Väljasõidukohustuse ja sissesõidukeelu seadus (VSS)

§ 1. Scope of application of Act

(1) This Act regulates the determination of the obligation to leave of a foreign national and provides the bases and procedure for the application of the obligation to leave and prohibition on entry in respect of a foreign m national.

(1²) This Act regulates the conduct of a screening on a foreign national and the procedure for the obligation to leave at the border to the extent not regulated by:

1) Regulation (EU) 2024/1356 of the European Parliament and of the Council establishing a background check of third-country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817 (OJ L, 2024/1356, 22.05.2024);

2) Regulation (EU) 2024/1349 of the European Parliament and of the Council establishing a return procedure at the border and amending Regulation (EU) 2021/1148 (OJ L, 2024/1349, 22.05.2024).

(2) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act. The provisions of the Administrative Procedure Act do not apply to proceedings of application of a prohibition on entry.

(3) The provisions of this act apply taking account of the specifications provided for in an international agreement binding to the Republic of Estonia.

§ 1¹. Foreign national

(1) For the purposes of this Act a foreign national is a person who is not an Estonian citizen or the citizen of a Member State of the European Union or of a Member State of the European Economic Area or the Swiss Confederation.

(2) For the purposes of this act a person who is a family member of the citizen of a Member State of the European Union, a member state of the European Economic Area or the Swiss Confederation who has the right to stay or reside in Estonia is not considered a foreign national.

§ 1². Unaccompanied minor foreign national

(1) An unaccompanied minor foreign national is a foreign national under 18 years of age who arrives or has arrived in Estonia without a parent or a guardian or another responsible adult or who loses a parent, guardian or another responsible adult during the stay in Estonia.

(2) It is assumed that a parent, guardian or another responsible adult staying in Estonia together with the minor has legal custody. At the request of the Police and Border Guard Board or the Estonian Internal Security Service a parent, guardian or another responsible adult is required to prove the existence of legal custody.

(3) A minor specified in subsection 1 of this section to whom a guardian has been appointed by the court in Estonia is not deemed to be an unaccompanied minor foreign national.

§ 1³. Representation of unaccompanied minor and adult foreign national with restricted active legal capacity

(1) Procedural acts arising from this Act may not be performed by an unaccompanied minor foreign national without a legal representative, unless otherwise provided by this Act.

(2) The provisions of the Family Law Act are applied to the representation of an unaccompanied minor foreign national and an adult foreign national with restricted active legal capacity, taking into account the specifications provided in § 15 of the Act on Granting International Protection to Foreign Nationals concerning the appointment of a representative of an unaccompanied minor foreign national and the procedure regulated by this Act.

§ 1⁴. Determination of age of minor foreign national

(1) Where the Police and Border Guard Board or the Internal Security Service have reasonable suspicion as to the accuracy of the data submitted concerning the age of a foreign national, medical examinations may be carried out with the consent of the foreign national, their guardian or a person performing the duties of a guardian in order to determine the age of the foreign national.

(2) Where a foreign national refuses to undergo medical examinations to determine the age for a good reason, the Police and Border Guard Board or the Estonian Internal Security Service deem the person to be an adult, unless the person is manifestly a minor.

(3) The Police and Border Guard Board or the Estonian Internal Security Service notifies a foreign national and their guardian or a person performing the duties of a guardian in Estonia of the medical examinations specified in subsection 1 of this section, of the manner in which such examinations are carried out and the consequences that may arise in case the foreign national refuses to undergo medical examinations.

(4) The Police and Border Guard Board or the Estonian Internal Security Service decides whether a foreign national is treated as a minor or an adult.

(5) A decision to determine the age may be contested only together with an administrative act or an act performed during the proceedings during which the decision to determine the age was made.

§ 2. Legal bases for foreign nationals to stay in Estonia

(1) A legal basis must exist for a foreign national to stay in Estonia. Foreign nationals are prohibited to stay in Estonia without a legal basis.

(2) The legal bases for a foreign national to stay in Estonia (hereinafter bases for stay) are provided for in the Foreign Nationals Act.

(3) The legal bases for the citizens of the Member States of the European Union, citizens of the Member States of the European Economic Area or the Swiss Confederation and their family members of their stay and residence in Estonia (hereinafter bases for stay) are provided for in the Citizen of the European Union Act.

§ 3. Obligation to leave

(1) Obligation to leave is the obligation of a foreign national to leave Estonia that arises directly from law or from administrative legislation passed based on law or a court judgment.

(2) A foreign national who has no legal basis to stay in Estonia is required to leave immediately pursuant to law.

§ 4. Precept

(1) A precept is an administrative act which requires a foreign national who is staying in Estonia without a basis for stay in the cases and in accordance with the procedure provided in this Act to leave Estonia or, where applicable, to depart from the territory of another Member State of the Schengen Convention and of the European Union, or to legalise their stay in Estonia.

(2) A foreign national is required to comply with a precept within the shortest possible period.

§ 5. Expulsion

Expulsion is the enforcement of an obligation to leave in the cases and in accordance with the the procedure provided by law.

§ 6. Prohibition on entry

(1) Prohibition on entry is a preventive measure, the aim of which is to prevent an undesirable foreign national from arriving in Estonian and staying in Estonia.

(2) The Schengen entry ban prohibits a foreign national from entering and staying in the territory of Estonia and another Member State of the Schengen Convention and the European Union.

§ 6². General provisions of the procedure

(1) The provisions of §§ 13–15, 19, 21–23, subsection 1 of § 31, §§ 32, 36–40, 42, 270, 271, 281, 282 and 284 of the Foreign Nationals Act are applied to the proceedings provided in this Act.

(2) In an emergency caused by mass immigration and where the Police and Border Guard Board is not aware of the location of the foreign national in Estonia, the administrative authority may forgo the application of other methods of service of the administrative act and publish the personal data of the addressee of the administrative act and the operative part of the administrative act on the website of the administrative authority. Upon publication of the operative part of an administrative act on the website of the administrative authority, the administrative act is deemed to have been delivered to the foreign national and entered into force.

(3) In an emergency caused by mass immigration and where the Police and Border Guard Board is not aware of the location of the foreign national in Estonia, the administrative authority may forgo the application of other methods of notification of procedural documents and publish the personal data of the participant in the proceedings and the content of the procedural document on the website of the administrative authority. Upon publication of the procedural document, including the content of the summons, on the website of the administrative authority, the procedural document is deemed to have been served on the foreign national.

(4) The report of an action performed based on this Act, summons, notice or other document is considered delivered if the applicant has examined the document using the information technology tools of the competent administrative body and confirmed the receipt of the document with an electronic note. The document is given to the applicant on paper at the request of the applicant.

§ 6⁴. Monitoring expulsion of foreign national

(1) The purpose of monitoring the expulsion of a foreign national is to observe the compliance of the exercise of expulsion of a foreign national with the procedural requirements and provide opinions and recommendations on the exercise of the expulsion to the Ministry of the Interior.

(2) For the purposes set out in subsection 1 of this section the Ministry of the Interior, the Police and Border Guard Board or the Estonian Internal Security Service shall conclude an agreement with an agency, or a legal person governed by private law.

(3) An agency or a legal person governed by private law that is exercising the monitoring of expulsion of a foreign national shall be reliable and have the knowledge and skills required for assessment of the legality of the removal arrangements of a foreign national.

(4) The agreement specified in subsection 2 of this section shall grant an agency or a person performing monitoring of expulsion operations the right to process the personal data and other relevant data of a foreign national for the purpose of assessment and to the extent required.

§ 6⁵. Involvement of legal persons governed by private law

(1) The Ministry of the Interior, the Police and Border Guard Board or the Estonian Internal Security Service may involve a legal person governed by private law to assist in the compliance with the obligation to leave from Estonia of a foreign national.

(2) In order to involve a legal person governed by private law the Ministry of the Interior or the Police and Border Guard Board shall enter into a civil law contract with the legal person governed by private law, specifying the functions, rights, obligations and responsibility of the legal person.

(3) The contract referred to in subsection 2 of this section shall grant the legal person governed by private law the right to process the personal information and other relevant information concerning a foreign national for the purpose and to the extent specified in the contract.

§ 6⁶. Application for and granting of state legal aid

(1) A foreign national has the right to apply for state legal aid in accordance with the procedure provided in the State Legal Aid Act for the purpose of contesting a decision concerning a prohibition on entry, a precept to leave, a prohibition on entry applied within a precept to leave, a decision related to detention or expulsion.

(2) An application for state legal aid may be submitted in English.

(3) An application for state legal aid must be accompanied by a contested decision.

(4) State legal aid is not granted to a foreign national upon the occurrence of the condition provided in subsection 2 of Article 17 of Regulation (EU) 2024/1348 of the European Parliament and of the Council establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU (OJ L, 2024/1348, 22.05.2024). An appeal against the order refusing to grant state legal aid cannot be filed.

(5) A foreign national who has illegally crossed the external border may be granted state legal aid for contesting the expulsion or a precept to leave until the administrative court has issued a decision by which the appeal filed by the foreign national has been dismissed.

(6) Where a decision specified in subsection 1 of this section is contested by a foreign national in respect of whom the decision specified in clause 2 of subsection 2 of § 16 of the Act on Granting International Protection to Foreign Nationals has been made, the provisions of § 16 of the specified Act concerning free legal aid are applied to them. It is possible to apply for state legal aid under this section only where the person representing the foreign national under the procedure of legal aid does not meet the requirements provided in subsection 2 of § 32 of the Code of Administrative Court Procedure.

§ 6⁷. Protection of vulnerable persons

The administrative authority that is conducting the procedural acts in the proceedings provided for in this Act is required to take into account the specific needs of minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence.

§ 6⁸. Risk of absconding of foreign national

There is a risk of the foreign national absconding where:

1) the foreign national has failed to leave Estonia or another Member State of the Schengen Convention or the European Union after the expiry of the time limit for voluntary compliance with the obligation to leave imposed by the precept to leave;

2) the foreign national has submitted false information or a forged document upon entering Estonia, applying for a legal basis for the stay in Estonia or the extension thereof, for the Estonian citizenship, international protection or an identity document;

3) there is a reasonable suspicion as to the identity of the foreign national or their citizenship;

4) the foreign national has repeatedly committed intentional criminal offences or committed a criminal offence for which they have been sentenced to imprisonment;

5) the foreign national has not complied with the supervisory measures or other obligations arising from law applied to them;

6) the foreign national has notified the Police and Border Guard Board or the Estonian Internal Security Service, or an administrative authority concludes from their attitudes and behaviour that they do not wish to fulfil the obligation to leave;

7) the foreign national has entered Estonia during the period of validity of the prohibition on entry applied to them;

8) the foreign national has been detained due to illegally crossing the external border of Estonia and they have not been granted a permit or right to stay in Estonia;

9) the foreign national has left the designated location or another Member State of the Schengen Convention or the European Union without authorisation;

10) the obligation to leave of the foreign national has been turned into compulsory enforcement by a court decision;

11) the foreign national has not been granted permission to enter Estonia;

12) the foreign national refuses to provide biometric data or otherwise hinders the conduct of proceedings under this Act;

13) the foreign national poses a threat to public order or national security.

§ 6¹⁰. Application of preliminary legal protection

(1) foreign national may submit an application for preliminary legal protection to an administrative court in order to suspend or prohibit expulsion pursuant to the procedure provided in the Code of Administrative Court Procedure.

(2) Where the court does not grant an applicant for international protection the right to stay in Estonia on the grounds provided in the Act on Granting International Protection to Foreign Nationals, the court revokes on its own initiative the preliminary legal protection order by which the expulsion of the foreign national was suspended.

(3) The court may suspend the expulsion of the foreign national who has illegally crossed the external border until the administrative court has rejected the appeal by a decision filed by the foreign national.

(4) Upon application of preliminary legal protection, the court may make a decision, in the same order, on the granting of state legal aid to the foreign national, taking into account subsection 5 of § 6⁶ of this Act.

§ 6¹¹. Obligation of foreign national to co-operate

(1) A foreign national is required to co-operate in the conduct of the proceedings provided in this Act, including:

1) to submit oral and written data and provide explanations for the identification of a person, verification of identity and determination of the citizenship;

2) to submit all data and documents and other evidence in their possession that are important for the proceedings, including the travel document or a copy thereof;

3) to enable the collection of biometric data;

4) to assist in obtaining the documents necessary for expulsion, including submitting an application for a travel document to the competent authority of a third state, where necessary, and perform the acts necessary for obtaining the document;

5) to stay in Estonia during the proceedings and perform an obligation imposed on them by a supervisory measure or in an invitation.

(2) The obligation to provide assistance provided in clauses 1 and 2 of subsection 1 of this section is also applied to the representative of the foreign national.

§ 6¹². International cooperation

(1) The Police and Border Guard Board may request assistance from the European Border and Coast Guard Agency for the performance of the functions provided in this Act on the grounds and in accordance with the procedure provided in Regulation (EU) 2019/1896 of the European Parliament and of the Council on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, pp 1–131).

(2) An official seconded by the European Border and Coast Guard Agency does not have the right to issue a precept to leave, to amend the term of the obligation to leave specified in the precept to leave, to require the foreign national to comply with supervisory measures, to suspend the expulsion or to refrain from applying the expulsion.

(3) An official seconded by the European Border and Coast Guard Agency may apply state supervision measures and direct coercion on the grounds and in accordance with the procedure provided in this Act, unless otherwise provided by an international agreement or a legislation of the European Union.

(4) On the basis of an international agreement or a legislation of the European Union, the Police and Border Guard Board may involve a foreign national staying in the country without a basis for stay in the proceedings regarding the obligation to leave in the territory of another state. The Police and Border Guard Board has competence and authority in the territory of another state in accordance with an international agreement or a legislation of the European Union legal act.

§ 6¹³. Detention of foreign national for determination of obligation to leave

(1) The Police and Border Guard Board or the Estonian Internal Security Service may detain a foreign national for up to 48 hours without the permission of an administrative court to verify the legal bases for the arrival in Estonia and stay in Estonia of the foreign national.

(2) The Police and Border Guard Board or the Estonian Internal Security Service releases the foreign national immediately where the grounds for detention have ceased to exist.

(3) The detention of a foreign national is recorded.

(4) The Police and Border Guard Board or the Estonian Internal Security Service may, upon determination of the obligation to leave of the foreign national, apply special measures of state supervision on the basis of and in accordance with the procedure provided in this Act.

§ 6¹⁴. Conditions of detention of foreign national

(1) Based on subsection 1 of § 613 of this Act, a foreign national may be detained in the official premises of the police, in a house of detention, in a prison with the consent of the prison or in a detention centre to establish the obligation to leave. Upon the detention of the a foreign national:

1) male and female prisoners are kept separately;

2) a foreign national is separated from a prisoner serving a prison sentence, a person in custody serving a pre-trial detention sentence and a person serving a detention sentence;

3) family members are accommodated together.

(2) Family members and vulnerable persons are not placed in the prison.

(3) The provisions of the Imprisonment Act concerning detention in a house of detention or prison are applied to the detention of a foreign national placed in a house of detention or a prison. The provisions of this Act concerning detention in a detention centre are applied to the detention of a foreign national placed in a detention centre.

