The Health Security (EU Exit) Regulations 2021

Arrangements with the European Union under the Health Security chapter of the TCA

13.—(1) Where the UK focal point has been notified of an alert under regulation 10(1) it must, upon being satisfied that there exists a relevant threat, notify the EU focal point of that threat.

(2) Where the EU focal point has notified the UK focal point that there is a relevant threat, the UK focal point, upon being satisfied as to its existence as a relevant threat, must from that time notify each UK public health agency of that threat without delay and in any event within 24 hours.

(3) Where the UK focal point—

(a) has notified the EU focal point of a relevant threat under paragraph (1); or

(b) is satisfied as to the existence of a relevant threat of which notification has been given by the EU focal point under paragraph (2),

the Secretary of State may make a written request to the European Commission for access to the EWRS.

(4) Where the request in paragraph (3) is accepted, the UK focal point must provide through the EWRS any available information which may be used to assess public health risks and to coordinate public health measures in relation to the relevant threat.

(5) Where invited by the European Commission, the Secretary of State may participate in any committee (“the European Committee”) established within the European Union and composed of representatives of member States for the purposes of supporting the exchange of information and of coordination in relation to the relevant threat.

(6) The arrangements in paragraphs (4) and (5), where applicable, apply on a temporary basis, and in any event for no longer than the period that the Secretary of State or the European Commission, having consulted each other, consider necessary for the purposes of dealing with the relevant threat.

(7) If there is a change in the identity of the person designated as the UK focal point, the Secretary of State must notify the European Commission of the identity of the new UK focal point.

(8) The Secretary of State and the UK focal point must observe all applicable conditions for the use of the EWRS and the rules of procedure of the European Committee for the period of access granted in respect of the relevant threat.

(9) If the Secretary of State considers that the conditions or rules of procedure cannot be accepted, the Secretary of State may withdraw the United Kingdom’s participation in the EWRS or its participation in the European Committee, as the case may be, in respect of the relevant threat.

(10) The Secretary of State must cooperate with the European Centre for Disease Prevention and Control(1) on technical and scientific matters of mutual interest to the United Kingdom and the European Union and, to that end, may conclude a memorandum of understanding.

(11) In this regulation—

“European Commission” means the institution of the European Union with that name(2) and references in this regulation to the European Commission include such person or persons as the European Commission may specify by written notice to the Secretary of State;

“EU focal point” means the focal point for the European Union designated by the European Union for the purposes of Title 1 of Part 4 of the TCA and notified to the United Kingdom(3);

“EWRS” means the Early Warning and Response System operated by the European Union in respect of serious cross-border health threats affecting the European Union(4);

“relevant threat” means a serious cross-border health threat referred to in regulation 5(1)(a).

(1)

The European Centre for Disease Prevention and Control is established by Regulation (EU) 851/2004.

(2)

See Article 13 of the Treaty on European Union (OJ N C 326, 26.10.2012, p13).

(3)

This is entitled “Thematic Cooperation Title I: Health Security Article 702: Cooperation on health security”. The European Commission is currently designated as the EU focal point.

(4)

See Article 8 of Regulation (EC) 851/2004.