COMMON POSITION (EC) No 35/96 adopted by the Council on 18 June 1996 with a view to adopting Decision No 220/96/EC of the European Parliament and of the Council adopting a programme of Community action on health monitoring within the framework for action in the field of public health
Date: 1996-06-18
Institutions: Council of the European Union
Subjects: EU action, exchange of information, health policy, international cooperation, public health













EUR-Lex - 51996AG0729(04) - EN






Avis juridique important




|



51996AG0729(04)

COMMON POSITION (EC) No 35/96 adopted by the Council on 18 June 1996 with a view to adopting Decision No 220/96/EC of the European Parliament and of the Council adopting a programme of Community action on health monitoring within the framework for action in the field of public health  


Official Journal C 220 , 29/07/1996 P. 0036 





COMMON POSITION (EC) No 35/96adopted by the Council on 18  June 1996with a view to adopting Decision No 220/96/EC of the European Parliament and of the  Council adopting a programme of Community action on health monitoring within the framework for  action in the field of public health(96/C 220/04)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 referred to in Article 189b of the Treaty (4), 1. Whereas, pursuant to Article 3 (o) of the Treaty, Community action must include a contribution  towards the attainment of a high level of health protection; whereas Article 129 of the Treaty  expressly provides for Community competence in this field insofar as the Community contributes to  it by encouraging cooperation between the Member States and, if necessary, by lending support to  their action; 2. Whereas the Council, in its resolution of 27 May 1993 on future action in the field of public  health (5), considered that improved collection, analysis and distribution of health data, as well  as an improvement in the quality and comparability of available data, are essential for the  preparation of future programmes; 3. Whereas the European Parliament, in its resolution on public health policy after Maastricht (6),  stressed the importance of having sufficient and relevant information as a basis for the  development of Community actions in the field of public health; whereas the European Parliament  called on the Commission to collect and examine health data from Member States with a view to  analysing the effects of public health policies on health status in the Community; 4. Whereas the Commission, in its communication of 24 November 1993 on the framework for action in  the field of public health, identified increased cooperation on standardization and collection of  comparable/compatible data on health, and the promotion of systems of health monitoring and  surveillance as a prerequisite for the establishment of a framework for supporting Member States'  policies and programmes; whereas the area of health monitoring, including health data and  indicators, has been identified as a priority area for proposals on multiannual Community  programmes in the field of public health; 5. Whereas in its resolution of 2 June 1994 on the framework for action in the field of Community  health (7), the Council indicated that the collection of health data should be accorded priority  and invited the Commission to present relevant proposals; whereas the Council considered that data  and indicators used should include measures relating to the quality of life of the population,  accurate assessments of health needs, estimates of the avoidable deaths from the prevention of  diseases, socio-economic factors in health among different population groups, and, where  appropriate and if the Member States judge it necessary, health aid, medical practices, and the  impact of reforms; 6. Whereas health monitoring at the Community level is essential for the planning, monitoring, and  assessment of Community actions in the field of public health, and the monitoring and assessment of  the health impact of other Community policies; 7. Whereas, on the basis in particular of knowledge of data relating to public health in Europe  obtained by setting up a Community health monitoring system, it will be possible to monitor public  health trends and define public health priorities and objectives; 8. Whereas health monitoring, for the purposes of this Directive, encompasses the establishment of  Community health indicators and the collection, dissemination, and analysis of Community health  data and indicators; 9. Whereas in Decision 93/464/EEC of 22 July 1993 on the framework programme for priority actions  in the field of statistical information 1993 to 1997 (1), the Council identified under the heading  'Health and safety statistics` the analysis of mortality and morbidity by cause as one of the  fields of priority actions under the sectoral programmes for social policy, economic and social  cohesion and consumer protection; 10. Whereas in Decision 94/913/EC of 15 December 1994 adopting a specific programme of research and  technological development, including demonstration, in the field of biomedicine and health (1994 to  1998) (2), the Council identified a specific research task of coordination and comparison of  European health data, including nutritional data, from the various Member States; whereas this was  taken up in the relevant research work programme; 11. Whereas health monitoring at Community level should enable measurements of health status,  trends and determinants to be carried out, facilitate the