HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 344/48
EN
Official Journal of the European Union
28.12.2011
COMMISSION IMPLEMENTING DECISION
of 22 December 2011
providing the rules for the establishment, the management and the functioning of the network of
national responsible authorities on eHealth
(2011/890/EU)
THE EUROPEAN COMMISSION,
(5) The
2009
Council
conclusions
on
safe
and
efficient
healthcare through eHealth called for an alignment of
eHealth with health strategies and needs at the Union
and national levels through the direct involvement of
Having regard to the Treaty on the Functioning of the European
national health authorities. To achieve this, the Council
Union,
conclusions also called for a high-level mechanism of
governance following which a Joint Action ( 4 ) and a
Thematic Network were launched in the framework
Having regard to Directive 2011/24/EU of the European
respectively of the Health Programme ( 5 ) and the ICT
Parliament and of the Council of 9 March 2011 on the appli
Policy Support Programme of the Competitiveness and
cation of patients’ rights in cross-border healthcare ( 1 ), and in
Innovation Programme ( 6 ) (hereafter ‘the Joint Action’
particular Article 14(3) thereof,
and ‘the Thematic Network’). To ensure coordination,
coherence and consistency of the work on eHealth at
Union level and to avoid duplication of work, it is appro
priate to ensure continuation of the work of the high
Whereas:
level mechanism above mentioned within the framework
of the eHealth Network, in so far as this work is
compatible with the objectives assigned to the Network
(1)
Article 14 of the Directive 2011/24/EU assigned the
by Article 14(2) of Directive 2011/24/EU, and to link the
Union to support and facilitate cooperation and the
Joint Action and the Thematic Network to the eHealth
exchange of information among Member States
Network.
working within a voluntary network connecting
national authorities responsible for eHealth designated
by the Member States (‘the eHealth Network’).
(6) The
measures
provided
for
in
this
Decision
are
in
accordance with the opinion of the Committee set up
by Article 16 of Directive 2011/24/EU,
(2) In
accordance with Article 14(3) of Directive
2011/24/EU the Commission has an obligation to
adopt the necessary rules for the establishment,
HAS ADOPTED THIS DECISION:
management and transparent functioning of the eHealth
Network.
Article 1
Subject matter
(3) Participation
in
the
eHealth
Network
being
voluntary,
the
Member States should be able to join at any time. For
This Decision sets the necessary rules for the establishment, the
organisational purposes, the Member States wishing to
management and the functioning of the Network of national
participate should inform the Commission of this
responsible authorities on eHealth, as provided for by
intention in advance.
Article 14(1) of Directive 2011/24/EU.

Article 2
(4) Personal data of representatives of Member States,
experts and observers participating in the Network
Task
should be processed in accordance with Directive
1. The
eHealth
Network
shall
pursue
the
objectives
assigned
95/46/EC of the European Parliament and of the
to it by Article 14(2) of Directive 2011/24/EU.
Council of 24 October 1995 on the protection of indi
viduals with regard to the processing of personal data
and on the free movement of such data (
( 4 ) Joint Action on eHealth Governance Initiative; Commission Decision

2 ) and
C(2010) 7593 of 27 October 2010 on the awarding of grants for
Directive 2002/58/EC of the European Parliament and
proposals for 2010 under the second Health Programme
of the Council of 12 July 2002 concerning the
(2008-2013), Contract number 2010/2302.
processing of personal data and the protection of
( 5 ) Decision No 1350/2007/EC of the European Parliament and of the
privacy in the electronic communications sector
Council of 23 October 2007 establishing a second programme of
(Directive on privacy and electronic communications) (
Community action in the field of health (2008-2013) (OJ L 301,

3 ).
20.11.2007, p. 3).
( 6 ) Decision No 1639/2006/EC of the European Parliament and of the
( 1 ) OJ L 88, 4.4.2011, p. 45.
Council of 24 October 2006 establishing the Competitiveness and
( 2 ) OJ L 281, 23.11.1995, p. 31.
Innovation Framework Programme (2007 to 2013) (OJ L 310,
( 3 ) OJ L 201, 31.7.2002, p. 37.
9.11.2006, p. 15).

