The Riigikogu passed eight Acts and a Resolution

At the sitting that began at 2 p.m. on Wednesday and lasted until Thursday morning, the Riigikogu passed eight Acts and a resolution and concluded the second reading of 19 bills. The deliberation of the remaining bills on the agenda will continue in a new sitting starting at 10 a.m.

The Riigikogu passed the Act on Amendments to the Penal Code, the Code of Criminal Procedure and the Imprisonment Act (773 SE), initiated by the Government. It will allow for vacant prison spaces in Estonia to be leased to foreign countries. According to the Act, prison sentences imposed by foreign courts can be enforced in Estonian prisons if a relevant international agreement has been concluded. The parliaments of both countries will have to ratify the agreement.

According to the explanatory memorandum, the maintenance of Estonian prison buildings is too costly as they are emptying out. Prison rental will help keep prisons operating, ensure jobs for trained prison staff, and reduce the state’s cost of maintaining empty prison spaces by making them generate revenue for the state budget.

According to the Act, it will be possible to take a prisoner to serve their sentence in an Estonian prison if similar crimes are punishable under Estonian law, the sentence to be enforced is not unreasonably severe, and the period between the entry into force of the court judgment and the start of its enforcement does not exceed three years. At the same time, the Act provides that the regulation for early release will not apply to foreign prisoners.

Tõnis Lukas from the Isamaa Parliamentary Group and Heljo Pikhof from the Social Democratic Party Parliamentary Group took the floor during the debate. Peeter Ernits took the of the floor on behalf of the Centre Party Parliamentary Group.

52 members of the Riigikogu supported the passing of the Act and 35 were against.

The Riigikogu also passed the Act on Amendments to the Code of Civil Procedure and the Law of Obligations Act (transposition of the directive on the protection from strategic lawsuits against public participation (SLAPPs)) (865 SE), initiated by the Government. It transposes into Estonian legal space the directive on the protection from strategic lawsuits against public participation (SLAPPs).

The aim of the new regulation is to safeguard freedom of expression and protect democratic debate from strategic court proceedings against public participation. Until now, it has been difficult to distinguish strategic lawsuits against public participation from regular defamation lawsuits, which is why the European Union directive provides courts with clearer criteria for identifying manifestly unfounded claims.

The Act gives courts specific tools to stop malicious proceedings at an early stage. In the future, the court will be able to immediately dismiss an evidently unfounded claim, with all procedural costs being borne by the plaintiff, and the defendant gaining the right to claim compensation for damages caused by an abusive lawsuit. The court will also have the right to impose a fine of up to EUR 9,600 on the plaintiff and to publish the court decision along with the plaintiff’s personal data.

In addition, the amendments establish protection against third countries, which means that Estonian courts will not recognize, for example, court judgments made in Russia if they result from SLAPPs.

70 members of the Riigikogu voted in favour of passing the Act and one was against.

The Riigikogu passed the Credit Information Sharing Act (652 SE), initiated by the Government. It is a preparation for the establishment of a credit information registry. The registry will allow banks and other lenders to better assess the solvency of the recipients of loans and help prevent people taking excessive loans.

The registry will consolidate information on all financial obligations of a person, be it housing loans or consumer loans, car leases, consumer credit, or express loans. According to the Act, lenders who are supervised by the Financial Supervision Authority will have to forward information on the loans taken by each person to the registry and they will have to check what liabilities the person already has before granting a new loan. Consolidating this information into a single registry will give a clearer picture of the actual solvency of a person and prevent people from taking more loans than they can afford.

During the proceedings, amendments were included in the Act regarding the obligation of credit servicers to submit data to the credit information registry. This will be necessary to ensure that the information contained in the registry is complete, up-to-date, and consistent with the registry’s purpose of enabling creditors to assess a consumer’s creditworthiness as accurately as possible.

 Access to the registry being established will be granted to persons who have a legal obligation to assess a loan applicant’s creditworthiness, and information may be requested from there only about people who have applied for credit or wish to modify a credit agreement. The Act also regulates the storage of loan information and allows people to impose a loan ban on themselves.

It is planned to delegate the task of maintaining the registry to private sector and to cover the costs by fees. Similarly to other economic operators in the financial sector, clear requirements and rules will be set for the registrar and its activities.

73 members of the Riigikogu were in favour of passing the Act and three were against.

The Riigikogu passed the Act on Amendments to the Penal Code (consent-based approach to sexual violence) (727 SE), initiated by the Government. Starting from next year, the force and coercion-based approach will be replaced with a consent-based approach in the case of sexual crimes, and sexual intercourse without consent will be deemed to be rape.

Currently, rape is only considered to take place if violence is used against the victim or if the victim is in a helpless state, i.e. unable to resist or understand what is happening. According to the Act, however, non-consensual intercourse will be punishable as rape even if no violence is used against the victim. According to an amendment, it will have to be clear to both parties that their partner consents to sexual activity.

During the proceedings, provisions were included in the Act that defined what consent was within the meaning of the Act. According to an amendment, four conditions will need to be met simultaneously: consent will need to be given knowingly and voluntarily, and it will need to be expressed verbally or in another clearly understandable way before sexual intercourse or any other act of a sexual nature, and it will need to be present throughout the entire act.

An amendment was also introduced into the Act to define an act of a sexual nature. According to an amendment, an act of a sexual nature within the meaning of the Penal Code is sexual intercourse and other physical activity that has an objectively sexual meaning and in which another person’s right to sexual self-determination is significantly impaired.

Stig Rästa from Estonia 200 Parliamentary Group and Madis Timpson from the Reform Party Parliamentary Group took the floor during the debate. Andres Hanimägi took the floor on behalf of the Social Democratic Party Group.

69 members of the Riigikogu voted in favour of passing the Act and 8 were against it.

The Riigikogu passed the Act on Amendments to the State Cultural Awards and Culture Grants Act and the Sport Act (824 SE), initiated by the Government. It streamlines the system of awards and grants awarded in the areas of culture and sports.

