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20 SEPTEMBER 1998. - An Act to amend the Act of 20 July 1971 on funeral and burial (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. The title of chapter I, section I, of the Act of 20 July 1971 on funerals and burials is replaced by the following title:
"Community or intercommunal cemeteries and crematory establishments".
Art. 3. Article 1^er the Act is replaced by the following provision:
“Article 1^er. Each commune must have at least one cemetery. However, a number of municipalities can join together to have a common cemetery.
Only a commune or association of communes can create and operate a crematory establishment.
Every crematory establishment is built in the enclosure of a cemetery or on a land located in the same commune as the cemetery and communicating with it.
All cemetery and inter-communal crematory establishment must have a plot of burial, a lawn of dispersion and a columbarium. »
Art. 4. Section 2 of the Act is supplemented by a paragraph written as follows:
"The King sets out the criteria for the creation and operation of crematory establishments. It organizes monitoring of compliance with these criteria. »
Art. 5. In article 3, first sentence, of the same law, the words "The Cemetery is fenced" are replaced by the words "The Cemetery and Crematory Institution are fenced".
Art. 6. In section 4 of the Act, the following amendments are made:
1° in paragraph 1^erthe words "and crematory establishments" are inserted between the words "cemeteries" and "communal";
2° the article is supplemented by the following paragraph:
"In intercommunal cemeteries and crematory establishments, the competencies referred to in paragraph 1^er are exercised by the authorities of the commune in the territory of which the cemetery or the crematory establishment is established. »
Art. 7. In section 5 of the Act, the following amendments are made:
1° in paragraphs 1^er and 3 of § 1^er, the words "or intercommunal" are inserted after the words "the communal council";
2° in § 2, between the words "At the expiry of the period fixed in § 1^er and the words ", deliberation" are inserted the words "or at least five years after the last burial, registration in the register of faith-based burials";
3° in § 2, the words "the deliberation of the council" are replaced by the words "the deliberation of the council or the decision of the intercommunal ordering";
4° 1 § 3 to read is added:
Ҥ3. In the absence of a decision establishing a date of cessation of burial, the municipal council or the intercommunal may also decide the change in the assignment of a former cemetery if it has elapsed for at least ten years since the last burial in the latter, the registration in the register of burials being authentic.
In this case, the deliberation of the municipal council or the decision of the intercommunal ordering the change of assignment of the cemetery can only come out one year after it has been made and provided that a copy of the deliberation or decision has been posted for one year at the entrance of the cemetery.
The provisions of § 2 are also applicable. »
Art. 8. The title of chapter I, section II, of the same law is replaced by the following title: "Concessions".
Art. 9. In section 6 of the Act, as amended by the Act of 10 January 1980, the following amendments are made:
1° paragraphs 1^er and 2 are replaced by the following:
"The communal council or intercommunal council may grant sepulture or columbarium concessions in the communal or intercommunal cemeteries respectively.
In the case of a communal cemetery, the municipal council may delegate this power to the college of the town and chevines. »;
2° Paragraph 3 is amended to read:
(a) the words "of sepulture" are deleted;
(b) the following sentence is added:
“Third parties designated by the concession holder may also be buried there. »;
3° the following paragraph is inserted between paragraph 3 and paragraph 4:
"For persons who at the time of the death of one of them constituted a de facto household, a concession may be requested by the survivor. »
Art. 10. In section 7 of the Act, the following amendments are made:
1° the following paragraphs are inserted between paragraph 2 and paragraph 3:
"Renewals can only be refused if the interested party is unable to present sufficient financial guarantees for the maintenance of the concession.
The King may recognize associations with legal personality, created with the aim of presenting financial guarantees, and may set rules to these guarantees. »;
2° Paragraph 4, inserted by the Act of 4 July 1973, is replaced by the following provision:
"On request introduced by any interested person before the expiry of the fixed period, a new period of the same duration shall take place from each new burial in the concession. In the event that no renewal is requested between the date of the last burial in the concession and the expiry of the period for which it was granted, the burial shall be maintained for a period of five years beginning on the date of death if the death occurred less than five years before the expiry date of the concession. »
Art. 11. Section 8 of the Act is replaced by the following provision:
“Art. 8. The communal council or the intercommunal shall set the tariff and conditions for granting concessions.
