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Red Cross Designation and Emblem Act

Passed 05.04.2006
RT I 2006, 18, 141
Entry into force 01.06.2006

Amended by the following legal instruments (show)

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of this Act

 (1) This Act provides the domestic rules for using of the designation and emblem of the Red Cross and of other international designations and emblems which convey the same meaning, and the liability that attaches to misuse of such designations and emblems.

 (2) The use of the designation and emblem of the Red Cross, of the Red Crescent and of the Red Lion and Sun is based on Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949, Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Geneva, 12 August 1949, Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, as well as the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977, and the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts, (Protocol II), 8 June 1977 (hereinafter, the ‘Geneva Conventions’) and this Act.

 (3) The use of the designation and emblem of the Red Crystal is based on the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem ( Protocol III ), 8 December 2005.

 (4) This Act does not impose any limitations on the use of the Red Cross emblem in accordance with the rules authorised by the Vienna Convention on Road Signs and Signals (1968) and the European Agreement supplementing the Vienna Convention on Road Signs and Signals (1971).

 (5) This Act does not impose any limitations on the use of the Red Cross designation and emblem – and of any other designations and emblems having the same meaning – by the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies.
[RT I 2008, 54, 305 – entry into force 27.12.2008]

§ 2.  Application of the Administrative Procedure Act

  Provisions of the Administrative Procedure Act apply to administrative procedures prescribed in this Act without prejudice to the rules established by this Act.

§ 3.  Red Cross designation and emblem

 (1) The protected designation of the Red Cross (hereinafter, the ‘designation’) are the words ‘Red Cross’ or ‘Geneva Cross’.

 (2) The emblem of the Red Cross (hereinafter, the ‘emblem’) appears as a red cross on a white background.

§ 4.  Other designations and emblems

 (1) The other designations and emblems having the same meaning with the designation and emblem of the Red Cross and used by the International Red Cross and Red Crescent Movement (hereinafter, the ‘Red Cross Movement’), i.e., the designation and emblem of the Red Crescent, the designation and emblem of the Red Lion and Sun and the designation and emblem of the Red Crystal, may be used in Estonia only where this is authorised by an Act of the Riigikogu and international law.
[RT I 2008, 54, 305 – entry into force 27.12.2008]

 (2) The protected designation of the Red Crescent is the words ‘Red Crescent’ and the emblem of the Red Crescent, which appear as a red crescent on a white background.

 (3) The protected designation of the Red Lion and Sun is the words ‘Red Lion and Sun’ and the emblem of the Red Lion and Sun, whcih appear as a red lion and the sun on a white background.

 (4) The protected designation of the Red Crystal is the words ‘Red Crystal’ and the emblem of the Red Crystal, which appear as a red frame in the shape of a square on edge on white background.
[RT I 2008, 54, 305 – entry into force 27.12.2008]

§ 5.  Estonian Red Cross

  The Estonian Red Cross is a voluntary association which participates in the Red Cross Movement on behalf of Estonia and which has been admitted to the Red Cross Movement according to the Constitution of the International Federation of Red Cross and Red Crescent Societies.
[RT I 2008, 54, 305 – entry into force 27.12.2008]

Chapter 2 PROTECTIVE USE OF THE DESIGNATION AND THE EMBLEM 

§ 6.  Protective use of the designation and the emblem and the persons entitled thereto

 (1) The designation or the emblem is used protectively during an armed conflict or in a state of war to mark certain persons or property in a way that shows them to belong to persons or property protected under international law.

 (2) The designation and the emblem may be used protectively by medical personnel who treat and care for the sick and the wounded, and by ministers of religion, following the rules established in the Geneva Conventions.

 (3) The medical personnel and ministers of religion of the Defence Forces and of the Defence League may use the designation and the emblem protectively also during the time of peace.
[RT I, 12.03.2015, 1 - entry into force 01.01.2016]

 (4) Where this renders their protection more effective, the medical personnel and ministers of religion of the Defence Forces may, with the authorisation of the minister in charge of the policy sector, use the other designations and emblems set out in § 4 of this Act protectively in a foreign state.
[RT I, 12.03.2015, 1 - entry into force 01.01.2016]

 (5) In Estonia, the medical personnel and ministers of religion of a foreign state may, with the authorisation of the minister in charge of the policy sector, use the other designations and emblems specified in § 4 of this Act.
[RT I 2008, 54, 305 – entry into force 27.12.2008]

§ 7.  Rules for the protective use of the designation and the emblem

 (1) The designation or the emblem is used protectively to mark the persons mentioned in subsection 2 of § 6 of this Act, and the buildings and means of transport used by such persons, as well as any other property related to the treatment and care of the sick and the wounded.

