Four important pieces of legislation apply to the management of a crematorium and the cremation process.
Decree on cemeteries and funeral services
The decree of 16 January 2004 regulates the essential points relating to cemeteries and funeral services. Among other things, the decree stipulates:
that every municipality must have at least one cemetery; several municipalities may join together to have a communal cemetery;
that only a municipality or an intermunicipal partnership may establish and manage a crematorium; the Flemish government has laid down specific criteria for this. Municipal cemeteries and crematoria are subject to the authority, policing and supervision of the municipalities. These ensure that there is no disorder and that no acts are committed that are contrary to respect for the dead.
The decree further stipulates that:
it is possible to grant concessions at cemeteries;
cremation always requires prior authorisation from the registrar or the public prosecutor.
The decree also contains guidelines for the disposal of corpses. These include rules on the coffin and the transport of the deceased. Supervision of this is the responsibility of the municipal authorities, which ensure that it is carried out in an orderly and dignified manner and with the respect due to the dead. Finally, the decree describes the conditions that gravestones must meet.
Decision regarding last will and testament
The decision of the Flemish Government of 24 February 2006 establishing the methods of burial, the destination of ashes and the rituals of the philosophy of life regulates the last will and testament.
In a last will and testament, you can specify whether you want to be buried or cremated. You can also specify the ritual of your philosophy of life for the funeral ceremony and, in the case of cremation, the destination of the ashes. You can have your last will and testament registered in the population register of your place of residence. The civil registry office checks the last will and testament for every death notification and thus ensures that your wishes are respected.
Decision on conditions for coffins and shrouds
The decision of the Flemish Government of 21 October 2005 contains the requirements that coffins and shrouds must meet;
Coffins:
must be made of natural materials and must not be impregnated; wood preservatives or halogenated organic compounds are not permitted; coffins and accessories made of metal or non-biodegradable materials are also not permitted;
out of respect for the deceased, they must never be used more than once. (Different rules apply to coffins intended for the international transport of deceased persons.)
Shrouds:
are a covering used in place of a coffin for the burial of a deceased person.
must be made of natural material and meet various technical requirements; all technical details are described in detail in the decree.
Decree on the scattering of ashes at sea
The ashes of a deceased person may be scattered at sea. The modalities of this are described in the Royal Decree of 25 July 1990.
This decree states that the scattering of ashes may take place “over the territorial sea bordering the territory of Belgium”. In concrete terms, this refers to the North Sea. This form of scattering is carried out in cooperation with the municipal authorities of the coastal municipalities.