© Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/157180910X531793 European Journal of Health Law 17 (2010) 427-431 brill.nl/ejhl Editorial Organ Transplantation and the Proposed Directive on Cross Border Care 1. Introduction In July 2008 the European Commission presented a proposal for a directive on the application of patients’ rights in cross border care. 1 It applies to the provision of ‘healthcare regardless of how it is organized, delivered and ﬁnanced’ (Article 2). ‘Healthcare’ is deﬁned as ‘a health service provided by or under the supervision of a health professional in exercise of his profession’ (Article 4). This is a broad deﬁ- nition that covers organ transplantation. In April 2009 the Committee on the Environment, Public Health and Food Safety of the European Parliament adopted the report of John Davies on this proposal. The report amended Article 2 as fol- lows: ‘The directive shall not apply to organ transplantation’. The newly added recital 9 a) states: ‘This directive shall not apply to organ transplantations. Due to their speciﬁc nature , 2 they will be regulated by a separate directive’. In December 2008 the European Commission presented a proposal for a direc- tive on standards of quality and safety of human
European Journal of Health Law – Brill
Published: Jan 1, 2010
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