Key Benefits:
Decision of 22 December 1988 laying down general rules for the administration of voluntary aid to injured persons, sick, prisoners of war, internees and other persons who were in need of assistance by approved and authorised persons Associations
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Defence, Directorate-General for Legal Affairs, Department of Law and Public Law, of 15 June 1988, No C 88/046 on behalf of the Secretary of State for the Interior, Our Minister of Social Welfare, Health and Culture and our Minister for the Netherlands-Antillean and Aruban Affairs;
Whereas the reorganisation of the disaster relief programme, the establishment of the Additional Protocols to the Geneva Conventions of 12 August 1949 and the revision of the Association 's Articles of Association' the Dutch Red Cross ', Decision to make the Red Cross;
Having regard to the Treaty of Geneva, adopted in Geneva on 12 August 1949, to improve the fate of the injured and the sick, to join forces in the armed forces (Text in Stb. 1954, 246, translation into Dutch in Trb. 1951, 72), the Convention for the Improvement of the Fate of the injured, the sick and the shipwrecks of the armed forces at sea on 12 August 1949 (text in the Stb. 1954, 247; translation into Dutch Trb. 1951, 73), the Geneva Convention on the treatment of prisoners of war, adopted in Geneva on 12 August 1949 (Text in Stb. 1954, 248; translation into Dutch Trb. 1951, 74), the Treaty of 12 August 1949 in Geneva on the protection of citizens in wartime (Text in Stb. 1954, 249; translation into Dutch in Trb. 1951, 75), the Additional Protocol to the abovementioned Treaties, adopted in Berne on 12 December 1977, on the protection of victims of international armed conflicts (text in the Trb. 1978 No 41; translation into Dutch in Trb. 1980, No 87) and the Additional Protocol to the abovementioned Treaties, adopted in Berne on 12 December 1977, on the protection of victims of non-international armed conflicts (text in the Trb. 1978 No 42; translation into Dutch in Trb. 1980, No 88);
Hearing of the Fire Brigade (Opinion of 2 February 1988, No RBR/U2146);
The Council of State of the Kingdom heard (opinion delivered on 13 October 1988, No W07.88.0309/K);
Having regard to the further report by our Minister of Defence of 21 December 1988, Directorate-General for Legal Affairs, W. and P. nr. C88/046, released on behalf of the State Secretary for Home Affairs and Our Ministers of Welfare, Health and Culture, and for Dutch-Antillean and Aruban Affairs;
Have found good and understand:
For the purpose of this Decision:
1. the Treaties and Protocols of Geneva:
(a) the Treaty establishing the European Community, adopted in Geneva on 12 August 1949, for the improvement of the fate of the injured and the sick, to be carried out by the armed forces (text in Stb. 1954, 246; translation into Dutch in Trb. 1951, 72);
(b) the Convention for the Improvement of the fate of injured, sick and shipwrecked by the armed forces at sea on 12 August 1949 in Geneva (text in Geneva, Stb. 1954, 247; translation into Dutch in Trb. 1951, 73);
(c) the Treaty establishing the European Union, adopted in Geneva on 12 August 1949, on the treatment of prisoners of war (text in Stb. 1954, 248; translation into Dutch in Trb. 1951, 74);
d. the Treaty of 12 August 1949 in Geneva on the protection of citizens in wartime (Text in Stb. 1954, 249; translation into Dutch Trb. 1951, 75);
-the Additional Protocol to the Convention, adopted in Berne on 12 December 1977, A to: Ed said treaties, concerning the protection of victims of international armed conflicts (text in Trb. 1978, 41; translation into Dutch in Trb. 1980, 87);
-the Additional Protocol to the Convention, adopted in Berne on 12 December 1977, A to: Ed said treaties, concerning the protection of victims of non-international armed conflicts (text in Trb. 1978, 42; translation into Dutch in Trb. 1980, 88);
g. the Additional Protocol to the Treaties referred to in points (a) to (d), adopted in Geneva on 8 December 2005, concerning the acceptance of an additional distinguishing emblem (Protocol III) (Trb. 2006, 46).
2. the Red Cross: the association "the Dutch Red Cross".
3. disaster: a disaster as intended Article 1 of the Wetsafety Regions .
4. medical treatment: the provision of joint-care units at or near the site of a disaster.
1 Legal persons whose assistance is intended for the injured and the sick may be recognised, under the terms of the provisions of this Decision, by a Royal Decree as such, and admitted to voluntary assistance to injured and sick persons.
2 Concerning the recognition and acceptance, as referred to in the first paragraph, the board of the Red Cross shall be heard.
3 The statutes of the Red Cross and other recognised and authorized legal persons require the assent of the Royal Decree.
1 The Red Cross has the task of assisting the whole of the Kingdom of injured, sick and otherwise needy victims of armed conflict, disaster or other special event, in accordance with the conditions laid down in Article 3 of the Treaty. provisions of the Geneva Conventions and Protocols and the basic principles of the Red Cross as formulated by the International Conferences of the Red Cross and Red Crescent.
2 The Red Cross shall carry out its duties for the military in accordance with arrangements made with our Minister of Defence and in accordance with his instructions and, where appropriate, under the direction of the military staff. Military-medical services.
