Sundhedsudvalget 2008-09
KOM (2008) 0818 Bilag 4
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The European Affairs Committee and the Committee on Health
The EU-Secretariat of the Folketing
Date:
12 February 2009
Opinion adopted by the
European Affairs Committee of the Danish Parliament
On the Commission’s proposal for a Directive of the European
Parliament and of the Council on standards of quality and safety of
human organs intended for transplantation - COM(2008) 818 final
At the request of COSAC, the European Affairs Committee of the Danish
Parliament has conducted an assessment of whether the “proposal for a
Directive of the European Parliament and of the Council on standards of
quality and safety of human organs intended for transplantation” complies with
the principle of subsidiarity.
It is the assessment of a majority of the European Affairs Committee and the
Committee on Health, composed of the Liberal Party, the Social Democrats,
the Conservatives, the Socialist People’s Party, the Social-Liberal Party and
Ms. Pia Christmas-Møller (Non-attached Member), that the objectives of the
Directive can best be attained through regulation at the European level, and
that the proposal therefore complies with the principle of subsidiarity.
A minority composed of the Danish People’s Party furthermore holds the view
that the subsidiarity principle can be regarded as respected given that the
directive seeks to resolve a concrete problem within the area and that the
purpose of the directive is minimum harmonisation as described by the
Minister of Health in his answer to question no. S 891 and S 1034 (Session of
the Folketing 2008-2009)
Finally a minority composed of the Red-Green Alliance has expressed the
view that they find that the proposal does not comply with the principle of
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subsidiarity. The Red-Green Alliance’s Member of the Health Committee has
handed in the following minority statement:
Minority opinion:
“It emerges clearly from the Government’s explanatory note that the proposal
for a Directive “on standards of quality and safety of human organs intended
for transplantation” does not provide any guarantees for high standards in the
field. That is why Member States preserve the right to maintain and introduce
stricter measures at a national level.
Hence it follows that the directive does not guarantee that the exchange of
human organs and substances of human origin, blood and blood derivatives
across borders will be facilitated.
When the Government finds the proposal in compliance with principle of
subsidiarity, it simply underlines the fact that the principle has no real
substance”.
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