WRITTEN QUESTION E-1133/02

by Ioannis Marínos (PPE-DE) to the Commission

(22 April 2002)

Subject: Repatriation of corpses within the Community

As a result of the single market, freedom of movement and freedom of establishment within the Union, an increasing number of European citizens are living in countries other than their country of origin for professional and other reasons.

This trend has highlighted the difficulties involved in repatriating the remains of Europeans who die in a country other than their country of birth. The conventions governing this matter the 1937 Berlin Arrangement and the 1973 Strasbourg Agreement do not take account of the abolition of border controls within the Union, thereby creating serious bureaucratic and other problems as well as additional financial burden for the families concerned.

Can the Commission say to what extent the Treaty requires the Union to guarantee the free transport of deceased persons within the Community in the context of the single market? What measures will the Commission take to ensure that the rules governing the cross-border transport of corpses are not more stringent and exacting than those applying to transport within a Member State?

Joint answerto Written Questions E-0923/02, E-0935/02, E-1122/02 and E-1133/02given by Mr Bolkestein on behalf of the Commission

(8 May 2002)

The Commission refers to its joint reply to recent Written Questions E-0073/02 by Mr Cashman, E-0087/02 by Mrs Muscardini, E-0210/02 by Mr Kauppi, E-0344/02 by Mrs Korhola, E-0346/02 by Mrs Matikainen-Kallström, E-0407/02 by Mrs Thomas-Mauro and E-0679/02 by Mrs Flemming(1). For convenience, the Commission's position is set out below.

The Commission recognises that the repatriation of mortal remains of a person who has died in another Member State than his/her own is a sensitive and difficult issue which can cause great suffering for the family involved.

The Commission is aware of some individual cases, in particular, through the recent written parliamentary questions, where the repatriation of a deceased person from one Member State to another has raised difficulties. However, the Commission does not have any information or statistics which would provide an overview of a possible problem and its scope.

These issues potentially raise a number of questions, some of them in relation to different Community policies, for instance, transport, health, free movement, etc. However, it does not appear that there would be a clear Community competence to cover all these various aspects. Moreover, the regulations governing the transfer of remains of dead persons are laid down in the International Agreement of Berlin (1937, No 4391 League of Nations Treaty Series) and by the Agreement on the transfer of corpses of the Council of Europe concluded in September 1973. In any event it should be recalled that Member States which regulate the transport of deceased persons, must, in conformity with the case law of the Court of Justice, apply any requirements on a non-discriminatory basis. Any derogation based on public health grounds must also be in conformity with the case-law of the Court.

In the light of the above, the Commission will continue to follow these issues closely, but does not envisage any specific initiative for the moment.

(1) OJ C 160 E, 4.7.2002, p. 178.