The Acts approved by the Riigikogu update the Estonian Academy of Sciences Act and solve problems that have arisen in the implementation of agricultural policy.

At its today’s plenary sitting, the Riigikogu passed the Act on Amendments to the Estonian Academy of Sciences Act (514 SE), initiated by the Cultural Affairs Committee. Its purpose is to update and simplify the Act and to eliminate several procedural restrictions on the academy’s internal decision-making processes.

The Act repeals obsolete provisions, omits from the Act the provisions describing the internal structure and decision-making processes of the Academy in too much detail, and brings the terminology of the Act in line with commonly used terms.

The principle of the autonomy of academic institutions, as enshrined in the Constitution, is more clearly defined and the organisation of the internal structure of the academy is left to the academy’s discretion. Thus, the conditions are created for more operational performance   of the academy’s tasks and mission.

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

The Riigikogu also passed the Act on Amendments to the European Union Common Agricultural Policy Implementation Act and the Feed Act (546 SE), initiated by the Government. It is intended to bring the Act into conformity with European Union legislation and to solve problems that have arisen in practice.

A social conditionality system is established for farms and farmers which links area- and animal-based payments to the compliance with the working and employment conditions and employer obligations. Amendments are also made in the measures for the common organisation of the markets in agricultural products that concern school schemes, quality and composition requirements, and the implementation of marketing standards. In the future, the Minister will be able to establish the more specific conditions for granting school scheme aid by a regulation.

The Act also provides for measures to strengthen the protection of geographical indications.

55 members of the Riigikogu voted in favour of passing the Act and 21 voted against.

The parliament concluded the first reading of two Bills

The Bill on Amendments to the Social Benefits for Disabled Persons Act and Amendments to Other Associated Acts (561 SE), initiated by the Government, changes the upper age limit for a disabled child from 16 to 18 years of age, which means that in the future it will be possible to determine the degree of severity of disability in children up to the age of 18, and the assessment of work ability will start from the age of 18. This will ensure equal treatment of children which will also be more understandable for parents because in the future a child is a person under the age of 18 in the Child Protection Act, the Social Benefits for Disabled Persons Act as well as the Work Ability Allowance Act. The amendment is in line with an amendment to the Education Act which raises the age of compulsory school attendance to 18 years.

During the debate, Irja Lutsar took the floor on behalf of Estonia 200 Parliamentary Group.

The Bill on Amendments to the Farm Animals Breeding Act (551 SE), initiated by the Government, will re-transpose the relevant European Union directive and establish a regulation for horse competitions which was mistakenly omitted when the new version of the Act was adopted. According to the Bill, the conditions for competitions for equidae and the requirements for prior notification of the organisation thereof will be established. The conditions for competitions may not discriminate between equidae which are registered in Estonia and originate in Estonia and equidae of another Member State. The requirement will not apply at competitions for the improvement of the breed and at traditional events. According to the bill, by December 15 at the latest, the organizer of a competition will have to inform the Agriculture and Food Board of a competition planned for the following year in which the prohibition of discrimination is not taken into account and justify to the board the need to discriminate between animals.

The Riigikogu supported two proposals of the Chancellor of Justice

The Riigikogu approved the proposal of the Chancellor of Justice to bring the Industrial Emissions Act into conformity with the Constitution. Chancellor of Justice Ülle Madise noted that complex activities with the most harmful impact on the environment required a valid integrated permit which since 15 January last year could be with a time limit instead of a permit without a time limit. However, the Act does not specify any substantive criteria on the basis of which to decide whether an integrated permit should be with or without a time limit.

According to Madise, the provision is so general that it puts all parties in an uncertain situation. At the same time, it is also difficult for the court to verify the legitimacy of an official’s decision if there are no bases in the law for assessing the compliance of the permit with the law. In order for a time limit not to be established arbitrarily, either the provision will have to be declared to be invalid or the conditions for setting a time limit will have to be provided for.

During the debate, Andres Metsoja took the floor on behalf of Isamaa Parliamentary Group, Igor Taro on behalf of Estonia 200 Parliamentary Group and Tiit Maran on behalf of the Social Democratic Party Group. Non-attached Member of the Riigikogu Kalle Grünthal also took the floor.

61 members of the Riigikogu voted in favour of the motion. Consequently, the Environment Committee was instructed to initiate a Bill to bring the Industrial Emissions Act into conformity with the Constitution.

The Riigikogu also supported the proposal of the Chancellor of Justice to bring a provision of the Electricity Market Act into conformity with the Constitution. Under it a company that generates electricity from waste is deprived of subsidy if the state has failed to achieve the targets set for reuse and recycling of municipal waste.

Chancellor of Justice Ülle Madise pointed out that the provision which had entered into force last year had begun to be implemented from 1 January this year and consequently Iru power plant had been deprived of subsidy while the state had given a temporary promise to pay subsidy until 2 July this year. The purpose of the subsidy was to encourage companies to make investments that they might not otherwise have made, and the subsidy was promised for 12 years.

According to Madise, the producer has acquired the right to receive the subsidy before this provision entered into force and the producer could not have foreseen the establishment of such a restrictive condition. This is contrary to the principle of legitimate expectation, as the state had previously confirmed that the subsidy would be paid for the entire subsidy period, i.e. 12 years, provided that the conditions in force at the time the subsidy was granted were met.

During the debate, Aleksandr Tšaplõgin took the floor on behalf of the Estonian Centre Party Group and Mart Maastik on behalf of Isamaa Parliamentary Group. Non-attached Member of the Riigikogu Kalle Grünthal also took the floor.

At the vote, 77 members of the Riigikogu supported the proposal of the Chancellor of Justice. Consequently, the Economic Affairs Committee was instructed to initiate a Bill to bring the Electricity Market Act into conformity with the Constitution.

Verbatim record of the sitting (in Estonian)

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

Riigikogu Press Service
Merilin Kruuse
+372 631 6592; +372 510 6179
[email protected]
Questions: [email protected]