Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-03-31-Speech-3-232"
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"en.20040331.8.3-232"2
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".
Madam President, ladies and gentlemen, I should first like to reiterate that the Commission will continue to monitor closely the cases that have been mentioned, relating to Mozambique and Albania, and to remain vigilant, in close cooperation with the embassies of Member States in both of those countries.
Secondly, I must point out that, from a legal point of view, Greece’s initiative during its presidency raises certain questions that require political debate. Our studies have shown that, in fact, the illegal trafficking of organs has not been criminalised in all Member States. The information at our disposal shows significant discrepancies in the appropriate classification of offences.
Thirdly, there is a certain complexity as regards the enforcement of criminal measures, given that, as we know, the beneficiaries of the transplants of illicitly obtained organs are, more often than not, European, although those transplants are carried out in third countries, which raises the question of criminal punishment based on the principle of the national territory in which the criminal act was committed. Consequently, these questions were raised during the presentation and the first debate of the Greek initiative for a framework decision applicable to the illegal trafficking of organs, and a study was carried out within the scope of the Falcone Programme, in order to identify what exactly were the fundamental questions that required legislative treatment at European level.
As you are aware, and as I have just mentioned, this was not a Commission initiative, and in some ways, the crux of this debate is the lack of continuity of Member States’ initiatives, which enjoy a certain momentum when the country concerned holds the presidency, but which have no guarantee of continuity thereafter. For our part, we have put together this study and today we are better equipped to identify, more comprehensively than the Greek initiative was able to, the key areas that must be the subject of any legislative intervention in this area."@en1
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