The Funeral Services Act - OG 36/15
I . GENERAL PROVISIONS
Article 1
This Act regulates the content, methods and conditions for conducting funeral services, the rights and obligations of the funeral service provider, professional competence, records of people who have passed the professional crafts exam, control over the implementation of the Act and other important questions related to the exercising of funeral activity.
Article 2
With this Act the Directive of the Republic of Croatia 2006/123/EC of the European Parliament and Council as of December 12, 2006 on the services on the internal market (OJ L 376, December 27, 2006) is transferred into the legal system.
Article 3
The terms set out in this Act, the meaning of which indicates a gender, equally refer to the male and female gender, regardless of the gender which is being used.
Article 4
Some phrases of this Act have the following meanings:
1) The funeral service provider is a sole trader or craftsman registered in the competent register with its head office on the territory of the Republic of Croatia, in addition to the coroner who is appointed in accordance with the special regulations governing the organisation and operation of the coroner service. The funeral service provider is also a natural or legal person appointed for work, who has its head office on the territory of the member state of the European Union or the contracting state of the Agreement of the European Economic Area.
2) The funeral service client is a natural or legal person who orders a funeral service from the coroner.
3) The funeral equipment consists of wood and metal caskets, funerary urns, transportation boxes for caskets, textile for the interior of caskets, headstones, decorations for caskets and similar.
4) Funeral necessities consist of clothing and footwear for the deceased, wipes, equipment for catafalques, morgues and funeral halls, cemetery supplies and similar.
. 5)Body care of the deceased consists of washing, make-up, a haircut, a manicure, dressing, embalming and similar.
6) The funeral vehicle is a vehicle that was specially manufactured or adjusted for the transport of the deceased and it meets the conditions prescribed by this Act, as well as other special provisions.
7) The funeral centre is a facility outside the cemetery with all the official and workrooms intended for a final farewell service and cremation of the deceased in a professional and pious way that is in accordance with this Act and the special provisions related to the conditions of the premises and equipment for the cremation of the deceased.
Article 5
(1) The funeral service provider is obliged to perform his or her services in accordance with the rules of the profession, under equal conditions for all and with paying of all due respect to the deceased person and to the family of the deceased.
(2)Discrimination on the basis of race or ethnicity, gender, language, religion, political or other opinion, national or social origin, class, education, social status, marital or family status, age, health, disability, genetic heritage, gender identity, expression or sexual orientation is prohibited in providing his or her services.
Article 6
(1) Bidding and advertising must be in accordance with professional rules and must respect the principles of piety.
(2) The provisions of special regulations apply to the offer and advertising of funeral activities in an appropriate way.
Article 7
(1) Funeral activities can be undertaken by funeral service providers mentioned in Article 4, paragraph 1 of this Act in accordance with the provisions of this Act, if they have a head office on the territory of the Republic of Croatia, that is, if the funeral service providers meet the conditions that apply to the provisions of the EU member state or the country which participates in the Agreement on the European Economic Area in which they are located.
(2) The funeral service providers who meet the provisions of the EU member state or the country which participates in the Agreement on the European Economic Area in which they are established can perform their funeral activities in the Republic of Croatia temporarily or occasionally based on the Act on services.
(3) The funeral service provider with his or her head office on the territory of the third country can perform funeral activities on the territory of the Republic of Croatia provided that he or she complies with all conditions prescribed by this Act and with the prior issuing of the appropriate permits according to the provisions of the Act on Foreign Citizens.
