On 12 September 2023, the European Parliament adopted the report on new rules governing the use of so-called substances of human origin (SoHO) intended for human application.  The Council still needs to adopt its official position, with the Spanish Presidency hoping to kick off Trilogues by the end of its mandate in December 2023.

The report aims to improve the safety and quality standards for both donors and recipients of blood, plasma, skin, embryo, sperm, and corneas, as well as breast milk and microbiota. 

Parliament’s position also improves coordination between authorities responsible for collecting and handling blood, organs and tissues, and seeks to create better autonomy for the bloc, building up local and regional collections and reducing the EU’s dependency on countries like the U.S. for plasma donations. MEPs  (Members of the Parliament) demanded that the donation of those substances should always be voluntary and unpaid, with donors able to receive compensation or reimbursement for losses or expenses related to the donation process. They stress that compensation should not be used as a way to recruit donors or result in the exploitation of vulnerable people.

There is a concern that based on the text adopted by the European Parliament, countries like Germany, Austria, Hungary and the Czech Republic – which currently allow plasma donors to receive a fixed-rate allowance – would not be able to do so anymore as amendments proposed by the EU Parliament permit donor compensation only for ‘quantifiable’ losses.

With the European Parliament’s position adopted, we must now await the Council position, which is expected in December 2023 or January 2024, after which Trilogues can begin. (What is a trialogue negotiation? It takes its name from a literary form, the trialogue, which means a conversation with three parties. Trialogue negotiations are not provided for in EU treaties. They are used if the Council of the European Union does not agree to the amendments proposed by the European Parliament at the second reading). 

Nancy Di Salvo, on behalf of The GBS-CIDP Organisation Europe, reaches out to the EU Council Presidency Enrique Terol, EU Commissioner Stefaan Van Der Spiegel and MEP Nathalie Colin-Oesterle, highlighting concerns regarding the SoHo Regulation in Trilogue Negotiation. Click here to read the example of the email that was sent.