WRITTEN QUESTION E-0935/02

by Paul Rübig (PPE-DE) to the Commission

(9 April 2002)

Subject: Cross-border repatriation of deceased persons within the EU

The repatriation of persons who have died in a country other than their country of origin is regulated within the EU by the Berlin Convention (1937) and the Strasbourg Convention drawn up by the Council of Europe in 1973. These arrangements no longer make sense, however, since they assume the existence of border controls and fail to take account of the establishment of a European Economic Area. In addition, these arrangements entail considerable costs attributable partly to the absence of standardised formalities and partly to the prescribed products (zinc-lined coffins). It is impossible to explain to the surviving relatives that a

deceased person can be transported, for example, from Vienna to Bregenz (510 km) without a zinc-lined coffin whilst such a coffin is required for a transfer from Salzburg to Freilassing (10 km). There are no compelling arguments here on the grounds, for example, of hygiene or safety. There is certainly no intention here of interfering with national rules governing burial arrangements but only of arriving at uniform rules for the repatriation of deceased persons within Europe.

What measures does the Commission intend to take to ensure that cross-border movements of deceased persons are not more difficult than movements 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.