EXPLANATORY MEMORANDUM

1.CONTEXT OF THE RECOMMENDATION

•Reasons for and objectives of the recommendation

Multilateral cooperation is essential to fighting pandemics that by definition know no borders and require collective action. The COVID-19 pandemic has however brought to light the persistent vulnerabilities of the international health system and of global cooperation.

Before the COVID-19 pandemic, the reviews and evaluations following the Severe Acute Respiratory Syndrome (SARS-CoV), the H1N1 influenza pandemics and the Ebola outbreak in West Africa had already highlighted shortcomings in the global capacity to prepare for and respond to outbreaks, and have made numerous and specific recommendations to address these shortcomings. To some extent, those recommendations have resulted in important improvements, such as the revision in 2005 of the International Health Regulations (IHR) and the establishment in 2016, after the Ebola outbreak, of the World Health Organization (WHO) Health Emergencies Programme and of the Independent Oversight and Advisory Committee for the WHO Health Emergencies Programme (IOAC).

In the light of the enormous challenges posed by the COVID-19 pandemic, the need to be better prepared at global level to predict, prevent, detect, assess and effectively respond to pandemics has however become clear. Based on its mandate, WHO has a central role to play in this process, as the leading and coordinating authority in addressing global health challenges, including preparedness for, prevention and detection of, and response to outbreaks.

In the course of the past months, several independent review committees and panels have pointed to the urgent need for a stronger international regime to confront pandemics, as well as for the strengthening of the independence, authority and financing of WHO. This creates a unique momentum to reinforce global health security in light of lessons learnt from the COVID-19 pandemic.

Since the outbreak of the COVID-19 pandemic, the European Union has made a major contribution to the global pandemic response. The Union has been a driving force in supporting the leadership role of WHO and advancing the WHO reform process. The Union’s role in strengthening WHO has been reflected in various documents, including Council Conclusions of November 2020 and a Statement of the Members of the European Council in February 2021.

In this vein, the Union and its Member States, for the second year in a row, spearheaded a resolution at the 74th session of the World Health Assembly in May 2021 to strengthen WHO preparedness and response to health emergencies. This resulted in the set-up of a Working Group of WHO Member States on strengthening WHO preparedness and response (hereafter referred to as “the WHO Member States Working Group”) to consider the findings and recommendations of the independent review committees and panels and to report to the World Health Assembly in May 2022.

In the run-up to the 74th session of the World Health Assembly, the Union and a broad-based group of supporting countries from all WHO regions have also pushed to establish a process towards an international treaty on pandemic preparedness and response. In March 2021, 25 Heads of State and Government from around the world joined the President of the European Council Charles Michel and the Director-General of the World Health Organisation, Dr. Tedros Adhanom Ghebreyesus, in an Op-ed calling for an international treaty on pandemics, drawing from the lessons learnt during the COVID-19 pandemic.

On 20 May 2021, the Council adopted the position to be taken on the Union’s behalf in the 74th session of the World Health Assembly. This Decision clearly set out the Union support for the establishment of a WHO process for a new Framework Convention on Pandemic Preparedness and Response. It also indicated that the Union must be allowed to participate in the negotiating process, in view of the Union’s possible accession to such a treaty. The Union’s commitment to working towards an international treaty on pandemics within the framework of WHO has also been reflected in the Statement of the members of the European Council of February 2021 and in the European Council Conclusions of June 2021.

On 21 May 2021, the European Commission and Italy, as chair of the G20, co-hosted the Global Health Summit, where the leaders of G20 and other States, in the presence of the heads of international and regional organisations, adopted the “Rome Declaration”. The principles set out in this declaration provide common guidance for the prevention and preparation to future pandemics and are of particular relevance in view of the discussions on an international treaty on pandemics.

At the World Health Assembly in May 2021, the Union together with the Group of Friends (the co-signatories of the Op-ed) worked to establish a negotiating mandate for an international treaty on pandemics. This could not be achieved due to lack of consensus. As a way forward, the World Health Assembly adopted a decision asking the WHO Member States Working Group to consider the potential benefits of developing a WHO convention, agreement or other international instrument on pandemic preparedness and response. It was also decided to convene a special session of the World Health Assembly from 29 November to 1 December 2021 devoted to this issue and with a view to starting the formal negotiation process immediately thereafter.

The WHO Member States Working Group held five meetings between July and November 2021, as well as several intersessional meetings.

In the course of the discussions, the number of countries speaking in favour of an international treaty has increased. Based on the discussions held in the WHO Member States Working Group and as stated in its report adopted on 15 November, a number of potential benefits of a new instrument for strengthening pandemic preparedness and response have been identified, including: