On 24 May 2005 the Council (GAERC), in its formation of Development Ministers, adopted the conclusions in Annex I.

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COUNCIL OF THE EUROPEAN UNION Brussels, 24 May 2005 9278/05 DEVGEN 92 RELEX 257 SAN 74 ONU 61 ACP 73 NOTE from : General Secretariat dated 24 May 2005 No. prev. doc. : 9085/05 DEVGEN 88 RELEX 238 SAN 62 ONU 57 ACP 69 + ADD 1 No. Cion prop. : 8689/05 DEVGEN 77 RELEX 211 SAN 48 ONU 51 ACP 60 Subject : A European programme for action to confront HIV/AIDS, malaria and tuberculosis through external action - Council conclusions On 24 May 2005 the Council (GAERC), in its formation of Development Ministers, adopted the conclusions in Annex I. The Statement in Annex II was entered into the minutes of this Council's session. 9278/05 ATR/kl 1 DG E II EN

ANNEX I COUNCIL CONCLUSIONS ON A EUROPEAN PROGRAMME FOR ACTION TO CONFRONT HIV/AIDS, MALARIA AND TUBERCULOSIS THROUGH EXTERNAL ACTION RECALLING the objectives set out in the UN 2000 Millennium Declaration and RECONFIRMING, in particular, the commitments made with respect to confront HIV/AIDS, malaria and tuberculosis as expressed in the Millennium Development Goals (MDGs); RECONFIRMING further the Declaration of Commitments on HIV/AIDS adopted by the UNGASS on HIV/AIDS, signalling the emergence of a response needed to be successful in the fight against HIV/AIDS; RECALLING the targets defined at the African Summit on Roll Back Malaria in April 2000 in Abuja and the targets endorsed by the World Health Assembly in May 2000 to confront tuberculosis; REAFFIRMING the Programme of Action of the International Conference on Population and Development, held in Cairo in 1994, and key actions for the further implementation of the Cairo Programme for Action adopted by the 21st Special Session of the United Nations General Assembly (UNGASS) in July 1999 and the commitments confirmed at ICPD + 10; RECALLING the European Council Conclusions of 16-17 December 2004 1, which reiterated the importance of implementation of the Cairo/ICPD Agenda and the fight against HIV/AIDS for achieving the MDGs, and RECOGNISING the benefits of supporting the full integration of HIV prevention efforts with reproductive health services; 1 Brussels European Council of 16-17 December 2004, Presidency Conclusions, point 66 (doc. 16238/1/04 REV 1). 9278/05 ATR/kl 2

REAFFIRMING the Beijing Platform for Action (1995), the further actions and initiatives to implement the Beijing Declaration and the Platform for Action adopted at the 23rd special session of the United Nations General Assembly in June 2000, and the declaration adopted at the 49th session of the Commission on the status of women, and STRESSING the importance of a gendersensitive response to the three diseases; REAFFIRMING the Dublin Declaration on Partnership to fight HIV/AIDS in Europe and Central Asia, adopted at the Conference "Breaking the Barriers - Partnership to fight HIV/AIDS in Europe and Central Asia" (Dublin, 23-24 February 2004) and the Vilnius Declaration on Measures to Strengthen Responses to HIV/AIDS in the European Union and in Neighbouring Countries, adopted at the International Inter-ministerial Meeting on Combating HIV/AIDS (Vilnius, 16-17 September 2004); WELCOMING the Abuja High-Level Forum on the Health MDGs (December 2004), and the recommendations of the Oslo Meeting Overcoming the Crisis (February 2005), which emphasised the importance of national human resource plans backed by coordinated and supported regional and global platforms for action; WELCOMING the "Framework for the Protection, Care and Support of Orphans and Vulnerable Children Living in a World with HIV/AIDS", adopted in July 2004 by several UN organisations, bilateral donors and NGOs, as a useful reference for addressing needs of such children; RECALLING the Second progress report on the EC Programme for Action (2001-2006) and its analysis of areas where progress has been made and issues that require new or reinforced efforts by the EU 2, the Communication from the Commission to the Council and the European Parliament on a Coherent European Policy Framework for External Action to Confront HIV/AIDS, Malaria and Tuberculosis 3 and the Council conclusions of November 2004 4 ; 2 Second progress report on the EC Programme for action: Accelerated action on HIV/AIDS, malaria and tuberculosis in the context of poverty reduction (doc. 14245/05 ADD 1 - SEC(2004) 1326) 3 Communication from the Commission to the Council and the European Parliament on A Coherent European Policy Framework for External Action to Confront HIV/AIDS, Malaria and Tuberculosis (TB) (doc. 14245/04 - COM(2004) 726) 4 Council conclusions on a Coherent European Policy Framework for External Action to Confront HIV/AIDS, Malaria and Tuberculosis (doc. 15158/04) 9278/05 ATR/kl 3

