COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a Decision of the European Parliament and of the Council adopting a programme of Community action in the field of public health (2001-2006)

2000/0119 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a Decision of the European Parliament and of the Council adopting a programme of Community action in the field of public health (2001-2006)

1. background

- Adoption of the proposal by the Commission: COM(2000) 285 - 2000/0119 (COD): 3.5.2000 [1]

[1] OJ C 337 E of 28.11.2000, p. 122

- Proposal forwarded to Parliament and to the Council: 15.6.2000

- Opinion of the Economic and Social Committee: 29.11.2000 [2]

[2] OJ C 116 of 20.4.2001, p. 75

- Opinion of the Committee of the Regions: 13.12.2000 [3]

[3] OJ C 144 of 16.5.2001, p. 43

- Opinion of the European Parliament at first reading: 4.4.2001 [4]

[4] not yet published

- Date of the Commission's amended proposal: COM(2001) 302 of 1.6.2001

- Date of political agreement in the Council: 5.6.2001 (unanimity)

- Formal adoption of the common position by the Council: 31.7.2001

2. purpose of the commission proposal

The proposal is for a decision of the European Parliament and of the Council for a programme of Community action in the field of public health. This forms part of the European Community's Health Strategy, as set out in the Commission's communication of 16 May 2000 (COM(2000) 285 final). The proposed programme takes a horizontal and policy-driven approach.

It focuses on three strands of action:

(1) Improving health information and knowledge

A comprehensive health information system will be put in place to provide policy makers, health professionals and the general public the key health data and information that they need.

(2) Responding rapidly to health threats

An effective rapid response capability will be put in place to deal with threats to public health, for example, arising from communicable diseases.

(3) Addressing health determinants

The programme will help to improve the health status of the population and reduce premature deaths by tackling the underlying causes of ill health, through effective health promotion and disease prevention measures.

This communication is intended to inform the European Parliament of the Commission's opinion on the common position of the Council which was adopted on 31.7.2001. The Commission's amended proposal, taking account of the results of the European Parliament's first reading on 4 April 2001, was adopted on 1.6.2001.

3. comments by the commission on the common position

3.1. General remarks

The Commission notes with satisfaction that the Council has endorsed the general approach of the Commission's original proposal. It notes that the Council supports the three main priority areas proposed, namely health information, rapid reaction to health threats, and tackling health determinants.

It is concerned, however, about three key elements contained in the Council's position:

First, the Commission notes that a number of important aspects of the programme related to work on health systems which the Parliament has reinforced have not been taken up in the common position. This includes information and analysis on quality issues, the effectiveness of health interventions and guidelines.

Second, the Council has chosen to rewrite the text of the Commission's proposal completely. While this may have made the text more readable in places, the Commission is concerned that this has been at the expense both of restricting the possibilities for action and reducing the clarity of work to be undertaken.

Third, the Commission is disappointed that the Council has decided to reduce its proposal for funding of EUR 300 million to EUR 280 million. Reducing the budget to this extent may well mean that certain actions foreseen under the programme can not be properly implemented.

3.2. Consideration of the amendments proposed by Parliament at first reading

- Integrated in the Amended Proposal and incorporated in full or partly in the Common Position:

Amendments: 1, 2, 4, 5, 6, 7, 8, 9, 10, 12, 13, 15, 16, 17, 19, 20, 21, 23, 24, 25, 26, 27, 28, 30, 31, 32, 34, 35, 38, 40, 42, 43, 44, 45, 46, 47, 48, 49, 50, 52, 53, 54, 57, 58, 59, 60, 63, 64, 67, 68, 69, 70, 73, 74, 76, 78, 84, 90, 93, 95, 96, 98, 106 and 108.

- Integrated into the Amended proposal but not incorporated in the Common Position:

Amendments: 3, 14, 22, 29, 39, 51, 55, 56, 61, 75, 77, 79, 80, 81, 82, 87, 101, 103 and 107.

- Issues where the Commission's Amended Proposal differs from the Council's Common Position:

The fact that the common position represents a complete recast of the Commission's proposal makes exact comparisons between both texts difficult. In general, the text of the common position is more concise but less precise than the Commission's amended proposal, in particular as regards the description of actions to be undertaken.

The Commission regrets, however, that the Council decided not to accept a number of key amendments referring to work on developments in health systems. This concerns in particular the following amendments:

* Amendment 22, which refers to the role of the programme in contributing towards the definition of minimum quality standards;

* Amendment 55, which includes the promotion of patients' rights into the scope of the programme;

* Amendments 61, 80 and 82 which refer to the role of the programme in defining and determining best practice and on sound guidelines for health interventions.

The Commission maintains that the actions foreseen in this respect are fully in line with the Community's powers in public health and represent tangible added value. Furthermore, the Commission regrets that the Council has not taken up the proposals to launch work on a Community vaccination strategy in amendments 51, 56 and 87.

Moreover, the Commission notes that the Council proposes a wider range of tasks for the Programme Committee in 'management' mode compared to the list of tasks the Commission has set out in its amended proposal. In particular, the Council has added arrangements for the preparation of any structural arrangements for the co-ordination of health monitoring and rapid reaction to health threats, and the arrangements for transmitting and disseminating information and for rapid reaction to the list of tasks (Article 8 and Recital 14 of the Common position; Article 10 of the amended proposal).

The Commission believes that these additions are not acceptable for institutional reasons and that the list of tasks in the amended proposal represents a fair and workable balance between the Member States' legitimate wish to be fully involved in the operation of the programme and the need to avoid unnecessary bureaucratic arrangements.

3.3. Points of convergence between the common position and the Commission's proposal

The common position supports the main lines of the Commission's proposal, including the three main areas of action. It stresses the principle of concentrating on areas where the Community can provide clear added value as well as supporting the general, policy orientation of the programme.

It follows the Commission's amended proposal in calling on the Commission to implement the programme through 'appropriate structural arrangements' (Recitals 11 to 13, Articles 3 and 5 and annex 4.2 of the Common position).

Finally, the common position follows the amended proposal in strengthening the programme's contribution to the development of the Community's overall health strategy (cf. annex, 1.5, of the common position).

4. conclusion

From the Commission's point of view, the Common position represents an important point of departure for the second reading. The Commission considers, however, that its amended proposal contains a number of important elements related to the scope of the programme, in particular concerning key developments within health systems, which should be taken up as priority actions.

Moreover, it is of the opinion that in order for the programme to operate effectively, its original budget proposal should be reinstated.

5. statements by the commission for the minutes

The Commission made two statements for the minutes which are annexed to this Communication.

In its first statement, it indicates that it welcomes the conclusion of the common position but considers that the final budget should be close to its original proposal of EUR 300 million.

Its second statement contains a commitment to review the structural arrangements set up to implement the programme in the context of its mid-term review.

Commission declarations to the Minutes

The Commission declares that, given the importance of arriving at a rapid decision on the action programme, it welcomes the fact that the Council has arrived at a common position on the financial framework. However, it also notes the position of the European Parliament in favour of a larger amount. Accordingly, it considers that, at the end of the co-decision procedure, the amount of EUR300 million in its original proposal, or an amount close to it, should constitute the final outcome. The accession of new Member States and the establishment of the appropriate structural arrangements will necessitate a review of this figure at the appropriate time.

The Commission will review, in connection with the mid-term evaluation of the programme, the appropriate structural arrangements in relation to the co-ordination and integration of networks for health monitoring and rapid reaction to health threats. The Member States will be closely associated with this review. On the basis of the review, the Commission will consider the need for further development or adaptation of the structural arrangements, in the light inter alia of relevant Community legislation and practices and present proposals, as appropriate.