planning, monitoring and evaluation of  Community programmes and actions, and provide Member States with health information supporting the  development and evaluation of their health policies; 12. Whereas, in order to give full effect to requirements and expectations in this area, a  Community health monitoring system should be developed, comprising the establishment of health  indicators and the collection of health data, a network for transmission and sharing of health data  and indicators, and a capacity for analysis and dissemination of health information; 13. Whereas available options and possibilities for developing the various parts of a Community  health monitoring system, including those making existing provisions more stringent, should be  carefully examined with respect to the desired performance, flexibility and the costs and benefits  involved; whereas a flexible system is required which can incorporate features which are deemed  valuable at present while adapting to new requirements and other priorities; whereas such a system  should include the definition of sets of Community health indicators and the collection of the data  necessary for the establishment of such indicators; 14. Whereas Community health data and indicators should draw from existing European data and  indicators, such as those held by Member States or transmitted by them to international  organizations, so as to avoid unnecessary duplication of work; 15. Whereas the situation with regard to the collection of data varies from one Member State to  another; 16. Whereas a Community health monitoring system would benefit from the establishment of a  telematics network for the collection and distribution of Community health data and indicators; 17. Whereas the Community health monitoring system should be capable of producing data for the  preparation of regular reports on health status in the European Community, analyses of trends and  health problems, and should help produce and disseminate health information; 18. Whereas the setting up of a health-monitoring system at Community level necessarily presupposes  compliance with provisions concerning the protection of data and the introduction of measures to  guarantee their confidentiality and security, such as the provisions laid down in Directive  95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of  individuals with regard to the processing of personal data and on the free movement of such data  (3) and in Council Regulation (Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission of data  subject to statistical confidentiality to the Statistical Office of the European Communities (4); 19. Whereas a multiannual programme should be launched within the framework for action in the field  of public health, in order to permit the development of a Community health monitoring system and of  appropriate mechanisms for its evaluation; 20. Whereas, in accordance with the principle of subsidiarity, action on matters not falling within  the exclusive competence of the Community, such as action on health monitoring, must be undertaken  by the Community only if, by reason of their scale or effects, it can be better achieved by the  Community; 21. Whereas policies and programmes formulated and implemented at Community level, in particular  those undertaken within the framework for action in the field of public health, should be  compatible with the targets and objectives of Community action on health monitoring; whereas the  implementation of Community actions on health monitoring should be coordinated with and take  account of relevant research activities under the Community's Framework Programme for Research and  Technological Development; whereas projects on telematics applications in the health field under  the Community's RTD Framework must be coordinated with Community actions on health monitoring;  whereas actions under the Community's framework programme for statistical information, the  Community projects in the field of telematic interchange of data between administrations (IDA) and  G-7 health-related projects must be closely coordinated with the implementation of Community  actions on health monitoring; whereas the work undertaken by the specialized European agencies,  such as the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) and the European  Environment Agency, should be taken into account; 22. Whereas cooperation with the competent international organizations and with non-member  countries should be strengthened; 23. Whereas, from an operational point of view, the investments made in the past in terms both of  the development of Community networks and of cooperation with international organizations competent  in this field should be safeguarded and further developed; 24. Whereas it is important that the Commission should ensure implementation of this programme in  close cooperation with the Member States; 25. Whereas a modus vivendi 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 concluded on 20 December 1994 (1); 26. Whereas data are insufficiently comparable at present and unnecessary duplication of effort  should be avoided by the joint development of comparison and conversion methods, criteria and  techniques, suitable data collection tools such as surveys, questionnaires or parts thereof, and  content specifications for health information to be shared using in particular a telematics  network; 27. Whereas, in order to increase the value and impact of the action programme, a continuous  assessment of the measures undertaken should be carried out, with particular regard to their  effectiveness and the achievement of objectives at both national and Community level, and, where  appropriate, the necessary adjustments should be made; 28. 