EU Council Introduces New Regulations for Healthcare Substances

Giuseppe de vita

Brussels (Brussels Morning) – The European Council has enacted new regulations to bolster safety and quality standards for blood, tissues, and cells in healthcare, promoting cross-border circulation within the EU while ensuring donor and recipient protection.

The European Council has assumed new rules aimed at enhancing the safety and quality of blood, tissues and cells employed in healthcare and facilitating cross-border circulation of these substances in the EU.

How does the regulation impact substances of human origin?

According to the Press of the European Council, the regulation of substances of human origin (SoHO) will ensure adequate protection for donors and recipients, as well as for minors born following medically assisted reproduction. The new regulations aim to strengthen the current legal framework while also increasing flexibility in order to keep up with scientific and technological developments. Under the new law, member states may decide to apply stricter standards to protect their citizens.

What additions are made to the scope of SoHO?

European Council states that the text adopted widens the scope of SoHO to include human breast milk and intestinal microbiota. It also seeks to future-proof the EU’s legislation by involving other SoHO that may involve humans in the future and by letting more flexible future updates. The regulation covers a broad range of activities from enrollment and testing of donors, collection and processing to human application and clinical development monitoring of substances of human origin.

How does the regulation enhance safety and harmonization?

As reported by the Press in addition to enhancing quality and safety, the regulation aims to improve harmonisation and facilitate cross-border exchanges and access to SoHO, including by forming an EU-level SoHO coordination board, introducing common EU-wide procedures and additional authorisation and inspection requirements.

Under the new law, donations of SoHO should be voluntary and owed as a matter of principle, and donors must not be equipped with financial incentives to donate. Living donors may obtain compensation or reimbursement as suitable in line with national legislation.

How does the regulation address potential threats and shortages?

The regulation also supplies a rapid alert system to manage serious incidents or reactions that are likely to pose a threat to recipients or donors. Member states should also make proper efforts to ensure the sufficient, fair and resilient supply of critical SoHO in their nations, including by drawing up national emergency procedures, including measures to respond to critical shortages.

Why were existing directives evaluated and updated?

The existing directives on blood, tissues and cells were assumed in response to the transmission of communicable illnesses in the 1980s and 1990s. Their recent evaluation revealed that patients, donors and children born from donated eggs, sperm or embryos were not fully shielded from avoidable hazards, as the current framework is not up to date with scientific evolution. Moreover, member states have been involving different oversight systems. This has hindered the cross-border exchange of blood, tissues and cells and has not advanced innovation in this sector.

On 19 July 2022, the European Commission submitted a proposal for a regulation on standards of quality and protection for substances of human origin planned for human application. The proposal produces lessons learnt, including from the recent COVID-19 pandemic. It handles the risk of disease transmission by blood, tissues and cells and the requirement for sufficiency of supply.

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Giuseppe De Vita is a journalist at Brussels Morning News, He is covering European politics, Law and Technology news. Lawyer at De Vita & Partners Law Firm specializing in Criminal Law, Military and Space Law, and Cyber Security. In April 2023, he authored the monograph "Governance in Extraterrestrial Space", showcasing his extensive legal expertise. He has acquired vast experience in handling criminal and civil matters, managing litigation before various levels of jurisdiction across the national territory. In 2010, he obtained a Master's degree in Information Technology Law. Additionally, in the same year, he served as a teacher in criminal-IT subjects at the Penitentiary Police School of Portici, providing courses aimed at officials and managers of the Penitentiary Police and the Penitentiary Administration, focusing on IT security. He also serves as a Workplace Safety teacher, conducting training courses at various organizations and educational institutions. Moreover, he is a lecturer on Anti-Corruption and Transparency. The law firm, under his guidance, assists both private and corporate clients in court, accumulating significant experience in criminal and civil disputes over the years. Furthermore, it conducts Risk Management and Compliance, Cyber Resilience, and Cyber Security activities, with a specific focus on privacy protection (EU Regulation 2016/679 - GDPR). Giuseppe frequently publishes articles in legal journals, analyzing various regulatory issues. He has contributed articles to the legal journal Altalex, of which he is also a member of the Scientific Committee.
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