WRITTEN QUESTION No. 138/99 by Antoinette SPAAK Free movement of persons - burial
Date: 1999-02-11
Institutions: European Parliament, SPAAK
Subjects: EU Member State, EU law - national law, EU national, death, free movement of persons, public health

29.11.1999

EN

Official Journal of the European Communities

C 341/57

(1999/C 341/079)

WRITTEN QUESTION E-0133/99

by Alexandros Alavanos (GUE/NGL) to the Commission

(2 February 1999)

Subject: Implementation of rules on fishing in the Mediterranean by third countries

The EU has adopted certain technical measures (Regulation 1626/94) (1) for the conservation of fishery
resources in the Mediterranean, including a ban on the use of inappropriate fishing gear and stipulation of the
distance from the shore at which fishing is allowed, etc. These measures do not apply to fishing carried out in
third countries with shorelines in the Mediterranean, such as Turkey, which produces a situation in which
fishery resources are not effectively protected and competition is distorted by fishery products entering the
market from that country.

In the light of the customs union agreement between the EU and Turkey, does the Commission consider that
fishery products from Turkey may be made freely available on the EU market without that country complying
with the rules applicable to Member States’ fishermen? What measures will the Commission take in regard to
Turkey and the other Mediterranean countries to persuade them to implement the technical measures laid
down by Regulation 1626/94 so as to ensure effective conservation of Mediterranean fishery resources?

(1) OJ L 171, 6.7.1994, p. 1.

Answer given by Mrs Bonino on behalf of the Commission

(12 April 1999)

The Community legislation in question is applicable to the vessels of countries bordering the Mediterranean,
such as Turkey, only when they are operating in waters under the sovereignty or the jurisdiction of a Member
State. Turkey applies its own rules on the conservation of fish stocks, which do not necessarily coincide with
the Community legislation.

That said, there is no legal obstacle to the movement of fishery products of Turkish origin, provided they
comply with the Community legislation on markets, including the health rules.

The Commission cannot oblige a third country to incorporate a Community regulation in its national
legislation. What would be desirable is a certain degree of harmonisation between the legislation of the various
Mediterranean countries, laying down minimum rules, but also leaving them the possibility of refining those
provisions by adapting them to their regional circumstances. This process can take place only within the
framework of the General Fisheries Council for the Mediterranean (GFCM), and it is within this framework that
the Commission has initiated the necessary proceedings.

(1999/C 341/080)

WRITTEN QUESTION E-0138/99

by Antoinette Spaak (ELDR) to the Commission

(11 February 1999)

Subject: Free movement of persons 7 burial

Does the principle of the free movement of persons entail the right of European citizens to be buried or
cremated in the Member State of their choice?

Is there any harmonisation at European level of the laws governing cremation?

Answer given by Mr Monti on behalf of the Commission

(18 March 1999)

The Commission would, first of all, like to inform the Honourable Member that there are no harmonisation
measures at Community level concerning cremation.

However, the absence of such measures does not preclude the possibility of citizens making use of the
principle of the free movement of persons in order to be buried in a Member State other than that in which
they have died, whether this be of their own will or the will of their next-of-kin.