II. PERFORMING OF FUNERAL ACTIVITIES
Article 8
(1) Funeral activities set out this Act fall under the following:
– obtaining and transporting the deceased person or their remains from the place of death, that is the place where the deceased or his or her remains are located, to the respective pathological centre, forensic medicine centre, cemetery, crematorium, airport, bus station, railway station, sea or river port and other terminals that carry passengers or goods, the funeral service provider’s business premises or other places designated by a special Act
– the organisation of transport of the deceased within the Republic of Croatia in accordance with special provisions
– the organisation of transport of the deceased from the Republic of Croatia to other countries in accordance with special acts and international agreements
– the organisation of transport within the Republic of Croatia in accordance with special acts and international treaties that comply with these Acts, including the collecting of the deceased at the airport, bus station, railway station, sea or river port and other terminals for the transport of passengers or goods, from the funeral service provider’s business premises, and the transport to the cemetery or crematorium, as well as the transport of the deceased within the territory of the Republic of Croatia
– the organisation and the obtaining of documentation for the transport of the deceased or of the remains
– the organisation of the funeral or farewell service
– the sales of funeral equipment and funeral supplies including flowers and candles,printing of death announcements (obituaries) and the publication of accompanying content (announcements, farewells, memorials) in print and electronic media,
– the organisation of music services
– the organisation and provision of body care services of the deceased
– the organisation of religious ceremonies
– the cremation of the deceased outside the cemetery
– the organisation of scattering ashes of the deceased in nature (sea, rivers, forests, mountains, meadows and similar)
– the storage of the urn containing the remains of the deceased at the premises of the funeral service provider
– other business activities necessary for the performing of funeral activities.
(2) For the purposes of the business activities such as the collecting and transport of the deceased referred to in paragraph 1 of subparagraph 1 of this Article, the u funeral service provider is, based on the written authorisation of the client who had requested funeral services, authorised to issue all the necessary documentation to the competent authorities in accordance with the applicable provisions and international agreements.
(3) The funeral service provider who takes on the commitment to supply services to the client should not entrust the individual funeral activity to a funeral service provider who does not have a certificate of eligibility for the performing of funeral activities.
(4) The task of storing the urn with the remains of the deceased at the funeral service provider’s premises, the conditions and time limits are to be negotiated between the funeral service provider and the client who is ordering those services according to the provisions governing mandatory relations.
(5) The price of the services should be shown at the premises where the activities are performed, in a place which is visible, and the funeral service provider must comply with the provisions which regard the price.
Article 9
(1) Exceptionally, obtaining and transporting the deceased or of his or her remains from the place of death to the relevant pathology centre or forensic medicine centre set out in Article 8, paragraph 1, subsection 1 of this Act, for which it is not possible to determine the cause of death without an autopsy, the funeral service provider will perform it based on the agreement on the outsourcing of the services related to the transport of the deceased, concluded with the local government unit.
(2) The local governments will publish a tender for the outsourcing of transportation services set out in the paragraph 1 of this Article based on this Act, and the decision of the outsourcing of the transportation of the deceased which are financed from the budget of the local government.
Article 10
(1) The transport of the deceased, with the exception of the ashes of the deceased, can only be performed by the funeral service provider by the funeral vehicle which meets technical and sanitary conditions in accordance with a special provision, and for this purpose, the MOT certificate is given at the MOT vehicle testing station. The MOT certificate is not issued for imported funeral vehicles that were manufactured and certified in an EU Member State or a Contracting State.
(2) The business premises where funeral activities are performed must satisfy the prescribed sanitary and technical, and hygienic conditions and other terms of the Regulations on the guaranteed minimum of technical and other conditions related to sales facilities, equipment and resources in sales facilities and conditions for the sale of goods outside the prescribed stores according to special provisions.
(3) The premises and the equipment of the funeral service provider centre set out in Article 4, section 7 of this Act, which include the cremation room must meet the conditions of the specified provisions regarding the technical equipment and safety at work, the safety and improvement of the environment, noise protection, harmful emissions and other provisions that are related to the cremation of the body.
Article 11
(1) It is necessary to conclude an insurance contract with the insurer regarding the insurance against liability for damage that covers general liability and business liability (professional liability), for damage that may be caused to the client or third parties during the performing of funeral activities.
(2) For damage caused by the funeral service provider, the lowest insured sum cannot be less than 20.000,00 Croatian kunas (HRK) per one accident, that is 100.000,00 kunas for all the claims during one insurance year.
