WRITTEN QUESTION E-1666/03

by Proinsias De Rossa (PSE) to the Commission

(19 May 2003)

Subject: Removal and retention of children's organs without parental consent

Could the Commission indicate whether the issue of parental consent for the removal and retention of children's organs comes under the ambit of the United Nations (UN) Protocol on the prevention, suppression and punishment of trafficking in persons signed by the Commission on behalf of the Community on 13 December 2000, which supplements the UN Convention on Transnational Organised Crime, and which, according to the Commission's answer to Written Question E-3848/00(1), deals with the removal of organs?

Could the Commission indicate whether, based on Article 152 of the EC Treaty or any other EU treaty article(s), the European Union or any institution thereof including Europol, has taken any position on the removal and retention of children's organs without parental consent and, if so, could it set out that position?

Could it indicate whether this matter is being dealt with under the Community's Action Programme for Public Health, approved by the European Parliament and the Council on 23 September 2002, or under any other current or planned policy initiative by the EU?

(1) OJ C 187 E, 3.7.2001, p. 63.

Answer given by Mr Vitorino on behalf of the Commission

(3 July 2003)

The United Nations (UN) Protocol to prevent, suppress and punish trafficking in persons, especially women and children requires State Parties to establish as criminal offences, inter alia, the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation when such conduct is committed intentionally, and provides that exploitation shall include the removal of organs.

The general issue of the removal and retention of children's organs without parental consent is not expressly addressed in the Protocol. However, the interpretative notes for the official records (travaux préparatoires) of the negotiation of the Protocol (A/55/383/Add.1) state that the travaux préparatoires should indicate that the removal of organs from children with the consent of a parent or guardian for legitimate medical or therapeutic reasons should not be considered exploitation.

Greece recently introduced an initiative relating to the adoption by the Council of a draft Framework Decision on the prevention and control of trafficking in human organs and tissues. The text of that draft Framework Decision was published in the Official Journal of the European Union(1) and is currently under consideration. It was presented to the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs of the Parliament on 23 April 2003. The general issue of the removal and retention of children's organs without parental consent is not expressly addressed in the draft Framework Decision.

On the basis of the EC Treaty, the Commission, under Article 152, has elaborated a proposal for a Directive of the Parliament and of the Council on setting standards of quality and safety for the donation, procurement, testing, processing, storage, and distribution of human tissues and cells(2), now in discussion in Parliament and Council. This proposal is focused on the quality and safety aspects of the use of tissues and cells, because Article 152 provides for public health protection and not the implementation of ethical objectives as such. However, some international basic ethical principles are encouraged in the proposals, e.g. the principle of mandatory consent.

The Commission envisages the development of a framework strategy for Community action on organs. A Conference is foreseen for the second half of 2003, under the Italian presidency with Commission support, with the objective of arriving at clear recommendations on future initiatives. In the meantime, the Commission is compiling information on the situation in respect of organ transplantation in Member States and Applicant Countries.

The work programme of the Community Public Health Action programme establishes three main objectives concerning quality and safety aspects of organ transplantation as priorities for 2003: identifying factors influencing the quality and safety of organs for transplantation; monitoring the organ donation-transplantation processes and developing networking for effective exchange of information between countries.

(1) OJ C 100, 26.4.2003.

(2) OJ C 227 E, 24.9.2002.