Commission Implementing Decision of 10 March 2014 setting out criteria for establishing and evaluating European Reference Networks and their Members and for facilitating the exchange of information and expertise on establishing and evaluating such Networks (Text with EEA relevance) (2014/287/EU)

CHAPTER II U.K. ESTABLISHMENT OF EUROPEAN REFERENCE NETWORKS

Article 2 U.K. Call for interest to establish a European Reference Network

1. The Commission shall publish a call for interest to establish Networks within two years following the entry into force of this Decision.

2. Any group of at least 10 healthcare providers established in at least 8 Member States may collectively respond by the deadline indicated in the call for interest with an application containing a proposal to establish a Network in a given field of expertise.

3. The content of the application shall be as set out in Annex I.

4. On receiving an application, the Commission shall verify whether the conditions on the minimum number of healthcare providers and Member States as set out in paragraph 2 are met.

5. If either of those conditions is not met, the application shall not be entitled to assessment and the Commission shall ask Member States to encourage their healthcare providers to join the proposed Network in order to help reach the required number(s).

6. After consulting the Member States, the Commission shall decide on the appropriate timing for the publication of subsequent calls for interest.

Article 3 U.K. Membership applications

1. The application containing a proposal to establish a Network shall be accompanied by a membership application for each healthcare provider concerned.

2. The content of the membership application shall be as set out in Annex II.

3. The membership application shall be accompanied by a written statement from the healthcare provider's Member State of establishment certifying that its participation in the proposal to establish a Network is in accordance with the Member State's national legislation.

Article 4 U.K. Technical assessment of applications

1. If the Commission concludes that the requirements set out in Article 2(2) and in Article 3(2) and (3) are fulfilled, it shall appoint an assessment body to assess applications.

2. The assessment body shall verify whether:

(a) the content of an application containing a proposal to establish a Network fulfils the requirements set out in Annex I to this Decision;

(b) the content of the membership applications fulfils the requirements of Annex II to this Decision;

(c) the proposed Network fulfils the requirement to provide highly specialised healthcare in point 1(a) of Annex I to Delegated Decision 2014/286/EU;

(d) the proposed Network fulfils the other criteria and conditions set out in Annex I to Delegated Decision 2014/286/EU;

(e) the applicant healthcare providers fulfil the criteria and conditions set out in Annex II to Delegated Decision 2014/286/EU.

3. The assessment pursuant to points (d) and (e) of paragraph 2 shall only take place if the assessment body concludes that the proposal fulfils the requirements referred to in points (a), (b) and (c) of paragraph 2.

4. The assessment body shall draw up an assessment report on the application containing a proposal to establish a Network and the membership applications and send all reports to the Commission.

5. The assessment body shall send to each applicant healthcare provider the assessment report on the proposed Network and on its own membership application. The healthcare provider may send comments to the assessment body within two months of receiving the reports. On receiving the comments, the assessment body shall amend its assessment reports explaining whether the comments justify a change in its assessment.

Article 5 U.K. Approval of Networks and Members

1. On receiving an assessment report on a proposal for a Network and the proposed list of Members, drawn up pursuant to Article 4, and after verifying that the minimum number of healthcare providers and Member States set out in Article 2(2) is reached, Member States shall, within a Board of Member States as provided in Article 6, decide on the approval of the proposed Network and its Members.

2. By virtue of the approval referred to in paragraph 1, the proposed Networks shall be established as European Reference Networks.

3. If the minimum number of healthcare providers or of Member States set out in Article 2(2) is not reached, the Network shall not be established and the Commission shall ask Member States to encourage their healthcare providers to join the proposed Networks.

4. If a healthcare provider is given a negative assessment, it will be for that healthcare provider to decide whether it wants to submit its membership application, with the assessment report on the application, to the Board of Member States for review.

Article 6 U.K. Board of Member States

1. Member States are invited to set up a Board of Member States which shall decide whether or not to approve the proposals for Networks, their membership and the termination of a Network. If their decision differs from the assessment of the assessment body, the Member States shall give the reasons for this.

2. Member States wishing to be on the Board of Member States shall notify the Commission the national authority that shall represent them.

3. The Board of Member States shall adopt by a simple majority of its members its own rules of procedures, on the proposal of the Commission services.

4. The rules of procedure shall cover the functioning and decision-making process of the Board of Member States and specify which of its members are entitled to vote on the approval of a specific Network, which majority will determine the outcome of a vote, and what procedure to follow if the Board's decision differs from the assessment report on a Network proposal or membership application.

5. The Commission shall provide the secretariat of the Board of Member States.

6. The personal data of representatives of Member States on the Board of Member States shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.

Article 7 U.K. Logo

When a Network is approved, the Commission shall license the use of a unique graphic identifier (‘logo’), which that Network and its Members shall use for the activities organised by the Network.

Article 8 U.K. Applications for membership of existing Networks

1. A healthcare provider wishing to join an existing Network shall submit a membership application to the Commission.

2. The content of the membership application shall be as set out in Annex II.

3. The membership application shall be accompanied by a written statement from the healthcare provider's Member State of establishment certifying that its participation in the Network is in accordance with the Member State's national legislation.

[F1 4. If the Commission concludes that the requirements set out in Article 8(2) and (3) are fulfilled, the Board of the Network that the healthcare provider wishes to join, shall issue an opinion on the membership application, following a peer review carried out by the Network on the basis of the criteria and conditions set out in point 2 of Annex II to Delegated Decision 2014/286/EU.

