Red Cross Designation and Emblem Act
Passed 5 April 2006
(RT1 I 2006, 18, 141)
entered into force 1 June 2006
1. Chapter 1
General Provisions
§ 1. Scope of application of Act
(1) This Act provides for the national procedure for the use of the designation and emblem
of the red cross, and the liability for the abuse of the designation and emblem of the red cross,
and of other international designations and emblems which serve the same purpose.
(2) The use of the designation and emblem of the red cross shall be 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, 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) This Act does not restrict the use of the red cross emblem pursuant to the procedure
permitted by the Vienna Convention on Road Traffic (1968) and Vienna Convention on Road
Signs and Signals (1968), and the use of the red cross designation or emblem in conformity to
international agreements ratified by the Riigikogu2 or international practices.
§ 2. Application of Administrative Procedure Act
The provisions of the Administrative Procedure Act apply to the administrative proceedings
prescribed in this Act, taking account of the specifications provided for in this Act.
§ 3. Designation and emblem of red cross
(1) The protected designation of the red cross (hereinafter designation) shall be the "Red
Cross" or "Geneva Cross".
(2) The emblem of the red cross (hereinafter emblem) shall be a red cross on a white
ground.
§ 4. Other designations and emblems
(1) The other designations and emblems used by the International Red Cross and Red
Crescent Movement (hereinafter Red Cross Movement) for the same purpose as the
designation and emblem of the red cross, that is, the designation and emblem of the red
crescent and the designation and emblem of the red lion and sun, may be used in Estonia only
in the cases permitted by international law.
(2) The protected designation of the red crescent is the "Red Crescent" and the emblem of
the red crescent is a red crescent on a white ground.
(3) The protected designation of the red lion and sun is the "Red Lion and Sun" and the
emblem of the red red lion and sun is a red lion and sun on a white ground
§ 5. Estonian Red Cross
The Estonian Red Cross is the organisation which represents Estonia in the Red Cross
Movement and has been accepted to the Red Cross Movement according to the Statutes of the
International Federation of Red Cross and Red Crescent Societies.
2. Chapter 2
Use of Designation and Emblem for Protective Purposes
§ 6. Use of designation and emblem for protective purposes and persons so entitled
(1) For protective purposes, the designation or emblem is used to mark persons or
property in order to indicate their status as a person or property protected under international
law.
(2) Only the following are entitled to use the designation or emblem for protective
purposes:
1) medical and religious personnel of the Defence Forces, during an armed conflict, in a
state of war or during peace-time;
2) state medical and religious personnel of foreign states, and Estonian and foreign
voluntary medical and religious personnel who are recognised, authorised and notified
pursuant to the procedure provided by the Geneva Conventions, during an armed conflict or in
a state of war;
3) personnel of the Red Cross Movement, including the International Committee of the
Red Cross and the International Federation of Red Cross and Red Crescent Societies, and of
national Red Cross and Red Crescent Societies, during an armed conflict or in a state of war;
4) health care professionals and personnel specified in the same subsection, in the case
specified in subsection 8 (1) of this Act.
§ 7. Procedure for use of designation and emblem for protective purposes
(1) For protective purposes, the designation or emblem shall be used for designating the
persons specified in subsection 6 (2) of this Act, and the buildings and means of transport
used by such persons as well as other property related to the treatment and taking care of
wounded and sick persons.
(2) An identity card shall be issued to the persons specified in subsection 6 (2) of this
section. The state and voluntary medical personnel, religious personnel and personnel of the
Red Cross Movement of other states specified in clauses 6 (2) 2) and 3) of this Act shall be
issued an identity card if the other states have not issued such card to them. The identity card
shall be issued by the Defence Forces in the cases specified in clauses 6 (2) 1)–3) of this Act
and by duly authorised officials in the case provided by clause 6 (2) 4) of this Act.
(3) In the case of using the emblem for protective purposes, the emblem must be as large
as appropriate in order to be visible from as far away and from as many directions as possible.
(4) The format of the identity card, the procedure for the issue and use of identity cards
and the procedure for using the emblem for protective purposes shall be established by a
regulation of the Government of the Republic.
§ 8. Use of emblem by health care providers during armed conflicts and in state of war
(1) The health care professionals and other personnel, and health care providers engaged
in the treatment and taking care of wounded and sick persons as well as the buildings, means
of transport and other property used for such purposes shall be marked with the emblem
during armed conflicts and in a state of war. Health care providers shall ensure installation of
the markings.
(2) During armed conflicts and in a state of war, the officials appointed by the Minister of
Social Affairs shall organise the supply of identity cards conforming to the format established
by a regulation of the Government of the Republic based on subsection 7 (4) of this Act to the
health care professionals and other personnel specified in subsection (1) of this section. If
necessary, the Defence Forces shall provide assistance in supplying health care professionals
with identity cards.