(4) Upon detention of a foreign national, they are ensured at least:

1) emergency medical care;

2) catering;

3) informing them about their rights and obligations;

4) provision of essential clothing, other commodities and personal hygiene products, where necessary.

§ 6¹⁵. Security screening of foreign national

(1) The Police and Border Guard Board conducts a security screening of a foreign national in accordance with the procedure established in Regulation (EU) 2024/1356 of the European Parliament and of the Council.

(2) When conducting security screening, the Police and Border Guard Board has the right to apply the special measures of state supervision provided in this Act in respect of a foreign national, based on and in accordance with the procedure provided in Chapter 5¹ of this Act.

(3) Where a foreign national who has been refused entry to the country has not submitted an application for international protection, the provisions of this Act concerning the detention of and provision of services to a foreign national staying in Estonia without a legal basis are applied to their detention and the provision of services to them.

(4) A foreign national who is not detained and who has not submitted an application for international protection is obligated by a decision of the Police and Border Guard Board to comply with the supervision measures specified in subsection 2 of § 10 of this Act to prevent the risk of absconding.

§ 6¹⁶. Decision on prohibition of entry

(1) The Police and Border Guard Board prohibits the entry into Estonia of any foreign national who does not meet the requirements for crossing the external border and completes the form provided in Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (OJ L 77, 23.03.2016, pp 1–52).

(2) The Police and Border Guard Board prohibits a foreign national from entering Estonia and issues a entry ban decision where this is required by legislation establishing an international sanction or a sanction of the Government of the Republic.

(3) When making an entry ban decision, the administrative authority must take into account the provisions of § 17¹ of this Act.

(4) A foreign national may file an appeal against an entry ban decision to the administrative court in accordance with the procedure provided in the Code of Administrative Court Procedure within ten days as of the date of notification of the decision. The entry ban decision cannot be contested by way of challenge proceedings.

(5) Where an entry ban decision is issued in respect of a foreign national together with a decision on an application for international protection, the provisions of §§ 16 and 41 of the Act on Granting International Protection to Foreign Nationals is applied to the contesting of the entry ban decision and the provision of legal aid to the foreign national.

(6) Filing an appeal against an entry ban decision does not suspend the expulsion of the foreign national nor does it provide grounds for allowing the foreign national into Estonia.

(7) In order to execute an entry ban decision, the Police and Border Guard Board detains the foreign national in accordance with the procedure provided in § 23 of this Act.

(8) In the event of the detention of a foreign national, the Police and Border Guard Board takes into account the special needs of a vulnerable person and may suspend the enforcement of an entry ban decision where the foreign national is unable to leave Estonia immediately due to their physical or mental health condition or another compelling reason.

(9) At the request of the Police and Border Guard Board, the period of detention of a foreign national may be extended by four months at a time, but for no longer than 18 months as of the date of detention of the foreign national.

(10) The provisions of §§ 23¹–23³ of this Act are applied to the detention of a foreign national and the examination of an application for detention.

(11) The provisions set out in this section may also be applied by the Police and Border Guard Board to a foreign national who is apprehended immediately upon illegally crossing the external border.

(12) A precept to leave is issued to a foreign national who cannot be returned to the country from which they entered Estonia, taking into account the specifications provided in this Act.

(13) Where the Police and Border Guard Board or the Estonian Internal Security Service issues a precept to leave to a foreign national, any previously issued entry ban decision against them loses its validity.

§ 7. Precept to leave

(1) A precept to leave Estonia (hereinafter precept to leave) is issued to a foreign national who is staying in Estonia without a basis for stay. A precept to leave is made for departure to an admitting country specified in § 17 of this Act.

(1¹) In case a precept to leave is made for departure to a third country, a foreign national must leave another Member State of the Schengen Convention or European Union in addition to Estonia.

(2) A precept to leave establishes that a foreign national is staying in Estonia illegally, imposes an obligation on the foreign national to leave Estonia or, where applicable, also from the territory of other Member States of the Schengen Convention or of the European Union, sets a term for voluntary performance of the obligation to leave, issues a warning about the imposition of a non-compliance levy on the foreign national in the event of a failure to comply with the precept to leave, issues a warning about the compulsory enforcement of the obligation to leave and, where necessary, an entry ban is applied to the foreign national.

(3) In order to ensure compliance with the obligation to leave surveillance measures may be applied by the precept to leave.

(4) The amount of the non-compliance levy required shall be indicated in a warning to impose non-compliance levy on the foreign national included in the precept to leave.

(5) If a precept to leave is issued to a foreign national who worked in Estonia without a legal basis, the Police and Border Guard Board shall notify the foreign national of the obligations of the employer provided for in § 286¹ of the Foreign Nationals Act and of the possibilities to resolve labour disputes and receive state legal aid.

§ 7¹. Justification of precept to leave

(1) The reasons for the precept to leave and prohibition on entry applied therein, including data and evidence gathered in the proceedings, shall not be disclosed, including to the data subject, to an extent contrary to the objectives provided for in subsection 3 of § 33⁶ of this Act.

(2) The Police and Border Guard Board shall ensure, at the request of a foreign national, the translation of the prohibition on entry into the language which the foreign national understands or may reasonably be presumed to understand.

§ 7². Establishment of term for compliance with precept to leave

(1) The term for voluntary compliance with the obligation to leave is the term assigned by the precept to leave by expiry of which a foreign national is required to leave Estonia to the admitting country provided in subsection 1 of §17 of this Act.

(1¹) The term for voluntary compliance with the obligation to leave shall be assigned by the precept to leave.

(1²) Where a foreign national who is subject to the obligation to leave procedure at the border holds a valid travel document, the Police and Border Guard Board or the Estonian Internal Security Service may, at the request of the foreign national, make a decision to grant a term for voluntary performance of the obligation to leave, taking into account the provisions of Regulation (EU) 2024/1349 of the European Parliament and of the Council.

(2) The term for voluntary compliance with the obligation to leave may not be assigned and the enforcement of the precept to leave may be carried out immediately if:

1) there is a risk of escape of a foreign national

2) a foreign national has been refused the issue of the residence permit or the granting of international protection because the application for residence permit or the granting of international protection is unjustified;

3) in the proceedings of the issue of the residence permit or granting international protection the foreign national has submitted false information or falsified documents about the circumstances relevant in the proceedings;

4) a foreign national constitutes a threat to public order or national security;

5) an entry ban decision provided in subsection 1 or 2 of § 6¹⁶ of this Act has been made in respect of the foreign national;

6) a precept to leave is imposed on a foreign national who has been detained due to the crossing of the external border of Estonia illegally and who has not obtained a permit or right to stay in Estonia;

7) a foreign national has an obligation to leave Estonia after his or her release from prison.

(3) Upon the issue of a precept to leave all the relevant circumstances shall be taken account of in every single case and the reasoned interests shall be considered.

(4) The term from 7 to 30 days shall be assigned for voluntary compliance with the obligation to leave by the precept to leave.

(5) The term for voluntary compliance with the obligation to leave stipulated in the precept to leave may be extended by up to 30 days at a time if the compliance with the obligation to leave turns out to be too disproportionately burdensome for a foreign national within the term stipulated in the precept to leave, taking account of:

1) the duration of the stay in Estonia of a foreign national;

2) impact on a child attending school;

3) family and social relationships of a foreign national in Estonia and

4) other relevant circumstances.

(6) If a term for voluntary leave has been assigned by the precept to leave, the term for voluntary leave may be shortened and the obligation to leave enforced before the expiry of the term for voluntary leave if:

1) there is a risk of escape of a foreign national;

2) a foreign national has been refused the issue of a residence permit or granting international protection because the application for residence permit or international protection is unjustified;

3) a foreign national has submitted false information or falsified documents about the circumstances relevant in the proceedings concerning the issue of a residence permit or international protection or

4) a foreign national poses a danger for public order or national security.

(7) Challenge of a decision to extend the term for voluntary leave or to refuse to extend or shorten the term for voluntary leave assigned by the precept to leave, or contestation of the prohibition on entry or the amendment of the period of its validity imposed by the precept to leave shall not postpone the term for enforcement of the obligation to leave of a foreign national and shall not grant to a foreign national a legal basis for the stay in Estonia.

§ 7³. Enforcement of precept to leave

(1) Upon expiry of the term for obligation to leave as assigned in the precept to leave the obligation to leave may be enforced with regard to a foreign national at any time.

(2) The obligation to leave regarding a foreign national shall be subject to enforcement by means of the detention and expulsion of him or her from Estonia.

(3) Upon expulsion of a foreign national the administrative authority that is arranging the enforcement shall prepare the minutes of the proceedings of the enforcement act.

(4) The list of information to be submitted in the minutes of the proceedings of the enforcement act specified in subsection 3 of this section shall be established by a regulation of the minister in charge of the policy sector.

(5) The minutes of the enforcement acts shall not be prepared if a term for voluntary leave has not been established pursuant to subsection 2 of § 7² of this Act or the term for voluntary leave established for a foreign national has been shortened on the basis of subsection 6 of § 7² of this Act.

§ 7⁴. Assignment of period of validity and scope of application of prohibition on entry applied in precept to leave and non-application of prohibition on entry in precept to leave

(1) In the precept to leave the prohibition on entry shall be applied regarding a foreign national for three years as of the date of compliance with the precept to leave.

(2) If a foreign national is refused the granting of a term for voluntary leave, the prohibition on entry shall be applied with regard to a foreign national for the period of five years by the precept to leave, except in the case the foreign national has a valid prohibition on entry for a period longer than five years as of the date of the issue of the precept to leave.

(2¹) A foreign national who has been issued a precept to leave in the interests of public order or national security may be subject to an entry ban in the precept to leave for a period of ten years as of the date of compliance with the precept to leave. departure notice.

(3) If the term for application of the prohibition on entry is disproportionate taking account of all the relevant circumstances, the prohibition on entry may be applied by the precept to leave for a shorter term.

(4) The prohibition on entry may be left unapplied for humanitarian reasons.

(4¹) A foreign national who is not a citizen of the European Union, of a Member State of the European Economic Area or the Swiss Confederation or a member of their family is subject to a Schengen entry ban.

(4²) The Police and Border Guard Board or the Estonian Internal Security Service limits the validity of the prohibition on entry applied to a foreign national in a precept to leave in case the admitting state of the foreign national is a Member State of the Schengen Convention or the European Union.

§ 7⁵. Amendment of duration of stay of prohibition on entry

(1) The provisions of Chapter 5 of this Act shall be applied with regard to the revocation of the prohibition on entry applied by the precept to leave, the amendment or suspension of the period of validity thereof.

(2) A foreign national who is applying for the revocation or suspension of the Schengen prohibition on entry due to the circumstances that the foreign national has left the territory of a Member State of the Schengen Convention and the European Union within the term for voluntary compliance with the obligation to leave prescribed by the precept to leave, submits to the Police and Border Guard Board an application and evidence that the foreign national has left the territory of a Member State of the Schengen Convention and the European Union within the term for voluntary compliance with the obligation to leave prescribed in the precept to leave.

(3) The Police and Border Guard Board shall forward the application and evidence specified in subsection 2 of this section to the Ministry of the Interior for making the decision on the revocation or suspension of the Schengen prohibition on entry.

(4) If there is a basis for refusal to review the application specified in subsection 2 of this section, the Police and Border Guard Board may dismiss the application.

§ 7⁶. Specifications to issue of precept to leave

(2) A victim or witness in criminal offences concerning trafficking in human beings who has been issued a temporary residence permit pursuant to Council Directive 2004/81/EC, the prohibition on entry is applied only if the foreign national poses a danger to public order of national security.

(3) A foreign national who has a legal basis for residence or temporary stay in a Member State of the Schengen Convention or the European Union is imposed an obligation to leave to this state. In case the foreign national fails to perform this obligation or the expulsion of the foreign national is in the interests of public order or national security, the foreign national is issued a precept to leave Estonia to the admitting country provided in subsection 1 of § 17 of this Act.

§ 9. Precept to legalise

(1) A precept imposing an obligation to apply for a residence permit pursuant to the established procedure in order to legalise the stay in Estonia (hereinafter precept to legalise) shall be issued to a foreign national who is staying in Estonia without a basis of stay and who:

2) is of Estonian origin;

3) settled in Estonia before 1 July 1990 and has not left Estonia to reside in another country and whose continued stay in Estonia does not damage the interests of the Estonian state.

(2) A precept to legalise shall include a warning to impose non-compliance levy on the foreign national upon failure to comply with the precept. The amount of non-compliance levy shall be indicated in the warning. The upper limit of non-compliance levy is 640 euros.

(3) A precept to legalise shall also be deemed complied with if the foreign national leaves Estonia.

(4) A precept to legalise shall not be issued to a foreign national specified in subsection 1 of this section whose residence permit or an application for the extension thereof is being processed until a decision is made in respect of his or her residence permit or the application for the extension thereof.

(5) A precept to legalise need not be issued to a foreign national who leaves Estonia within seven days as of the expiry of the basis of stay.

(6) A precept to leave shall be issued to a foreign national specified in clause 3 of subsection 1 of this section if it is necessary to ensure the protection of public order, national security, public health or moral standards, or to prevent a criminal offence, or if a foreign national is refused the issue of or extension of a residence permit, or a residence permit is revoked. A precept to leave shall be issued to a foreign national specified in clause 2 of subsection 1 of this section if it is necessary to protect national security or to prevent an offence.

§ 10. Ensuring preparation and enforcement of precept

(1) In order to avoid the risk of absconding or where the detention of a foreign national for the purpose of preparing or executing their obligation to leave on the basis provided in § 23 of this Act is not proportionate, the Police and Border Guard Board may require the foreign national by means of a precept or a decision to comply with surveillance measures and pay a non-compliance levy.

(2) Surveillance measures are:

1) residing in a determined place of residence;

2) appearing for registration at the Police and Border Guard Board at prescribed intervals;

3) appearing at the Police and Border Guard Board to clarify circumstances ensuring compliance with a precept;

3¹) appearing for counselling;

4) notifying the Police and Border Guard Board of the changes of residence of the foreign national and of his or her prolonged absence from the place of residence;

5) notifying the Police and Border Guard Board of the changes in the foreign national’s marital status.

6) depositing of a travel document of a foreign country or an identity document of a foreign national at the Police and Border Guard Board or the Estonian Internal Security Service.

(3) The Police and Border Guard Board and the Estonian Internal Security Service have the right to check whether a foreign national is residing in the determined place of residence.

(3¹) In case of the deposit of the travel document of a foreign country and an identity document of a person the institution receiving the document for deposit shall issue a certificate about receipt of documents for deposit.

(4) Non-compliance levy shall be imposed after the ninetieth day as of the date of issue of a precept.

(5) Non-compliance levy shall be imposed pursuant to the procedure provided for in the Substitutional Performance and Non-Compliance Levies Act unless otherwise provided for by this Act. Non-compliance levy may be applied again after the ninetieth day as of the date of the previous enforcement order issued to impose non-compliance levy.

