Article 1 Scope
1. This Regulation establishes an independent European agency for disease prevention and control, its mission, tasks and organisation. 2. The Agency shall be named the European Centre for Disease Prevention and Control, hereinafter referred to as the ‘Centre’.
Article 2 Definitions
For the purposes of this Regulation: (a) ‘competent body’ shall mean any structure, institute, agent or other scientific body recognised by Member States authorities as providing independent scientific and technical advice or capacity for action in the field of the prevention and control of human disease; (b) “prevention and control of human disease” shall mean the range of measures taken by the competent public health authorities in the Member States to prevent and stop the spread of disease; (c) “dedicated surveillance network” shall mean any specific network on diseases or special health issues selected for epidemiological surveillance between accredited structures and authorities of the Member States; (d) “communicable diseases” shall mean the categories of disease listed in the Annex to Decision No 2119/98/EC; (e) “health threat” shall mean a condition, agent or incident which may cause, directly or indirectly, ill health; (f) “epidemiological surveillance” shall have the meaning ascribed to it in Decision No 2119/98/EC. (g) “Community network” shall have the meaning ascribed to it in Decision No 2119/98/EC; (h) “early warning and response system” shall mean the network in accordance with Decision No 2119/98/EC for the prevention and control of communicable diseases, formed by bringing the Commission and the competent public health authorities in each Member State into permanent communication with one another through appropriate means specified in Commission Decision 2000/57/EC of 22 December 1999 on the early warning and response system for the prevention and control of communicable diseases under Decision No 2119/98/EC of the European Parliament and of the Council ( 5 ) .
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 2 Definitions):
For the purposes of this Regulation, the following definitions apply: (1) ‘competent body’ means any structure, institute, agent or other scientific body recognised by Member States’ authorities as providing independent scientific and technical advice or capacity for action in the field of the prevention and control of human disease; (2) ‘coordinating competent body’ means a body in each Member State with a designated national coordinator responsible for institutional contacts with the Centre, as well as national focal points and operational contact points responsible for strategic and operational collaboration on scientific and technical issues for specific disease areas and public health functions; (3) ‘dedicated network’ means any specific network on diseases, related special health issues or public health functions that is supported and coordinated by the Centre and is intended to ensure collaboration between the coordinating competent bodies of the Member States; (9) ‘health system capacity’ means health system capacity as defined in Article 3, point (13), of Regulation (EU) 2022/2371.
Article 3 Mission and tasks of the Centre
1. In order to enhance the capacity of the Community and the Member States to protect human health through the prevention and control of human disease, the mission of the Centre shall be to identify, assess and communicate current and emerging threats to human health from communicable diseases. In the case of other outbreaks of illness of unknown origin which may spread within or to the Community, the Centre shall act on its own initiative until the source of the outbreak is known. In the case of an outbreak which clearly is not caused by a communicable disease, the Centre shall act only in cooperation with the competent authority upon request from that authority. In pursuing its mission the Centre shall take full account of the responsibilities of the Member States, the Commission and other Community agencies, and of the responsibilities of international organisations active within the field of public health, in order to ensure comprehensiveness, coherence and complementarity of action. 2. Within the field of its mission, the Centre shall: (a) search for, collect, collate, evaluate and disseminate relevant scientific and technical data; (b) provide scientific opinions and scientific and technical assistance including training; (c) provide timely information to the Commission, the Member States, Community agencies and international organisations active within the field of public health; (d) coordinate the European networking of bodies operating in the fields within the Centre’s mission, including networks arising from public health activities supported by the Commission and operating the dedicated surveillance networks; and (e) exchange information, expertise and best practices, and facilitate the development and implementation of joint actions. 3. The Centre, the Commission and the Member States shall cooperate to promote effective coherence between their respective activities.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 3 Mission and tasks of the Centre):
1. In order to enhance the capacity of the Union and the Member States to protect human health through the prevention and control of communicable diseases in humans and related special health issues, the mission of the Centre shall be to identify and assess current and emerging threats to human health from communicable diseases and related special health issues, to report thereon and, where appropriate, to ensure that information thereon is presented in an easily accessible way. The Centre shall act in collaboration with competent bodies of the Member States or on its own initiative, through a dedicated network. The mission of the Centre shall also be to provide science-based recommendations and support in coordinating the response at Union and national levels, as well as at cross-border interregional and regional level, to such threats, where appropriate. In providing such recommendations, the Centre shall, where necessary, cooperate with Member States and take into account existing national crisis management plans and the respective circumstances of each Member State. In the case of other outbreaks of diseases of unknown origin that may spread within or to the Union, the Centre shall act on its own initiative until the source of the outbreak is known. In the case of an outbreak that is clearly not of a communicable disease, the Centre shall act only in cooperation with the coordinating competent bodies and upon their request, and provide a risk assessment. In pursuing its mission, the Centre shall respect the responsibilities of the Member States, the Commission and other Union bodies or agencies, and the responsibilities of third countries and international organisations active within the field of public health, in particular the WHO, in order to ensure that there is comprehensiveness, coherence and complementarity of action and that actions are coordinated. The Centre shall support the work of the Health Security Committee (HSC), established by Article 4 of Regulation (EU) 2022/2371, the Council, the Member States and, where relevant, other Union structures, in order to promote effective coherence between their respective activities and to coordinate responses to serious cross-border threats to health, within its mandate. 3. The Centre, the Commission, the relevant Union bodies or agencies and the Member States shall cooperate in a transparent manner to promote effective coherence and synergies between their respective activities.
Article 4 Obligations of the Member States
Member States shall: (a) provide to the Centre in a timely manner available scientific and technical data relevant to its mission; (b) communicate to the Centre any messages forwarded to the Community network via the early warning and response system; and (c) identify, within the field of operation of the mission of the Centre, recognised competent bodies and public health experts who could be made available to assist in Community responses to health threats, such as field investigations in the event of disease clusters or outbreaks.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 4 Obligations of Member States):
Member States shall coordinate and collaborate with the Centre, in relation to the mission and tasks set out in Article 3, by: (b) notifying the Centre of any serious cross-border threats to health, as soon as detected, through the Early Warning and Response System (EWRS) provided for under Article 18 of Regulation 2022/2371, and promptly communicating any response measures taken, as well as any relevant information that is useful for coordinating the response as referred to in Article 21 of that Regulation; (c) identifying, within the scope of the mission of the Centre, competent bodies and public health experts and organisations that could be available to assist in the Union response to serious cross-border threats to health, such as by undertaking missions to Member States, cross-border regions and third countries in cooperation with the WHO, in order to provide expert advice and carry out field investigations in the event of disease clusters or outbreaks; (d) preparing national prevention, preparedness and response plans in accordance with Article 6 of Regulation (EU) 2022/2371 and reporting on prevention, preparedness and response planning and implementation at national level in accordance with Article 7 of that Regulation; (e) facilitating the digitalisation of data collection and the data communication process between national and European surveillance systems to provide timely delivery of the necessary information; and (f) informing the Centre about any delay in meeting the timelines referred to in point (a).