As regards cultural awards, a maximum number of awards will be provided in the Act instead of a specific number. In the future, up to three awards for long-term outstanding creative activity (lifetime achievement awards) and up to five awards for outstanding works that have reached the public in the preceding calendar year (annual awards) will be given for outstanding creative achievements in the field of culture. The Minister of Culture will decide on the number and amounts of the awards to be granted.

According to an amendment, the Government will establish the categories of sports awards and the procedure for granting them, and the minister in charge of the policy sector will determine the amounts of awards. For both types of awards, the minister will submit candidates to the Government according to the proposals of committees. The Minister of Culture, instead of the Government, will appoint the members of the Cultural Awards Committee in the future.

According to the Act, existing athlete scholarships will be abolished, and their funds will be reallocated. It will be possible to apply for athlete grants from the Estonian Olympic Committee instead of athlete scholarships.

The abolition of culture grants was omitted from the amendments during the proceedings. Thus, grants will remain, but their purpose and target group will change. Currently, culture grants are intended for students; however, since there are numerous grants and scholarships for acquiring education either in Estonia and abroad, culture grants will be restructured so that young creative persons who are up to 35 years of age and have already obtained a higher education degree could apply for the grants to support them in launching their professional careers in their field, in their professional development, and in establishing international contacts.

It will also be easier to apply for culture grants in the future, as it will no longer be necessary to do so through artistic associations. Grants will be awarded on the basis of a regulation of the minister. According to the explanatory memorandum, the planned amount of the culture grant will be EUR 10,000 instead of the current EUR 2,300 and a total of EUR 50,000 per year will be allocated for culture grants.

66 members of the Riigikogu were in favour of passing the Act, four were against and there was one abstention.

The Riigikogu passed the Act on Amendments to the Vocational Educational Institutions Act, the Youth Work Act and the Basic Schools and Upper Secondary Schools Acts (830 SE), initiated by the Government. It allows applicants to upper secondary school and vocational school to be asked about their preferences for school and specialty. The amendments made during the proceedings exempt youth camps from value-added tax and allow for the conclusion of open-ended employment contracts with all heads of schools.

According to the Act, in the future, the student candidates’ preferences for school may be asked and taken into account when admitting students to upper secondary schools and vocational schools, and the student candidate’s preferences for the field of study in upper secondary schools, and for the curriculum in vocational educational institutions. Schools will have the right to decide whether and to what extent they will take the preferences into account and how they will relate to other admission criteria, such as interviews, tests and exam scores. If a school wishes to use this option, it will have to be provided for in the school’s admission conditions and procedures. The amendment does not concern this year’s admission.

In the case of vocational education institutions, it is specified that student candidates will be able to apply to up to three curricula in one school during the main admission period in order to limit excessive applications. There will be no such restriction during additional admission. A student candidate will rank the curricula of the vocational education institutions to which he or she is applying, based on his or her preferences.

The regulation on exclusion from school is also amended. Under the Act, an adult upper secondary school student may be excluded from school due to lack of academic progress if over a half of the course grades the student receives are “poor” in more than two subjects over the academic year. Moreover, in the future, the grounds for exclusion will be provided solely by law, and it will not be possible to establish additional grounds for exclusion from school in the rules of procedure of upper secondary schools.

In the future, schools will be able to retrieve data on graduation from basic school and on graduation certificates directly from the Estonian Education Information System. Until now, student candidates have had to submit their graduation certificates to schools themselves. The amendment will reduce bureaucracy, save time and resources, and constitute a proportionate infringement on the learner’s privacy as it will be possible to request only the data that is absolutely necessary, namely the fact of graduation from basic school and the grades on the graduation certificate.

Discussion of a student’s behaviour with the student in the teachers’ council is omitted from sanctions. The Act provides that only the head of the school or a person authorized by the head of the school decides on the imposition of sanctions. Currently, the teachers’ council can decide on sanctions in certain cases.

During the proceedings, the Riigikogu amended the Youth Work Act from the aspect of legal clarity so that camps organized for young people are exempt from VAT, considering that the activities offered by youth camps are essentially educational in nature. An activity license is required to conduct youth permanent and project camps, and qualification requirements have been established for camp directors and counsellors.

 Also, the Act makes an amendment to ensure equal treatment of the heads of state and municipal schools. Currently, the combined effect of various Acts has created a situation where apparently a five-year employment contract should be concluded with the heads of public schools, unlike the heads of other general education schools. The principle is established that an open-ended employment contract will be concluded with all heads of schools.

Tõnis Lukas from Isamaa Parliamentary Group took the floor during the debate.

71 members of the Riigikogu were in favour of passing the Act and five were against.

The Riigikogu passed the Act on Amendments to the 2021–2027 European Union Cohesion and Internal Security Policy Funds Implementation Act and the Repeal of the 2004–2006 Structural Assistance Act (883 SE), initiated by the Government. Its aim is to streamline the regulation of personal data processing and the support administration register.

According to the Act, beneficiaries of support will not be able to claim interest under the State Liability Act if a decision to recover the support is later annulled but no damage arises as a result. The current procedure allows for interest to be claimed even if the beneficiary has not actually suffered any damage; in the future, claims for damages will be based on actual damage arisen.

The categories of personal data processed in the register are also specified. Regarding data retention, it is specified that personal data will be anonymized after the initial retention period and after the end of the main period the data will be stored in the register solely for statistical purposes for another five years, after which it will be deleted.

English is provided for at the legislative level as the procedural language in the case of Interreg programmes so that the procedural language in cross-border cooperation would be uniform.

72 members of the Riigikogu supported the passing of the Act.

The Riigikogu passed the Act on the Ratification of the Agreement between the Republic of Estonia and the Kingdom of Sweden on the Enforcement in Estonia of Swedish Sentences of Imprisonment (682 SE), initiated by the Government. The agreement ratified by it will allow up to 600 prisoners to be brought from Sweden to Estonia to serve their prison sentences.