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 of the European Parliament, the Council and the Commission of 6 March 1995 (2), for the  budgetary authority during the annual budgetary procedure; 29. Whereas this programme should run for five years in order to allow sufficient time for actions  to be implemented to achieve the objectives set, HAVE DECIDED AS FOLLOWS: Article 1Establishment of the programme 1. A programme of Community action  on health monitoring, hereinafter referred to as 'the programme`, shall be adopted for the period 1  January 1997 to 31 December 2001 within the framework for action in the field of public health. 2. The objective of the programme shall be to contribute to the establishment of a Community  health-monitoring system which helps to: (a) measure health status, trends and determinants throughout the Community; (b) facilitate the planning, monitoring and evaluation of Community programmes and actions; and(c)  provide Member States with appropriate high-quality health information to make comparisons and to  support their national health policies, by encouraging cooperation between Member States and, if necessary, by supporting their action  through promoting coordination of their policies and programmes in this field and encouraging  cooperation with non-member countries and the relevant international organizations. 3. The actions to be implemented under the programme and their specific objectives are set out in  Annex I under the following headings: A. Establishment of Community health indicators; B. Development of a Community-wide network for sharing health data; C. Analyses and reporting. A non-exhaustive list of areas in which health indicators could be established is set out in Annex  II. Article 2Implementation 1. The Commission shall ensure the implementation, in close  cooperation with the Member States, of the actions set out in Annex I, in accordance with Article  5. 2. The Commission shall cooperate with the institutions and organizations which are active in the  field of health monitoring. Article 3Budget 1. The financial framework for the implementation of the programme for the  period referred to in Article 1 shall be ECU 13 million. 2. The annual appropriations shall be authorized by the budgetary authority within the limits of  the financial perspective. Article 4Consistency and complementarity The Commission, with the assistance of the Member  States, shall ensure that there is consistency and complementarity between actions to be  implemented under this programme and the other relevant Community programmes and initiatives,  covering those that are situated in the context of public-health action as well as, in particular,  the framework programme for statistical information, projects in the field of telematic interchange  of data between administrations and the framework programme for research and technological  development, in particular the telematics applications of the latter. Article 5Committee 1. The Commission shall be assisted by a committee, consisting of two  members designated by each Member State 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: (a) the committee's rules of procedure; (b) an annual work programme indicating the priorities for action; (c) the arrangements, criteria and procedures for selecting and financing projects under the  programme, including those involving cooperation with international organizations competent in the  field of public health and participation of the countries referred to in Article 6 (2)(d) the  evaluation procedure; (e) the arrangements for dissemination and transfer of results; (f) the arrangements for cooperating with the institutions and organizations referred to in Article  2 (2); (g) the provisions applicable to reporting the data, conversion thereof and other methods for  making the data comparable in order to achieve the objective referred to in Article 1 (2); (h) the provisions for the definition and selection of indicators; (i) the provisions for the content specifications necessary for setting up and operation of the  relevant networks; The committee shall deliver its opinion on the draft measures referred to above within a time limit  which the chairman may lay down according to the urgency of the matter. The opinion shall be  delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which  the Council is required to adopt on a proposal from the Commission. The votes of the  representatives of the Member States within the committee shall be weighted in the manner set out  in that Article. The chairman shall not vote. The Commission shall adopt measures which shall apply immediately. However, if these measures are  not in accordance with the opinion of the committee, they shall be communicated by the Commission  to the Council forthwith. In that event: - the Commission shall defer application of the measures which it has decided upon for a period of  two months from the date of such communication, - the Council, acting by a qualified majority, may take a different decision within the time limit  laid down in the first indent. 3. In addition, the Commission may consult the committee on any other matter concerning the  implementation of this programme, including the arrangements for coordination with the other  programmes and initiatives referred to in Article 4. The representative of the Commission shall submit to the committee a draft of the measures to be  taken. 