3 The Red Cross is exercising its role in the Netherlands for the benefit of the civilian population in accordance with the arrangements made with our Minister of Security and Justice.
4 The Red Cross is also responsible for:
(a) in the event of an armed conflict involving the Kingdom, in the operation of an organisation which postcards and other persons of war in the power of an enemy power; allow consignments of aid and authorised remittances to be transmitted and to provide their correspondence;
(b) the entry into force of an information office, where the obligation to do so results in respect of the Kingdom of the Treaties and Protocols of Geneva, and in the case of a disaster or other special event, to that end;
c. tracking missing persons and restoring contact between family members who have been separated from each other as a result of armed conflict, disaster or other special event, as well as preventing mishaps and provide clarification on the fate of missing persons.
5 The Red Cross shall, in the performance of the task referred to in paragraph 1 in so far as it concerns the aid to the civilian population and of the tasks referred to in paragraph 4, comply with the instructions of the competent authority.
1 If it is necessary, in the opinion of the competent military authority, to use the Red Cross for assistance to military personnel responsible for the provision of medical assistance to the civilian population in the Community, the framework of the emergency response, shall carry out consultations with the competent civilian authority for that purpose.
2 If the consultations referred to in the first paragraph do not lead to agreement, the competent military authority shall address to our Minister of Defence. It shall communicate to the civil authority referred to in the first paragraph.
3 Our Ministers of Defence, of Security and Justice and of Health, Welfare and Sport, are conducting consultations with each other on the deployment of the Red Cross units.
4 This article applies only to the Netherlands.
1 The Red Cross is making the necessary preparations to be able to meet the tasks, Article 3 .
2 Our Ministers of Defence and of the Security and Justice Department shall, in so far as they are concerned, be consistent with the management of the Red Cross, the nature and extent of the preparations referred to in the first paragraph.
1 Without prejudice to the tasks specified in: Article 3 , the Red Cross is working to contribute to the execution of the following tasks:
a. Alleviating the distress of disasters and other special events outside the Kingdom;
b. Otherwise mitigating or, if possible, preventing human suffering;
(c) to distribute the humanitarian war right as widely as possible.
2 The Red Cross is also working to achieve the objectives of the International Red Cross.
1 The Red Cross and the competent authority shall cooperate whenever possible and desirable in assisting the victims of an armed conflict, disaster or any other special event within the Kingdom, as well as the preparation for such action.
2 The competent authority shall promote, where possible, the access of aid applicants to the assistance of the Red Cross.
1 The other legal entities recognised and admitted to work in capacity to enable the Red Cross to comply with its tasks, as referred to in Article 3 , and preparations, for the purpose of Article 5 .
2 When providing their cooperation, referred to in the first paragraph, they shall submit to the general guidance of the Red Cross. They shall provide the Red Cross with the information it needs for the preparation and pursuit of the tasks. Article 3 .
3 If an approved and authorised legal person fails to comply with its obligations, the control of the Red Cross and the legal person concerned may be withdrawn by Royal Decree.
Our Minister for Security and Justice shall provide a grant to the Red Cross for the performance of, and preparation for, the tasks set out in this Decision.
1 On a proposal from our Minister of Ministers for which important services, in or towards the Red Cross, may be proven by Royal Decree, the 'Medal of the Roode Cross', as established by the Royal Decree of 5 October 1910, Stb. 298.
2 The board of the Red Cross has been empowered to provide important services, in or towards the Red Cross, a "Cross of Merit" or a "Medal of Merit" in silver or bronze.
3 The costs arising from the application of the second paragraph shall be borne by the Red Cross.
The Red Cross, the Souvereine and Military Order of Malta Department of the Netherlands and the Johanniter Order in the Netherlands are deemed to have been approved and admitted in the sense of Article 2 Some.
The Red Cross shall take all measures as soon as possible, which will prove necessary to comply with the provisions of this Decision.
1 Rules and decisions adopted respectively on the basis of the Red Cross Act ( Stb. In 1981, 530) remain in force until they have been withdrawn or replaced.
2 All the statutes, regulations and other provisions of the Red Cross, of the Souvereine and Military Order of Malta Division of the Netherlands and of the Johanniter Order in the Netherlands, at the time of entry into force of this Decision remain: In force to the extent that they have not been withdrawn or replaced.
The Red Cross Decision 1980 is hereby repealed.
This Decision shall enter into force from the second day after the date of issue of the State Sheet where it is placed.
This Decision may be cited as the Decision of the Red Cross, indicating the year of the State Sheet where it will be placed.
Burden and order that this Decision, together with a note of explanatory note to the State Sheet , in the Official Journal of the Netherlands Antilles and in the Aprator of Aruba will be placed and copies thereof will be sent to the Council of State of the Kingdom and to the Court of Auditors.
' s-Gravenhage, 22 December 1988
Beatrix
The Minister of Defence,
F. Bolkestein
The Secretary of State for Internal Affairs,
D. IJ. W. de Graaff-Nauta
The Minister for Welfare, Health and Culture,
L. C. Brinkman
The Minister for Dutch-Antillean and Aruban Affairs,
J. the King
Published the seventeenth of January 1989The Minister of Justice,
F. Korthals Altes