(7) The Police and Border Guard Board or the Estonian Internal Security Service requires a foreign national with regard to whom Regulation (EU) 2024/1349 of the European Parliament and of the Council applies to reside at a specified location, unless this obligation has already been imposed on the foreign national in the course of conducting international protection proceedings and their place of accommodation has not changed.

§ 11. Procedure for issue of precept

(1) A precept shall be issued by the Police and Border Guard Board or the Estonian Internal Security Service.

(3¹) A foreign national who is refused the issue or extension of a residence permit, the right of residence or a long-stay visa, whose residence permit is revoked, whose right of residence is terminated, whose long-stay visa is annulled or revoked or whose period of stay is terminated prematurely may be respectively issued a precept to leave by the decision on refusal to issue or extend the residence permit, the right of residence or on annulment of a long-stay visa, on revocation of the residence permit, termination of the right of residence, revocation or annulment of a long-stay visa or termination of the period of stay prematurely unless a valid precept to leave has been issued to the foreign national.

(7) In the case specified in subsection 3¹ of this section, a precept is deemed delivered to a foreign national upon communication of the decision on the refusal to issue or extend the residence permit, right of residence or a long-stay visa, on revocation of the residence permit, termination of the right of residence, revocation or annulment of a long-stay visa or termination of the period of stay prematurely.

(9) Upon making a decision specified in subsection 1 of § 10 of this Act, the provisions of subsections 1–6 of this section apply.

§ 12. Issue of precept to minors

(1) Compliance with a precept issued to a minor or an adult foreign national with limited active legal capacity shall be organized by a parent, guardian or other responsible adult person who is staying together with him or her in Estonia.

(2) A parent, guardian or another adult responsible person who is staying in Estonia together with a minor foreign national or adult foreign national with restricted active legal capacity is assumed to have legal custody. At the request of the Police and Border Guard Board or the Estonian Internal Security Service a parent, guardian or another responsible adult person is required to certify the existence of legal custody.

(3) The precept to leave shall be issued to an unaccompanied minor foreign national if upon the issue of the precept to leave the representation of the unaccompanied minor foreign national is ensured and his or her interests are taken into account.

(4) The term for voluntary compliance with the obligation to leave of an unaccompanied minor foreign national shall not be assigned taking account of the provisions of subsection 5 of this section.

(5) The obligation to leave of an unaccompanied minor foreign national shall be complied with taking account of the interests of the unaccompanied minor foreign national and if the guardian is convinced that the unaccompanied minor foreign national shall be sent back to his or her family member or appointed guardian or to the reception centre of the receiving state.

(6) The guardian shall organize the compliance with the precept with respect to an unaccompanied minor and an adult foreign national with restricted active legal capacity.

(7) The Police and Border Guard Board shall provide the guardian with professional assistance for the compliance with the obligation to leave of an unaccompanied minor foreign national pursuant to the procedure provided for in the Administrative Co-operation Act.

(8) The Police and Border Guard Board or the Estonian Internal Security Service shall organise the searching of a family member of the unaccompanied minor foreign national, of a guardian or a reception centre appointed in the receiving state.

(9) The Social Insurance Board provides alternative care services to an unaccompanied minor foreign national during their stay in Estonia at least to the extent provided in subsection 1 of § 53 of the Act on Granting International Protection to Foreign Nationals.

§ 13². Services provided to foreign nationals

(1) Where a foreign national staying in Estonia without a basis for stay lacks sufficient financial resources, the Police and Border Guard Board or the Estonian Internal Security Service may arrange the accommodation of the foreign national where it is necessary on humanitarian grounds or for the protection of a vulnerable person and where the foreign national is unable to use accommodation elsewhere.

(2) A foreign national has the right to emergency social assistance in accordance with the procedure provided in the Social Welfare Act.

(3) For a foreign national who has previously applied for international protection the provision of accommodation services may be continued at the accommodation facility designated during the international protection procedure under the conditions provided in the Act on Granting International Protection to Foreign Nationals.

(4) Where a foreign national is subject to the return border procedure provided in Regulation (EU) 2024/1349 of the European Parliament and of the Council, the provisions of the Act on Granting International Protection to Foreign Nationals is be applied to their accommodation.

(5) When accommodating a foreign national, the protection of their family life and the best interests of the child are taken into account.

(6) A foreign national has the right to emergency medical care. Where necessary, the required healthcare services are provided to them through the medical unit of the detention centre to the extent established on the basis of subsection 7 of § 26⁹ of this Act.

(7) A foreign national subject to the obligation to attend school is guaranteed access to education in accordance with the procedure provided in the Basic Schools and Upper Secondary Schools Act.

§ 14. Bases for expulsion

(1) A foreign national shall be expelled from Estonia upon expiry of the term for enforcement execution of a precept to leave.

(2) A foreign national, with regard to whom a decision has been made by a Member State of the Schengen Convention or the European Union on imposing an obligation on the foreign national to leave to a third country and this decision is valid and the term for voluntary leaving from the country has expired, is expelled from Estonia without issuing a precept to leave.

(2¹) A foreign national who has been sentenced to expulsion from Estonia as an additional penalty or whose obligation to leave has been enforced by a court judgment shall be expelled from Estonia without the issue of the precept to leave.

(2²) A precept to leave may not be issued with regard to a foreign national specified in subsection 2 of this section if the term for the voluntary departure the foreign national has not expired and there are no grounds for compulsory execution of the precept to leave provided for in subsection 2 of § 7² of this Act.

(2³) A foreign national who is subject to an entry ban imposed by Estonia is expelled without issuing a precept to leave where the foreign national has re-entered Estonia during the period of validity of the entry ban and the period of validity of the entry ban has not been annulled, revoked, or suspended.

(2⁴) The provisions of subsection 2³ of this section are not applied where an entry ban has been imposed on a foreign national under the Penal Code and the sentence imposed on the foreign national must be enforced.

(2⁵) A precept to leave may not be issued to a foreign national who has entered Estonia illegally from the territory of another Schengen Convention or European Union Member State, and that Member State takes them back in accordance with a bilateral readmission agreement or other agreement.

(3) .

(3¹) .

(4) Expulsion shall not be applied if:

1) the administrative act imposing the obligation to leave has been annulled or repealed or has ceased to be valid;

2) expulsion is no longer possible;

3) expulsion is prohibited pursuant to this Act.

(5) Expulsion shall be suspended:

1) when the court suspends the expulsion;

3) on the proposal of the Prosecutor’s Office for the reflection period indicated in § 205 of the Foreign Nationals Act. The Prosecutor’s Office or an investigative body on the order of the Prosecutor’s Office shall notify a person of the opportunities and conditions for suspension of the expulsion of the person.

4) upon the decision of the Police and Border Guard Board if the temporary stay in Estonia of a foreign national is justified due to humanitarian considerations or ‘force majeure’;

5) when a foreign national submits an application for international protection, except in the case of submitting a second and subsequent repeated application for international protection. except in the case of a second and subsequent repeated application for international protection.

(6) In case the expulsion of a foreign national staying in Estonia without any basis for stay is suspended, this does not give the foreign national a legal basis to stay or work in Estonia or another Member State of the Schengen Convention or the European Union.

(7) The Police and Border Guard Board forwards the data concerning the expulsion of a foreign national to the Schengen information system immediately, taking account of the special rules provided in this Act.

(8) Upon the expulsion of a foreign national, the administrative authority organising the expulsion draws up a report on the enforcement action, except upon issuing a precept to leave in the case provided in subsection 5 of § 73 of this Act.

§ 15². Assessment of Police and Border Guard Board of possibility of departure of foreign national

(1) At the request of the Prosecutor’s office or prison the Police and Border Guard Board shall give an assessment concerning the possibility to return to the receiving state of a foreign national who wishes to leave the Republic of Estonia.

(2) Upon giving an assessment the following circumstances shall be taken, inter alia, account of:

1) upon departure from the Republic of Estonia a foreign national holds a valid travel document which allows him or her to return to the receiving state;

2) a foreign national has submitted an application to the Police and Border Guard Board for revocation of the residence permit issued in Estonia;

3) a foreign national has granted written consent for commitment to the obligation to leave from the Republic of Estonia together with the entry ban for five up to ten years.

§ 16. Contestation of expulsion

(1) Expulsion may be contested pursuant to the procedure provided for in the Code of Administrative Court Procedure. The contestation of expulsion shall not postpone expulsion for the time of judicial proceedings.

(2) After expiry of the term for contestation of a precept for the enforcement execution of which expulsion is applied, expulsion cannot be contested based on the unlawfulness of the precept.

§ 17. Admitting country

(1) A foreign national who is staying in Estonia without a basis for stay is required to leave or the foreign national is expelled:

1) to the country of the citizenship of the foreign national;

2) to a country of transit in accordance with the European Union or a bilateral re-admission agreement or other arrangement or

3) to a third country provided that the foreign national wishes to leave to that country and is admitted there.

(3) A person to be expelled who has a legal basis for the residence or temporary stay in a Member State of the Schengen Convention or the European Union is expelled to this state.

(4) If the intra-corporate transfer residence permit issued by other Member State of the European Union is revoked or it expires within the term of the intra-corporate transfer, a foreign national may be expelled to the Member State of the European Union that issued the residence permit of an intra-corporate transferee.

§ 17¹. Prohibition on expulsion

(1) A foreign national may not be expelled to a state to which expulsion may result in consequences specified in Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms or Article 3 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, or the application of death penalty.

(2) The expulsion of a foreign national shall comply with Articles 32 and 33 of the United Nations Convention relating to the Status of Refugees (together with the Protocol relating to the Status of Refugees of 31 January 1967)

§ 18. Term for expulsion

(1) Expulsion is completed immediately after a foreign national is detained.

(3) A person to be expelled who is a suspect, accused or convicted person in a criminal matter is expelled immediately after completion of the proceedings or the entry into force of the court judgment. In the case of an appeal against a court judgment, a person to be expelled is expelled immediately after the return of the appeal or the entry into force of a judgment of a higher court. Until the completion of the proceedings or the making of a judgment, the preventive measures provided in the Code of Criminal Procedure are applied with regard to a person to be expelled or the person to be expelled is placed in a detention centre on the basis of the judgment of an administrative court judge.

(4) If a person to be expelled is being punished by detention or imprisonment, or if a foreign national who is detained or imprisoned is to be expelled, expulsion is completed immediately after the detention or imprisonment has been served.

(5) If the sentence of a person to be expelled may be enforced on the basis of subsection 2 of § 245², subsection 6 of § 416 or subsection 4 of § 424¹ of the Code of Criminal Procedure, his or her expulsion shall be suspended until the court makes a decision on enforcement of the imposed sentence in full or on the part of punishment not served in full.

§ 20. Expulsion activities at border checkpoint

(1) A notation regarding crossing the border shall be entered in the travel document of a person to be expelled at a border checkpoint, and the foreign national shall be sent to a foreign state or handed over to a representative of the admitting country.

(2) A border representative of the Republic of Estonia, a border representative of the admitting country, an official of the Ministry of Foreign Affairs and a representative of the admitting country may be present when expulsion activities are performed at a border checkpoint.

(3) A person to be expelled who is suspected or convicted of a criminal offence shall be handed over at a border checkpoint at the request of a foreign state and pursuant to the procedure provided for in an international agreement.

(4) The procedure for the transportation of a person be expelled to a border checkpoint and the competence of the government agencies executing the expulsion to perform the acts provided in this Act is established by a regulation of the minister in charge of the policy sector.

(5) Upon organization of expulsion, the Estonian Internal Security Service forwards to the Police and Border Guard Board data concerning the foreign national to whom the expulsion is applied.

(6) The list of data specified in subsection 5 of this section and the procedure for forwarding the data is established by a regulation of the minister in charge of the policy sector.

§ 20². Organization of return to receiving state of foreign national who has undertaken to leave Republic of Estonia

(1) The Police and Border Guard Board shall organize the return to the receiving state of a foreign national who is in Estonia in custody or imprisonment or whose freedom is restricted on other lawful grounds and who has undertaken to leave the Republic of Estonia.

(2) The obligation to leave the Republic of Estonia shall be fulfilled by detention and expulsion of the foreign national.

(3) The Police and Border Guard Board shall immediately notify the Prosecutor's Office if a foreign national fails to comply with the obligation to leave the Republic of Estonia, has been suspected of committing a new criminal offense before the performance of the obligation to leave, or he or she returns before the expiry of the entry ban.

(4) A foreign national does not comply with the obligation to leave the Republic of Estonia, in particular if he or she has not left for the receiving state by the deadline specified in the court judgment, if he or she does not have a valid travel document upon performance of the obligation to leave the Republic of Estonia, he or she otherwise prevents the performance of the obligation to leave or if the receiving state refuses to accept the return of the foreign national.

§ 21. Expulsion of unaccompanied minor

(1) An unaccompanied minor may be expelled if the custody of a minor is arranged, and the protection of the rights and interests of the minor are ensured in the admitting country.

(2) Expulsion of an unaccompanied minor is arranged in coordination with the competent state agencies of the admitting country and in case of necessity with the competent state agencies in the transit country.

§ 22. Readmission of person to be expelled

(1) If the admitting country refuses to admit a person to be expelled or if other circumstances impeding the completion of expulsion become evident during the transportation to a border checkpoint of the person to be expelled or at the border checkpoint, the person to be expelled shall be detained by way of administrative procedure until the completion of his or her expulsion or until he or she is placed in a detention centre, but the person to be expelled shall not be detained for longer than forty-eight hours.

(2) If the administrative court has authorised the detention of a foreign national, the Police and Border Guard Board or the Estonian Internal Security Service may continue the detention of the foreign national for the purpose of his or her expulsion until the end of the term for detention assigned in the authorisation.

§ 22². Expulsion by air

Direct flights are used for expulsion by air. If it is unreasonable to use a direct flight, the transit through the airport open for international flights of a Member State of the European Union may be applied for expulsion by air (hereinafter transit).

§ 22³. Request for and approval of transit

(1) The administrative agency conducting the expulsion shall submit a written request for escorted or unescorted transit by air to the competent agency of the country of location of the airport (hereinafter request).

(2) The request shall be submitted no later than 48 hours before commencement of the transit. In justified cases the request may be submitted no later than 24 hours before commencement of the transit.

(3) Transit by air shall not be commenced without the permission. Where no reply is provided by the requested member state within 48 hours as of submission of the request, the transit operation may be commenced, notifying the requested member state.

(4) A governmental authority that organises expulsion shall take all the necessary assistance measures to ensure that the transit operation takes place in the shortest possible time. The transit operation shall take place at a maximum within 24 hours.

(5) The application form shall be established by the regulation of the minister in charge of the policy sector.

§ 22⁴. Application for and grant of permission for transit via Estonia

(1) At the request of the competent authority of the Member State of the European Union the permission may be granted for transit by air through Estonia of the person to be expelled (hereinafter transit via Estonia).

(2) For the purpose of transit via Estonia the competent authority of a Member State of the European Union (hereinafter the requesting state) shall submit a standard format application to an agency within the area of government of the Ministry of the Interior, authorised by the minister in charge of the policy sector (hereinafter competent authority).

