Source: EURLEX
Language: en
Format: md

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| 27.3.2004 | EN | Official Journal of the European Union | CE 78/195 |

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(2004/C 78 E/0200)

WRITTEN QUESTION E-2946/03

by Dana Scallon (PPE-DE) to the Commission

(8 October 2003)

Subject:   Specific programme for research

In the European Commission explanatory memorandum of the proposal for a Council Decision amending decision 2002/834/EC on the specific programme for research, technological development and demonstration ‘Integrating and strengthening the European research area’ (2002-2006)[(1)](#ntr1-CE2004078EN.01019501-E0001), it is said that in the course of the ethical review, there will be an assessment of whether a free, express and informed consent of the donors has been obtained.

As it is intended that the stem cells for research will be obtained from early stage human embryos, can the Commission confirm:

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| — | Who will donate the stem cells, from whom will they be harvested? |

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| — | How will it intend to obtain consent from these human beings who will donate their stem cells, who are not able to communicate verbally or orally at this specific stage of their development? |

Answer given by Mr Busquin on behalf of the Commission

(7 November 2003)

The Commission would like to inform the Honourable Member that in the context of the Commission proposal[(2)](#ntr2-CE2004078EN.01019501-E0002) and the condition (e) of the annex it refers to, the ‘donor(s)’ refers to the person(s) who is legally responsible for the human embryo created as a result of medically-assisted in vitro fertilisation designed to induce pregnancy and no longer to be used for that purpose (supernumerary embryo).

The person(s) legally responsible is defined differently in national legislations regulating in vitro fertilisation. For that reason, the Commission proposal[(3)](#ntr3-CE2004078EN.01019501-E0003), in the context of subsidiarity, makes reference to national legislation which imposes specific requirements concerning the consent procedure of the donor(s).

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