3. Chapter 3
Use of Designation and Emblem for Reference Purposes
§ 9. Procedure for use of designation and emblem for reference purposes
(1) The designation or emblem is used for reference purposes in order to indicate that a
person or property is connected to the Red Cross Movement.
(2) It is prohibited to use the designation or emblem for reference purpose in a manner
which could leave the impression that the person or property marked by the designation or
emblem is under the protection of the designation or emblem. It is prohibited to use the
emblem for reference purposes in the manner provided for the use of the emblem for
protective purposes established by a regulation of the Government of the Republic based on
subsection 7 (4) of this Act.
(3) Upon use of the emblem for reference purposes, the measurements of the emblem
must be small in proportion to the object on which it is used and the emblem must not be used
on arm-bands or roofs of construction works.
§ 10. Entitled persons
(1) The members of the Red Cross Movement and the Estonian Red Cross may use the
designation and emblem for reference purposes if this conforms to the principles of the Red
Cross Movement.
(2) Other persons may use the designation and emblem for reference purposes only based
on a written agreement between the Estonian Red Cross and the user.
§ 11. Use of designation and emblem for reference purposes by other persons
(1) The persons who use the designation and emblem for reference purposes based on a
written agreement between the Estonian Red Cross and the user shall, in addition to the
provisions of subsections 9 (2) and (3) of this Act, adhere to the following requirements:
1) the designation and emblem are used only in the area and during the time determined
by the agreement;
2) the designation and emblem shall not be used contrary to the principles of the Red
Cross Movement and among other, the designation and emblem shall not be used in relation
to alcohol, tobacco products or weapons.
(2) The Estonian Red Cross may terminate an agreement entered into with a person for the
use of the designation or emblem for reference purposes if the person fails to comply with the
conditions provided by subsection (1) of this section or subsections 9 (2) or (3) of this Act and
the further use of the emblem or designation would be contrary to international law or an Act.
This subsection does not restrict the right of the Estonian Red Cross to terminate an
agreement on other grounds.
(3) No fee shall be collected for the use of the designation or emblem from the persons
who use the designation or emblem in the area of culture provided that such use in not in
conflict with the principles of use of the designation or emblem for protective purposes.
4. Chapter 4
State Supervision
§ 12. Precepts
(1) If a person uses the designation or emblem of the red cross, the designation or emblem
of the red crescent or the designation or emblem of the red lion and sun in conflict with
international law or an Act, the Ministry of Defence or a police prefecture may issue a precept
for termination of the abuse to the person.
(2) During armed conflicts and in a state of war, the precept for termination of the abuse
of the designation or emblem provided in subsection (1) of this section may also be made by
the Commander of the Defence Forces or the Commander-in-Chief of the Defence Forces or
the chiefs authorised thereby in the Defence Forces.
(3) During armed conflicts and in a state of war, the Ministry of Defence, Ministry of
Social Affairs, police prefectures, and the Commander of the Defence Forces, the
Commander-in-Chief of the Defence Forces or the chiefs authorised thereby in the Defence
Forces may issue precepts for compliance with the marking requirement provided in
subsection 8 (1) of this Act to health care professionals, other personnel and health care
providers.
(4) Upon failure to comply with a precept, a penalty payment or substitutive enforcement
may be imposed pursuant to the procedure provided for in the Substitutive Enforcement and
Penalty Payment Act.
(5) The upper limit for a penalty payment is 40 000 kroons.
(6) Substitutive enforcement may be imposed during armed conflicts or in a state of war
without issuing a precept, warning or enforcement order, or without a warning or enforcement
order.
5. Chapter 5
Liability
§ 13. Abuse of designation and emblem
(1) Abuse of the designation or emblem of the red cross, the designation or emblem of the
red crescent or the designation or emblem of the red lion and sun, or a designation or emblem
similar to them, unless such use took place during an armed conflict or in a state of war and it
can be related to the use of the designation or emblem of the red cross, the designation or
emblem of the red crescent or the designation or emblem of the red lion and sun for protective
purposes, is punishable by a fine of up to 300 fine units or by detention.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 50 000
kroons.
§ 14. Damaging of designation and emblem
Damaging, soiling, destroying or unauthorised removal of the designation or emblem of the
red cross, the designation or emblem of the red crescent or the designation or emblem of the
red lion and sun is punishable by a fine of up to 300 fine units or by detention.
§ 15. Proceedings
(1) The provisions of the General Part of the Penal Code and the Code of Misdemeanour
Procedure apply to misdemeanours provided for in §§ 13 and 14 of this Act.
(2) The following extra-judicial bodies conduct proceedings in matters of misdemeanours
provided for in §§ 13 and 14 of this Act:
1) police prefectures;
2) Ministry of Defence.
6. Chapter 6
Implementing Provision
§ 16. Entry into force of Act
This Act enters into force on 1 June 2006.
1 RT = Riigi Teataja = State Gazette
2 Riigikogu = Parliament of Estonia