WRITTEN QUESTION E-0923/02

by Daniela Raschhofer (NI) to the Commission

(5 April 2002)

Subject: Transporting of deceased persons within the European Union

The transporting of deceased persons within the European Union is currently regulated by the 1937 Berlin Arrangement and the Council of Europe's 1973 Strasbourg Agreement. These provisions appear problematic for several reasons, since they do not adequately take account of the European Economic Area; they furthermore cause considerable expense because formalities are inadequately standardised and the use of specific facilities is mandatory (e.g. zinc-lined coffins).

It is difficult to explain to the bereaved, for instance, that deceased persons may be transported right across Austria without a zinc-lined coffin whereas such coffins are mandatory for transport between Salzburg and Freilassing, which are only 10 km apart.

Can the Commission indicate what measures can be taken to ensure that it is no more difficult to transport deceased persons across borders than it is to do so 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.