WRITTEN QUESTION E-1573/02

by Reinhard Rack (PPE-DE) to the Commission

(4 June 2002)

Subject: Transport of mortal remains within the European Communities

The transport of the mortal remains of persons who have died in a country other than their country of origin is at present governed by the 1937 Berlin Agreements and the Strasbourg Convention drawn up in 1973 by the Council of Europe. These pre-single market rules create unnecessary problems for the next-of-kin and also do not appear very appropriate. Not only do they assume the existence of border controls and fail to take into account the establishment of a European Economic Area, but they also entail considerable costs attributable to the lack of standardised formalities and to the obligatory use of products (zinc-lined coffins).

It is difficult to understand why mortal remains can be transported 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 technical arguments here on the grounds of hygiene or safety.

Under these circumstances, is it possible for the Commission to draw up corresponding legislative proposals on uniform rules for the transport of mortal remains from one country to another within Europe, so that, in future, the cross-border transport of mortal remains is not more difficult than transport within a Member State? Do specific plans already exist?

Answer given by Mr Bolkestein on behalf of the Commission

(1 July 2002)

The Commission refers to its joint reply to recent Written Questions E-0923/02 by Mrs Raschhofer, E-0935/02 by Mr Rübig, E-1122/02 by Mr Bösch and E-1133/02 by Mr Marínos(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) See page 59.