24 Amendments of Edina TÓTH related to 2022/0140(COD)
Amendment 942 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 a (new)
Article 13 – paragraph 3 – subparagraph 1 a (new)
In addition to the compliance check, the national security interests of the Member States shall be also taken into account before adopting the implementing act.
Amendment 1631 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Health data access bodies and single data holders may charge fees for making electronic health data available for secondary use. Any fees shall include and be derived from the costs related to conducting the procedure for requests, including for assessing a data application or a data request, granting, refusing or amending a data permit pursuant to Articles 45 and 46 or providing an answer to a data request pursuant to Article 47, in accordance with Article 6 of Regulation […] [Data Governance Act COM/2020/767 final]
Amendment 1641 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Where the data in question are not held by the data access body or a public sector body, the fees may also include compensation for part of the costs for collecting the electronic health data specifically under this Regulation in addition to the fees that may be charged pursuant to paragraph 1. The part of the fees linked to the data holder’s costs shall be paid to the data holder.
Amendment 1642 #
Amendment 1645 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Any fees charged to data users pursuant to this Article by the health data access bodies or data holders shall be transparent and proportionate to the costworkload of collecting and making electronic health data available for secondary use, objectively justified and shall not restrict competition. The support received by the data holder from donations, public national or Union funds, to set up, develop or update tat dataset shall be excluded from this calculation. The specific interests and needs of SMEs, public bodies, Union institutions, bodies, offices and agencies involved in research, health policy or analysis, educational institutions and healthcare providers shall be taken into account when setting the fees, by reducing those fees proportionately to their size or budget.
Amendment 1651 #
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
Amendment 1655 #
Proposal for a regulation
Article 42 – paragraph 6
Article 42 – paragraph 6
Amendment 1726 #
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. Any natural or legal personUnion citizens and third-country nationals legally residing in the EU or legal person established in the EU may submit a data access application for the purposes referred to in Article 34.
Amendment 1763 #
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. Data users seeking access to electronic health data from more than one Member State shall submit a single application to one of the concerned health data access bodies of their choice which shall be responsible for sharing the request witbe able to submit the applications through other health data access bodies and authorised participants in HealthData@EU referred to in Article 52, which have been identified in the data access application. For requests to access electronic health data from more than one Member States, the health data access body shall notify the other relevant health data access bodies of the receipt of an application relevant to them within 15 days from the date of receipt of the data access application HealthData@EU referred to in Article 52 by indicating what data they request from wich Member State.
Amendment 1804 #
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
Amendment 1848 #
Proposal for a regulation
Article 46 – paragraph 11
Article 46 – paragraph 11
11. Data users shall make public the results or output of the secondary use of electronic health data, including information relevant for the provision of healthcare, no later than 18 months after the completion of the electronic health data processing or after having received the answer to the data request referred to in Article 47. Those results or output shall only contain anonymised data. The data user shall inform the health data access bodies from which a data permit was obtained and support them to make the information public on health data access bodies’ websites. Whenever the data users have used electronic health data in accordance with this Chapter, they shall acknowledge the electronic health data sources and the fact that electronic health data has been obtained in the context of the EHDS. Where the output of the secondary use of the electronic health data is not comprehensive from the perspective of the underlying project, data users shall indicate where follow-up information is available.
Amendment 1862 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
Amendment 1866 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
Amendment 1868 #
Proposal for a regulation
Article 47 – paragraph 2 – point a
Article 47 – paragraph 2 – point a
Amendment 1869 #
Proposal for a regulation
Article 47 – paragraph 2 – point b
Article 47 – paragraph 2 – point b
Amendment 1870 #
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
Amendment 1875 #
Proposal for a regulation
Article 48
Article 48
Amendment 1894 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
Amendment 1895 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
Amendment 1896 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
Amendment 1897 #
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
Amendment 1933 #
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. Third countries or international organisations may become authorised participants where they comply with the rules of Chapter IV of this Regulation and provide access to data users located in the Union, on equivalent terms and conditions, to the electronic health data available to their health data access bodies. The Commission may adopt implementing acts establishing that a national contact point of a third country or a system established at an international level is compliant with requirements of HealthData@EU for the purposes of secondary use of health data, is compliant with the Chapter IV of this Regulation and provides access to data users located in the Union to the electronic health data it has access to on equivalent terms and conditions. The compliance with these legal, organisational, technical and security requirements, including with the standards for secure processing environments pursuant to Article 50 shall be checked under the control of the Commission. These implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 68 (2). The Commission shall make the list of implementing acts adopted pursuant to this paragraph publicly available. In addition to the compliance check, the national security interests of the Member States shall also be taken into account before adopting the implementing acts.
Amendment 1963 #
Proposal for a regulation
Article 52 – paragraph 13 – subparagraph 2
Article 52 – paragraph 13 – subparagraph 2
Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 68(2).
Amendment 2125 #
Proposal for a regulation
Article 72 – paragraph 5 a (new)
Article 72 – paragraph 5 a (new)