Article 5 Operation of dedicated surveillance networks and networking activities
1. The Centre, through the operation of the dedicated surveillance networks and the provision of technical and scientific expertise to the Commission and Member States, shall support the networking activities of the competent bodies recognised by the Member States. 2. The Centre shall ensure the integrated operation of dedicated surveillance networks of authorities and structures designated under Decision No 2119/98/EC, where necessary with the assistance of one or more of the surveillance networks. It shall in particular: (a) provide quality assurance by monitoring and evaluating surveillance activities of such dedicated surveillance networks to ensure optimal operation; (b) maintain the database(s) for such epidemiological surveillance; (c) communicate the results of the analysis of data to the Community network; and (d) harmonise and rationalise the operating methodologies. 3. By encouraging cooperation between expert and reference laboratories, the Centre shall foster the development of sufficient capacity within the Community for the diagnosis, detection, identification and characterisation of infectious agents which may threaten public health. The Centre shall maintain and extend such cooperation and support the implementation of quality assurance schemes. 4. The Centre shall cooperate with the competent bodies recognised by the Member States, particularly on preparatory work for scientific opinions, scientific and technical assistance, collection of data and identification of emerging health threats.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 .
Article 6 Scientific opinions and studies
1. The Centre shall provide independent scientific opinions, expert advice, data and information. 2. The Centre shall seek to maintain scientific excellence at all times through the best expertise available. Where independent scientific expertise is not available from existing dedicated surveillance networks, the Centre may set up independent ad hoc scientific panels. 3. The Centre may promote and initiate scientific studies necessary for the performance of its mission and applied scientific studies and projects on the feasibility, development and preparation of its activities. The Centre shall avoid duplication with Member States’ or Community research programmes. 4. The Centre shall consult the Commission with regard to the planning and priority setting of research and public health studies.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 6 Scientific opinions and studies):
1. The Centre shall provide independent scientific opinions, expert advice, data and information. 1a. The Centre shall provide concrete analyses and independent science-based recommendations for actions to prevent and control communicable diseases and other serious cross-border threats to health, on its own initiative or at the request of the Commission or the Member States through the HSC. 2. The Centre shall seek to maintain scientific excellence at all times through the best expertise available. Where independent scientific expertise is not available from existing dedicated surveillance networks, the Centre may set up independent ad hoc scientific panels. 3. The Centre may promote and initiate scientific studies that are necessary for the performance of its mission, and applied scientific studies and projects on the feasibility, development and preparation of its activities. The Centre shall avoid duplication with research and health programmes of the Commission, the Member States, the Union or the WHO, as well as with other relevant programmes, and shall liaise between the public health and research sectors. To promote and initiate the studies referred to in the first subparagraph, the Centre shall request access to health data made available or exchanged through digital infrastructure and applications, so that such health data can be used for healthcare, health research, policy-making and regulatory purposes linked to public health. For the purposes of the studies referred to in the first subparagraph, the Centre shall also make use of other relevant data, for example on environmental and socio-economic factors. 3a. The Centre may use its resources and make use of reference laboratories, in order to perform field research, data gathering and data analysis, for the purposes of helping relevant national bodies gather reliable data. 4. The Centre shall consult with the HSC, the Commission and other relevant Union bodies or agencies with regard to the planning and priority setting of research and public health studies, taking into account the opinion of the Advisory Forum.
Article 7 Procedure for scientific opinions
1. The Centre shall issue a scientific opinion: (a) at the request of the Commission, in respect of any matter within its mission, and in all cases where Community legislation makes provision for the Centre to be consulted; (b) at the request of the European Parliament or a Member State, on matters falling within its mission; and (c) on its own initiative, on matters falling within its mission. 2. Requests referred to in paragraph 1 shall be accompanied by background information explaining the scientific issue to be addressed and the Community interest. 3. The Centre shall issue scientific opinions within a mutually agreed time frame. 4. Where different requests are made on the same issues or where the request is not in accordance with paragraph 2, or is unclear, the Centre may either refuse, or propose amendments to a request for an opinion in consultation with the institution or Member State(s) that made the request. Justifications for the refusal shall be given to the institution or Member States(s) that made the request. 5. Where the Centre has already delivered a scientific opinion on the specific topic in a request and it concludes that there are no scientific elements justifying the re-examination, information supporting that conclusion shall be given to the institution or Member State(s) that made the request. 6. The Centre’s internal rules shall specify requirements regarding the format, explanatory background and publication of a scientific opinion.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 7 Procedure for scientific opinions):
2. Requests for a scientific opinion as referred to in paragraph 1 shall clearly explain the scientific issue to be addressed and the Union interest concerned, and shall be accompanied by sufficient background information regarding that issue. Where necessary, if scientific opinions are focused on a specific Member State, the Member State concerned shall have the opportunity to contribute with expertise. 3. The Centre shall ensure that it has the ability to anticipate and react quickly in order to issue scientific opinions within a mutually agreed time frame. The Centre’s scientific opinions shall be accessible and shall be operational for policy makers. 4. Where different requests are made on the same issue or where the request does not comply with paragraph 2, the Centre may refuse to issue a scientific opinion or propose amendments to that request in consultation with the institution, committee, agency or Member State that made the request. If the request is refused, the Centre shall provide the institution, committee, agency or Member State that made the request with the reasons for the refusal. 5. Where the Centre has already delivered a scientific opinion on the specific issue covered by a request and it concludes that no scientific elements justify re-examination of the issue, information supporting that conclusion shall be given to the institution, committee, agency or Member State that made the request. 6. The Centre’s internal rules shall specify requirements regarding the format, explanatory background and transparency rules for the publication of a scientific opinion.
