EU Sub-Committee G (Social Policy and Consumer Affairs) is conducting an inquiry into the issues raised by the European Commission's Communication "Organ donation and transplantation: policy actions at EU level", which was published on 31 May 2007. The relevant Commission document COM (2007) 275 final is accessible on the Commission website at -

http://register.consilium.europa.eu/pdf/en/07/st09/st09834.en07.pdf

An associated Impact Assessment which gives greater detail relating to the subject has also been prepared by the Commission and is available at -

http://register.consilium.europa.eu/pdf/en/07/st09/st09834-ad01.en07.pdf

The Commission Communication is intended to stimulate discussion of the issues that arise increasingly now that organ transplantation has come to be a successful form of treatment for medical conditions involving the failure of the kidney, liver, lung and heart. In the case of kidney failure, transplantation is now the most cost-effective treatment available (the alternative being daily kidney dialysis); while for failure of the liver, lung and heart, it is the only treatment available.

The Commission cites Article 152(4)(a) of the EC Treaty as the basis for its action in this field. They assert that this Article enables the European Parliament and Council to adopt harmonised health measures on the basis of the co decision procedure set out in Article 251 EC, by setting high standards of quality and safety of human organs.

Particular issues raised in the Commission's Communication on which we invite responses are the following:

• EU-wide shortage of organs available for transplantation
• organisation of organ donor and transplantation systems
• raising public awareness of organ donation
• use of organ donor cards, including the idea of a European organ donor card
• use of volunteer living donors
• ensuring the quality and safety of cross-border organ donation within the EU
• ethical issues relating to organ donation and transplantation
• health and social welfare benefits of organ transplantation
• medical risks of organ transplantation
• illegal trafficking in organs

We also invite responses on the following issues of relevance to the Commission document:

• questions which may arise in relation to organ donation and transplantation from a faith-based point of view
• questions which may arise in relation to organ donation and transplantation from the point of view of population sub-groups within the UK
• the "presumed consent" approach for identifying organ donors (under which a willingness to donate organs becomes the default position and people wishing to opt out from this need to make this known)
• the arrangements for taking into account the views of relatives about removing organs for transplantation from a deceased donor (both under the present system of "opting in" or under the "presumed consent" system for identifying donors)

In addition, we seek views on the need for an EU role in this field—the Commission's argument is that it is needed for three main reasons.

• To promote cooperation between Member States in order to share expertise and to expand the size of the potential donor pool in each Member State.
• To provide a cross-border framework for the organisation of organ donation and transplantation, with harmonised rules that would provide EU citizens with higher standards for organ safety and quality than can be assured by the national legislations of Member States acting separately
• To enable more effective action across the EU to fight illegal organ trafficking

We also would welcome views on any other aspect of the Commission's Communication and Impact Assessment.

Interested parties are invited to submit a concise statement of written evidence to this inquiry by Friday, 5 October 2007. Guidance for the submission of evidence is set out on the following page.