OpenLegislation

Article 1 Derogations to certain eligibility criteria for donors

United Kingdom

Original text. Later amendments are not shown.

1.

Member States confronted with a serious risk of shortage or an actual shortage in the supply of blood and blood components directly due to the A(H1N1) Influenza pandemic, may, on a temporary basis:

(a)

by way of derogation from point 1.2 of Annex III to Directive 2004/33/EC, reduce the minimum haemoglobin levels in donors blood to no less than 120 g/l for females and 130 g/l for males;

and/or

(b)

by way of derogation from point 2.2.1 of Annex III to Directive 2004/33/EC, apply a deferral period of no less than 7 days after cessation of symptoms of a flu-like illness.

2.

The implementation of the derogations referred to in paragraph 1 shall be subject to the following conditions:

(a)

the Member State concerned shall inform the Commission without delay of the measures it intends to take or has taken pursuant to paragraph 1;

(b)

the Member State shall communicate to the Commission justifications as to the necessity of those measures, notably as to the extent of the risk of shortage, or of the actual shortage, of blood and blood components, including a description of the criteria and methodology used to assess that necessity;

(c)

as soon as, according to the same criteria and methodology referred to in point (b), the supply of blood and blood components comes back to a sufficient level, the Member State concerned shall terminate the implementation of the temporary derogations referred to in paragraph 1 and inform the Commission thereof.