According to the explanatory memorandum to the Bill, the number of prisoners in Estonia is steadily decreasing, while the costs of maintaining prisons remain high. “Leasing out prison places will enable Tartu Prison to remain in operation, to ensure that internal security jobs are preserved in the region and to create new jobs, and to bring at least EUR 30–60 million in contractual revenue to the state budget. The agreement offers a solution to the temporary overload of the prison system in Sweden.

According to the Agreement, Estonia is ready to accept Swedish prisoners and enable the enforcement of their sentences in Estonia. The arrival of prisoners is planned to be organized gradually so that the prison has time to make the necessary preparations. The first Swedish prisoners are planned to be placed in Tartu Prison in August. In total, the agreement allows up to 600 prisoners to be brought to Estonia.

The Agreement sets out rights and obligations, and regulates the enforcement of sentences, prison conditions, as well as for example the distribution of costs, and supervision. Estonia will only accept prisoners who meet certain conditions, which means that security risks, along with potential prevention and mitigation measures, will have been identified in cooperation between the Police and Border Guard Board, the Estonian Internal Security Service and the Ministry of the Interior. The Agreement provides that foreign prisoners will be sent back to Sweden no later than one month before the end of their sentences and they will be released there.

The agreement was signed in Stockholm in June last year. The Swedish parliament ratified the agreement on 3 June. The Agreement will enter into force on the thirtieth day after both Estonia and Sweden will have completed the necessary national legal procedures and will have notified each other thereof in writing.

Heljo Pikhof, Riina Sikkut and Lauri Läänemets from the Social Democratic Party Group, Helir-Valdor Seeder, Priit Sibul, Tõnis Lukas, Urmas Reinsalu, Aivar Kokk, Andres Metsoja, Lea Danilson-Järg and Mart Maastik from Isamaa Parliamentary Group, Martin Helme, Rain Epler, Helle-Moonika Helme, Evelin Poolamets, Anti Poolamets, Rene Kokk, Siim Pohlak, Mart Helme and Arvo Aller from the Estonian Conservative People’s Party Group, Vadim Belobrovtsev from the Centre Party Group, Margit Sutrop from the Reform Party Group and Kalev Stoicescu from Estonia 200 Parliamentary Group took the floor during the debate. Non-attached Members of the Riigikogu Peeter Ernits, Varro Vooglaid, Kalle Grünthal, Ants Frosch, Jaak Valge, Henn Põlluaas and Alar Laneman also took the floor.

The Centre Party Group, the Estonian Conservative People’s Party Group and Isamaa Parliamentary Group moved to suspend the second reading of the Bill, but the plenary did not support the motion. 43 members of the Riigikogu supported suspension of the deliberation but 51 were against it.

In the final vote, 52 members of the Riigikogu supported the passing of the Act and 42 voted against it.

The Riigikogu also passed the Resolution of the Riigikogu “Approval of “The National Security Concept of Estonia”” (908 OE), submitted by the Government. The Resolution approves the updated National Security Concept of Estonia which describes the deteriorated security environment, the principles of Estonia’s security policy, and the actions necessary to counter threats and mitigate risks.

The national security concept sets goals for strengthening Estonia’s security in five areas: social cohesion and civil protection, economic security and essential services, internal security, military defence, and international engagement. The document addresses security based on the principle of comprehensive national defence, places greater emphasis than before on civil protection, and provides, among other things, that Estonia’s military defence expenditures must continue to be at least five percent of GDP.

During the proceedings, an amendment was made to the resolution according to which the Prime Minister would have to provide the Riigikogu with an overview of Estonia’s security policy more frequently than before, that is, once a year.

The Riigikogu adopted the current National Security Concept at the beginning of 2023.

Marko Mihkelson from the Reform Party Group, Anti Allas from the Social Democratic Party Group, Urmas Reinsalu from Isamaa Parliamentary Group and Vladimir Arhipov from the Centre Party Group took the floor during the debate. Non-attached Member of the Riigikogu Varro Vooglaid also took the floor.

77 members of the Riigikogu supported the passing of the Resolution, and one was against.

19 Bills passed the second reading

The Bill on Amendments to the Code of Criminal Procedure and Other Acts (optimisation of court proceedings and public access to court decisions) (560 SE), initiated by the Government, passed the second reading in the Riigikogu. It will make court proceedings more flexible and faster, and resolve the main ways of malicious procrastination, such as absences from hearings without reason, the presentation of surprise evidence during the proceedings and the frequent change of defence counsel.

The bill will expand the possibilities of court hearings in situations where the accused evades the court. At present, a hearing cannot normally be held without the accused, but according to the Bill it will also be possible to hold a hearing without the accused being present in the courtroom all the time. The Bill will provide for the possibility of appointing a substitute defence counsel by way of state legal aid so that proceedings do not remain pending because of substitutions.

The Bill will also allow the parties to agree on aspects in which they do not have a dispute and which do not need to be investigated within the framework of court proceedings; give the court the opportunity to set a reasonable time for speeches made at the court hearing; specify the rules of adversarial examination to avoid disputes over the order of questioning, and make it easier to conduct a trial via a video bridge.

Non-attached Members of the Riigikogu Peeter Ernits and Varro Vooglaid took the floor during the debate.

The Bill on Amendments to the Nature Conservation Act and Other Acts (612 SE), initiated by the Government, passed the second reading. The Bill will specify the procedure for placing natural objects under protection and make derogations in nature conservation restrictions to meet the national defence objectives.

During the proceedings, amendments were made to the bill, the most important of which arise from the Chancellor of Justice’s recommendation to create legal clarity in shore and bank protection. Nature conservation restrictions must be justified and clearly worded. Local governments will gain more decision-making freedom in designating shore and bank protection zones in cities, towns and small towns, which aligns with the direction of the national spatial plan to densify existing densely populated areas.

The bill will provide how compensation and mitigation areas will be designated the purpose of which will be to offset the impact of activities that harm a species or habitat. Compensation and mitigation areas will be coordinated with the Environmental Board and entered into the Estonian Nature Information System.

