WRITTEN QUESTION E-0935/02 by Paul Rübig (PPE-DE) to the Commission. Cross-border repatriation of deceased persons within the EU.
Date: 2002-04-09
Institutions: European Parliament, Provisional data
Subjects: EU national, Treaty on European Union, approximation of laws, citizens' Europe, customs formalities, death, international convention, interpretation of the law, intra-EU transport, simplification of formalities

12.12.2002

EN

Official Journal of the European Communities

C 309 E/59

Reply

(3 October 2002)

The European Council embarked upon a process of reform at Helsinki in December 1999, when it adopted
a set of recommendations, and then in Göteborg and Barcelona, where it took note of the reports from the
Secretary-General/High Representative,
the
General Affairs Council, the Presidency of the Council, and the legislative activity of the Council and
transparency.

focusing on four main subjects:

the European Council,

The European Council instructed the Presidency, in close cooperation with the Council Secretary-General,
to make all appropriate contacts with the members of the European Council and with the correspondents
they nominated, with a view to submitting a report to the Seville European Council proposing specific
measures for adoption. The report was examined by the Council in the context of preparations for the
Seville European Council.

In the light of a summary report accompanied by detailed proposals, the European Council meeting in
Seville held a detailed discussion on the subject and gave its agreement to a series of specific measures
applicable, without amendment of the Treaties, to the organisation and functioning of the European
Council.

The Council would refer the Honourable Member to paragraphs 3 to 7 of the Seville European Council
conclusions and to Annexes I and II which give an exhaustive list of the decisions taken by the Heads of
State or Government.

(2002/C 309 E/067)

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?

(2002/C 309 E/068)

WRITTEN QUESTION E-0935/02

by Paul Rübig (PPE-DE) to the Commission

(9 April 2002)

Subject: Cross-border repatriation of deceased persons within the EU

The repatriation of persons who have died in a country other than their country of origin is regulated
within the EU by the Berlin Convention (1937) and the Strasbourg Convention drawn up by the Council
of Europe in 1973. These arrangements no longer make sense, however, since they assume the existence of
border controls and fail to take account of the establishment of a European Economic Area. In addition,
these arrangements entail considerable costs attributable partly to the absence of standardised formalities
and partly to the prescribed products (zinc-lined coffins). It is impossible to explain to the surviving
relatives that a deceased person can be transported, for example, from Vienna to Bregenz (510 km)

C 309 E/60

Official Journal of the European Communities

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12.12.2002

without a zinc-lined coffin whilst such a coffin is required for a transfer from Salzburg to Freilassing
(10 km). There are no compelling arguments here on the grounds, for example, of hygiene or safety. There
is certainly no intention here of interfering with national rules governing burial arrangements but only of
arriving at uniform rules for the repatriation of deceased persons within Europe.

What measures does the Commission intend to take to ensure that cross-border movements of deceased
persons are not more difficult than movements within a Member State?

(2002/C 309 E/069)

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?

(2002/C 309 E/070)

WRITTEN QUESTION E-1133/02

by Ioannis Marínos (PPE-DE) to the Commission

Subject: Repatriation of corpses within the Community

(22 April 2002)

As a result of the single market, freedom of movement and freedom of establishment within the Union, an
increasing number of European citizens are living in countries other than their country of origin for
professional and other reasons.

This trend has highlighted the difficulties involved in repatriating the remains of Europeans who die in a
country other than their country of birth. The conventions governing this matter (cid:1) the 1937 Berlin
Arrangement and the 1973 Strasbourg Agreement (cid:1) do not take account of the abolition of border
controls within the Union, thereby creating serious bureaucratic and other problems as well as additional
financial burden for the families concerned.

Can the Commission say to what extent the Treaty requires the Union to guarantee the free transport of
deceased persons within the Community in the context of the single market? What measures will the
Commission take to ensure that the rules governing the cross-border transport of corpses are not more
stringent and exacting than those applying to transport within a Member State?