EuroBiobank (EBB) was created in 2001. This is a network of European biological banks made up by 7 member States. The purpose of the network is to ease the access to the biological resources of the human being in patients who suffer uncommon diseases. This study deals mainly with the ethical-legal debate that has arisen in those States, as well as the existing legal regulation and the proposed recommendations for its possible solution. Likewise, there is a special mention about the informed consent, the possible use in the future of the samples in relation to its commercial use as industrial property rights and to Directive 2004/03 that was adopted by the European Parliament 31 March, 2004.