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 opinion recorded in the minutes. The Commission shall take the utmost account of the opinion delivered by the committee. It shall  inform the committee of the manner in which its opinion has been taken into account. 4. The representative of the Commission shall keep the committee regularly informed of: - financial assistance granted under the programme (amount, duration, breakdown and  beneficiaries), - Commission proposals or Community initiatives and the implementation of programmes in other areas  which are of direct relevance to achievement of the objectives of the programme, with a view to  ensuring the consistency and complementarity referred to in Article 4. Article 6International cooperation 1. In the course of implementing the programme, cooperation  with non-member countries and with international organizations competent in the field of public  health, in particular the World Health Organization, the Organization for Economic Cooperation and  Development and the International Labour Organization, shall be encouraged and implemented in  accordance with the procedure laid down in Article 5. 2. The programme shall be open to participation by the associated countries of Central and Eastern  Europe (ACCEE) in accordance with the conditions laid down in the additional protocols to the  association agreements relating to participation in Community programmes, to be concluded with  those countries. The 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 European Free  Trade Association (EFTA) countries, in accordance with procedures to be agreed with those  countries. Article 7Monitoring and evaluation 1. The Commission, taking into account the reports drawn up  by the Member States and with the participation, where necessary, of independent experts, shall  ensure that an evaluation is made of the actions undertaken. 2. The Commission shall submit to the European Parliament and the Council an interim report halfway  through the programme and a final report on completion thereof. The Commission shall incorporate  into these reports information on Community financing in the various fields of action and on  complementarity with the other programmes and initiatives referred to in Article 4, as well as the  results of the evaluation referred to in paragraph 1. It shall also send the reports to the  Economic and Social Committee and the Committee of the Regions. 3. On the basis of the evaluations referred to in paragraph 1, the Commission may, if appropriate,  make relevant proposals with a view to the continuation of this programme. Done at . . . For the European ParliamentThe PresidentFor the CouncilThe President(1) OJ  No C 338, 16. 12. 1995, p. 4. (2) OJ No C 174, 17. 6. 1996, p. 3. (3) OJ No C 129, 2. 5. 1996, p. 50. (4) Opinion of the European Parliament of 17 April 1996 (OJ No C 141, 13. 5. 1996, p. 94), Council  common position of . . . (not yet published in the Official Journal) and Decision of the European  Parliament of . . . (not yet published in the Official Journal). (5) OJ No C 174, 25. 6. 1993, p. 1. (6) OJ No C 329, 6. 12. 1993, p. 375. (7) OJ No C 165, 17. 6. 1994, p. 1. (1) OJ No L 219, 28. 8. 1993, p. 1. (2) OJ No L 361, 31. 12. 1994, p. 40. (3) OJ No L 281, 23. 11. 1995, p. 31. (4) OJ No L 151, 15. 6. 1990, p. 1. Regulation as amended by the 1994 Act of Accession. (1) OJ No C 102, 4. 4. 1996, p. 1. (2) OJ No C 102, 4. 4. 1996, p. 4. ANNEX I SPECIFIC OBJECTIVES AND ACTIONS A. ESTABLISHMENT OF COMMUNITY HEALTH  INDICATORSObjectiveTo establish Community health indicators by a critical review of existing  health data and indicators and develop appropriate methods for the collection of health data and  for making such data comparable, in accordance with the objective referred to in Article 1 (2). 1. Carrying out an identification, review and critical analysis of existing health indicators and  data at European level and at Member State level, taking as a basis data validated by the Member  States in order to determine their relevance, quality and coverage with regard to the establishment  of Community health indicators. 2. Identification of a set of Community health indicators, including a subset of core indicators  for the monitoring of Community programmes and actions in public health and a subset of background  indicators for the monitoring of other Community policies, programmes and actions, for providing  Member States with common measurements for making comparisons. A non-exhaustive list of the areas  in which health indicators could be established is set out in Annex II. 3. Development of the routine collection of data and of methods for making health data comparable,  in order to achieve the objective referred to in Article 1 (2), including support for drawing up  data dictionaries and the establishment of appropriate conversion methods and rules. 4. Contributing to the collection of comparable data by supporting the preparation of surveys,  including Community-wide surveys in support of the framing of Community policies, or drawing up  agreed specimen modules or questionnaires for use in existing surveys. 