The Council of the EU had agreed to negotiate a legally binding international treaty on pandemics—an idea promoted by the president of the European Council and the WHO (see EUROPE 12714/12); however, it must take into account the results of the last extraordinary meeting of the World Health Assembly held at the end of 2021 (see EUROPE 12844/2, 12842/2).
As a result, work is underway so as to prepare the decision that will give the European Commission a mandate to negotiate, on behalf of the EU, “the conclusion of an international agreement on pandemic preparedness”, according to the title of this project seen by EUROPE.
Both the response to pandemics as a further purpose of this future international agreement and the negotiation of additional amendments to the International Health Regulations are still in brackets.
In December 2021, WHO Member States paved the way for an intergovernmental process to negotiate an international agreement on prevention, preparedness, and response to future pandemics (see EUROPE 12844/2).
The EU Council’s draft decision clearly specifies that the European Commission is expected to negotiate on matters falling within the competence of the European Union, as defined by the treaties.
By way of reminder, it states that, in the field of protecting and improving human health (including the fight against major global health scourges), EU action complements national policies and that Member States’ responsibilities to define their health policies and to organise and deliver health services and medical care should be fully respected throughout the negotiation process in accordance with Article 168(7) TFEU.
It is also stressed that the decision, when adopted, will be without prejudice to the division of powers between the EU and its Member States and without prejudice to Member States’ participation in the negotiations as defined by the treaties. (Original version in French by Aminata Niang)