(3) The competent authority shall decide on the grant of permission for transit via Estonia within 48 hours as of receipt of the request. In justified cases the time limit may be extended by up to 48 hours. The requesting authority shall be immediately notified of the extension of the time limit.

(4) Before granting the permission for transit via Estonia the competent authority is required to coordinate the grant of permission with the authorities within the area of government of the Ministry of the Interior, authorised by the minister in charge of the policy sector. The permission for transit via Estonia shall not be granted if at least one of the assigned authorities does not approve of the permission.

(5) The competent authority shall immediately notify the requesting authority about the grant of permission for transit via Estonia.

(6) The minister in charge of the policy sector shall establish by a regulation the competent authority for granting the permission for transit via Estonia, the procedure for approval of the permission and the authorities under the government of the Ministry of the Interior who shall give approval for transit via Estonia.

§ 22⁵. Refusal to grant permission for transit via Estonia

(1) The transit via Estonia by air authorisation may be refused if:

1) the person to be expelled is charged with criminal offences pursuant to the legislation of Estonia or is wanted for the carrying out of a sentence,

2) the transit through the transit country or admission by the country of destination is not feasible,

3) if the transit requires a change of airport on the territory of Estonia,

4) the requested assistance is not feasible for practical reasons at the particular moment during the receipt of the request or,

5) the person to be expelled poses a danger to public order, national security, international relations or other people’s life or health.

(2) In the case provided for in clause 4 of subsection 1 of this section the competent authority shall notify the requesting authority immediately of the date when the permission may be granted for transit via Estonia if there is no other basis for refusal to grant permission provided for in subsection 1 of this section.

(3) The competent authority may revoke the permission granted for transit via Estonia if a basis becomes evident for refusal to grant permission provided for in subsection 1 of this section.

(4) The competent authority shall notify the requesting authority immediately about the refusal to grant permission for transit via Estonia or repeal of the permission granted and the reason for the refusal to grant permission or repeal the granted permission.

§ 22⁶. Transit via Estonia

(1) The transit operation via Estonia shall take place at a maximum within 24 hours.

(2) In cases where, despite the assistance measures applied pursuant to subsection 3 of this section, the transit operations cannot be completed, the competent authority may, upon request by and in consultation with the requesting authority, take all the necessary assistance measures to continue the transit operation. In such cases, the time limit for transit may be extended by 48 hours.

(3) During transit via Estonia the competent authority shall apply if necessary the following assistance measures:

1) reception of the person to be expelled at the aircraft and escorting him or her within the confines of the transit airport, in particular to his or her connecting flight,

2) providing emergency medical care to the person to be expelled and to his or her escort;

3) providing sustenance for the person to be expelled and for his or her escort;

4) reception, keeping and forwarding to the captain of the plane the travel documents of the person to be expelled in the case of unescorted transit;

5) in cases of unescorted transit informing the requesting authority of the place and time of departure of the person to be expelled from the territory of Estonia and

6) informing the requesting authority if any serious incidents took place during the transit of the person to be expelled that endangered the transit.

4) The costs of the assistance measures provided according to clauses 2 and 3 of subsection 3 of this section shall be borne by the requesting authority.

The costs provided in clauses 1 and 4–6 of subsection 3 of this section shall also be borne by the requesting authority to the extent that they are actual and quantifiable.

(5) The list of the costs of the assistance measures of the transit via Estonia, the rates of the costs to be borne by the requesting authority and the procedure for recovery of the costs shall be established by the minister in charge of the policy sector.

(6) In order to ensure the transit operation via Estonia:

1) the person to be expelled may be placed to the office room of the competent authority and

2) physical force and self-defence equipment may be used against the person to be expelled to prevent or end any attempt by the person to be expelled to resist during the transit.

§ 22⁷. Return of person to be expelled from Estonia to country requesting transit

(1) The person to be expelled shall be returned to the country requesting transit via Estonia and the requesting country shall undertake to readmit the person to be expelled forthwith if:

1) the transit by air authorisation was refused or revoked pursuant to the basis provided for in subsection 1 of § 22⁵ of this Act,

2) the person to be expelled entered the territory of Estonia without permission during the transit;

3) expulsion of the person to be expelled to another transit country or to the country of destination or boarding of the connecting flight was unsuccessful or,

4) transit by air is not possible for another reason.

(2) The costs of the return of the person to be expelled shall be borne by the requesting authority.

3) The list of costs of the return of the person to be expelled, the rates of the costs to be borne and the procedure for recovery of the expenses shall be established by the regulation of the minister in charge of the policy sector.

§ 22⁸. Escort during expulsion by air and transit via Estonia

(1) Expulsion by air and transit via Estonia of a person to be expelled may be carried out escorted or unescorted.

(2) For the purposes of this Act an escort is a representative of the requesting country responsible for:

1) expulsion of the person to be expelled;

2) keeping and delivery of the travel document of the person to be expelled to the country of destination and

3) transfer of the person to be expelled to the representative of the competent authority of the country of destination.

(3) During the transit the escort shall present at the request of the transit country an identity document and the authorisation of the transit, or a notification provided for in subsection 3 of § 22³ of this Act.

(4) It is forbidden for an escort to carry a weapon and wear a uniform.

(5) During the transit the escort has the right to use against the person to be expelled physical force and self-defence or special equipment corresponding to the threat pursuant to the legislation of the transit country if the person to be expelled fails to obey the lawful orders of the escort or offers resistance, or if there is good reason to believe that the person may escape or cause damage to other persons or to himself or herself or property.

§ 23. Detention of foreign national staying in Estonia without basis for stay and placement in detention centre

(1) The Police and Border Guard Board or the Estonian Internal Security Service may detain a foreign national staying in Estonia without a basis for stay on the grounds provided in subsection 2 of this section and in the authority specified in subsections 1 and 2 of § 23¹ of this Act for up to 48 hours, where the supervisory measures provided in this Act cannot be effectively applied to prepare for or execute their obligation to leave.

(2) A foreign national may be detained on the following grounds:

1) identification or verification of identity;

2) verifying or determining the citizenship of a person;

3) the existence of a risk of absconding;

4) the foreign national obstructs or avoids the conduct of the obligation to leave procedure;

5) the foreign national fails to comply with the obligation to co-operate;

6) the foreign national does not have the documents necessary for return or the obtaining of such documents from the host or transit country is delayed;

7) ensuring public order or national security;

8) the foreign national is expelled to another Member State of the Schengen Convention or European Union or to a third country under an accelerated procedure in accordance with a readmission agreement or other agreement;

9) enforcement of the entry ban decision;

10) performance of the obligation to leave of a foreign national detained on the basis of clause 4 of subsection 2 of § 65 of the Act on Granting International Protection to Foreign Nationals.

(3) When it is necessary to detain a foreign national for more than 48 hours on the grounds provided in subsection 2 of this section and taking into account the conditions specified in subsection 1 of this section, the Police and Border Guard Board or the Estonian Internal Security Service applies to the administrative court for permission to detain the foreign national and place them in a detention facility designated by the Police and Border Guard Board or the Estonian Internal Security Service for a period of up to four months.

(4) Where a precept to leave has been issued to a foreign national who was not detained in border proceedings conducted under Regulation (EU) 2024/1348 of the European Parliament and of the Council, their obligation to leave may be enforced through detention provided that the conditions specified in subsection 1 of this section and the grounds provided in clauses 3, 4 or 7 of subsection 2 are met.

(5) The administrative court grants, on the basis provided in subsection 2 of this section, permission to detain the foreign national in a detention centre designated by the Police and Border Guard Board or the Estonian Internal Security Service for up to four months, where the supervision measures provided in this Act cannot be effectively applied.

(6) Where an administrative court has granted permission on the basis of the Act on Granting International Protection to Foreign Nationals to detain a foreign national whose international protection proceedings have ended with a final decision or who does not have the right to stay in Estonia until the final decision is made, and in the assessment of the Police and Border Guard Board or the Estonian Internal Security Service, the conditions specified in subsection 1 of this section and the grounds provided in subsection 2 of this section exist for the detention of the foreign national with the purpose of expulsion, the Police and Border Guard Board or the Estonian Internal Security Service may detain the foreign national for the purpose of expulsion until the end of the period of detention specified in the permission.

(7) The list of data and evidence to be submitted in an application for permission for detention are established by a regulation of the minister in charge of the policy sector.

§ 23¹. Place and conditions of detention of foreign national staying in Estonia without basis for stay

(1) A foreign national who is staying in Estonia without a basis for stay is placed in a detention centre.

(2) The Police and Border Guard Board may place a foreign national in a police detention house or another place of detention where detention of the foreign national in a detention centre is not possible due to an unforeseen increase in the number of detainees or it is necessary for security or health protection reasons.

(3) In the case provided in subsection 1 of this section, the provision of at least the following services must be ensured to the foreign national:

1) medical examination and availability of the necessary health care service to the extent established based on subsection 7 of § 26⁹ of this Act;

2) catering;

3) informing the person of their rights and obligations;

4) the provision of language assistance, where necessary, in a procedural act carried out based on this Act;

5) the provision of essential clothing, other consumer goods, and personal hygiene items, where necessary;

6) at the request of the foreign national facilitating communication and contact with the person specified in subsections 1 and 2 of § 26¹⁰ of this Act, provided that there is no ground provided in this Act to prohibit such contact.

(4) Where a foreign national is placed in a prison or a house of detention with the consent of the prison, they are kept separated from convicted offenders serving a prison sentence, a person held in custody on remand and a person serving administrative arrest. The detention of a foreign national placed in a prison or a house of detention is subject to the provisions of the Imprisonment Act concerning detention in a prison or a house of detention, taking into account the specifications provided in this section.

(5) In the case provided in subsection 2 of this section, family members are accommodated together. The provisions of subsections 4, 5 and 8 of §26⁵ of this Act are applied to a minor foreign national.

§ 23². Examination of application for detention

(1) The administrative court decides on the detention of a foreign national in accordance with the procedure provided in Chapter 27 of the Code of Administrative Court Procedure.

(2) Where an exceptionally large number of detention applications have been submitted to the court and the court cannot, due to an objective obstacle, review the application for detention based on and in accordance with the procedure provided in Chapter 27 of the Code of Administrative Court Procedure, or the review is significantly complicated, the court may issue an order for detention of a foreign national without a descriptive and reasoning part.

(3) Where a foreign national wishes to contest a detention which the court formalised by an order without a descriptive and reasoning part, the court submits a descriptive and reasoning part to the foreign national at the earliest opportunity.

§ 23³. Detention of foreign national staying in Estonia without basis for stay in emergency

(1) In an emergency caused by mass immigration, the exceptions provided in this section may be applied to the detention of a foreign national.

(2) Upon the detention of a foreign national during an emergency caused by mass immigration, the detention report sets forth, at least, the name or names of each foreign national, the legal and factual grounds and justification for the detention, the date, time and location thereof, as well as the name of the administrative authority and the name of the official making the report.

(3) The provision of at least the following services is ensured to a foreign national:

1) accommodation;

2) where necessary, carrying out a medical examination and providing emergency medical care;

3) catering;

4) informing them of their rights and obligations;

5) where necessary, the provision of language assistance in a procedural act performed based on this Act;

6) where necessary, the provision of essential clothing, other consumer goods and personal hygiene items;

7) enabling communication and contact at the request of a foreign national, applying the provisions of § 26¹⁰ of this Act to the extent that is possible in an emergency;

8) granting state legal aid in accordance with the provisions of § 66 of this Act.

(4) In an emergency caused by mass immigration, detained family members are accommodated together at the earliest opportunity, unless the separate detention of a family member is deemed necessary for the protection of other persons, public health, public order, or national security. Family privacy is ensured to the greatest extent possible.

(5) The authority leading the resolution of an emergency caused by mass immigration determines the start and end dates of the application of emergency measures and immediately informs the European Commission thereof.

§ 24. Release of person to be expelled

(1) If enforcement of the expulsion of a foreign national who is staying in the detention centre becomes possible, the foreign national shall be released from the detention centre and shall be expelled at the request of the governmental authority enforcing the expulsion pursuant to the procedure provided for in this Act.

(1¹) The person to be expelled shall be released immediately by the head of the detention centre if the basis for detention has ceased to exist, the term for detention has expired or the expulsion is pointless.

(2) If a person to be expelled is taken into custody as a suspect or an accused in a criminal matter, he or she shall be released from the detention centre on the basis of the ruling to take him or her into custody.

(3) In the event of annulment or revocation of an administrative act imposing an obligation to leave or a decision to grant a basis for stay to a foreign national, the foreign national is released from the detention centre on the basis of the decision to annul or revoke the administrative act imposing the obligation to leave or to grant a basis for stay.

(4) The Police and Border Guard Board immediately notifies a foreign national of the annulment or revocation of an administrative act imposing an obligation to leave or the granting of a basis for stay in Estonia.

(5) The release from the detention centre shall not grant a foreign national a legal basis for the stay in Estonia.

§ 25. Extension of term of detention of foreign national staying in Estonia without legal basis

(1) At the request of the Police and Border Guard Board or the Estonian Internal Security Service, an administrative court may extend the term of detention of a foreign national by up to four months at a time but not for longer than six months as of the date of their detention, where the grounds provided in subsection 2 of § 23 of this Act and the conditions specified in subsection 1 of this Act are met.

(2) After the expiry of the term provided in subsection 1 of this section, the administrative court may, at the request of the Police and Border Guard Board or the Estonian Internal Security Service, extend the term of detention of a foreign national by four months at a time, but not for longer than 18 months as of the date of their detention, where the grounds provided in clause 5 or 6 of subsection 2 of § 23 of this Act and the conditions specified in subsection 1 of this Act are met.

(3) The term of detention of a foreign national provided in subsections 1 and 2 of this section does not include the period of detention of the foreign national on any other ground prescribed by law.

§ 26. Making of judgment

(1) Judgments concerning the detention of persons to be expelled and extension of the term of detention shall be made by an administrative court pursuant to the provisions of the Code of Administrative Court Procedure on giving permission for administrative proceedings.

§ 26¹. Detention centre

(1) Detention centres are structural units of the Police and Border Guard Board the function which is to enforce the judgments on the detention of persons to be expelled.

(2) The detention centre is a guarded enclosed territory which is marked by clearly visible signs, and which enables constant supervision of persons to be expelled.

(3) Supervision of persons to be expelled shall be organised such that detention of the persons to be expelled, compliance with the internal rules of the detention centre and security in the detention centre are ensured.

(4) The officials of the Police and Border Guard Board shall exercise supervision over persons to be expelled by visual and electronic surveillance.

(5) Persons to be expelled are prohibited to leave the detention centre without supervision and without the permission of the head of the detention centre or an official appointed by him or her.

§ 26². Reception into detention centre

(1) A person to be expelled shall be received in the detention centre on the basis of a report on the detention or a copy of the judgment of an administrative court and an identity document or, in the absence thereof, on the basis of an identification document.

(2) Upon reception into the detention centre, an agency which detained the foreign national shall transfer the information and documents concerning the person to be expelled which are in the possession of the agency to the detention centre.