Article 8 Operation of the early warning and response system
1. The Centre shall support and assist the Commission by operating the early warning and response system and by ensuring with the Member States the capacity to respond in a coordinated manner. 2. The Centre shall analyse the content of messages received by it via the early warning and response system. The Centre shall provide information, expertise, advice and risk assessment. The Centre shall also take action to ensure that the early warning and response system is efficiently and effectively linked with other Community alert systems (e.g. animal health, food and feed and civil protection).
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 .
Article 9 Scientific and technical assistance and training
1. The Centre shall provide scientific and technical expertise to the Member States, the Commission and other Community agencies in the development, regular review and updating of preparedness plans, and also in the development of intervention strategies in the fields within its mission. 2. The Centre may be requested by the Commission, the Member States, third countries and international organisations (in particular the WHO) to provide scientific or technical assistance in any field within its mission. Scientific and technical assistance provided by the Centre shall be based on evidence-based science and technology. Such assistance may include aiding the Commission and Member States to develop technical guidelines on good practice and on protective measures to be taken in response to human health threats, providing expert assistance and mobilising and coordinating investigation teams. The Centre shall respond within its financial capacity and mandate. 3. Requests for scientific or technical assistance to the Centre shall be accompanied by a set deadline which must be agreed with the Centre. 4. In the event of such a request for assistance from the Commission, a Member State, a third country or an international organisation, where the financial capacity of the Centre is not adequate to deal with that request, the Centre shall assess the request and explore possibilities for response directly or through other Community mechanisms. 5. The Centre shall inform Member States authorities and the Commission without delay, within the framework of the Community network set up by Decision No 2119/98/EC, of any such request and of its intentions. 6. The Centre shall, as appropriate, support and coordinate training programmes in order to assist Member States and the Commission to have sufficient numbers of trained specialists, in particular in epidemiological surveillance and field investigations, and to have a capability to define health measures to control disease outbreaks.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 9 Scientific and technical assistance and training):
1. The Centre shall provide scientific and technical expertise to the Member States, the Commission and other Union bodies or agencies in the development, regular examination and updating of preparedness plans, on training activities and in the development of intervention strategies within the scope of its mission. 2. The Centre may be requested by the Commission, the Member States, the HSC or third countries that conclude agreements with the Union in accordance with Article 30, in particular partner countries, and international organisations, in particular the WHO, to provide scientific or technical assistance in any field within the scope of its mission. The assistance may include aiding the Commission and the Member States to develop technical guidelines on good practice and on protective measures to be taken in response to human health threats, providing expert assistance, mobilising and coordinating investigation teams and assessing the efficiency of response measures. The Centre shall provide evidence-based scientific and technical expertise and assistance within its mandate, and in accordance with the applicable agreements as well as with the appropriate working arrangements established with the Commission with regard to third countries and international organisations. 3. Requests made to the Centre for scientific or technical assistance shall be accompanied by a set deadline, which shall be mutually agreed with the Centre. 4. In the event of such a request for assistance from the Commission, a Member State, a third country or an international organisation, where the financial capacity of the Centre is not adequate to deal with that request, the Centre shall assess the request and explore possibilities for response directly or through other Community mechanisms. 5. The Centre shall inform its Management Board, referred to in Article 14, Member States’ authorities and the Commission of any such request and of its outcomes. 6. The Centre shall, as appropriate, support and coordinate training programmes, in particular in relation to epidemiological surveillance, field investigations, preparedness and prevention, response to public health emergencies, public health research and risk communication. Those programmes shall take into consideration the need for training to be kept up-to-date, take into account the training needs of Member States and shall respect the principle of proportionality.
Article 10 Identification of emerging health threats
1. The Centre shall in the fields within its mission establish, in cooperation with the Member States, procedures for systematically searching for, collecting, collating and analysing information and data with a view to the identification of emerging health threats which may have mental as well as physical health consequences and which could affect the Community. 2. The Centre shall forward to the European Parliament, the Council and the Commission an annual evaluation of the current and emerging threats to health in the Community. 3. The Centre shall also inform the Commission and Member States as soon as possible about findings which require their immediate attention.
Article 11 Collection and analysis of data
1. The Centre shall coordinate data collection, validation, analysis and dissemination of data at Community level, including on vaccination strategies. The statistical element of this data collection will be developed in collaboration with Member States using, as necessary, the Community statistical programme, to promote synergy and avoid duplication. 2. For the purposes of paragraph 1, the Centre shall: — develop with the competent bodies of the Member States and the Commission appropriate procedures to facilitate consultation and data transmission and access; — carry out technical and scientific evaluation of prevention and control measures at Community level; and — work in close cooperation with the competent bodies of the organisations operating in the field of data collection from the Community, third countries, the WHO, and other international organisations. 3. The Centre shall make available relevant information collected as referred to in paragraphs 1 and 2 to the Member States in an objective, reliable and easily accessible way.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 11 Collection and analysis of data):
1. The Centre shall: (a) coordinate standardisation of data collection procedures, and validation, analysis and dissemination of data at Union level; (b) seek, where appropriate, the expertise and guidance of the Member States to ensure that there is a correct understanding of the health data made available, their limitations and the national context and information systems. 3. The Centre shall make available relevant information collected as referred to in paragraphs 1 and 2 to the Member States in an objective, reliable and easily accessible way. 4. In situations of urgency related to the severity or novelty of a serious cross-border threat to health or to the rapidity of its spread among the Member States, at the request of the Commission, the HSC, EMA, the Member States or on its own initiative, the Centre shall make available epidemiological forecasts as referred to in Article 5(3), point (h). Such forecasts shall be prepared objectively, reliably and on the basis of the best available information, and in cooperation with other institutions and working groups established with Member States’ experts. The forecasts shall be made easily accessible. 5. In situations of urgency related to the severity or novelty of a serious cross-border threat to health or to the rapidity of its spread among the Member States, the Centre shall provide data and easily accessible relevant analyses on the basis of the best available information, as quickly as possible and in accordance with Article 8a(1).
