Agreement on cross-border cooperation on health threats
European cooperation to be strengthened
CC – 07/2022
The European
Council and the European Parliament reached agreement in a trialogue on new EU
legislation on serious cross-border health threats: the last remaining piece of
legislation in the European Health Union legislative package is now close to
adoption. After more than 39 technical meetings and five trialogues, the
European Council and the European Parliament reached a provisional agreement on the proposed regulation on serious cross-border health
threats on 23 June. The regulation aims to establish a legal framework that
coordinates preparedness, monitoring, risk assessment and early warning
measures at European level.
EU preparedness plan for health crises and pandemics
In future, the
European Commission will draw up an EU plan for health crises and pandemics,
which will contain provisions on the exchange of information on early warning
and risk management between European and national authorities. This will be
prepared together with Member States, EU authorities and in accordance with the
WHO International Health Regulations. The respective pandemic plans of the EU
Member States remain in place; however, they are to coordinate with the
European Commission in creating a coherent framework. Stress tests and
simulation exercises are to be used to check and, if necessary, adjust the
preparedness and response plans.
Recognition of public health emergencies of European significance
It is also
envisaged that the European Commission can declare a Union-wide public health
emergency. This in turn leads to increased consensus between the EU and the
Member States. The state of emergency is declared on the basis of risk
assessments by the Advisory Committee on Public Health Emergencies. The
European Parliament has worked to ensure that the One Health approach is
reflected in the legislative text. Thus, in addition to infectious disease
crises, the legal act also includes environmental, biological and food crises.
More opportunities for the European Parliament to participate
There was also an
agreement on the transparency and participation opportunities of the European
Parliament which had previously been criticised for being below par. In the
negotiations, the members of parliament (MEPs) managed to secure a seat on the Health Security
Committee (HSC). The Committee may adopt opinions and guidelines on
precautionary and control measures in response to health threats. In the event
of a vote on guidelines, the HSC shall decide by a two-thirds majority.
Stockpiling of medicinal products and medical devices
There is
also a compromise on the joint procurement and stockpiling of medicinal
products and medical devices. The European Parliament has succeeded in
preventing Member States from conducting parallel procurement negotiations and
buying the same products at EU level at the same time. Similarly, the European
Commission will be required to give MEPs access to joint procurement contracts,
but subject to the very vague restriction of "adequate protection of
commercial confidentiality, commercial relations and the interests of the
Union". New rules also stipulate that the European Commission will
evaluate HERA, the new European Health Emergency Response Authority, by 2024. Thus, the European Commission should assess
whether HERA should become a body independent of the European Commission, in
contrast to the current situation.
The European Council and
the European Parliament still have to formally confirm their agreement after
the summer break. The Committee on Environment, Public Health and Food Safety (ENVI) already voted
in favour of the agreement by a large majority on 12 July. The Regulation shall
enter into force 20 days
after its publication in the Official Journal of the European Union.