 (2) A provider of healthcare services who engages in the treatment and care of the sick and the wounded may install the protective emblem only with the authorisation of the Defence Forces. Where necessary, the Defence Forces provide assistance with the installation of the emblems.
[RT I 2008, 54, 305 – entry into force 27.12.2008]

 (3) In the case of protective use of the emblem, the emblem’s dimensions must be such as to ensure its visibility from as far as possible and from as many directions as possible.

 (4) The Defence Forces issue medical worker or minister of religion identity cards to persons mentioned in subsection 2 of section 6 of this Act.
[RT I 2008, 54, 305 – entry into force 27.12.2008]

 (5) The format of the identity cards of medical workers or ministers of religion and the rules for the issue of such identity cards are established in a regulation of the minister in charge of the policy sector.
[RT I 2008, 54, 305 – entry into force 27.12.2008]

§ 8.  [Repealed – RT I 2008, 54, 305 – entry into force. 27.12.2008]

Chapter 3 INDICATIVE USE OF THE DESIGNATION AND THE EMBLEM 

§ 9.  Rules for indicative use of the designation and the emblem

 (1) The designation or the emblem is used indicatively to show that a certain person or property is linked to the Red Cross Movement.

 (2) It is prohibited to use the designation and the emblem indicatively in a manner susceptible to create the impression that the person or property bearing the emblem or designation is under the protection of the emblem or designation.
[RT I 2008, 54, 305 – entry into force 27.12.2008]

 (3) In the case of indicative use of the emblem, its size must be small in comparison to the object on which it is used and it may not be placed on arm bands or installed on the roof of a building.

§ 10.  Entitled persons

 (1) The members of the Red Cross Movement, including members of the Estonian Red Cross, are authorised to use the designation and the emblem indicatively.

 (2) In Estonia, the national societies of foreign states may use the other designations and emblems mentioned in section 4 of this Act under the same conditions that apply to the designation and the emblem of the Red Cross.

 (3) In a foreign country, the Estonian Red Cross may, under extraordinary circumstances, use the designation and the emblem of the Red Crystal if this is required for the better organisation of its work.
[RT I 2008, 54, 305 – entry into force 27.12.2008]

§ 11.  Indicative use of the designation and the emblem by third parties

 (1) Third parties may use the designation and the emblem indicatively in accordance with an agreement with the Estonian Red Cross in cases specified in international law and in this Act.

 (2) The agreement referred to in subsection 1 of this section stipulates the region and the period within which the use of the designation and the emblem is authorised. The use of the designation and the emblem must conform to the principles of the Red Cross Movement.

 (3) The Estonian Red Cross may terminate an agreement referred to in subsection 1 of this section if the counterparty fails to comply with the requirements specified in subsection 2 of this section and subsections 2 and 3 of § 9 of this Act or if further use of the designation or the emblem would contravene international law.
[RT I 2008, 54, 305 – entry into force 27.12.2008]

Chapter 4 REGULATORY OVERSIGHT 

§ 12.  Regulatory oversight

  [RT I, 13.03.2104, 4 – entry into force 01.07.2014]

 (1) Regulatory oversight of the use, in accordance with international law and this Act, of the designation and emblem of the Red Cross as well as the other designations and emblems mentioned in § 4 of this Act is carried out by the Ministry of Defence.

 (2) During an armed conflict and in a state of war, regulatory oversight of the use of the designations and emblems referred to in subsection 1 of this section is also carried out by the Commander of the Defence Forces or by the commanding officers of the Defence Forces who have been authorised by the Commander.

 (3) The maximum amount of the non-compliance levy applicable in accordance with the rules provided in the Substitutional Performance and Non-Compliance Levies Act in the case of failure to comply with a compliance notice is 2,600 euros.

 (4) During an armed conflict and in a state of war, substitutional performance may be imposed without a compliance notice, warning and a compliance order, or without a warning and a compliance order
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

Chapter 5 LIABILITY 

§ 13.  Misuse of the designation and the emblem
[Repealed – RT I, 12.07.2014, 1 – entry into force 01.01.2015]

§ 14.  Rendering the designation and the emblem unusable

  During armed conflict or during the state of war – soiling, rendering unusable or destroying the designation or emblem of the Red Cross or any other designation or emblem mentioned in § 4 of this Act, or removing any such designation or emblem without proper authority, is punishable by a fine of up to 300 fine units or by a short-term custodial sentence.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]

§ 15.  Procedure

  Out-of-court proceedings concerning any misdemeanour created by § 14 of this Act are conducted by:
 1) the Police and Border Guard Board;
 2) the Ministry of Defence.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]

Chapter 6 IMPLEMENTING PROVISION 

§ 16.  Entry into force of this Act

  This Act enters into force on 1 June 2006.