Article 12 Communications on the activities of the Centre
1. The Centre shall communicate on its own initiative in the fields within its mission, after having given prior information to the Member States and to the Commission. It shall ensure that the public and any interested parties are rapidly given objective, reliable and easily accessible information with regard to the results of its work. In order to achieve these objectives, the Centre shall make available information for the general public, including through a dedicated website. It shall also publish its opinions produced in accordance with Article 6. 2. The Centre shall act in close collaboration with the Member States and the Commission to promote the necessary coherence in the risk communication process on health threats. 3. The Centre shall cooperate as appropriate with the competent bodies in the Member States and other interested parties with regard to public information campaigns.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 12 Communications on the activities of the Centre):
1. The Centre shall communicate, on its own initiative, information about its activities and the results of its work within the scope of its mission, after having given prior information to the Member States and to the Commission. The Centre shall ensure that the public or any interested party is rapidly given objective, reliable, evidence-based and easily accessible information with regard to its activities and the results of its work. The Centre shall make scientific information available to the general public, including through a dedicated website, as well as through an active presence on social media or analogous platforms. It shall also publish its scientific opinions, produced in accordance with Article 6, in a timely manner. Information relevant for citizens of the Union shall be made available in all the official languages of the Union to ensure appropriate outreach to citizens of the Union. The Centre shall facilitate the fight against misinformation regarding vaccination and against the causes of vaccine hesitancy. 2. The Centre shall act in close collaboration with the Member States and the Commission to promote the necessary coherence in the risk communication process on health threats. 3. The Centre shall cooperate, as appropriate, with the competent bodies in the Member States, the WHO and other interested parties with regard to public information campaigns.
Article 13 Bodies of the Centre
The Centre shall comprise: (a) a management board; (b) a director and his/her staff; (c) an advisory forum.
Article 14 Management Board
1. The Management Board shall be composed of one member designated by each Member State, two members designated by the European Parliament and three members representing and appointed by the Commission. 2. The members of the Board shall be appointed in such a way as to secure the highest standards of competence and a broad range of relevant expertise. Alternates who represent the member in his/her absence shall be appointed by the same procedure. Members’ term of office shall be four years and can be extended. 3. The Management Board shall adopt the Centre’s internal rules on the basis of a proposal by the director. These rules shall be made public. The Management Board shall elect one of its members as its Chair for a two-year period, which shall be extendable. The Management Board shall meet at least twice a year at the invitation of the Chair, or at the request of at least a third of its members. 4. The Management Board shall adopt its Rules of Procedure. 5. The Management Board shall: (a) exercise disciplinary authority over the director and appoint or dismiss him/her pursuant to Article 17; (b) ensure that the Centre carries out its mission and performs the tasks assigned to it under the conditions laid down in this Regulation including on the basis of regular independent and external evaluations to be carried out every five years; (c) compile a list of competent bodies referred to in Article 5 and make it public; (d) adopt, before 31 January each year, the Centre’s programme of work for the coming year. It shall also adopt a revisable multiannual programme. The Management Board shall ensure that these programmes are consistent with the Community’s legislative and policy priorities in the area of its mission. Before 30 March each year, the Management Board shall adopt the general report on the Centre’s activities for the previous year; (e) adopt the financial rules applicable to the Centre after the Commission has been consulted. They may not depart from Commission Regulation (EC, Euratom) No 2343/2002 of23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities ( 6 ) , unless specifically required for the Centre’s operation and with the Commission’s prior consent; (f) determine by unanimity of its members the rules governing the languages of the Centre, including the possibility of a distinction between the internal workings of the Centre and the external communication, taking into account the need to ensure access to, and participation in, the work of the Centre by all interested parties in both cases. 6. The director shall take part in the meetings of the Management Board, without voting rights, and shall provide the secretariat.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 14 Management Board):
1. The Management Board shall be composed of one member designated by each Member State, two members designated by the European Parliament and three members representing and appointed by the Commission. 2. The members of the Board shall be appointed in such a way as to secure the highest standards of competence and a broad range of relevant expertise. Alternates who represent the member in his/her absence shall be appointed by the same procedure. Members’ term of office shall be three years and may be extended. 3. The Management Board shall adopt the Centre’s internal rules on the basis of a proposal by the director. These rules shall be made public. The Management Board shall elect one of its members as its Chair for a two-year period, which shall be extendable. The Management Board shall meet at least twice a year at the invitation of the Chair, or at the request of at least a third of its members. 4. The Management Board shall adopt its Rules of Procedure. 6. The director shall take part in the meetings of the Management Board, without voting rights, and shall provide the secretariat.
Article 15 Voting
1. The Management Board shall take its decisions by a simple majority of all members. A two-thirds majority of all members shall be required for the adoption of its Rules of Procedure, the Centre’s internal rules of operation, the budget, the annual work programme and the appointment and removal of the director. 2. Each of these members shall have one vote. The director of the Centre shall not vote. 3. In the absence of a member, his/her alternate shall be entitled to exercise his/her right to vote. 4. The Rules of Procedure shall establish the more detailed voting arrangements, in particular, the conditions for a member to act on behalf of another member.
Article 16 Director
1. The Centre shall be managed by its director, who shall be completely independent in the performance in his/her duties, without prejudice to the respective competencies of the Commission and the Management Board. 2. The director shall be the legal representative of the Centre and shall be responsible for: (a) the day-to-day administration of the Centre; (b) drawing up draft work programmes; (c) preparation of discussions within the Management Board; (d) implementing the work programmes and the decisions adopted by the Management Board; (e) ensuring the provision of appropriate scientific, technical and administrative support for the Advisory Forum; (f) ensuring that the Centre carries out its tasks in accordance with the requirements of its users, in particular with regard to the scientific excellence and independence of activities and opinions, the adequacy of the services provided and the time taken; (g) preparing the statement of revenue and expenditure and executing the budget of the Centre; (h) all staff matters, and in particular the exercise of powers laid down in Article 29(2). 3. Each year, the director shall submit to the Management Board for approval: (a) a draft general report covering all the activities of the Centre in the previous year; (b) draft work programmes; (c) the draft annual accounts for the previous year; (d) the draft budget for the coming year. 4. The director shall, following adoption by the Management Board, by 15 June at the latest forward the annual report on the Centre’s activities to the European Parliament, the Council, the Commission, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions. The Centre shall forward annually to the budgetary authority any information relevant to the outcome of the evaluation procedures. 5. The director shall report on the Centre’s activities to the Management Board.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 16 Director):
1. The Centre shall be managed by its director, who shall be completely independent in the performance in his/her duties, without prejudice to the respective competencies of the Commission and the Management Board. 4. The director shall, following adoption by the Management Board, by 15 June at the latest forward the annual report on the Centre’s activities to the European Parliament, the Council, the Commission, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions. The Centre shall forward annually to the budgetary authority any information relevant to the outcome of the evaluation procedures. 5. The director shall report on the Centre’s activities to the Management Board.
