During recent years there have been societal debates and legal cases involving the deferral criteria for blood donors that have been incorporated into common European law, especially Directive2004/33/EC Annex III point 2.1. This article regulates permanent deferral for blood donors with sexual behaviours that put persons at high risk of acquiring severe infectious diseases that can be transmitted by blood. The article is further elaborated in the Council of Europe Recommendation1995 (15), the Guide to the preparation, use and quality assurance of blood components, currently in its 16th edition.