Key facts
- The directive was adopted by the Commission on 22 March 2004 to implement Directive 2002/98/EC, using points (b) to (g) of the second paragraph of its Article 29; Member States had to bring national law into line by 8 February 2005, and the directive entered into force on the twentieth day after publication.
- It has eleven articles and five annexes: definitions, donor information, information required from donors, eligibility of donors, storage and transport, quality and safety of components, autologous donation, validation, and transposition; Annex III holds the eligibility criteria for donors of whole blood and blood components.
- Article 4 puts the duty on blood establishments to ensure that donors of whole blood and blood components meet the Annex III criteria.
- The Annex III permanent deferral row for transmissible spongiform encephalopathies (the Creutzfeldt-Jakob disease group) covers three groups: people with a family history placing them at risk of developing a TSE, recipients of a corneal or dura mater graft, and people treated in the past with medicines made from human pituitary glands.
- The same row says that for variant CJD further precautionary measures may be recommended; it sets no UK-stay or country-based deferral itself.
- At EU level, receiving a blood transfusion, a tissue or cell transplant of human origin or a flexible endoscopy is a temporary deferral of 6 months (4 months with a negative hepatitis C NAT test), listed under exposure to transfusion-transmissible infection risk, not a permanent TSE deferral.
- Annex III also allows deferral consistent with the epidemiological situation for particular outbreaks (section 2.3).
- The directive was amended in Annex V by Implementing Directive 2011/38/EU (platelet pH values) and in Annex III by Directive 2014/110/EU (temporary deferral criteria including West Nile virus); neither amendment touched the TSE row as shown in the revised text.
- ECDC's current table of EU donor requirements cites Directive 2004/33/EC as the source of the TSE permanent deferral for both blood component donors and plasma for fractionation donors, with the same wording, and leaves the ECDC guideline column blank for those rows.
- Tissue and cell donors fall under a different act, Directive 2006/17/EC, whose prion exclusion is wider: it also covers people diagnosed with CJD or variant CJD, rapidly progressive dementia or degenerative neurological disease of unknown origin, scleral grafts and undocumented neurosurgery.
- The EMA CHMP reflection paper revision 3 of May 2024 cites these three permanent deferral criteria from Directive 2004/33/EC as the donor selection rules that remain in force, and changes neither them nor donor testing.
- France applies stricter national permanent exclusions on top of the EU list, including a cumulative UK stay of more than one year between 1980 and 1996, growth hormone treatment before 1989, brain or eye surgery before April 2001 and past transfusion, under a ministerial order of 11 January 2022.
- The French High Council for Public Health recommended on 24 October 2024 keeping the UK-stay and transfusion exclusions, pending new ECDC recommendations.
- Regulation (EU) 2024/1938 on substances of human origin was published in the Official Journal on 17 July 2024, entered into force on 6 August 2024 and applies from 7 August 2027, when it repeals Directives 2002/98/EC and 2004/23/EC.
- Until the SoHO regulation applies, the current blood and tissues directives and national transposing laws stay in force, per the European Blood Alliance.
- Under the SoHO regulation ECDC is the expert body for technical guidelines on communicable disease risk, which SoHO entities must take into account; the guidelines published or listed so far cover HIV (29 September 2025) and hepatitis B and C (1 June 2026), and the ECDC page does not mention prions or CJD.
- EDQM has two observers on the ECDC expert panel to avoid inconsistencies with its own guidance; the regulation text (recitals 49 and 50, Articles 27(6), 56(4)(a) and 59(4)(a)) treats following ECDC or EDQM technical guidelines as meeting its standards, with ECDC covering communicable disease transmission and EDQM other donor and recipient protection; the text never mentions prions, CJD or TSE.
- The EDQM Blood Guide 22nd edition is dated 21 May 2025 and, per search excerpts, includes donor selection changes on Creutzfeldt-Jakob disease and refers to Directives 2002/98/EC and 2004/23/EC as in force until 7 August 2027.
Timeline
- 2004Commission adopts Directive 2004/33/EC implementing the Blood Directive 2002/98/EC.
- 2005Transposition deadline for Member States.
- 2011Implementing Directive 2011/38/EU amends Annex V (platelet pH).
- 2014Directive 2014/110/EU amends the Annex III temporary deferral criteria.
- 2022French ministerial order sets national donor contraindications, including prion-related exclusions beyond the EU list.
- 2024EMA CHMP reflection paper revision 3 drops the UK-stay exclusion for plasma for fractionation and keeps the directive's TSE deferrals.
- 2024Regulation (EU) 2024/1938 on substances of human origin published in the Official Journal.
- 2024SoHO regulation enters into force.
- 2024French HCSP opinion keeps the UK-stay donor exclusion.
- 2025EDQM publishes the 22nd edition of the Blood Guide (search excerpt).
- 2025First ECDC technical guideline under the SoHO regulation (HIV) listed as published.
- 2027SoHO regulation applies and repeals Directive 2002/98/EC, the parent act of this directive.
Sources for this page
- Commission Directive 2004/33/EC of 22 March 2004 implementing Directive 2002/98/EC as regards certain technical requirements for blood and blood components, whole text (legislation.gov.uk copy of the EU text)
- Directive 2004/33/EC, Annex III eligibility criteria for donors (legislation.gov.uk, latest revised version)
- ECDC: Testing requirements and deferral or exclusion criteria for allogeneic donations (substances of human origin)
- EMA: CHMP Reflection paper on Creutzfeldt-Jakob disease and plasma-derived and urine-derived medicinal products, EMA/CHMP/BWP/303353/2010 Rev 3, dated 30 May 2024 (PDF, 35 pages)
- EMA: CHMP position statement on Creutzfeldt-Jakob disease and plasma-derived and urine-derived medicinal products, EMA/CHMP/BWP/303353/2010 (Revision 2), London, 23 June 2011 (PDF, 26 pages)
- Sante publique France: Quelles sont les contre-indications au don de sang ? (updated 8 December 2025)
- HCSP opinion page: Propositions de revision de criteres de selection au don du sang du fait de risques infectieux (dated 24 October 2024, online 5 December 2024)
- ECDC: Technical guidelines on substances of human origin (SoHO Regulation)
- European Parliament Legislative Observatory: summary of the final act, procedure 2022/0216(COD), Regulation (EU) 2024/1938 on standards of quality and safety for substances of human origin
- EDQM Blood Guide, 22nd edition (May 2025): EDQM news and Blood Guide pages, search result excerpts
- European Blood Alliance: SoHO Regulation Text (9 September 2024)
- Regulation (EU) 2024/1938 of the European Parliament and of the Council of 13 June 2024 on standards of quality and safety for substances of human origin intended for human application (32024R1938), full text as mirrored on lexaris.de