Article 17 Appointment of the director
1. The director shall be appointed by the Management Board on the basis of a list of candidates proposed by the Commission after an open competition, following publication in the Official Journal of the European Union and elsewhere of a call for expressions of interest, for a period of five years, which may be extended once for a further period of up to five years. 2. Before appointment, the candidate nominated by the Management Board shall be invited without delay to make a statement before the European Parliament and to answer questions put by members of that institution.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 17 Appointment of the director):
1. The director shall be appointed by the Management Board on the basis of a list of at least three candidates proposed by the Commission after an open competition, following publication in the Official Journal of the European Union and elsewhere of a call for expressions of interest which has been validated by the Management Board. That appointment shall be for a period of five years, which may be extended once for a further period of up to five years. 2. Before appointment, the candidate nominated by the Management Board shall be invited without delay to make a statement before the European Parliament and to answer questions put by members of that institution.
Article 18 Advisory Forum
1. The Advisory Forum shall be composed of members from technically competent bodies in the Member States which undertake tasks similar to those of the Centre, on the basis of one representative designated by each Member State recognised for his/her scientific competence, as well as three members without the right to vote nominated by the Commission and representing interested parties at European level, such as non-governmental organisations representing patients, professional bodies or academia. Representatives may be replaced by alternates, appointed at the same time. 2. Members of the Advisory Forum shall not be members of the Management Board. 3. The Advisory Forum shall support the director in ensuring the scientific excellence and independence of activities and opinions of the Centre. 4. The Advisory Forum shall constitute a mechanism for an exchange of information on health threats and the pooling of knowledge. It shall ensure close cooperation between the Centre and the competent bodies in the Member States in particular on the following items: (a) coherence of the Centre’s scientific studies with Member States; (b) in those circumstances where the Centre and a national body cooperate; (c) the promoting, starting up and supervising of the European networks within the fields of the Centre’s mission; (d) where the Centre or a Member State identifies an emerging public health threat; (e) the setting up of scientific panels by the Centre; (f) scientific and public health priorities to be addressed in the work programme. 5. The Advisory Forum shall be chaired by the director or, in his/her absence, by a deputy from within the Centre. It shall meet regularly at the invitation of the director, or at the request of at least a third of its members, and not less than four times per year. Its operational procedures shall be specified in the Centre’s internal rules and shall be made public. 6. Representatives of the Commission’s departments may participate in the work of the Advisory Forum. 7. The Centre shall provide the technical and logistic support necessary for the Advisory Forum and provide a secretariat for its meetings. 8. The director may invite experts or representatives of professional or scientific bodies, or non-governmental organisations with recognised experience in disciplines related to the work of the Centre to cooperate in specific tasks and to take part in the relevant activities of the Advisory Forum.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 18 Advisory Forum):
1. The Advisory Forum shall be composed of members from technically competent bodies in the Member States which undertake tasks similar to those of the Centre, on the basis of one representative designated by each Member State recognised for his/her scientific competence, as well as three members without the right to vote nominated by the Commission and representing interested parties at European level, such as non-governmental organisations representing patients, professional bodies or academia. Representatives may be replaced by alternates, appointed at the same time. 2. Members of the Advisory Forum shall not be members of the Management Board. Advisory Forum members’ term of office shall be three years and may be extended. 3. The Advisory Forum shall support the director in ensuring the scientific excellence and independence of activities and opinions of the Centre. 5. The Advisory Forum shall be chaired by the director or, in his/her absence, by a deputy from within the Centre. It shall meet regularly at the invitation of the director, or at the request of at least a third of its members, and not less than four times per year. Its operational procedures shall be specified in the Centre’s internal rules and shall be made public. 6. Representatives of the Commission’s departments may participate in the work of the Advisory Forum. 7. The Centre shall provide the technical and logistic support necessary for the Advisory Forum and provide a secretariat for its meetings. 8. The Centre shall engage with public health experts, with representatives of professional or scientific bodies and non-governmental organisations, in particular those having recognised experience in disciplines related to the work of the Centre, as well as in other areas such as environmental protection, with dedicated networks and with the Advisory Forum, to cooperate on specific tasks. In addition, the Commission, the Member States or the Advisory Forum may propose experts, including experts from third countries, or representatives of professional or scientific bodies, or non-governmental organisations to be consulted by the Centre on an ad-hoc basis.
Article 19 Declaration of interest
1. The members of the Management Board, the members of the Advisory Forum, scientific panels and the director shall undertake to act in the public interest. 2. The members of the Management Board, the director, the members of the Advisory Forum, as well as external experts participating in scientific panels shall make a declaration of commitment and a declaration of interests indicating either the absence of any interests which might be considered prejudicial to their independence or any direct or indirect interests which might be considered prejudicial to their independence. Those declarations shall be made annually in writing. 3. The director, the members of the Advisory Forum, as well as external experts participating in scientific panels, shall declare at each meeting any interests which might be considered prejudicial to their independence in relation to the items on the agenda. In such cases these persons have to disqualify themselves from relevant discussions and decisions.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 19 Declaration of interest):
1. The members of the Management Board, the members of the Advisory Forum, scientific panels and the director shall undertake to act in the public interest. 2. The members of the Management Board, the director, the members of the Advisory Forum, as well as external experts participating in scientific panels shall make a declaration of commitment and a declaration of interests indicating either the absence of any interest which might be considered prejudicial to their independence or any direct or indirect interest which might be considered prejudicial to their independence. Those declarations shall be made annually in writing and shall be available to the public. 3. The director, the members of the Advisory Forum, as well as external experts participating in scientific panels, shall declare at each meeting any interests which might be considered prejudicial to their independence in relation to the items on the agenda. In such cases these persons have to disqualify themselves from relevant discussions and decisions.
Article 20 Transparency and protection of information
1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents ( 7 ) shall apply to documents held by the Centre. 2. The Management Board shall adopt the practical arrangements for implementing Regulation (EC) No 1049/2001 within six months of entry into force of this Regulation. 3. Decisions taken by the Centre pursuant to Article 8 of Regulation (EC) No 1049/2001 may give rise to the lodging of a complaint to the Ombudsman or form the subject of an action before the Court of Justice of the European Communities, under the conditions laid down in Articles 195 and 230 of the Treaty respectively. 4. Personal data shall not be processed or communicated except in cases where this is strictly necessary for the fulfilment of the mission of the Centre. In such cases, Regulation (EC) No 45/2001 of the European Parliament and of the Council of18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data ( 8 ) shall apply.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 20 Transparency and protection of information):
1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents ( 4 ) shall apply to documents held by the Centre. 2. The Management Board shall adopt the practical arrangements for implementing Regulation (EC) No 1049/2001 within six months of entry into force of this Regulation. 3. Decisions taken by the Centre pursuant to Article 8 of Regulation (EC) No 1049/2001 may give rise to the lodging of a complaint to the Ombudsman or form the subject of an action before the Court of Justice of the European Union, under the conditions laid down in Articles 228 and 230 of the Treaty on the Functioning of the European Union (TFEU), respectively.
