Subsection 5: Miscellaneous and transitional provisions

Communal and inter-communal undertakers in existence on 9 January 1993, the date of publication of the

loi n° 93-23 du 8 janvier 1993

modifiant le titre VI du livre III du code des communes et relative à la législation dans le domaine funéraire, peuvent, pendant une période qui ne saurait excéder cinq années à compter de cette date, assurer seuls le service extérieur des pompes funèbres tel que défini par les dispositions légales précédemment en vigueur.

For a period of three years, concession contracts concluded before the date referred to in the previous paragraph, including those containing an exclusivity clause, shall continue to have effect until their term, unless terminated by mutual agreement. Notwithstanding any provision to the contrary, contracts containing an exclusivity clause may not be extended or renewed. Without prejudice to any compensation that may be payable by them, the municipalities or establishments for inter-municipal cooperation may terminate current contracts at any time, under the conditions of ordinary law for the unilateral termination of a contract.

The de jure or de facto management of a company or association or establishment that provides funeral services in violation of the exclusive rights maintained pursuant to the first two paragraphs will be punishable by a fine of 75,000 euros.

By way of derogation from the provisions of the first two paragraphs, when the commune of the place where the coffin is placed is not that of the domicile of the deceased or the place of burial or cremation, the funeral directorate or concession holder or, in the absence of organisation of the service, any funeral undertaking or association of either of these communes may intervene on the territory of these communes if the person who is entitled to provide for the funeral or his agent so decides.

Crematoria that have been built and are operated under the sole responsibility of a private company or an association must, within four years of 9 January 1993, the date of publication of the aforementioned Act no. 93-23 of 8 January 1993, be the subject of an agreement with the commune or public establishment for inter-communal cooperation that has decided to exercise the competence provided for in Article

L. 2223-40

. If, within this period, the agreement has not been reached because of the competent authority, the crematorium continues to be operated under the previous conditions for a period of four years.