An international convention to make trafficking in human organs a criminal offence was adopted Wednesday by the Council of Europe's (CoE) Committee of Ministers.

The Convention calls on member state governments to establish as a criminal offence the "illegal removal of human organs from living or deceased donors" in a number of circumstances.

These include where the removal is performed without "the free, informed and specific consent" of the living or deceased donor. It also calls for national laws against the sale of organs either by living donors, or even third parties in cases where the organs are from someone who has died.

Despite a rise in the number and quality of transplants, more than 60,000 people in Europe were waiting for a kidney transplant in 2012, the CoE said in a statement. Every day 12 people on waiting lists die because of the lack of available organs, creating a ready market for unscrupulous surgeons and organ traffickers, and even for 'transplant tourism', where an organ buyer travels to the country of the seller.

Trafficking often involves mafia groups who profit from the shortage of organs and disparities of wealth between rich and developing nations to persuade poor people to sell their organs, it added. The World Health Organisation estimates that around 10,000 clandestine transplants are performed each year worldwide.

The CoE said the convention could also apply to non-member states willing to sign up to the rules. Spain has offered to host the opening for signature by the beginning of 2015.

Backing by the Committee of Ministers is important as it is one of the most powerful bodies within the CoE, grouping together the foreign affairs ministers of all the member states.

But the convention leaves it open for states to decide whether to prosecute organ donors. A number of countries have indicated that they would not, under any circumstances, prosecute an organ donor for committing an offence. Other states have said that donors could under their domestic law also be considered as having participated in, or even instigated, the trafficking.

However, the surgeon carrying out the removal or implantation will always be covered by the criminalisation obligation, the CoE added.

The convention also calls for each country to ensure that there is a transparent domestic system for organ transplants. It says transparency is important because it reduces the risk of illicitly-removed organs being introduced into the legitimate domestic transplant system.

Patients must also be guaranteed equitable access to a transplant so that no individual is given priority consideration, for example, because of their social class.