Article 21 Confidentiality
1. Without prejudice to Article 20, the Centre shall not divulge to third parties confidential information that it receives for which confidential treatment has been requested and justified, except for information which must be made public if circumstances so require, in order to protect public health. Without prejudice to Decision No 2119/98/EC, if the confidential information has been submitted by a Member State, this information cannot be disclosed without the prior consent of that Member State. 2. Members of the Management Board, the director, as well as external experts participating in the scientific panels, members of the Advisory Forum, and members of the staff of the Centre, even after their duties have ceased, shall be subject to the requirements of confidentiality pursuant to Article 287 of the Treaty. 3. The conclusions of the scientific opinions delivered by the Centre relating to foreseeable health effects shall on no account be kept confidential. 4. The Centre shall lay down in its internal rules the practical arrangements for implementing the confidentiality rules referred to in paragraphs 1 and 2.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 21 Professional secrecy and confidentiality):
1. Without prejudice to Article 20, the Centre shall not divulge to third parties confidential information that it receives for which confidential treatment has been requested and justified, except for information which must be made public, if circumstances so require, in order to protect public health. If the confidential information has been submitted by a Member State, that information shall not be disclosed without the prior consent of that Member State. The Commission’s rules on security regarding the protection of EU classified information, laid down in Commission Decisions (EU, Euratom) 2015/443 ( 7 ) and (EU, Euratom) 2015/444 ( 8 ), shall apply to the work of the Centre and its staff. 2. Members of the Management Board, the director, members of the Advisory Forum, as well as external experts participating in the scientific panels and the staff of the Centre, even after their duties have ceased, shall be subject to the obligation of professional secrecy pursuant to Article 339 TFEU. 3. The conclusions of the scientific opinions delivered by the Centre relating to foreseeable health effects shall on no account be kept confidential. 4. The Centre shall lay down in its internal rules the practical arrangements for implementing the confidentiality rules referred to in paragraphs 1 and 2. 5. The Centre shall take all necessary measures to facilitate the exchange of information relevant to its tasks with the Commission, the Member States and, where appropriate, other Union institutions, Union bodies, offices and agencies, and international organisations and third countries, in accordance with appropriate working arrangements established with the Commission. 6. The Centre shall develop, deploy and operate an information system capable of exchanging classified and sensitive non-classified information as specified in this Article.
Article 22 Drawing-up of the budget
1. Estimates of all the revenue and expenditure of the Centre shall be prepared for each financial year, corresponding to the calendar year, and shall be shown in the budget of the Centre. 2. The revenue and expenditure shown in the budget of the Centre shall be in balance. 3. The revenue of the Centre shall, without prejudice to other resources, comprise: (a) a subsidy from the Community entered in the general budget of the European Union (Commission section); (b) payments received for services rendered; (c) any financial contributions from the competent bodies referred to in Article 5; (d) any voluntary contribution from the Member States. 4. The expenditure of the Centre shall include staff remuneration, administrative and infrastructure costs, operating expenses and expenses resulting from contracts entered into with the institutions or with third parties. 5. Each year the Management Board, on the basis of a draft drawn up by the director, shall produce an estimate of revenue and expenditure for the Centre for the following financial year. This estimate, which shall include a draft establishment plan, shall be forwarded by the Management Board to the Commission by 31 March at the latest. 6. The estimate shall be forwarded by the Commission to the European Parliament and the Council (hereinafter referred to as the “budgetary authority”) together with the preliminary draft budget of European Union. 7. On the basis of the estimate, the Commission shall enter in the preliminary draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Article 272 of the Treaty. 8. The budgetary authority shall authorise the appropriations for the subsidy to the Centre. The budgetary authority shall adopt the establishment plan for the Centre. 9. The budget of the Centre shall be adopted by the Management Board. It shall become final following final adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly. 10. The Management Board shall, as soon as possible, notify the budgetary authority of its intention to implement any project which may have significant financial implications for the funding of its budget, in particular any projects relating to property such as the rental or purchase of buildings. It shall inform the Commission thereof. Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Management Board within a period of six weeks from the date of notification of the project.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 22 Drawing-up of the budget):
1. Estimates of all the revenue and expenditure of the Centre shall be prepared for each financial year, corresponding to the calendar year, and shall be shown in the budget of the Centre. 2. The revenue and expenditure shown in the budget of the Centre shall be in balance. 3a Financing from the Union budget may be awarded to the Centre for the costs that it incurs in implementing its work programme established in conformity with the objectives and priorities of the work programmes adopted by the Commission in accordance with Regulation (EU) 2021/522 of the European Parliament and the Council ( 9 ), and the Research and Innovation programmes of the Union. That financing shall not cover expenditure already covered by the general budget of the Union or by any other resource of the Centre set out in paragraph 3 of this Article. 4. The expenditure of the Centre shall include staff remuneration, administrative and infrastructure costs, operating expenses and expenses resulting from contracts entered into with the institutions or with third parties. 5. Each year, on the basis of a draft drawn up by the director, the Management Board shall produce an estimate of revenue and expenditure for the Centre for the following financial year. That estimate, including a draft establishment plan, shall be included in the draft single programming document provided for in Article 14(5), point (e), of this Regulation. In accordance with Article 40 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council ( 10 ), by 31 January each year the Centre shall send to the European Parliament, the Council and the Commission its draft single programming document, as endorsed by its Management Board. 6. The estimate shall be forwarded by the Commission to the European Parliament and the Council (hereinafter referred to as the ‘budgetary authority’) together with the preliminary draft budget of European Union. 7. On the basis of the estimate, the Commission shall enter in the preliminary draft general budget of the Union the estimates it considers necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Article 314 TFEU. 8. The budgetary authority shall authorise the appropriations for the subsidy to the Centre. The budgetary authority shall adopt the establishment plan for the Centre. 9. The budget of the Centre shall be adopted by the Management Board. It shall become final following final adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly. 10. The Management Board shall, as soon as possible, notify the budgetary authority of its intention to implement any project which may have significant financial implications for the funding of its budget, in particular any projects relating to property such as the rental or purchase of buildings. It shall inform the Commission thereof. Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Management Board within a period of six weeks from the date of notification of the project.
