COMMON POSITION (EC) No 36/98 adopted by the Council on 30 April 1998 with a view to adopting Decision No . . ./98/EC of the European Parliament and of the Council adopting a programme of Community action on pollution-related diseases in the context of the framework for action in the field of public health (1999 to 2001) (98/C 227/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 129 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Having regard to the opinion of the Committee of the Regions (3),

Acting in accordance with the procedure laid down in Article 189b of the Treaty (4),

1. Whereas pollution-related diseases are growing in importance throughout the Community and raising public concern;

2. Whereas, in accordance with Article 3(o) of the Treaty, Community activities are to include a contribution to the attainment of a high level of health protection;

3. Whereas Article 129 of the Treaty expressly provides for Community competence in this field, insofar as the Community contributes by encouraging cooperation between the Member States and, if necessary, lending support to their action, promoting coordination of their policies and programmes, and fostering cooperation with third countries and the competent international organisations in the sphere of public health; whereas Community action should be directed towards the prevention of diseases, and the promotion of health education and information;

4. Whereas, by helping to improve knowledge and understanding of pollution-related diseases, their association with pollutants and their prevention and to attain a wider dissemination of information about these matters, by ensuring improved comparability of information on these subjects and by developing actions complementary to existing Community programmes and actions, while avoiding unnecessary duplication, the programme will contribute to the achievement of the Community objectives set out in Article 129 of the Treaty;

5. Whereas Article 130r of the Treaty provides that Community policy on the environment shall contribute to protecting human health;

6. Whereas the prevention of pollution-related diseases has to include not only measures aimed at the sources and concentrations of pollutants and on limiting exposure, but also public health actions directed at the public to enable individuals to reduce exposure and mitigate adverse effects on health and whereas data on health effects and on exposure should be collected in parallel with data on concentrations of air pollutants;

7. Whereas, in their resolution of 11 November 1991 on health and the environment (5), the Council and the Ministers for Health, meeting within the Council, invited the Commission, in close cooperation with the competent authorities of the Member States, to take stock of the knowledge and experience available in the Member States, the Community and international organisations regarding the relationship between health and the environment;

8. Whereas pollution-related diseases were identified as a priority area for Community action in the Commission's communication of 24 November 1993 on the framework for action in the field of public health;

9. Whereas in its resolution of 16 January 1996 on the medium-term social action programme 1995-1997 (6) the European Parliament asked the Commission to present, under the proper procedures, the action programme on pollution-related diseases provided for in that communication;

10. Whereas, in accordance with the principle of subsidiarity, action on matters which do not fall within the exclusive competence of the Community, such as action on pollution-related diseases, should be undertaken by the Community only if and insofar as, by reason of its scale or effects, its objectives can be better achieved by the Community;

11. Whereas the proposed measures in the programme will yield Community added-value by bringing together activities already undertaken in relative isolation at national level and by complementing one another with significant results for the Community as a whole, by contributing to the strengthening of solidarity and cohesion in the Community and by leading, where the need is recognised, to the establishment of best-practice norms and standards;

12. Whereas cooperation with international organisations competent in the sphere of public health and with third countries should be fostered;

13. Whereas a modus vivendi (7) between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the Treaty was reached on 20 December 1994;

14. Whereas this Decision lays down, for the entire duration of this programme, a financial framework constituting the principal point of reference, within the meaning of point 1 of the Declaration by the European Parliament, the Council and the Commission of 6 March 1995 (8), for the budgetary authority during the annual budgetary procedure;

15. Whereas, in order to increase the value and impact of the programme, there should be monitoring and continuous evaluation of the actions undertaken with particular regard to their effectiveness and the achievement of the objectives set;

16. Whereas this programme should last three years in order to help to develop policies and strategies in this field and to take into account any developments that may take place in the general context of the Community framework for action in the field of public health;

17. Whereas it is appropriate to provide for light comitology arrangements for this programme which are appropriate to its limited duration and developmental nature,

HAVE DECIDED AS FOLLOWS:

Article 1 Duration and general objective of the programme

1. A programme of Community action against diseases which are caused, triggered or aggravated by environmental pollution, hereinafter referred to as 'this programme`, is hereby adopted for the period from 1 January 1999 to 31 December 2001 in the context of the framework for action in the field of public health.

2. The general objective of this programme is to help to develop policies and strategies, in the field of health and the environment, focusing on the prevention of pollution-related diseases, by:

(a) improving information on pollution-related diseases; and

(b) improving understanding about the perception, assessment and management of these diseases and the effectiveness of preventive actions.

3. The actions to be implemented under this programme and their specific objectives are set out in the Annex.

Article 2 Implementation

1. The Commission shall ensure implementation of the actions set out in the Annex in close cooperation with the Member States, in accordance with Article 5.

