications services by means thereof is effected with the help of secure technology and by reliable partners. Under the Act and in order to ensure national security, the Government may compel, by a regulation, communications undertakings to provide information about the hardware and software used in their communications networks and to apply for an authorisation to use the hardware and software of a network.

During the second reading, an amendment based on the opinion of the Government was introduced into the Bill. The coordination procedure was replaced by the notification and authorisation procedure, and the Act was complemented with a provision authorising the Government to compel, by a regulation, communications undertakings to provide information about the hardware and software used in their communications networks and to apply for an authorisation to use the hardware and software of a network.

Kristen Michal (Reform Party) took the floor during the debate.

83 members of the Riigikogu voted in favour of the Act, and 4 against it.

The Riigikogu passed one other Act

The Act on Amendments to the Radiation Act and the State Fees Act (144 SE), initiated by the Government, specifies provisions of the Radiation Act to bring these into conformity with the Euratom directive and the proposals of the audit of the International Atomic Energy Agency.

As a major amendment, holders of radiation practice licences must submit to the Environmental Board analyses of events in the course of which persons were exposed to radiation doses above the permitted level. At present, the Board must only be notified of the occurrences of such incidents.

The Act was amended by including the procedure for the recognition of radiation practice licences issued in the contracting parties to the European Economic Area. So far, the Environmental Board was guided by agreements on the free movement of services and the General Part of the Economic Activities Code Act in the recognition of foreign undertakings but the Environmental Inspectorate is in no position to check the radiation practices of these undertakings at present. The recognitions will be issued by letter through a document management system.

The European Union Euratom directive laying down the basic safety standards for protection against the dangers arising from exposure to ionising radiation was due to be transposed by 6 February 2018. The analysis of the articles and the transposed provisions of the directive revealed the need to specify the Act in order to avoid possible different interpretation.

88 members of the Riigikogu voted in favour of passing the Act.

The Riigikogu passed one Resolution

The Resolution of the Riigikogu “Amendment of the Resolution of the Riigikogu “Formation of the Estonian Delegation to the Parliamentary Assembly of the Council of Europeˮ” (160 OE), initiated by the Foreign Affairs Committee, appoints Raimond Kaljulaid as substitute member of the Estonian delegation to the Parliamentary Assembly of the Council of Europe, replacing Indrek Saar. The motion for substitution came from the Social Democratic Party faction.

57 members of the Riigikogu voted in favour of passing the Resolution, 18 against it, and 4 abstained.

One Bill passed the second reading

The Bill on Amendments to the Riigikogu Rules of Procedure and Internal Rules Act (176 SE), initiated by the Constitutional Committee, provides the possibility to conduct sittings by remote attendance with the members of the Riigikogu and other participants of the sitting attending the sitting via electronic means without being physically present. A sitting may be held with remote attendance if the members of the Riigikogu are ensured the possibility to follow the sitting and carry out the proceedings of the sitting (submitting a Bill, presenting a report, asking an oral question, making comments, protesting, voting, and other activities) from a remote location, and also have the possibility to report any impediments to performing such activities.

Holding of a sitting with remote attendance is decided by the Board of the Riigikogu if there are strong reasons for it. At sittings with remote attendance, the Riigikogu has a quorum if more than one half of the members of the Riigikogu attend. The President of the Riigikogu notifies the members of the Riigikogu of holding a sitting with remote attendance through the media at least three days before the appointed date. Shorter notice is allowed in case of compelling reasons.

The original version of the Bill required the quorum to be as high as at additional and extraordinary sittings of the Riigikogu. An amendment between two readings of the Bill ensured that the higher quorum requirement would not be applied.

Tarmo Kruusimäe (Isamaa) took the floor during the debate.

One Bill passed the first reading

The Act on Amendment to the Police and Border Guard Act (161 SE), initiated by the Legal Affairs Committee, requires ensuring that police officers and border guard officials as well as their family members who are beneficiaries of disability or survivor’s pensions receive a pension that is at minimum equal to what they would have received if the bases for calculating their pensions had not been reduced by 8 % as of 1 July 2009.

The Bill was occasioned by the need to ensure equal treatment to the beneficiaries of both the superannuated pensions of police officers as well as the beneficiaries of the disability or survivor’s pensions of police officers or border guard officials.

 

Baltic parliaments condemn falsification of history on the anniversary of the end of WW II

NordenBladet — In their statements to commemorate the end of World War II, the Parliaments of Estonia, Latvia and Lithuania call on citizens and societies to jointly condemn crimes against humanity and to support peace, stability and democratic development in Europe and the whole world.

“War crimes must not be forgotten or forgiven. War is a crime against humanity,” President of the Riigikogu (Parliament of Estonia) Henn Põlluaas says in his Statement. “We condemn the attempts arising from the aggressive geopolitical ambitions of the Russian Federation to falsify and distort history, and to blame others for the crimes committed by Russia itself, including starting the war.”

Põlluaas believes that the cynical efforts of the Kremlin to reap political benefits from the sufferings of the victims and to incite mistrust and hatred between nations are bound to fail. “The proverb ‘truth rises, lies sink’ also holds true in international relations,” Põlluaas emphasised. “Unfortunately, the truth does not rise by itself; it needs to be supported by strengthening the global historical memory.”

Põlluaas pointed out that when we commemorated the victims of World War II, we protected authentic historical memory. “It is our duty to uphold authentic historical memory so that the crimes of totalitarian regimes are not forgotten, and to fight against all attempts to falsify history. Knowledge of historical truth helps stand against the threats to democracy and the right to self-determination of peoples,” Põlluaas said.

The Riigikogu drew attention to this in its Statement “On Historical Memory and Falsification of History” of 19 February 2020.