Article 23 Implementation of the Centre’s budget
1. The director shall implement the Centre’s budget. 2. By 1 March at the latest following each financial year, the Centre’s accounting officer shall communicate the provisional accounts to the Commission’s accounting officer together with a report on the budgetary and financial management for that financial year. The Commission’s accounting officer shall consolidate the provisional accounts of the institutions and decentralised bodies in accordance with Article 128 of the Financial Regulation. 3. By 31 March at the latest following each financial year, the Commission’s accounting officer shall forward the Centre’s provisional accounts to the Court of Auditors, together with a report on the budgetary and financial management for that financial year. The report on the budgetary and financial management for that financial year shall also be forwarded to the European Parliament and the Council. 4. On receipt of the Court of Auditors' observations on the Centre’s provisional accounts, pursuant to Article 129 of the Financial Regulation, the director shall draw up the Centre’s final accounts under his/her own responsibility and forward them to the Management Board for an opinion. 5. The Management Board shall deliver an opinion on the Centre’s final accounts. 6. The director shall, by 1 July at the latest following each financial year, forward the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Management Board’s opinion. 7. The final accounts shall be published. 8. The director shall send the Court of Auditors a reply to its observations by 30 September at the latest. He/she shall also send this reply to the Management Board. 9. The director shall submit to the European Parliament, at the latter’s request, any information required for the smooth application of the discharge procedure for the financial year in question, as laid down in Article 146(3) of the Financial Regulation. 10. The European Parliament, on a recommendation from the Council acting by a qualified majority, shall, before 30 April of year N + 2, give a discharge to the director in respect of the implementation of the budget for year N.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 23 Implementation of the Centre’s budget):
1. The director shall implement the Centre’s budget. 2. By 1 March following each financial year, the Centre’s accounting officer shall communicate the provisional accounts to the Commission’s accounting officer together with a report on the budgetary and financial management for that financial year. The Commission’s accounting officer shall consolidate the provisional accounts of the institutions and decentralised bodies in accordance with Article 245 of Regulation (EU, Euratom) 2018/1046. 3. By 31 March at the latest following each financial year, the Commission’s accounting officer shall forward the Centre’s provisional accounts to the Court of Auditors, together with a report on the budgetary and financial management for that financial year. The report on the budgetary and financial management for that financial year shall also be forwarded to the European Parliament and the Council. 4. On receipt of the Court of Auditors’ observations on the Centre’s provisional accounts, pursuant to Article 246 of Regulation (EU, Euratom) 2018/1046, the director shall draw up the Centre’s final accounts under the director’s own responsibility and forward them to the Management Board for an opinion. The Centre shall inform the Commission without delay of cases of presumed fraud and other financial irregularities, of any completed or ongoing investigations by the European Public Prosecutor’s Office (EPPO) or the European anti-Fraud Office (OLAF), and of any audits or controls by the Court of Auditors or the Internal Audit Service (IAS), without endangering the confidentiality of the investigations. That obligation to inform the Commission is without prejudice to Article 24(1) of Council Regulation (EU) 2017/1939 ( 11 ). 5. The Management Board shall deliver an opinion on the Centre’s final accounts. 6. The director shall, by 1 July at the latest following each financial year, forward the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Management Board’s opinion. 7. The final accounts shall be published. 8. The director shall send the Court of Auditors a reply to its observations by 30 September. The director shall also send a copy of that reply to the European Parliament, the Council, the Commission and the Management Board. 9. The director shall submit to the European Parliament, at the latter’s request, any information required for the smooth application of the discharge procedure for the financial year in question, as laid down in Article 261(3) of Regulation (EU, Euratom) 2018/1046. 10. The European Parliament, on a recommendation from the Council acting by a qualified majority, shall, before 30 April of year N + 2, give a discharge to the director in respect of the implementation of the budget for year N.
Article 24 Application of the Financial Regulation
Article 185 of the Financial Regulation shall apply to the discharge of the Centre’s budget, its audits and accounting rules.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 24 Application of the Financial Regulation):
Article 70 of Regulation (EU, Euratom) 2018/1046 shall apply to the discharge of the Centre’s budget, its audits and accounting rules.
Article 25 Combating fraud
1. In order to combat fraud, corruption and other unlawful activities, the provisions of Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-fraud Office (OLAF) ( 9 ) shall apply without restriction to the Centre. 2. The Centre shall accede to the Inter-institutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-fraud Office (OLAF) ( 10 ) and shall issue, without delay, the appropriate provisions applicable to all of its staff. 3. The decisions concerning funding and the implementing agreements and instruments resulting therefrom shall explicitly stipulate that the Court of Auditors and OLAF may carry out, if necessary, on-the-spot checks of the recipients of the Centre’s funding and the agents responsible for allocating it.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 25 Combating fraud):
1. Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council ( 12 ) shall apply to the Centre without restriction. 2. The Centre shall accede to the Inter-institutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-fraud Office (OLAF) ( 13 ) and shall issue, without delay, the appropriate provisions applicable to all of its staff. 3. The decisions concerning funding and the implementing agreements and instruments resulting therefrom shall explicitly indicate that the EPPO may exercise its competences, including its competence to investigate, and that the Court of Auditors and OLAF may carry out, if necessary, on-the-spot checks of the recipients of the Centre’s funding and the agents responsible for allocating it, in accordance with their respective legal frameworks. 4. Without prejudice to paragraphs 1 to 3, working arrangements with third countries and with international organisations, grant agreements, grant decisions and contracts of the Centre shall grant the necessary rights and access required by the Court of Auditors, OLAF and the EPPO, in the exercise of their respective competences.
Article 26 Legal personality and privileges
1. The Centre shall have legal personality. In all Member States it shall enjoy the widest powers granted by law to legal persons. In particular, it may acquire and dispose of movable and immovable property and institute legal proceedings. 2. The Protocol on the privileges and immunities of the European Communities shall apply to the Centre.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 26 Legal personality and privileges):
1. The Centre shall be a body of the Union. It shall have legal personality. 1a. In each of the Member States, the Centre shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may, in particular, acquire or dispose of movable and immovable property and may be party to legal proceedings. 2. Protocol No 7 on the Privileges and Immunities of the European Union annexed to the Treaties shall apply to the Centre and its staff.