In the cases referred to in Article 7, paragraphs 2 and 4, the retribution that may be required by the municipality shall be calculated on the prorated basis of the number of years that exceed the expiration date of the previous concession. »
Art. 12. In section 9 of the Act, as amended by the Act of 4 July 1973, the following amendments are made:
1° the second sentence of paragraph 4 is deleted;
2° the following paragraph is inserted between paragraph 4 and paragraph 5:
"If the burger or his or her delegate cannot find the trace of the persons referred to in the preceding paragraph, a copy of the act is posted for one year at the burial site and another at the entrance to the cemetery. »
Art. 13. In section 11 of the Act, the following amendments are made:
1° in paragraph 2 of the Dutch text, the words "Verwaarlozing opleverend onderhoudsverzuim" are replaced by the words "Onderhoudsverzuim dat verwaarlozing uitmaakt",
2° in paragraph 3, the words "or delegate of the intercommunal cemetery" are inserted between the words "spouse" and "; displayed";
3° in paragraph 4, the words "or intercommunal" are inserted between the words "municipal council" and the word "may".
Art. 14. Section 12 of the Act is replaced by the following provision:
“Art. 12. The mortal remains must be placed in a coffin.
A pre-packaged beer may be allowed in cases determined by the King.
The use of coffins, sheaths, linceuls, products and processes that prevent either the natural and normal decomposition of bodies, or cremation, is prohibited.
The King defines the objects and processes referred to in the preceding paragraph, as well as the conditions to which coffins must respond. "
Art. 15. Article 14, paragraph 1^erthe same law is supplemented by the following provision:
"The carriage of the body shall be carried out by means of a corbillard or a specially equipped vehicle for this purpose. »
Art. 16. Section 15bis of the Act, inserted by the Act of 28 December 1989, is replaced by the following provision:
"Art. 15bis. § 1^er There are two types of sepulture: burial and dispersion or ash conservation after cremation.
§ 2. Every person may, from his/her lifetime, inform the civil status officer of his/her commune voluntarily and in writing of his/her last wishes as to the method of burial, either the burial, or the dispersion or preservation of ashes after cremation.
This communication is recorded in the communal register of the population in the manner determined by the King.
This act of last will is assimilated to the application for authorization of cremation under Article 21, § 1^erParagraph 1^er, or the act provided for in Article 21, § 2.
If the death occurred in a municipality other than that of the main residence, the municipality of the main residence must promptly transmit to the municipality of death, upon request, information relating to the last wishes referred to in paragraph 2. »
Art. 17. In article 17, paragraph 2, of the same law, the words "or intercommunal" are inserted between the words "communal council" and the word "fixed".
Art. 18. Section 19, paragraph 3, of the Act is replaced by the following provision:
"Without prejudice to the last wishes expressed in respect of sepulture in accordance with Article 15bis, the communal council or the intercommunal decides on the destination to give to the mortal remains discovered in the cemetery enclosure. »
Art. 19. The title of chapter II, section III, of the Act is replaced by the following title: "Cremation".
Art. 20. Section 20 of the Act is replaced by the following provision:
"Art. 20. § 1^er. Cremation is subject to an authorization issued by the Civil Registry Officer who found the death if the person died in Belgium, or by the Crown Prosecutor of the Borough in which is located either the Crematory Institution or the principal residence of the deceased, if the person died abroad.
§ 2. For cremation after exhumation, the authorization for exhumation referred to in section 4 is required.
After the granting of the authorization for exhumation, the application for an authorization for cremation, duly substantiated, is forwarded by the Civil Registry Officer to the Crown Prosecutor of the borough of the place where the crematory establishment or the principal residence of the applicant is located, the place of death or the place where the mortal remains were buried.
At this request for authorization, must be attached, if it is purchased, a certificate of registration in the registers of the population of the last wishes of the deceased in the matter of sepulture mode.
The King's prosecutor to whom the application was made may apply to the Civil Registry Officer at the place where the death was found to transmit a file containing the certificate referred to in section 77 or section 81 of the Civil Code. If this certificate fails, the Civil Registry Officer shall indicate the reason for it.
Cremation authorization is denied or granted by the King's Prosecutor who received the application for cremation. »
Art. 21. In Article 21, § 1^er, from the same law, the words "or by his delegate" are added after the word "meralone".
