WRITTEN QUESTION E-1122/02

by Herbert Bösch (PSE) to the Commission

(18 April 2002)

Subject: Transport of mortal remains

In an era of increasing integration, instances of Member States' citizens dying in a country other than their country of origin are becoming more and more frequent.

The repatriation of mortal remains inside the EU constitutes an enormous administrative and financial burden for the next-of-kin.

No uniform rules governing repatriation formalities exist to regulate the repatriation of the mortal remains of persons dying in a country other than their country of origin. What is more, strict conditions are imposed which require the use of certain products (special coffins), although such measures are not justified, especially in instances where the remains have to be transported over a short distance.

For example, next-of-kin find it hard to understand that it is possible to transport mortal remains over a distance of more than 500 km inside a Member State without a special coffin being used but that a special coffin is required for a journey of 10 km if that journey involves the crossing of a national border.

What measures could be taken to ensure that the repatriation of mortal remains involves no more difficulties than similar transport inside a Member State?

Are any EU rules and/or measures in prospect which are designed to standardise the formalities relating to the repatriation of mortal remains?

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.