Select Committee on European Legislation Eighteenth Report


EPIDEMIOLOGICAL SURVEILLANCE OF COMMUNICABLE DISEASES

3.   We have given further consideration to the first two of the following on the basis of further information from the Government. We maintain our opinion[5] that they raise questions of legal and political importance, but now make no recommendation for their further consideration. We consider that the third of the following raises questions of legal and political importance, but make no recommendation for its further consideration:--

Department of Health

(17076)
5951/96
COM(96)78
(i)  Commission Communication on communicable disease surveillance networks in the European Community.
(ii)  Draft Decision on creating a network for the epidemiological surveillance and control of communicable diseases in the European Community.
(17903)
5832/97
COM(97)31
Amended draft Decision creating a network for the epidemiological surveillance and control of communicable diseases in the European Community.
(17957)
--
Amended draft Decision creating a network for the epidemiological surveillance and control of communicable diseases in the European Community. (Further amended in Council Health Working Group).
Legal base: Article 129; co-decision; qualified majority voting.

  Introduction

    3.1  The purpose of the proposal is to put into permanent communication with one another those responsible in individual Member States for the epidemiological surveillance of communicable diseases and the competent authorities responsible for control measures.

    3.2  On 12 March we considered the proposal as amended by the Commission following the European Parliament's First Reading. We noted that the Minister for Health (Mr Malone) in his Explanatory Memorandum (dated 11 March) reiterated the concerns he had expressed in April 1996 and that he appeared to have made no impact on the text which had given rise to these concerns.

  The document and the Government's view

    3.3  The Minister has now forwarded an unofficial text which he says is unlikely to change in significant detail before the Health Council meets in June and can therefore be regarded as the draft Common Position text. Commenting on it he says:

      "The text, as amended by the Irish and Dutch Presidencies, meets the UK's concerns. The structure and function of the network has now been clarified. As far as the scope of Article 129 is concerned, the Council Legal Service's advice is that, although the proposal places certain duties on Member States, it does not constitute a harmonisation of their laws and regulations and is, therefore, compatible with the concept of 'incentive measures' within the meaning of Article 129. The Presidency text limits these obligations on Member States to informing and consulting each other and to co-operating and co-ordinating their efforts in prevention and control of communicable diseases, language entirely consistent with the language of the Treaty. The Presidency text also makes clear the Member States are not obliged to harmonise their laws or procedures, distinguishes between disease surveillance and control measures, and makes explicit that the measures to be taken remain the responsibility of Member States."

  Conclusion

    3.4  The Minister has now demonstrated that the Government has indeed worked effectively to ensure that the proposal does not give rise to concern, particularly over the legal base. Given his assurance that the text is unlikely to change significantly, we are now clearing the document on the basis of the unofficial version now before us.


5.(17903) 5832/97; see HC 36-xvii (1996-97), paragraph 2 (12 March 1997). Back

 
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Prepared 27 March 1997