The role of the local government as the entity bringing comprehensive plans into effect is to balance various interests so that construction does not jeopardize the objectives of shore and bank protection. In certain cases, it is necessary to provide for the determination of the value of a plot of land and the forest growing on it.

The bill will specify the extent of the building exclusion zone on banks and shores in areas at risk of flooding. It will be specified that all restrictions begin at the shoreline, and if a flooding extends beyond the width of the building exclusion zone established by law, the boundary of the flooding area will be the boundary of the zone. Under the bill, the building exclusion zones of shores and banks may be reduced only with the consent of the Environmental Board outside cities, towns and small towns.

According to the bill, for the purpose of public good, it will be possible to permit, by a discretionary decision which means a lower time and resource cost, sports and recreational facilities intended for public use for which it is not necessary to reduce the building exclusion zone by spatial planning to be built in building exclusion zones, and in the future the local government will decide on permitting them in a building exclusion zone in a city, town or small town.  Local authorities may extend the building exclusion zone of a shore or bank by a comprehensive plan.

 The bill will provide the possibility that nature conservation work does not always have to be carried out with the permission of the Environmental Board in areas important for national defence. For example, restoration of mire habitats may be waived for reasons of national defence if it does not have a major impact on nature conservation and the damage to nature can be mitigated in other ways. During increased defence readiness, mobilisation, demobilisation, state of emergency or state of war, buildings may be constructed in the building exclusion zone without the consent of the Environment Board.

The bill will also amend the Hunting Act to allow for the issuance of electronic hunting permits. The management of hunting-related data will be consolidated into the hunting information system.

Tiit Maran from the Social Democratic Party Group and Andres Metsoja from Isamaa Parliamentary Group took the floor during the debate.

Isamaa Parliamentary Group moved to suspend the second reading of the Bill, but the motion was not supported. 13 members of the Riigikogu supported suspension of the deliberation, 48 were against and there was one abstention.

The Bill on Amendments to the Language Act, the Statutory Fees Act and the Basic Schools and Upper Secondary Schools Act (740 SE), initiated by the Government, passed the second reading. It will centralize the organization of language learning into the area of administration of the Ministry of Education and Research in order to end fragmentation between several ministries and ensure more functional solutions for society and the labour market.

The purpose of the Bill is to improve compliance with the requirements for the use of the Estonian language and to enhance supervision. Supervision of compliance with language requirements will become stricter and non-compliance levies and fines will be increased. According to the Bill, the upper limit of non-compliance levy will increase from EUR 640 to EUR 1,280 for private individuals, and to 9,600 for legal entities. The rates of the fines for legal entities for violating the obligation to use the Estonian language will also be adjusted. An upper fine limit of EUR 10,000, and up to EUR 15,000 in certain cases with a wider impact, will be provided for. Currently, non-compliance levies and fines are small, which often means that non-compliance levies and fines are paid where necessary, but the activity is not corrected.

The bill will introduce a broader definition of the language of administration into the Act. Estonian-language administration will be required in all bodies providing public sector services, as well as in bodies governed by public law, and in municipalities. Thus, according to the Bill, administration will be expected to be in Estonian, for example, in universities and municipal councils and committees where discussions will have to be held in Estonian. Exceptions to language requirements remain in place for top specialists and teachers temporarily arriving from abroad in international and foreign-language curricula.

The Bill will establish a statutory fee of EUR 50 for taking the language exam at the same level for the third or subsequent time so that the exam is not used as a learning tool. Currently, many appeals are filed in the hope that the exam result will improve. The Bill will add the possibility that the result may also fall.

The distribution of grants and scholarships will also be consolidated into a single system in order to reduce administrative burden and improve the targeting of funding.

During the proceedings, an amendment was incorporated into the bill, according to which two historical language varieties of the regional varieties of the Estonian language would be specified in the Language Act. The current provision according to which the state promotes the protection, use and development of the regional varieties of the Estonian language will be given clearer content. According to an amendment, language varieties that have developed in the historical language areas of North and South Estonia are regional varieties of the Estonian language. In a traditional usage area of a regional variety of the Estonian language, a text in accordance with the Literary Standard may be accompanied by a text of the same content in the corresponding variety.

The motion to amend is based on requests from communities and linguists to grant regional language varieties stronger legislative status and to distinguish between the North Estonian and South Estonian varieties of the Estonian language, while treating all language varieties equally.

 Anti Allas, Madis Kallas, Riina Sikkut and Tiit Maran from the Social Democratic Party Group and Tõnis Lukas and Urmas Reinsalu from Isamaa Parliamentary Group took the floor during the debate.

The Bill on Amendments to the Building Code and Other Associated Acts (743 SE), initiated by the Government, passed the second reading. It will update construction law and make construction and planning processes simpler, faster, and more flexible.

The major amendments proposed in the bill concern design specifications. According to the Bill, it will no longer be necessary to amend the detailed spatial plan and instead it will be sufficient to specify the design specifications if a smaller outbuilding such as a sauna, shed, or garage is to be added to the plot. It will also be sufficient to specify the design specifications if a person wishes to change the ground projection area or number of floors of a building to be constructed, specify the type of civil engineering works, for example, replace electric heating with ground source heating, or build a shelter next to a new building. Every new building will need to have a shelter in the future.

It is planned to abandon the requirement to apply for a use and occupancy permit in the case of private houses and semi-detached houses. According to the Bill, a simplified use and occupancy notice in the register of buildings which reflects the basic data of the building will be sufficient. According to the bill, the validity of the building notice will be extended to four years. This will mean that, in the event of a delay in construction, it will not be necessary to notify the local government several times.

The bill also introduces changes to the legalization of old buildings in the register. The entry of buildings without a legal basis into the register will become clearer, giving people the opportunity to enter their registered immovables and buildings into the register correctly. The safety of a building will be the prerequisite for legalization for buildings constructed before 1 July 2015, and buildings constructed before 22 July 1995 will automatically be deemed to be legal. In addition, the previous statutory fee of EUR 500 which had to be paid when entering unauthorized buildings into the register will be abolished.

