Compliance of movement restrictions imposed by Estonia, Latvia and Lithuania with EU law

Question for written answer  E-000222/2021
to the Commission
Rule 138
Jaak Madison (ID)

On 15 March 2020 the Government of the Republic of Estonia decided to impose movement restrictions on citizens of other Member States as of 17 March 2020. That decision prohibited citizens of other Member States from crossing the state border to enter Estonia.

On 12 March 2020 the Government of Latvia declared an emergency situation in the country, which also introduced a requirement that all people entering Latvia would have to self-isolate for 14 days. The requirement did not apply to the citizens or permanent residents of Latvia or foreign nationals who had not visited foreign countries other than Estonia, Latvia and Lithuania or countries where the coronavirus infection rate in the last 14 days had been below 15 per 100 000 inhabitants. The restriction excluded the citizens of Estonia, Latvia and Lithuania, regardless of the infection rate.

According to Section 4.17 of the Emergency Situation Order of 12 March 2020 of the Government of the Republic of Latvia, border crossings by people and vehicles were prohibited from 17 March 2020 by way of airports, ports, railways and roads at both EU external borders and local border points, with certain exceptions for goods and seafarers.

On 6 May 2020 the governments of Estonia, Latvia and Lithuania decided to restore free movement between the three countries for citizens and permanent residents of the said countries as of 15 May 2020. This created an exception for the citizens and permanent residents of those countries to move freely between the three.

Does the Commission consider these decisions to be in accordance with the Treaty on European Union, the Treaty on the Functioning of the European Union, the Charter of Fundamental Rights of the European Union, the Schengen Convention and Directive 2004/38/EC of the European Parliament and of the Council?