(3) The funeral service provider can also be insured by the EU member state and the Contracting state participating in the Agreement of the European Economic Area.
Certificate of the eligibility for the performing of funeral services
Article 12
(1) The legal or natural person who is registered at the corresponding register needs to obtain a certificate on eligibility before performing business activities.
(2) The request for the certificate needs to be submitted at the local competent state administration office in the county, that is, at the competent office of the City of Zagreb where the head office of the funeral service provider is, directly in writing, by post or e-mail.
(3) The request set out in paragraph 2 of this Article needs to contain the following information and evidence:
– an excerpt from the Court or Crafts Register
– a business contract with a person who has passed the exam for the performing of funeral activities
– with the insurance company in case of liability for the damage caused and for the minimal insurance amount set out in Article 11, paragraph 2 of this Act
– proof of ownership or lease of business premises or funeral centre
– proof of ownership or lease of at least one funeral vehicle
– proof of ownership or lease of funeral centre or at least one parking lot for funeral vehicles, i.e. proving there is an available place where you can keep funeral vehicles in a way that it satisfies minimal technical and organisational conditions for safe parking
– a decision on the fulfilment of minimal technical, sanitary and other conditions of the premises and equipment for the performing of funeral activities
– a Certificate of No Criminal Record for the funeral service provider as a natural person, sole trader or a responsible person in a legal person for a criminal offense against life and limby, that is the offense of disturbing the deceased
– a Certificate of No Criminal Offence, set out in Article 13, subparagraph 2 of this Act.
(4) The evidence from paragraph 3, subparagraph 1,8 and 9 is officially gathered by the locally competent office, the competent office of the city, that is the subsidiary or a separate department.
(5) The obligation to obtain a certificate is appropriately applied to a subsidiary of the legal person, that is the separate department of the craftsman.
Article 13
A funeral service provider's representative does not have a business reputation, in the sense of this Act, if he or she is:
– convicted of a criminal offense against life and limb, that is of the breach of the peace of the deceased
– convicted of a criminal offense by the final decision of the court for misdemeanour, and was punished twice during one year for an offense related to the performing of funeral services, according to the provisions of this Act.
Article 14
(1) If the local competent state administration office in the county, that is the competent office of the city of Zagreb, by examining the evidence from Article 12, paragraph 3 of this Act, establishes that the required conditions were met, it will promptly deliver a decision on the fulfilment of the conditions for the performing of funeral activities.
(2) The office set out in paragraph 1 of this Article will promptly deliver decision on the fulfilment of the conditions for the performing of funeral activities to the funeral service provider, competent registration authority, the local competent Tax Administration Office and the competent inspection offices according to special provisions.
(3) The funeral service provider can start performing the services on the day when the decision set out in paragraph 1 of this Article becomes effective.
Article 15
If an office mentioned in Article 14, paragraph 1 of this Act refuses a request of the funeral service provider to bring a decision on the fulfilment of conditions for the performing of funeral services, the applicant may terminate the contract under Article 11 of this Act.
Article 16
(1) The local competent state administration office in the county, that is the competent office of the city of Zagreb, will bring a decision which establishes that the legal conditions for the performing of funeral activities have ceased to exist if it establishes that the funeral service provider does not comply with the conditions from Article 12 of this Act, and if the funeral service provider performs his or her funeral service activities contrary to the provisions of this Act or the implemented provisions adopted on the basis of this Act.
(2) The local competent state administration office in the county, that is the competent office of the city of Zagreb, delivers the executive decision to the funeral service provider and the competent commercial court for further proceedings, that is if the funeral service provider is registered at the trade register, they retain a copy of the decision based on which they carry out the procedure of deleting the funeral service provider from the Craft Register.
Article 17
(1) The funeral service provider may appeal to the Ministry that is responsible for enterprise and crafts against the decision of the local competent state administration office in the county, that is the office of the city of Zagreb.
(2) The ministry competent for enterprise and crafts does not allow for appeals, but action can be brought before the administrative court.
