Article III-278 (#)

1. A high level of human health protection shall be ensured in the definition and implementation of
all the Union's policies and activities.
Action by the Union, which shall complement national policies, shall be directed towards improving
public health, preventing human illness and diseases, and obviating sources of danger to physical and
mental health. Such action shall cover:
(a) the fight against the major health scourges, by promoting research into their causes, their
transmission and their prevention, as well as health information and education;
(b) monitoring, early warning of and combating serious cross-border threats to health.
The Union shall complement the Member States' action in reducing drugrelated health damage,
including information and prevention.
2. The Union shall encourage cooperation between the Member States in the areas referred to in
this Article and, if necessary, lend support to their action. It shall in particular encourage cooperation
between the Member States to improve the complementarity of their health services in crossborder
areas.
Member States shall, in liaison with the Commission, coordinate among themselves their policies and
programmes in the areas referred to in paragraph 1. The Commission may, in close contact with the
Member States, take any useful initiative to promote such coordination, in particular initiatives
aiming at the establishment of guidelines and indicators, the organisation of exchange of best
practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The
European Parliament shall be kept fully informed.
3. The Union and the Member States shall foster cooperation with third countries and the
competent international organisations in the sphere of public health.

4. By way of derogation from Article I12(5) and Article I17(a) and in accordance with Article I14
(2)(k), European laws or framework laws shall contribute to the achievement of the objectives
referred to in this Article by establishing the following measures in order to meet common safety
concerns:
(a) measures setting high standards of quality and safety of organs and substances of human origin,
blood and blood derivatives; these measures shall not prevent any Member State from
maintaining or introducing more stringent protective measures;
(b) measures in the veterinary and phytosanitary fields which have as their direct objective the
protection of public health;
(c) measures setting high standards of quality and safety for medicinal products and devices for
medical use;
(d) measures concerning monitoring, early warning of and combating serious cross-border threats to
health.
Such European laws or framework laws shall be adopted after consultation of the Committee of the
Regions and the Economic and Social Committee.
5. European laws or framework laws may also establish incentive measures designed to protect and
improve human health and in particular to combat the major crossborder health scourges, as well as
measures which have as their direct objective the protection of public health regarding tobacco and
the abuse of alcohol, excluding any harmonisation of the laws and regulations of the Member States.
They shall be adopted after consultation of the Committee of the Regions and the Economic and
Social Committee.
6. For the purposes of this Article, the Council, on a proposal from the Commission, may also
adopt recommendations.
7. Union action shall respect the responsibilities of the Member States for the definition of their
health policy and for the organisation and delivery of health services and medical care. The
responsibilities of the Member States shall include the management of health services and medical
care and the allocation of the resources assigned to them. The measures referred to in paragraph 4(a)
shall not affect national provisions on the donation or medical use of organs and blood.