(3) Upon arrival in the detention centre, the security check shall be performed of a person to be expelled, his or her movables shall be examined and, in case of reasonable doubt, the person to be expelled himself or herself shall also be examined pursuant to the procedure provided in the Law Enforcement Act. Thereby the Police and Border Guard Board shall have the right to apply direct coercion.

(3¹) A person to be expelled is required to undergo medical examination upon arrival in the detention centre.

(4) A person to be expelled who has been placed in the detention centre shall be photographed and fingerprinted pursuant to the procedure provided in § 33¹¹ of this Act, if this has not been done before.

(5) Upon receipt of a person to be expelled in the detention centre, cash, documents and personal effects, which a person to be expelled has with him or her and the holding of which is not permitted in the detention centre, shall be deposited with the detention centre or destroyed pursuant to the procedure provided in the internal rules of the detention centre.

(6) Upon receipt of a person to be expelled in the detention centre, a personal file of the person to be expelled shall be opened which are entered the documents and information which are the basis for placement of the person to be expelled in the detention centre, documents and information transferred to the detention centre by the agency which detained the foreign national, signaletic photographs, a fingerprint card and other documents and information provided for in the internal rules of the detention centre.

(7) When the person to be expelled has arrived in the detention centre, his or her rights and obligations shall be explained to him or her in the language which he or she can understand and the possibility is ensured to apply for state aid and get language assistance.

(8) A person to be expelled shall be given written information concerning legislation regulating the enforcement of his or her expulsion, the internal rules of the detention centre and the submission of complaints.

§ 26³. Temporary absence from detention centre

A person to be expelled may stay outside the detention centre under supervision with the permission of the head of the detention centre or an official appointed by him or her if this is unavoidably necessary.

§ 26⁵. Accommodation of persons to be expelled

(1) The detention centre has a residential building with rooms for the accommodation of persons to be expelled.

(2) Male and female persons to be expelled shall be accommodated in separate rooms.

(3) Family members shall be accommodated together.

(4) A minor shall be accommodated separately from adult persons to be expelled except if this is evidently in conflict with the interests of the minor.

(5) According to an order of the head of the detention centre for reasons of security and in order to ensure compliance with the internal rules of the detention centre, a person to be expelled may be accommodated separately from the persons to be expelled specified in subsections 2–4 of this section.

(6) Rooms for the accommodation of persons to be expelled shall be in conformity with the requirements of construction technology, health and hygiene. The rooms of persons to be expelled shall have windows to ensure suitable lighting of the rooms.

(7) A minor person to be expelled shall be organised age-appropriate activities for spending leisure time and the means necessary therefor shall be provided.

(8) A person to be expelled who is subject to the obligation to attend school shall be ensured access to education in accordance with the Basic Schools and Upper Secondary Schools Act.

§ 26⁶. Conditions for detention in detention centre

(1) Persons to be expelled are permitted to move about in the residential building of the detention centre in the rooms prescribed by the internal rules from the time of rising until the time of retiring. Persons to be expelled may enter other rooms and move about within the territory of the detention centre in the cases and at the time prescribed by the internal rules of the detention centre. From the time of retiring until the time of waking, persons to be expelled are required to stay in the rooms prescribed for them, which, if necessary, are locked.

(2) Persons to be expelled shall wear personal clothing. If a person to be expelled lacks suitable clothing, the detention centre shall provide the person to be expelled with clothing without charge. Persons to be expelled are required to wear a name tag attached to their clothing.

(3) A person to be expelled is required to clean, keep in order and regularly change his or her clothing.

(4) Persons to be expelled are provided with an opportunity to satisfy their religious needs if this is not in conflict with the provisions of the internal rules.

§ 26⁷. Provision of food for persons to be expelled

(1) The catering of the person to be expelled is organized in accordance with the requirements provided in § 22 of the Public Health Act and established on the basis thereof, and in accordance with general dietary practices.

(3) The provision of food for minors shall be organised taking into consideration the needs resulting from their age.

(4) Where possible, a person to be expelled is permitted to observe the dietary practices of their religion.

(5) The person who ensures the provision of medical care in the detention centre shall supervise the preparation of the menu of the detention centre and the provision of food at the detention centre.

§ 26⁸. Health of persons to be expelled

(1) Persons to be expelled must take care of their personal hygiene. At least once a week and upon reception into the detention centre, persons to be expelled shall be provided with an opportunity to use a sauna, bath or shower. Once a month, hairdressing and barber's services shall be provided for persons to be expelled.

(2) Coercion may be imposed with regard to a person to be expelled to ensure compliance with hygiene requirements if the person to be expelled fails to take care of his or her personal hygiene to a necessary extent and this has brought about actual danger to his or her health or to the health of other persons.

(3) Toiletries shall be provided for a person to be expelled by the detention centre if the person to be expelled does not have these or funds to acquire these.

§ 26⁹. Provision of medical care to persons to be expelled

(1) A person to be expelled is ensured access to medical examination and necessary health services. The medical examination of the person to be expelled and provision of necessary health services for them is organised by the Health Insurance Fund.

(1¹) A health examination may be conducted by means of a video bridge where the requirements provided in §§ 7 and 8 of the Cyber Security Act and on the basis thereof are fulfilled to ensure the security of the network and information system used for that purpose.

(2) The detention centre shall have permanent treatment facilities for the supervision of the state of health of persons to be expelled.

(3) Health services in detention centres are provided by persons with family physician's qualifications pursuant to the provisions regulating the provision of specialised outpatient care.

(4) Persons specified in subsection 3 of this section are required to supervise, on a constant basis, the state of health of persons to be expelled and refer a person to be expelled to treatment if the state of health of the person to be expelled does not allow their detention in the detention centre or expulsion of him or her from Estonia.

(6) The medical expenses of emergency services and treatment of a person to be expelled provided by the person specified in subsection 3 of this section are paid from the state budget through the Health Insurance Fund.

(7) The extent and procedure of funding from the state budget of the medical examination of a person to be expelled and necessary health services provided to him or her shall be established by a regulation of the minister in charge of the policy sector.

§ 26¹⁰. Visiting of persons to be expelled

(1) Visits by the following are allowed for persons to be expelled:

1) consular officers of the country of nationality;

2) legal counsels;

3) minister of religion;

4) representatives of competent state authorities, international or non-governmental organisations.

(2) With the permission of the head of the detention centre, a person to be expelled may be allowed to receive short-term supervised visits of personal, legal or commercial interest from persons not specified in subsection 1 of this section in matters which the person to be expelled cannot conduct through third persons, unless the visits impede enforcement of the expulsion. Persons to be expelled are permitted to receive visits only from persons with regard to whose reputation and motives the head of the detention centre has no reasoned doubts.

(3) The Police and Border Guard Board shall have the right to perform the security check of a person who is permitted to visit a person to be expelled and examine the movables of the visitor. It is prohibited to review the content of the written material brought along by the legal defence counsel. Items the holding of which is prohibited in the detention centre shall be temporarily deposited for the duration of the visit.

(4) The duration of visits shall not exceed three hours. The procedure, time and room for visits are provided for in the internal rules of the detention centre or in the directive of the Director General of the Police and Border Guard Board issued on the basis thereof.

(5) The Police and Border Guard Board is allowed to monitor visits, but not to eavesdrop on them.

(6) The officials of the detention centre have the right to process the identity data of the person who is requesting visit in order to check the trustworthiness of the person requesting a visit to the person to be expelled.

(7) Visiting a person to be expelled is not allowed if:

1) the activities of the person requesting a visit have been directed or are directed against the Republic of Estonia or its security;

2) the person requesting a visit is connected with an organisation or movement that ignores public order with its activities;

3) the person requesting a visit has been punished for an intentionally committed criminal or another offence and the data concerning the penalty have not been expunged from the criminal records database;

4) the person requesting a visit has provided incorrect information or a falsified document upon request for a visit;

5) there is good reason to doubt the trustworthiness of the person requesting a visit;

6) a visit to a person to be expelled may have an impact on the efficiency of expulsion or

7) there are other good reasons.

(8) In case of circumstance specified in subsection 7 of this section the visiting may be allowed as an exception if the person to be expelled has a reason concerning private life or other compelling reason for the visit.

§ 26¹¹. Correspondence and use of means of communication by persons to be expelled

(1) Persons to be expelled shall be allowed to correspond and she or he shall also have the opportunity to use telephone and other public communication channels for their own money pursuant to the procedure provided for in the internal rules of the detention centre.

(2) Letters sent to a person to be expelled shall be opened by the Police and Border Guard Board in the presence of the person to be expelled and any items the holding of which in the detention centre is prohibited by the internal rules of the detention centre shall be confiscated.

(3) The content of the correspondence of a person to be expelled and of messages forwarded by telephone and other public communication channels may be examined only with the permission of a court on the bases of and in the procedure provided in the Code of Criminal Procedure.

(4) The head of the detention centre or an official appointed by him or her may restrict the correspondence and use of telephone and other means of communication of persons to be expelled if this may violate the internal rules of the detention centre or impede enforcement of the expulsion.

(5) The correspondence of persons to be expelled with state agencies, legal defence counsels, ministers of religion and consular officers of the country of nationality shall not be restricted.

(6) A person to be expelled who does not have money shall be allowed to contact family members, state agencies, legal defence counsels, ministers of religion and consular officers of their state of citizenship at the expense of the detention centre.

§ 26¹². Acquisition of items

(1) Persons to be expelled may, by the mediation of the detention centre, buy foodstuffs, toiletries and other items the holding of which is permitted in the detention centre, in an amount and pursuant to the procedure provided for in the internal rules of the detention centre.

(2) A person to be expelled is permitted to receive packages. The Police and Border Guard Board shall examine the content of the package in the presence of the recipient of the package before it is handed over.

(2¹) It is prohibited to receive food and medicinal products in a package.

(3) The Police and Border Guard Board is required to seize items contained in a package the holding of which is prohibited in the detention centre and not hand over such items to the person to be expelled.

(4) Seized items, except those that cannot be deposited, shall be deposited pursuant to the procedure provided for in the internal rules of the detention centre until release of the person to be expelled from the detention centre.

(5) Seized items that cannot be deposited shall be destroyed pursuant to the procedure prescribed by the internal rules.

(6) Seized items may be returned to the sender of the package at the expense of the person to be expelled or the sender of the package.

§ 26¹³. Duties of persons to be expelled

(1) Persons to be expelled are required to comply with the internal rules of the detention centre.

(2) Upon violation of the internal rules, which endangers other persons to be expelled or other persons or otherwise endangers the security of the detention centre, the security measures provided for in § 26¹⁵ of this Act may be applied.

(3) Persons to be expelled are required:

1) to follow the lawful orders given by the Police and Border Guard Board;

2) not to prevent the Police and Border Guard Board from performing their duties;

3) to allow the performance of acts provided for in this Chapter;

4) not to disturb other persons in the detention centre;

5) to promptly inform the Police and Border Guard Board of all circumstances which may endanger the security of the detention centre or violate internal rules thereof, or endanger the life or health of the person to be expelled or other persons;

6) handle the things entrusted to the person to be expelled rationally and keep in order and clean the dwelling and non-work rooms which the person to be expelled uses.

(4¹) If the person to be expelled has no sufficient finances the costs related to expulsion may be recovered from the state that has made the expulsion decision pursuant to the Council Directive 2004/ 191/ EC, setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals (OJ L 60, 27.02.2004, pp.55–57).

§ 26¹⁴. Examination

(1) In order to detect items that are not permitted, a migration official is, in the case of doubt, required to search a person to be expelled, his or her personal effects, the dwelling and non-work rooms, other rooms and the territory of the detention centre. An official of the same sex as the person to be expelled shall conduct the search of the person to be expelled.

(2) Prohibited items that are found in the course of a search shall be deposited or destroyed pursuant to the procedure provided for in the internal rules of the detention centre.

(3) Documents and cash found in the course of examination shall be deposited and returned to the person to be expelled when he or she is released from the detention centre.

(4) A person to be expelled and his or her belongings shall be examined pursuant to the procedure provided for in the Law Enforcement Act.

(5) The Police and Border Guard Board shall have the right to apply direct coercion upon inspection of the living spaces and utility rooms, other premises and territory of a detention centre.

§ 26¹⁵. Security measures

(1) Security measures are imposed with regard to a person to be expelled who violates the obligations provided for in this Act or the internal rules of the detention centre, fails to take care of his or her personal hygiene to a necessary extent and this has brought about actual danger to the health of the person to be expelled or to the health of other persons, wilfully damages his or her health or the property of the detention centre or is likely to attempt suicide or escape, and to a person to be expelled who acts in a violent manner towards other persons and with regard to a person to be expelled who has failed to undergo health check during the admission to the detention centre in order to survey his or her health condition.

(2) The following security measures are permitted:

1) restriction of the freedom of movement and communication of a person to be expelled;

2) prohibition to use personal effects;

3) commission of a person to be expelled in an isolated locked room;

(2¹) Security measures provided for in clause 3 of subsection 2 of this section may be applied with regard to a person to be expelled in the case of a real and immediate threat.

(3) Application of security measures shall be terminated if the need ceases to exist.

(4) Upon imposition of security measures, a person to be expelled shall be allowed, at his or her request, to be in the open air for at least one hour daily.

(4¹) Security measures may also be applied upon convoying a person to be expelled outside the detention centre.

(5) The head of the detention centre shall decide on application of security measures. In case of urgency, a higher official currently present shall decide on the application of security measures and inform the head of the detention centre thereof at the earliest opportunity.

(5¹) Direct coercion may be used when applying security measures.

(6) For the prevention of emergencies, mass disorders and external attacks and for the apprehension of escaped persons to be expelled, a defence plan which is confirmed by the Director General of the Police and Border Guard Board in coordination with the Ministry of the Interior shall be developed in the detention centre.

§ 26¹⁷. Special equipment and service weapons

(1) The Police and Border Guard Board may use special equipment and service weapons in the detention centre, upon escorting a person to be expelled, for prevention of the escape of the person to be expelled or for apprehension of an escaped person to be expelled or for prevention of the intrusion of unauthorised persons into the detention centre on the bases and pursuant to the procedures provided in the Law Enforcement Act.

(2) The provisions of §§ 78¹ and 78² of the Law Enforcement Act shall apply to special equipment and service weapons of a detention centre.

§ 26¹⁸. Acts upon release from detention centre

(1) In the cases provided for in § 24 of this Act, a person to be expelled shall be released from the detention centre on the basis of an order of the head of the detention centre.

(2) Upon release from the detention centre, the items and documents deposited in the detention centre shall be returned to the person to be expelled.

(3) In the case of expulsion, documents and items that may endanger the security of the person to be expelled or officials enforcing expulsion shall be returned to the person to be expelled at a border checkpoint.

(4) The items and documents of a person to be expelled who is taken into custody shall be handed over to an official who took the person to be expelled into custody.

(5) In exceptional cases, the head of the detention centre has the right to decide to pay a single benefit not exceeding the applicable subsistence limit established on the basis of the minimum consumption expenditure may be paid to a person to be expelled upon his or her release form the detention centre if the person lacks financial means. After the person to be expelled is released from the detention centre, the amount of such benefit may be collected, pursuant to the provisions of the Foreign Nationals Act, from the person to be expelled or the person who invited him or her to Estonia.

