WRITTEN QUESTION E-1666/03 by Proinsias De Rossa (PSE) to the Commission. Removal and retention of children's organs without parental consent.
Date: 2003-05-19
Institutions: European Parliament, Provisional data
Subjects: UN convention, child, drafting of EU law, illicit trade, infancy, information network, organ transplantation, public health, trade in organs, trafficking in human beings

C 51 E/122

Official Journal of the European Union

EN

26.2.2004

Answer given by Mr Vitorino on behalf of the Commission

(24 June 2003)

The Commission has put
fundamental rights that
fundamental rights in the Union.
Honourable Member and ask them to deal with it in the report to be prepared for 2003.

independent experts on
is charged with drawing up an annual report on the situation regarding
It will draw the experts’ attention to the question raised by the

in place, at Parliament’s request, a network of

It is for Parliament to address this question in the resolution it adopts each year on the situation regarding
fundamental rights in the Union.

The Commission would also point out that it has referred to the Court of Justice the cases of expulsions of
Italian citizens from Germany for reasons of public policy (Case C-441/02). It is seeking a ruling that
Germany has infringed the rules of Community law laying down the conditions to be respected by a
Member State which expels a Union citizen for reasons of public policy.

The Commission has also dealt with several cases concerning expulsion for reasons of
long-term
unemployment. It twice asked the German authorities for their position on this matter. They replied that
they share the Commission’s position and have informed the relevant authorities accordingly, the position
being that, if a five-year residence permit has been renewed once, the Member State cannot refuse to
renew it on the ground of involuntary unemployment and, consequently, may not expel a person in this
situation. The Commission has not been informed of any new cases of this type recently.

(2004/C 51 E/138)

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
if so, could it set out that
removal and retention of children’s organs without parental consent and,
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
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.

to establish as criminal offences,

inter alia,

26.2.2004

EN

Official Journal of the European Union

C 51 E/123

issue of the removal and retention of children’s organs without parental consent is not
The general
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 Community Public Health Action programme establishes three main
The work programme of
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.

(2004/C 51 E/139)

WRITTEN QUESTION P-1681/03

by Jonas Sjöstedt (GUE/NGL) to the Commission

(15 May 2003)

Subject: Tripartite Agreement between the Commission, the Court of Auditors and the EIB

On 19 March 2003 the Tripartite Agreement between the Commission, the Court of Auditors and the
European Investment Bank expired.

Can the Commission say what is the state of play of renegociation of the Agreement, as requested by
Parliament in paragraph 34 of its resolution of November 2002 on the Annual report 2001 of the
Investment Bank? Can the Commission explain how Parliament’s requests in the above-mentioned
resolution will be implemented?

the Commission inform Parliament’s competent committee (Cocobu) of

Will
agreement before it is signed?

the draft

text

for an

Does the Commission agree that, in accordance with Article 248 of the EC Treaty, the audit by the Court
of measures financed from the Community budget and managed by the Bank must include an assessment
whether the management by the Bank has been sound?

Will the Commission make sure that the new agreement will be available in all Community languages and
not only in French?