III. THE EXAM ON PROFESSIONAL QUALIFICATIONS
Professional qualifications
Article 18
(1) The funeral service provider must meet the special requirement of professional qualification for funeral activities in order to employ a full-time worker who meets this requirement.
(2) The worker complies with the conditions from Article 12, paragraph 3, subparagraphs 8 and 9 of this Act.
(3) Professional qualifications from paragraph 1 of this article are proven by passing the exam on professional qualifications for the providing of funeral services (hereinafter: the exam on professional qualifications).
Article 19
(1) The exam can be taken by a person that has completed at least a secondary vocational education with a duration of three years.
(2) Carried out by the Croatian Chamber of Crafts in compliance with a programme that is determined by the rules of the Minister competent for the proposal of the Croatian Chamber of Crafts.
(3) The list of examiners consists of twenty people from the ranks of specialists for certain exam areas, who are appointed by the Minister competent for enterprise and crafts.
(4) It is taken before the examination commission consisting of five members, and each examiner from the list, for every examination period, is appointed by the President of the Croatian Chamber of Trades and Crafts.
(5) The exam on professional qualifications consists of the written and oral part.
(6) After passing the exam, the Croatian Chamber of Crafts issues a certificate of the passed exam on professional qualifications.
(7) The Croatian Chamber of Crafts keeps a record of the passed exams on professional qualifications.
(8) The method and the procedure of implementation, the amount of reimbursed costs, the content and the form of the certificate of professional competence is prescribed by the ordinance of the Minister of Entrepreneurship and Crafts with a prior opinion from the Croatian Chamber of Crafts.
The records of people with the passed exam on professional qualifications for the providing of funeral services
Article 20
(1) The records of people with the passed exam on professional qualifications for the providing of funeral services (hereinafter: records) are kept in the Croatian Chamber of Crafts.
(2) The form, content and manner of keeping records is prescribed by the rules of the Minister competent for the Entrepreneurship and Crafts with a prior opinion of the Croatian Chamber of Crafts.
(3) The data from the records of the Croatian Chamber of Crafts is regularly delivered to the Ministry which is competent for entrepreneurship and crafts, and the access to the data can be obtained by other interested persons.
IV. SUPERVISION
Article 21
(1) The administrative supervision of this Act and provisions adopted on the basis of this Act is performed by the Ministry competent for entrepreneurship and crafts.
(2) The Ministry competent for entrepreneurship and crafts supervises and monitors the work of the Croatian Chamber of Crafts in conducting activities that were provided as public competences to the Chamber in the field of the implementation of professional qualifications for the performing of funeral activities.
(3) The inspection supervision of the application of the provision of this Act as well as special provisions that appropriately apply to the performing of funeral activities are carried out by inspections in accordance with the authorities established by special provisions and this Act.
V. PENAL PROVISIONS
Article 22
(1) A fine amounting between 5000,00 and 35.000,00 Croatian kunas will be imposed on the funeral service provider for an offense if he or she:
– provides funeral services without being registered at the appropriate register contrary to the provisions of this Act (Article 4, paragraph 1)
– was appointed the coroner according to the special provisions that regulate the organisation and work of the coronary office (Article 4, paragraph 1)
- entrusts the performing of an individual funeral task to the funeral service provider who does not have the decision on the fulfilling of the conditions for the providing of funeral services (Article 8, paragraph 3)
– did not make a price visible at the premises where the services were being performed or the service offered does not comply with the displayed price (Article 8, paragraph 5)
– the transport of the deceased and the remains, except for the ashes of the deceased, is conducted in a funeral vehicle that does not meet the prescribed technical and sanitary conditions (Article 10, paragraph 1)
– the business premises where the funeral activities are being performed do not meet the technical and sanitary conditions (Article 10, paragraph 2)
– the business premises and equipment of the funeral centre do not meet the conditions set by special provisions (Article 10, paragraph 3)
– has no valid contract for the insurance from liability for damage that covers general responsibility and accountability of activities (professional liability), concluded with the insurer in the Republic of Croatia, that is with the insurer in the EU member state or the country that participates in the Agreement on the European Economic Area (Article 11, paragraphs 1 and 3)
– has not obtained a decision on the fulfilment of the conditions for the providing of funeral services (Article 12, paragraph 1)
– there is no full time employee who is professionally competent for providing funeral services (Article 18, paragraph 1).