During the proceedings, an amendment was made to the bill, specifying the definition of the remodelling of a utility network line or utility work and providing that, among other things, a situation where a utility network line or utility work is demolished and an essentially similar utility network line or utility work is built in its place will also be deemed to be remodelling.

The bill was also amended to include a section that would allow for electronic communications infrastructure to be deployed as part of public roads. The purpose of the amendment is to ensure the cost-effective deployment of electronic communications infrastructure and to exploit the benefits of the synergies of joint construction. The explanatory memorandum states that this way it will be possible to avoid later additional costs and the possibility that roads that have already been built will have to be rebuilt later.

Aivar Kokk from Isamaa Parliamentary Group took the floor during the debate.

The Bill on Amendments to the Consumer Protection Act and the Explosives Act (779 SE), initiated by the Government, passed the second reading. Its idea is to protect consumers from unfair commercial practices and to ensure that green-related claims used as sales arguments for products are actually true.

If a trader wants to use claims such as “environmentally friendly,” “biodegradable,” or “energy efficient” when marketing their products, then under the bill they will have to prove the truthfulness of their claims and obtain confirmation from an expert. According to the bill, self-invented sustainability labels and claims that mislead consumers about products’ lifespan and repairability will be prohibited in the future. Labels will have to be based on a certification scheme or be established by public authorities. The Consumer Protection and Technical Regulatory Authority, which is already exercising supervision over the use of unfair commercial practices, will begin to exercise supervision.

During the proceedings, the bill was amended to specify that producers and traders may use a corrective label for one year for goods and packaging produced before the entry into force of the new requirements, that is, before September 27 of this year, if the environmental claims or sustainability labels presented on the packaging of goods do not comply with the new requirements.

The Bill on Amendments to the Postal Act, the Competition Act and the Statutory Fees Act (781 SE), initiated by the Government, passed its second reading. It will modernize the Estonian postal market.

In the area of traditional postal services, it is essentially a monopoly market, while there is active competition in courier services. The changing market and international trends necessitate a renewal of the organization and financing of the universal postal service and the requirements applicable to the entire postal market. The bill will simplify the licensing procedure for the provision of postal services and licensing will remain mandatory only for the provision of the universal postal service. Submission of a notice of economic activity will be sufficient for other postal services.

During the proceedings, an amendment was made to the bill, which would include the service of delivering periodical publications within the scope of the universal postal service. In addition, the establishment of a maximum affordable price for the universal postal service will be abandoned and replaced with a justified price coordinated by the Competition Authority and established by the minister, where the principle of cost-based pricing will be taken into account.

 Aivar Kokk, Mart Maastik and Urmas Reinsalu from Isamaa Parliamentary Group and Vladimir Arhipov from the Centre Party Group took the floor during the debate.

Isamaa Parliamentary Group moved to suspend the second reading of the Bill, but the motion was not supported. 20 members of the Riigikogu supported suspension of the deliberation but 46 were against.

The Bill on Amendments to the Public Procurement Act and Other Acts (788 SE), initiated by the Government, passed the second reading. Its aim is to make public procurement procedures simpler and faster and to reduce administrative burden. For this purpose, the rules for procurements falling below the international threshold will be significantly simplified, and the current three-tier threshold system will be abolished, leaving only the simple procurement and the international threshold. At the same time, the values for simple procurement thresholds will be raised to align them to the changed economic situation.

According to the explanatory memorandum, the abolition of the public procurement threshold and the expansion of the simple procedure will simplify almost half of public procurements and increase the proportion of small purchases with a simpler procedure, while large-scale and higher-risk contracts will still remain under stricter control. In addition, the bill will establish a new simplified procedure for the network sector.

The bill will also make other amendments to reduce bureaucracy. For example, the contracting authority will be given the option to verify the conformity of only the most economically advantageous tender or to choose which optional grounds for exclusion to apply in a specific procurement. In order to organize public procurements in the field of national defence more quickly, the bill will establish an additional basis for using a negotiated procedure without prior publication.

The amendments made during the proceedings will exempt activities related to the production of renewable energy and its sale to the grid in Estonia from public procurement rules. In addition, an application for a public procurement exemption may also be submitted to the European Commission by a contracting entity as a market participant operating in the sector which currently does not have such a right.

Aivar Kokk from Isamaa Parliamentary Group took the floor during the debate.

The Bill on Amendments to the Energy Sector Organisation Act (812 SE), initiated by the Government, passed the second reading. It will implement the European Union regulation on the deployment of alternative fuels infrastructure. The bill will enable the creation of a comprehensive overview of the locations of recharging and refuelling points for electric and other alternative fuels and their availability, including whether chargers are currently vacant. This will improve consumers’ ability to plan their movement and will support the development of mobility services and digital solutions.

The amendments will concern operators of recharging and refuelling infrastructure as well as providers of digital services that aggregate and display movement information to consumers. The bill will primarily affect larger energy and fuel companies and infrastructure operators, including Enefit, Eleport, Alexela, Elektrum, Terminal, Neste, Ignitis, and Circle K. They will have an obligation to make infrastructure data available in a standardized manner which will increase the administrative burden to some extent but will improve the quality of services and the reliability of the data.

The bill will designate the Transport Administration as the competent authority and propose the Estonian open data portal as the national access point. The establishment of the national access point function will be funded within the framework of the data management reform of the Estonian Recovery and Resilience Plan.

Mart Maastik from Isamaa Parliamentary Group took the floor during the debate.

The Bill on Amendments to the Estonian Public Broadcasting Act (819 SE) initiated by the Social Democratic Party Parliamentary Group and Members of the Riigikogu Jaak Aab, Ester Karuse, Tanel Kiik, Andre Hanimägi and Züleyxa Izmailova, passed the second reading. Its aim is to improve the gender balance and political independence of the Estonian Public Broadcasting Council.