§ 26¹⁹. Management and liability of detention centre

(1) The work of the detention centre is directed by the head of the detention centre.

(2) The head of the detention centre shall be liable for compliance with the obligations and the internal rules provided for in this Chapter and for ensuring security in the detention centre.

(3) An official of the Police and Border Guard Board shall not disclose any facts which become known to him or her in connection with the performance of his or her duties to persons outside the service, including facts pertaining to the personal relationships of persons detained. The duty to maintain professional secrecy has an unspecified term.

(4) An official of the Police and Border Guard Board is required to immediately inform the head of the detention centre or, in his or her absence, a higher official currently present, of violation of the internal rules and of other facts which may affect enforcement of the expulsion or security in the detention centre.

(5) The head of the detention centre has the right to officially certify the authenticity of a signature of a person to be expelled.

§ 26²⁰. Performance of functions of detention centre

(1) The Police and Border Guard Board may transfer the performance of functions of the detention centre and of officials of the detention centre on the basis of an administrative contract. The functions of the head of the detention centre or an official appointed by him or her may not be transferred.

(2) A person who has assumed the obligation to perform the functions of the detention centre on the basis of an administrative contract is required to ensure detention of the persons to be expelled, compliance with the internal rules and security in the detention centre in compliance with the requirements.

(3) Adult Estonian citizens with active legal capacity whose level of Estonian language proficiency is at least at level B2 (intermediate) or an equal level may be used upon performance of functions specified in subsection 2 of this section, which are transferred on the basis of an administrative contract. Persons who are serving a sentence for a criminal offence or data concerning those whose penalty has not been expunged from the criminal records database shall not be used.

(4) Functions transferred on the basis of an administrative contract shall bring about the rights, obligations and liability provided for in this Act.

(5) Upon performance of functions transferred on the basis of an administrative contract, a person who has assumed the obligations and the employees thereof shall be held liable by way of civil, criminal or administrative procedure on the same basis as an official of the Police and Border guard Board.

(6) The employees of a person who has assumed the obligation to perform the functions transferred on the basis of an administrative contract are required to follow the lawful commands given by the head of the detention centre.

(7) The Director General of the Police and Border Guard Board or a person authorised by him shall exercise supervision over performance of the functions transferred on the basis of an administrative contract.

§ 26²¹. Internal procedure rules of detention centre

(1) The internal procedure rules of the detention centre shall be established by a regulation of the minister in charge of the policy sector.

(2) The internal procedure rules of the detention centre shall at least provide for the following:

1) the procedure for moving about in the territory and buildings of the detention centre;

2) the procedure for the exercise of supervision in the detention centre;

3) the procedure for the supervision of a person to be expelled temporarily staying outside the detention centre;

4) the list of substances and items prohibited for the person to be expelled, as well as the total weight of the items held on the person to be expelled and deposited;

5) the procedure for admission for deposit of personal effects, cash and identity documents;

6) the procedure for the examination of the personal file of a person to be expelled by the person to be expelled;

7) the procedure for the preservation of personal files of a person to be expelled;

8) the procedure for the submission of complaints.

(3) It is prohibited to hold substances and items in the detention centre that may:

1) endanger the life or health of a person himself or herself or other persons;

2) endanger the security of the detention centre;

3) substantially impede the detention centre to comply with hygiene requirements.

4) may disturb other persons

§ 26²³. Medical examination and vaccination of official and employee

(1) Medical examinations and, where needed, vaccination against infectious diseases shall be provided free of charge to an official or employee of the Police and Border Guard Board who performs the duties arising from this Act.

(2) The conditions and procedure for medical examinations and vaccination shall be established by a regulation of the minister in charge of the policy sector.

§ 26²⁴. Disciplinary penalties

(1) A disciplinary penalty may be applied with regard to a person to be expelled for wrongful violation of this Act or requirements of internal rules of the detention centre.

(2) Disciplinary sanctions applied to a person to be expelled are:

1) reprimand;

2) prohibition on visits;

3) prohibition on shopping for up to one month;

4) extension of the period of validity of the prohibition on entry applied with the precept to leave but not for longer than five years as of the date of making the precept to leave.;

5) commission in an isolated locked room for up to 48 hours.

(3) The disciplinary penalty provided for in clause 5 of subsection 2 of this section shall be applied in the case of the repeated and serious disciplinary violations.

(4) In the case of a serious disciplinary violation the head of detention centre shall have the right to commission a person to be expelled into an isolated locked room before the termination of the disciplinary proceedings.

§ 26²⁵. Disciplinary proceedings

(1) Disciplinary proceedings are conducted by the head of the detention centre or an official appointed by him or her on the basis of the directive of the Police and Border Guard Board.

(2) A person to be expelled shall be immediately notified of the disciplinary violation of which he or she is accused. A person to be expelled shall have the right to give explanations.

(3) The course of the disciplinary proceedings is recorded. The data presented in the record shall be provided for in the internal rules of the detention centre.

§ 26²⁶. Imposition of disciplinary penalties

(1) Disciplinary penalties are imposed by the Director General of the Police and Border Guard Board, or an official appointed by him or her on the proposal of the head of the detention centre or an official who conducted disciplinary proceedings. The imposition of a disciplinary penalty is formalised as a directive, and it shall be justified.

(2) The directive concerning the imposition of a disciplinary penalty shall be issued to a person to be expelled against signature.

(3) Only one disciplinary penalty may be applied for one and the same disciplinary violation. Collective penalties are prohibited.

(4) A disciplinary penalty may be imposed within six months as of the day of the commission of violation, but within one month as of the day of becoming aware of the violation. A disciplinary penalty is imposed before the release of the person to be expelled from the detention centre.

§ 26²⁷. Enforcement of disciplinary penalty

(1) A disciplinary penalty shall be enforced immediately.

(2) A person to be expelled who is placed into an isolated locked room for enforcement of disciplinary penalty shall be kept alone in the room.

(3) Upon placement into an isolated locked room the security check of the person to be expelled is performed and his or her personal effects are examined. The personal effects found in the room of the person to be expelled shall be taken for deposit and they shall be returned to him or her after the release from the isolated locked room.

(4) Calling of the person to be expelled who is placed into an isolated locked room to an investigative body, prosecutor or court shall not release him or her from further service of the disciplinary penalty.

(5) The locked room shall be in compliance with the conditions provided for in subsection 6 of § 265 of this Act and ensure constant visual or electronic surveillance of a person to be expelled.

(6) A person to be expelled who is placed in a locked room shall have no right to move in the territory of the detention centre pursuant to the procedure provided for in subsection 1 of § 26⁶ of this Act. A person to be expelled shall be enabled being in the open air for at least one hour daily at his or her request.

(7) Application of subsection 8 of § 26⁵ of this Act, shopping and watching radio and television broadcasts may be partially or wholly restricted with regard to a person to be expelled who has been placed in a locked room.

§ 26²⁸. Expiry of disciplinary penalty

A disciplinary penalty expires within one year as of the imposition of the disciplinary penalty.

§ 27. Specification of application of prohibition on entry

The provisions of Chapter 5 of this Act apply to the extent that does not conflict with the provisions of Chapter 2. The provisions of Chapter 5 do not apply to the procedure of establishment of the prohibition on entry applied in the precept to leave and the establishment of the period of validity of the prohibition on entry.

§ 27¹. Period of validity of prohibition on entry

(1) A prohibition on entry shall be temporary or permanent. A temporary prohibition on entry may have a period of validity of up to ten years.

(2) The period of validity of a prohibition on entry is a period of time calculated in years or months, within which the legal consequences provided for in § 28 of this Act apply to a foreign national.

(3) The period of validity of a prohibition on entry shall commence on the date on which the order to apply the prohibition on entry is made, unless a later date is prescribed in the order for the start of the period of validity of the prohibition on entry.

(4) The period of validity of a prohibition on entry shall end upon the expiry thereof or upon revocation of the prohibition on entry.

§ 27². Application of Schengen entry ban

A foreign national who is not a citizen of the European Union, a Member State of the European Economic Area or the Swiss Confederation or their family member is subject to the Schengen ban on entry unless the foreign national holds a valid long-stay visa or residence permit of a Member State of the Schengen Convention or the European Union.

§ 28. Legal consequences of prohibition on entry

(1) A foreign national with regard to whom a prohibition on entry applies shall not be granted permission to enter Estonia at a border checkpoint.

(2) A foreign national with regard to whom a prohibition on entry applies shall not be granted a basis for stay and his or her basis for stay shall not be extended within the period of validity of the prohibition on entry.

(3) A foreign national on whom a prohibition on entry is imposed is not permitted to stay in Estonia and the stay of such foreign national in Estonia is illegal regardless of the existence of a basis for stay.

(3²) A foreign national with regard to whom a prohibition on entry applies shall be detained by an official of the Police and Border Guard Board or an officer of the Estonian Internal Security Service and the expulsion of him or her from Estonia shall be organised without delay.

(4) A prohibition on entry does not deprive a foreign national of the right to apply for international protection in Estonia.

§ 28¹. Refusal of entry into Estonia of foreign national without imposition of prohibition on entry

(1) Refusal of entry into Estonian of a foreign national without imposition of prohibition on entry is permitted if:

1) a circumstance which constitutes the basis for imposition of a prohibition to entry exist with regard the foreign national;

2) the foreign national has committed an offence in Estonia;

3) the foreign national has failed to pay a fine imposed on the foreign national for an offence committed in Estonia;

4) the foreign national has failed to pay for the expenses for expulsion;

5) there is reason to believe that the arrival of the foreign national to Estonia may pose a threat to national security, public safety or public order;

6) there is reason to believe that the purpose of the foreign national’s arrival to Estonia does not correspond to the purpose of arrival claimed by the foreign national;

7) there is reason to believe that the foreign national does not intend to leave Estonia after his or her basis for stay expires.

8) the decision on expulsion made on the basis of Article 3 of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals (OJ L 149, 2.06.2001, pp.34–36) applies with regard to a foreign national that is not revoked nor suspended by the state making the decision.

(2) Subsection 1 of this section shall not apply to a foreign national who holds a residence permit.

§ 29. Bases for application of prohibition on entry

(1) A prohibition on entry may be applied with regard to a foreign national if:

1) there is good reason to believe that his or her stay in Estonia may endanger the security and public order of the Republic of Estonia, other Member State of the European Union, a Member State of the Schengen Convention or a Member State of the North Atlantic Treaty Organisation or the health of other persons;

2) there is information or good reason to believe that he or she belongs to a criminal organisation, that he or she is connected with the illegal handling or illicit trafficking of narcotics, psychotropic substances or the illegal conveyance of persons across the border or a temporary control line, that he or she is a member of a terrorist organisation or has committed an act of terrorism, or there is good reason to believe that that he or she may commit a terrorist crime or he or she is involved in financing or supporting a terrorist crime or money laundering;

3) he or she is employed or has been employed by the intelligence or security service of a foreign state or he or she is related to or has been related to the intelligence or security service of a foreign state, or there is good reason to believe that he or she is employed or has been employed by an intelligence or security service of a foreign state or he or she is related to or has been related to the intelligence or security service of a foreign state;

4) he or she has received or there is good reason to believe that he or she has received special training in landing operations or in diversion or sabotage activities, or other special training, and if the knowledge and skills acquired in the process of such training can be directly applied in the formation or training of illegal armed units;

5) he or she incites or there is good reason to believe that he or she may incite national, racial, religious or political hatred in Estonia or a foreign state;

6) he or she has been punished or there is good reason to believe that he or she has been punished for a serious crime against humanity or for a war crime, regardless of whether the criminal record has expired or been expunged, and regardless of the expungement of data concerning the penalty from the criminal records database;

6¹) there is information or a good reason to believe that the foreign national has participated or contributed to violation of human rights in a foreign state, which has resulted in the death or serious injury of a person, the unfounded conviction of a person in an offence inspired by political motives or other serious consequences;

7) he or she has been punished for an intentionally committed criminal offence or for another offence in Estonia or a foreign state, and if the criminal record has neither expired nor been expunged or if data concerning the penalty have not been expunged from the criminal records database;

8) the foreign national has violated legislation regulating the stay of foreign nationals in Estonia or the crossing of the state border by foreign nationals;

9) the foreign national has provided incorrect information or a falsified document upon application for a legal basis to stay in Estonia or extension thereof, for Estonian citizenship, international protection or an identity document;

10) the foreign national has unperformed obligations to the Estonian state, a governmental authority or local government.

(2) A permanent prohibition on entry may be applied in the cases provided for in clauses 1–6¹ of subsection 1 of this section.

(3) If it is impossible for the family of a foreign national to live together outside Estonia or if the resettlement of the family in a foreign state would involve difficulties on a disproportionate scale in comparison with the need to establish a prohibition on entry, a prohibition on entry with regard to the foreign national may be applied only in the cases provided for in clauses 1–6¹ of subsection 1 of this section.

(4) The following persons living legally in Estonia together with a foreign national in the same family shall be deemed to be the family members of the foreign national:

1) spouse;

1¹) registered partner;

2) minor child;

3) parent if the foreign national is a minor.

(5) If the bases for application of a prohibition on entry provided for in subsection 1 of this section become evident during the proceedings for the grant or extension of a basis for stay, the grant or extension of the basis for stay shall be refused and a prohibition on entry shall be applied with regard to the foreign national.

§ 30. Non-application of prohibition on entry

Prohibition on entry shall not be applied:

1) with regard to a foreign national less than 13 years of age;

2) with regard to a foreign national who is of Estonian origin;

3) with regard to a foreign national whose application for international protection has been accepted for processing in Estonia or who has been granted international protection in Estonia.

§ 30¹. Specifications for application of prohibition on entry

(1) Upon application of a prohibition on entry and on the basis thereof, revocation of the basis for stay or termination of the right of residence, the foreign national need not be granted a possibility to provide his or her opinion and objections.

(3) The grounds on which the prohibition on entry is applied, including data and evidence gathered in proceedings, are not disclosed, including to the data subject, to the extent which is contrary to the objectives provided in subsection 3 of § 33⁶ of this Act.

§ 31. Order to apply prohibition on entry

(1) The application of a prohibition on entry shall be decided without undue delay by the Ministry of the Interior or an authorised governmental authority in the area of government of the Ministry of the Interior.

(3) Upon an order to apply a prohibition on entry and the determination of the period of validity of a prohibition on entry, all of the following circumstances shall be taken into account:

1) the duration of the foreign national’s legal stay in Estonia;

2) the age of the foreign national;

3) the condition of health of the foreign national

4) personal, economic and other ties which the foreign national has with Estonia and which are deserving of protection;

5) the consequences of the application of the prohibition on entry for the family members of the foreign national;

6) the social and cultural integration of the foreign national;

7) the connections of a foreign national to the country of origin;

8) the circumstances which are the basis for application of a prohibition on entry;

8¹) holding a residence permit or a long-term visa of a Member State of the European Union, a Member State of the European Economic Area and the Swiss Confederation;

9) other relevant considerations.

