Documents considered by the Committee on 18 June 2014 - European Scrutiny Committee Contents


7 Organ donation and transplantation

Committee's assessment Politically important
Committee's decision Cleared
Document details Commission Staff Working Document: mid-term review of the Action Plan on Organ Donation and Transplantation 2009-15
Legal base
Department Health

Summary and Committee's conclusions

7.1 During 2012, 4,000 patients within the European Union died while on a waiting list for an organ transplant. By the end of that year, 64,000 patients remained on a waiting list. The demand for organs continues to outstrip supply. In 2008, the Commission published an Action Plan covering the period 2009-15 which includes ten "priority actions" to help Member States increase the availability of organs for donation, enhance the efficiency and accessibility of transplant systems throughout the EU, and improve safety and quality. We reviewed the Action Plan early in 2011 and were told by the Government that steady progress had been made in implementing the priority actions. We noted that the exchange of information and best practice between Member States, particularly on ways to increase the number of organ donors, could produce tangible benefits and indicated that the mid-term review of the Action Plan, in 2012, would be a suitable opportunity to evaluate how effective it had been in increasing the supply of organs for donation and improving the quality and safety of organ donation and transplantation systems across the EU.

7.2 The Commission Staff Working Document sets out the findings of the mid-term review and identifies a small number of priority actions on which the EU and Member States should focus their efforts for the remaining two years of the Action Plan.

7.3 The Action Plan establishes a non-binding framework to encourage cooperation between Member States and promote the exchange of best practice. The outcome of the mid-term review indicates that good progress has been made, particularly in increasing the number and skills of transplant donor coordinators, developing living donor programmes, improving the monitoring of health outcomes, and adapting organisational models to reflect best practice. During the period covered by the mid-term review, there has been a net increase in the number of organs available for transplant and the number of transplants performed, although rates of progress vary between Member States.

7.4 We endorse the Minister's positive assessment of the Action Plan and consider that the emphasis placed on the sharing of expertise, within a structured framework, has yielded tangible benefits. We note, for example, that the UK is one of several Member States with effective living donor programmes working together to create a "toolbox" to support the development of similar programmes in other Member States. We look forward to examining the final evaluation of the Action Plan, once it has expired at the end of 2015, as well as any successor programme. Meanwhile, we are content to clear the Commission Staff Working Document from scrutiny.

Full details of the documents: Commission Staff Working Document on the mid-term review of the Action Plan on Organ Donation and Transplantation (2009-2015): Strengthened Cooperation between Member States: (36031), 9258/14, SWD(14) 147.

Background

7.5 The EU has a limited competence to act in the field of public health and, in most cases, the scope for EU action extends only to encouraging cooperation between Member States, including initiatives concerning "the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation". The EU may, however, adopt legislative measures "setting high standards of quality and safety" for human organs "in order to meet common safety concerns". These measures must not affect national provisions on the donation or medical use of organs.[27]

7.6 In 2007, the Commission published a Communication on organ donation and transplantation which suggested ways in which the EU and Member States might increase the supply of organs and improve the quality and safety of transplantation.[28] The Commission advocated the preparation of an Action Plan to encourage coordination and cooperation, as well as EU legislation to establish basic principles of safety and quality.

7.7 A further Communication published in December 2008 set out an Action Plan to strengthen cooperation between Member States in addressing three main challenges:

·  increasing the number and availability of organ donors;

·  making systems for the transplantation of organs more efficient and accessible; and

·  improving the quality and safety of organ donation and transplantation.

7.8 At the same time, the Commission proposed a Directive establishing rules to ensure high standards of quality and safety for human organs intended for transplantation. The Commission considered that common EU-wide standards were necessary to protect donors and recipients from infection, increase trust in the systems for donation and transplantation and facilitate the cross-border exchange of organs. The Directive was adopted in July 2010 and Member States were required to implement its provisions by the end of August 2012.

7.9 In December 2012, the Health Council adopted a set of Conclusions on organ donation and transplantation which welcomed the progress made in implementing the Action Plan, identified the common challenges facing Member States, and highlighted the areas in which they should focus their efforts with a view to increasing organ availability, enhancing the efficiency and accessibility of transplant systems, and improving quality and safety.[29]

Previous scrutiny of the Action Plan

7.10 The Action Plan spans a six-year period from 2009-15 and identifies ten "priority actions" which provide a framework for action at EU and national level, supported by funding from the EU's Health and Research Framework Programmes. The Government told us that steady progress had been made during the first two years of the Action Plan in developing a common set of indicators covering various aspects of donation and transplantation which would provide the basis for monitoring progress across Member States, sharing good practice and identifying possible improvements. The Government expected future work to focus on three work streams: encouraging and supporting organ donation by living donors; increasing rates of organ donation through collaboration between emergency medicine, intensive care and donor transplant coordinators; and extending the criteria for organ donation (for example, to include older donors).

7.11 We noted the progress made and considered that the mid-term review of the Action Plan, in 2012, would provide a suitable opportunity to evaluate whether the ten priority actions were adequate to meet the challenges of increasing the supply of organs and improving the quality and safety of organ donation and transplantation across the EU.

