The Irish Presidency has prepared a new document CIG 79/04, dated 10 June 2004 on the progress of the IGC negotiations based on the comments and discussions from the EU Foreign Minister’s meetings on 17-18 and 24 May 2004.
The Presidency states that the new draft document includes some additional points on which there now appears to be broad consensus and a series of purely technical/legal adjustments. The new draft text is designed to prepare the Foreign Ministers meeting on 14 June 2004 and to ensure that no fundamental problems remain, and to avoid further discussion on these issues at the meeting of the IGC at the level of Heads of State or Government on 17/18 June.
The document identifies changes or amendments in bold and the Presidency has used the option of having a Declaration annexed to the Treaty with additional commentary to specific Articles.
In terms of Public Health there are no changes to Part I, Preamble with health issues confusingly shared between two comptencies: a shared EU-Member States responsibility and a more limited supporting role for the EU. Article 179 in Part III on EU policies is left to define the differences between the two types of activities.
Article I-13, Areas of shared competence
Shared competence applies in the following principal areas:
(k) common safety concerns in public health matters, for aspects defined in Part III.
Article I-16, Areas of supporting competence
The Union shall have competence to carry out supporting, coordinating or complementary action. Such action shall, at European level, be:
(a) protection and improvement of human health;
Part III, EU policies
Article III-2, Gender mainstreaming, (Annex 1, p.5)
In all the activities referred to in this Part, the Union shall aim to eliminate inequalities, and to promote equality, between men and women.
Declaration for incorporation in the Final Act re Article III-2
The Conference agrees that, in its general efforts to eliminate inequalities between men and women, the Union shall will aim in its different policies to combat all kinds of domestic violence. The Member States should take all necessary measures to prevent and punish these criminal acts and to support and protect the victims.
Article III-2a Social clause, (Annex 26, p. 39)
In defining and implementing the policies and actions referred to in this Part, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.
Article III-6, Services of General Interest, (Annex 37, p. 57)
Without prejudice to Articles I-5, III-55, III-56 and III-136, and given the place occupied by services of general economic interest as services to which all in the Union attribute value as well as their role in promoting social and territorial cohesion, the Union and the Member States, each within their respective (competences - this word is replaced by) powers and within the scope of application of the Constitution, shall take care that such services operate on the basis of principles and conditions, in particular economic and financial, which enable them to fulfil their missions. European laws shall define these principles and conditions without prejudice to the competence of Member States, in compliance with the Constitution, to provide, to commission and to fund such services.
Article III-107, Social Security, (Annex 27, p.40)
Declaration for incorporation in the Final Act re Article III-107
The Conference confirms that the policies described in Article III-107, without prejudice to the other provisions of the Constitution, fall essentially within the competence of the Member States. Measures to provide encouragement and promote coordination to be taken at Union level in accordance with this Article shall be of a complementary nature. They shall serve to strengthen cooperation between Member States and not to harmonise national systems. The guarantees and practices existing in each Member State as regards the responsibility of the social partners will not be affected.
Article III-146, Technological research and development, (Annex 30, p.40)
1. The Union’s action shall aim to strengthen its scientific and technological bases, by achieving a European research area in which researchers, scientific knowledge and technology circulate freely, and encourage it to become more competitive, including in its industry, while promoting all the research activities deemed necessary by virtue of other Chapters of the Constitution.
Declaration for incorporation in the Final Act re Article III-146
The Conference agrees that the Union’s action in the area of research and technological development will pay due respect to the fundamental orientations and choices of the research policies of the Member States.
Article III-179, Public Health, (Annex 32, p. 47)
1. A high level of human health protection shall be ensured in the definition and implementation of all the Union’s policies and activities.
Action by the Union, which shall complement national policies, shall be directed towards improving public health, preventing human illness and diseases, and obviating sources of danger to physical and mental health. Such action shall cover:
(a) the fight against the major health scourges, by promoting research into their causes, their transmission and their prevention, as well as health information and education;
(b) monitoring, early warning of and combating serious cross-border threats to health.
The Union shall complement the Member States’ action in reducing drugs-related health damage, including information and prevention.
2. The Union shall encourage cooperation between the Member States in the areas referred to in this Article and, if necessary, lend support to their action. It shall in particular encourage cooperation between the Member States to improve the complementarity of their health services in cross-border areas.
Member States shall, in liaison with the Commission, coordinate among themselves their policies and programmes in the areas referred to in paragraph 1. The Commission may, in close contact with the Member States, take any useful initiative to promote such coordination, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.
3. The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of public health.
4. By way of derogation from Article I-11(5) and Article I-16(a) and in accordance with Article I-3(2)(k), European laws or framework laws shall contribute to the achievement of the objectives referred to in this Article by establishing the following measures in order to meet common safety concerns:
(a) measures setting high standards of quality and safety of organs and substances of human origin, blood and blood derivatives; these measures shall not prevent any Member State from maintaining or introducing more stringent protective measures;
(b) measures in the veterinary and phytosanitary fields which have as their direct objective the protection of public health;
(c) measures setting high standards of quality and safety for medical products and devices for medical use;
(d) measures concerning monitoring, early warning of and combating serious cross-border threats to health.
European laws or framework laws shall be adopted after consultation of the Committee of the Regions and the Economic and Social Committee.
5. European laws or framework laws may also establish incentive measures designed to protect and improve human health and in particular to combat the major cross-border health scourges, as well as measures which have as their direct objective the protection of public health regarding tobacco and the abuse of alcohol, (these European laws or framework laws cannot provide for - this phrase has been deleted!) excluding any harmonisation of the laws and regulations of the Member States. They shall be adopted after consultation of the Committee of the Regions and the Economic and Social Committee.
6. (unchanged)
7. Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care. The responsibilities of the Member States shall include the management of health services and medical care and the allocation of the resources assigned to them. Measures referred to in paragraph 4(a) shall not affect national provisions on the donation or medical use of organs and blood.