§ 31¹. Proposal to apply prohibition on entry

(1) A governmental authority or a state agency administered by a governmental authority may make a proposal to the minister in charge of the policy sector to order application of prohibition on entry.

(2) The proposal specified in subsection 1 of this section shall contain the basis and reason for application of prohibition on entry and the circumstances set forth in subsection 3 of § 31 of this Act. Where possible, documents in proof of the circumstances shall be appended to the proposal.

§ 32. Amendment of period of validity of prohibition on entry

(1) The Ministry of the Interior or an authorised governmental authority within the area of government of the Ministry of the Interior shall revoke the prohibition on entry or shorten the period of validity of the prohibition on entry at the justified request of the foreign national or on the justified proposal of a governmental authority or a state agency administered by the governmental authority or at the request of the competent authority of a Member State of the Schengen Convention or the European Union, except Estonia, if the circumstances forming the basis for application of the prohibition on entry have changed or ceased to exist, as well as for humanitarian reasons if this does not pose a threat on national security or public order.

(1¹) At the justified request of the competent authority of a Member State of the Schengen Convention or the European Union, except Estonia, upon revocation of the prohibition on entry in the case provided in subsection 1 of this section the information concerning of the prohibition on entry shall be deleted from the Schengen Information System. On the decision of the minister in charge of the policy sector or a senior official of the Ministry of the Interior authorised thereby the prohibition on entry may be maintained only in the National Register of Prohibitions on Entry.

(1²) The Ministry of the Interior or an authorised governmental authority within the area of government of the Ministry of the Interior may, on the basis of the justified request of the foreign national and the existence of the relevant evidence submitted by the foreign national, revoke the Schengen entry ban applied in the precept to leave if the foreign national proves that they have left the territory of a Member State of the Schengen Convention and the European Union within the term for voluntary compliance with the obligation to leave prescribed in the precept to leave.

(2) The Ministry of the Interior or an authorised governmental authority within the area of government of the Ministry of the Interior may extend the period of validity of the prohibition on entry or replace a temporary prohibition on entry with a permanent prohibition on entry on the initiative of a governmental authority or a state agency administered by a governmental authority if the bases for application of a prohibition on entry provided for in subsection 1 of § 29 of this Act become evident with regard to a foreign national. The provisions of subsection 3 of § 31 of this Act apply with regard to extension of the period of validity or replacement of a temporary prohibition on entry with the permanent prohibition on entry.

(3) In order to change the period of validity of a Schengen re-entry ban, a foreign national is required to apply to a Member State of the Schengen Convention or the European Union which has applied the Schengen re-entry ban.

§ 32¹. Suspension of period of validity of prohibition on entry

(1) The Ministry of the Interior or an authorised governmental authority within the area of government of the Ministry of the Interior may suspend the period of validity of a prohibition on entry for a specified term on the proposal of a governmental authority, state agency administered by a governmental authority or a court or at the justified request of a foreign national, if the short-term arrival and stay in Estonia of the foreign national is unavoidably necessary.

(2) The Ministry of the Interior or an authorised governmental authority within the area of government of the Ministry of the Interior may, at the justified request of a foreign national and the existence of the relevant evidence submitted by the foreign national, suspend for a specified term the period of validity of the Schengen entry ban applied in the precept to leave if the foreign national proves that they have left the territory of a Member State of the Schengen Convention and the European Union within the term for voluntary compliance with the obligation to leave prescribed in the precept to leave.

§ 33. State register of prohibitions on entry

(1) The State Register of Prohibitions on Entry (hereinafter in this section register) is founded by the Government of the Republic of Estonia and the statutes of the register are established by a regulation of the minister in charge of the policy sector.

(2) The purpose of the State Register of Prohibitions on Entry is to ensure public order and national security through processing the data of prohibitions on entry applied with regard to foreign nationals and implementation of international sanctions.

(3) With the purpose to meet the objective of maintaining the register and for the performance of the tasks provided in a legal act of the European Union, an international agreement, an act or regulation, regarding the data collected in the proceeding of application of prohibition on entry, amendment or suspension of period of validity of the prohibition on entry, and the data on the administrative acts issued and actions performed in the respective proceedings the following data are processed:

1) general data of the foreign national;

2) date and place of birth of the foreign national and data of the identity document;

3) specific and objective unchanging physical characteristics of the foreign national;

4) information on whether the foreign national is armed, violent, evades justice or has escaped, is suicidal, poses a threat to public health or is involved in activities referred to in Articles 3–14 of Directive (EU) 2017/541 of the European Parliament and of the Council on combating terrorism, replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.03.2017, pp 6–21);

5) data on an alert concerning the prohibition on entry which is entered in the Schengen Information System;

6) information on whether the foreign national is a family member of a citizen of the European Union or another person with the right of free movement, as referred to in Article 26 of Regulation (EU) 2018/1861 of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of border control, amending the Convention implementing the Schengen Agreement and Regulation (EC) No 1987/2006 and repealing Regulation (EC) No 1987/2006 (OJ L 312, 07.12.2018, pp 14–55);

7) information on whether the decision on prohibition on entry and stay in the country is based on an entry ban referred to in clause b of subsection 1 of Article 24 of Regulation (EU) 2018/1861 of the European Parliament and of the Council, or on a previous conviction referred to in clause a of subsection 2, a serious security threat referred to in clause b, or on evasion of the European Union or national law on entry and stay in the country referred to in clause c or on a restrictive measure referred to in Article 25;

8) information on the criminal conviction of the foreign national;

9) a photograph and facial image of the foreign national;

10) fingerprint data of the foreign national;

11) information on the application and implementation of the entry ban;

12) information on the procedural act and decision and information on the appeal of the decision.

(4) Upon identification of a person and verification of a person’s identity for the purposes of § 15⁵ of the Identity Documents Act, the person’s identity data, entered in the register, may be processed.

(5) The data processed in the register, including in the procedural file, are not public unless otherwise provided by this Act.

(6) The Ministry of the Interior or the Police and Border Guard Board may enable verification of the validity of the prohibition on entry on the public web page without disclosing the personal data of the foreign national.

(7) The controller of the register is the Police and Border Guard Board.

(8) The procedure for maintaining the register is provided in the statutes of the register, including:

1) data providers and data received from them;

2) more detailed data composition;

3) data exchange between databases;

4) tasks of the controller;

5) processor and their tasks;

6) procedure for granting access to data and issuing data;

7) more specific time limits for data retention;

8) other organisational issues.

(8¹) The data in the register are stored as follows:

1) data on permanent entry bans – for a maximum of 75 years as of the date of birth of the foreign national;

2) data on temporary entry bans – for a maximum of ten years as of the date of expiry of the temporary entry ban and for a maximum of 40 years in the archive.

(8²) The more specific time limits for the storage of data in the register are provided in the statutes of the register.

(9) Biometric data processed for the purpose of identification of a person or verification of the identity of a person are deleted from the register immediately after the performance of the comparative study.

§ 33¹. Implementation of prohibition on entry and Schengen information system

(1) The prohibition on entry arising from an administrative act, court judgment or legislation is applied by entry of data in the State Register of Prohibitions on Entry.

(2) In case a Schengen entry ban has been applied to a foreign national, the Police and Border Guard Board forwards the data on the prohibition on entry also to the Schengen Information System in accordance with Regulation (EU) 2018/1861 of the European Parliament and of the Council.

(3) The Schengen entry ban accompanying the obligation of a foreign national to leave is enforced by the Police and Border Guard Board in the Schengen information system upon compliance with the obligation to leave of the foreign national.

(4) In case the Schengen entry ban has been applied to a foreign national who is not staying in the territory of a Member State of the Schengen Convention or the European Union, the Police and Border Guard Board enforce it in the Schengen information system without delay after the decision to apply the entry ban has been made, in the case the decision does not provide for a later entry date of the prohibition on entry.

(5) The Police and Border Guard Board does not forward the data of the Schengen entry ban to the Schengen information system or deletes the data entered there without delay in the case it appears that:

1) the entry ban has been applied to a citizen of a Member State the European Union, of the European Economic Area or the Swiss Confederation, or a member of their family;

2) the entry ban has been applied to a foreign national who has been issued a valid long-term visa or residence permit by a Member State of the Schengen Convention or the European Union;

3) the entry ban has been applied to a foreign national whose host country is a Member State of the Schengen Convention or the European Union;

4) a Member State of the Schengen Convention or the European Union has notified of the intention to grant the foreign national a long-term visa or residence permit or to extend its period of validity;

5) the data of the entry ban have been entered into the Schengen information system in accordance with Article 25 of Regulation (EU) 2018/1861 of the European Parliament and of the Council;

6) the scope of application of the entry ban is limited to the territory of Estonia;

7) The Schengen entry ban has been suspended, revoked or revoked.

(6) The Police and Border Guard Board may withhold data on the Schengen entry ban from being transmitted to the Schengen information system in the case this may harm the prevention, detection, prosecution of the offence or execution of the punishment.

(7) The data of the entry ban entered in the State Register of Prohibitions on Entry and the Schengen information system have a legal meaning upon making a decision to obligate a foreign national to enter the country, stay in the country and reside in the country or to leave the country. The correctness of the data entered in the State Register of Prohibitions on Entry and the Schengen information system is assumed.

(8) On the basis of Article 54 of Regulation (EU) 2018/1861 of the European Parliament and of the Council, a foreign national may submit a request to the Police and Border Guard Board to obtain access to the data on the prohibition on entry entered in the Schengen information system, to correct or delete them, or to obtain information or compensation in connection therewith.

(9) A foreign national may file an appeal against a decision made on an application submitted on the basis of subsection 8 of this section in accordance with the special rules provided in the Administrative Procedure Act or a complaint to the administrative court in accordance with the special rules provided in the Code of Administrative Court Procedure.

§ 33². Communication of application of prohibition on entry, amendment of term of validity of prohibition on entry, revocation of prohibition on entry and suspension of prohibition on entry

(1) The application of a prohibition on entry and its term of validity, amendment of the term of validity of a prohibition on entry, revocation of a prohibition on entry or suspension of a prohibition on entry shall be deemed to be communicated to a foreign national after the relevant information has been published on the website of the Ministry of the Interior.

(2) If the name, time of birth or a personal identification code and citizenship of the foreign national concerned is known, such information shall be published on the website.

(3) The application of a prohibition on entry, amendment of the term of validity of a prohibition on entry, revocation of a prohibition on entry and suspension of a prohibition on entry shall be communicated to the foreign national in writing at the initiative of the foreign national.

§ 33³. Contestation of application of prohibition on entry and amendment of term of validity of prohibition on entry

(1) Application of a prohibition on entry or amendment of the term of validity of a prohibition on entry may be contested pursuant to the procedure provided in the Code of Administrative Court Procedure within thirty days after communication thereof.

(2) Contestation of application of a prohibition on entry or amendment of the term of validity of a prohibition on entry does not postpone expulsion for the time of the court proceedings.

(3) After expiry of the term for contestation of application of a prohibition on entry, expulsion, refusal to grant or extend a basis for stay, or revocation of a basis for stay cannot be contested based on the unlawfulness of the application of prohibition on entry.

§ 33⁴. Disclosure of information related to application of prohibition on entry

(1) Information not specified in subsection 1 of § 33² of this Act related to the application of prohibition on entry is not public.

(2) The minister in charge of the policy sector may classify information specified in subsection 1 of § 33² of this Act as information intended for internal use if this is necessary in order to achieve the objectives provided in subsection 3 of § 33⁶.

§ 33⁶. Processing personal data

(1) In the case of the procedures provided for in this Act, an administrative authority shall have the right to process personal data, including a specific type of personal data.

(2) An administrative authority may transfer personal data specified in subsection 1 of this section to third parties for the purpose of identifying and verifying matters of importance to the proceedings. Third parties may process personal data communicated to them to the extent necessary to ascertain the facts relevant to the proceedings.

(3) The right of a data subject to receive information and access to personal data collected on him or her, as well as the right of access to data entered in the database, including the procedural file, may be restricted if it may:

1) prevent or damage the prevention, detection, processing or execution of a punishment;

2) damage the rights and freedoms of another person;

3) endanger the security of the Republic of Estonia, another Member State of the European Union, a Member State of the Schengen Convention or a Member of the North Atlantic Treaty Organization;

4) jeopardize the protection of public order, including preventing the expulsion of foreign nationals.

(4) The restriction on publication of the information specified in subsection 3 of this section shall apply to the data subject with respect to the following rights:

1) to obtain information about the processing of his or her personal data, including which personal data are processed, as well as the manner, method, purpose, legal basis, scope or reason for the processing;

2) to know the recipients of his or her personal data and the categories of personal data to be disclosed and whether his or her personal data are transferred to a foreign state or international organization;

3) to demand that the processing of his or her personal data be restricted;

4) to object to the processing of his or her personal data;

5) to find out about a personal data breach.

(5) The restriction on publication of the information specified in subsection 3 of this section may also be applied to data obtained from a foreign state or an international organization.

§ 33⁷. Getting personal details

The personal data received from a foreign state or international organisation may be processed for performance of duties arising from international agreement, legislation of the European Union or other legislation.

§ 33¹¹. Taking biometric data of foreign national staying in Estonia without legal basis

(1) (1) The Police and Border Guard Board or the Estonian Internal Security Service takes biometric data from a foreign national of at least six years of age or over who has illegally crossed the external border of Estonia or who is staying in Estonia without a basis for stay and, alongside with other required data, transmits them to the Eurodac system in accordance with Articles 22 and 23 of Regulation (EU) 2024/1358 of the European Parliament and of the Council establishing the ‘Eurodac’ system for the comparison of biometric data for the effective application of Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and identifying illegally staying third-country nationals and stateless persons and dealing with requests for the comparison with Eurodac data by law enforcement authorities of the Member States and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council (OJ L, 2024/1358, 22.05.2024).

(2) The Police and Border Guard Board or the Estonian Internal Security Service shall take biometric data from a foreign national staying in Estonia without a basis for stay for the performance of the obligation provided for in subsections 2 of § 33¹ and subsection 1 of § 33¹⁶ of this Act.

(3) The Police and Border Guard Board or the Estonian Internal Security Service may take fingerprints of a foreign national to whom a prohibition on entry has been imposed.

(4) A foreign national who refuses to submit biometric data may be subject to direct coercion.

(5) Biometric data is entered into the database of the automatic biometric identification system (hereinafter ABIS database).

(6) The form of the fingerprint card is established by a regulation of the minister in charge of the policy sector.

§ 33¹⁴. Database of foreign nationals staying or having stayed in Estonia illegally

(1) The database of foreign nationals who are staying or have stayed in Estonia without legal basis (hereinafter in this section database) is founded and its statutes are established by a regulation of the minister in charge of the policy sector.

(2) The purpose of maintaining the database is to ensure public order and national security by processing the data about the illegal stay in Estonia of foreign nationals and their compliance with the obligation to leave from Estonia.

