Question 18915 — foreign policy

Summary

Ms. Lise Magnier draws the attention of the Minister for Europe and Foreign Affairs to the state of negotiations of the bilateral agreement between France and Belgium concerning the transfer of the bodies of deceased people. Article 3 of the Berlin Agreement of February 10, 1937 and Article 6 of the Strasbourg Agreement of September 26, 1973 provide that the transfer of the bodies of deceased persons must be done in a coffin in zinc for reasons of hygiene and prevention of illicit trafficking. These provisions create administrative and financial difficulties for families who wish to carry out cremation and respect the last wishes of the deceased. For technical reasons, crematoriums refuse the cremation of a body in a zinc coffin. Consequently, cremation could not be possible if the body of the deceased was transferred to a wooden coffin. However, article R. 22313-20 of the general code of local authorities provides for a definitive closing of the coffin once the regulatory and administrative formalities have been completed. Authorization is required to reopen the coffin from the public prosecutor, otherwise it is a burial violation according to article 225-7 of the penal code. Faced with the ban on “dismantling” practices or “unloading”, a bill tabled on April 11, 2018 and currently being examined by the Committee on Constitutional Laws, Legislation and General Administration of the Republic, allows the district judge to authorize the opening of the coffin of a person who died abroad in order to facilitate cremation. Even if Parliament moves in the direction of regulating this difficulty, it seems that the negotiations in Courses with Belgium to conclude a bilateral agreement on the transfer of the deceased are imminent. Also, she asks him to what extent the current negotiations between the two States will succeed in order to resolve the problem of cremation of people who died abroad as quickly as possible.

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