According to the Bill, the Estonian Public Broadcasting Council will have to include people of both sexes. According to the initiators, representatives of both genders bring different experiences, perspectives, and knowledge to the decision-making process of the council, which reduces the risk of bias and increases the credibility of the Public Broadcasting and its council.

During the proceedings, five amendments were proposed to the bill, three of which would enhance the political independence of public broadcasting. The Committee amended the bill to include a provision according to which the number of representatives elected from among recognized experts in the field of activity of the Estonian Public Broadcasting on the Supervisory Board would have to exceed the number of parliamentary groups in the Riigikogu by one, in order to ensure the independence of public broadcasting. According to the current Act, four experts are appointed to the council, but there are currently six parliamentary groups in parliament. It will also be provided that the Riigikogu will have to appoint recognized experts in the field to the Estonian Public Broadcasting Council through an open competition.

The bill was also supplemented with a provision according to which a sectoral expert may not be a member of the governing body of a political party, and it was specified what kind of working relationship a council member may have with a media service provider. According to an amendment, a member of the council will not be allowed to work in a management position at a media service provider or perform work where he or she can decide on the media service provider’s activities, programme, or editorial content, for example as an editor-in-chief or news director.  At the same time, the wording will not prevent individual contributions or participation in discussions.

In addition, the bill was supplemented with the principle according to which members of the council would be remunerated according to their attendance at council meetings. An amendment also provides that if no meeting is held in a calendar month, no remuneration will be paid to members of the council.

Mart Maastik, Tõnis Lukas, Urmas Reinsalu, Lea Danilson-Järg, Priit Sibul, Aivar Kokk and Helir-Valdor Seeder from Isamaa Parliamentary Group, Reili Rand, Tanel Kiik and Lauri Läänemets from the Social Democratic Party Group and Vadim Belobrovtsev from the Centre Party Group took the floor during the debate. Non-attached Member of the Riigikogu Peeter Ernits also took the floor.

Isamaa Parliamentary Group and the Centre Party Group moved to suspend the second reading of the Bill, but the motion was not supported. 13 members of the Riigikogu supported suspension of the deliberation but 53 were against.

 The Bill on Amendments to the Employment Contracts Act and Amendments to Other Associated Acts (837 SE), initiated by the Government, passed its second reading. Its aim is to simplify the rules for the employment of minors so that minors can be employed more flexibly than before and have better opportunities to gain early work experience and develop work habits. Early work experience helps improve young people’s starting position in the labour market and thereby helps prevent their long-term unemployment in the future.

Under the Bill, young people will be allowed to work more during school holidays. Under the current rules, a young person may work for half of their school holiday but in the future they will be able to work for up to two months during their summer holiday; they will be able to work for five days during a one-week school holiday and for ten days during a two-week school holiday.

While currently young people, depending on their age, may work in family businesses only in the fields of culture, art, sports, and advertising, according to the bill, this restriction will disappear and young people will be able to work in family businesses in any field. The period for processing the Labour Inspectorate’s permit required before hiring a minor aged 7–12 will also be shortened to allow, for example, the organizer of a youth work camp to quickly hire a young person on the camp’s waiting list if a young person who has been accepted into the camp withdraws from participation in the camp immediately before the work begins. The annual basic leave for minor employees will also be brought in line with that of adults—it will be 28 calendar days.

The content of the bill was significantly expanded during the proceedings. In addition to simplifying the conditions for the employment of minors, the bill had been amended by including extensive and fundamental changes to labour law, including the transposition of EU directives, a regulation on wage transparency, and the creation of a salary comparison tool as a new national digital solution. The salary comparison tool will be for voluntary use by employers.

During the debate, Priit Sibul, Aivar Kokk and Urmas Reinsalu from Isamaa Parliamentary Group took the floor, and Tanel Kiik spoke on behalf of the Social Democratic Party Group.

 The Bill on Amendments to the Credit Institutions Act and Other Acts (governance and operational requirements for credit institutions) (848 SE), initiated by the Government, passed its second reading. It will update the governance and operational requirements for credit institutions and investment firms in accordance with the European Union banking package.

The bill will specify the rules for the governance and risk management of banks and establish clearer requirements for the selection of managers and key function holders as well as for compliance. The bill will also streamline the system of committees of banks to make their tasks and the formation of the committees clearer. During the proceedings, an amendment was made to the bill that would grant credit institutions additional time to establish the necessary committees and comply with the requirements.

In addition, the bill will specify the rules for bank mergers, the transfer of assets, and the establishment of branches of third-country banks and grant the Financial Supervision Authority additional supervisory tools.

Urmas Reinsalu from Isamaa Parliamentary Group took the floor during the debate.

Isamaa Parliamentary Group moved to suspend the second reading of the Bill, but the plenary did not support the motion. Seven members of the Riigikogu supported suspension of the deliberation but 33 were against.

The Bill on Amendments to the Higher Education Act and Amendments to Other Associated Acts (849 SE), initiated by the Government, passed its second reading. It will amend the organisation of higher education in order to increase the flexibility of study opportunities, strengthen the sustainability of the financing of higher education institutions, and improve the conformity of studies with labour market needs.

The Bill will provide universities with additional opportunities to attract private funding. Higher education institutions will be able to charge tuition for studying in one-year Estonian-language master’s study programmes. Currently, higher education institutions in Estonia have 30 master’s study programmes lasting less than two years, but universities wish to open new programmes as well.

It will also be possible to require reimbursement of student expenses from third-country nationals who come here for doctoral studies. 40 percent of people studying for a doctorate are foreigners, three-quarters of whom are from third countries. Currently, they cannot be charged tuition.

The Bill will also update the pharmacy study programme so that it would better meet the needs of the labour market. In the future, the pharmacy study programme may be organised on the basis of separate bachelor’s and master’s study programmes. Currently it is an integrated study. After completing a bachelor’s study programme of assistant pharmacist, graduates can start working in general and hospital pharmacies. In order to work as a pharmacist, they will have to complete a master’s study programme, which will enable them to also assume employment as researchers in pharmaceutical industry.

