Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Decision of the European Parliament and of the Council establishing a second Programme of Community action in the field of Health (2007-2013) amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2007-08-30
Institutions: European Commission
Subjects: EU financing, EU programme, action programme, health policy, public health

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.8.2007 
COM(2007) 485 final 

2005/0042A (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

Decision of the European Parliament and of the Council establishing a second 
Programme of Community action in the field of Health (2007-2013) 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

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2005/0042A (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

Decision of the European Parliament and of the Council establishing a second 
Programme of Community action in the field of Health (2007-2013) 

Co-decision Procedure 

Second Reading 

1. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is 
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second 
reading.  The  Commission  sets  out  its  opinion  below  on  the  amendments  proposed  by 
Parliament.  

2. 

BACKGROUND 

The  proposal  COM  (2005)115  final1  was  transmitted  to  the  European  Parliament  and  the 
Council  on  15  April  2005  in  accordance  with  the  co-decision  procedure  pursuant  to  Article 
251 of the EC Treaty. 

The Committee of the Regions gave its opinion on 16 February 20062. 

The European Economic and Social Committee gave its opinion on 14 February 20063. 

The European Parliament gave its opinion at the first reading on 16 March 2006. 

The  amended  proposal  COM  (2006)234  final4  pursuant  to  Article  250  (2)  of  the  EC  Treaty 
was transmitted to the European Parliament and the Council on 24 May 2006. 

Following the opinion of the European Parliament and pursuant to Article 251(2) of the EC 
Treaty,  after  a  political  agreement  on  30  November  2006,  the  Council  adopted  a  Common 
Position  on  22  March  20075.  The  Commission's  Communication  on  the  Common  Position 
COM(2007)150 was adopted on 23 March 2007. 

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OJ C 172, 12.7.2005 
OJ C 192, 16.08.2006 
OJ C 88, 11.04.2006 
OJ C 303, 13.12.2006 
OJ C 103E, 08.05.2007  

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The European Parliament adopted its position at the second reading on 10 July 2007. 

3. 

PURPOSE OF THE PROPOSAL 

The  programme  aims  to  contribute  to  protecting  the  health  and  safety  of  citizens  through 
specific actions in the field of health. It enables the EU to complement, support and add value 
to  the  policies  of  the  Member  States  and  thus  contributes  to  increased  solidarity  and 
prosperity  in  the  EU  by  protecting  and  promoting  human  health  and  safety  and  improving 
public  health.  The  programme  for  2007-2013  will  have  three  main  objectives:  to  improve 
citizens’  health  security,  to  promote  health,  and  to  generate  and  disseminate  health 
information and knowledge. 

These  objectives  shall  be  achieved  through  a  combination  of  actions  and  instruments 
according to the priorities set out in the annual work plans. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

4.1. 

General 

On  10  July  2007,  the  European  Parliament  adopted  a  compromise  package  which  had  been 
agreed with the Council in view of reaching a second reading agreement.  

Ways  were  found  to  respond  to  the  concerns  of  the  Parliament  regarding  the  text  of  the 
Programme,  by  making  modifications  to  the  text,  while  reflecting  the  spirit  of  the 
Commission modified proposal.  

The  Commission  accepts  all  amendments.  The  conclusion  of  the  compromise  package  has 
been facilitated by a trilateral declaration which quotes the rules of budgetary flexibility for 
EU  programmes  under  the  Inter-Institutional  Agreement  (article  37)  in  favour  of  the  health 
programme (see annex).  

4.2 

Amended Proposal 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

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ANNEX 

TRILATERAL DECLARATION REGARDING THE SECOND COMMUNITY 
HEALTH PROGRAMME 2007-2013 

The European Parliament, The Council and the Commission: 

–  share the view that the 2nd Programme of Community action in the field of Health (2007-
2013) must be provided with financial means that allow fully for its implementation;  

–  recall  Article  37  of  the  Interinstitutional  Agreement  on  budgetary  discipline  and  sound 
financial management6 stating that the budgetary authority and the Commission undertake 
not  to  depart  by  more  than  5  %  from  the  budget  unless  new,  objective,  long  term 
circumstances arise for which specific reasons are given. Any increase resulting from such 
variation must remain within the existing ceiling of the heading concerned; 

–  assure their willingness to evaluate in a sound manner the specific needs and circumstances 

of the Health Programme in the annual budget procedure. 

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OJ C 139 of 14.6.2006 

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