The mid-term review of the Action Plan

7.12 The Commission Staff Working Document reviews progress made against each of the ten priority actions during the period 2009-2012 and identifies areas in which the EU and Member States should seek to focus their efforts until the expiry of the Action Plan at the end of 2015. The review is based on information provided by national authorities and a study commissioned from an external contractor evaluating the relevance and impact of the Action Plan.

7.13 In the following paragraphs, we summarise the Commission's assessment of progress made against each priority action and conclude with its analysis of the overall impact of the Action Plan and the areas in which EU support and funding should be concentrated for the remaining two years.

Priority action 1: promoting the role of transplant donor coordinators in every hospital where there is potential for organ donation

7.14 The Commission highlights the essential role of transplant donor coordinators in increasing donation rates and the quality and safety of organs for transplantation, as well as the support provided at EU level for the establishment of transplant coordination systems, training, and enhanced cooperation between transplant donor coordinators and intensive care units. It suggests that the role of transplant donor coordinators has been widely recognised and promoted by Member States and that these efforts should be continued for the remaining period of the Action Plan, but with the emphasis placed on national roll-out rather than new EU-funded projects.

Priority action 2: promoting Quality Improvement Programmes in every hospital where there is potential for organ donation

7.15 Quality improvement programmes are based on methodologies and indicators to measure and evaluate the quality of all elements of the organ donation and transplantation process. The EU has supported a variety of projects to assist Member States in developing national programmes and to test quality criteria and indicators at hospital level. Whilst most Member States have started to develop their own quality improvement programmes, their coverage remains patchy. The Commission therefore recommends focussing more efforts on this priority action in 2014-15.

Priority action 3: exchange of best practice on organ donation by living donors and the development of registers for living donors

7.16 This priority action seeks to increase the number of living donors — in 2012, 21% of kidney transplants were from living donors, compared with 16.9% in 2007. Nearly all Member States have living donation programmes. A number of EU-funded projects have developed tools to enable Member States to evaluate and select suitable living donors and to ensure that health outcomes are monitored. The Commission suggests that EU support for the remaining period of the Action Plan should focus on the development of registers to record information on living donors and ensure long-term follow-up.

Priority action 4: improving the knowledge and communication skills of health professionals and patient support groups

7.17 Public awareness of the opportunities for living and deceased organ donation is essential to increase the availability of organs for transplant. The EU has supported projects to improve the communications skills of donor transplant coordinators and other health professionals and to raise public awareness of organ donation. The Commission considers that there is scope for improvement, including through the use of social media, and suggests that existing efforts at EU and national level should be developed further.

Priority action 5: facilitating the identification of organ donors across the EU and cross-border organ donation

7.18 There are significant variations in the laws and practices governing organ donation across the EU, particularly in determining who may be a donor, how donor consent should be given, and what role the next-of-kin play. The EU has funded projects to facilitate mutual understanding of different legal requirements and national consent systems with a view to facilitating cooperation between Member States and cross-border organ donation. The Commission says it will consider the feasibility of establishing national contact points in each Member State to strengthen cooperation and help identify potential donors.

Priority action 6: enhancing organisational models of organ donation and transplantation

7.19 Different donation and transplantation models co-exist across the European Union, often harbouring examples of expertise and excellence in particular aspects of the organ donation and transplantation process. This priority action seeks to encourage the exchange of best practice, through twinning projects and peer reviews, so that Member States are able to adapt their organisational models to achieve better outcomes. The Commission considers that EU-funded projects have had a positive impact on organ transplant activities and proposes to continue existing efforts on this priority action.

Priority action 7: promoting EU-wide agreements on aspects of transplantation

7.20 This priority action covers patient mobility and transplantation, other aspects of transplant medicine (including the treatment of non-EU patients), monitoring of organ trafficking, and research strategies. The Commission notes that no data are available on the number of patients who receive transplants in another Member State, and that data on trafficking for the purposes of organ removal are limited. No EU-wide agreements have been concluded, and the Commission accepts that the scope and meaning of this priority action are too broad to provide meaningful policy direction. It nevertheless highlights agreements between smaller clusters of Member States, as well as EU-funded projects to support the exchange of organs, establish indicators and guidance to identify trafficking activities, and collaborate on innovative research. The Commission expects existing projects to continue, but does not envisage this priority action becoming a major focus at EU level for the remainder of the Action Plan.

Priority action 8: facilitating the exchange of organs between national authorities

7.21 The purpose of this priority action is to optimise the use of organs by facilitating organ exchange agreements between Member States, drawing on the experience of established organ exchange organisations such as Eurotransplant and Scandiatransplant. The EU has funded research to develop an IT platform for the exchange of organs that cannot be allocated in their country of origin, as well as procedures to offer organs across borders in cases of urgent need or for difficult-to-treat patients. The Commission considers that this priority action should be an important focus for the period 2014-15.