WELCOMING the Three Ones principles 5 for the response to HIV/AIDS with its emphasis on one action framework, one co-ordinating authority and one monitoring and evaluation system, RECOGNISING the need for further harmonisation around country-led strategies to confront the three diseases, and RECOGNIZING the value of extending the Three Ones principles beyond HIV/AIDS; RECALLING the Council Conclusions on the report of the Ad Hoc Working Party on harmonisation 6, which endorsed the report 7 in its conclusions that HIV/AIDS is a good example of close cooperation among EU Member States and the EC; RECALLING the Paris Declaration on Aid Effectiveness, Ownership, Harmonisation, Alignment, Results and Mutual Accountability adopted at the High-Level Forum in Paris (28 February-2 March 2005) and RECONFIRMING the EU commitments on this occasion; RECALLING the informal meeting of Development Cooperation Ministers 8, where Ministers stressed the importance of an integrated approach to HIV/AIDS, with a balanced policy mix between prevention, treatment, care and research, as well as the importance of capacity building in those areas, including access to treatment; and RECOGNIZING that such an integrated approach should be used for the three diseases; 5 6 7 8 The Three Ones key principles identified at the International Conference on AIDS and STIs in Africa (ICASA), held in Nairobi in September 2003, are the following: One agreed HIV/AIDS Action Framework that provides the basis for coordinating the work of all partners; One National AIDS Coordinating Authority, with a broad based multi-sector mandate; One agreed country level Monitoring and Evaluation System. Council Conclusions of 23 November 2004 (doc. 15159/04) Report of the AHWPH: "Advancing Coordination, Harmonisation and Alignment: the contribution of the European Union" Informal Meeting of Development Cooperation Ministers (Luxembourg, 14-15 February 2005) 9278/05 ATR/kl 4

THE COUNCIL OF THE EUROPEAN UNION 1. WELCOMES the Communication from the Commission to the Council and the European Parliament on a European Programme for Action (PfA) to Confront HIV/AIDS, Malaria and Tuberculosis through External Action 9 as the basis for a continued, concerted and strong EU response and action to confront HIV/AIDS, malaria and tuberculosis in all partner countries as well as at global level; 2. CALLS on the EU and its Member States to mainstream and integrate their response to HIV/AIDS and, where appropriate, to malaria and tuberculosis into all relevant sectors at country level; 3. CALLS on the EU and its Member States to recognise the need for health to be treated as an exceptional case in public-sector reform programmes and to step up their efforts to confront HIV/AIDS, malaria and tuberculosis, using all relevant policies and instruments, including through enhanced cooperation as proposed in the PfA, and INVITES the Commission and the Member States to establish a roadmap for joint actions; 4. URGES the Commission and the Member States to enhance their co-operation and coordination in the fight against HIV/AIDS, tuberculosis and malaria and in the full implementation of the Cairo/ICPD +10 agenda ensuring that Sexual and reproductive health and rights are an essential component of HIV and AIDS prevention and that AIDS prevention and Sexual and Reproductive Health and Rights (SRHR) activities are integrated where appropriate; 5. ENDORSES the principles for country strategies to confront the three diseases established in the PfA which emphasise country ownership and leadership and the need for governments to involve civil society, including people living with the diseases, in the design, implementation and monitoring of such strategies ; 9 Doc. 8689/05 - COM(2005) 179 final 9278/05 ATR/kl 5