The regulation of the Higher Education Quality Agency will be brought to the level of law and supervision to be exercised over higher education institutions will be provided for.

During the proceedings, an amendment was made to the bill with the aim of ensuring that the career model for vocational education institutions of professional higher education institutions would not be applied in professional higher education institutions, in order to avoid duplicative quality assessment in higher and vocational education.

The Bill on Amendments to the Administrative Procedure Act and the Public Information Act (866 SE), initiated by the Government, passed its second reading. Its aim is to establish a clear and technology-neutral legal framework for automated administrative procedures.

An automated administrative procedure is a procedure in which decisions are made and acts are performed automatically, without direct human intervention, using information technology solutions. Automated procedures are already used in several fields, but there is no explicit legal framework that would define the limits of implementing automated administrative proceedings.

The purpose of the amendments is to ensure the speed, efficiency, and legitimacy of administrative proceedings in order to provide better-functioning and more person-centred services and to strengthen trust in the state. The Bill will provide for clear notification regarding the functioning of automated administrative procedure so that a person would know why a decision is made regarding them and what options they have to challenge the decision.

The Bill on Amendments to the Courts Act and Other Acts (speeding up court proceedings) (854 SE), initiated by the Government, passed the second reading. It will make amendments to courts administration, civil and administrative court proceedings, and court fees to speed up court proceedings. The amendments to procedural law are intended to simplify the hearing of simple cases in order to optimise and reduce the workload of the courts. For example, in administrative court procedure, in clear-cut cases, the court will be able to make a decision during the preliminary procedure without holding a hearing.

The aim of the changes to the court system is to streamline court administration and improve the organization of the work and specialization of the courts in order to speed up the hearing of more complex cases. According to the Bill, the courts of first instance and the courts of appeal will become independent constitutional institutions alongside the Supreme Court in terms of court administration and budgetary procedure. The strategic management of the court system will be directed by the council of courts, and the day-to-day support services for the courts will be organised by a new court administration service. In order to increase the specialisation of judges, the Bill will provide for nine areas of specialisation instead of the current two. In addition, the system of lay judges will be abolished.

According to the explanatory memorandum, raising the rates for statutory fees in civil and administrative court proceedings will help at least partially cover the increase in operational costs of courts, prevent malicious and non-viable legal recourse applications, and encourage parties to disputes to reach a compromise. Fees will increase by an average of 50 per cent in civil cases, and by an average of 200 per cent for appeals to administrative courts. Less well-off people will retain the opportunity for financial aid, and applicants for international protection will be exempt from statutory fee.

During the proceedings, several amendments were incorporated into the bill, one of which provided that there would be a total of 164 judge positions in district courts, 47 in circuit courts of appeal, and 25 in administrative courts. The amendment will not preclude a temporary increase in the number of judges in exceptional cases provided for by law but will ensure that the normal functioning of the court system is based on a clearly defined number of judges. In addition, the amendments will raise the maximum age limit for judges to 71 years and abolish the procedure for extending the age limit.

Maris Lauri from the Reform Party Group took the floor during the debate.

The Bill on Amendments to the Riigi Teataja Act (879 SE), initiated by the Government, passed its second reading. It will establish the legal basis for a new database of draft legislation, Sätla, so that the entire life cycle of a legislative act, from its initiation to its publication in the Riigi Teataja, could be followed in a single environment. The new database will make it possible to involve various parties and stakeholders in policy-making at an early stage.

According to the specified wording, the state co-creation environment Sätla is a database in which draft legislation and drafts of other documents are prepared and processed, and the relevant procedural information is disclosed until the documents are approved or signed and published in the Riigi Teataja or pursuant to another procedure provided by legislation.

Once the environment is ready, the database will also replace the current draft legislation information system. With the help of the new functions, the officials involved in legislative drafting will save an estimated 1,855 working days per year on technical work. In addition, the new database will support the transition from document-based legislative drafting to a data-based approach, which will improve the usability of data and create conditions for further automation.

The Bill on Amendments to the Anti-corruption Act, the Penal Code and the Taxation Act (900 SE), initiated by the Government, passed its second reading. It will specify the regulation relating to procedural restrictions for officials, including the necessary elements of the crime of violation of a restriction.

The Bill will formulate more clearly the definitions of “procedural restriction” and “connected person” and amend the procedures for notifying of exceptions and for disclosure. Among other things, it will be specified that an official will have to withdraw themselves even when they are required to make a decision regarding themselves as a private individual or in a matter involving a benefit related to themselves.

The Bill will create exceptions for health care professionals, researchers, and lawyers in cases where the existing restrictions unreasonably hinder their professional work. Health care professionals will not have to apply procedural restrictions in respect of connected persons where the provision of a healthcare service does not create a significant undue advantage for them or a person connected to them. Nor will procedural restrictions be applied to attorneys-at-law and assistant attorneys-at-law when they provide legal services, or to employees of public universities and state-owned professional higher education institutions when research results are implemented in practice in the process of knowledge transfer.

The Bill will specify the necessary elements of the crime of violation of a procedural restriction so that criminal liability will apply only in cases where the conduct of an official creates unequal or unjustified advantages from the point of view of public interest. In addition, the bill will impose an obligation on people who submit declarations of interests to declare their holdings and claims in crowdfunding projects, as well as whether they are beneficial owners of companies.

The Nuclear Energy and Safety Bill (856 SE), initiated by the Government, passed the second reading. It will establish a legal framework for the production and use of peaceful nuclear energy in Estonia. The bill will set out the rules for selecting the location of a nuclear power plant and its construction, testing, and operation, as well as its decommissioning, and the final disposal of nuclear waste.