Article 27 Liability
1. The contractual liability of the Centre shall be governed by the law applicable to the contract in question. The Court of Justice of the European Communities shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Centre. 2. In the case of non-contractual liability, the Centre shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by it or its servants in the performance of their duties. The Court of Justice shall have jurisdiction in any dispute relating to compensation for such damage. 3. The personal liability of its servants towards the Centre shall be governed by the relevant provisions applying to the staff of the Centre.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 27 Liability):
1. The contractual liability of the Centre shall be governed by the law applicable to the contract in question. The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Centre. 2. In the case of non-contractual liability, the Centre shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by it or its servants in the performance of their duties. The Court of Justice shall have jurisdiction in any dispute relating to compensation for such damage. 3. The personal liability of its servants towards the Centre shall be governed by the relevant provisions applying to the staff of the Centre.
Article 28 Examination of legality
1. Member States, members of the Management Board and third parties directly and personally involved may refer to the Commission any act of the Centre, whether express or implied, for the Commission to examine the legality of that act. 2. Referral shall be made to the Commission within 15 days of the day on which the party concerned first became aware of the act in question. 3. The Commission shall take a decision within one month. If no decision has been taken within this period, the case shall be deemed to have been dismissed. 4. An action for annulment of the Commission’s explicit or implicit decision referred to in paragraph 3 to reject the administrative appeal may be brought before the Court of Justice in accordance with Article 230 of the Treaty.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 28 Examination of legality):
1. Member States, members of the Management Board and third parties directly and individually concerned may refer any act of the Centre, whether express or implied, to the Commission for examination of the legality of that act (‘administrative appeal’). 2. Any administrative appeal shall be made to the Commission within 15 days of the day on which the party concerned first became aware of the act in question. 3. The Commission shall take a decision within one month. If no decision has been taken within that period, the administrative appeal shall be deemed to have been dismissed. 4. An action for annulment of the Commission’s explicit or implicit decision referred to in paragraph 3 of this Article to dismiss the administrative appeal may be brought before the Court of Justice of the European Union in accordance with Article 263 TFEU.
Article 29 Staff
1. The staff of the Centre shall be subject to the rules and the regulations applicable to officials and other staff of the European Communities. 2. In respect of its staff, the Centre shall exercise the powers which have been devolved to the appointing authority. 3. Secondment to the Centre of public health experts, including epidemiologists, for a defined period of time, for the achievement of certain specified tasks of the Centre will be encouraged within the framework of existing regulations.
Article 30 Participation of third countries
1. The Centre shall be open to the participation of countries, which have concluded agreements with the Community by virtue of which they have adopted and apply legislation of equivalent effect to Community legislation in the field covered by this Regulation. 2. Arrangements shall be made under the relevant provisions of those agreements, specifying in particular the nature, extent and manner in which these countries are to participate in the Centre’s work, including provisions relating to participation in the networks operated by the Centre, inclusion in the list of competent organisations to which certain tasks may be entrusted by the Centre, financial contributions and staff.
Article 31 Review clause
1. By 20 May 2007, the Centre shall commission an independent external evaluation of its achievements on the basis of terms of reference issued by the Management Board in agreement with the Commission. The evaluation shall assess: (a) the possible need to extend the scope of the Centre’s mission to other relevant Community-level activities in the field of public health, in particular to health monitoring; and (b) the timing of further such reviews. This assessment shall take into account the tasks of the Centre, the working practices and the impact of the Centre on the prevention and control of human disease, and shall include an analysis of the synergy effects and the financial implications of such an extension. The evaluation shall take into account the views of the stakeholders, at both Community and national level. 2. The Management Board shall examine the conclusions of the evaluation and issue to the Commission such recommendations as may be necessary regarding changes in the Centre, its working practices and the scope of its mission. The Commission shall forward the evaluation report and the recommendations to the European Parliament and the Council and make them public. After assessment of the evaluation report and the recommendations, the Commission may submit any proposals for amendments to this Regulation which it deems necessary.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal As a building block of the European Health Union, this proposal reinforces the mandate of the European Centre for Disease Prevention and Control (‘the Centre’) addressing surveillance, preparedness, early warning and response under a strengthened EU health security framework. The COVID-19 pandemic has revealed shortcomings in Union mechanisms for managing health threats, which call for a more structured Union-level approach, which is also built on the European value of solidarity, to future health crises. This should include a reinforced role for the Centre. It should also take a One-Health approach, together with other relevant EU Agencies, to the issue, considering the interactions between humans, animals and the environment. The Centre’s mandate, established by Regulation (EC) No 851/2004 of the European Parliament and of the Council 1 , was adopted before the mechanisms and structures under the current EU health security framework under Decision 1082/2013/EU on serious cross-border threats to health 2 . Given the review of this framework, the Centre’s founding regulation needs to be amended, to ensure consistency with other Union instruments and with the proposal for an amending Regulation on serious cross-border threats to health. The review will also ensure that the Centre fully complies with the ‘common approach’ for decentralised agencies, as laid down in the ‘Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralized agencies’ 3 . 
Revised version (Article 31 Review clause):
2. By 2025, and every 5 years thereafter, the Commission shall commission an independent external evaluation of the Centre’s performance in relation to its objectives, mandate, tasks and procedures. That independent external evaluation shall be done on the basis of terms of reference, which shall, if necessary, be discussed with the Management Board. The independent external evaluation shall, in particular, address the possible need to amend the mandate of the Centre and the financial implications of any such amendment. The first evaluation shall examine the feasibility of extending the mandate of the Centre to address the impact of cross-border threats to health on non-communicable diseases. The Management Board shall examine the conclusions of the independent external evaluation and may issue recommendations, if necessary, to the Commission regarding changes in the Centre, its working practices and the scope of its mission. The Commission shall forward the evaluation report and the recommendations to the European Parliament and the Council. 3. On the basis of the independent external evaluation referred to in paragraph 2 or where it considers that the continued operation of the Centre is no longer justified with regard to its assigned objectives, mandate and tasks, the Commission may propose that the relevant provisions of this Regulation be amended accordingly. 4. The Commission shall report to the European Parliament, to the Council and to the Management Board, where relevant, on the recommendations of the Management Board and on the findings of its evaluations carried out under paragraphs 2 and 3. Those findings shall be made public.
Article 32 Commencement of the Centre’s operation
The Centre shall be operational by 20 May 2005.
Article 33 Entry into force
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union .