5. Fostering cooperation with international organizations competent in the field of Community  health data and indicators and networks for the exchange of health data covering specific areas in  public health, in order to enhance comparability of data. 6. Encouragement and support for the assessment of the feasibility and cost-effectiveness of  developing standardized health-resource statistics with the aim of including them in a future  Community health-monitoring system. B. DEVELOPMENT OF A COMMUNTY-WIDE NETWORK FOR SHARING HEALTH DATAObjectiveTo enable the  establishment of an effective and reliable system for the transfer and sharing of health data and  indicators using telematic interchange of data as the principal means. 7. Encouragement and support for the development of a network for transferring and sharing health  data, mainly using telematic interchanges and a system of distributed databases, in particular by  the establishment of data specifications and of procedures with regard to access, retrieval,  confidentiality and security for the different types of information to be included in the system. C. ANALYSES AND REPORTINGObjectiveTo develop methods and tools necessary for analysis and  reporting and to support analyses and reporting on health status, trends and determinants and on  the effect of policies on health. 8. Encouragement and support for the development of capacity for analyses by enhancing existing  capabilities and for feasibility studies for possible new structures of comparative and predictive  methodologies and tools, the testing of hypotheses and models and the evaluation of health  scenarios and outcomes. 9. Support for the analysis of the impact of Community actions and programmes in the field of  public health, and for drawing up and disseminating reports evaluating such impact. 10. Support for the preparation, production and dissemination of reports and other information  material on health status and trends, health determinants and the impact on health of other  policies. ANNEX II Non-exhaustive list of areas in which health indicators may be established A.  Health status1. Life expectancy: - life expectancy at certain ages, - health expectancies. 2. Mortality: - overall, - causes of death, - disease-specific survival rates. 3. Morbidity: - disease-specific morbidity, - co-morbidity. 4. Functioning and quality of life: - self-perceived health, - physical disability, - activity limitations, - functional status/ability, - health-related work loss, - mental health. 5. Anthropometric characteristicsB. Life style and health habits1. Tobacco consumption. 2. Alcohol consumption. 3. Illegal drug consumption. 4. Physical activities. 5. Diet. 6. Sex life, 7. Other. C. Living and working conditions1. Employment/unemployment: - occupation. 2. Work environment: - accidents, - exposure to carcinogenic and other dangerous substances, - occupational diseases. 3. Housing conditions. 4. Home and leisure activities: - accidents at home, - leisure. 5. Transport: - car accidents. 6. External environment: - air pollution, - water pollution- other types of pollution, - radiation, - exposure to carcinogenic and other dangerous substances outside the work environment. D. Health protection1. Sources of financing. 2. Facilities/manpower: - health-resource utilization, - health-care personnel. 3. Cost/expenditure: - in-patient care, - out-patient care, - pharmaceutical products. 4. Consumption/uses: - in-patient care, - out-patient care, - pharmaceutical products. 5. Health promotion and disease prevention. E. Demographic and social factors1. Gender. 2. Age. 3. Marital status. 4. Region of residence. 5. Education. 6. Income. 7. Population subgroups. 8. Health-insurance status. F. Miscellaneous1. Product safety. 2. Others. STATEMENT OF THE COUNCIL'S REASONS I. INTRODUCTION 1. On 17 October 1995, the  Commission submitted a proposal for a Decision adopting a Community action programme on health  monitoring within 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 17 April 1996 (2). The Economic and Social Committee and the Committee of the Regions delivered their opinions on 27  March (3) and 18 January 1996 (4) respectively. In the light of these opinions, the Commission submitted an amended proposal (5) on 15 May 1996.3. On 17 June 1996, the Council adopted its common position in accordance with Article 189b of the  EC Treaty. II. OBJECTIVE The Decision concerns the fifth Community action programme, proposed in the  framework for action in the field of public health and designated a priority by the Council in its  resolution of 2 July 1994 (6). The purpose of the programme is to establish a Community health monitoring system which will make  it possible to measure the health situation, and health trends and determinants in the Community,  and to make comparisons and support national health policies. III. ANALYSIS OF THE COMMON POSITION 1. Amendments made to the Commission proposalGeneral  remarkIn the main, the Council accepted the approach proposed by the Commission and, regarding in  particular the content of the programme, included all the actions in Annex I to the proposal. Financial framework (Article 3 (1))The Council adopted an amount - ECU 13 million - which, though  not quite the same as that proposed, is extremely close to it and represents a balance between the  need to implement and follow up the programme's actions, and the need to take account of budgetary  discipline. Committee procedure (Article 5 (2) and (3))Here, however, the Council deviated from the proposed  procedure and opted, as in the case of the programmes already adopted, for a mixed procedure which  made it possible to reconcile the requirement for flexibility in the management