WRITTEN QUESTION E-0073/02 by Michael Cashman (PSE) to the Commission. Repatriation of bodies between Member States.
Date: 2002-01-25
Institutions: European Parliament, Provisional data
Subjects: EU national, approximation of laws, death, intra-EU transport, return migration

C 160 E/178

Official Journal of the European Communities

EN

4.7.2002

With regard to the question of whether Greece is in breach of Community Law, it is essential to point out
the following:

(a) Member States must comply with the above-mentioned Directive 1999/77/EC by 1 January 2005 at

the latest (Article 2.1);

(b) From 1 January 2005, Member States may not allow the introduction of new applications for

chrysotile asbestos on their territory (Article 2.3);

(c) The use of products containing asbestos fibres referred to above which are already installed and/or in
service before the implementation date of this Directive shall continue to be authorised until they are
disposed of or reach the end of their service life. However, Member States may, for reasons of
protection of health, prohibit within their territory the use of such products before they are disposed
of or reach the end of their service life (Article 1, Annex).

This means that the Directive does not require asbestos to be removed from buildings. Greece is therefore
not in breach of Directive 1999/77/EC provided it implements that Directive before 1 January 2005.

(1) OJ L 207, 6.8.1999.
(2) OJ C 341, 29.11.1999.
(3) Written answer from 4.10.2000.

(2002/C 160 E/219)

WRITTEN QUESTION E-0073/02

by Michael Cashman (PSE) to the Commission

(25 January 2002)

Subject: Repatriation of bodies between Member States

Is the Commission aware of the frequent delays, expenses and suffering for families involved attempting to
repatriate a body back to the home Member State from another Member State?

Given the differences in the approaches and regulations between Member States, would the Commission be
prepared to investigate this issue and bring forward proposals for the adoption of a common policy?

(2002/C 160 E/220)

WRITTEN QUESTION E-0087/02

by Cristiana Muscardini (UEN) to the Commission

(25 January 2002)

Subject: Intra-Community repatriation of the bodies of dead EU citizens

The fact that a growing number of European citizens are established in a Member State other than their
country of origin has led to an increase in the number of corpses needing to be repatriated from one
Member State to another. However, repatriation raises all sorts of problems,
in particular financial
difficulties for the families, faced with bureaucratic obstacles, which vary from one country to another. The
rules on cross-border carriage of human remains are based on the 1937 Berlin agreements and the 1973
Strasbourg convention. However, these agreements are based on the assumption that border checks are
carried out and are therefore becoming more difficult to apply as borders are abolished.

In the light of the above, the Commission is requested to provide the following information:

1. Does the Treaty authorise the free transfer within the Community of the corpses of people who have

died on EU territory?

2. What measures does the Commission intend to take to ensure that the rules on such transfers are not

more complex or more restrictive than those in force in a Member State?