EN Official Journal of the European Union CE 33/176

(2004/C 33 E/179)

WRITTEN QUESTION P-1842/03

by Ulpu Iivari (PSE) to the Commission

(26 May 2003)

Subject: Equal treatment of blood donors

Article 21 of the European Union Charter of Fundamental Rights prohibits all forms of discrimination on the grounds of sexual orientation or other similar grounds. The way in which the Finnish Red Cross Blood Donor Service selects volunteers who come to give blood is, to my mind, inconsistent with that article because it places people on an unequal footing according to their sexual orientation.

In Finland all blood donors have to answer the questions put to them by the Red Cross Blood Donor Service. On the basis of the answers, the service nurse determines whether a person can give blood. The Blood Donor Service observes Council of Europe Recommendation No R (95) 15.

A man coming to give blood has to say whether he has ever been in a sexual relationship with another man. If the answer to that question is ‘yes’, he is automatically denied the right to give blood, even though he might satisfy the other criteria. If the answer is ‘no’, he can give blood if he satisfies the other criteria.

Directive 2002/98/EC (1) of the European Parliament and of the Council of 27 January 2003 setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components says nothing about the sexual orientation of donors and how it might affect the prospects for becoming a donor.

Will the Commission standardise the practices applying to blood donors in the different Member States so as to ensure compliance with Article 21 of the Charter of Fundamental Rights?

Answer given by Mr Byrne on behalf of the Commission

(25 June 2003)

It is of the utmost importance that, in order to safeguard public health and to prevent the transmission of infectious diseases to patients, all precautionary measures are taken prior to as well as during the collection, processing, distribution and use of blood and blood components donated by European citizens. It was bearing this in mind that the Parliament and the Council adopted Directive 2002/98/EC of 27 January 2003 setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components and amending Directive 2001/83/EC, in order to ensure a high level of human health protection, in accordance with Article 152 of the Treaty of Amsterdam.

Article 29 of Directive 2002/98/EC obliges the Commission to develop technical requirements concerning inter alia the information that must be obtained from those willing to donate, as well as their suitability to be blood and plasma donors, which includes permanent and temporary deferral criteria. These technical requirements, now under development, take fully into account Council Recommendation 98/463/EC of 29 June 1998 on the suitability of blood and plasma donors and the screening of donated blood in the European Community (2) which recommends the permanent deferral of prospective donors who may have, or have a history of, sexual behaviour placing them at a high risk of transmitting infectious diseases. Once adopted by the Commission, these technical requirements will apply equally to all blood donors throughout the Union.

(1) OJ L 33, 8.2.2003, p. 30.

(2) OJ L 203, 21.7.1998.