6. UNDERLINES, within the overall processes for harmonisation and alignment, the need for the proposed joint actions between the Commission and the Member States at country level with a view to strengthening the political and policy dialogue with partner countries on key issues, including in the context of Poverty Reduction Strategy (PRS) process; providing resources to confront the three diseases, including through support to PRS with a strong focus on achieving the MDGs and through highly cost-effective interventions likely to yield rapid results; building capacity in partner countries for all areas of the integrated response to the three diseases (prevention, treatment, care and research), particularly through the development of health systems, including procurement policies and practices for pharmaceutical products and commodities, as well as on joint monitoring and reporting, and sharing expertise and resources for technical assistance between EU donors; 7. UNDERLINES likewise the need for the proposed joint actions between the Commission and the Member States at global level, in particular, to strengthen regulatory capacity in partner countries, including through regional cooperation; to cooperate with the African Union and the New Partnership for Africa s Development (NEPAD) in finding solutions to the human resource crisis with respect to health providers in many African countries; and to support the research and development of new tools and interventions to confront the three diseases, in partnership with the European and Developing Countries Clinical Trials Partnership (EDCTP) and public-private partnerships (PPPs) focusing on the development of priority tools; as well as the key role of the EU at global level in terms of promoting an integrated approach to the fight against the three diseases, including through reliable access to safe, high quality and affordable pharmaceuticals, SRH commodities and other health commodities and ensuring a strong EU voice on key international agreements including gender equality, children s rights, SRHR, education and intellectual property rights and public health; 9278/05 ATR/kl 6

8. URGES the Commission and the Member States to implement the actions at country and global level in partnership with other donors, UN organisations such as WHO, UNAIDS, UNFPA and UNICEF and with global initiatives, including the Global Fund to Fight AIDS, Tuberculosis and Malaria (GFATM), Roll-back Malaria and Stop TB, and public-private partnerships; 9. UNDERLINES the importance of EC action at country level, in particular to provide resources for confronting HIV/AIDS, malaria and tuberculosis through appropriate mechanisms; to contribute to capacity building on pharmaceutical policy, taking into account its link with strategies on prevention and access to treatment and; to promote human security, e.g. through a thorough analysis of the impact of the three diseases on human security to develop an adequate EU response, through improved training and preparedness for participants in emergency operations, conflict resolution, peace keeping, and post conflict operations and through measures to promote increased safety in schools; 10. EXPRESSES the readiness of the EU and its Member States to support innovative responses to the human resources crisis and INVITES the Commission to present by 2006 a policy document proposing an EU strategy to address the human resources crisis for health providers within the broader health context; 11. WELCOMES the Commission's intention to adopt a specific strategy to confront HIV/AIDS within the EU and in its neighbouring countries; 12. In order to fill the financial gap and scale up interventions regarding the three diseases, URGES the Member States and the Commission to ensure, together with other donors, longterm, adequate funding of the proposed actions by allocating substantially increased, predictable resources from existing financial sources, as well as through the use of innovative financing mechanisms where appropriate; and, specifically, INVITES the Commission to make available adequate resources to implement the PfA; 9278/05 ATR/kl 7

13. ENCOURAGES the Member States and the Commission to continue to demonstrate their commitment and leadership in supporting the Global Fund to fight HIV/AIDS, Tuberculosis, and Malaria and to contribute, together with other donors to ensure its full financing through the ongoing replenishment process; 14. INVITES the Commission and the Member States to monitor and report jointly and in a comprehensive manner on the implementation, outputs and impact of the PfA in 2008 and 2010, as specified in the Communication; 15. INVITES the EU and its Member States to prepare a strong EU contribution to the UNGASS on HIV/AIDS in June 2005 and to the High Level UN summit in September 2005 to review the implementation of the MDGs. 9278/05 ATR/kl 8

ANNEX II STATEMENT BY MALTA Malta reiterates its position that any recommendation made by the European Union related to development assistance should not in any way create an obligation on any party to consider abortion as a legitimate form of reproductive health or rights or commodities. 9278/05 ATR/kl 9 ANNEX II DG E II EN