The Slovenian Presidency of the Council of the EU sent to the national delegations on Thursday 11 November a first compromise proposal on the European framework of measures that will apply in the future to respond to cross-border health emergencies (see EUROPE 12792/24).
The changes suggested by Ljubljana - a copy of which EUROPE has obtained - concern, first of all, the conditions for activating future emergency measures. Indeed, it would seem that the EU27 are keen to take a number of precautions in this regard.
In particular, they could require the European Commission to provide them with a summary of the criteria it uses to propose the activation of emergency measures, as well as an analysis of the impact, subsidiarity, proportionality and financial implications of each of the measures that could be activated.
Period of application
Some clarifications are also expected to be introduced concerning the period of application of the emergency framework, which can be activated for a maximum of 6 months, renewable.
In the original version of the Regulation, it was suggested that the European Commission should submit a report to the EU Council, at the latest 1 week before the expiry of the application period, assessing the need to extend the emergency measures.
However, the EU Council could request that the report be submitted no later than 3 weeks before the expiry of the application period and call on the European Commission to prepare the report in consultation with the Health Crisis Board.
This body will bring together a representative from each State and, as its name suggests, will be convened in the event of a health crisis to “ensure coordination of action by the Council, the Commission, the relevant Union agencies and bodies, and the Member States to ensure the supply of and access to medical countermeasures”.
Crisis Board
The draft compromise specifies that the chair of the Crisis Board should be held by the European Commission and the Member State holding the rotating Presidency of the EU Council. It further requires that members of the Crisis Board, as well as the observers and external experts who will participate in its meetings, make a declaration of commitment and a declaration of interests indicating any direct or indirect interest which may be prejudicial to their independence.
The decisions to be taken by the Crisis Board will then guide the implementation of emergency measures: the purchase and manufacture of medical countermeasures, support for research and innovation, the inventory of available medical countermeasures and raw materials, and activation of emergency funding.
In light of the draft compromise, it would appear that discussions will continue among the EU27 on the procedure to be followed in the event that the European Commission needs to implement one of these measures as a matter of urgency without waiting for the green light from the Crisis Board. Several options are still on the table in this regard.
Similarly, there are still concerns about the decision-making process that will have to be adopted to implement joint procurement of medical countermeasures and to inventory their production. EUROPE will continue to follow this story. (Original version in French by Agathe Cherki)