5. Before delivering the opinion referred to in paragraph 4 and within three months from the moment the Commission has confirmed that the requirements set out in Article 8(2) and (3) are fulfilled, the Board of the Network shall send a draft opinion to the applicant healthcare provider that may send comments to the Network within one month of receiving the draft opinion. In case the Board of the Network does not receive comments on that draft, it shall deliver a final opinion on the membership application, within four months from the moment the Commission has confirmed that the requirements set out in Article 8(2) and (3) are fulfilled.

In case the Board of the Network receives comments, the deadline for the delivery of the final opinion is extended to five months from the moment the Commission has confirmed that the requirements set out in Article 8(2) and (3) are fulfilled. On receiving comments, the Board of the Network shall amend its opinion explaining whether the comments justify a change in its assessment. If the Board of the Network fails to send the draft opinion or to deliver its final opinion within the deadlines set above, the final opinion is deemed to be favourable.

6. In case of an unfavourable opinion of the Board of the Network, upon request of the Member State of establishment, the Board of the Member States, may issue a favourable opinion after re-assessing the application on the basis of the criteria and conditions set out in point 2 of Annex II to Delegated Decision 2014/286/EU. That favourable opinion shall accompany the application.]

Textual Amendments

F1 Inserted by Commission Implementing Decision (EU) 2019/1269 of 26 July 2019 amending Implementing Decision 2014/287/EU setting out criteria for establishing and evaluating European Reference Networks and their Members and for facilitating the exchange of information and expertise on establishing and evaluating such Networks (Text with EEA relevance).

Article 9 U.K. Technical assessment of applications for membership of existing Networks

[F2 1. If a favourable opinion is issued in accordance with Article 8(5) or (6), the Commission shall appoint a body to assess the membership application which it accompanies.]

2. The assessment body shall verify whether:

(a) the content of the membership application fulfils the requirements set out in Annex II to this Decision; and

(b) the healthcare provider concerned fulfils the criteria and conditions set out in Annex II to Delegated Decision 2014/286/EU.

3. The assessment pursuant to point (b) of paragraph 2 shall only take place if the assessment body concludes that the membership application fulfils the requirements referred to in point (a) of paragraph 2.

4. The assessment body shall draw up an assessment report and send it to the Commission and to the applicant healthcare provider. The healthcare provider may send comments to the assessment body within two months of receiving the report. On receiving of such comments, the assessment body shall amend its assessment report explaining whether the comments justify a change in its assessment.

Textual Amendments

F2 Substituted by Commission Implementing Decision (EU) 2019/1269 of 26 July 2019 amending Implementing Decision 2014/287/EU setting out criteria for establishing and evaluating European Reference Networks and their Members and for facilitating the exchange of information and expertise on establishing and evaluating such Networks (Text with EEA relevance).

Article 10 U.K. Approval of new Members

1. On receiving a positive assessment report drawn up pursuant to Article 9, the Board of Member States shall decide whether or not to approve the new Member.

2. If a healthcare provider is given a negative assessment, it will be for that healthcare provider to decide whether it wants to submit its membership application, with the assessment report on the application, to the Board of Member States for review.

Article 11 U.K. Termination of the Network

1. A Network shall be terminated in the following cases:

(a) one of the minimum numbers set out in Article 2(2) is no longer reached;

(b) a negative evaluation report of the Network has been drawn up pursuant to Article 14;

(c) by decision of the Board of the Network according to its rules and procedures;

(d) if the Coordinator fails to request an evaluation of the Network within the five- year period after it was set up or since its last evaluation.

2. The termination of a Network, on the grounds listed in paragraph 1(a) and (b), must be approved by the Board of Member States referred to in Article 6.

Article 12 U.K. Loss of membership

1. A Member of a Network may lose membership for any of the following reasons:

(a) voluntary withdrawal, according to the rules and procedures agreed by the Board of the Network;

(b) by decision of the Board of the Network, according to the rules and procedures agreed by the Board;

(c) if a Member State of establishment notifies to the Member of the Network that its participation in the Network no longer complies with national legislation;

(d) if the Member refuses to be evaluated pursuant to Article 14;

(e) if a negative evaluation report on the Member has been drawn up pursuant to Article 14;

(f) if the Network where the Member participates is terminated.

2. The relevant Member State shall inform the Commission of the reasons for the notification referred to in paragraph 1(c).

3. The Board of the Network shall inform the Commission in the cases referred to in point 1(a), (b) and (d).

4. The loss of membership on the grounds listed in paragraph 1(e) must be approved by the Board of Member States referred to in Article 6.

5. In any case of loss of membership, the Commission shall verify whether the minimum numbers of healthcare providers and of Member States set out in Article 2(2) are still reached. If not, it shall ask the Network to find new Members within the next two years or terminate the Network, inform the Board of Member States of the situation and ask Member States to encourage their healthcare providers to join the Network.

6. Loss of membership shall lead to the automatic loss of any of the rights and responsibilities associated with participation in the Network, including the right to use the logo.

Article 13 U.K. Assessment manual

1. In consultation with Member States and interested parties, the Commission shall draw up a detailed manual regarding the content of, documentation and procedure for the assessment referred to in Articles 4 and 9.

2. The assessment procedure shall include the verification of the documentation submitted by the applicants and on-site audits.

3. The body appointed by the Commission pursuant to Articles 4(1) and 9(1) to assess a proposal for a Network and applications for membership of the Network shall use the assessment manual.