Full text of the Statement of the President of the Riigikogu on the anniversary of the end of World War II. Both the Parliament of Latvia and the Parliament of Lithuania have issued similar statements.

 

Estonia: National Defence Committee received an overview of the business continuity of communication networks and cross-use of infrastructure

NordenBladet — At its meeting today, the National Defence Committee heard about the business continuity of communication networks and cross-use of infrastructure as well as the concept of national communication, and concluded that from the viewpoint of comprehensive national defence, the organisation of communication needed more extensive coordination between authorities.

The Chairman of the Committee Andres Metsoja highlighted the main problem of the communication network: the government does not have a full overview of the communication networks. “We have a detailed overview of the power grid, but the communication network is largely built up by private businesses and exists in their data bases,” Metsoja said. “The valid Act makes cross-use of networks mandatory, but as networks are non-digitalised property of private companies, the government does not have complete information about the existence of networks, which makes cross-use difficult.”

Metsoja thinks that the state authorities should digitalise and map the communication networks because otherwise the government would be unable to set national defence duties to communication networks needed for national defence purposes. Under the Bill on Amendments to the Electronic Communications Act, which the Riigikogu is currently proceeding, communication businesses will have to provide information about the technology they use, which will allow the government to gain an overview of the communications used in the country.

Metsoja explained that in addition to the private sector, several state run agencies manage communication networks. For him, one possible goal would be the integration of the communication network with the power grid. We would also need to involve the rail network, Elektrilevi, and Levira, and define the roles.

Member of the Committee Johannes Kert said that the crucial question for any kind of crisis management preparedness is the organisation and functioning of communication, and in the case of Estonia, also the cross-use of communication between authorities. “Cross-use of communications is a question of comprehensive national defence but today there is still a lot of room for development,” Kert admitted. He expressed his hope that the Committee would regularly return to the topic until this important national defence issue is solved.

The goal of national communication is to ensure robust and secure communication for services and target groups of national importance. The Committee heard clarifications from representatives of the Ministry of Economic Affairs and Communications, Ministry of Defence, Information System Authority, Defence Forces, and State Infocommunication Foundation.

 

Source: Parliament of Estonia

 

Estonia: Bill supporting joint income tax returns of spouses passed the first reading

NordenBladet — The Bill that would again allow spouses to submit a joint tax return passed its first reading in the Riigikogu today.

The Bill on Amendments to the Income Tax Act (154 SE), initiated by the Estonian Reform Party faction, would ensure the adding up of the incomes of both spouses and the deductions made from the incomes. The explanatory memorandum to the Bill notes that before the establishment of a progressive tax system, Estonia’s tax law had always held that spouses could submit a joint tax return. The joint income tax return is based on the valid Family Law Act, as well as the logic of joint marital property.

One Bill passed the second reading.

The Bill on Amendments to the Radiation Act and the State Fees Act (144 SE), initiated by the Government, will specify the provisions of the Radiation Act to bring them into conformity with the Euratom directive and the proposals of the audit of the International Atomic Energy Agency.

As a major amendment, holders of radiation practice licences will have an obligation to submit to the Environmental Board analyses of events in the course of which persons have been exposed to radiation doses above the permitted level. At present, the Board must only be notified of the occurrences of such incidents.

The Act will be amended by including the procedure for the recognition of radiation practice licences issued in the contracting parties to the European Economic Area. So far, the Environmental Board has been guided by agreements on the free movement of services and the General Part of the Economic Activities Code Act in the recognition of foreign undertakings but the Environmental Inspectorate is in no position to check the radiation practices of these undertakings at present. The recognitions will be issued by letter through a document management system.

The European Union Euratom directive laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation was due to be transposed by 6 February 2018. The analysis of the articles and the transposed provisions of the directive revealed the need to specify the Act in order to avoid possible different interpretation.

The Riigikogu suspended the second reading of one Bill.

On the motion of the lead committee, the second reading of the Bill on Amendments to the Environmental Charges Act (109 SE), initiated by the Environment Committee, was suspended. The Bill would provide a specification under which the pollution charge is not imposed if the substances and compounds specified in subsection 17 (1) of the Environmental Charges Act are emitted into a water body, groundwater or soil for the purpose of cultivating live organisms, including plants, animals or fungi.

The Bill would amend the principles for calculating environmental charges for activities which cause the introduction of pollutants into the environment to feed live organisms. The purpose of imposing environmental charges is to encourage undertakings to reduce environmental damage and emit less pollutants into the environment. However, when nutrients are emitted as pollutants into the environment in the course of cultivation of live organisms, the disturbance remains minimal because the amount of nutrients emitted into the environment corresponds to the amount that can be expected to be consumed to the maximum in the course of life.

The Riigikogu set the deadline for submission of motions to amend as 5.15 p.m. on 19 May.

One Bill was dropped from the proceedings of the Riigikogu.

The Bill on Amendments to the Income Tax Act (551 SE), initiated by the Estonian Reform Party faction, provided the restoration of the simple taxation system by 2022, with uniform basic exemption from income tax in the amount of EUR 500 a month, and a uniform income tax rate. The transition to the EUR 500 basic exemption from income tax would have taken place over two years. For resident natural persons with an income over EUR 20,400 a year (or an average of EUR 1,700 a month) the current system would have remained in place for the first year, i.e. the transition year. As of 2022, the rate of basic exemption would no longer depend on the annual income, and would be a uniform EUR 6,000 a year, or EUR 500 a month.

During the debate, Jürgen Ligi (Reform Party), Tarmo Kruusimäe (Isamaa) and Kalvi Kõva (Social Democratic Party) took the floor.

Faction Isamaa moved to reject the Bill at the first reading. 53 members of the Riigikogu voted in favour of the motion and 31 against it; consequently, the Bill was dropped from the legislative proceedings.