On the draft Council decision inviting Member States to accept, in the interest of the European Union, the amendments to the International Health Regulations (2005) contained in the Annex to Resolution WHA77.17 and adopted on 1 June 2024

(17046/2024 – C100005/2025 – 2024/0299(NLE))

(Consent)

The European Parliament,

–having regard to the draft Council decision (17046/2024),

–having regard to the request for consent submitted by the Council in accordance with Article 168(5) and Article 218(6)(a), sub-points (iii) and (v), of the Treaty on the Functioning of the European Union (C100005/2025),

–having regard to Rule 107(1) and (4) of its Rules of Procedure,

–having regard to the recommendation of the Committee on Public Health (A10-0064/2025),

1.Gives its consent to the draft Council decision;

2.Instructs its President to forward its position to the Council and the Commission.

The International Health Regulations (2005) are the primary instrument under international law to notify the World Health Organization (WHO) of disease outbreaks, and defining the Parties’ rights and obligations in handling public health events and emergencies that have a cross-border potential. They are legally binding for 196 countries.

In light of the experience of the COVID-19 pandemic, in January 2022, the Executive Board of WHO, through decision EB150(3), urged Member States to take all appropriate measures to consider potential amendments to the International Health Regulations (2005), to strengthen the global preparedness and response capacity to public health emergencies.

Amongst other, the amendments have introduced a “pandemic emergency”, which constitutes the highest level of global alert that the Director-General may issue.

They imply the issuance of Temporary Recommendations to States Parties – which, by definition, are not legally binding – to guide them in preparing for and responding to the Public Health Emergency of International Concern (PHEIC). They also enshrine the principle of solidarity and equity through increased cooperation between the Member States themselves, as well as with WHO, and set up a coordinating financial mechanism for more efficient use of funds to build up the core capacities needed for the IHR.

Countries are better supported by WHO when investigating undetermined disease outbreaks and the WHO’s publication of information on events that threaten public health is simplified. Furthermore, the amendment package includes provisions on possible recommendations by WHO on the availability and distribution of relevant healthcare products, the maintenance of essential supply chains, the travel possibilities by healthcare staff, and the possibility of using digital proof in healthcare crises.

This Decision does not make use of the possibility for the Union to exercise its external competence concerning areas in relation to which Union rules do not already exist. The Member States remain competent in respect of the matters covered by the amendments, as far as the amendments do not affect Union rules or alter the scope thereof, including foreseeable future developments of those rules. In addition, Member States remain solely responsible for the definition of their health policy and for the organisation and delivery of health services and medical care, in accordance with Article 168(7) TFEU. Furthermore, this Decision does not create additional financial obligations for Member States. None of the amendments is contrary to Union law, and it is therefore not necessary to make reservations in respect of the amendments falling within the competence of the Union.

The Union needs to be ready for more effective independent actions, but needs to also be ready to cooperate with international partners. Only within the framework of international cooperation, future global health threats can be prevent and mitigated effectively.

The Rapporteur welcomes the finalization of the IHR amendments negotiations by the Commission, and supports the Council Decision inviting Member States to accept, in the interest of the European Union, the amendments to the International Health Regulations (2005).

The rapporteur declares under his exclusive responsibility that he did not receive input from any entity or person to be mentioned in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.