Priority action 9: improving the evaluation of post-transplant results

7.22 The Commission underlines the importance of post-transplant follow-up to evaluate the results of transplantations (including any risks associated with the use of organs from so-called 'expanded criteria' donors — those who are older than 60 or have a specific disease) and to promote good medical practice. The EU has funded projects to assess the safety of transplanted organs from these higher risk donors and to develop registries recoding information on pre- and post-transplant outcomes. However, not all of the information collected is comparable across Member States. The Commission highlights work underway to develop a common methodology and says it will consider the feasibility of establishing a European register of national registries.

Priority action 10: promoting a common accreditation system for organ donation and transplantation programmes

7.23 There are significant differences in the accreditation systems already in place in Member States, often reflecting differences in educational and health systems. Little progress has been made in developing a common accreditation system and the Commission suggest that this should not be a priority for 2014-15. Instead, it advocates a broader "mapping" exercise to enable Member States to identify the various tools available for training, certification, evaluation and audit.

The Commission's analysis of the impact of the Action Plan

7.24 The Commission concludes that Member States have made good progress in implementing the Action Plan, adding that the total number of organ transplants in the EU increased from just over 28,000 in 2007 to more than 30,000 in 2012. It suggests that the Action Plan has:

·  provided a comprehensive framework enabling each Member State to proceed at its own pace and to take account of its own national situation;

·  "leveraged" the expertise available in some Member States to share knowledge of different aspects of transplant medicine and disseminate best practice more widely; and

·  provided a focus for support and funding at EU level.

7.25 Whilst Member States are expected to continue to implement the Action Plan for the remaining two-year period to the end of 2015, the Commission says it will focus its efforts on two priority actions which have demonstrable "EU added value" and "strong potential to support Member States in tackling organ shortages". These are:

·  support for living donation programmes, including through the development of registries recording information on long-term follow-up; and

·  support for the exchange of organs across borders through the use of a dedicated IT tool and the development of procedures for urgent cases or difficult-to-treat patients.

7.26 The Commission will continue to support other priority actions, but anticipates that most activity will be undertaken at national rather than EU level.

The Minister's Explanatory Memorandum of 4 June 2014

7.27 The Parliamentary Under-Secretary for Public Health (Jane Ellison) notes that the UK is a member of the Commission's technical working group overseeing implementation of the Action Plan and accepts that there is a role for the EU in establishing a clear framework for standards governing the safety and quality of organs donated for transplantation. She welcomes the opportunity to work with the Commission to:

"develop a framework for the sharing of expertise among EU Member States and for cooperation between countries designed to help maximise organ donation and to promote greater access to transplantation. The approach has highlighted the benefits of identification and development of common objectives; quantitative and qualitative indicators and benchmarks; regular reporting; and identification and sharing of best practices."

7.28 She continues:

"The severe shortage of organs donated for transplant remains the main challenge that all EU Member States face. Across the European Union, the number of people requiring a transplant is far greater than the number of organs available for transplant and in no Member State is there a surplus of donations. Clearly there are potential benefits of a pan-Europe approach to increasing donor rates and optimising safe, high quality organs, for transplantation that need to be considered."

7.29 The Minister considers that collaborative work with the Commission and other Member States has helped to:

"raise the profile of organ donation across Europe and to build on existing partnerships to identify appropriate strategies and strengthen donation frameworks to enable more people to benefit from a transplant. Over the years, the UK has actively contributed to ongoing work to increase donation rates across Europe, all of which have proved helpful in developing donation programmes in Member States."

7.30 The Minister notes that NHS Blood and Transplant has received funding to lead a project across 17 Member States to strengthen the interface between intensive care and organ donation and to increase donation and transplant rates. She continues:

"Over the past few years, steps have been taken in the UK to emulate the best transplant programmes in the world, by implementing changes and reflecting best practice. This has resulted in the number of donated organs being some 60% higher than donation rates in 2008. This has been achieved by the implementation of the Organ Donation Taskforce recommendations published in 2008 to strengthen the donation infrastructure including increasing the number of specialist nurses for organ donation and an increase in referral of potential organ donors."

7.31 The Minister recognises that "there is much more to do", adding:

"NHS Blood and Transplant published their new strategy, Taking Organ Transplantation to 2020, on 11 July 2013. To produce the best strategy possible they undertook a comprehensive engagement exercise, including a series of meetings with international experts on transplantation as well as donor families, transplant recipients, those waiting on the transplant list, religious and community leaders and the general public. The strategy builds on the successes of the last few years, but also seeks to address the barriers that remain in place and calls for a revolution in public attitudes and behaviours. The aim, by the end of 2020, is for the UK to be one of the best in the world."

Previous Committee Reports

None; but see: Thirteenth Report HC 428-xii (2010-11), chapter 15 (12 January 2011) is relevant.





27   Article 168 TFEU. Back

28   (28686) 9834/07: see Twenty-seventh Report HC 41-xxvii (2006-07), chapter 6 (27 June 2007). Back

29   See http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/lsa/134095.pdf Back


 
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