The function of the national nuclear regulator, along with all the rights and obligations associated with that role, will be established under the Consumer Protection and Technical Regulatory Authority. Among other things, the bill will establish a phased licensing system for the construction of a plant, consisting of a preliminary assessment, a construction license, a testing license, an operating license, and a decommissioning license. According to the bill, the nuclear regulator will begin operations on 1 January 2027.

The Bill will also establish the principle that the developer and operator of a nuclear power plant bears full responsibility for the safety of the facility and for the costs incurred at the end of its life cycle. A national decommissioning fund will be established for the decommissioning of the nuclear power plant; during the plant’s operational life, the operator will contribute funds to it for dismantling the plant and the final disposal of waste. The bill will also provide for the principles for nuclear security, physical protection, emergency preparedness, and the implementation of international safeguards.

During the proceedings, an amendment was incorporated into the bill to add an additional level of political decision-making to the procedure for constructing a nuclear power plant: in addition to the nuclear regulator and the government, the Riigikogu will also have to give its approval when deciding on the construction of a nuclear power plant.

 The Bill on Amendments to the Atmospheric Air Protection Act, the Environmental Charges Act and the Statutory Fees Act (861 SE), initiated by the Government, passed the second reading. Its purpose is to bring national law into line with the European Union’s updated air quality framework and to reduce the administrative burden on companies with a lower environmental impact as well as the workload of the Environmental Board.

An EU directive establishes stricter air quality limit values than before and specifies requirements for air quality monitoring, data availability, and public information. The implementation of the bill will help improve the living environment of Estonia’s residents, reduce health damage caused by pollution, and meet the EU’s climate and environmental objectives.

The bill will mainly introduce new requirements for the state and, to a lesser extent, for local governments. From 2030, operators will have to comply with new air quality limit values, which means that companies will have to assess whether their activities comply with the new air quality limit values and, if necessary, implement measures to ensure compliance. The amendments also concern the role of municipal governments in improving air quality. If air quality limit values or target values are exceeded or there is a risk of them being exceeded, the municipal government will have to draw up an air quality plan or roadmap and involve the operators of emission sources in it.

For making the monitoring and data public, an air quality index will be provided which will be based on the methodology of the European Environment Agency and will be updated once an hour. Since stricter air pollution limit values will start to apply to existing 1–5 MWth combustion plants, this will bring about a need to amend the air pollution permits for 449 boiler plants. In this regard, an amendment to reduce bureaucracy will be made which will allow small boiler plants to switch to simple registration instead of applying for an air pollution permit.

The Bill on Amendments to the Securities Market Act and Other Acts (882 SE), initiated by the Government, also passed the second reading. Its aim is to develop the Estonian capital market, simplify the raising of financing for companies and expand investment opportunities. The amendments are largely based on European Union regulation.

The bill will make going public on the stock exchange more flexible for companies by reducing the requirement for freely tradable shares from 25 percent to 10 percent. If this condition is not met either, the market operator will be able to assess adequacy based on other criteria, such as the number of investors or the market value of the company. This will create an opportunity for more companies to go public.

The availability of investment research will also be improved so that investors would have more reliable information. To this end, restrictions on the funding of research reports will be eased, and a clearer framework will be established for issuer-funded research reports to ensure their transparency.

In addition, the creation of growth markets intended for small and medium-sized enterprises will be simplified which will help them raise capital at an earlier stage of development and will support the development of entrepreneurship.

The second reading of a Bill was adjourned

The second reading of the Communicable Diseases Prevention and Control Bill (889 SE), initiated by the Government, was adjourned at Wednesday’s sitting of the Riigikogu due to the end of the working hours. The bill will reduce bureaucracy related to vaccination in schools, specify definitions and requirements related to infectious diseases, and establish modern principles for responding in the event of disease outbreaks and crises.

The bill will change the organization of the vaccination of children in schools and provide that parents who agree to their child being vaccinated will no longer have to submit a separate written consent to the school nurse. Vaccination remains voluntary, and parents who do not wish to have their child vaccinated may continue to refuse.

The bill will abolish the requirement for a health certificate for catering establishments. The health certificates currently required are formal in nature and may not reflect the real situation or provide protection. Employers remain responsible for preventing the spread of infectious agents and protecting at-risk groups in the workplace.

The bill will also increase the protection of people’s health in nursing homes. Infection control requirements will be expanded from healthcare institutions to other high-risk environments as well, including 24-hour care facilities, to prevent the spread of infectious diseases.

The second reading of the bill will continue with the debate at Thursday’s sitting starting at 10 a.m.

The deliberation of five other Bills will be deferred

The deliberation of four Bills initiated by the Government will be deferred from the agenda for Wednesday’s sitting due to the end of the working hours. The second reading of  the Bill on Amendments to the Estonian Defence Forces Organisation Act and Amendments to Other Associated Acts (898 SE), the Bill on Amendments to the Child Protection Act and Other Acts (901 SE), the Bill on Amendments to the Law Enforcement Act and Amendments to Other Acts arising therefrom (role allocation for the monitoring and countering of unmanned vehicles) (902 SE) and the Bill on Amendments to the Estonian Defence Forces Organisation Act and Amendments to Other Associated Acts (alert duty)  (907 SE) is deferred to the agenda for Thursday’s sitting.

In addition, the first reading of the Bill on Amendments to the Family Benefits Act  (869 SE), initiated by Members of the Riigikogu Lea Danilson-Järg, Helir-Valdor Seeder, Tõnis Lukas, Jaanus Karilaid, Priit Sibul, Andres Metsoja, Henn Põlluaas and Ants Frosch, is deferred to the agenda for Thursday’s sitting.

Wednesday’s sitting ended with the chair of the sitting declaring a recess at 9.38 a.m. on Thursday.

Photos Erik Peinar / Chancellery of the Riigikogu

Verbatim record of the sitting (in Estonian)

Video recording will be available to watch later on the Riigikogu YouTube channel.

Riigikogu Press Service
Karin Kangro
+372 631 6356, +372 520 0323
[email protected]
Questions: [email protected]