(3) In order to perform the purpose of maintaining the database and the task provided in a legal act of the European Union, an international agreement, an act or regulation, regarding the data collected in proceedings related to the compliance with the obligation to leave of a foreign national who is or has been staying in Estonia without a legal basis to stay in Estonia or to leave Estonia and regarding the administrative act issued and the act performed in the respective proceedings the following data are processed:

1) general data of the foreign national;

2) patronymic, date and place of birth, nationality and religious affiliation of the foreign national;

3) data of the identity document of the foreign national;

4) data on the language skills and education of the foreign national;

5) data on the marital status of the foreign national;

6) data on the stay of the foreign national in the country of origin and transit and departure from these countries;

7) data on the arrival of the foreign national in Estonia;

8) data on the criminal conviction of the foreign national;

9) photo and facial image of the foreign national;

10) dactyloscopic data of the foreign national;

11) data on the special needs of the foreign national;

12) a specific and objective unchanging physical characteristic of the foreign national;

13) the method of identifying the identity of the foreign national, including their age;

14) general information about the legal representative of the foreign national;

15) general information about the family member and close relative of the foreign national, place of birth, civil status information and relationship to the foreign national;

16) data on the service and employment of the foreign national in military service, armed forces, as an active serviceman or in the intelligence or security service, data on participation in a military operation outside Estonia and data on service in a state or non-state armed organization or unit;

17) data on the precept to leave issued to the foreign national and the entry ban and supervision measure applied with it;

18) data on the precept to legalise issued to the foreign national and the supervision measure applied with it;

19) data on the agreement on departure from Estonia entered into with the foreign national;

20) data on the detention and release from detention of the foreign national;

21) data on the health examination and risk assessment of the foreign national;

22) information on whether the foreign national is armed, violent, evades justice or has escaped, is suicidal, poses a threat to public health or is involved in activities referred to in Articles 3–14 of Directive (EU) 2017/541 of the European Parliament and of the Council;

23) information on an alert for the return of the foreign national entered into the Schengen Information System;

24) information on the application of a state supervision measure, security measure or direct coercive measure to the foreign national;

25) information on the disciplinary sanction of the foreign national;

26) information on the expulsion and transfer of the foreign national;

27) information on the costs of the compulsory execution of the obligation to leave and detention in a detention centre of the foreign national;

28) information on the procedural act and decision and information on the contestation of the decision;

29) data on counselling of a foreign national;

30) the data referred to in Articles 12 and 14–18 of Regulation (EU) 2024/1356 of the European Parliament and of the Council on the conduct of screening, its summary and completion;

31) Data referred to in Articles 22 and 23 of Regulation (EU) 2024/1358 of the European Parliament and of the Council.

(3¹) Upon identification of a person and verification of a person’s identity within the meaning of § 15⁵ of the Identity Documents Act, the identity data of a person entered in a database may be processed.

(4) In relations under private and public law the information of the database may be used as a basis for the information about the issued administrative acts and the operations performed in the proceedings referred to in subsection 3 of this section regarding the illegal stay of a foreign national in Estonia and his or her compliance with the obligation to leave from Estonia.

(5) The information processed in the database, including the data processed in the procedural file, is not public.

(6) The controller of the database is the Police and Border Guard Board.

(7) The procedure for maintaining the database is provided in the statutes of the database, including:

1) data providers and data received from them;

2) more detailed data composition;

3) data exchange between databases;

4) tasks of the controller;

5) processor and their tasks;

6) procedure for granting access to data and issuing data;

7) more specific deadlines for data storage;

8) other organisational issues.

(7¹) The data in the database are actively stored for a maximum of ten years as of the date of the obligation to leave the country of a foreign national and in the archive for a maximum of 40 years. The more specific data storage periods are provided in the statutes of the database.

(8) Biometric data processed for the purpose of identification of a person or verification of a person’s identity shall be deleted from the database immediately after the performance of a comparative study.

§ 33¹⁵. ABIS database

(1) The ABIS database is an electronic database the purpose of which, within the meaning of this Act, is to process biometric data taken for identification of a person and verification of a person’s identity in the proceedings for the application of an entry ban and in the proceedings related to the stay in Estonia of foreign nationals staying and having stayed in Estonia without a legal basis and compliance with the obligation to leave Estonia.

(2) In the proceedings provided for in this Act, data entered in the ABIS database on the basis of the Identity Documents Act, Citizenship Act, Consular Act, Code of Criminal Procedure, Imprisonment Act, Foreign Nationals Act, Act on Granting International Protection to Foreign Nationals and Code of Misdemeanour Procedure may be processed for identification of a person and verification of a person’s identity.

(3) Data entered in the ABIS database on the basis of the Acts specified in subsection 2 of this section may be processed for identification of a person and verification of a person’s identity for the purposes of ensuring public order and national security only if the person cannot be identified or the person’s identity verified based on the data entered in the ABIS database on the basis of this Act.

(4) The provisions of § 15⁵ of the Identity Documents Act shall apply to the processing of data entered in the ABIS database.

(5) The ABIS database shall be founded, and its statutes established by a regulation of the Government of the Republic.

(6) The controller of the ABIS database is the Police and Border Guard Board.

(7) The procedure for maintaining the ABIS database is provided in the statutes of the ABIS database, including:

1) data providers and data received from them;

2) more detailed data composition;

3) data exchange between databases;

4) tasks of the controller;

5) processor and their tasks;

6) procedure for granting access to data and issuing data;

7) more specific time limits for data storage;

8) other organisational issues.

(7¹) Data entered into the ABIS database on the basis of this Act are stored as follows:

1) data on a permanent entry ban – for a maximum of 75 years as of the date of birth of the foreign national;

2) data on a temporary entry ban – actively for a maximum of ten years as of the date of expiry of the temporary entry ban and in the archive for a maximum of 40 years;

3) data related to the compliance with the obligation to stay in Estonia and leave Estonia – actively for a maximum of ten years as of the date of compliance with the obligation to leave Estonia by the foreign national and in the archive for a maximum of 40 years.

(7²) More specific storage periods for data entered into the ABIS database on the basis of this Act are provided in the statutes of the ABIS database.

(8) The data contained in the ABIS database are subject to restrictions on access and have been recognized as information for internal use.

§ 33¹⁶. Transmission of data of obligation to leave of foreign national to Schengen information system

(1) In the case a foreign national has been ordered to leave the territory of a Member State of the Schengen Convention and the European Union, the Police and Border Guard Board immediately transmits the data on the obligation to leave of foreign national to the Schengen information system as of the day of issue of the order to leave, in accordance with Regulation (EU) 2018/1860 of the European Parliament and of the Council on the use of the Schengen information system for the return of illegally staying third-country nationals (OJ L 312, 07.12.2018, pp 1–13).

(2) The Police and Border Guard Board may not transmit the data on the obligation of a foreign national to leave the Schengen information system in the case the foreign national is detained.

(3) The Police and Border Guard Board immediately transfers to the Schengen information system the data on the obligation of a foreign national to leave in the case that the person to be expelled is released from detention without being expelled.

(4) The Police and Border Guard Board may not transmit to the Schengen information system the details of the obligation to leave of a foreign national in the case that the foreign national has been issued at the foreign border a precept to leave, which is executed immediately.

(5) The Police and Border Guard Board does not transmit to the Schengen information system the data on the obligation to leave of a foreign national or deletes without delay the data entered there, in the case it appears that:

1) the obligation to leave is imposed on a foreign national who is a citizen of a Member State of the European Union, of the European Economic Area or of the Swiss Confederation, or a member of their family;

2) the host country of the foreign national is a Member State of the Schengen Convention or the European Union;

3) The Member State of the Schengen Convention or the European Union has notified of its intention to grant a foreign national a long-term visa or residence permit or to extend its period of validity;

4) the foreign national has left the territory of the Member State of the Schengen Convention or the European Union or the foreign national is able to prove it;

5) the administrative act or court judgment that is the basis of the data on the obligation to leave has been revoked or annulled.

(6) The data on the obligation to leave of a foreign national's entered in the Schengen information system has a legal meaning upon making a decision on ordering the foreign national to stay and live in the country or to leave the country. It is assumed that the data entered in the Schengen information system are correct.

(7) On the basis of Article 54 of Regulation (EU) 2018/1861 of the European Parliament and of the Council, a foreign national may submit a request to the Police and Border Guard Board to obtain access to information on their obligation to leave entered in the Schengen information system, to correct, delete or obtain information about it, or receive compensation relating thereto.

(8) A foreign national may file a challenge against a decision made on the application submitted on the basis of subsection 7 of this section in accordance with the special rules provided in the Administrative Procedure Act or a complaint to an administrative court in accordance with the special rules provided in the Code of Administrative Court Procedure.

§ 33¹⁷. Special measures of state supervision

(1) The Police and Border Guard Board and the Estonian Internal Security Service have the right to verify whether a foreign national meets the conditions for entry into and stay in Estonia and fulfils the obligations provided in this Act.

(2) In accordance with the provisions of subsection 1 of this section, the Estonian Internal Security Service exercises state supervision in the performance of the functions arising from the Security Authorities Act for the prevention of criminal offences.

(3) In order to exercise the state supervision provided in this Act the Police and Border Guard Board and the Estonian Internal Security Service may apply the special measures of state supervision specified in §§ 31, 44, 45, 50 and 51 of the Law Enforcement Act on the bases and in accordance with the procedure provided in the Law Enforcement Act.

(4) The special measures of state supervision provided in §§ 50 and 51 of the Law Enforcement Act may be applied only where there is justified reason to believe that without the application of such measures, the performance of the obligation to leave of a foreign national is not effective.

§ 33¹⁸. Interviewing a foreign national

When exercising state supervision related to the identification, preparation and performance of the obligation to leave, the Police and Border Guard Board and the Estonian Internal Security Service have the right to interview a foreign national in accordance with the procedure provided in the Law Enforcement Act, including to request information and evidence from the foreign national regarding the circumstances related to entry into Estonia and stay in Estonia. The Police and Border Guard Board or the Estonian Internal Security Service may translate the explanations of a foreign national using an information technology tool.

§ 33¹⁹. Identification and verification of identity

(1) When exercising state supervision related to the identification, preparation and performance of the obligation to leave, the Police and Border Guard Board and the Estonian Internal Security Service have the right to require a foreign national to submit an identity document or a travel document of a foreign country, to obtain statements enabling identification of a person or verification of the identity of the person, including data on the place of residence of the person, and biometric data.

(2) The Police and Border Guard Board or the Estonian Internal Security Service may identify a person or verify the identity of a person based on other data, including data collected in previous proceedings conducted in respect of the person or processed in databases established based on European Union legislation or law.

(3) A foreign national is required to allow their identification and verification of their identity, including to allow the taking of biometric data.

(4) Upon identification of a foreign national or verification of their identity, the Police and Border Guard Board and the Estonian Internal Security Service have the right to use direct coercion for as long as it is unavoidable for the achievement of the objective.

(5) The Police and Border Guard Board or the Estonian Internal Security Service may escort a foreign national to an official premises where it is necessary for the identification of the foreign national or verification of their identity.

(6) The Police and Border Guard Board or the Estonian Internal Security Service may require a foreign national to confirm in writing or electronically the accuracy of the data obtained upon identification of the person or verification of their identity.

§ 33²⁰. Determination of filiation of person based on DNA data

(1) The Police and Border Guard Board or the Estonian Internal Security Service may take a DNA sample from a foreign national where the filiation of the person cannot be established in any other way.

(2) Taking a DNA sample from a foreign national is based on the procedure established on the basis of subsection 5 of § 33 of the Law Enforcement Act.

(3) Upon deciding on the taking of a DNA sample from a minor, the rights and interests of the minor are taken into account first and foremost.

(4) Direct coercion may be applied to a foreign national who refuses to provide a DNA sample.

(5) The data obtained as a result of a DNA sample are entered into the national biometric register of offence proceedings.

§ 33²¹. Identification of foreign national and determination of their obligation to leave based on other evidence

The Police and Border Guard Board or the Estonian Internal Security Service may identify a foreign national or verify their identity and determine their obligation to leave on the basis of other data known to them, including data collected in previous proceedings conducted in respect of a foreign national or processed in databases established on the basis of a European Union legislation or law.

§ 33²². Taking document into custody

(1) The Police and Border Guard Board or the Estonian Internal Security Service may take a travel document and identity document of a foreign national into custody to determine, prepare for or enforce the obligation to leave the country.

(2) In the case of taking a travel document or an identity document into custody, the Police and Border Guard Board provides the foreign national with a copy of the document taken into custody together with the notation on the taking of the document into custody.

§ 33²³. Security check and screening upon detention of foreign national

(1) Upon the detention of a foreign national they are subjected to a security check, their personal property is examined, and, in the event of a justified suspicion, the foreign national themselves is also searched in accordance with the procedure provided in the Law Enforcement Act. In this process, the Police and Border Guard Board and the Estonian Internal Security Service have the right to apply direct coercion.

(2) Documents, money, valuables and prohibited items found during a security check or search are taken into safe custody for the duration of the detention.

(3) Prohibited items are objects and substances that are excluded from civil circulation, or which may pose a threat to the foreign national themselves or other persons, or the possession of which is prohibited by the internal rules of the police premises, a police house of detention or a detention centre.

(4) Movable property taken into custody is sold or destroyed on the grounds and in accordance with the procedure provided in the Law Enforcement Act.

§ 33²⁴. Application of direct coercion

The Police and Border Guard Board or the Estonian Internal Security Service may, in the performance of the duties provided in this Act, apply direct coercion, special equipment and weapons on the grounds and in accordance with the procedure provided in the Law Enforcement Act.

§ 33²⁵. Considering previously completed actions

Where the special measures provided in this Chapter have been applied to a foreign national in another case provided by law, such measures may not be applied again.

§ 34. Application of prohibition on entry to foreign national whose entry into Estonia was prevented prior to entry into force of this Act

A prohibition on entry with regard to a foreign national whose entry into Estonia was prevented prior to the entry into force of this Act applies in accordance with Chapter 5 of this Act.

§ 34². Implementation of non-compliance levy

Non-compliance levy prescribed in this Act is implemented as of 1 January 2002.

§ 34³. Processing of biometric data taken before 1 July 2022

(1) Photographs, facial images and fingerprint images entered in the computerized database of the database of foreign nationals staying and having stayed in Estonia without a legal basis and the database of entry bans shall be entered in the ABIS database not later than on 30 June 2022.

(2) Photographs, facial images and fingerprint images entered in the computerized database of the database of foreign nationals staying and having stayed in Estonia without a legal basis and the database of entry bans may be stored simultaneously with the data stored in the ABIS database, but not for longer than 30 June 2025.

(3) After the creation of the ABIS database until the final date for implementation of the transitional provisions of the ABIS database, photographs, facial images and fingerprints may be processed in the computerized database of the database of foreign nationals staying and having stayed in Estonia without a legal basis and the database of entry bans.

§ 34⁴. Specification of completing court proceedings commenced in emergency caused by mass immigration

Court proceedings commenced in an emergency caused by mass immigration may be completed by the court after the emergency has ended in accordance with the provisions of the emergency caused by mass immigration.

§ 35

–

§ 36

[Omitted from this text]

§ 37. Entry into force of Act

This Act enters into force on 1 April 1999.