2. From the beginning of the drafting of the Convention on the Transfer of Bodies, the need for a new instrument to replace the 1937 Berlin Convention on the Transport of Bodies was strongly linked. At first, experts from some countries that were parties to the Berlin agreement expressed doubts about the need for a new instrument, but were ultimately convinced that improved communication today, a considerable increase in tourism and the extensive employment of foreign workers associated with new means of transport (such as jets) and advances in medical knowledge would have led to a situation that justified the development of a new international instrument. 34. These articles follow the model of the final clauses approved by the Council of Europe`s Committee of Ministers for Council of Europe Conventions and Agreements. 14. Article 2, paragraph 2, of Article 2, paragraph 2, stipulates that the conditions imposed by the agreement can only be lifted with the agreement of all States Parties to the Convention participating in the transfer in question. Sometimes, particularly when the transfer is made by road, states that are not parties to the agreements or decisions covered by Article 2, paragraph 2, may be involved. Paragraph 2 of Article 2 does not limit the right of States to enter into such agreements or to make such decisions, but merely recalls the principle that states participating in a given transfer, in particular transit states that are not parties to such an agreement or decision, cannot be required to apply their provisions , unless they have agreed. 3. Another difficulty was the legal relationship between the two acts. A number of Council of Europe member states, parties to the Berlin Convention, initially expressed concern about their position in international law if they were to be parties to both acts.
Article 10 of the Berlin Agreement has often been cited. It states that “the general and specific provisions of this Convention contain the maximum requirements (except for royalties) that can be set in relation to the acceptance of corpses from one of the contracting states. These countries remain free to provide greater facilities, either through bilateral agreements or through decisions taken by mutual agreement in some cases. » (1) 19. Article 5 of the agreement stipulates that the issuance of the pass is subject, on the one hand, to the medical, medical, administrative and legal requirements of the provisions in force in the State of Departure for the transfer of bodies and, if necessary, burial and exhumation, and, on the other hand, to the terms of the agreement on the coffin and its contents. 25. With regard to the question of whether personal belongings, such as wreaths, flower tears, crucifixes, etc., should be allowed to be transported with the body, it was agreed that, subject to the law on the importation and export of such objects in states participating in a given transfer, they could accompany the body if they were to be buried or cremated with it.