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EN
28.12.2011 Official
Journal
of
the
European
Union L
344/49
2. In
pursuing
those
objectives
the
eHealth
Network
shall
Article 6
work in close cooperation with the Joint Action and the
Thematic Network and shall build on the results achieved in
Operation
the framework of those two activities.
1. The
eHealth
Network
may
set
up
sub-groups
to
examine
specific questions on the basis of terms of reference defined by
it. Such sub-groups shall be disbanded as soon as their mandate
Article 3
is fulfilled.
Membership — Appointment
1. Members
shall
be
Member
States’
authorities
responsible 2. The
eHealth
Network
shall
adopt
a
multiannual
work
for eHealth designated by those Member States participating in
programme and an evaluation instrument on the implemen
the eHealth Network.
tation of such programme.
3. Members
of
the
eHealth
Network
and
their
represen
2. Member
States
wishing
to
participate
in
the
eHealth tatives, as well as invited experts and observers, shall comply
Network shall notify in writing to the Commission this
with the obligations of professional secrecy laid down by
intention as well as the national authority responsible for
Article 339 of the Treaty and its implementing rules, as well
eHealth they have designated in accordance with Article 14(1)
as with the Commission’s rules on security regarding the
of Directive 2011/24/EU.
protection of EU classified information, laid down in the
Annex to Commission Decision 2001/844/EC, ECSC, Euratom
of 29 November 2001 amending its internal Rules of
3. Each
national
authority
responsible
for
eHealth
shall Procedure ( 1 ). Should they fail to respect these obligations, the
nominate one representative in the eHealth Network, as well
Chair of the eHealth Network may take all appropriate
as one alternate, and shall communicate this information to the
measures.
Commission.
Article 7
4. The
names
of
Member
States’
authorities
may
be
Secretariat of the eHealth Network
published in the Register of Commission expert groups and
1. The
Commission
shall
provide
secretarial
services
for
the
other similar entities (‘the Register’).
eHealth Network.
5. Personal
data
of
representatives
of
Member
States,
experts 2. Other
Commission
officials
with
an
interest
in
the
and observers participating in the Network shall be collected,
proceedings may attend meetings of the eHealth Network and
processed and published in accordance with Directives
its sub-groups.
95/46/EC and 2002/58/EC.
3. The
Commission
shall
publish
relevant
information
on
the
Article 4
activities carried out by the eHealth Network either by including
it in the Register or via a link from the Register to a dedicated
Relation between the eHealth Network and the
website.
Commission
1. The
Commission
may
consult
the
eHealth
Network
on
any matter relating to eHealth in the Union, in particular
Article 8
when this is needed in order to provide guidance to the Joint
Meeting expenses
Action and the Thematic Network.
1. Participants in the activities of the eHealth Network shall
not be remunerated by the Commission for their services.
2. Any
Member
of
the
eHealth
Network
may
advise
the
Commission to consult the eHealth Network on a specific
2. Travel
and
subsistence
expenses
incurred
by
participants
question.
in the activities of the eHealth Network shall be reimbursed by
the Commission in accordance with the provisions in force
within the Commission.
Article 5
Rules of procedure
Those expenses shall be reimbursed within the limits of the
The eHealth Network shall adopt by a simple majority of its
available appropriations allocated under the annual procedure
Members its own rules of procedure on the proposal by the
for the allocation of resources.
Commission services, following consultation with the Member
States participating in the Network.
( 1 ) OJ L 317, 31.12.2001, p. 1.

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L 344/50
EN
Official Journal of the European Union
28.12.2011
Article 9
Entry into force
This Decision shall enter into force on the day following its publication in the Official Journal of the European
Union.
Done in Brussels, 22 December 2011.
For the Commission
The President
José Manuel BARROSO

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