2. The Commission shall cooperate with institutions and organisations active in the field of pollution-related diseases.

Article 3 Consistency and complementarity

The Commission shall ensure that there is consistency and complementarity between the actions to be implemented under this programme and those implemented under other relevant Community programmes and actions, in particular the programme of Community action on health monitoring within the framework for action in the field of public health (1997 to 2001) adopted by Decision No 1400/97/EC of the European Parliament and of the Council (9) and actions in the environmental and research fields.

Article 4 Budget

1. The financial framework for the implementation of this programme for the period referred to in Article 1 is hereby set at ECU 3,9 million.

2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

Article 5 Committee

1. The Commission shall be assisted by a committee of an advisory nature, composed of the representatives of the Member States and chaired by a representative of the Commission.

2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken concerning, in particular:

(a) the work programme;

(b) the criteria and procedures for selecting and financing projects under this programme;

(c) the procedure for monitoring and continuous evaluation as referred to in Article 7.

The Committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee on the manner in which its opinion has been taken into account.

3. The representative of the Commission shall keep the Committee regularly informed about the Commission proposals or Community initiatives and the implementation of programmes in other policy areas which are relevant to the achievement of the objectives of this programme.

Article 6 International cooperation

1. Subject to Article 228 of the Treaty, in the course of implementing this programme, cooperation with third countries and with international organisations competent in the sphere of public health shall be encouraged and implemented as regards the actions covered by this programme in accordance with the procedure laid down in Article 5.

2. This programme shall be open to participation by the associated countries of central Europe, in accordance with the conditions laid down in the Association Agreements or Additional Protocols relating thereto concerning participation in Community programmes.

This programme shall be open to participation by Cyprus and Malta on the basis of additional appropriations in accordance with the same rules as those applied to the countries of the European Free Trade Association (EFTA), in accordance with procedures to be agreed with those two countries.

Article 7 Monitoring and evaluation

1. In the implementation of this Decision, the Commission shall take the necessary measures to ensure the monitoring and continuous evaluation of this programme, taking account of the general and specific objectives referred to in Article 1 and in the Annex.

2. In the third year of operation of this programme, the Commission shall submit an evaluation report to the European Parliament and to the Council. This report shall also be submitted to the Economic and Social Committee and the Committee of the Regions.

3. The Commission shall incorporate in this report information on Community financing in the various fields of action and on complementarity with the other actions referred to in Article 3, as well as the results of the evaluation referred to in paragraph 1 of this Article. The report should also address developments within the framework for Community action in the field of public health, with regard to the field of action covered by this programme.

Done at . . .

For the European Parliament

The President

For the Council

The President

(1) OJ C 214, 16.7.1997, p. 7.

(2) OJ C 19, 21.1.1998, p. 6.

(3) OJ C 64, 27.2.1998, p. 91.

(4) Opinion of the European Parliament of 11 March 1998 (not yet published in the Official Journal), Council common position of 30 April 1998 and Decision of the European Parliament of . . . (not yet published in the Official Journal).

(5) OJ C 304, 23.11.1991, p. 6.

(6) OJ C 32, 5.2.1996, p. 24.

(7) OJ C 102, 4.4.1996, p. 1.

(8) OJ C 102, 4.4.1996, p. 4.

(9) OJ L 193, 22.7.1997, p. 1.

ANNEX

ACTIONS AND SPECIFIC OBJECTIVES

I. ACTIONS TO IMPROVE INFORMATION ON POLLUTION-RELATED DISEASES

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1. Establishing priorities for the identification of those diseases in which specific pollutants are thought to play a role, inter alia by comparing the prevalence and/or incidence of such diseases with data on environmental factors in the different parts of the Community in order to establish any relationship between them.

2. Examining the quality of epidemiological data for these diseases and identifying where data are lacking.

3. Reviewing data currently available on the toxicology of pollutants involved in these diseases and identifying gaps in knowledge which it would be important to address, taking into account long-term effects and possible synergies between pollutants.

II. ACTIONS TO IMPROVE UNDERSTANDING ABOUT THE PERCEPTION, ASSESSMENT AND MANAGEMENT OF THESE DISEASES AND THE EFFECTIVENESS OF PREVENTIVE ACTIONS

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1. Contributing to improve the comparability of data used in preventive actions against pollution-related diseases, through exchanges of information.

2. Promoting actions and exchanges of information on the methods of increasing the level of knowledge of the general public and opinion-formers about pollution-related risks to health, their assessment and management; promoting work on the public perceptions of pollution-related risks to health throughout the Community and of the impact on pollution and health of the various policies.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 4 June 1997 the Commission submitted a proposal for a Decision of the European Parliament and of the Council adopting a programme of Community action (1999-2003) on pollution-related diseases in the context of the framework for action in the field of public health, based on Article 129 of the EC Treaty (1).

