Implementing decision 2019/1765 - Commission Implementing Decision 2019/1765 providing the rules for the establishment, the management and the functioning of the network of national authorities responsible for eHealth, and repealing Implementing Decision 2011/890/EU (notified under document C(2019) 7460) - Main contents

EN

Official Journal of the European Union

L 270/83

Article 14 of Directive 2011/24/EU assigned the Union to support and facilitate cooperation and the exchange of information among Member States working within a voluntary network connecting national authorities responsible for eHealth (the ‘eHealth Network’) designated by the Member States.

Commission Implementing Decision 2011/890/EU (2) provides rules for the establishment, the management and the functioning of the eHealth Network.

That decision does not at the moment provide appropriate rules with regard to certain aspects necessary for the sufficiently transparent functioning of the eHealth Network, in particular, on the role of the eHealth Network and the Commission in relation to the eHealth Digital Service Infrastructure for Cross-Border eHealth Information Services, and the new requirements on data protection under Regulation (EU) 2016/679 of the European Parliament and of the Council (the ‘General Data Protection Regulation’) (3), and Regulation (EU) 2018/1725 of the European Parliament and of the Council (4).

The transparent management of the eHealth Network should be ensured by laying down rules on becoming a member of the eHealth Network and withdrawing from it. Participation in the eHealth Network being voluntary, the Member States should be able to join at any time. For organisational purposes, the Member States wishing to participate should inform the Commission of this intention in advance.

Electronic communication is a suitable means for rapid and reliable exchange of data between Member States participating in the eHealth Network. In this area, significant developments took place. In particular, in order to facilitate the interoperability of European eHealth systems, the eHealth Digital Service Infrastructure for Cross-Border eHealth Information Services was developed by those Member States participating in the eHealth Network which decided to advance their cooperation in this area with the support of the Commission, as an IT tool for the exchange of health data under the Connecting Europe Facility programme (5). These developments should be reflected in this Decision. Moreover, as stressed in the Commission Communication of 25 April 2018 on enabling the digital transformation of health and care in the Digital Single Market, empowering citizens and building a healthier society (6), the respective role of the participating Member States and of the Commission in relation to the functioning of the eHealth Digital Service Infrastructure for Cross-Border eHealth Information Services should be clarified.

The role of the eHealth Digital Service Infrastructure for Cross-Border eHealth Information Services should be to facilitate the cross-border exchange of health data between the Member States participating in the eHealth Network as recognised in the 2017 Council Conclusions on Health in the Digital Society (7) such as patient data contained in ePrescriptions and Patient Summaries and eventually more comprehensive electronic health records, as well as to develop other use cases and health information...