Art. 22. Section 22 of the Act is replaced by the following provision:
“Art. 22. § 1^er Upon application for authorization, a certificate must be attached in which the attending physician or doctor who has found the death indicates whether there has been natural or violent or suspicious death or cause of death impossible to detect.
When it comes to the body of a person who died in Belgium, and the doctor referred to in the previous paragraph has confirmed that it is a natural death, must be attached, in addition, to the report of a sworn doctor committed by the civil officer to verify the causes of death, indicating whether there has been natural or violent or suspicious death or cause of death impossible to detect.
The fees and all costs associated with the doctor committed by the civil registration officer are borne by the municipal administration of the residence of the deceased.
§ 2. The file must be forwarded by the Civil Registry Officer to the District King's Attorney when there are circumstances to suspect that there has been violent or suspicious death or cause of death impossible to detect or where, in any of the documents required by § 1^er, the doctor could not state that there were no signs or signs of violent or suspicious death or cause of death impossible to detect.
In this case, the cremation can only be authorized after the King's attorney has made known to the civil status officer that he does not oppose it. »
Art. 23. An article 23bis, as follows, is inserted in the same law:
"Art. 23bis. If the circumstances so require, the township of the commune in which is located the crematory establishment or its delegate proceeds to the opening of the coffin and draws minutes of this operation which it transmits without delay to the prosecutor of the King of the borough in which the crematory establishment is located. »
Art. 24. In section 25 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "without prejudice to the right of the concession holder" are added after the word "sepulture";
2° in paragraph 2, the words "or intercommunal" are inserted between the words "the communal council" and the word "rule".
Art. 25. In section 26 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "or intercommunal" are added after the word "common";
2° in paragraph 2, the words "decided by the College of Bourgmestre and Echevins" are deleted and the words "or intercommunal" are added after the word "common";
3° the following paragraph is inserted between paragraph 2 and paragraph 3:
"The period referred to in the preceding paragraph is fixed or extended by the municipality or intercommunal who manages the cemetery. As far as the commune is concerned, the competent organ is the College of Bourgmestre and Echevins. »
Art. 26. Article 28bis, as follows, is inserted in the same law:
"Art. 28bis. For the nineteen municipalities of the administrative district of Brussels-Capital, the powers assigned by this Act to the provincial governor are exercised by the governor of the administrative district of Brussels-Capital. »
Art. 27. Section 30 of the Act is repealed.
Art. 28. The same law is supplemented by article 33, which reads as follows:
“Art. 33. Crematory establishments that, on the date of the coming into force of the Act of 20 September 1998 amending the Act of 20 July 1971 on funerals and burials, do not meet the conditions set out in section 1^erParagraph 2 may continue their activities for a period of five years beginning on the date referred to above. The facilities provided for in section 1^erParagraph 3 shall be located in the cemetery adjacent to these establishments.
Articles 1^er, paragraphs 4, 2, 3, 4, 20, 21, 22, 23, 23 bis and 29 are applicable to the crematory establishments referred to in the preceding paragraph. "
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 20 September 1998.
ALBERT
By the King:
The Minister of the Interior,
L. TOBBACK
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Regular session 1996-1997.
House of Representatives.
Parliamentary documents. - Bill No. 1086/1. - Amendments, No. 1086/2 and 3. - Report, no. 1086/4. - Text adopted by the Commission, No. 1086/5. - Amendments, n^bones 1086/ 6 and 7. - Text adopted in plenary session, No. 1086/8.
Regular session 1997-1998.
Annales of the House of Representatives.- Discussion and adoption. Meetings of 13 and 15 January 1998.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 848/1. - Amendments, no. 848/2 to 4. - Opinion of the Commission of Justice, no. 848/5. - Amendments, no. 848/6. - Report, no. 848/7. - Text adopted by the Commission, No. 848/8. - Text amended by the Senate, No. 848/9. - Decision of the Parliamentary Committee for Consultation, No. 82/1995 (B.Z.).
Annales of the Senate. - Discussion and adoption. Meetings of 23 and 30 April 1998.
House of Representatives.
Parliamentary documents. - Text amended by the Senate No. 1086/9. - Amendments, no. 1086/10. - Report, no. 1086/11. - Text adopted by the Commission, No. 1086/12. - Amendments, No. 1086/13. - Text adopted in plenary and subject to Royal Assent, No. 1086/14.
Annales of the House of Representatives. - Discussion and adoption. Sessions of 1^er and 2 July 1998.