2. The European Parliament delivered its opinion on 11 March 1998.

The Economic and Social Committee and the Committee of the Regions delivered their opinions on 29 October 1997 (2) and 19 November 1997 (3) respectively.

3. In the light of these opinions, on 16 April 1998 the Commission forwarded an amended proposal in accordance with Article 189a(2) of the Treaty.

4. On 30 April 1998 the Council adopted its common position in accordance with Article 189b of the Treaty.

II. OBJECTIVE

The proposal relates to a programme on pollution-related diseases identified by the Commission in its 1993 communication as a priority area for Community action.

The aim of the proposed programme, which is planned for a five-year period, is to help ensure a high level of protection against pollution-related diseases by improving knowledge and understanding of the health risks associated with pollution and of how to deal with them, in particular as regards asthma and other respiratory diseases and allergies.

To implement the objective, the proposal provides for six actions under the following headings:

1. actions on improvement of information on pollution-related diseases;

2. risk perception and risk management with respect to pollution-related diseases;

3. respiratory diseases and allergies.

III. ANALYSIS OF THE COMMON POSITION

1. Amendments made to the Commission proposal

General comment

The main amendments made by the Council to the Commission proposal are essentially motivated by the desire to concentrate efforts on certain key activities which will begin action in this area without prejudging the future development of action in the field of public health and the definition of a new framework for it.

Duration of the programme (title of the programme, recital 16, Article 1)

The Council is fully aware of the importance of the subject of pollution-related illnesses; it believes that prevention of such illnesses will be a major concern in future and consequently deserves consideration in a wider context and on a broader basis.

In the light of these considerations, the Council agreed to set a three-year period for implementation of the programme, which will help to develop policies and strategies in this field and to take into account any developments that may take place in the general context of the Community framework for action in the field of public health.

Scope of the programme (Article 1 and Annex)

Because of the limited funding earmarked for implementation of the programme and in keeping with the philosophy underlying its common position, the Council felt it appropriate to restructure and concentrate efforts on improving information on pollution-related illnesses and on improving understanding about the perception, assessment and management of these diseases and the effectiveness of preventive actions.

It therefore to a large extent reproduced the content or the essence of the actions proposed by the Commission under objectives I and II of its proposal. The Council also insisted on inserting an action on examining the quality of epidemiological data (Action 2).

Still with the aim of concentrating efforts at this stage, the Council cut out those aspects of the proposed actions which were more directly aimed at the general public.

Budget (Article 3)

The Commission proposed ECU 1,3 million for the first year of implementation of the programme, leaving it up to the budget authority to set the financial framework for the final four years after the future financial perspective had been established.

In the interests of budgetary clarity and taking account of budgetary constraints, the Council opted for funding of ECU 3,9 million for implementation of the programme, bearing in mind its proposed duration.

2. European Parliament amendments

(a) Amendments taken up by the Commission in its amended proposal

Of the 12 amendments adopted by the Parliament at first reading, the Commission was in favour of four: one was adopted in full (amendment 7) and three in part (amendments 3, 9 and 10).

(i) Amendments accepted by the Council

The Council incorporated the whole of amendment 7 into its common position (at the end of Action I 3) and, in connection with public perception of risks, amendment 10 (at the end of Action II 2).

(ii) Amendments not accepted by the Council

The Council was unable to endorse the Commission's approach as regards amendments 3 and 9. The Council felt that the limited scope and budget provided for would not leave any margin for work aimed at achieving a clear definition of the many diseases concerned or conducting campaigns addressed directly to the general public.

(b) Amendments not taken up by the Commission in its amended proposal

(i) The Council to a large extent endorsed the reasons which led the Commission not to adopt some of the Parliament's amendments, namely:

- amendments 1 and 2 referring to the Amsterdam Treaty, which is not yet ratified,

- amendment 13, which enlarges the scope of the proposed actions too much for the framework of the programme,

- amendment 5 relating to the budget, in which the funding proposed by the Parliament exceeds the possibilities under the current financial perspective,

- amendment 6, which refers to an across-the-board provision to be common to decisions already adopted in the area of public health.

(ii) As regards amendments 4, 11 and 12, generally speaking the Council shares the opinion which the Parliament expresses through them that it would be inappropriate at this stage to refer to specific illnesses. However, because of the deletion of Annex III, these amendments have become superfluous in the context of the common position.

IV. CONCLUSIONS

In substance the Council upheld the approach and the aims of the Commission proposal, while taking account of the specific situation of Community action in the field of public health at present, of budgetary factors and constraints and of the need to proceed by stages in this vast and complex area.

(1) OJ C 214, 16.7.1997, p. 7.

(2) OJ C 19, 21.1.1998, p. 6.

(3) OJ C 64, 27.2.1998, p. 91.