(2) For the misdemeanour referred to in paragraph 1 of this Article and for repeatedly having committed offenses, fines and protective measures or safety measures related to the banning of the performing of funeral activities can be imposed upon the funeral service provider.
(3) If a safety measure or a protective measure prohibition lasts for more than three months, the funeral service provider is deleted from the appropriate register according to the Act.
(4) The competent inspections will promptly deliver the executive decision on the imposed measures from paragraph 3 of this Article to the competent commercial court or at the local competent state administration office in the county, that is, in the competent office of the city of Zagreb for the competent procedure.
VI. TRANSITIONAL AND FINAL PROVISIONS
Article 23
(1) The Minister competent for enterprise and crafts will decide on the provisions on the basis of the authority of this Act (Article 19, paragraphs 2 and 8 and Article 20, paragraph 2) within six months from the date the Act takes effect.
(2) The Minister competent for enterprise and crafts will decide on the list of examiners for conducting exams on professional qualifications (Article 19, paragraph 3) within six months from the date the Act takes effect.
Article 24
The concessions for conducting business, that are in accordance with the provisions of the Public Utilities Act granted by the competent bodies of local government and the City of Zagreb, cease to apply on the effective date of the Act.
Article 25
Legal and natural persons who transport the deceased from the place of death to the competent pathology or forensic medicine centre on the basis of the communal activities contract coupled with the local government utilities, according to the Law of Communal Economy, continue to perform the aforementioned transport of the deceased until the contract expires.
Article 26
(1) Natural and legal persons who, on the day this Act takes effect, perform funeral services, are required to harmonize their business with the provisions of this Act within one year from the day it commences.
(2) Natural and legal persons who, on the day this Act takes effect, perform funeral services, are required, within the time period of paragraph 1 of this Article, to obtain a decision on the fulfilment of the conditions for performing funeral services in accordance with the provisions of this Act.
(3) A natural and legal person who does not obtain a decision according to paragraph 2 of this Article will not be able to perform the services, and the local competent office of the county or the competent office of the city of Zagreb will bring a decision.
(4) A decision from paragraph 3 of this Article on the termination of rights to perform services is to be submitted to a competent commercial court that conducts the procedure of deleting activities from the court register, that is the local competent state administration office in the county, that is, the competent office of the city of Zagreb which, as a registration body for a natural person, retains a copy of the aforementioned decision and carries out the procedure of deleting the crafts from the crafts register.
Article 27
Funeral service providers who have been registered at the appropriate register on the day this Act takes effect may take an exam on professional qualifications without the obligation to comply with the condition of completing at least a three-year secondary vocational education.
Article 28
With the entry of this Act into force, the provisions that cease to be valid are Article 3, paragraph 1, subparagraph 9; paragraph 10, subparagraph 2; Article 10, paragraph 1, subparagraph 10; Article 11, paragraph 1, subparagraph 8; and Article 20, paragraph 1, subparagraph 7 of the Utilities Act (»Official Gazette« br. 36/95., 70/97., 128/99., 57/00., 129/00., 59/01., 82/04., 178/04., 38/09., 79/09., 49/11., 84/11., 90/11., 144/12., 94/13. i 153/13.) that apply to the transport of the deceased. Ovaj Zakon stupa na snagu osmoga dana od dana objave u »Narodnim novinama«. Klasa: 022-03/14-01/138
Article 29
This Act takes effect eight days after being published in the »Official Gazette«.
Class: 022-03/14-01/138
Zagreb, 20th of March, 2015
THE CROATIAN PARLIAMENT