of the programme  with the need to involve the Member States more actively in certain important decisions: management  committee procedure for important decisions and, for the others, including detailed rules for  coordination, the advisory committee procedure. More specific pointsIn addition, it introduced certain specifications, clarifications or additions  of limited scope, in particular regarding the reference to data protection provisions (recital 18),  the objective of the programme (Article 1 (2)), consistency and complementarity (Article 4),  international cooperation (Article 6 (1)) and follow-up and assessment (Article 7 (3) regarding  possible action further to the programme). With regard to the collection of comparable data  (Article 5 (2) (g) and Annex I, part A, specific objective and point 3), it opted for a broader,  more flexible form of words. 2. European Parliament amendments(a) Amendments accepted by the Commission in its amended  proposalOf the 44 amendments adopted by the European Parliament at first reading, the Commission  accepted 28: - seven in full (amendments 12, 16, 17, 18, 20, 23 and 29), and- 21 in part (amendments 1 to 3, 4,  6, 7, 8, 9, 10, 11, 13, 19, 25, 33 to 40 and 42). (i) Amendments accepted by the CouncilThe Council included unaltered in its common position the  following Parliament amendments: 17 and 20. In addition, it included in part or in another form amendments 1, 4, 7, 8, 9, 11, 19, 23, 25, 29  (Article 1 (3) and Annex I, part A, point 2, 33, 35 to 40 and 42 (as a matter of form), in most  cases adopting the version proposed by the Commission. (ii) Amendments not accepted by the CouncilThe Council felt unable to support the Commission in  respect of the following amendments proposed by the European Parliament: Amendments accepted in full by the Commission- Amendment 12 (recital 15a)The Council did not  include this amendment concerning cooperation in the field of occupational health and safety, since  it considered that such cooperation would exceed the scope of the programme and create budgetary  difficulties within it. It should, however, be pointed out that, in respect of international cooperation, Article 6 of the  common position makes provision for the encouragement of cooperation with, inter alia, the  International Labour Organization. - Amendments 16 and 18 (new recital 16a replacing recital 23)The Council did not feel it necessary  to change the original position of this recital. Amendments accepted in part by the Commission- Amendment 3 (new recital 3b)- Amendment 6 (new  recital 11a)- Amendment 34 (Annex I, part A, new point 6a). The Council was unable to accept these amendments, which aim to establish a permanent structure (in  particular in the form of a European health observatory), since it considered it inappropriate to  prejudge the establishment of such structures in the context of this programme (which is of limited  duration). Accordingly, the Council confined itself to including, in a general form, the changes introduced in  the Commission's amended proposal, which are on the same lines as these European Parliament  amendments: - a reference to 'making existing provisions more stringent` in recital 13 of the common position  (former recital 12), and- a reference to 'boosting existing capacity` in point 8 of part C of  Annex I. - Amendment 10 (recital 14)The Council considered that the text of the initial proposal, which it  retained, enabled the European Parliament's concerns to be covered, while offering greater  flexibility in the technical procedures for organizing the monitoring system. - Amendment 13 (recital 16)The Council considered that the text of recital 18 of its common  position took full account of existing obligations regarding the confidentiality and security of  data. (b) Amendments not accepted by the Commission in its amended proposal(i) In general, the Council  agreed with the reasons which prompted the Commission to reject certain European Parliament  amendments, i.e. that the amendments: - were not in line with the text or with the spirit of Article 129 of the EC Treaty, or were not  compatible with the corresponding provisions in other public health programmes, or exceeded the  framework of the proposed programme (amendments 2, 15, 21, 32, 43 and 47), - proposed a less flexible text and/or one which restricts the scope of the programme (amendments  5, 14, 30 and 45), NB: Regarding Amendment 30 (Annex I, part A, point 3), see comment in the fourth paragraph ('More  specific points`) of part III.1 of this document, - were taken into account elsewhere (amendments 26, 27 and 28). (ii) The Council accepted, in part or in another form: - the substance of Amendment 31 (Annex I, part A), by means of an addition to the text of point 1, - amendment 46, through the adoption of a wording for Article 3 identical to that approved for the  corresponding provisions in the Decisions already adopted (recital 28 of the common position). IV. CONCLUSIONS The Council, while opting for a procedure for implementing the programme which  was similar to that approved in the context of the programmes already adopted, retained the  substance of the Commission proposal as amended in response to the European Parliament's opinion. (1) OJ No C 383, 16. 12. 1995, p. 4. (2) OJ No C 141, 13. 5. 1996, p. 94. (3) OJ No C 174, 17. 6. 1996, p. 3. (4) OJ No C 129, 2. 5. 1996, p. 50. (5) COM(96) 222 final - COD 95/0238 (not yet published in the Official Journal). (6) OJ No C 165, 17. 6. 1994, p. 1.